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95-33ORIGI�ipL Council File # ` 5 ' 3� Green Sheet # 30698 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 30 i 2 RESOLVED, that the Licensee, Jamal M. Umar dba AM PM Mini Market 3 (License ID No. 46079) located at 1377 Arcade Sueet in Saint Paul is hereby ordered to 4 pay a fine af $200 for We violation of the sale of tobacca or tobacco praducts to a minor. 5 6 Said fine shal be paid to the Office of License, Inspections and Environmental 7 Protection within thrrty (30} days of the adopuon of this resolution by the Council and 8 signature by the Mayor. 9 10 This resolution and the action of the CounciI in this matter are based upon the 11 facts contained in the letter notice of the violadon to the licensee, the L1EP inspecflon 12 report, and such azguments as may have been presented to the Councii at the public 13 hearing. The facts were not contested by the licensee. Requested by Department of: Adopted by Council: Date °` � � Adoption Certified by Counc 1 Secretary By Apps B s Form Approved by City Attorney By: L'6^�w!✓ � •(l/�7 r2t.� �� -/ by Mayor for Submission to a5- 33 DEPAflTMENT/OFFICE/COUNCIL DATEINRIATE� GREEN SHEE �O 30�698 LIEP 12 8 94 INITIAVDATE WRIAVDATE COMTACT FERSON & PHONE � DEPARTMENT DIFECTOfl � CRY CAUNCIL Robert Ressler 266-9112 ^u��" �CITYATfOtiNEY OCITYCLERK NUMBER FON MUST BE ON COUNCIL AGENDA BV (DAT� ROUTING O BUDGET �IRECTOR � FIN. & MGT. SERVICES Dlfl. � �� '/ /995 ORDER � MAVOR (Ofl A$$ISTANn O TOTAL # OF SIGNATURE PAGES 1 jCLIP ALL LOCATIONS FOR SIGNA7UR� ACfION REQUESTED: Uncontested adverse license action. RECOMMENDA7tONS: Approve (A) or Peject (R) PEPSONAL SERVICE CONTHACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLqNNING COMMISSION _ CIVIL SEflVICE COMMISSION �� H2S Sh15 p2f50Mlfin eVef wOfked Undef 2 COntreCt fof ihi5 depertmBM? � _ C�B CoMMIi7EE _ YES NO _ STqFF 2. Has Mis persoMirm ever been a city employee? — YES NO _ DISTRICT COUPT — 3. Does this pereoMirm pouess a skill not nortnally possessed by any current ciry employe0? SUPPORTSWHICHCOUNCILOBJECT�VE? YES NO Explain all yas answers on separote sheet antl anaeh to green sheet INITIATING PROBIEM, ISSUE.OPPORTUNITY (Who, What. When, NTere, Why): Sale of cigarettes to a minor: AM/PM Mini Market 1377 Arcade Street � ADVANTAGES IF APPROVED: �� C� 1994 . � s ' �` DISADVANTAGESIFAPPROVED � � �'Dl:is� ��:��G�1 �RT DEC 2 p 1994 a.�_�.�w, �,�, - .� DISADVANTAGES IF NOTAPPROVED: TOTAL AMOUNT Of TRANSACTION $ COSTlREVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION� (EXPLAIN) � OFFICE OF THE CITY ATTORNEY Timothy E. Mar.S Ciry Anomey �5-33 CTTY OF SAINT PAUL Norm Cokman, Maynr Crvil Divisinn 400 Ciry Hal! IS West Kellogg Bh+d Sai�u Paul, Minnesrna SSIO2 Telephone 6I2 2665710 Facsimile: 6I2 298-5619 December 19, 1994 NOTICE OF COIINCIL HEARING Mr. Jamal M. Umar AM PM Mini Market 1377 Arcade Street Saint Paul, Minnesota 55106 Re: Licenses held by the AM PM Mini Market Dear Mr. Umar: Please take notice that a hearing concerning the above-named establishment has been scheduled for 3:30 p.m., January il, 1994, in the City Council Chambers, Third 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 the reports concerning the unlawful sale of cigarettes 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 license office will be for a$200 fine. If you have any questions, please call me at 266-8710. Ve�ry truly yours, 1�� /� � � - / �v Philip B. Byr Assistant City Attorney cc:�ancy Anderson Assistant Council Secretary Robert Kessler Director, LIEP 95-33 UNCONTESTED LICENSE HEARING Licensee Name: AM PM Mini Market Address: i377 Arcade Street Council Iiearing Date: January ii, i994 Yiolation: Sale of cigarettes to a minor, § 3?.4•07 Saint Paul Legislative Code Date: November 2, i994 Place: Licensed Premises Matrix Presumptive Penaity: N/A Recommendation client, O££ice of Protection: o£ Assistant City Attorney on behal£ o£ License, Inspections and Environraetttal 5200 fine (first offense) Attachmeats: i . 