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94-1189 Council File # 7 l -//g q O R I I N A Green Sheet # ° 7 g�3 te r-- - RESOLUTION SAINT PAUL, MINNESOTA 3 � Presented y Referred T Committee: Date RESOLVED, that the Licensee,i Dennis M. Devere, dba, Hotline (License ID# 15946) for the premises located at 175 Fifth Street East, 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 of this resolution's adoption by the Saint Paul City Council and the Mayor's signatur5. This Resolution and the action taken above are based upon the facts contained in the attached notice of complaint, 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 14, 1994, signed by Philip Eyrne. This action is also based on the circumstances and arguments presented by and on behalf of the licensee during the Public Hearing. 1 Yeas Nays , 'Abse t Requested by Department of: G Offi of License, Inspections and Grimm rimm ,/' Guerin 1./.. Environmental Protection Harris Me qa rd 1./ Rettman L� Thune i O By: fe,1 Adopted by Council: Date 0 1 `qq l Adoption Certified by Council Secretary GO 1 Form Approved by City Attorney By: a. 41 ' r . , By: illtdif g a dleta 8 '/O Approved by or: 1 Date 4 Z L Approved by Mayor for Submission to dCoun cil By : . I By: 1 4 / DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N° O ° 2 t? 4 3 ; LISP 8-10-94 GREEN SHEET CONTACT PERSON & PHONE DEPARTMENT DIRECTOR tTIAUDATE [33 CITY COUNCIL IN tJDAATE , Robert .Kessler A88IBN ® CITY ATTORNEY E CITY CLERK I MUST BE ON COUNCIL AGENDA BY (DATE) NUMBER POR Ie ❑ BUDGET DIRECTOR Q FIN. & MDT. SERVICES DIR. MEM 1 ASAP ❑ MAYOR (of ASSISrArm TOTAL # OF SIGNATURE PAGES 1 'CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Uncontested adverse license a.tion. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL. SERVICE CONTRACTS MUST ANSWER THE FOLLOWING aUEST10NS: PLANNING COMMISSION — CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract tor this department? ` CIS COMMITTEE YES NO — STAFF 2. Has this person/Fenn ever been a city employee? YES NO DISTRICT COURT 3. Does this person/firm possess ekki not normally possessed by any current city ? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all Yes anewira on separate sheet and attach to groan sheet INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who, Whet. When, Whea Why): Sale of cigarettes to a minor Hotline 175 Fifth Street East ADVANTAGES IF APPROVED: L t DISADVANTAGES iF APPROVED: Council Research Center AUG 11 1994 DISADVANTAGES IF NOT APPROVED: 1 TOTAL AMOUNT OF TRANSACTIONS COST/REVENUE RUDCiETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Attorney 9y / g� SAINT PAUL CITY OF SAINT PAUL Civil Division APIC Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 IS West Kellogg Blvd. Facsimile: 612 298 -5619 AAA* Saint Paul, Minnesota 55102 POIMMO July 18, 1994 NOTICE OF COUNCIL HEARING Dennis M. Devere Hotline 175 Fifth Street East Saint Paul, MN 55101 RE: All licenses held by Dennis M. Devere dba Hotline for the premises located at 175 Fifth Street East in Saint Paul Dear Mr. Devere: Please take notice that a hearing concerning the above- mentioned establishment has been Scheduled for 3:30 p.m., August 17, 1994 in the City Council ChambE'rs, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed