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95-234Council File # Green Sheet # RESOLUTION OF SAINT PAUL, MINNESOTA � � / �� s� ' �►�l . Presented Referred To q.� a 3� f D'13 9 -�3 � G Committee: Date RFSOLVED, that the Licensee, Avanti Petroleum, Inc. dba Total Mart, having three locarions at which cigazettes were sold to minors (1) (License ID No. +yo32� located at 1351 Randolph Avenue, (2) (License ID No.��i�5j located at 976 East Seventh Street, and (3) (License ID No.}sl'I� located at 1529 White Bear Avenue (second violation), all in Saint Paul, is hereby ordered to pay a total fine of $800, which is $200 for the first violations on Randolph and East Seventh, and $400 for the second violation at the White Bear location. Said fine sha11 be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the letter notice of the violation to the licensee, the LIEP inspecuon report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: Adoption B _ Approved sy: � Date /� � / / �1 Form Approved by City Attorney sy: — I�� 2 ` "�5 1 U Approved by Mayor for Submission to Council B � i955 Adopted by Cou�C'ri1 Date / „ � Qs-a 3 OFFICE OF LIEP Date: 2/16/95 �;�� `�H�+ ,�r� � N° ��739 Robert KESSlex 266-9112 2 DEPAR T DZRECT R 3 xxx covrcxL ,�, 1 xxz arro�z xrz czexic ..�� ust be 011 C�uRC11 Agenda by: � � ET DIREC R IN. 6 MGT. SVC. DSR, � SAP Y R ( R ISTAN OTAL OF SZGNATURE PAGE$ 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: ncontested adverse license action. COMMENDATIOPS: APYROVE (A) OR REJECT (R) PBRSONAL SERVIC6 CONTRACTS MUST AiiSNER THE FOLLOWING: PLANNING COMMISSION _ CIVIL SERVICE COMMISZON 1. Has the peYSOR/fixs eVeY woiked llRder a coqtract £oi this depaitment? CIB COMMITTEE _ YES NO STAFF _ 2. Has this person/firm evec been a City employee7 DISTRICT WURT YES NO 3. Does this pecson/firm possess a skill not normally possessed by any SUPPORTS W13ICH COUNCIL OBTECTIVE7 Cutzent City employeei YES NO 6xplain all Y8S auswers on a s¢paraYe sh¢et and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Sale of tobacco products to a minor: Totai Mart 1351 Randolph Avenue Total Mart 976 East 7th Street Total Mart 1529 White Bear Avenue DVANTAGES TF APPROVED: DISADVANTAGES IF APPRQVED: . , �� .,... i DISADVANTAGES IF NOT APPROVED: _^ � ��,,M �. r:,i `� � o� �aer OTAL AMODNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO FUNDTNG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF LICENSE, A'SPECCIONS AND ENVII20NMENTAL PROTECT[ON Roberr Kerskr, Dirccmr � � - L3y $ALNT PAUL � AOAA C1TY OF SAINT PAUL Norm Coleman, Mayor 350 5k Pcmr Street Telepho�: 6I2-2669I72 Ssdu 300 Facsimi4: 672-26G9124 Saint Paui, Mirv�esota SSIO2 February 27, 1995 NOTICE OF COUNCII. HEARING Mr. James P. HiIl Total Mart #5662 ��` �' �•� - ---- - � �� «.. _ .._ 1529 White Beaz Avenue North C � c <�.,- Saint Paul, MN 55106 �LU � � i,, ;a Re: Al1lIcenses held by Total Mart #5662 for the premises at 1529 White $ear Avenue North, Saint PauI Dear Mr. Hill: Please take notice that a heo ing concerning the above-named establishment has been scheduled for �p.m. on Wednesday, Mazch 8"' in the City Council Chambers, 3' floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in ihe reports concerning the untawful saie of cigarettes have been admitted. You will have an