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95-39QRIGIN�iL Council File # °�5- 3 g Green Sheet # 30692 RESOLt7TION CITY OF SAINT PAUL, MI Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 � Committee: Date 3� RESOLVED, that the Licensee, Bob McGuire dba Minnehaha Liquor Store (License ID I3o. 16945) located at 945 Minnehaha Avenue West in Saint Paul is hereby ordered to pay a fine of $200 for the violation of the sale of tobacco or tobacco products to a minor. Said fine shal be paid to the Office of License, Inspections and Environmental Protection within thirry (30) days of the adoption of this resolution by the Council and signatwe by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the letter notice of the violation to the licensee, the LIEP inspection report, and such azguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: B Adopted by Council: Date��, \\ �dt�� Adoption Certified by Counc Secretary s Appx s Form Approved by City Attorney s 1� � �. /�-l�/-yt� Approved by Mayor for Submission to Council By: a� _ -za DEPARTMENT/OFFICE/CAUNCIL DATEINITiATED p '� ✓ , LIEP 12/8/94 GREEN SHEET �- 3 0 6 9 2 INITIAIJDATE NITI TE CANTACT PEASON 8 PHONE � DEPqRTMEM DIREGTOR m CITY COUNCIL Robeit Ressler 266-9112 ��a �C�tYATfORNEY Ocrrcc�s�K NUYBEfl FOP MUST BE ON COUNCIL AGEND�A ( B�V (OATE) p�n� O BUDGEY DIRECTOR � FlN. & MGT. SERVICES DIR. � /d�'1� '� t 49S OIiDER O MpyOR (OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Uncontested adverse license action. FiECOMMENDa710N5: Approve (n) or Reject (R) pERSONAL SEFiV�CE CONTHACTS MUST ANSWER 7HE FOLLON��NG DUESTIONS: _ PLANNWG COMMISSION _ CIVIL SEflVICE COMMISSION �� Has this person/Firm ever worked untler a contract for this department? - _ GIB COMMITfEE _ YES NO — � AF � 2. Has this person/firm ever been a ciry employee? — YES NO _ DISTRIC7 COUR7 _ 3. Does this person/firtn possess a skill not nortnally possessed by any cuneM city employee? SUPPORTS WHICH COUNGL O&IECTIVE? YES NO Explain all yes answers on seperate sheet antl attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who. What, When, Where, Why): Sale of cigarettes to a minor: Minnehaha Liquor Store 945 Minnehaha Avenue W. RF� ° f� z � ADVANTAGES IFAPPROVED: �R Y BIAIf� �'��; �°��g�l c�1tEr �� s�4 ----- —ffi DISADVANTAGES IFAPPROVED: DISADVANTAGES IF NOTAPPROVED: TO7AL AMOUNT OF TRANSACTION $ COS7/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIA� INFORMATION: (EXPLAIN) -� q5-3q UNCONTESTED LICENSE HEARING Licensee Name: MinnehaLa Liqnor Store Address: 94� llf nnehaha Avenne West Cous�cil Hearing Date: January �i,1q94 Violation: Sale of cigarettes to a minor, § 3Z4.0� Saint Paul Legislative Code Date: Nov�nber i6, iqq4 Place: Licensed Preraises Matriac Presumptive Penalty: N/A Recouimendation client, O£fice of Protection: of Assistant City Attorney on behalf of License, Inspections and Environmental 5200 fine (first offense) Attachmeats: I. � � 4• S• 6. Proposed resolutioa License informatiott LIEP inspertioa report Letter of LIEP to licensee (notice of violatiou) Letter of licensee (admissioa of £acts) Notice af Rearing letter to licensee �1S-3`1 Date; Nov 22 BUSINESS LICENSE MAi:AGER SCREEN License ID 16945 Name BOB MCGUTRE Transfer £rom License ID Transfer to License ID Street Number 945 Street Direction W Unit Street Name MINNEHAHA Street Type AVE City ST PAUL State MN Zip 55104 Phone 0000000 Notes 1:INSP CHANGE FROM 02 TO O1 ON 4/09/92 2:INSPECTOR CHANGE F120M BARB TO MIKE - 1/6/92 3: 4: 5: 6: 7: 8: Env Notes 1: 2: 3: 4: Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° qs- Office of License, Inspections and Environmental Protection Memorandum November 28, 1994 To: Robert Kessler, Direc:or of LIEP Fr: Ted Koeppl, Administrati� Intem Re: Cigarette saIe to mi;�or compliance check summary On November 16, 1994 betueen the bours of 3:00 p.m. and 5:10 p.m., and on November 12, 19, and 26, 1994 between the bours of 10:00 a.m, and 1:00 p.m., I accompanied Deanna Riley, age seventeen, to one-hundred licenced ci�arette retail establishments for the purpose of determining if such licensees would sell cigarettes io a minor in violation of Section 324.07 of the Saint Paul L.egislative Code and in violation of ?vfinn. Stat. § 609.685. Ms. Riley's physical description is as follows: Caucasian, 5'4", medium length red hair and freckles, weight 115 pounds. On the date(s} and time period(s) of the compliance checks, Ms. Riley wore biue jeans and a light blazer. Ms. Riley wore minimal makeup. It was detemuned that, during the dates specified, one-bundred licensed cigarette retail establishments would be investigated. A list of routes has been pre-established in order to determine which establishments will be checked and in which order. Tl�e 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, 17us is so Ybat the City of Saint Paul can comply with the obligations associated ��th their acceptance of the ASSIST Grant for $5,000 and the �2,000 grant from tbe 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 inconect age. At no time did said minor possess a false identification card or license. After the minor returned to the car and informed me of such sale and of which employee