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10-758Council File # 10-758 Green Sheet #�jJ� CITY Presented by 1 WHEREAS, adverse action was taken against the Cigazette/Tobacco license held by Piazza Market, 2 LLC d/b/a Piazza Market (License ID #20080001922) for the premises located at 512 Sneiling Avenue 3 North in Saint Paul by Notice of Violation dated June 18, 2010, alleging licensee sold tobacco products to 4 a minar on 3une 4, 2010, in violation of Minn. Stat. § 609.685 Subd. 1(a) and Saint Paul Legislative Code 5 § 324.07{c); and 6 7 WHEREAS, this was the licensee's second violation within one year, so per Saint Paul Legislative 8 Code § 32411(b) (1), the licensing office recommended a$400.00 matrix penalty; and 9 10 WHEREA5, licensee did respond to the Notice of Violation but then failed to send a letter 11 requesting a public hearing by the June 28, 2010 deadline; and 12 13 14 15 16 17 18 19 20 WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $40�.00 matrix penalty or request a hearing by June 28, 2010, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that Piazza Market, LLC d/b/a Piazza Market is hereby ordered to pay a matrix penalty of $400.00 for the sale tobacco products to a minor on 3une 4, 2010, in violation of Minn. Stat. § 609.685 Subd. 1(a} and Saint Paul Legislative Code § 324.07 (c}. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Yeas Nays Absent Requested by Department of: � � ��.- �� x��s By: ��' i.�.� H— �.tc..� Adopted by Council: Date y Adoption Certified by Council ecretary BY �//,�i� � ' d� Approv b M or: ate ��7 ��p (� By: RESOLUTION NT PAI� MINNESOTA �S' Fo p ed by City ttom B y' ��f.�C�— 1�1 k- Form A�ro d yor for iss' n to Council By: io-�sa � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmentlOfficelCouncil: � Oate lnitiated: : S � _ Dept. of Safety & Inspections ' 09 �� Zo �� Green Sheet NO: 3115784 Contact Person 8 Phone: Rachel Tiemey 266-a�io � ASSign Number For Routing OMer � I 0 � 2 3 4 5 '� Must Be on Council Agenda� by��e): � � 27-JUL-10 C ��, � I Doa Type: RESOLUTION �� '� E-DocumentRequired: Y � �; Document Contact: �ulie Kraus � '� Contact Phone: 266-8776 i 7otal # of Signature Pages ,(Clip All Lacations for Signature) Approval of the attached resolurion to take adverse acrion against the Cigazette/Tobacco license held by Piazza Mazekt, LLC d/b/a Piuza Market (License ID#20080001922) for the premises located at 512 Snelling Avenue North in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB CammiBee Civil Service Commission Personal5ervice Contracts Must Answer the Foliowing questions: 1 Has this person/flrm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skiil not normafly possessed by any current city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): On June 4, 2010, a clerk in the licensee's establishment sold tobacco products to a minor in violation of Minn. Stat. Section 609.685 Subd. 1(a) and Saint Paul L,egislarive Code Section 324.07(c). After notification, licensee did not respond to the Notice of Violation. Advantages If Approved: Imposirion of $400.00 matrix penalty - 2nd violation within one year. Disadvantages If Approved: Disadvantages If Not Approved: Totai Amount of TranSacGOn: Funding Saurce: Fi nanci al lnformation: (Explain) CostlRevenue BUdgeted: Activity Number: July 9, 2010 1128 AM Page 1 10-758 sn�xr PAUL � AAAII CITY OF SAINT PAUL ChnstopherB. Golemaq Mayor OFFICE OF THE CITY ATTORNEY Gerald Hendnckson, CityAttomey Gvil DiviSron 400 City HaII Telephone: 657 266-87f0 15 West Kellogg 8(vd. Facsimile: 651298-5619 Saint Paui, Mmnesota 53102 June 18, 2010 NOTICE OF VIOLATION Amanuel Sahle Piazza Market 512 Snelling Avenue North St. Paul, MN 55104 RE: Cigarette/Tobacco license held by Piazza Market, LLC d/b/a Piazza Market for the premises ]ocated at 5] 2 Snelling Aveime North in Saint Paul License ID #20080001922 Dear Amanuel Sahle: The Department of Safety and Inspections (DSI) has recommended adverse action against the CigarettelTobacco license held by Piazza Market, LLC d/b/a Piazza Mazket for the premises located at 512 Snelling Avenue North in Saint Paul. The basis for the recommendation is as follows: On June 4, 2Q10, a to6acco compliance Re-checkwas conducted at Piazza Market located at 512 Snelling Avenue North. A Tifteen year old female entered your store and asked to buy cigarettes. She was not asked to show her identification which would have indicated she was underage. Nevertheless, the clerk sold her a package of Newport cigarettes. Sale of tobacco to an underage person is a violation of Minn. Stat. § 609.685 Subd. l(a) as well as Saint Paul Legisiative Code § 324.07 (c). This is the second violation within one year for the sale of tobacco products to an underage person; therefore, per Saint Pa�l Legislative Code § 324.11 (b) (I ), the licensing office wi11 recommend a$400.00 matrix penaity. At this time, you have three options on how to proceed: You can pay the $400.00 matrix penalry. If