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94-1187 ORIGINAL Council File # Green Sheet # e 7g 4l Y 4, RESOLUTION CIT • F SAINT PAUL, MINNESOTA Presented By All Referred To\ Committee: Date RESOLVED, th t Licensee, Avanti Petroleum, Inc., dba, Total Mart #5662 (License ID# 15178) for the premises located at 1529 White Bear Avenue North, in Saint Paul is hereby ordered to pay a fine of $200 for the violation of sale of tobacco products to a minor. Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty days o: this resolution's adoption by the Saint Paul City Council and the Mayor's signatu =e. This Resolution and the action taken above are based upon the facts contained in the attached notice of complain-, dated June 24, 1994. The facts as outlined in this letter are not contested by the licensee, as evidenced by the attached letter, dated July 5, 1994, signed by James P Hill, District Manager, on behalf of the licensee. This action is also based on the circumstances and arguments presented by and on behalf of the licensee during the Publ_c Hearing. Requested by Department of: Yeas Nays Abseg Blakey ✓ Grimm Office of License, Inspections and Guerin Environmental Protection Harris Me qa rd ✓ / Rettman Thune d By: 1,' Adopted by Council: Date � �7 Mck Adoption Certified by Council Secretary Form Approved ' by City Attorney • \ By: I I e y Counc 8 9� Approved by Date Approved by Mayor for Submission to Council By: i,a14/ 4 By: • 9 //'7 DEPARTMENT NCIL DATE INITIATED C 2 r$ 4 4 LI 8 -10 -94 GREEN SHEET CONTACT PERSON &PHONE INITIALJDATE 1 ITIALIDATE; y, DEPARTMENT DIRECTOR CITY COUNCIL Robert Kessler CITV ATTORNEY ED CITY CLERK I MUST BE ON COUNCIL AGENDA BY (DATE) ROUTING BUDGET DIRECTOR E FIN. & MGT. SERVICES DI - i ASAP ORDER 0 MAYOR (OP ASSISTANT) p TOTAL # OF SIGNATURE PAGES 1 (CLIP - ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Uncontested adverse license action RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS. ! — PLANNING COMMISSION — CIVIL SERVICE COMMISSWN 1. Has this person/firm ever worked under a contract for this department? i — CIB COMMITTEE YES NO 2. Has this person/Hrm ever been a city employee? — STAFF YES NO — DISTRICT COURT - 3. Does this personMirmpossess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes enewera, on s.parato shams and attach to arson sheet k INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What. When, Wmere, Why); Sale of cigarettes to a minor. Total Mart #5662 , 1529 White Bear Avenue Norte , ADVANTAGES IF APPROVED: I 1 y DISADVANTAGES IF APPROVED: I Council Research Cen r AUG 11 1994 DISADVANTAGES IF NOT APPROVED: 1 i Y TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YES NO i FUNDING SOURCE ACTIVITY NUMBER ; FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Attorney 1 t ' - y I / SAINT PAUL CITY OF SAINT PAUL Civil Division 041 Norm Coleman, Mayor 400 Cry Hall Telephone: 612 266-8710 15 West Kellogg Blvd. Facsimile: 612 298 -5619 AMA Saint Paul, Minnesota 55102 rwO July 18, 1994 NOTICE OF COUNCIL HEARING James P. Hill 1 Avanti Petroleum, Inc.' dba Total Mart #5662 j 1529 White Bear Avenuel North Saint Paul, MN 55106 RE: All licenses hel by Avanti Petroleum, Inc. dba Total Mart #5662 for the prem ses located at 1529 White Bear Avenue North in Saint Paul Dear Mr. Hill: Please take notice th4t a hearing concerning the above - mentioned establishment has been scheduled for 3:30 p.m., August 17, 1994 