opportunity at the Council Hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendation of the Office of License, Inspections and Environmental Protection will be for a$400.00 fu7e. If you have any questions, please call me at 266-8710. Very truly yours, �� ' �'� Philip B. yme Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, LIEP Director Antma[ and Pes[ Control 672b45-3953 Buzfding Inepection and Design 612-266-900A Lawjul Gmnbling Fnjorcnnent 672-266-9I ]4 Environmenia( Health Services 612-266-9130 Food Inspecrion Serviccs 612-266-9130 Zaning Adminisvalion 612-266-9008 9s-a 3 �/ Business License Master Inquiry Date: Jan 6 LICENSE I.D. 15178 LICENSE NAME AVANTI PETROLEUM, INC. FIRST NAME MIDDLE INITIAL STREET NUMBER 1529 STREET NAME WHITE BEAR CITY ST. PAUL STATE MN BILLING NAME STREET NUMBER 8148 STREET NAME PILLSBURY CITY MPLS BLD STREET DIRECTION N STREET TYPE AV ZIP 55106 UNIT BLD STREET DIRECTION S STREET TYPE AV STATE MN ZIP 55420 UNIT D.B.A. TOTAL MART #5662 COMBINE CODE LIC.EXP.DATE 03/31/95 TAX ID 1373026 SSN -- CEN.TK PHONE NUMBER 612-8814483 TERR 07 KRIS DEALER NUMBER BADGE.NO FIRE 32 Mailing License to the Billing Address (Y/N) Y EFFECTIVE DATE 03/24/94 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Date: Jan 6 BUSINESS LICENSE MANAGER SCREEN License ID 15178 Name JAMES P. HILL Transfer from License ID 15178 Transfer to License ID Street Number 4403 Street Direction Unit Street Name HAMILTON Street Type DR City EAGAN State MN Zip 55123 Phone 6830205 Notes 1:12824 Env Notes 2:8/17/94 C.F. #94-1187 $200.00 FINE IMPOSED FOR 3:SELLING TOBACCO PRODUCTS TO A MINOR 4:9/16/94 REC'D $200.00 FOR CIG FINE 5:PH NOTICE SENT 10/11/94 SET 11/9/94 6:22 EMAIL, 49 MAILED 7:11/9/94 PH ON APPN FOR NEW OFF SALE MALT, CIG, GAS 8:STA, AND GROC-C APP'D C.F. #94-1619 1: 2: 3: 4: Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 9s-a3 � TOBPGCOCOMPLJANCECHECKfORM # � I -' DATE: I,� /J'h Tltv�: I.� TAX I. D. NUMBER: �� ,��-_, � NAMEOFCOMPLIANCECHEC{�R A� NAMEOFOFFICER • e�PL NAME AND ADDRESS OF LICENSE� VENDOR: C. � � L � WAS 1}iE TOBPCCO - SELF SERVE? ASSISiED7 MACHQJE? SALE WAS MADE YES _� N0: BRAND: � Q L q 01cA�� NAMEOf CLERK: �ELLISSA _, A U.�'S� SIX: M F: _�_ DESCRIPTION: CHECKABORTED: YES N0: ADDITIONAL COMAINTS: •�. . �� I"� � 1 � �'l� 95-a3 � Business License Master Inquiry Date: Jan 6 LICENSE I.D. 70955 LICENSE NAME AVANTI PETROLEUM INC FIRST NAME MIDDLE INITIAL STREET NUMBER 976 STREET NAME 7TH CITY ST. PAUL STATE MN BILLING NAME STREET NUMBER 8148 STREET NAME PILLSBURY CITY MINNEAPOLIS BLD STREET DIRECTION E STREET TYPE ST ZIP 55106 UNIT BLD STREET DIRECTION S STREET TYPE AV STATE MN ZIP 55420 UNIT D.B.A. TOTAL MART �`5676 COMBINE CODE LIC.EXP.DATE 03/31/95 TAX ID 1373026 SSN -- CEN.TK PHONE NUMBER 612-8814483 TERR 07 KRIS DEALER NUMBER BADGE.NO FIRE 32 Mailing License to the Billing Address (Y/N) Y EFFECTIVE DATE 04/O1/94 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Date: Jan 6 BUSINESS LICENSE MANAGER SCREEN License ID 70955 Name JAMES PHILLIP HILL Transfer £rom License ID 70955 Transfer to License ID Street Number 4403 Street Direction Unit Street Name HAMILTON Street Type DRIVE City EAGAN State MN Zip 55123 Phone 6830205 Notes 1:12856 Env Notes 2:10/11/94 - SENT TO COUNCIL WITHOUT SITE PLAN AND L 3:EASE AGREEMENT / CAR 4:PH NOTICE SENT 10/11/94 SET 11/9/94 5:23 EMAIL, 40 MAILED 6:11/9/94 PH ON APPN FOR NEW CIG, LIQ FUEL DLR, OFF 7:SALE MALT, GAS STA, AND GROC-C APP'D C.F. #94-1615 8: 1: 2: 3: 4: Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° q,s-�3� - - - -- ,---- - - - - -- - TOBPGCO COMPLIANCE CHECK FORM # 1� �� DATE: � o(,� TIN�: �. O� TAX I. D. NUMBER: ==� NAMEOFCOMPLIANCECHECi�R /J T1 C. NAMEOFOFFICER NAMEANDADDRESSOFLICFNSEDVENDOR: Y(h / IR� 92� � � '�� WAS THE TOBPGCO — SELF SERVE? ASS�STED?� MACHWE7 _ SALE WAS MADE: YES N0: BRAND: 1�1��11�L NAMEOFCLERK: 1`�S G � SIX: M F: DESC(iIPTION: CHECKABOt�TED: YES N0: ADDITIONAL COMv1ENTS: ��' �� " j ��, �i�� qs-a j � Business License Master Inquiry LICENSE I.D. 40328 LICENSE NAME AVANTI PETROLEUM INC FIRST NAME STREET NUMBER 1351 STREET NAME F2ANDOLPH CITY ST. PAUL BILLING NAME STREET NUMBER 8148 STREET NAME PILLSBURY CITY MINNEAPOLIS MIDDLE INITIAL STATE MN ��TiY�lbl�i Date: Jan 6 BLD STREET DIRECTION STREET TYPE AV ZIP 55105 UNIT BLD STREET DIRECTION S STREET TYPE AV ZIP 55420 UNIT D.B.A. TOTAL MART #5679 COMBINE CODE LIC.EXP.DATE 03/31/95 TAX ID 1373026 SSN -- CEN.TK PHONE NUMBER 612-8814483 TERR O1 RICA DEALER NUMBER BADGE.NO FIRE 32 Mailing License to the Billing Address (Y/N) Y EFFECTIVE DATE 04/O1/94 Alt-Z FOR I3ELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Date: Jan 6 BUSINESS LICENSE MANAGER SCREEN License ID 40328 Name JAMES PHILLIP HILL Transfer from License ID 40328 Transfer to License ID Street Number 4403 Street Direction Unit Street Name HAMILTON Street Type DRIVE City EAGAN State MN Zip 55123 Phone 6830205 Notes 1:12858 Env Notes 2:10/11/94 - PROCESSED FOR COUNCIL WITH NO SITE PLAN 3: OR LEASE AGREEMENT / CAR 4:PH NOTICE SENT 10/11/94 SET 11/9/94 5:22 EMAIL, 49 MAILED 6:11/9/94 PH ON APPN FOR NEW CIG, GAS STA AND GROC-C 7:APP'D C.F. #94-1614 8: l: 2: 3: 4: A1t-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 9s-a 3 � - � -- - ----.--�- TOBPDCOCOMPIIANCECHECKFORM # 3�-� DATE: � � TIME: I t. 3 Z� TAX I. D. NUMBER: � NAME OF COMPLUWCE CHECI�R NAME OF OFFICER e l NAME AND ADDRESS OF tJCENSED VENDOR ��b� �� AN�p��Pt� WAS 1}1ETOBP�CO - SELF SERVE? ASSISTED4 M MACHQJE7 SALE1^�ASMADE: YES � N0: BRAND: / `�QQ.rLpDti� NAMEOFCLERK: C�nJ� COAT��,� SIX: M F: DESCRIPTION: CHECKABORTcD: YES ADDITIONAL CONMENTS: ,� �� , J �' CTI'Y OF SAINr PAUL Norm Coleman, Mayor OFFICE OF LICENSE, INSPECTIONS AND ENVII20NMENTALPROTEI'CION �C! h ]� Roben lCessler, Direcwr v' �� IICENSE A:.D Tekphone: 672-26G9I00 INSPEC770NS Facsimi(e:613-266-9124 350 St. Peur SYreet Suite 300 Saira Pau1, Mi'viesota 55102 January 9, 1995 Mr. James P. Hill NOTICE OF COMPLAIIVT ;�� 1995 y'` � �� F � �� Avanti Petroleum, Inc. dba Total Mart �5679 1351 Randolph Avenue Saint Paul, Minnesota 55105 Re: All licenses held by Avanti Petroleum, Inc. dba Total Mart for the premises at 1351 Randolph Avenue, Saint Paul Dear Mr. Hill: The Office of License, Inspections and Envirorunental Protection will recommend to the Saint Paul City Council that adverse action be taken against all the licenses you hold at the above-named premises. This recommendation is based on the following: On December 29, 1994, a clerk or other employee sold cigazettes to a minor under the age of 18 years in the licensed premises. Thls is an offense