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95-35�} � j (� � n + f, � Council File # � � �..,7 U i v Iv H 30696 Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA 3o`Z Presented By Referred To ' Committee: Date 1 2 RESOLVED, that the Licensee, Food-N-Fuel, Inc. (License ID No. 17099) 3 located at 2233 Energy Park Drive in Saint Paul is hereby ordered to pay a fine of $200 4 for the violation of the sale of tobacco or tobacco products to a minor. 5 6 Said fine shall be paid to the Office of License, Inspections and Environmental 7 Protection within thirry (30) days of the adoption of this resolution by the Council and 8 signature by the Mayor. 9 10 Tlris resolution and the action of the Council in this matter are based upon the ll facts contained in the letter notice of the violation to the licensee, the LIEP inspection 12 report, and such arguments as may haue been presented to the Council at the public 13 hearing. The facts were not contested by the licensee. Requested by Department of: By: B � � Approved by s Date _ t • ` � - � � Form Approved by City Attorney . , B �j. ,,,,� /2-/�l_g� App� by Mayor for Submission to Council B Adopted by Council: Date Adoption Certified by Counc" Secretary qs-3s �EPARTMEITIEPCE/COUNCIL DA � 12/8/94 GREEN SHEE N_ 3 0 6 9 6 INITAL/DATE INRIAWATE CANTACT PERSON & PHONE DEPARTMEM DIRECTOfl rl CRY COUNpI Robert Kessler 266-9112 ��N �arrnnoaNer Ocmc�RK NUYBER FOR � BUDCaEf �IRECTOfl � FIN. 6 MGT. SERVICES DIR. MU5T BE ON CAUNqL AGENDA BY (DATE) / pOUi1NG AS� J t` ) i n�{., OPDER O MpYOF (Ofl ASSISTANn ❑ � 7 ✓ TOTAL # OF SICaNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Uacontested adverse license action. RECAMMENDAnONS: Approve (A) m Raject (R) PEqSONAL SERVICE CONTRACTS MUST ANSWEFi THE FOLLOWING QUESTIONS: _ PLqNNING CAMMISSION _ CIVI� SERVICE COMMISSION 1. Has this personfirm ever workeC under a contracl For this Oepartment? - _ CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _ STAFF — YES NO _ DISTRICT CAURT _ 3. DOe51hIS Br50n/fi�m p possess a skill not normally possessetl by any curreni city employee? SUPPORTS WHICH COVNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attaeh to green aheet INITIATING PROBLEM, ISSUE, OPPoRTUNIN (Who, What, When, Where, Why): / Sale of cigarettes to a minor: Food-N-Fuel 2233 Energy Park Drive ADVANTAGES IFAPPROVED: *dJ � � 63� . � �19�8 N�C � t3 ��°F ..� DISADVANTAGES IFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETEU (CIRCLE ONE) YES NO FUNDIHG SOURCE NC7IVITV NUMBER FINANCIAL INFOqMATION: (EXPLAIN) SAINT tAUL � A�AA CI'TY OF SAINT PAUL Nrnm Coteman, Ma}+o> December 19, 1994 OFFICE OF THE CIT'1' ATTORA�EY Timo77� E. Mwx, Ciry Aaorne�� _�� Civi1 Division 400 Ciry Hall TeZephone: 6I2 266-87i0 IS Faurin+ile61Z?955619 Saint Paul Mtnnewrn 55102 NOTZCE OF COIINCIL HEARING Edward J. Bird Executive Vice President 4366 Round Lake Road West Arden Hills, Minnesota 55112-3923 Re: Licenses held by Food-N-Fuel, Inc. Dear Mr. Bird: 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$20o fine. If you have any questions, please call me at 266-8710. Very truly yours, B. Phili B. B e . � �� ; Assistant City Attorney cc:�iancy Anderson Assistant Council Secretary Robert Kessler Director, LIEP 9 5 -35 UNCONTESTED LICENSE HEARING Licensee Name: Food-N-Fuel, Inc. Address: 2Z33 Energy Park Drive Couucil Hearisig Dates Jauuary ii, i994 wolation: Sale o� cigarettes to a minor, § 324•0� Saittt Paul Legislative Code Date: October 26, iq94 Place: Licensed Premises Matrix Presumptive Penaity: N/A Recommendation client, Of�ce of Protection: of Assistant City Attorney on behal£ of License, Inspections and Environmental SZOO £"ine (£irst offense) f i � � Attachments: 1. Z. 3. 