soid such tobacco products (identification was made by name tag, physical description, and by particular counter), I entered the establishment , and identified myself by showing my badge. I explained that the i € : � � sale of cigarettes to a r..inor �i�as made and that this act constituted a gross misdemeanor pu L�hable of up to ��00.00, and could result in adverse action a�ainst 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 e:tablishmenu checked and as e��idence against tbose who are fou�d not to comply. I recorded any other relevant comments or info�ation. If tbe employee or manager of the establishment voiced zay }and of objection, T responded in clear terms that due process �•ould be afforded to them. Receipts were retained when possible and the cigarette taz number u�as recorded on tbe information slip corresponding �2th the establishment in quesuon. The receipts and cigarettes are given to you in conjunction with this report. Of the one-hundred establishments in�estigated, 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 the employee who conducted the sale in the order they ��ere checked: Licensee H. C. o. Self Serve 719 Payne Ave. Lic ID- 96596 Minnehaha Liquor Store 945 Minnihaha Ave. W. Lic ID- 16945 Dragon Star oriental 633 Minnihaha Ave. W. Lic ID- 28899 3:40 p.m./ 11/16/94 �S-3� Name of Emplovee Bill Auger Dennis King Please note that the documents completed in the field conesponding to these establishments have been bagged with tbe cigazettes as evidence. cc: City Attomey's Office Time/Date of Sale 11:30 a.m./ 11/12/94 3:30 p.m./ 11/16/94 Foods 2 CTTY OF S?.IIv'T PAUL Norm Co[eman, Mayor OFFICE OF LICETSE, II:SPECTIONS AKD EI.'�'IROI.'MEN'IALPROTECTION Q��3� Robe# Kesskr, Director ` IICEASE AhD Telephort: 612-2669100 IASPEC7IONS Fatsiinik:612-266-9I24 350 ST. Peur SYrcet Suiu 300 Saint Paul, Mi�esom 55102 November 22, 1994 Mr. Bob McGuire Minnehaha Liquor Store 945 Minnehaha Avenue West Saint Paul, Minnesota 55104 NOTICE OP' COMPLAINT Re: All licenses held by Minnehaha I,iquor Store for the premises at 945 Minnehaha Avenue West, Saint Paul Dear Mr. McGuire: �` �� '�( � r� - •✓ � � V td L. !��' �3 1994 ... . � a , .� E � i ,� i is � �: The Office of License, inspections and Environmental ProtecUon will recomcnend to the Saint Paul City Council that adveise action be taken against all the licenses you hold at the above-named premises. This recommendation is based on the following: On November 16, 1994, a clerk or other employee sold cigazettes to a minor under the age of 18 years in the licensed prernjses. This is an offense under M3nn. Stat. §609.685 and Section 324.07 of the Saint Paul Legislative Code. T'his offense is the basis for an action against all your Iicenses under Section 310.06(b) of the Legislative Code. The recommendatlon of this office is a$200 8ne for the flrst offense as called for in the Saint Paul Legislative Code as cited above. If you do aot dispute fhe 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 fiature 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 Law Judge (ALJJ. The AW 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]ater public heazing after it receives the report of the AI.7. Please let me know within 5 days if you wish this altemate procedure and me will take ihe necessary steps to schedule it for you. Further quesUons regazding th3s process may be directed to Phil Byme at 266-8�10. Failure to respond wlIl result in an automatic AI.J hearing, and you may be held responsible for the costs of such hearing. - . � % � f / � : � Robert Ressler Director C: Phil Byrne, Assistant City Attomey qs- -x � Q' O �'�� '��-'' = O U �; � �� . �� z _r � � 1„ . -- 0 j � - � J-� � � � � � � i � � ; � s °� � a <� � `� � � `�� ;. �("L. ��n.�L1� ,,�'- �'�v ? � ra ��. �� .�:.,_..� �(�Ct�t. `� 5 l� � �� - zs n^v /ygA � � � � d � J . \ U r 4 Y L � � � O c7� � � � � a � �� v� � `�-'-;----�_�-° �' - �=�°�-.-_�.._- �- � _-�-�.~=__ a�-Yz,��c, i� � �---��-� a m� �� .rx.- -. e.r,rx..�.� ��,. � =., � � v1 rj � e.G � � o v1 `_� -. �---� � . � 5 � �'�-. �= t �� , '!�'�' v�. 1. e � O d ��. �a�..� � n�lvt. � 5 \� � CITY OF SAINT' PAtiL .'�o.mi Cale�nan, MaWr December 19, 1994 OFFICE OF THE CIT1' .ATTOR'�`EY T�mo:fi� E Man, Cm� Aaomn• �� -�� Cn'i! Dnisian 400 Cin� Hd1 Telepnane 6I? ?66-Si10 IS F'esz KcZlagg BT•d Facsinvie: 6P_ ?9F5619 Saint Peul, Minnesorv SS10? NOTICE OF COUNCIL HEARING Mr. Bob McGuire Minnehaha Liquor Store 945 Minnehaha Avenue West Saint Paul, Minnesota 551104 Re: Licenses of the Minnehaha Liquor Store Dear Mr. McGuire: 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 xall and Ramsey County Courthouse. Enclosed are copi.es of the proposed resolution and other documents which will be presente@ to the City Council for their consideration. This is an uncontested hearing, in that the facts cantained in the reports concerning the unlawful sale of cigarettes have been admitted. You wiZl 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 wi12 be for a$200 fine. If you have any questions, please call me at 266-8710. Very truly yours, � � c�� Philip B. Byr Assistant City Attorney cc: Nancy Anderson Assistant Council Secretary Robert Kessler Director, LIEP �