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95-114�� Council File # q S— ll�"� Green Sheet # � � � 3 (,� RESOLUTION C1TY OF SAINT PAUL, MINNESOTA Presented By Re£erxed To Committee: Date KESOLVED, that the Licensee, D�agon 5tar Oriental Foods, Inc. (Lic. ID No. 28899) located at 633 West Minnehaha Sueet in Saint Paul is herby ordered to pay a fine of $200 for the violation for the sale of tobacco or tobacco products to a minor. Said flne shall be paid to the Office of License, Inspection and Evironmental Protection within thirty (30) days of the adoption of this resoluuon by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the letter notice of the violation to the licensee, the LIEP inspection report, and such azguments as may have been presented to the Council at the poublic hearing. The facts were not contested by the licensee. Requested by Department of: Adoption Certified by Council Secretary By Appr s / / / ��./✓ ii �'1 Form Approved by City Attorney By: � � . Approved by Mayor for Submission to Council B Adopted by Council: Date ��.� _ ��qQ� OFFICE oF ��P Date: 1/25/95 GRE E N S HE E T N° 30730 Robert RESS10r 2 6-9112 Z DEPARTMENT DZAE 1Y1R 3 x uNCxL � � 1 ITY AT1Y1 EY I CLERK a�s�aR ust be �IZ C�un(.'ll Agenda �Jy; °^'° UDGET DI C1Y1R IN. L HGT. SVC. DIR. � SAP YOR (OR ASSISTANT) OTAL OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATiJRE) CTION RE¢UESTED: ncontested adverse license action. COMMENDATZONS: APPROVE (A) OR R£JEC2 (R) PfiRSONAL SERVICE GONTRACTS MUST ANSWER THE FOLLOHING: PLANNING COMMISSION CIVIL SERVICE C�MMISION 1. Has the peLSOnffirm ever wotked under a contxact foc this depaY`..ment? CIS COMMZTTEE YES NO STAPF _ 2, gas this person/firm ever Leen a City employeel DISTRZCT COVRT YES NO 3. Does ihis person/firm possess a ski11 not normally possessed by any SUPPORTS WHZCH COUNCIL OBJECTIVE7 Cuzzent City emploYee? YES NO xplain all YES answezs on a sepatale sheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Sale of cigarettes to a minor. Dragon Star Oriental Foods 633 west Minnehaha Ave. DVANTAGES IF APPROVED: �� s �a�� '�� `� �� DISADVANTAGES IE APPROVED: •� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMI�TION: (EXPLAIN) OFFICE OF THE CTI'1' ATTORNEY TFmothy E Mm; Ciry Anamey `�S —1 \ � CITY OF SAINT PAUL �;ru�n Norm Coleman, Mayrn 4Q9 Cuy HaII Telephone 612 2668710 IS Weu Rrllo� Blvd Facsim8e 612 2A4-5619 Saint Pmr7, Mvuaewta SSZ02 January 23, 1995 NOTICE OF COUNCIL HEARING Mr. Chu Ku Dragon Staz Oriental Foods, Inc. 633 Minnehaha Avenue West Saint Paul, Minnesota 55104 Re: All licenses held by Dragon Star Oriental Foods, Inc. for the premises at 633 Minnehaha Avenue West, Saint Paul Dear Mr. Ku: Please take notice that a hearing concerning the above-mentioned establishment has been scheduled for 3:30 p.m, February 1, 1995 in the City Hall and Ramsey County Court House. Enclosed please find a cogy of the proposed resolution, with attachments, for consideration by the City Council. This is an uncontested hearing, in that the facts contained in the Stipulation of Facts aze not disputed. You will have an opportunity to present oral and/or written argument as to the appropriate sanction, if any, to be imposed. If you have any questions, please call me at 266-8731. Very truly yours, � ANET A. RETI'ER Of6ice of the City Attomey cc: Howard W. Sussman Attomey for the Licensee Robert Kessler, D'uector LIEP � Christine Rozek LIEP Nancy Anderson City Council qs-i�y Notice of Council Hearing Dragon Star Oriental Foods, Inc. Page 2 Ix. Nancy DiPerna SN Joann Tooley, Community Council Organizer Thomas-Dale Community Council � k', � �' � � � �` i i' �' T � � �s- ily UNCONTESTED LICENSE HEARING Licensee Name: Dragon Star Oriental Foods, Inc. Address: 633 Minnehaha Avenue West Saint Paul, Minnesota 55104 Date of Council Hearing. Wednesday, February 1, 1995 3 o'clock p.m. Violation: Sale of Cigarettes to a minor, § 324.07 of the Legislative Code. Date: November 16, 1994 15me: Approacimately 3:40 p.m. Place: Licensed premises, 633 Minnehaha Avenue West Matrix Presumptive Penalty: N/A • Recommendation by Office of the City Attomey on behalf of client, Office of License Inspection and Environmental Protection: $200.00 fine (first offense) Attachments 1. Proposed Resolution 2. License Information 3. Stipulation of Facts 4. Letter of I IEP to licensee (notice of violation) 5. Notice of Hearing letter to Licensee �s-��y Business License Master Inquiry Screen License # : 28899 is in the current license file License Name : DRAGON STAR ORIENTAL FOODS INC DBA : DRAGON STAR ORIENTAI, FOODS INC Status : ACTIVE 1. License Data 17. C of O Data 2. Manager - no notes 18. C of O Activity Data 3. Status 19. C of O Alternate Owner Data 4. License Codes no employees data 20. City Address File ownership Data no associate names 7. Bond no current complaints 8. Insurance 22. Complaint history - 13 on record 9. Vehicle no restrictions data 23. Alarm Permit Data - 1 on record 11. Worker Comp 12. Business History 24. Business License Summary Screen no inspector notes 14. A/R - history no inspections results 15. Vending Machine no bench location Enter Inquiry #, (Q)uit, another License �, or search by any of the following: (A)ddr, (C)ompany name, (V)ehicle, (B)ond, (I)nsurance, Alarm (P)ermit: 1 Alt-Z FOR IiELP° VT102 ° FDX ° 9600 E71 ° I,OG CLOSED ° PRINT OFF ° Date: Nov 18 Business License Master Inquiry LICEI3SE I.D. 28899 LICENSE NAME DRAGON STAR ORIENTAL FOODS INC FIRST NAME MIDDLE INITIAL BLD STREET NUMBER 633 STREET DIRECTION W STREE`P NAME MI23NEHAHA STREET TYPE AV CITY ST. PAUL STATE MN ZIP 55104 UNIT BILLING NAME STREET NUMBER 5550 STREET NAME 133RD CITY SAVAGE BLD STREET DIRECTION W STREET TYPE ST STATE MN ZIP 55378 UNIT D.B.A. DRAGON STAR ORIENTAL FOODS INC COMBINE CODE TAX ID 1317409 SSN - - PHONE NUMBER 612-6219141 DEAZER NUMBER BADGE.NO Mailing License to the Billing Address LIC.EXP.DATE 03/31/95 CEN.TK TERR 07 KRIS , FIRE (Y/N) Y EFFECTIVE DATE 12/03/93 A1t-Z F�R HELP° VT102 °�'DX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Date: Nov 18 BUSINESS LICENSE MANAGER SCREEN License ID Name CAU KU � Transfer from License ID, 28899 Transfer to License ID Council File # Green Sheet # RESOLUTION CITY OF SAINT PAllL, MINNESOTA Presented By Referred To Committe�: Date `�s-1��1 � y �� RESOLVED, that the Licensee, Dragon Star Oriental Foods, Inc. (Lic. ID No. 28899) located at 633 West Minnehaha Street in Saint Paul is erby ordered to pay a fine of $200 for the violation for the sale of tobacco or toba, co products to a minor. Said fine shall be paid to the Office of License, Ig`spection and Evironmental Protection within thirry (30) days of the adoption of th�s resolution by the Council and signature by the Mayor. �' This resolution and the action of the Coundl in this matter are based upon the facts contained in the letter notice of the violatio�{ to the licensee, the LIEP inspection report, and such arguments as may have been pr,�sented to the Council at the poublic hearing. The facts were not contested by the li¢�ensee. / � Absent Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date sy: Requested by Department of: By: Form Approved by City Attorney a Approved by Mayor for Submission to Council By: �s-I�y Oifice of License, Inspections and Environmental Protection Memorandum November 28, 1994 To: Robert Kessler, Director of LIEP Fr: Ted Koeppl, Admuustrative Intern Re: Cigarette sale to minor compliance check summary On November 16, 1994 between the hours of 3:00 p.m. and 5:10 p.m., and on November 12, 19, and 26, 1994 between the hours of 10:00 a.m. and 1:00 p.m., I accompanied Deanna Riley, age seventeen, to one-hundred licenserl cigarette retail establishments for the purpose of determining if such licensees would sell cigarettes to a minor in violation of Section 324.07 of the Saint Paul Legislative Code and in violation of Minn. Stat. § 609.685. Ms. Riley's physical description is as follows: Caucasian, 5'4", medium length red hair and freckles, weight 115 pounds. On the date(s) and time period(s) of the compliance checks, Ms. Riley wore blue jeans and a light blazer. Ms. Riley wore minimal makeup. It was determined that, during the dates specified, one-hundred licensed cigarette retail establishments would be investigated. A list of routes has been pre-established in order to deternune which establishments will be checked and in which order. The order of the routs has been set up as close to randomly as possible and every licensed cigazette retail estabiishment has been included in the route system. This is so that the City of Saint Paul can comply with the obligations associated with their acceptance of the ASSIST Grant for $5,000 and the $2,000 grant from the State of Minnesota Department of Human Services. The investigation procedure consisted of sending the minor into respective listed establishments attempting to purchase a pack of cigarettes. At no time did the minor produce false identification showing an incorrect age. At no time did said minor possess a false identification card or license. After the minor retumed to the car and informed me of such sale and of which employee sold such tobacco products (identification was made by name tag, physical description, and by particular counter), I entered the establishment and identified myself by showing my badge. I explained that the sale of cigazettes to a minor' was made and that this act constituted a gross misdemeanor punishable of up to $500.00, and could result in adverse action against the license or licenses held. I then asked for their name and recorded it on a copy of the compliance check slips used as a record of establishments checked and as evidence against those who are found not to comply. I recorded any other relevant comments or informarion. If the employee or manager of the establishment voiced any ldnd of objecrion, I responded in clear terms that due process would be afforded to them. Receipts were retained when possible and the cigazette tax "�` �• number was recorded on the information slip corresponding with the establishment in c� S �,� question. The receipts and cigarettes are given to you in conjunction with this report. Of the one-hundred establishments investigated, three cigarette retailers did sell cigarettes to said minor. The following is a list of such licensees, the time of sale and the name of the employee who conducted the sale in the