95-240Council File #
Green Sheet #
Presented By
Referred To
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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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:
�
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�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
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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:
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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
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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�
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,���(�
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:
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��� �0 1995
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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
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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
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