this is your choice, you will need to the send payment to the Deparhnent of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101- 1806 no later than Monday, June 28, 2010. InPormation should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $400.00 matrix penalty will be considered a waiver of the hearing to which you are entitled. Affirmative Action Equal Opportunity Employer 10-758 Piazza Market June 18, 2010 Page 2 Z. If you wish to admit the facts bnt contest the penalty, you may have a public hearing before the Saint Paul City Council. You wil] need to send me a letter with a statement admitting the facts and requesting a public hearing. We wi]I need to receive your letter no laterthan Monday, June 28, 2010. The matter will then be scheduled before the CiTy Council for apublic hearing to determine whetherto impose the $40�.Q0 matrix penalty. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. Ifyou dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearfng both you and the City wil] be able to appeaz and present wimesses, evidence and cross- examine each other's witnesses. The St. Paul City Council wil] ultimately decide the case. If this is your choice, please advise me no later than Monday, June 28, 2010, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest t6e imposition of the $400.00 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda Sor approval of the recommended penalty. Please be advised that the clerk who was identified as having made the sale on tUis date is also being chazged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a sepazate action from this license matter. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, � �-c9��Q. �.��,�,� s �1=-- Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Amanuel Sahle, 1865 — 47`�' Street East, Inver Grove Heights, MN 55077 Miclaael Jon Olson, Exec. Director, Hamline Midway Coalition, 1564 Lafond Avenue, St. Paul, MN 55 1 04-1 832 Affirmative Action Equal Opportunity Employer STATE OF MIlVNESOT ^ � � ss. COUNTY OF RAMSEY ) AFFIDAVIT OF Sh�. VICE BY U.S. MAiL Julie Kraus being first duly swom, deposes and says that on the 1�� day of June, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Amanuel Sahle Piazza Mazket 512 Snelling Avenue North St. Paul, MN 55104 Amanuel Sahle 1865 — 47�' Street East Inver Grove Heights, MN 55077 Michael Jon Olson, Exec. Director Hamline Midway Coalition 1564 Lafond Avenue, St. Paul, MN 55104-1832 ia�ss (which is the last known address of said person) depositing the same, with postage prepaid, in the United SYates mail at St. Paul, Minnesota. 1�-- � Juh Kraus Subscribed and sworn to before me this J$`� day of June, 2010 ��_�� "No ar� y nubiio �� SSARD 1 NYC�AMISSNOf � IXPIRES JAN. 31, 2015 10-758 CI'I'1' OF SAJNT PAUL Chrislophrr B. Colemart, Mayor DEPAR'IMENT OF SAFETY AND 7NSPECTIONS Sab Kvssier, Direttor 375 J¢ckaon Sirenl, Suve 220 Saint P¢ul, Minnesom 5�701-1806 Telephane: 651-2b6-9090 Fa¢im i1e: 651-26�9124 Web: wwwstpauLgov/dre Tobacco Compliaace Check Purchase Form ,.___ u 2009 RECHECK #20080001922 Piazza Market 512 Snelling Avenue North Saint Paul, MN SS1Q4 Business Type: �Convenience OConvenience! Gas ❑Gas �Dmg Store / Pham�acy ❑Tobacco / Smoke Shop ❑Supermarket / Grocery [�eneral Mercbant �Liquor Store / Bar Restaurant �Other (pnvate club, bowhng, ecc.) Date: �� / l(/ Time: � . - �� a.m / p.m y � 2 1VQVj DD YY i �, � v Was purc ase attempted? If NO, check reason: {� �Yes (]No ODoes not sell tobacco �Unsatisfactory/unsafe conditions j� ?} , ❑Outofbusiness ❑Othez ' �After business ho�as �Not applicable �� J �� l� �+ Buyer fr V i� Age Sex AduLt L!i'_�:J Did adutt or / a(�c ' e�r view transaction? Use 3 initials IS � �Femalje Use 3 initials Yes or /No J 16 ��e` � 17 as e made? Was age ask Was ID requested? Was ID shown? Yes or No Yes or o Yes or No Yes or � Type of purchase: Typ�e f product: Amount spenr $ I I lJl. fo IJ I Self Service "C;igarettes V`� �Lv✓ �� Clezk assisted Smokeless _Vending macbine - Unlocked _Cigars Location of machine _Other (cigazette papers, lighter, _Vending machi.ne - Locked Location of maclvne Clerk Information: []Female �NZale Approffimate Age: ❑Under 18 Actual age if lmown ❑ I S and Over 10-758 Name of Clerk: �� ` � r ✓ U � ��L �w��5 � �� Address: Aate of Birth �� 37 �G�-lV� �,� �. �� l� Driver's License # or State I. D.