order they were checked: I,icensee Time/Date of Sale Name of Emplo�e H. C. O. Self Serve 719 Payne Ave. Lic ID- 96596 Minnehaha Liquor Store 945 Minnihaha Ave. W. Lic ID- 16945 11:30 a.m./ 11/12/94 3:30 p.m./ 11/16/94 Dragon Star Oriental Foods 633 Minnihaha Ave. W. Lic ID- 28899 3:40 p.m./ 11/16/94 Bill Auger Dennis King Please note that the documents completed in the field corresponding to these establishments have been bagged with the cigarettes as evidence. cc: City Attorney's Office 2 s�cxr �I PAVL i � ARIIA crrY oF sa�rr Paur. Norm Cotcman, Mayor OFFICE OF LICENSE, IKSPECf1��5 A,D Et�'VIItOt�'MEhTAL PROTL-CI'ION � S 1 1, � Roben F:csskr, Direcmr LCEI�SEAMJ Tekphont: 612-266-91PJ INSPEL770NS Fauimile:612-2669724 350 St Pcur Sirect Suiu 3Q7 Sai�u Paul, Mi'u�tsow 55702 NOTICE OF COMPLAINT November 18, 1994 Mr. Chu Ku Dragon Star Oriental Foods Inc. 633 Minnehaha Avenue West Saint Pau1, Minnesota 55104 Re: All llcenses held by Dragon Star Orienta] Foods Inc. for the premises at 633 Minnehaha Avenue West, Salnt Pau1 Dear Mr. Ku: The Off3ce of L3cense, Inspecllons and Envirorunental Protection will recommend to the Saint Paul City Council that adverse actlon be taken against all the Ilcenses you hoId at the above-named premises. This recommendation is based on the following: On November 16, 1994, a clerk or other employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This 1s an offense under Minn. Stat. §609.685 and Section 324.07 of the Saint Paul Legis)ative Code. This otfense 1s the basis for an action against all your licenses under Section 310.Q6(b) of the Legislative Code. The recommendation of this otTice is a$200 fine for the fust offense as called for in the Saint Paul Lep�slative Code as cited above. If you do not dispute the above facts, send me a fax or ]etter to that eftect wit}iln 5 days. The case will be set beCore the City Council in the near future and you will recelve further notice to this regard. If you do dlspute the facts stated above, you may request a hearing before an Adminfstrat3ve Law Judge (AL.T). The AI.J will ho7d a trial-type hearing at which both you and the C7ty will be able to appeaz and present witnesses, evid'ence and cross- examine the others wltnesses. The Counci] will decide the matter at a later public hearing after 9t receives the report of the ALJ. Please let me know wit.hin 5 days if you wish this alternate procedure and we will take the necessary steps to schedu3e it for you. Further quesUons regarding this pmcess may be directed to Phil Byme at 266-8710. Failure to respond wlll result 1n an automatic AI.T hearing, and you may be held responsible for the costs of such hearing. ' Very truly yours, Robert Kessler Director. � S C: Phil Syme, Assistant City Attomey BEFORE TI�E C1TY COUNCIL � S S 1 y OF THE CTI'Y OF SAINT PAUL In the Matter of the Licenses of Dragon Star Oriental Foods, Inc. STIPULATION OF FACTS 633 Minnehaha Avenue West, Saint Paul, Minnesota TO: City Council President David Thune and the City Council of the City of Saint Paul, 310 City Hall, 15 West Kellogg Boulevazd, Saint Paul, Minnesota 55102 In the matter of the adverse action against the licenses of Dragon Star Oriental Foods, Inc. (the "Licensee"), the Licensee does not dispute the underlying facts of the alleged license violauon as presented herein and hereby represents there are no additional facts establislung xnitigating or aggravating circumstances. STIPULATION OF FACTS The City of Saint Paul, Department of License, Inspection and Environzuental Protection (LIEP) is charged with providing and maintaining a process of licensing city businesses as well as providing a license inspection unit which sha11 make inspections and report a11 violations to the Council, Saint Paul Administrative Code § 13.01(g)(5). Pursuant to that duty, the Department of LdEP has initiated a system by which establishments licensed to sell cigarettes would be checked for compliance with the Minnesota Statute § 609.685 and Saint Paul Legislative Code § 324.07 which prohibit the sale of cigarettes to minors. Ted Koeppl, an Adminisuative Intem with LIEP, implemented the program by which 100 licensed establishments wonld be checked for compliance. On several dates during the month of November (November 16, 1994, between 1 �s-��y the hours of 3:00 p.m and 5 p.m.; and 1�Tovember 12, 19, and 26 between the hours of 10:00 a.m. and 1:00 p.m.) Ted Koeppl accompanied a minor, Ms. Deanna Riley, to each of the preselected licensed establishments. The minor, at the time of the compliance check was a 17 year old, 5'4", 115 lb., caucasian, female with medium length red hau and freckles. On I3ovember 16, 1994 Ms. Riley wore blue jeans and a light blazer and wore m;n;ma1 makeup. On that date at appro�mately 3:40 p.m. Ms. Riley entered Dragon Star Oriental Foods, Inc. at 633 West Minnehaha Avenue West and approached a clerk with long black hair and purchased a pack of cigarettes. The minor did not present a false identification card showing an incorrect age, nor did the minor possess a false identification card or license at the time of the purchase. Following the purchase the minor retumed to the car and relayed the details of the transaction to Mr. Koeppl, including a description of the clerk who sold the cigarettes to Ms. Riley. Mr. Koeppl then entered the store, identified himself as Ted Koeppl from the Saint Paul Department of License, Inspection and Environmental Protection and elcplained that a clerk in the store had sold cigarettes to a minor, in violation of Minnesota Statute § 609.685 and Saint Paul Legislafive Code § 324.07. CONCLUSION The Licensee realizes the importance of complying with the laws of the State of Minnesota and the ordinances of the City of Saint Paul. Therefore, the Licensee agrees to pay the recommended fine of $200 and to take steps to ensure that all employees of the licensed establishment are aware of and comply with State laws and Ciry ordinances governing the sale of cigarettes to minors. 