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94-1431 Council File # a�—�� Green Sheet # O R I G I N A L RESOLUTION CITY OF INT PAUL, MINNESOTA � Presented By Referred To Committee: Date 1 2 3 4 RESOLVED, that the groce (C) and cigarette licenses held by Anouar 5 Khamassi, for the premises at 169 orth Victoria Street in Saint Paul, are hereby 6 suspended for five days, with three ays' suspension stayed for a period of one year, the 7 two days' suspension to be in force n October 23 and 24, 1994. 8 9 FURTHER RESOLVED, t I t the licenses are further conditioned for the present 10 and for future renewals on the foll 'ng two conditions, which are recommended by the 11 Administrative Law Judge (AL,J) in I this case: 12 13 1. Except for items DESIGNE FOR USE IN CAP GUNS, the licensee shall sell 14 no items containing any flas e�losive, gun powder, black powder, or any 15 explosive powder without fir obtaining a written opinion on its legality from the 16 Office of the Saint Paul City ttorney; and 17 18 2. The licensee shall cooperate 'th any and all law enforcement personnel 19 operating in the course of th ir duties regarding the operation of the business and 20 as it relates to the surroundi g community. 21 22 FURTHER RESOLVED, th t the findings of fact and conclusions of law 23 contained in the AIJ Report in this I case, are expressly ratified and adopted as the 24 written findings and conclusions of e Council in this matter. The reasoning of the 25 Memorandum of the ALJ attached the findings and conclusions is adopted. 26 . �� a�� 1 9��143� 2 4 5 This Resolution is also base I on the record of the proceedings before the ALJ, 6 including the heaxing on August 1 1994, the documents and e�chibits introduced therein, 7 and the arguments and statements f the parties on September 21, 1994, and the 8 deliberations of the Council in ope i session. 9 10 A copy of this Resolution, adopted, shall be sent by first class mail to the 11 Administrative Law Judge, and to e licensee. 12 13 14 � 15 16 Yeas Na,� Abs nt Requested by Department of: a e arris rimm uer n e ar e man �� une BY � �[1 � � Form Approved by City Attorney Adopted by Council: Date . Adoption Certified by Council Secreta y By: . Z Z_ � B y� °� � Approved by Mayor for Submission to - lC Council Approved by a r:�, DatQ C� �� B ��'� ,� �.; � By' y� , q�..� �� oE ,� �� o N� 2 9 4 a; � P 9-G3- 4 �i��E� �E"��E P s� � oEa�ar�r�roa� �� u►w�►rE ❑ cm �` : irim i !, � . Robert Kessl er �66-9112 � � cmn�r � cmc�roc �. j oN w�ci� �a► ta► � � suoaer aRecto ��. a Mc�r. sgav�s aR. , „ � wu►ro� coR nss�sr � ; TOTAL # OF SKiNATURE PlRtiES � ` � (CLI ALi. LOCA710N8 FOR SKiNATUR� e � AGTION RE(�IESTED: , r � Adverse Action- � For two (�) day suspension of Class grocery'li'cense and c�igarette license. ; � REf�OMMENDATIONS: llpprova �A) a Re�ct (it3 RSONAl. �ERVICE CONTRACT'S MUBT ANSMIER TME FOLl01MIMQ 0UH8T10N8: � _ PLANNINO COMMI8810N _ CIVII SERVICE COMMI3SWN 1 H88 M16 plqOMflRI 9Vlf WOfked ufMofi t COT1tf1�t fOf Mit d6ps�b11N1t? � YES NO ;� _ cie GowMrTiEe — Hes this psrsoNfirtn sver bssn a city employee? . _ STAFF _ � YE8 1�10 - � , _ D18TRICT COURT _ Do9s Mtis psrtOMNIT11 p0ealE6 fl SkNI nOt nortn�NY P� bY �Y �� Y �Pb'Y�� ; SUPPORTS VI�IICH COUI�IL OBJECTIVE9 YES NO `' k p1�Uf all yp �n�w�n on Np�reN1'thNt N1d.att�d�� O1'Nn �hNt � � �. � � INITlATMIG PROBLEM. 188UE. OPPARTUNITY iVNw. Whet. When. Y�A�sre. WhY z Illegal fireworks sales and failure cooperate with the Police. �� _ �: � `� `� �_ _� � AOVANTAOES IF APPROVED: ; � ;fi L `� 'a E�EIVED � ; R = ' SEP 2 � � � � �� ' D18ADVANT/1OE81F APPROVEO: � � � '7 � � i SEP 2 3 1994 �. x� , _ r , ,. ;� �. ; ., DISADVANTAOE8IF NOT APPROVED; "s: • , * ,, � s TOTAL AMOUNT OF TRAN8ACTION = COST/REVENUE BUDOETED (CIRCLE ONE) YEf ' NO , FUNDING SOURCE ACTIVITY NUMBLR FINANCIAL INFORMATION: (EXPLAIN) � � � . . . . . . . . . S . NOTE: COMPLETE DIRECTIONS ARE )I�D' IN THE �R�N SHEET INSTRUCTIONAL MANUAI AVAiLA$LE iN THE PU� OPFICE (PHONE NO. 298-4225). " . ROUTING ORDER: ee�ow are oorrect rou� �� tne twe most rrec�usAt types ot cbcumems: . CONTRACTS (aasumea authcuized b�udget exisis) COUNCIL R�SOI.11T�0t+l (M�d �udpsWAcapt. (3ranb) i. Outsids Age�c�y . t. Depar�nnent Direc�or : 2. Dspartment Oirector 2. Budget Drcector � 3. Ciy AKomey 3. City Auomey 4. Mayor (for contrects over 515,000) 4. Mayor/Asaistant . 