please find a copy of the proposed resolution, with attachments, for consiceration 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 be imposed. If you have any questions, please call me at 266 -8710. Very Truly Yours, &1C PHILIP B. BYRNE Assistant City Attorney' cc: Lt. Nancy DiPerna St. Paul Police Department Nancy Anderson Assistant Counci_ Secretary Betty Moran Community Organizer District 17 Community Council Robert Kessler, Director LIEP UNCONTESTED LICENSE HEARING y — / /g9 Licensee Nan.e: Hotline Addres: 175 Fifth Street East Date of Council Hearing: August 17, 1994 Violation: Sale of Cigarettes to a minor § 324.07. Date: June 15, 1994 Place: Licensed Prem:ses Matrix Presumptive Penalty:, N/A Recommendation by Assistant City Attorney on behalf of client, Office of License Inspections and Environmental Protection: To impose a $200 fine, for the sale of cigarettes g s to a minor. Attachments 1. Proposed resolution 2. License information 3. Notice of Complaint 4. LIEP Inspection Rel' 5. Letter of licensee or Il ,attorney agreein g not to contest the facts OFFICE OF THE CITY ATTORNEY Timothy E. Marx City Attorney 9.q SAINT PAUL CITY OF SAINT PA L Civil Division Norm Coleman, Mayor 400 City Nall Telephone: 612 266 15 We Kellogg Blvd Facsimile: 612 298 -5619 RAM Saint Pau4 Minnesota 55102 +.ter June 24,1994 Dennis M. Devere Hotline 175 Fifth Street E. Saint Paul, Minnesota 101 RE: NOTICE OF COMPLAI - Dear Mr. Devere: The Director of the Office of License, Inspections and Environmental Protect. will recommend that adverse action be taken against all th= licenses you hold at the above -named premises. This recommen;ation is based on the following: On June 15, _1994 a clerk or other employee sold cigarettes to a mi'or under the age of 18 years in the licensed premises. I This is an offense under Minn. Stat. §609.685 and Saint1Paul Legislative Code §324.07. If you do not dispute th - above facts, and send me a letter to that effect within 5 days, th case will be set before the City Council. You will have a chance o appear and make a statement before the Council as to the prope. penalty, if any, to be imposed. If you do dispute the ab.ve facts, a hearing will be set before an Administrative Law Judg: . At that hearing both you and the City will be able to appear - d present witnesses, evidence and cross - examine the other's witn - sses. The Council will ultimately decide the case. If this is you. choice, please let me know within 5 days, and we will take the ne•'essary steps to set up that ALT hearing. Call me at 266 -8710. Very truly yours, Philip Byrn Assistant City Attorney cc: Robert Kessler Director, LIEP Terry Hislop License Division Lic ID 15 STAT AC I Business Name HOTLINE Address 175 5TH ST E Zip 551C1 Doing Business As HOTLINE License Name GROCERY (C) CIGARETTE Exp Date 03/31/94 Insurance Carrier Ins. Policy Number Insurance Effective Date Ins. Expiration Date NOTE AREA 5/4/94 LICENSE EXP DATE 3/31/94 RECEIVED RENEWAL 4/28/94 RETURNED FOR LATE FEE VC LIC Tax Id 1085793 Worker Comp Exp Date 08/12/94 Telephone 292 -9021 III • [ 'V /e ? Office of License, Inspections ar.f Environmental Protection Memorandum June 16, 1994 To: Robert Kessler, Director Fr: Terry Hislop, Intern i • Re: Cigarette sale to minor compliance ceck operation summary I have been an intern_with LIEP for a pp:cximatel four years. In that time I have y } conducted numerous investigations invoMng various licensed facilities and activities. On June 15, 1994 between the h curs of 2:20 p.m. and 6:28 p.m., I accompanied Melissa Jents, age fifteen (birth date 9- 21 -78), to twenty -two licensed cigarette retail establishments for the purpose o` deterr•i-ing_if such licensees would sell cigarettes to a minor in violation of Section 32.07 of the Saint Paul Legislative Code and in violation of Minn. Stat. § 609.685. Ms. Je ?t's physical description is as follows: caucasian, 5'7 ", blue eyes, shoulder length browni 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 mg eup. On April 21, 1994 it was determined that twenty -two licensed cigarette retail establishments would be investigated 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 list 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 maki hg the total number to be investigated at twenty -two. The investigation procedure cons sted of sending the minor into respective listed establishments attempting to pur< hose a pack of cigarettes. At no time did the minor produce false identification showing an incorrect age. At no time did said minor possess a false identification card or licerse. Af:er 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. I explained that the sale of cigarettes to a minor was made and that this act constituted a gr misdemeanor punishable of up to S500.00, and could result in adverse action against the license or licenses held. I then asked for their name, requiring them to spell it and rec uded it in a copy of memorandum dated April 21, 1994 listing all the establishments to bd 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 teams that due process would be afforded to them. • • 1 \GCG11,1t1 11CIG 1C1a7T7G U. 1111. ll. l.iFla (::.0 u, •• ..• - ............ ,, .. .... this report in an envelope mark' t "Cigarettes and Receipts from 6 -15 -94 Compliance Review Operation." V if—ilf wy wn I s investiga n cigarette e ci the t 10 ent said -to minor establishme Th e f•' lo�� -ing is a t e list of ine such (9) licensees, r the tailers time of did sale and the name of the employee who onducted the sale in the order they were randomly selected: Licensee Time _ _::.e of Sale Name of Employee Total Mart 5:15 p.m. Brent Steele ,x 1529 White Bear Av. N Lic. ID #15178 Capital Market 5:40 p.m. Minh Pham 478 University Ave W Lic. ID #15772 Clark Station 5:50 p.m. John Anderman 400 Dale St. Lic. ID #15851 u� SuperAmerica #4421, 5:56 p.m. Vernon McCalister 970 University Ave W Lic. ID #15882 Hotline 4:22 p.m. Dennis Devere 175 5th St. E Lic. ID #15946 ,e Walgreens 2:30 p.m. Kim Warnar 522 Snelling Ave. • Lic. ID #56215 -/ Amoco 5:07 p.m. Janet Soderberg r� 1200 White Bear ANT:. N Lic. ID #28902 �( Quik Pik 4:46 p.m. Steve Obeidat 993 Payne Ave. Lic. ID #67886 Walgreens 3:28 p.m. Glenda Klaasen X 734 Grand Ave. Lic. ID #65780 Please note that I have attached he document completed in the field (dated 4- 21 -94) which lists the establishments ra dourly predesignated, the times of the each investigation, the names of the e ployees conducting the sales to a minor and any notes. cc: City Attorney's Offic- _ ( W14° P3 ` .?0G t �6 t & to Co' i • • ?