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed please find a copy of the proposed resolution, with attachments, for consideration by the City Council. This is an uncontested hearing, in that facts contained in the attached police report have been admitted to. You will have the opportunity to present oral and /or written argument as to the appropriate sanction, if any, to ba imposed. If you have any questiins, please call me at 266 -8710. Very Truly Yours, 0(4 ti9' f ;141- PHILIP B. BYRNE Assistant City Attorney cc: Lt. Nancy DiPerna St. Paul Police Department Nancy Anderson Assistant Council Secretary Mr. Tim Dornfeld District 2 Comm pity Council Robert Kessler, Director LIEP UNCO 1 ESTED LICENSE HEARING 9 4 - `g i Licensee Na e: Total Mart #5662 Addr: s: 1529 White Bear Avenue North Date of Council Hearing: August 17, 1994 Violation: Sale of Cigar; ttes to a minor § 324.07. Date: June 15, 1994 Place: Licensed Pre ises Matrix Presumptive Penalt : N/A Recommendation by Assist. nt City Attorney on behalf of client, Office of License Inspections and Environme tal Protection: To impose a $200 fi e for the sale of cigarettes to a minor. Attachments i t 1. Proposed resoluti • 2. License informati• 3. Notice of Complai t 4. LIEP Inspection ' -port 5. Letter of licensee uur attorney agreeing not to contest the facts 9 4 - 118 7 Lic ID 15178 STAT AC Business Name AVA4TI PETROLEUM, INC. Address 1529 WHITE BEAR AVE N Zip 551)6 Doing Business As TOTAL MART #5662 License Name OFF SALE MALT • GROCERY (C) . GAS STATION • CIGARETTE Exp Date 03/31/95 Insurance Carrier Ins. Policy Number IN LIEU OF W AIVER LETTER Insurance Effective Date. 05/18/94 Ins. Expiration Date WAIVED . NOTE AREA 12824 Tax Id 1373026 Worker Comp Exp Date 02/15/95 Telephone 881-4483 OFFICE OF THE CITY ATTORNEY Timothy E. Mar4 City Attorney SAINT "Avg CITY OF SAINT PAUL Civil Division Norm Coleman, Mayor 400 City Hall Telephone: 612 266 -8710 15 West Kellogg Bh -d Facsimile: 612 298 -5619 AAA saint Paul, Minnesota 55102 June 24, 1994 James P. Hill Avanti Petroleum, Inc. Total Mart #5662 1529 White Bear Avenue N. Saint Paul, Minnesota 55106 RE: NOTICE OF COMPLAIJT Dear Mr. Hill: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses you hold at the above -named premises. This recommendation is based on the following: On June 15, 19S4, a clerk or other employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. If you do not dispute the above facts, and send me a letter to that effect within 5 days, the case will be set before the City Council. You will have a chance to appear and make a statement before the Council as to the prop =r penalty, if any, to be imposed. If you do dispute the above facts, a hearing will be set before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross - examine the other's witnesses. The Council will ultimately decide the case. If this is your choice, please let me know within 5 days, and we will take the necessary steps to set up that ALJ hearing. Call me at 266 -8710. Very truly yours, if ; • Philip :. Byrne Assistant City Attorneir cc: Robert Kessler Director, LIEP Terry Hislop License Division EMIL E l A 1 Office of License, Inspections and Environmental Protection Memorandum June 16, 1994 To: Robert Kessler, Director I Fr: Terry Hislop, Intern - . • Re: Cigarette sale to minor compliance check operation summary - I have been an intern with LIEF for approximately four years. In that time I have conducted