2. 3. 4• S • 6. Proposed resolution Licease informatton LIEP inspection report Letter of LIEP to licensee (not�ice of violatioa) Letter of ltcensee (admisston of facts) Not�ce of Hearing letter to licensee _, 95-33 Date: Nov 7 Business License Master Inquiry LICENSE I.D. 46079 LICENSE NAME OMAR FIRST NAME JAMAL MIDDLE INI^1IAL STREET NUMBER 1377 STREET NAME ARCADE CITY ST. PAUL STATE MN BILLING NAME STREET NUMBER STREET NAME CITY STATE D.B.A. AM/PM MINI MARKET COMBINE CODE TAX ID 1009199 SSN - - PHONE NUMBER 612-7747999 DEALER NUMBER BADGE.NO Mailing License to the Billing Address (Y/N) BLD STREET DIRECTION STREET TYPE ST ZIP 55106 UNIT BLD STREET DIRECTION STREET TYPE ZIP UNIT LIC.EXP.DATE 03/31/95 CEN.TK TERR 07 KRZS FIRE EFFECTIVE DATE 12/21/93 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° `f5-33 e � � Office of License, inspections and Environmental Protection Memorandum November 1�, 1994 To: Robert Kessler, D'uector of LIEP Fr: Ted Koeppl, Administrative Intem Re: Cigarette sale to minor compliance check summary On November 2 and 9, 1994 between the bours of 2:30 p.m. and 5:10 p.m., and on November 5, 1994 between tbe hours of 10:00 a.m. and 12:00 p.m., I accompanied Elo Alston, age siYteen, to forty- one licensed cigarette retail establichments for the purpose of determ;ning if such licensees would sell cigarettes to a minor in violation of Section 324.07 of tbe Saint Paul Legislative Code and in violation of Minn. Stat. § b09.685. Mr. Alston's physical description is as follows: African American, 5'il", sbaved black hair (curly), weight 180 pounds, thin moustacbe. On the date(s) and time period(s) of the compliance checks, Mr. Alston wore a black leatber jacket and blue jeans. Mr. Alston wore a high schooi class ring on his right ring finger (Class of 1995). It was determined that, during the dates specified, forty-one licensed cigarette retail establishmenu would be investigated. A list of routes has been pre-establisbed in order to determine 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 theu acceptance of the ASSIST Grant for 55,000 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 establishmenu 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 descriprion, and by particular counter), I entered the establishment and identified myself bv s`:oW�ino my badge. I eaplained that the sale of cigarettes to a r.ur.or .;�as made and that this act constituted a gross misdemeanor pu.��hable of up to S�00.00, and could result in adverse action a�ainct �c,e licence or licences held. I then asked for their name and recorced it on a co�y of the compliance check slips used as a record of e�:abiishmens checked and a� evidence against those who are found not to comply. I recorded any other relevant comments or information. If the employee or manager of the establishment voiced �y }dnd of objection, I responded in clear terms that due process v.•osid be afforded to them. Receipu were retained when possible and the ci�arere tax number was recorded on the information slip corresponding ��th tbe establishment in question_ The receipts and ci�arettes are given to you in conjunction w�ith this report. Of the forty-one establishnents investieated, three cigarette retailers did sell cigarettes to said minor. 'Ihe following is a list of such licensees, the time of sale and the name of the employee who conducted the sale in tbe order tbey ��ere checked: Licensee AM / PM Mini Mart 1377 Arcade Street Lic ID— 46079 Knowlan's 900 Maryland Ave. E. Lic ID— 15749 Mini Pac 1184 Maryland Ave. E. Lic ID— 54189 TimefDate of Sale 2:52 p.m./ 11/2/94 3:10 p.m./ 11/2/94 3:33 p.m./ 11/2/94 �5-33 Name of Emplovee Nizar Obied Ann Kimlinger Please note that the documenu completed in the field conesponding to these establishments have been bagged with tbe cigarettes as evidence. ce: City Attorne�s Office 2 crrY oF sa�rr Pauz Norm Coleman, Mayor OFFICE OF llCENSE, L':SPECiIONS A.