4• S . 6 . Proposed resolution Licease isiformation LIEP inspect�ion report Letter of LIEP to licensee (notice of violation) Letter of licensee (admissioa of facts) Notice of Hearing letter to licensee °I S - 35 Date: Oct 27 BUSINESS LICENSE MA.T�TAGER SCREEN License ID 17099 Name EDWARD J BIRD Transfer from I,icense ID 17099 Transfer to License ID Street Number 11853 Street Direction W Unit Street Nane DOGWOOD Street Type ST City COON RAPIDS State MN Zip 55433 Phone 6337863 Notes 1:INSPECTOR CHANGE FROM $ARB TO MIKE - 1/6/92 2: 12536 3:031992 PH ON APPN FOR NEW CIGARETTE, OFF SALE MALT 4:, A(3 GROCERY-B, GAS STATION 3 PUMPS & 1 ADD�L PUM 5:P LICENSE P_PP'D C.F. 92-355 6:10/26/94 EMPLOYEE MARK WASSINK SOLD CIG. TO A MIN 7:OR, LETTER BEING SENT OUT TODAY 10/27� 1994 8: Env Notes 1: 2: 3: 4: Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT QFF ° Business License Master Inquiry LICENSE I.D. 17099 LICENSE NAME FOOD-N-FUEL INC FIRST NAME MIDDLE INITIAL STREET NUMBER 2233 STREET NAME ENERGY PARK CITY ST. PAi3L STATE MN Date: Oct 27 BLD STREET DIRECTION STREET TYPE DR ZIP 55114 L3NIT BILLING NAME BLD STREET NUMBER 4366 STREET DIRECTION W STREET NAME ROUND LAKE STREET TYPE RO CITY ARDEN HILLS STATE MN ZIP 55112 UNIT D.B.A. FOOD-N-FUEL C-32 COMBINE CODE LIC.EXP.DATE 03/31/95 TAX ID 5341392 SSN -- CEN.TK PHONE NUMBER 612-6337863 TERR 07 KRIS DEALER NUMBER BADGE.NO FIRE 32 Mailing License to the Billing Address (Y/N) Y EFFECTIVE DATE 11J22/91 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Business License Master Inquiry LICENSE I.D. 71386 LICENSE NAME C& T ENTERPRTSES INC Date: Oct 27 FIRST NAME MZDDLE INITIAL BLD qs-35 Office of License, inspections and Environmentai Proteciion Memorandum October 28, 1994 To: Robert Kessler, D'uector of LIEP Fr: Ted Koeppl, Environmental Health Aide Re: Ci;arette sale to minor compliance check summary On October 19 and 26, 1994 between the hours of 2:30 p.m. and 5:05 p.m., and on October 22, 1944 betu>een the hours of 10:00 a.m. and 1:30 p.m., I accompanied Elo Alston, age sixteen, to fifty-five licensed cigarette retail establishments for tbe purpose of determin;ng �' such licensees would sell cigarettes to a minor in violarion of Section 324.07 of tbe Saint Paul Legislative Code and in violation of Minn. Stat. § 609.685. Mr. Alston's pbysical description is as follows: African l�merican, 5'11", shaved black hair (curly), weight 180 pounds, thin moustache. On tbe date(s) and time period(s) of the compliance cbecks, ?vir. Alston wore a black leather jacket and biue jeans. Mr. Alston wore a high school class ring on his right ring finger (Class of 1995). It was determined tbat, during tbe dates specified, fifry-five licensed rigarette retail establishmenu would be investigated. A list of routes has been pre-established in order to determine which establishments will be checked and in which order. The order of the routs has been set up as ciose to randomly as possibie 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 cigazettes. At no time did the minor produce false identification showing an incorrect age. At no time did said minor possess a faise identification card or license. After the minor retumed to the car and informed me of such sale and of which empioyee sold such tobacco products (identification was made by name tag, physical description, and by pariiculaz counter), I entered the establishment and identified myself by show�ing my badge. I e�p]ained that the sale of cigarettes to a mi:�or.