5. Human Rights (for conbacta � 550,000) 5. Ciy Counctl 8. Finance and Manegement 3ervices Diroctor 6. Chief Accountant, Finanoe �d Manapement Servioes 7. Finance AcCOUndnp AQMINISTRATIVE ORDEF3S 1�� Reviabn) COUNCII. RESOLUTION (a� Wh�►s. end OMMences) 1. Activity Manager t. Departmsnt Dtrector . 2. Depertment Accountant 2. Gity Atlorney 3. Department DireCtor 3. Mayor Aasistent 4. Budget DireCtor 4. City CounCil 5. City Clerk 6. Chbf Accountant, FManoe arui Management Servk:es ADMINISTRATIVE ORDEAS (ali oth�s) � 1. Department Oirector 2. City Attorney 3. Finance and Manegemsnt Servk:es Director 4. City Clerk ' TOTAL NUMBEFi OF SIGNATURE PAGES indicate the �of pagea on which aigneturea aro r�quired and papKClip or t�q Nch of thys pp�s. ACTION REGIUESTEO Descrlbe whst the projeoUrequest seeks to accomplish in eithe� chrorrologi- cal order or ordsr of impwtance, whfchever is m�t approp►iate tor the issue. �o not write complste se�tences. Bepin each ilem in your Ifst with � a verb. REC�MMENDATIONS Complete ii the iasus in quesiion has been press�ted before any bod�r, pubiic w privats. ; SUPPORTS WHICH CQUNCIL OBJECTIVE? Indfcate which Council objective(s) your Pro�s�cUrequest supports by IistlnQ the key word(s) (HOU31N(�i, RECREATION, NEI(iHBORHOODS, ECONOMIG DEVELOPMENT, BUDC�ET, SEWER SEPARATION). (SEE COMPLETE IIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERViCE CONTRACTS: This information wiN bs used to dstarmine the ciy'a Habiliry tor workers compensation claims, tax�s �nd ptop�r ctvlL ssrvice M�inp ndss. ` �Y �' INITIATINCi PROBLEM, ISSUE, OPPORTUNITY � :' Explain the situation or conditions fhat created a need tor your project or request. ADVANTAGES IF APPROVED Indicate whbthe�` this is aimpiy an annual budget procedure required by tawJ charter or whsthsr there are s�cific ways i� which the City oi SaiM Paul and its citizsns wiN benatit from thls projecUaction. DISADVANTA4ES IF APPROVEO What negative eMects or major chsn�ss 4� existir�g or past proceases migM � UNa projecthequest produce if it is.pasaed (e.g.. traBic delays. nofae. tax increases or assessments)? To Whom4 When? For how long? . � DISADYANTAf3ES IF NOT APPROVED � What will be the ne�atfve consequences if the promised actio� is rrot � epproved7ln�bility to deliver senrice� Contl�ued high traftic, noise, � accident rate4 Loss ot revenue7 FINANCIAL IRAPACT Although you must taibr the informallo�i y4u provide hero to the lsaue you are,addroasi�g, in,general you must ar�sv� two quesUa�s: Mow much is it , going to cost4 Wha is goinp to pay? OFFICE OF THE CITY ATTORNEY �mothy E. MarX Ciry Attorney � f1 1/"LJ ✓— CITY OF SAINT PAUL' cNa DNUton a y " ��`� � Norm Coleman, Mayor 400 Ciry Hall Te[ephone: 612 266-8710 IS West Kellogg Blvd Facsirnile: 612 298-5619 Saint Pau� Minnesota 55102 •r.r� August 30, 1994 NOTICE OF COUNCIL HEARING Mr. Anoura Khamassi Your Food Market �� S@B�SC�'1 ��` 169 North Victoria Street Saint Paul, Minnesota 551 4 �� 3 a�gg4 Re; Licenses of Your Food Market Dear Mr. Khamassi: � -- ------- - ._ Please take notice tha a hearing on the report of the Administrative Law Ju ge concerning the above-mentioned establishment has been sch duled for 3:30 p.m., September 21, 1994, in the City Council Chambe s, Third Floor, Saint Paul City Hall and Ramsey County Courthouse• You have the opportunity to file exceptions to the report with Nancy Anderson, Assistant Secretary to the City Council, at any time during normal busin ss hours. You may also present oral � written argument to the uncil at the hearing. No new evidence will be received or testi ony taken at this hearing. The Council will based its decision on the record of the proceedings before the Administrative Law Judge nd ont he argument made and exceptions filed, but may depart fro the recommendations of such Judge as permitted by law in the e rcise of its judgment and discretion. Very truly yours, . _ �� Phili B. Byrne Assistant City Attorney cc: Robert Kessler I Director, LIEP Officer Kathleen A. Li bgott SPPD NW Team Station Gregg De Shon Summit-University Pla ning Council 627 Selby Avenue Saint Paul, Minnesota 55104 Nancy Anderson Assistant Council Sec etary STA E OF MINNESOTA � OFFICE OF DMINISTRATIVE HEARINGS 100 W shington Square, Suite 1700 �� -�� _ 100 ashington Avenue South �r• .