95-38o��� f n i R� Council File # q 5_ 3g
!!� �� Green Sheet # 30693
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA 3S
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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 $200 for the violation of the sale of tobacco or tobacco products to a minor.
5
6 Said fine shall be paid to the Office of License, Inspections and Environmental
7 Protection within thirty (30) days of the adopuon of this resolution by the Council and
8 signature by the Mayor.
9
10 This resolution and the action of the Council in ttris matter are based upon the
11 facts contained in the letter notice of the violation to the licensee, the LIEP inspection
12 report, and such arguments as may haue been presented to the Council at the public
13 hearing. The facts were not contested by the licensee.
Requested by Department of:
s
Ap
s
By:
Form Approved by City Attorney
sy: ��G�►.�.yi • j�� /�—/9 - 9S<
Approved by Mayor for Submission to
Council
B
Adopted by Council: Date �
�
Adoption Certified by Coun " Secretary
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_DEPARTMENT/OLIEP UNCIL o 12/8/94 GREEN SHEE N° 3`0693 �
CONTACT PEfl50N & PHONE �N�T�AVDATE �NRIAVDATE
� DEPARiMENT DIRECTOfl � C(iV COUNCIL
Robert Kessler 266-9112 A���N �CT'A170RNEY �CRYCLERK
NUYBEfl FOR
MUST BE ON COUNCIL AGENDA BY (DAT� ^ pOVfING � BUDCaEf DIRECfOP � FlN & MGT. SEflVICES Diq.
� T/� ` t � I '� 95 ORDEfl O MpYOFi (OFi ASSISTANn ❑
tJ fTI��
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACIION REQUESTED:
Uncontested adverse license action.
RECOMMENDA710NS: Apprwe (A) or Rejeet (p) pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING �UESTIONS:
_ PLANNINC� CAMIAt$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�
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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$200 fine for the first offense as called for in the
Saint Paul Legislative Code as cited above. If you do not dispute the above facts, send
me a fax or letter to that effect within 5 days. The case will be set before the City
Council in the near future and you will receive further notice to this regard.
If you do dispute the facts stated above, you may request a hearing before an
Administrative I,aw Judge (AI..T). The ALJ will hold a trial-type hearing at which both
you and the City will be able to appear and present witnesses, evidence and cross-
examine the other's witnesses. The Council will decide the matter at a later public
hearing after it receives the report of the AI,J. Please let me know within 5 days Sf you
wish this alternate procedure and we will take the necessary steps to schedule it for
you. Further questions regarding tlus process may be directed to Phil Byme at
266-8710.
Failure to respond will result in an automatic AI J hearing, and you may be held
responsible for the costs of such hearing. `
.
� � � / ,� ,.
� �
Robert Kessler
Director
C: Phil Byme, Assistant City Attomey
AINJ PAC 66-
liate
11/09/44
Check Number
UU011725
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MINI PAC 66
1784 EAST MARYLAND AVE. PH. 774-5255
ST. PAUL, MN 55106
PAY
TO THE
ORDER
OF
** TWO HUNDRED DOLLARS AND 00 CENTS **
OFFICE OF LICENSE, INSPECTION
AND ENVIRONhtENTAL PROTECTION
350 ST. PETER ST. SUITE �300
ST. PAUL MN 55102
NORWEST BANK OF MN 117 S
IDS CENTER OFFICE
MINNEAPOLIS, MN 55402 CHECY. NO.
22-7003/2960
���11�2$
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
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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