��as made and that this act constituted a gross misdemeanor pu.�chable of up to 5500.00, and could result in adverse action against :?�e license or licenses held. I then asl:ed for their name and reco:ded it on a copy of the compliance check slips used as a record of establishmenu checked and as e��dence against those who are found not to comply. I recorded any other relevant commenu or information. If the employee or manager of the establishment voiced any kind of objection, I responded in clear terms that due process would be afforded to them. Receipts were retained when possible and the cigarette tax numbez was recorded on the information slip corresponding witl� the establishment in question. T}�e receipts and cigarettes are given to you in conjunction with this report. Of the fifty-five establishmenu investigated, three cigarette retailers did sell cigarettes to said minor. T'he following is a list of such licensees, the time of sale and the name of tbe employee wbo conducted the sale in the order they were checked: ;� �� Licensee Holiday 1456 7th St. W. Lic ID- 18144 Como-Raymond Standard 2102 Como Ave. Lic ID- 71386 Food-N'-Fuel 2233 Energy Park Dr. Lic ID- 17099 Time/Date of Sale 3:17 p.m./ 10/19/94 3:10 p.m./ 10/26/94 3:30 p.m./ 10/26/94 � 5-35 Name of Employee Stewart Bauer Ron Carlson Mark Wassink PIease note that the documents completed in the field conesponding to these establishments have been bagged with the cigarettes as evidence. cc: City Attome}�s Of�ce 2 E1'\'I"i.0\T:E'.'TAL PF07'cCt']O\ Rnbca P.�sskr, D:naor C`ITY OF SAL'�� I' P.�L'I. A'orm Colemcn, Kc?or ?�wember 2, 1994 Mr. Edward 3. Bird Food-N-Fuel Inc. 2233 Energy Park Dr.� Saint Paul, MN SSl lz LCE.�.SE Al�D IASPc'�O.�S 350 ffi. Pcur S:rcet swx so� ScintPcuf,N.i�esom SSIG2 NOTICE OR' COMPLAI?QT Re: All licenses held by Food-N-Fue] Inc. for the premises at 2233 Ener� Park Drive, Saint Paul Dear Mr. Bird: `�`° t��(��`r >� . .� C 7 1994 �: ;a�� E'�` The Office of License, Ir.spections 2nd Em Protectlon will recommend to the Saint Paul City Cour.cil that adverse action be taken against all the licenses you hold at the above-named prer..ises. This recommendation is based on ihe follou�ing: On October 26, 1994, a clerk or other employee sold cigarettes to a minor under the age of 18 }•ears in the licensed premises. This is an offense under Minn. Stat. �609.635 and Section 324.07 of the Saint Paul Legislative Code. 'T7zis 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 offense as c211ed for in the Saint Paullxgislati�'e Code as cited above. If you do not dispute the abore facts, send me a fax or letter to that effect u�ithin 5 days. The case will be set before the City Council in the neaz fi:ture assd you Fiil recei��e further notice to this regard. If you do dispute the facts stated above, you may request a hearing before an Administrative Law Judge (ALJ). T};e ALJ will ho]d a trial-type hearing at wh3ch both you and the City wtill be able to appear and present witnesses, evidence and cross- e�camine ihe other s u The Council will decide