2 �j S _ 1) `-1 Dated this ��ay of 3anuary, 1995. i n, � /� �� . Hownxn W. SussMnlv 3ANET A, RF.iTER Attomey for the Licensee Attomey for the City of St Paul 701 Fourth Avenue South 400 City Hall Minneapolis, Minnesota 55415 15 West Kellogg Boulevard Phone (612) 332-4830 Saint Paul, Minnesota 55102 Phone (612) 266-8710 f / c�� . �y�, L i c H �E. i�c v Mx. �.�7a Dragon Star Oriental Foods, Inc. 633 Minnehaha Avenue West Saint Paul, Minnesota 55104 License Identification # 28899 �s_ � t`� CTI'Y OF SAINT PAUL Norm Co7eman, Mayor November 30, 1994 Mr. Chu Ku Dragon Star Oriental Foods, Inc. 633 Mimiehaha Avenue West Saint Paul, Minnesota 55104 OFFICE OF THE CITY ATTORNEY TG.wury E. MarX Ciry,SUOmey Civil Dividon 400 Ciry Hall IS West Kellogg Blvd Saint Pau1 Minrsesom SSIO2 Telephone 612 266-8770 Fac.sin�ile.• 612 298-5619 Notice of Hearing Re: In re the Licenses of Dragon Star Oriental Foods, Inc. for the premises of 633 Minnehaha Avenue West, St. Paui Dear Mr. Chu Ku: This notice is to notify you that a hearing will be held concerning all the licenses held at the premises stated above at the following date, time and piace: Date: January 9, 1995 TSme: 9:30 a.m. Place: City I-Iall/Court House, Room 40-B 15 West Keliogg Blvd. Saint Paul, Minnesota 55102 The judge will be an Administrative Law 7udge from the State of Minnesota Office of Administrative Hearings: Name: Susan Weisman, Administrative Law Judge Oftice of Administrative Hearings Suite 1700 100 Washington Square Minneapolis, Minnesota 55455 Telephone: (612) 341-7615 The Council of the City of Saint Paul has the authority to provide for hearings �s-iiy concerning licensed premises, and for adverse action against such licenses, under Chapter 310, inciuding sections 310.05 and 310.06, of the Saint Paul Lzgislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hoid at the above premises as follows: On November 16, 1994, a clerk or other employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. § 609.685 and section 324.07 of the Saint Paul Legislative Code This offense is the basis for an action agaiast ali your licesnes under Section 310.06(b) of the Saint Paul Legislative Code. The licensee has the right to be represented by an attorney before and during the hearing if tbe licensee so chooses, or the licensee can represent him or herself. The licensee may also have any other person of his or her choice represent the licensee to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of sections 14.57 to 14.62 of the Minnesota Statutes, and such parts of the procedures under section 310,05 of the Saint Paul Izgislative Code as may be applicable. At the bearing, the Administrative Law Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the city's attorney may cross examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest or occupants of property located in close proacimity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be availabie to compel the attendance of witnesses or the production of documents in confomury with Minnesota Rules, part 1400.7000. If you think tbat this matter can be resolved or settled without a formal hearing, please contact or ha�e your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative I.aw Iudge for incorporation into his or ber recommendation for Council. The licensee is advised Notice of Hearing Page 2 `�s-��y that the Saint Paul City Council is authorized to impose upon the licensee the costs of this contested hearing as set out in section 310.05 (k) of the Saint Paul Legislative Code if it is determined that the position, cIaim or defense of the licenseee or applicant was frivoulous, arbitrary or capricious. ff you fail to appear at the hearing as scheduled or provide adequate notice to the undersigned of your intention not to appear, the allegations against you which have been stated earlier in this notice may be taken as true and your ability to challenge them forfeited. ff non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14.6Q subdivision 2. Very truly yours, . /��"i"�-�� JANET A. REITER Office of the City Attomey cc: Howard Sussman Attomey for Licensee Robert Kessler LIEP Lt. Nancy DiPema Vice Unit Alberto Quintela, Jr. City Clerk Susan Weisman, ALJ c/o Offlce of Administrative Hearings Joann Tooley, Community Organizer Thomas-Dale Community Council Notice of Hearing Page 3 `�S- ��` STATE OF MIAT23ES0`PA COUNTY OF RAMSEY Ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 30, 1994, she served the attached Notice of Hearing on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Chu Ku Draqon Star Oriental Foods 633 Minnehaha Avenue West St. Paul, MN. 55104 which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails, at St. Paul, Minnesota. Subscribed and sworn to before me this 30th day o£ November, 1994. � , ^�� ta P lic � iwvvv,nrt�A �wv�nnnnn�nnnnnn�lnnnnn n y....,�_ ,,, •_��iY?: �>.