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95-38o��� f n i R� Council File # q 5_ 3g !!� �� Green Sheet # 30693 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 3S ^ - - - • i� . Presented By Referred To � Committee: Date 1 2 RESOLVED, that the Licensee, Leonazd V. Paczosa dba Mini Pac (License ID 3 No. 54189) located at 1184 Maryland Avenue East in Saint Paul is hereby ordered to pay 4 a fine of $200 for the violation of the sale of tobacco or tobacco products to a minor. 5 6 Said fine shall be paid to the Office of License, Inspections and Environmental 7 Protection within thirty (30) days of the adopuon of this resolution by the Council and 8 signature by the Mayor. 9 10 This resolution and the action of the Council in ttris matter are based upon the 11 facts contained in the letter notice of the violation to the licensee, the LIEP inspection 12 report, and such arguments as may haue been presented to the Council at the public 13 hearing. The facts were not contested by the licensee. Requested by Department of: s Ap s By: Form Approved by City Attorney sy: ��G�►.�.yi • j�� /�—/9 - 9S< Approved by Mayor for Submission to Council B Adopted by Council: Date � � Adoption Certified by Coun " Secretary QG_�� _DEPARTMENT/OLIEP UNCIL o 12/8/94 GREEN SHEE N° 3`0693 � CONTACT PEfl50N & PHONE �N�T�AVDATE �NRIAVDATE � DEPARiMENT DIRECTOfl � C(iV COUNCIL Robert Kessler 266-9112 A���N �CT'A170RNEY �CRYCLERK NUYBEfl FOR MUST BE ON COUNCIL AGENDA BY (DAT� ^ pOVfING � BUDCaEf DIRECfOP � FlN & MGT. SEflVICES Diq. � T/� ` t � I '� 95 ORDEfl O MpYOFi (OFi ASSISTANn ❑ tJ fTI�� TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACIION REQUESTED: Uncontested adverse license action. RECOMMENDA710NS: Apprwe (A) or Rejeet (p) pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING �UESTIONS: _ PLANNINC� CAMIAt$SION _ GYIL SERVICE COMMiSSION �� Has this persoNfirtn ever worked under a contrac! for this departmem? - _ CIB COMMfTTEE _ YES NO _ STAFF 2. Has this personRirm ever been a ciry employee? — YES NO , DIS7RIC7 CAUFi — 3. Does this person/firm possess a skill not nortnally possessetl by any curreni city employee? SUPP�RTSWHICHCAUNCILOBJECTIVE? YES NO Explafn all yes answers on separate sheet and atteeh to green sheet INITIATING PFOBLEM, ISSUE, OPPORTUNITY (Who, Whffi, When, Where, Why�: . ^ Sale of cigarettes to a minor: Mini Pac 66 1184 Maryland Avenue E. ADVANTAGES IF APPROVED: DISADVANTAGES IFAPPROVED: ����� �� DEC � � 1�94 �-�-- �..,_. DISADVANTAGES IF NOTAPPROVED: 70TAL AMOUN70F TRANSAC710N $ COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDIfdG SOURCE ACTIVITV NUMBER FINANCIAL INFOFMATION: (EXPLAIN) q5-38' UNCONTESTED LICENSE HEARING Licensee Name: Leonard V. Paczosa dba Mitti Pac Address: 1184 Maryalnd Avenue East Council Hearing Date: January II, 1994 �olation: Sale of cigarettes to a minor, § 324•07 Saint Paul Legislative Code Date: November Z, i994 Place: Licensed Premises Matriac Presumptive Penalty: N/A Recommendation client, Of£ice of Protection: o£ Assistant City Attorney on behalf o� License, Inspections and Environmental SZOO £"ine (£irst of£ense) Attach�nents: i. � 3 . 