the matter at a later public hearing after it receiti•es the report of the AI.J. Please let me know w�thin 5 days if you w�sh thls alternate procedure and u-e will take the necessary steps to schedule it for you. Further questicns regarding this process may be directed to Phil Byrne at 266-8710. Failure to respond w�ill resu]t in an automatic ALJ heazing, and you may be he]d responsible for the costs of such heazing. Very truly yours. �� ` t . "�G % ( , � � �' � ` � � 2 � Robert Kessler Director q5-35 Tckphor.c: 61?-?66570.9 Fccsirr `k: 612-26691?4 C: �P�ii'By,,me; 4Assistant City AtYomey q5-35 **+ON3++� Fooa-N-�u��. ` CORPORATE OFFIC 4388 Round Lake Road West, Ardan HIIi , MN 55� 12-3923 TEIEPHONE: (8t2) 633•7883 EAX: i612) 833-00'15 DATE: TO: November 11, 1994 Mr. ROBERT KBSSLER (FAX 266-9124) Ea B��a FROM' "NOTICS OP COMPLAINT" Ltua Dakd 11-02- �� l TH13 SHEET :; i' Mr. Kessler. I I received the above referenced Ietter today, i 1-11-94. t was sent to thc storc , dciress and zeached the Cocgonte Office today. Your notice is the first I've heard of the matter. I do no dispute the ctaims at t'dme. Our company spends a great deal of time and money to rain out people to veri age before selling cigarettes. I plan to take appmpriate actio co discipline the empi yee iavolved. Sincetely, � �� 0 i Edward J. Bird ` `I Executive Vice Presideni { & Ganeral Manager � Food-N-Fuol, Inc. �� ; j � �� + T'd OStSS i66T'ii'Lt '�NI �3I1�-N-a�O� WOY� i FO��-fUEI I OPOCEW6 ,� �.�„� �c �• .r.+� 4' I '^' BRUCE ILLIES Store Supervixot November 1�, 1994 FOOD-N-FUEL, 1NC. �366 Round Lake Road West Arden Hills, Minnesota »112-3923 (612) 633-7863 FAX (612) 633-001 � Mr. Roben Kessler, Director OFFICE OF LICENSE AND INSPECTIOI��S 3�0 St. Pecer Se, Suice 300 St. Paul, MN »102 Dear Mr. Kessler: Nrig}co�hood Ccnver.ienc< Storo I cannot dispute che fact chac an employee sold ci�arettes to a minor. I can tell you chat �ve do crain all employees ro check for idendficarion on pnrthasezs of tobacco produas, and �ue haee employees sign a"Sellin� Ciearettes/Tobacco Produar -- Be Resposible" fonn as part of our Employee Handbook. We ako have many signs posced at our re5 steis and front doors acknowled� ng the fact that we do not sell tobacco producu to pesons under 18. Furthermore, I can also assure you that ive, Food-N-Fuel, do not condone the selling of tobacco produccs co a minor. We take strict measures co include either suspension or terminarion of any pe�on respsosible £ot this action. Please see, the attached sheeu from our Employee Handbook. Very Truly Youa, '�r. C ��(-�--�- ✓� � �f Bruce Illies Food-N-Fuel, Inc. Corponte Office -3s <cEJB:djm CITY OF SAINT PAtiL Tor.n Calenian, Mayor December 19, 1994 OFFICE OF THE CIT7' ATTORIEY TvrsoJm E. Marx, Cin• Ano�.n' °�,�� 35 Cn�i7 D'n�isian 40.7 Cir�� Ha7l Tclepnanc: 6I? 266-6770 IS Wec Ke7Sogg BNd Facsisr.ile: 6I? ?9S56I9 Saiiu Paul, Minnesora 5510? NOTICE OF COIINCIL HEARING Edward J. Bird Executive Vice President 4366 Round Lake Road West Arden Hills, Minnesota 55112-3923 Re: Licenses held by Food-N-Fuel, Inc. Dear Mr. Bird: Please take notice that a hearing concerning the above-named establishment has heen 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 £ine. If you have any questions, please call me at 266-8710. Very truly yours, .8 Phili B. By e Assistant City Attorney cc: Nancy Anderson Assistant Council Secretary Robert Kessler Director, LIEP