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95-37� 0 R I G I NA L Council File # 9 5_3�1 Green Sheet # 30694 RESOLUTION CITY OF S¢4N1 PAUL, MINNESOTA 3� �w . ��'� ' Presented By Referred To Coffiittee: Date 1 2 RESOLVED, that the Licensee, Knowlan's Super Mazkets, Inc. dba Knowlan's 3 (License ID No. 15749) located at 900 Maryland Avenue East in Saint Paul is hereby 4 ordered to pay a fine of $200 for the violation of the sale of tobacco or tobacco products 5 to a minor. 6 7 Said fine shall be paid to the OfCice of License, Inspections and Environmental 8 Protection within thirty (30) days of the adoption of this resolution by the Council and 9 signature by the Mayor. 10 11 This resolution and the action of the Council in this matter are based upon the 12 facts contained in the letter notice of the violation to the licensee, the LIEP inspection 13 report, and such arguments as may have been presented to the Council at the public 14 hearing. The facts were not contested by the licensee. Requested by Department of: Adopted by Council: Date � Adoption Certified by Counc' SecreCary B Approved by �fay��„ Date J By: Form Approved by City Attorney s � . l�. /9 -�TG � Approved by Mayor for Submission to Council � �' 7 , " . a5-3�1 DEPARTMENT/LIEPOUNCIL o 12/8/94 GREEN SHEE N° 30694 � CqNTACT PERSON & PHONE INrt1AVDATE INITIAUDATE �DEPARTMENTDIRE �CRVCOVNCIL Robert Bessler 266-9112 nssi�x �cmarroANer �GT'QEPK NUYBER FOR MUST BE ON COUNCIL AGENDA BV (DATE) q��NG � BUDGET DIRECTOR � FIN. 8 MGT. SERVICES DIR. �.Tiq�h � t, 199� ORDER � MAVOR (OR ASSISTANT� � TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACfiON RE�UESTED: Uncontested adverse license action. RECOMMENDATlOrvS: Approve (A) m Rejeet (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TME FOILOWING OUESTIONS: _ PLANNING COMMISSION _ CM� SERVICE WMMISSION S� H� thiS p0I50Nfifiit eVBt WOiked untlBf d COMreCt foI ihi5 dBp3rtmEM? - _ CIB COMMfiTEE VES NO _ STAFF 2. Has this personKrm ever been a city employee? . — YES NO _ DISTRICT CpURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTNE? YES NO Explain all yes answers on separate sheet anA attaeh to green aheet INITIATING PROBLEM, ISSUE, OPPEJRTUNIN (Who, What, When, Where, Why): Sale of cigarettes to a minor: Knowlan's 900 Maryland Avenue E. ADVANTAGESIFAPPROVED 3 S .u',y^ (�e DEC 2 � 1994 - �_ � ,� DISAOVANTAGES IFAPPROVED: ' DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ON� YES NO FUNDIfdG SOURCE AC7IVITY NUMBER FINANCIAL INFORMATION: (E%PLAIN) OFFICE OF THE CJTY ATTORNEY Timothy E. Malx, Cirv Anorney Q C��('7 - J.7 J CTI'Y OF SAINT PAUL Norm Coleman, Mayor Ciril Di✓isian 400 Ciry HaU IS Weu Kellogg Blvd Saint Pau1, Mrnnesota 55102 Telephone: 612166S7I0 Facsfmde: 6I2 29&5619 December 19, 1994 NOTICE OF COIINCIL HEARING Ms. Marie Aarthun Knowlan's Super Market 111 East County Road F Vadnais Heights, Minnesota 55127 Re: I.�icenses held by Knowlan's Super Markets, Inc. for the premises located at 900 Maryland Avenue East Dear Ms. Aarthun: 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, - . �� Phili B. By Assistant City Attorney cc:�/Nancy Anderson Assistant Council Secretary Robert Kessler Director, LIEP qs-3� UNCONTESTED LICENSE HEARING Licensee Naiae: Knowlan's Super Markets, Inc. Address: 90o Maryland Avenue East Council Hearing Date: Jasivary Ii, 1994 wolation: Sale of cigarettes to a minor, § 324.0� Saint Paul Legislative Code Date: November Z, i994 Place: Licensed Premises Matrix Presumptive Penalty: N/A Recoramendation cliettt, Office o£ Protection: of Assistant City Attorney ott behalf of License, Inspections and Environmental $ZO0 fine (first o£fense) Attaehraents: i. � 3 . 4• � 6. Praposed resolution License in£ormation LIEP inspection report Letter o� LIEP to Uceusee (notice of violation) Letter of licensee (admission of facts) Notice of Hearing letter to licensee qs-3� Date: Nov 7 Business License Master Inquiry LICENSE I.D. 15749 LICENSE NAME KNOWLAN'S SUPER MARKETS INC FIRST NAME MIDDLE INITIAL STREET NTJI�ER 900 STREET NAME MARYLAND CITY ST. PAUL STATE MN BLD STREET DIRECTION E STREET TYPE AV ZIP 55106 UNIT BILI�ING NAME BI.,D STREET NUMBER 111 STREET DIRECTION E STREET NAME CO RD F STREET TYPE CITY VADNAIS FiEIGHTS STATE MN ZIP 55127 UNIT D.B.A. KNOWLAN'S COMBINE CODE LIC.EXP.DATE 03/31/95 TAX ID 9561075 SSN 477-48-2679 CEN.TK 311 PHONE NUMBER -7713224 TERR 07 KRIS DEALER NUMBER BADGE.NO FIRE 22 Mailing