`. Minne olis, Minnesota 55401-2138 �� G Au ust 30, 1994 �� • � g ��p 2 19g Nancy Anderson Assistant Secretary to Council Research St. Paul City Council � 310 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In the Matter of the Cit of St. Paul vs. Anouar Khamassi d/b/a Your Food Market; OAH Docket No. 62-2101-8949-3 Dear Ms. Anderson: On August 26, 1994, Admi istrative Law Judge Mosman served the Findings of Fact, Conclusions and Reco endation in the above-entitled matter. Enclosed please find the offi ial record. A copy of the tapes of the hearing will follow at a later date. Our file in this matter is now being closed. Very truly yours, r --� ..-�'�Q�,�lj `��t • /«�u`'b � N ncy M. Thomas Docket Clerk Telephone: 612/341-76T5 NT Enc. cc: Philip B. Burns, Asst. C ty Atty. Anouar Khamassi �--°�" � '�°'�� L Providing Imp ial Hearings for Government and Citizens A Equal Opportunity Employer Administrative Law Section & Administrative Se ices (612) 341-7600 • TDD No. (612) 341-7346 � Fax No. (612) 349-2665 q� - ! �131 AF IDAVIT OF SERVICE STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Joan F. Harper of the City of Richfield, County of Hennepin, State of Minnes ta, being duly sworn, says that on the 26th day of August, 1994, she served the annexed Findings of Fact, Conclusions of Law and Re ommenda�ion on Anouri Khamassi YOUR FOOD MARKET 169 N. Victoria Street St. Paul, MN 55104 by mailing to him a co thereof, enclosed herewith, postage prepaid and by depositing ame in the post office in Minnneapolis, Minnesota. � ,., ; � ..,;.� _,,t:_ ��. -f`. �,� _.�.;� � �.--<.. Jqan F. Harper f Subscribed and sworn to b fore me this 26th day of August, 994. V L Notary Publi .�N� TERESA J. VANpERWERF �I NOTARY PUBLIC • MtNNEgpTA DAK4TA C{)UNTy '� MY Commission Ex ires J�+N, _ ¢ �0. 1999 �� q�-I43J OAH No. 62-2102-8949- S ATE OF MINNESOTA OFFICE 0 ADMINISTRATIVE HEARINGS FOR HE CITY OF ST. PAUL In The Matter of FINDINGS OF FACT, ANOUAR KHAMASSI, Licensee CONCLUSIONS OF LAW d/b/a YOUR FOOD MARKET AND RECOMMENDATION The above-entitl�d m tter came on for hearing before Richard A. Mosman, Administrativ Law Judge, commencing at 9:00 a.m. on August 18, 1994 in the f urth floor meeting room, St. Paul Main Library, 90 West Fourth treet, St. Paul, Minnesota. The record closed on August 18, 1994 Phillip B. Byrne, As istant City Attorney, City of St. Paul, 647 City Hall, St. Paul, innesota, 55102, appeared on behalf of the City of St. Paul. Anouar Khamassi, Licensee, 169 North Victoria Street, St. Paul, Minnesota, 55104, participated in the hearing. This report is a rec mmendation, not a final decision. The St. Paul City Council will make the final decision. After a review of the record, it may adop , reject or modify the Findings of Fact, Conclusions of Law and Re ommendation contained herein. Parties should contact Alberto Q'ntela, Jr., City Clerk, St. Paul City Council, 286 City Hall, St Paul, Minnesota 55102, to ascertain the procedure for filing exce tions or presenting arguments. ST TEMENT OF ISSUES The issues in this pr ceeding are whether the licensee, Anouar Khamassi, d/b/a Your �'ood Market, should be subject to revocation or other adverse action f r violation of law and other activities in violation of St. �`aul egislative Code, Section 310.06(b)(6), (7) and (8). Based upon the testim ny presented, arguments of counsel, and documents and proceedings erein, the Administrative Law Judge make the following: F NDINGS OF FACT 1. Anouar Khamassi, d/b/a Your Food Market, is the holder of License No. 11088, Cigaret e and Grocery (c) license to operate a convenience style grocery ocated at 169 victoria Street North, St. Paul, Minnesota, 55104. q�4 -►�3� 2. The licensee wa sent a Notice of Hearing by U. S. Mail at the licensed premises on July 15, 1994. 3. On June 23, 19 4, Officer Kathleen A. Liebgott, entered the licensee's business remises while on duty and in uniform to inquire about products n a small yellow box she had observed juveniles had as they lef his store. Once outside, the juveniles removed the contents in rder to throw them at passing motorists from locations immediate outside the store. 