^.,'-!?:;cin!JG"��`d ''``'`'�"'`'ir�5,�`? 'v�':; �'C—A1lP�\,'-.SOTA , Sc-: z"; ^;�S" R�.`!wE"f��^U�ViY � PAy Commissmn Exp�res Sept 18, 1935 XVyVJV�M'V� Y �5- »y STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on January 23, 1995, she served the attached Notice of Council Hearing on the following named person by placinq a true and correct copy thereof in an envelope addressed as follows: Mr. Chu Ku Dragon Star Oriental 633 Minnehaha Avenue St. Pdul, Mn. 55104 Foods, Inc. West which is the last known address of said person) and deposi same, with postage prepaid, in the Un States mails, Paul, Minnesota. „ , Subscribed and sworn to before me this 23rd day of January, 1995. Notary bli�� BEIVA J. fLOYD NOTMY PUBLIC-MINNESpTA RAMSEY CAUN7Y btY WM413310N OfPiNE3 sa9P the St. STATE OF MTNNESOTA q� ., � � � OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 20, 1995 Nancy Anderson Assistant Secretary to Council Research St. Paul City Council 310 City Hall 15 West Kellogg Boulevard St. Paui, Minnesota 55102 Re: In the Matter of the Licenses held by Dragon Star Oriental Foods, Inc.; OAH Docket No. 56-2101-9266-3 Dear Ms. An�erson: On January 6, 1995, Administrative Law Judge Weisman received notice that the parties in above-entitled matter had reached a stipulation and no administrative hearing was necessary. Enclosed is the official record in this case. Our file in this matter is now being closed. Very truly yours, � ��y�� . /v.�rl�'G/J ancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartiaf Hearings for GovernmeM and Citizens An Equal Opportunity Employer Administrative Law Section & Adminishative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 3A9-2665 OFFICE OF THE CITY ATPORNEY Timothy E. Ma� Ciry ArtmneY n JF - r t , i `� I i y CTTY OF SAINT PAUL �� v=' `� =�� Nomx Coie✓nm5 Mayar 7� Jr�-tts '� N'� �: :'- # Civil Divisian 400 Q'ry HaA ZS A'aY Kellaffi Blvd Saint Paul, M'mnesota 55102 TeJephonc 612 2568710 Faasurule� 612 29&5619 i't1J:�.ii"siJ t �. (` ,_ +��Lf=.iEki1:� J January 6, 1995 Judge Susan Weisman Office of Adminisuative Hearings 100 Washington Square, Suite 1700 Minneapoiis, Minnesota 55455 RE: In Re the Licenses of Dragon Star Oriental Foods, Inc. for the premises of 633 Minnehaha Avenue, Saint Paul, Dear Judge Weisman: The purpose of this letter is notify you that the parties in the above named matter have reached a stipulation as to the facts which serve as a basis for the action. Therefore, I'm requesting that the Administradve Heazing Scheduled for Monday, 7anuary 9, 1995 be canceled, as the parties will proceed directiy to a hearing before the Saint Paul City Council. Very truly yours, � �"2�:�1-._ JANET A. REITER Office of the City Attorney cc: Howard Sussman Attorney for the Licensee Robert Kessler, Director LIEP Christine Rozek LIEP Ted Koeppl LIEP Nancy Anderson City CouncIl Nancy Thomas Office of Administrative Hearings Lt. Nancy DiPerna SIU Joann Tooley, Communiry Organizer Thomas-Dale Communiry Councfl OFFiCE OF THE CITY ATTORI�'EY Tunothy E. MarX Csry Aaomey �5' f l� CITY OF SAINT PAUL �° = v�- �'"` � F � ; Norm Colemaq Mayor cnanNt�n dG0 Ciry HaA IS Wen Kellogg BTvd Saint Paul Muinesom 55102 Telephone: 612 266-87I0 Facsmile: 6I2 298-5619 c� �a "t� �� 9� � I _ r . . _ .. ��'IISri _ 4f^ q, r-- :: �'Sitsi�tS�V.� January 6, 1995 Judge Susan Weisman Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55455 RE: In Re the Licenses of Dragon Star Oriental Foods, Inc. for the premises of 633 Minnehaha Avenue, Saint Paui, Dear Judge Weisman: The purpose of this letter is notify you that the parties in the above named matter have reached a stipulation as to the facts which serve as a basis for the action. Therefore, I'm requesting that the Administrative Hearing Scheduled for Monday, January 9, 1995 be canceled, as the parties will proceed directly to a hearing before the Saint Paul Ciry Council. Very truly yours, �� JANET A. RETTER Office of the City Attorney cc: Howard Sussman Attorney for the Licensee Robert Kessler, Director LIEP Christine Rozek LIEP Ted Koeppl LIEP Nancy Anderson Ciry Council Nancy Thomas Office of Administrative Hearings Lt. Nancy DiPema SN Joann Tooley, Community Organizer Thomas-Dale Community Council OFFICE OF THE CITY ATTORNEY �� Timothy E. Mm , City Attomey - II CIT'Y OF SAINT PAUL =" ^ `' ` `^ " ' - - t -; _ __ civizDivi.aon Nom� CoJeinan, Mayor C j �t C� -', A� �: .`2 6 ZS We.