under Minn. Stat. �609.685 and Secfion 324.07 of the Saint Paul Legislative Code. This offense is the basis for an action against all your - llcenses under Section 310.06(b) of the Legislative Code. The recommendation of this ofHce is a$200 fine for the first offense as called for in the Saint Paul Legislative Code as cited above. If you do not dispute the above facts, send me a falc or letter to that effect within 5 days. The case will be set before the City Council in the near future and you will receive further notice to this regard. If you do dispute the facts stated above, you may request a hearing before an Administrative Law Judge (AW). The AI.7 will hold a trial-type hearing at which both you and the City will be able to appear and present witnesses, evidence and cross- exam;ne the other's witnesses. The Councll will decide the matter at a later public hearing after it receives the report of the ALJ. Please let me know within 5 days if you wish this alternate procedure and we will take the necessary steps to schedule it for you. Further guestions regazding this process may be directed to Phil Byme at 266-8710. Failure to respond will result in an automatic AI.J hearing, and you may be held responsible for the costs of such hearing. Very truly yours, «Q�"�� Robert Kessler Director C: Phil Byme, Assistant City Attomey JAN.-12' ��THU)- 14�3] AUANP(PETftDLEUM To�r�►��. Totai Petroieum, Inc. 9148 Pn.lSBUkY AVENLE SOUTA Autrnatic Fax No: 612-881-4457 �i�� 3 1995 �,r � �: �+�� , .d r, ��` r� E C, �`e�'m � E�� TEL:612 881 �457 P.QI 9s � 3 ��<�f�,�. MIHNEAPO�-13.MINI1ESp'�'A55620 TELEPNONEOl2891•a993 ��E��/E� Telecopy Transna55ion T0: �o3c�' �ss�rGrt_. PIiC� t�1�'BER: cZ l� (� � `d`7 � d FR�1: ''� 'w.. kk i � ..- �.MB� OF PAGES INCLLDIt�G TNIS SI�Ef � If you do not re�eive all pages af this txansmission, piease call (612) BS1-4483 as soan as possi�le. JAN, -12' 951THU) 14:31 AUANTIPETROLEUh9 TEL:b12 861 d457 9s' a3� �lvanti. January 11, 1995 Mr. Robert Ressler License and Inspections 350 St, Petei' Stteet Suite 30D 8aint Paul, Minnesota 55102 Dear Mr, gessler: Amnf Peudeym, Ine 87A8 Pllsyvy{wc,. Sn M14n.cnpdk MN $3d20 16 BB i -adB3 8u= (6 i Z� BB 1. e457 fw T have rec�ived the Notices of Complaint issued to the Tota1 Petrolaum S�ores located an East 7th Street, Ranrlolph Avenue, and White Bear Avernue pertaining to the adverse actions recommended against aur licenses at the aforementioned locations. I am embarrassed and disappv3nted that our employees failed to comply with the age restrictions that appiy to tobacco sal�s. There is no reasoh to dispute the facts as stated in the complaint, and am therefore waiving our right �a a hearing before an Administrative Law �7udge, I have attached a copy of a memo that was sent out ta all employees Zast weak. i can assure you that we take this matter seriously, and we are coramitted to doing wriatever it takes to solve the operational problem which has put us in this position, I have dirented my field supervisors ta put all employees involvefl in triese cpmplaints on nvtice that they will be expected to attend a training session on tobacco saies, and attend the City council Meetinq at which the penalties are assessed. Plea$e forward a aopy of the Gounail Meeting Notice to my attention at the Avanti Petrvleum offiae indicated abave. Sincerely, � �i- . �,p.,,�.