4. The actions b the juveniles of throwing objects at moving vehicles created a istraction that was hazardous to traffic and pedestrians in the a a. 5. Mr. Khamassi ave the officer untruthful or evasive information about the ow ership of the store and identity of the person with authority to hom she could address her inquiries. When asked, he accepted o responsibility for the actions of the juveniles to whom he had sold his products and did not express a willingness to cooperat with the officer when told of the disruptive activities of his patrons immediately outside of his establishment. 6. Mr. Khamassi ha displayed for sale a product named "Snap n' Pops�� which came in a small yellow box which the officer had seen juveniles take from he store. The officer confiscated some of this product and con ulted a member of the St. Paul Police Department Bomb Squad reg rding whether this product qualified as prohibited fireworks in ccordance with M.S. 624.20. She was advised that the produc� s prohibited. She returned to the store and confiscated an amount of the product advising the licensee not to sell the product. e yellow boxes contained a number of snappers which appeared to be small, cloth or paper wrapped capsules approximately 3/ '� long by 3/8" wide. See Court Exhibit 7. 7. The officer al o confiscated another product known as ��Champagne Party Popper�� a small, blue wrapped product. The ��Poppers" are wrapped in p per, round in shape approximately 1 1/2�� high and 3/4�� in diamete . A string extended from one and made noise when the string was pulled. The label indicated the Popper was "flammable�� and conta'ns ��0.25 grains of powder or less". See Court Exhibit 8. Eighte n boxes of Snap n' Pops and 66 Party Poppers were confiscated y the officer. The licensee received a citation for selling fire orks. 8. Sgt. Michael D ews, St. Paul Police Department Bomb Squad, testified that bot the Snap n' Pops and the Party Poppers were designed for a vis ble or audible effect by combustion, explosion, deflagration o detonation and contained an explosive compound that qualified as "explosive fireworks" in accordance with M.S. 624.20. Sgt. Drews had not opened either the Snappers or Poppers and was not abl to identify the type or quantity of 2 q�-��31 compound contained in e'ther of the products confiscated from licensee's store. 9. Mr. Khamassi dmitted to misleading the officer by telling her his broth�r wned the business and by giving her the store telephone number as the number to use to contact his brother. Mr. Khamassi did admit to eing uncooperative with Officer Liebgott but testified that he ha cooperated with the police in the past, providing information an he had stopped selling eggs to kids when he was told they were be' g thrown at cars. 10. The licensee b lieved the products he sold to be legal when he offered them for ale. il. Donald Rezac, /b/a DBR Enterprises, Inc., Lakeville, Minnesota supplied the li ensee with the products in question. He testified that he had ad 'sed the licensee that the products were not prohibited under �tat law and, as assurance, had given him a summary of state laws on ireworks. See Lic. Exhibit A. 12. Mr. Rezac demon trated the Snap n' Pops by squeezing one between his thumb and f refinger producing an audible popping sound. The sound was les than that of a exploding small balloon. 13. Mr. Rezac testi ied that during the summer of 1994, he sold both of these produc s to approximately 100 stores within the City of St. Paul and 400 t tal stores within the metropolitan area. Prior to selling these pr ducts, he had checked with his supplier who had given him the s mmary of state laws. He had further checked with the Minnea olis Police Department and gotten an informal opinion that the roducts were not prohibited from a desk sergeant on duty at a pre inct. He testified that he had had no other problems or question on either of these products from any of his other customers duri the period in which he delivered his products, approximately une 1 through July 15. He is not presently selling or dist ibuting this product. Based upon the forego'ng Findings of Fact, the Administrative Law Judge makes the follo ing: CO CLUSIONS OF LAW 1. The St. Paul C'ty Council and the Administrative Law Judge has jurisdiction i this matter pursuant to Minn. Stat. Section 14.55 and 340A.41 and St. Paul Legislative Code Section 310.05 and 310.06. 