� KelTogg Bivd F 612 29� Saint Pau� M'mnerom 55102 r..ir�.:i.v' `ti'.r.3 i�YL hc� :liivJ December 2, 1994 Howazd W. Sussman Attomey at Law 701 Fourth Avenue South Suite 810 Minneapolis, Minnesota 55415 Re: In re the Licenses of Dragon Star Oriental Foods, Inc. for the premises of 633 Minnehaha Avenue West, St. Paul Dear Mr. Sussman: Per your request of November 29, 1994, I am providing to you and the Office of Administrative Hearings the attached "Disclosure of Witnesses and F�hibits" per Minnesota Rules, part 1400.6700. The attached documentation represents the exhibits which the City is currently prepared to present at the hearing. The pack of cigarettes which was purchased by the minor on November 16, 1994 may be introduced as an e�ibit, as well. However, the cigarettes are currently in the possession of the Department of License, Inspection and Environmental Protection. In regazd to penalues for violations of section 324.07 of the Saint Paul Legislative Code, I refer you to Chapters 310 and 324 of the Saint Paul L.egislative Code. In the past, it has been the recommendation of the License Division to assess a$200 fine for first offenses and a$400 fine for second offenses of this nature. There has been no formal policy set forth on this topic by either the License Division or by the Saint Paul City Council. Sincerely . �.t�c�`�`�. JANET A. REITER Office of the City Attomey enclosure cc: Office of Administrative Hearings � Y STATE OF MINNESOTA q 5- I � y OFFICE OF ADMII�TISTRATIVE HEARINGS -: r- :_ € } r �� [� FOR THE CTI'Y OF SAINT PAUL �'-� `"" Case No. �': �EC -7 ;�! �� v6 ;:3;tt�";si�_ __ i C�i;��ii;C In the Matter of the Licenses of Dragon Star Oriental Foods, Inc. DISCLOSURE OF WITNESSES 633 Minnehaha Avenue West, Saint AND EXHIBITS Paul, Minnesota To: Dragon Star Oriental Foods, Inc. and it attomey, Howard W. Sussman, 701 Fourth Avenue South, Suite 810, Minneapolis, Minnesota 55415 The City of Saint Paul may call any or all of the following witnesses: 1. Robert Kessler, Director, Office of License, Inspections and Environmental Protection, City of Saint Paul. Kessler will state the basis for his recommendation as to adverse action. 2. Ted Koeppl, Administrative Intern, Inspections and Environmental Protection, City of Saint Paul. Koeppl will testify to the implementation of the Compliance Check Prograzn, his observations on November 16, 1994 and his contact with the clerk at Dragon Star Oriental Foods on that date. 3. Ms. Riley, pwchaser of the cigarettes from Dragon Star Oriental Foods on November 16, 1994. Ms. Riley will testify as to her age, her actions and her observations while purchasing cigarettes at Dragon Staz Oriental Foods on November 16, 1994. EXHIBITS The earhibits of the City of Saint Paul may consist of any or all of the following (copies of which are attached herewith, except the final proposed e�ibit listed): • Notice of Complaint from Robert Kessler to Mr. Chu Ku; dated November 1 _ �, 18, 1994; 1 pg. q5-�i� • Relevant portions of Chapters 310 and 324 of the Saint Paul Legislarive Code. • Business License Master Inquiry Screen for License number 28899, License Name: Dragon Star Oriental Foods, Inc.; dated November 18, 1 pg. Memorandum from Ted Koeppl to Robert Kessler dated November 28, 1994; 2 pgs. Tobacco Compliance Check Form for Dragon Star Oriental; dated November 16, 1994; 1 pg. • One pack of Mazlboro Red Cigazettes. The City will copy its premarked proposed Earhibits and make them available to counselin advance ofthe hearing. Dated this � day of December, 1994 L��- � J T A. REITER ttorney Registration # 250806 Office of the City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 Phone: 612-266-8710 Attorney for the Office of License, Inspection and Environ.*�ental Protectio� 2 OFFICE OF LICENSE, INSPECCIONS AND 6NVIRONMENTAL PROTECitON SA[HT PhVL � A�1111 Robert Kesskr, Director CTTY OF SAINT PAUL Narm Colcman, Mayor - {; =r��. -- - , L :-� IICENSE AND JI,. �� —'j A'� Q v�NSPEC/]ONS `350 Sc Peur Streei .`� �1 I l}: 1( [ Suiu 3� i�i.rY��l#,FJJ Sairu Pau(, Minnesota 55102 NOTICE OF COMPLAINT November 18, 1994 Mr. Chu Ku Dragon Star Orlental Foods Inc. 633 Minnehaha Avenue West Saint Paul, Minnesota 55104 Re: All 1lcenses held by Dragon Star OrSental Foods Inc. for the premises at 633 Minnehaha Avenue West, Sa3nt Pau] Dear Mr. Ku: q5"il�f Telephone: 612-26G9100 Facsimi (e: 672-2669] 24 The 0f23ce of License, Inspectlons and Environmental Protection will recommend to the Saint Paul City CouncIl that adverse actlon be taken agalnst all the licenses you hold at the above-named premises. This recommendation is based on the following: On November 16, 1994, a clerk or other employee sold cigarettes to a rrilnor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. §609.685 and Section 324.07 of the Saint Paul Legislative Code. Th1s offense is the basis for an action against all your licenses under Section 310.06(b) of the Legislative Code. The recommendation of this office is a$200 fine for the first ofiense as called for in the Saint Paul Legislative Code as cited above. If you do not dispute the above facts, send me a fa�c or letter to that etTect within 5 days. 1'he case will be set betore the City Council in the near future and yau wili receive further notice to this regazd. If you do dispute the facts stated above, you may request a hearing before an Adminlstrative Law Judge (ALJ). The ALJ will hold a trial-type hearing at which both you and the City will be able to appear and present witnesses, evidence and cross- exar*�ine ±he oLhe:'s w�ltnesses. The Ccuncil