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95-240Council File # Green Sheet # Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION CITY OF SAINT PAUL, MINNESOTA n n _ ' ♦ s�f -.. qsa�a 3a�3S 3p Committee: Date RFSOLVED, that the Licensee, East Side Pharmacy, Inc. dba East Side Pharmacy (License ID No. ny3h) located at 824 White Beaz Avenue in Saint Paul is hereby ordered to pay a fine of $200 for the violation of the sale of tobacco or tobacco products to a minor. Said fine shall be paid to the Office of License, Inspections and Environmental Protection witlun 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 LILP inspection 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, By: ` Approve By: � 1 �� �� �L%li� L i�` Form Approved by City Attorney By: __1___' �. z - 3 5 Approved by Mayor for Submission to Council By: Adopted by Council: Date/___� � i9y� OFFICE OF LIEP Date: 2/16/95 on Council Agenda by: � � OF SIGNATURE PAGES 1 EQUESTED: ted adverse license action. NDATIONS: APPROVE (A) 0& RESECT (R) NTNG COMMISSION _ CIVIL $ERVICE COMMISION COMNITTEE _ F RICT COURT S WFIICR COUNCIL OBJECTIVE? OtIAL S6RVICE CA4ITRRCTS 14VST AliSHER T� FOLLOVPIdSG: Has the pezson/ficm evec vozked undar a contract foz this depactmentY YES NO eas thia persw(fizm ever been a City employee? YES NO noes tLis peraon/fixm possess a skill not aosmally possessed hy any Cutrent City employee? YES NO ain all YES aasrers on a sepasate sheet and attach. _--___... __..,�...._., _.,,,,,.,, „_,.,,,,.,NITY (Who, What, When, Where, Why) : of tobacco products to a minor: Side Pharmacy White Bear Avenue A A ITOTAL AMOUNT OF TRANSACTION � �FUNDING SOURCE FINANCIAL INFORMATION: (EXPLAIN) �����:�~-SH��T � N ��4_335� , �1 A 6V'��ro .,.�"'ij� COSTIREVENUE BUDGETED YES ACTIVITY NUMBER [�L�7 OFFICE OF LICENSE, INSPECPIONS AI3D ENVIRONMEN'I'AL PROTE(_'170N Rabcrs Srss4r, Diretmr �F-24i� CTTY OF SAINT PAUL Narm Coleman, Mayor 350 SY. Peur Srreet Tdephane: 672-26697I2 S�u 3Q7 Facsimik: 612-2669124 Sent Pau1, Miv�esota 55102 February 27, 1995 Ms. Ardeth Volk East Side Pharniacy Inc. 842 White Bear Avenue Saint Paul, MN 55106 Re: All licenses held by East Side Pharmacy Inc. for the premises at 842 White Bear Avenue, Saint Paul Deaz Ms. Volk: r d � � > .,.. Piease take notice that �ring concerning the above-named establishment has been scheduled for�9 p.m. on Wednesday, March 8t 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. Tfus is an uncontested hearing, in that the facts contained in the reports concerning the unlawful sale of cigazettes have been admitted. You will have an opportunity at the Council Hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the Office of License, Inspections and Envirorunental Proteciion will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Ve truly yours, ���� Philip B. yrne Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessier, LIEP Director NOTICE OF COUNCII. �1►RmTG Anima! and Pest Conno( 612-645-3953 Bui7ding Inspecrion and Design 612-266-9W9 Lnwju! Gambling Fnforcement d12-26b-91 ]4 Environmental AeaGh Services 612-26b9130 Food Inspec6on Services 672-266-9I30 Zoning Adminis�ranon 612-266-9008 qS �.�a Business License Master Inquiry LICENSE I.D. 17436 LICENSE NAME EAST SIDE PHARMACY INC FIRST NAME MIDDLE INITIAL STREET NUMBER 842 STREET NAME WHITE BEAR CITY ST. PAUL STATE MN BILLING NAME STREET 23UMBER STREET NAME CITY Date: Jan 6 BLD- STREET DIRECTION N STREET TYPE AV ZIP 55106 UNIT BLD STREET DIRECTION STREET TYPE STATE ZIP UNIT D.B.A. EAST SIDE PAARMACY COMBINE CODE LIC.EXP.DATE 03/31J95 TAX ID 1597622 SSN 000-�0-0000 CEN.TK 318 PHONE NUMBER 612-7356770 TERR 07 KRIS DEALER NUMBER BADGE.NQ FIRE 25 Mailing License to the Billing Address (Y/N) EFFECTIVE