numerous investigations involving various licensed facilities and activities. On June 15, 1994 between the hours of 2:20 p.m. and 6:28 p.m., I accompanied Melissa ' Jents, age fifteen (birth date 9- 23 -78), to twenty -two 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 the Saint Paul Legislative Code and in violation of Minn. Stat. § 609.685. Ms. J ent's physical description is as follows: caucasian, 5'7 ", blue eyes, shoulder length brown hair, weight 135 pounds, braces on teeth. On the date and time period of the "sting" operation Ms. Jents wore a tan striped t -shirt and jean shorts. Ms. Jents wore little makeup. On April 21, 1994 it was determined that twenty -two licensed cigarette retail establishments would be invest gated for compliance. A random selection process was derived in the following manner. A computer printout was made by licensing staff person Linda Koran by randomly generating eighteen establishments from the total 1'st of licensees through the random computer function in the licensing system. In addition four other establishments were added as complaints were received by this office ma king the total number to be investigated at twenty -two. The investigation procedure ccinsisted of sending the minor into respective listed establishments attempting to p.irchase a pack of cigarettes. At no time did the minor produce false identification she wing an incorrect 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 sold such (identification was made by name tag, physical description, and by particular counter), I entered the establishment and identify myself by showing my badge. ' explained that the sale of cigarettes to a minor was made and that this act constituted a ;ross misdemeanor punishable of up to 5500.00, and could result in adverse action against the license or licenses held. I then asked for their name, requiring them to spell it and zecorded it in a copy of memorandum dated April 21, 1994 listing all the establishments tc be investigated. I recorded any other relevant comments 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. The r ceipts and cigarettes are given to you in conjunction with 9 y_�iV this report in an envelope mar, et "Cigarettes and Receipts from 6 -15 -94 Compliance 7 Review Operation." Of the twenty -two establishme ts investigated, nine (9) cigarette retailers did sell cigarettes to said minor. The '.flowing is a list of such licensees, the time of sale and the name of the employee who conducted the sale in the order they were randomly selected: Licensee Time of Sale Name of Employee Total Mart i 5:15 p.m. Brent Steele X 1529 White Bear Ae. N Lic. ID #15178 x Capital Market 5:40 p.m. Minh Pham 478 University Av-. W Lic. ID #15772 Clark Station 5:50 p.m. John Anderman 400 Dale St. Lic. ID #15851 u( SuperAmerica #442 5:56 p.m. Vernon McCalister 970 University Av-. W Lic. ID #15882 Hotline 4:22 p.m. Dennis Devere 175 5th St. E Lic. ID #15946 , ,e Walgreens 1 2:30 p.m. Kim Warnar 522 Snelling Ave. S Lic. ID #56215 i Amoco 5:07 p.m. Janet Soderberg JA 1200 White Bear A e. N Lic. ID #28902 3( Quik Pik 4:46 p.m. Steve Obeidat 993 Payne Ave. Lic. ID #67886 i Walgreens 3:28 p.m. Glenda Klaasen 0‹ 734 Grand Ave. Lic. ID #65780 Please note that I have attach: d the document completed in the field (dated 4- 21 -94) which lists the establishments andomly predesignated, the times of the each investigation, the names of th. employees conducting the sales to a minor and any notes. cc: City Attorney's Office I ifildand4_ 37-b.wo 1.