License to the Billing Address (Y/N) Y EFFECTIVE DATE Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° �5-37 O�ce oi License, tnspections and Environmentai Psotection Memorandum \�ovember 15, 1994 To: Robert Kessler. Di;ector of LIEP Fr: Ted Koeppl, Admuris:.ative Intem Re: Cigarette sale to minor compliance check summary On November 2 and 9, 1994 benreen 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 sixteen, to forty- one licensed cigarette retail establishments for the purpose of determining 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. § 609.685. Ivfr. Alston's physical description is as follows: African American, 5'il", sbaved black bair (curly), weight 180 pounds, thin moustacbe. On the date(s) and time period(s) of the compliance checks, Mr. Alston wore a black leather jacket and blue jeans. Mr. Alston wore a high school ciass 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 rouu has been set up as close to randomly as possible and every licensed cigazette 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 tbe ASSIST _ Grant for $5,000 and the �2,000 g�ant 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 - cigarettes. At no time did the minor produce false identification �" shawing an inconect age. At no time did said minor possess a faLse identification card or license. After the minor retumed to the caz and informed me of such sale and of which employee sold such tobacco products (identification was made by name tag, physical descriprion, and by particulaz counter), I entered the establishment ; Y � p i £ � � and identified myself b�� s�owino my badge. I eaplained that the sale of cigarettes to a �:u: or .;�as made and that this act constituted a gross misdemeanor pur�shable of up to �500.00, and could result in adverse action against t;e license or licenses held. I then asked for their name and recorded it on a copy of the compliance check slips used as a record of establishmens checked and as e��idence against those who are found not to comply. I recorded any other relevant comments or informaiion. If the employee or manager of the establishment voiced �y ldnd of objection, I responded in clear terms that due process w�ovld be afforded to them. Receipts were retained wben possible aad the cigarette taY number was recorded on the information slip cor,esponding k�ith tbe establishment in question. T'be receipu and cigarettes are given to you in conjunction with this report. Of tl�e forty-one establishments investigated, three cigarette retailers did sell cigarettes to said minor. The following is a list of such licensees, the time of sale and the name of tbe employee who conducted the sale in tbe order tbey were 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 TimelDate o£ Sale 2:52 p.m./ 11/2/94 3:10 p.m./ 11/2/94 3:33 p.m./ 11/2/94 �5-3�7 Name of Emplovee Nizar Obied Ann Kimlinger Please note that the documents completed in the fieid corresponding to these establishments have been bagged with the cigarettes as evidence. cc: City Attomey's Office 2 crrY o� sa��r Pauz D'ornt Coleman, Mcyor OFFICE OF LICENSE, A�SPELTIOrS A.\D EI.'�'II20:.'METTAL PROTFCI']ON C _ � Ro6er. Kess:er, Dirctmr � �7 � I10EhSEdAD 7ekpkor<: E12-266910� 1!�SPEC770NS Facsimile:672-2669124 3S0 St Peter Street Suiu 300 Sai'u Paul, Mi�v+esata SSIO2 November 7, 1994 Mr. Craig Knvtson Knowlan's Super M�kets, Inc. 900 Maryland Avenue East Saint Paul, Minnesota 55106 NOTICE OF COMPLAINT 22e: All licenses heid by Knowlan's Super Mazket for the premises at 900 Mar} Avenue East, Saint Paul Deaz Mr. Knutson: �E�-.�e S1,/�f, `_,� �� - ..� �.�` � = - C u i994 �_ . � ; r F,����� The Office of License, Inspections and Environmental 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 November 2, 1994, a clerk or other employee sold cigarettes to a minor under the age of 18 yeazs in the licensed premises. This is an offense under Minn. Stat. §609.685 and Section 324.07 of the Saint Paul Legislative Code. This offense is the basis for an action against all your licenses under Section 310.06(b) of the I,egislative Code. The recommendation of this office is a$200 fine for the & offense as called for in the Saint Paul Legislative Code as cited above. If you do not dispute the above facts, send me a fax or 7etter 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 regazd. If you do dispute the facts stated above, you may request a hearing before an