-(teei Office of License, 1nEpections a-: Environmental Protection Memorandum 4 6 -15 -94 Cigarette Stir_ Retail Establishment Sites Randomly Selected Retail Estoblisr_.ents (per license printout random generation): Establishment Ti-.e Investiaated Sale(x) Name of Employee 1. Mickey's Nook 492 Ha:nline Ave. S Lic. ID #15110 2. Applebaums 3: D 365 Wabasha St. N • • Lic. ID #15160 • 3. Total Mart tr�n t 1529 White Bear Ave. N Lic. ID #15178 4. Midway Emporium 1 1821 University Ave. W �• Lic. ID #15291 5. Mickey's Diner 1950 7th St. W 3 ' `f Lic. ID #15401 6. SuperAmerica #4020 CI O (o 399 Lexington Pkwy. N Lic. ID #15414 7. SuperAmerica #4023 v G 577 Smith Ave. S Lic. ID #15415 8. Capital Market : —f 0 X ,. ,� ; c, 1 � q 478 University Ave. W ~^ Lic. ID #15772 9. Clark Station 5:5 J o 400 Dale St. 1,, ik��c Lic. ID #15851 10. SuperAmerica #4001 L I : 3 7 296 7th St. E Lic. ID #4001 Establishment Tina Investicated Sale(x) Name of Ennlovee Ds, 79 11. The Court Shoppe 2550 University Ave. W #t95 Lic. ID #15874 l; S: 12. SuperAn.erica #4421 5 s, 970 University Ave. W Lic. ID #15882 13. Lloyd's Pharnacy 720 Snelling. Ave. N 1 ' Lic. ID #15917 14. Chatterbox Bar 3 :3g 393 Selby Ave. Lic. ID #15929 15. Cozy Cantina ` = ( G 202 Concord St. Lic. ID #15931 • 16. Hoy line L/ :Z ,Z �( fSc �n s 175 5th St. E Lic. ID #15946 • i. no rt«.e - 17. Ace Box Bar 6:15- 2162 University Ave. W Lic. ID #15999 18. The Manor 3 10 1 2550 7th St. W Lic. ID -16068 Retail Establishments Where on. laints Have Been Received: 19. Walgreens ��, t.J�:. a r 522 Snelling Ave. S z • 3 0 Lic. ID #56215 20. Amoco V Z -SeJtr 6tf`1 1200 White Bear Ave. N /\ J Lic. ID #28902 (s P • k ` (° •� r� 21. Quik Pik 993 Payne Ave. X S.� O b eidai Lic. ID #67886 22. Wa l g r e e n s 3• z v X G (t c“ t< i, s c 734 Grand Ave. Lic. ID #65780 2 • (1 q ? 5 :35 04.04.94 City cf Saint Raul, ) r, sc'a FAr,_ 1 RA!;00M CIGARETTE LICENSE FCR ST:: ;c ID _usiress Ka-e ,:.A / 5US : ESS A._ License Kc71. MANAZER NAME.. 1110 ERALSEER, MAG.,..ER MICKEY'S OOK C:'CAKt.11.6 492 EA`:L:IE.AVE S.. CR SALE MALT (3.2) 'ST. FAUL, IM4 55115 _OFF SALE KALT 69E -4347 1 RESTAURANT (5)'`':C.E TEAR 12 I. SEATS 1 5160 RCJYCO ;KC ARPHEAUM CfCA E11E :65 eAEAS ST R GrsOC:RY (0) 57. FAUL, IM4 :5102 OFF SALE MALT 000•00:0 I BUTCEER ( :)•..:D C't 15175 A.1'AI TI ?ETRCLE.:'! INC. TOTAL MAR G3.,. :RY (C) .AMES P. MILL 1529 4r1 SEAR AVE 4 GAS STATIC'R ST. FAUL,F:R 55TC•4 CIGARC11t £51.4453 TEE E Y:Dk'AY EY. CP.:UM GROCERY (C) CAThER3KE G AR 1:291 ARiy, CA1.._RII ;_ G _ _. 1£21 UK1V RSFTY AVE • C3GARtI1t ST. rAUI, 55104 645.30:5 ''I 15401 MICKEY'S DINER, :KC. MICKEY'S :K:R C3C-AREITE 19950 774 T +i RESTAURANT (:)•!:✓RE THAN 12 SEATS ST. RAUL, MR 55115 CO. 15414 SURER :AMERICA GROU P, INC. SUR:RAMER CA ;.(020 CIGARETTE 399 LEX3K- ION MY R GAS STA1304 ST. ?AUL,''M4 551C4 GROCERY (C) 00• RESTAURANT (A)• 2:R0.12 SEATS :415 SL'FERA!'.ERICA C=OQ? :NC SUFERA!'.ER' CA -4023 CIGARETTE 577 SMIT' ■ AVE S GAS STAT1OR ST. FAUL, 55107 GROCERY (C) DO- RESTAURAKT (A)• 2ER0.12 SEATS 15772 F. -.AM, WAR J CAPITAL r.KEl C:GARc116 L73 UK3 :'E .SITY AVE. 4 CFF SALE MALT ST. 