- Leta" 39 /7 • Office of License, I lspections 2 7 Environmental Protection Memorandum 4-21-94 6 -15 -94 Cigarete Sting Retail Establishment Sites Randomly Selected Retail Establisr =_nts (per license printout random generation): Establishment Time Investigated Sale(x) Name of Employee 1. Mickey's Nook 492 Hamline Ave. S Lic. ID #15110 2. Applebaums 3:5 365 Wabasha St. N • Lic. ID #15160 3. Total Mart - �( � c^ f- Sit" t 1529 White Bear Ave. N �'�� Lic. ID #15178 4. Midway Emporium ; 8 1821 University Ave. W Lic. ID #15291 5. Mickey's Diner 3 `I 5 1950 7th St. W Lic. ID #15401 6. SuperAmerica #4020 1 C. O 399 Lexington Pkwy. N Lic. ID #15414 7. SuperAmerica #4023 G 577 Smith Ave. S :D Lic. ID #15415 8. Capital Market 1 / 1 a -•-, 478 University Ave. W Lic. ID #15772 - 9. Clark Station 5 . sD J o 400 Dale St. Lic. ID #15851 10. SuperAmerica #4001 q: 3 7 296 7th St. E Lic. ID #4001 1 Establishment Ti Investigated Sale(x) Name of Employee 11. The Court Shoppe C 1 2550 University Ave. W 195 Lic. ID #15874 C l' s X 12. SuperAnerica #4421 6:5-(v 970 University Ave. W Lic. ID ;#15882 13. Lloyd's Pharmacy 720 Snelling. Ave. N Lic. ID #15917 14. Chatterbox Bar 3 : 3 393 Selby Ave. Lic. ID #15929 15. Cozy Cantina =(G 202 Concord St. Lic. ID #15931 16. Hotline L/:Zg X c�n�S Oe r 175 5th St. E Lic. ID #15946 - rc «.t I. ° " ° 17. Ace Box Bar 2162 University Ave. W 6.6:15' Lic. ID #15999 18. The Manor 3 1 2550 7th St. W Lic. ID #16068 Retail Establishments WhereCom•laints Have Been Received: 19. Walgreens Z : 30 � I <; .., 4J crr� a r 522 Snelling Ave. S Lic. ID #56215 20. Amoco :c) € ,„1. S eat# G cr 1200 White Bear Ave. N Lic. ID #28902 21. Quik Pik Li: L{� beic�a 993 Payne Ave. X S / c. ►-c. Lic. ID #67886 22. Walgreens 3: Z v X G (t ., a K ^ s S c 734 Grand Ave. Lic. ID #65780 2 S :36:35 04.04.94 Ci:y cf Saint Faul, Nirr FACE 1 RAI:_OM C GArs n is L: CEKSE FOR S T : • .c iD _JSine55 NG:ie CEA / 5US'c :ESS A✓: "c License Kam. MANGER NAME.. 15110 ERAUSEN MAGD'ALEN HICKEY'S OK CIGARETTE 492 HAML ) AVE S, CN SALE MALT (3.2) I 'ST. PAUL, ,H 55116 OFF SALE MALT 698-L347 RESTAURANT (5)-MCRE THAN 12 • SEATS 15160 RCYCO INC AFPLEEAJH CIGARETTE 365 riAEAS A ST N GROCERY (C) PAUL, 55.0' OFF SALE ST. ?..Jl, M,N . a,.2 art Al_ N,kLT 000.0000 _ SUTCHER (5)-AD CA 15178 AVANTI PETROLEUM, INC. TOTAL MAR GROCERY (C) JAMES P. HILL 1529 WHIT: SEAR AVE K GAS STATION ST. PAUL, ;MN 55104• CIGAREi1E 861.4LE3 15291 AVM, CATHERINE G MIDuAY EM ORIUM GROCERY (C) CATHERINE G AR 1521 UNIV RS1TY AVE :' CIGARETTE ST. FAUL,'MH 55104 645.3055 15401 MICKEY'S DINER, INC. MICKEY'S iNER CIGARETTE 1950 7TH T W RESTAURANT (5)•MCRE THAN 12 SEATS ST. PAUL,;MN 55116 00• 1 15414 SU?ERAMERICA GR^ : ?, INC. SUFERAMER CA '4020 CIGARETTE 399 LEX1N TON FKL'Y 4 GAS STATION ST. FAUL,'MN 55104 GROCERY (C) 00• RESTAURANT (A)• ZERO-12 SEATS 1 1 E415 SUPERAM.ERICA G =0 ? :!:C S'UPE'r.AMER CA X4023 CIGARETTE 577 SMITH AVE S GAS STATION ST. FAUL,MN 55107 GROCERY (C) GO- RESTAURANT (A)- 2tR0•12 SEATS 1 15772 PHAM, TUAN J CAPITAL M RKET CICArtiit 478 UNIVE SITY AVE ;' OFF SALE MALT ST. ?AUL„ MN 55103 GROCERY (C) 222.3795 15551 CLARK OIL & REFINING COR? CLARK STA 2CN' CIGARETTE L00 CALE -T N ORIGINAL CONTAINER ST. FAUL, MN 55103 GAS STATION 292.0264 • E:36:35 04.04.94 City c Saint Paul, Mirc 1 scta PAGE 2 , RANDOM CIGAR :11: LICENSE FCR is ID Business Name DEA / SUSI :SS ADD., .: License Name MANAGER NAME.. ,563 SUPS ME I D UF ME ' A fL *01 CIGARETTE RA K CA GK L..I? INC 1NC '•A ER: n �� 2: 7TH ST E RESTAURANT (A)• ZER0.12 SEATS ST. PALL, ,N 55101 GROCERY (0) 292.94 GAS STATION 5574 MURRAY, MICHAEL C ",.E COURT -CPFE FORD VENDING MACHINE MICHAEL C. M::R 2550 UNIVE SITY AVE '4 =195 LAUNDRY /DC PIC< U? STA ST. PAUL, ,N 55114 CIGAr,E11c 646.6453 GROCERY (C) 5552 SUPERAMERICA GROUP INC SUPERAMERI A '#44 CIGARETTE 970 UNIVEr ITY AVE ST. PAUL, :,l' 55104 EE7. 