Administrative Izw Judge (AI.J). The Ai.J will hold a trial-type hearing at which both you and the City will be able to appear and present witnesses, evidence and cross- e�camine the other's witnesses. The Council will decide the matter at a later public hearing after it receives the report of the AI.J. Please leY 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 regazding this process may be directed to Phil Byrne at 266-8710. Failure to respond will result in an automatic ALJ hearing, and you may be held responsible for the costs of such hearing. Very truly yours, ���'Ss'�l /��ai`�j�v ("-^ Robert Kessler Director C: Phil Byrne, Assistant City Attomey I �''� � ,- v l � °[ S - 3 `� � � f - �.1�/� � ' ?�4arieK. Aarthun, O�,ner/Oper(or : ` - ' -'-- Novembei 5, 1994 Counciirriember Marie Grinun _..;....._Gity of Sf: Paul`. .._ _ .... ..... . _ . .. .. .. : . . . .. . . .. _ .. ;... . _.. ....__ __ .. : .. .. ._ _ .... _:..........._..;.........._ Room 32D-B City H211 _ . _ . :...._15 ��est Kellogg Boulevard _........ . _ __ _. ;_. St. Paui, MN 55102 : - - Dear Councilmember Grimm; - -- - This letter is in regard to an incident that allegedly occurred at our Maryland Avenue Knowlan's Super Market on Wednesday; November 2, 1994. We'd like to offer our perspective of the incident. Knowlan's Super Markets, Inc. employs appro�mately 550 people in . , seven grocery stores inciuding t�!e Knowlan's 5uper Markets at 900 East Nfaryland Avenue. Since Knowlan's started doing business over 60 years ago, we have been inundated with an inereasing number of rules, regula- --- ---tionsand laws such as the EBS Food Stamp program,-WIC; sales tax; :-----'---- - check verification, etc. - and cashier need to know all of 3t: Our cashieis ; receive e�tensive initial training as well as ongoing training throughout their careers at Knowlan's. But they are people, not computers, and peo- pie do occasionally make mistakes. We°operate an honest business asid have always been responsible and: ; caring members of the business community. Our cashier Ann Kimlinger, _ who is also a teenagei, had no �ntention of breaking the law; it was sim- ply an honest mistake. Following ihe incident; she was given a i Disciplinary Action Notice. She was so upset; sorry; and embarrassed by ° the incident that we had to conv her not to resign on the spot. Anri is an outstanding employee who comes from a good, law abiding family; in __ fact her father is a Maplewood police officer. We certainly didn't want to lose her because of an honest mistake. All of our employees are very aware of the law:regarding trie sale of ? tobacco produets. The law is discussed extensively in training (pages ;_._ _;_. _„ _ , _. froin the Cashier Training manuai aze enclosed), and periodic reminders Cosporate Offices • i11 East County Road F• Vadnzis Heights, Mi�I 55727 �(612) 983A242 � Fax: (612) 483-0622 °l 5 - 3`7 are distributed in the form of inemos, bulletins and newsletter articles. I'�•e enclosed a copy of a brochure from the Minnesota Grocer Association's "A Responsible Tobacco Retailing Frogram". All cashiers in the company have read it and signed the "Employee's Agreement of Understanding." Be assured that there ��as no intent to break the law. In fact, on previous occasions we have refused to sell tobacco to your teenage "shoppers." There is an overwhelming amount of information for cashiers to remem- ber. We do our best to keep them informed and updated on laws, rules, and regulations; and they do their best to follow procedures. Yours sincerely, '��:i r..�.:(1u�,� Marie Aarthun Owner/Operator MA/al Encl. cc: Robert Kessler, Director Office of License, Inspections and Environmentai Profection CITY OF SAINT PAUL I�'olm Coieman, Mavor December 19, 1994 OFFICE OF 7'HE CIT1' ATTOR'��Y Trmo:ln E. Mars, C+n'Anomn� �t5-3� C'r.i1 Dnir+ors t00 Ciry Hall Tclephone: 612 ?66S7I0 IS ii'eu f:cllogg Bh�d Facsi,r.i:e: 612 ?9F-56I9 Scint Pa+� Minnesora SSIO? NOTICE OF COIINCZL HEARZNG Ms. Marie Aarthun Knowlan's Super Market 111 East County Road F Vadnais Heights, Minnesota 55127 Re: Licenses held by Knowlan's Super Markets, premises located at 900 Maryland Avenue East Dear Ms. Aarthun: Inc. for the 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 o£ 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, - ' tJ � Phili B. By Assistant City Attorney cc: Nancy Anderson Assistant Council Secretary Robert Kessler Director, LIEP