DATE Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° BUSINESS LICENSE MANAGER SCREEN License ID 17436 Name ARDIS VOLK Trans£er from License ID Transfer to License ID Street Number Street Direction Unit Street Name Street Type City State Zip Phone Notes 1:INSP CHANGE FROM O1 TO 02 ON 3f20/92 Env Notes 2: 3: 4: 5: 6: 7: 8: 1: 2: 3: 4: Date: Jan 6 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 9s-�-� TOBPCCO C�MPUANCE GHECK FORM #�� � DATE: I�( .2 � Tllv�: ��� y� TAX 1. D. NUMBER: ��3, NAMEOFCCiv1PfJA1dCECHECKER NAMEOF FFICEft _g �bF3'�PL NAMEANDADORESSOFUCENSEDVENDOR: _���'T �I�AE I WASTHETOBP�CO-SELFSERVE? ASSI5fED7 MACH6JE? SAIE WAS MAOE YES N0: BRpND: ['� Q� � Q� NAME Of CLERK: 'OAiV i �`) � SIX: M F: DESCRIPTION: CHECKABOFiTED: YES N0: ADDiTIONAL COtvMENTS: G°� j� �� � ,���(� CiTY OF SAINT PAUL Norm Coleman, Mayor OFFTCE OF LICENSE, INSPECTIONS AND ENVII20NMENTALPROTF.CI'ION qs a�b Robeil %ess7et, D±reClar ZICENSEAIJD 7elephone:67?-266-9I00 INSPEC170NS Facsimi[e:612-2669124 350 St. Perer SSreez Srdu 300 Saint Pnut, Minnesou 55102 January 9, 1995 Ms. Ardis Volk East Side Pharmacy Inc. 842 W}ute Bear Avenue Saint Paul, Minnesota 55106 NOTICE OF COMPLAINT Re: All licenses held by East Side Phazmacy Inc. for the premises at 842 Wlute Bear Avenue, Saint Paul Dear Ms. Volk: � g '@ B a� E �� ��� ��� �0 1995 : --,, �, � .. _ y � � � ' '" � F �F��'��� The Office of License, Inspections and Environmental Protection wIll recommend to the Saint Paul City Council that adverse action 6e taken against all the licenses you hold ak the above-named premises. This recommendat9on is based on the following: On December 28, 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 I,egislative Code. This offense is the basis for an action against all your licenses under Section 310.06(b) of the Legislative Code. The recommendat3on of this office is a$200 fine for the first offense as called for in the Saint Paul Legislative Code as cited ahove. If you do not dispute the above facts, send me a falc or ]etter 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 Adzninistrative Iaw Judge {�, 'I'he r�LJ v, iIl hold a trial-type hearing at which both you and the City wil] be able to appear and present witnesses, evidence and cross- examine the other's witnesses. The Councff 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 wlsh this altemate procedure and we will take the necessary steps to schedule it for you. Further questions regazding this process may be directed to Phil Byrne at 266-8710. Failure to respond wtll result in an automatic AI.J hearing, and you may be held respons9ble for the costs of such hearing. Very truly yours, ������� Robert Kessler Director C: Phil Byrne, Assistant City Attomey 01-13-1995 @8:26AM FROM ABLIED RERLTY TO 2669124 P.01'� �t�s� J(f PAST SIDF PHARMACY 842 WHITE BFqR AVEfVlIE ST. PAUL, MN 55706 (612) 735�8770 i � 1 � ' � ��� �" � To: Ro}�ert Res51eY. Disector, Of�iCe of Licenses, St. Fauli MN Frcan: Ardeth L. Up1k 1]ate: ,7anuary 13, I995 Re: Notice of Ccxnplaint dated Januaiy 9, I495 We ax� in receipt of the above-rear�d notice, y,r� � not di�y� � facts in the Gm��laint, even though the cus��r Iooked old enough to purcha5e cigaretCes and was wearing a col2ege sw�ater at the ti[tte of purchase. AdditipnaiSy, we were never i,xxformed o£ her actual aye by tha c�piaintant, so cve really c't�' � 7��,, � old she is. Our palicy at th� store on the sale of tobacco products h2s been stxingent, and we are careful not to seil these products to under- aged children, not only for iegal reaSOns bllt for health YeasoriS as [�11. Our ef£orts in the iuture will be ¢vp.n more stra.nc,�e�t, so that we wiil not be ^ eatrapped" again. '�-�._.���.� Az'Se't1'i L. Valk ����� ��� e5r'iaFf .y.� �9.�Jt' ����� �������� rora� P.as