6100 15917 JOHNSON, RONALD 3 LLOY.S PF PMACY ORIGINAL CONTAINER 720 SNELL NG AVE N CIGARETTE ST. FAUL, rA 55104 I 64 5•£6:6 5529 MCCANN BRCS CFA1icK:CX :NC Cr 11ER :C EAR CIGARETTE RCSERT D MCCAN 293 SELEYIAVE LJC DN SALE•100SEATS /LESS•C ST. PAUL, 'MN 55102 SUNDAY ON SALE LIQUOR 22E•1230 OFF SALE MALT RESTAURANT (B)-MORE THAN 12 SEATS I . Y5731 H0..'E HERBERT L COZY CANT L1C -ON SALE•100SEATS /LESS•C EV=KT A H0 2C2 CONCD D ST SUNDAY ON SALE LICUOR ST. ;AUL, MN 55107 OFF SALE MALT 224.2;16 I RESTAURANT (B)-MORE THAN 12 SEATS CIGARETTE 5 6 HCTLINE H. "LINE GROCERY (C) „ENNIS M DEVER 175 5TH S E CIGARETTE ST. PAUL, MN 55101 292.9021 5999 SCANLON'S ACE SOX EAR & PU3 INC ACE ECX E R CIGARETTE TEOMAS C SCANL 2162 UNIVRSITY AVE V GAMBLING LOCATION (CLASS C) ST. PAUL, ,MN 55114 RESTAURANT (B)-MORE THAN 12 SEATS 646.5551 I ENTERTAINMENT-CLASS 2 SUNDAY ON SALE LIOUOR L C•ON SALE•100SEATS /LESS•C .36:35 04.04.94 City cf Saint Paul, Minn cta ?A.= 3 RANDOM C1GAnc +;c L;CENSES FCR EA / :US :LESS ADD License NErie KAN ER NAME.. „ I� Business Name - - . 4065 7F:E KEW MANCR :NC — tF"t MANCR ENTERTA :NMENT•CLASS 4 GLYN TRIVISKI 2550 773 S' W SUNDAY ON SALE L:. JCR ST. ;AWL, !N 55i16 RES7AURAN7 (>)•MCRE 7NAN 12 SEATS 690.1771 i GAMELING LOCA7:ON (CLASS E) Li^. ON SALE•CVER 203 SEA7S•A CIGARE77E ' I JUL. -05 94 (TLE 17:17 AUANTIPETROL L'M TEL:612 881 4457 P, C1 s 8 1 a E h's5Jy Ave., 5a- :a.Imutpd'c, td;N 55- "20 ;b12: 8E1. = 83 Sit (412151 .4e57 fz7 July 5, 1994 Mr. Philip Byrne Office of the City Att rney Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Paul, Iinnesota .5102 Dear Mr. Byrne: • A letter from you date. June 24 1994, addressed to me at Total Mart #5662 on White Bear Av ue in St- Paul has been forwarded to me at our Minneapolis office The letter concerns a statutory violation by an Avanti Petrole c employee at the above referenced location. I received the lette this morning from the supervisor of that location. I am not su e at this time when the letter was received at the Total Mart, b the 5 day response time indicated in the letter has obviously !assed. The purpose of my let • - r is to find out how we may proceed at this point in handling the violation. It is my understanding that the employee has admitted to the facts in the allegation, and we are proceeding on the bas's that his position is indefensible. Avanti Petroleum is prepare to take disciplinary action against the employee, but before,doing so, we would like to know what the likelihood is of the .ployee being sentenced under the statute. I have tried calling our office today, but have been unable make contact with anyone n your office. I have chosen to fax this letter to you in the ope of acknowledging the situation, and I am available to discuss his matter with you or your representatives at your earliest convinience. I can be reached at :51 -4483 between 8:00 .AM and 5:00 PM Monday through Friday. Sincerely, ames P. Hill District Manager