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.
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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
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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
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Office of License, Inspections ar.f Environmental Protection Memorandum
June 16, 1994
To: Robert Kessler, Director
Fr: Terry Hislop, Intern i
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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
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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.
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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'
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Office of License, 1nEpections a-: Environmental Protection Memorandum
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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
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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
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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
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=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
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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
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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
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Subscribed and sworn to before me
this 19th day of July,, 1994.
A l f-Ati A- /
Notary •'• lic ex o /o L /...?- 97
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SAINT
PAUL Interdepartmental Memorandum
04
AMA CITY OF SAINT ?AUL
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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.