a-:ll decide ihe maiter at a Iater pubiic hearing after it receives the report of the ALJ. Please let me know within 5 days if you wish this altemate procedure and we will take the necessary steps to schedule it for you. Further questions regarding this proeess may be directed to Phil Byme at 266-8710. Failure to respond wi17 result in an automatic AIa7 hearing, and you may be held responsible for the costs of such hearing. Very truly yours, Robert Kessler Director C: Phil Byme, Assistant City Attorney Business License Master Inquiry Screen License # : 28899 is in the current license file License Name : DRAGON STAR ORIENTAL FOODS INC DBA ; DRAG023 STAR ORIENTAL FOODS INC q5-�(�-I Status : ACTIVE 1. License Data 17. C o£ O Data 2. Manager - no notes 18. C of O Activity Data 3. Status 19. C of 0 Alternate Owner Data 4. License Codes no employees data 20. City Address File Ownership Data no associate names 7. Bond no current complaints 8. Insurance 22. Complaint history - 13 on record 9. Vehicle no restrictions data 23. Alarm Permit Data - 1 on record 11. worker Comp 12. Business History 24. Business License Summary Screen no inspector notes 14. A/R - history no inspections results 15. Vending Machine no bench location Enter Inquiry #, (Q)uit, another License #, or search by any of the following: (A)ddr, (C)ompany name, (V)ehicle, (B)ond, (I)nsurance, Alarm (P)ermit: 1 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Date: Nov 18 Business License Master Inquiry LICENSE I.D. 28899 LICENSE NAME DRAGON STAR ORIENTAL FOODS INC FIRST NAME MIDDLE INITIAL BLD STREET NUMBER 633 STREET DIRECTION W STREET NAME MINNEHAHA STREET TYPE AV CITY ST. PAUL STATE MN ZIP 55104 UNIT BILLING NAME STREET NUMBER 5550 STREET NAME 133RD CITY SAVAGE BLD STREET DIRECTION W STREET TYPE ST STATE MN ZIP 55378 LTNIT D.B.A. DRAGON STAR ORIENTAL FOODS INC COMBINE CODE TAX ID 1317409 SSN - - PHONE NUMBER 612-6219141 DEALER NUMBER BADGE.NO Mailing License to the Billing Address LIC.EXP.DATE 03/31/95 CEN.TK TERR 07 KRIS , FIRE (Y/N) Y EFFECTIVE DATE 12/03/93 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Date: Nov 18 BUSINESS LICENSE MANAGER SCREEN License ID Name CHU KU � Transfer from License ID 28899 Transfer to License ID ��liy Office of License, Inspedions and Environmental Protection Memorandum November 28, 1994 To: Robert Kessler, Director of LIEP Fr. Ted Koeppl, Administrative Intern Re: Cigarette sale to minor compliance check summary On November 16, 1994 between the hours of 3:00 p.m. and 5:10 n.m., and on November 12, 19, and 20, 1994 between the hours of 10:00 a.m. and 1:00 p.m., I accompanied Deanna Riley, age seventeen, to one-hundred licensed cigazette retail establishments for the purpose of determining if such licensees would sell cigarettes to a minor in violation of Section 324.07 of the Saint Paul Legislative Code and in violation of Minn. Stat. § 609.685. Ms. Riley's physical description is as follows: Caucasian, 5'4", medium length red hair and freckles, weight 115 pounds. On the date(s) and fime period(s) of the compliance checks, Ms. Riley wore blue jeans and a light blazer. Ms. Riley wore minimal makeup. It was determined that, during the dates specified, one-hundred licensed cigarette retail establishments would be investigated. A list of routes has been pre-established in order to deternune which establishments will be checked and in which order. The order of the routs has been set up as close to randomly as possible and every licensed cigarette retail establishment has been included in the route system. This is so that the City of Saint Paul can comply with the obligations associated with their acceptance of the ASSIST Grant for $5,000 and the $2,000 grant from the State of Minnesota Department of Human Services. The investigation procedure consisted of sending the minor into respective listed establishments attempting to purchase a pack of cigarettes. At no time did the minor produce false identification showing an incorrect age. At no time did said minor possess a false identificadon cazd or license. After the minor retumed to the car and informed me of such sale and of which employee sold such tobacco products (identification was made by name tag, physicai description, and by particular counter), I entered the establishment and identified myself by showing my badge. I explained that the sale of cigarettes to a minor' was made and that this act constituted a gross misdemeanor punishable of up to $500.00, and could result in adverse action against the license or licenses held. I then asked for their name and recorded it on a copy of the compliance check slips used as a record of establishments checked and as evidence against those who are found not to comply. I recorded any other relevant comments or information. If the empioyee or manager of the establishment voiced any ldnd of objection, I responded in clear terms that due process would be afforded to them. Receipts were retained when possible and the cigarette tax ``' �� number was recorded on the information slip corresponding with the establishment in ��, ( i � question. The receipts and cigarettes are given to you in conjunction with this report. Of the one-hundred establishments investigated, three cigarette retailers did seli cigarettes to said minor. The following is a list of such licensees, the time of sale and the name of the empioyee who conducted the sale in the order they were checked: Licensee Time/Date o£ Sale Name of Emplo�ee H. C. 0. Self Serve 719 Payne Ave. Lic ID- 96596 Minnehaha Liquor Store 945 Minnihaha Ave. W. Lic ID- 16945 11:30 a.m./ 11/12/94 3:30 p.m./ 11/16/94 Dragon Star Oriental Foods 633 Minnihaha Ave. W. Lic ID- 28899 3:40 p.m./ 11/16/94 Bill Auger Dennis King Please note that the documents completed in the field corresponding to these establishments have been bagged with the cigarettes as evidence. cc: City Attorney's Office 2 �5-i�y TOBAGCO COMPLIANCE CHECK FORM # � pA� �!