� p- H111 Distriot Managar P, 02 aa: Ar�a Managers J.�:1'. -1?' 95�7'l;ll) 14:s1 AUAN'f]PETROLEI�hi TEL:612 881 �457 P. 03 9-�' a,� Avaati Petrolettta, Inc. I►�IJII i : _ ►fi ti�l TO: All Statioh Employees F$OM: Jim Hill nATE; �7anuary 5, 1995 SIIBJECT: Checking Identification When Selling Tobacco or Alcohol I am sure that by now you are awai�e that we have been singled qut by a number of regulatory agencies for being inconsistent in our practioe of checking idenLification wrien selZing tobacco and alcohol products to our young customers. I for one, am embarrassed and saddened by oux failure to abide by the laws which require us, as license holflers, to ensure that minors are not sold tak�aaco and alcohol products at our places of business. Holding a cigarette or beer license is simil.ar to holding a drivers license. Just as violations o� traffic rules result in fines and license suspensions, vialations of tobacco and beer retailing rqles result in �ines, license suspensions� and eventually license revocations, we could nat survive in taday�s r�tail environment without the sales and profits these categories generate. You may Have seen or heard about the report on youths and smoking that the State Attarney General released to the press on December 23rd. The repart states among other things that minors are ab2e to buy cigarettes 63� of the time in Minnesota. Convenienoe stores and gas stations sell more individual packs than other retail chann�Is, so S wauld conclude that we as an industry, are not doing a credible job in enforeing the 7.aws governing our licenses. The Attorney General will be asking the Stata Legislature to adopt stricter guidelines for controlling the sale of tobaeco products to minors. We individualZy an3 aellectively wiil be impactad by the actions that are taken, but it is in our best interests to revisit our training on tobaceo and alcahol,sales, and do trie job that is exgected of us ih our comnunities as we serve the generai public. Th� key to soiving this problem is obvious to me. If each and every manager, assistant manager, lead cashier and cashier commits J3'�. -13' 9�!'fHUI 79:31 ,�UAA'7'IPEiROL•EU�t TEL:612 881 ��97 P.D� qs'a� to checking identification properly, to rejecting questianable instri�ments of identification, and to refusing to aocept statements like '�I left it in the car" as leqitimate, we will be at�2e to conduct our business conEidant in the knowledge that we are doinq our part to curb the use of tobacca and a3aohol by Cliase that have not reached the iegal age. i criaZlenge you to make this commitment today. we will support your efforts with additianal training, new "We Check I.D. s kits and other tools and resources that c�ill help you do your job more effectively. Creating an atmosphere of aorttrol will discourage unflerage buyers fro� attempti,ng to purcHase tobacco and beer from us. Consistent, predictable, behavior by a2� emplayees will go a long way towards•reachinq "Zero Deviation" Prom the desired goal oE i00� compliance with the age restrictions. Thank you in advance Eor your datermined ef�orts in helping us overeome this seriaus ohallenge to the successfu2 operation of our business, GC: Jet� Kramer Area hlanagers