#: �' �"`,,� F �� VV� � � � �� ,��s �� - ��' � c �J , (,,� 1�- � � �� l � � � �� z 10-758 MINNESOTA STATUTES 2QQ9 609.685 609.685 SALE OF TOBACCO TO CHILDREN. Subdivision ]. Definitions. For the purposes of this section, the following terms shall have the meanings respectivel;< ascribed to them in this section. (a) "Tobacco" means cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut crimp cut, ready rubbed, and other smoking tobacco; snuff: snuff flour; cavendish: plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, c]ippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for cl�ewing or smoking in a pipe or other tobacco-related devices. (b) "Tobacco-related devices" means cigarette papers or pipes for smoking. Subd. 1 a. Penalty to se1L (a) Whoever sells tobacco to a person mider the age of 18 years is guilty of a misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if tlie defendant proves by a preponderance of the evidence that the defendant reasonabiy and in good faith relied on proof of age as described in sectiai 340A.503, subdivision 6. Subd. 2. Other offenses. (a) Whoever furnishes tobacco or tobacco-related devices to a person under the age of 18 years is guilty of a misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is guilty of a gross misdemeanor. (b) A person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco-related devices and who uses a driver's license, permit, Minnesota identification card, or any type of false identificatiou to misrepresevt the person's age, is guilty of a misdemeanor. Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2, whoever possesses smokes, chews, or otherwise ingests. purchases, or attempts to purchase tobacco or tobacco related devices and is under tl�e age of l 8 years is guilry of a petty misdemeanar. Subd. 4. EfFect on local ordinances. Nothing in subdivisions 1 to 3 s1�a11 supersede or preclude the continuation or adoption of any ]ocal ordinance which provides for more stringent regulation of the subjecf mattea' in subdivisions 1 to 3. Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an ]ndian may furnish tobacco to an Indian under the age of 18 years if tl�e tobacco is furnished as part of a traditional Indian spiritual ar culturai ceremony. For purposes of this paragraph, an Indian is a person who is a member of an ]ndian tribe as defined in section 260.755, subdivision ]2. Copyri=hl � 2009 b� the Revisor of Siatutes, State of Mmnesola All Riphts Rcsen�ed io-�ss 2 MINNESOTA STATUTES 2009 609.685 (b) The penalties in this section do not app]y to a person under the age of 18 years who purchases or attempts to purchase tobacco ortobacco-related devices while underthe direct supervision of a responsible adult for traininL, education. research, or enforcement purposes. Subd. 6. Seizure of false identification. A retailer may seize a form of identificaCion listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe that the fonn of iden6fication has been altered or falsified or is being used to vi�late any law. A retailer that seizes a form of identification as authorized under this subdi�rision shall deliver it to a law enforcement agency within 24 hours of seizing it. History: 1963 c 753 ar�r 1 s 609 685, 1981 c 218 s 1,2, 1986 c 3i2 s a, 1989 c 290 art 3 s 33,3-t, 1992 c 588 s 1; 1993 c 224 ar� 9 s 44,45; 1994 c b36 arf 2 s d4, 7999 c 139 ar•t -1 s 2, 2000 c 472 s 5-9 Co}�>i�gltt t�; 2p09 6� the Re�isor of Statutes State of Minnewla Atl Rigtits Reser�ed 10-758 Chapter 324. Tobacco Sec. 324.11. Presumptive penafties. Page ] of 2 (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the arriount of fines, length of license suspensions and the propriety of revocations. These penafties are presumed to be appropriate for every case; however, the counai may deviate therefrom in an individual case where the council finds and determines that there exist substantiai and compeliing reasons which make it appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Piesumptive pena/ties for violations. Adverse penalties for violations or convictions shall be presumed as follows: TABLE INSET: Type of Appearance Violation 1st 2nd 3rd 4th (1) Sale of tobacco to a $200.00 $400.00 30-day Revocation minor fine fine suspension (c) Fines payable without hearing. Notwithstanding the provisions of section 310.05(I), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the department of safety and inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the (icensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent v+olations. (d) Computationoftime. (1) If a licensee violates this chapter and the violation occurs within twelve (12) calendar months after the first appearance of the same licensee for a violation under this chapter, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a licensee has appeared before the council on two (2) previous occasions for violations of this chapter, and if said licensee again appears before the council for a violation of this chapter, and if the current violation occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations of this chapter, and if said licensee again appears before the councii for a violation of this chapter, and if the current violation occurred within twenty-four (24) calendar months of the violation that gave rise to the first appearance, then the current appearance shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether twelve (12), eighteen (1&), or twenty-four (24) months have elapsed shall be the date of the violation last in time at the first appearance, and the date of the violation first in time at a�y subsequent appearance.