4� S • 6. Proposed resoiution Licease ittformation LIEP inspection report Letter o£ LIEP to liceasee (notiae of violation) Letter o£ licensee (admiss�on of �acts) Notice o£ Hearing letter to iicensee QS-38' Date: Nov 7 Business License Master Inquiry LZCENSE I.D. 54189 LICENSE NAIiE LEOI3ARD V PACZOSA INC FIRST NAME STREET NUMBER 1184 STREET NAME MARYLAND CITY ST. PAUL BILLING NAME STREET NUMBER STREET NAME CITY MIDDLE INZTIAL STATE MD7 BLD STREET DIRECTION E STREET TYPE AV ZIP 55106 ITNIT BLD STREET DIRECTION STREET TYPE STATE ZIP UNIT D.B.A. MINI PAC COMBINE CODE TAX ID 2075988 SSN 507-28-1936 PHONE NUMB£R 612-7744255 DEALER NUMBER BADGE.NO I�4ailing License to the Billing Address (Y/N) LIC.EXP.DATE 03/31/95 CEN.TK TERR 07 KRIS FIRE 32 EFFECTIVE DATE 11/18/87 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Date: Nov 7 BUSINESS LICENSE MANAGER SCREEN License ID 54189 Name LEONARD V. PACZOSA TransPer from License ID 00192 Transfer to License ID Street Number 295 Street Direction Unit Street Name HALLAM CURVE Street Type City MAHTOMEDI State MN Zip 55115 Phone 4264199 Notes 1:INSP CHANGE FROM O1 TO 02 ON 4/09/92 Env Notes 2:11998 3:030188 PH ON APPN FOR TRFR OF GAS STATION 3 PUMPS, 4: 5 ADD�L PUI�S, A-2 GROCERY A� & CIGARETTE LICENSE S:FROM CHUCK�S POWER CENTER AT 1184 E.MARYLAND AVE. 6:APP�D C.F. SS-308 7: 8: 1: 2: 3: 4: Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CIASED ° PRINT OFF ° Business License Master Inquiry LICENSE I.D. 15749 LICENSE NAME KNOWLAN'S SUPER MARKETS INC Date: Nov 7 FIRST NAME MIDDLE INITIAL BLD q5_38 Office of License, Inspections and Environmentai Protection Memorandum No�ember li, 1494 To: Robert Kessler, Direcior of LIEP Fr: Ted Koeppl, Adminis:rati� Intem Re: Cigarette sale to minor compliance check summary On November 2 and 9, 199� between the hours of 2:30 p.m. and 5:10 p.m., and on November 5, 1994 between the 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 determin;ng if such licensees would sell cigarettes to a minor in violation of Section 324.Oi of tbe Saint Paul Legislative Code and in violation of Minn. Stat. § 609.685. Mr. Alston's physical description is as follows: Afiican American, 5'il", sbaved black hair (curly), weight 180 pounds, thin moustache. 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 class ring on his right ring finger (Class of 1995). It was determined that, during the dates specified, forty-one licensed cigarette retail establishments would be investigated. A list of routes bas been pre-establisbed in order to determine which establishments will be cbecked 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 tbat the City of Saint Paul can compiy with the obligations associated K�ith 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 establishmenu attempting to purchase a pack of cigarettes. At no time did the minor produce false identification showing an inconect age. At no time did said minor possess a false identification card or license. After the minor returned to tbe car and informed me of such sale and of which employee sold such tobacco products (identification was made by name tag, physical description, and by particulaz counter), I entered the establishment and identified myself b�� c7owlno my badge. I explained that the sale of cigarettes to a m:nor «as made and that this act constituted a gross misdemeanor punis� able of up to �500.00, and could result in adverse action against the license or licenses held. I then asked for tbeir name and recorded it on a copy of the compliance check slips used as a record of establishmenu checked and as e��idence against those who are fosnd not to conply. I recorded any other relevant comments or information. If the employee or manager of the establishment voiced any }and of objection, I responded in clear terms that due process w•ould be afforded to them. Receipts were retained when possible and the cigarette taY number was recorded on the information slip corresponding ulth tbe establishment in question. The receipts and cioarettes are given to you in conjunction with this report. V Of the forty-one establishmenu investigated, three cigarette retailers did sell cigarettes to said minor. The following is a list of such