'rAUL, M4 55103 GROCERY (C) 2 222.3795 ;5E51 CLARK OM & REFIR3KG CORP CLARK 57',2CN' CIGARETTE 400 :ALE T N -- CR3GIVAL CONTAINER ST. FAUL,I NR 55103 GAS 51A1104 292.0 • gV • =5:35 C4•04•S4 City .. Saint Fa.I, Mir seta FACE 2 RANDOM CISA,:I4: LICENSE FCR ST:: 'c :D _.:stress Kane cA / c' -'S• :SS A _.. .: License Kame `0; _ER 55 SU ?EF,i,MER :CA :'r. ':? :NC SUF_cA!.ER: ..k g4DC1 C :GAR :Ilt 2;5 7171 ST E RESTAURANT (Ai• IERC•12 SEATS ST. FAUN r I A 55101 GROCERY (C) • _ 2 2.5=20 • CAS 51ATICN 5574 MURRAY, MIC'4AEL C 7FE COs.T ....rFE FOOD VENDING M•CEINE r.ICAEL C. M::R 2 2550 UNI" E .SITY AVE .' ;5 LAUNDRY/DC ?C( 'U? STA ST. FAUN •+ 55114 CICAr. :I it 546.5455 GROCERY (C) :552 S:.'T:RAMER :CA GR .:? :NC SURERA".E 'CA =4421 C:GARE1IE 970IN:VE 511Y AVE . ST. ;::UL, 'L9 55104 22"7.61;0 .0:-•RSC°J, RONALD 3 LLC'. S ?= =MACY ORIGINAL CONTAINER 720 SNELL INS AVE H CIGARETTE ST..-UL,M\ 55504 6'5•£:15 -29 MCCANN BRCS C:AIi :.._CX :KC CFA:,:R_C EAR CICARtIiE RCEERT D MCCAN 353 SELEYAVE LIC•ON SALE•SCOSEATS /LESS•C ST. FAUL, MN 55102 SUNDAY ON SALE LIDUCR 22E-12” OFF SALE MALT RESTAURANT (5).M:RE TEAK 12 SEATS ;31 HC:'E } :RB :RT L COZY CANT IA LIC.ON SALE•1OCCSEA7S /LESS•C E:R::,T A F.0 :'E 22 CCNCCD ST SUNDAY ON SALE LICUCR ST. FAUL,''M4 55107 OFF SALE MALT 224.2 ;15 RESTAURANT (3 )•MORE TERN 12 SEATS CIGARETTE =5 FOILIKE . T1 :NE I GROCERY (C) _FINIS M LEVER 175 STK S E tIL•�r. :IIE ST. PAUL, MN 55101 2 ;2•FC21 5. =9 SCANLON'S ACE _CX EAR & ?U3 :NC ACE ECX _ CIGARETTE TROMAS C SCANL 21 L•NIV RSITY AVE 'a GAMBLING LOCATICN (CLASS C) ST. FAUL, MN 55514 RESTAURANT (%)•MORE THAN 12 SEATS 6L 4.5551 ENTE'r.TAIIMENT•CLASS 2 SUNDAY ON SALE LICUCR LIC•CN SALE- 10CSEATS /LESS•C i it . =6.:5 C4-C,•S4 Ci,y cf Saint Fa—A, Mr.. c:a 3 g9 1/ P %AK;CM C:Grnci._ L :Cc KS: FCR 57 :L / LS'!. SS License Kane ".'.!;...cK ! ;• ;"._•• _ :� _.:SinESS Ka -. .: _ 5 S::S 7`_ KE'.! KAYCR :}.'C — 155: `,= !.CR El:, :nir :!:MSRi•CLASS 4 :IP.4 "AlV :SKI 2550 771 S W S KS;,Y CH SALE i :^. :R ST. ;AA, .4 5:156 :._S;A:z;,!.'T (i)•i'.C._ 7=.,;U 52 SEM S 6c:-1771 G;,KcL;RG LCC.C7:C'4 (CLASS 3) L7.•C' SALE -CV:a 2C4 Sch7S•A CJG;.,E77E I III I STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Natasha Edwards, being first duly sworn, deposes and says that on July 19, 1994 she served the attached Notice of Hearing on the following named person by placing a true and correct copy thereof in an envelope addressed as follow: Dennis M. Devere Hotline 175 Fifth Street East Saint Paul MN 55101 (which is the last kncwn addresses of said person) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. I ��Y�� 6 n�� ^nf � i� CORINNE A. MARTENS NATASHA EDWARDS .'! NOTARY PUBLIC — MINNES )TA 'Vs... WASHINGTON COUNTY My Commission Expires 10-13-97 r • Subscribed and sworn to before me this 19th day of July,, 1994. A l f-Ati A- / Notary •'• lic ex o /o L /...?- 97 1 g7 SAINT PAUL Interdepartmental Memorandum 04 AMA CITY OF SAINT ?AUL • DATE: July 14, 1994 TO: File FROM: Phil Byrne RE: Hotline Cigaz'ette Sale I talked to Mrs. Elizabeth Devere this morning, and she indicated that they do not contest the facts in this matter. I told her that I would schedule this before the Council, and that the customary penalty for & first offense was a $200.00 fine, and she was agreeable to that procedure, having knowledge of the likely outcome.