� nt�E. � 7AX I. D. NUMBER ��L-- NAME OF CCMP CE CHECI�R L NAME OF OfFICER + � NAME AN� ADDRESS OF LJCENSED VFNDOR � � WAS 7HETOBPGCO - SEIf SERVE7 ASS�STED7� MACHP�lE4 SALE WAS MADE YES _� N0: BRAND: ��Q�-�_�. NtJJEOFCiERK: ��1,�.�}�� SIX: M F: DESCRIPTION: CHECK ABORTED: YES ADDITIONAL CONMENTS: N0: y r 1 I `�1 ` 1 � `� t � � 1 C . " _ ' . _ _:i-.s;i-':-":-::_:_�:::_ _ -- - - ' - — -_ " - ' -, _ ..._.-, 'Z.. �.> t- : :" .: :.— ' � s. � '. {�- �'"'�''. . . �. .. . - _ :.. _,.:. ;, _ 1 4 - . ._ . . . . _ . .. - . - -_' � .. - . . _ � _ - - � . ' . �_ OFFICE OF THE CITY A r�,wriy E. nro� cu auo� � F" _ �: r = ! ��;` _ :J CITY OF SAINT PAUL Norm Coteman, Mayor November 30, 1994 Mr. Chu Ku D;agon Star Oriz;�t� roods, ir,c. 633 Minnehaha Avenue West Saint Paul, Minnesota 55104 Re: In re the Licenses of Dragon Star Oriental Foods, Inc. for the premises of 633 Minnehaha Avenue West, St. Paul Dear Mr. Chu Ku: Notice of Hearing This notice is to notify you that a bearing will be held conceming all the licenses held at the premises stated above at the following date, time and place: Date: January 9, 1995 15me: 9:30 a.m. Place: City Hall/Court House, Room 40-B 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 The judge will be an Administrative I.aw Judge from the State of Minnesota Office of Administrative Hearings: Name: Susan Weisman, Administrative Law Judge Office of Administrative Hearings Suite 1700 100 Washington Square Minneapolis, Minnesota 55455 Telephone: (612) 341-7615 9'� GEC —Z R�# °� �a5 CIvi1 Divisiors k,�;;•�;��[ 400CiryHall Telephorse:6I2266-8710 �';rr�t(��5 ISWertKelloggBlvd Fac.amile:61229&5619 Saint Paul Minnuota 55202 T'he Council of the City of Saint Paui has the authority to provide for heazings Q5-�� concerning licensed premises, and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, af the Saint Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On November 16, 1994, a clerk or other employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. § 609.685 and section 324.07 of the Saint Paul Legislative Code This offense is the basis for an action against ail your licesnes under Section 310.06(b) of the Saint Paul Legislative Code. The licensee has the right to be represented by an attorney before and during the hearing if the licensee so chooses, or the licensee can represent him or herself. The licensee may also have any other person of his or her choice represent the licensee to the extent not prohibited as unautborized practice of law. The hearing will be conducted in accordance with the requirements of sections 14.57 to 14.62 of the Minnesota Statutes, and such parts of tbe procedures under section 310.05 of tbe Saint Paui Legislative Code as may be applicable. At the bearing, the Administrative L.aw Judge will have all parties identify themselves for the record. Then the City will present its witnesses and evidence, each of whom the licensee or attomey may cross-exanune. 'Tbe licensee may then offer in rebuftal any witnesses or evidence it may wish to present, each of whom the city's attomey may cross examitte. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by eitber party who have a substantial interest or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should brittg to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to ihe Administrative Law Judge for incorporation into his or her recommendation for Council. The licensee is advised Notice of Hearing Page 2 q�- ► i �-{ tbat the Saint Paul City Council is authorized to impose upon the licensee the costs of this contested hearing as set out in section 310.05 (k) of the Saint Paul Legisiative Code if it is determined that tbe position, claim or defense of tf�e licenseee or appficant was frivoulous, arbitrary or capricious. If you fail to appear at the bearing as scheduled or provide adequate notice to the undersigned of your intention not to appear, the ailegarions against you wfiich fiave been stated earlier in this notice may be taken as true and your ability to chalienge them forfeited. If non-pubfic data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14.60, subdivision 2. Very truly yours, . /��"i�",-�� JANET A. RETTER Office of the City Attomey cc: Howazd Sussman Attomey for Licensee Robert Kessler LIEP Lt. Nancy DiPema Vice Unit Alberto Quintela, Jr. City Clerk Susan Weisman, AIJ c/o Office of Administrative Hearings Joann Tooley, Community Organizer Thomas-Dale Community Council Notice of Hearing Page 3