licensees, the time of sale and tbe name of the employee wbo conducted the sale in the order they were cbecked: 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 Time/Date of Sale 2:52 p.m./ 11/2/94 3:10 p.m./ 11/2/94 3:33 p.m./ 11/2/94 a5- Name of EmDlovee Nizar Obied Ann Kimlinger Please note that the documents compleied in the field corresponding to these establishments have been bagged with the cigarettes as evidence. cc: Ciiy Attorney's Office a i 1 2 OFFICE OF llCENSE, II4SPECI'IONS AI:D EI.'VIRO:.T1E1.'TAL PROTECi]ON � Robcr. %ss:er, Direcmr q � � � CTI'Y OF S�'T PAUL Norm Colemon, Mayor IICEASEdND ]ASPE'�O1JS 350 St. Peter Strta Suiie 3� Sai'u Pcul, M�nnesota 55102 Tekphone: 613-26b91 R� Facsimik: 672-26G91?4 `�� n� °t +� � ! E f a �-. u2 i y�; rTovember 7, 1994 Mr. Leonard V. Paczosa Mini Pac 1184 Maryland Avenue East Saint Paul, Minnesota 55106 NOTICE OF COMPLAiNT Re: All licenses held by Mini Pac for the premises at 1184 Mazyland Avenue East, Saint Paul Deaz Mr. Pac2osa: `SJ ,'�' V GJ IVJQ 4``M1F -' i i�l�� 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 years in the licensed premises. This 3s 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 llcenses under Section 310.06(b) of the I.egislative Code. The recommendation of this office is a$200 fine for the first offense as called for in the Saint Paul Legislative Code as cited above. If you do not dispute the above facts, send me a fax or letter to that effect within 5 days. The case will be set before the City Council in the near future and you will receive further notice to this regard. If you do dispute the facts stated above, you may request a hearing before an Administrative I,aw Judge (AI..T). The ALJ will hold a trial-type hearing at which both you and the City will be able to appear and present witnesses, evidence and cross- examine the other's witnesses. The Council will decide the matter at a later public hearing after it receives the report of the AI,J. Please let me know within 5 days Sf you wish this alternate procedure and we will take the necessary steps to schedule it for you. Further questions regarding tlus process may be directed to Phil Byme at 266-8710. Failure to respond will result in an automatic AI J hearing, and you may be held responsible for the costs of such hearing. ` . � � � / ,� ,. � � Robert Kessler Director C: Phil Byme, Assistant City Attomey AINJ PAC 66- liate 11/09/44 Check Number UU011725 � �Q�.�� iN�%UI�E NO :.� +-- •-i _ = � - �' '--^ r __ ��i « ^ � `� ' ti MINI PAC 66 1784 EAST MARYLAND AVE. PH. 774-5255 ST. PAUL, MN 55106 PAY TO THE ORDER OF ** TWO HUNDRED DOLLARS AND 00 CENTS ** OFFICE OF LICENSE, INSPECTION AND ENVIRONhtENTAL PROTECTION 350 ST. PETER ST. SUITE �300 ST. PAUL MN 55102 NORWEST BANK OF MN 117 S IDS CENTER OFFICE MINNEAPOLIS, MN 55402 CHECY. NO. 22-7003/2960 ���11�2$ DATE f+�10UNT 11/09/94 ******200.00 i�'011725��' �:29 60 700 3 5�: 0946925iE8i�' e 11725 �IS - 38' FEFERENCE AMUU\`T DISCUUNT NET AMT ------------------------------------------- 52117 0.00 0.00 200.00 CITY OF SAINT PAUL .'�omt Cole�non, Mm�or December 19, 1994 OFFICE OF THE CITY ATTOR\�EY TunoJn E. Mar,S Cin� Auomn• Q��^3 Q � �J Cn•il Dnition d00 Ciry� HaU 15 Ii'eu I:ellagg Bhd Sainr Paul, M'u.nesom SSIO? 7ekphane: 61? ?�10 Facsunile: 6I? 29&-5619 NOTICE OF COIINCIL HEARING Mr. Leonard V. Paczosa Mini Pac 1184 Maryland Avenue East Saint Paul, Minnesota 55106 Re: Licenses held by the MiniPac at 1184 East Maryland Dear Mr. Paczosa: 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 �heir consideration. This is an uncontested hearing, in that the £acts contained in the reports concerninq 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