\D E\'\'II20:.T4E�TALPROTECTION �� Rabcrt%sskr, DirecWr IICE.'.SE.S.�D Zekphor.e:612-?6691P� TA'SPEL770NS Facs'mik:6l=?66-9124 _�� 350 Sz Peur Sb'eet 'F � . � ; �� " i�. Suiu 300 - - ° t-= Sc:nt Paul, Miruusom SS102 ATOVember 7, 1994 NOTICE OF COMPLAINT Mr. Jamal Omar AM/PM Mini Market 1377 Arcade Street Saint Paul, Minnesota 55106 Re: All licenses held by AM/PM 31ini Market for the premises at 1377 Arcade Street, Saint Paul Deaz Mr. Omaz: �;`�' �' � 004 .. _ 1� J .,.. � Fe.:iiEF`'`" The Office of License, Inspections and Environmental Protection will recommend to the Saint Paul City Council th2t adverse action be taken against all the licenses you hold at the above-named premises. This recommendation 1s based on the following: On November 2, 1994, a derk 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.egis7ative Code. This offense is the basis for an action against all your licenses under Section 310.06(bJ of the Legislative Code. The recommendaGon of this office is a�y200 fine for the first offense as called for in the Saint Paui Legislative Code as cited above. If you do not dispute the above facts, send me a fax 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 Adm3nistrative Law Judge (ALJ). The AL.T will hold a trial-type hearing at which both you and the City will be able to appear and present witnesses, evidence and cross- examine the others witnesses. The Council will decide the matter at a]ater public hearing after it receives the report of the AW. Please ]et 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 process may be directed to Phil Byrne at 26fi-8710. Failure to respond will result in an automatic ALJ hearing, and you may be held responsible for the costs of such hearing. - . i , : t��/ . /- .: � Robert Kessler Director C: Phil Byme, Assistant City Attomey �s_�3 AM PM MINI MARKET 1377 Arcade Street. St. Paul, MN 55106 November 11th.,1994. TO WnOM IT MAY CONC�RN; Dear N,r. Kessler: we understand that on nov, 2nd. 1994 one of our employees admitted that mistakenly sold a pack of chewinq tabacco�'a minor who looked older than his age. We are also aware that this is a nation wide problem. This new employee is on a month trainee. Even we talk to him about our stor� policy to check TD on any tzbacco customer that looks under the age of 25. We regret this recent mistake by our employee and we are doing our hest to review and enforce our store policy -- regardinq this matter. we wouYd appreciate any help or ideas to do a better job in enforcing the law. x a. �:-----'- OFFICE OF THE CIT1' ATTOR\E1' T�mo:1n' E. Maa� Grv Anom�� 9s-33 CTTY OF SAI:�'T PAUL Cni7D'n•ision .�'onr. Co7eman, Mm�or aD0 Ci+}• Na!! Tdeplwne.� 612 ?65Ei10 IS Wcst RcUo� Bh�d Facsimilc: 6I? >9€56I9 Sainr Paul, Minneso�4 SSIO? December 19, 1994 NOTICS OF COUNCIL HEARING Mr. Jamal M. Umar AM PM Mini Market 1377 Arcade Street Saint Paul, Minnesota 55106 Re: Licenses held by the AM PM Mini Market Dear Mr. Umar: Please take notice that a hearing concerning the above-named establishment has been scheduled for 3:30 p.m., January 11, 1994, in the City Council Chambers, Third 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 the reports concerning the unlawful sale of cigarettes 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 license office will be for a$200 fine. If you have any questions, please call me at 266-8710. Very truly yours, ��. �. Philip B. Byr Assistant City Attorney cc: Nancy Anderson Assistant Council Secretary Robert Kessler Director, LIEP