2. The City of St. aul has fulfilled all of the relevant, substantive and procedural requirements of law and rule. 3. The St. Paul Legislative Code, Section 310.06, Revocation; Suspension; Ad erse Action; Imposition of Conditions, 3 ��-1�13I provides in pertinent pa t as follows: "(b) Basis for Action. Such adverse action may be b sed on one or more of the following reasons, which are in addition to any other reasons specifically provided law or in these chapters; 6. (a) The icensee or applicant --- has viol ed or performed any act which is violation of, any of the prov' ions of these chapters or of any s atute, ordinance or regulation r�aso ably related to the licensed activ'ty, regardless of whether crimi al charges have or have not been brought in connection there ith; (c) The icensee or applicant --- has engag d in or permitted a pattern or pract ce of conduct of failure to cum,pl with laws reasonably related to t e licensed activity or from which an inference of lack of fitne s or good character may be drawn " 8. "The licen ed business, or the way in which su h business is operated, maintains or permits conditions that unreasonab y annoy, injure or endanger the safety health, morals, comfort or repose of any considerable number of members of the public." 4. The licensee was evasive, uncooperative, or untruthful in his dealings with the pali e officer on June 23, 1994, when she was in official capacity mak ng inquiries about the nature of his business and activities i ediately around his establishment. 5. Minnesota Stat es regarding fireworks provide in pertinent part as follows: "The term "fire orks" means any substance or combination of s bstances or article prepared for the purpose f producing a visible or an audible effect by combustion, explosion, deflagration, or detonation and includes --- any fireworks ontaining any explosive or flammable compo d, or any tablet or other 4 q�-��3� device contain ng any explosive substance and commonly used as fireworks." M.S. 624.20 subd. 1. "As used in ". explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gun pow er, black powder, or any other explosive com und constructed to produce detonation or deflagration". M.S. 624.20 subd. 2. "...It shall b unlawful for any person to offer for sal , expose for sale, sell at retail or whol sale, possess, use or explode any firewar��.s." M.S. 624.21. 6. The Snap n' Pop and Party Poppers are not specifically listed as prohibited in t e statute. Neither the specific content of the products nor th quantity contained in the individual products were identified t the hearing. 7. The licensee di question his supplier and acted in good faith in selling the Sna n' Pops and Party Poppers in question, believing them to be lega product. 8. The licensee wa evasive, uncooperative or untruthful in his dealings with the pol' e officer conducting her duties and was not forthright in his act ons. 9. The license� is not totally responsible for the actions of the numerous juveniles ho congregated and engaged in disruptive activity outside his prem ses. The licensee knew, or should have known, that his sale of e Snap n' Pops did allow his juvenile customers to engage in ac ivity that was annoying, disruptive and to some degree, endangere the safety, comfort and repose of the passing motorists contrar to St. Paul Legislative Code, Section 310.06(b)(8). Based upon the foreg 'ng Findings of Fact and Conclusions of Law, the Administrative L Judge makes the following: ECOMMENDATION IT IS RESPECTFULLY RE OMMENDED that the St. Paul City Council take the following adve se action and attach the following conditions to the license held by Anouar Khamassi, License No. 11088: 1. That License No. 11088 be suspended for a period of five (5) days. 5 a�-��► 2. That impositi of four days of the suspension be stayed for a period of one (1) ear conditioned upon compliance with all conditions placed by �4h City Council upon said license. 3. That conditio s be placed upon the license as follows: A. Except f r items DESIGNED FOR USE IN TOY CAP GUNS, he licensee sell no items containing an flash, explosive, gun powder, black powder, or any explosive powder without first obtain' g a written opinion on its legality from the Office of the St. Paul City Attorney. B. That the licensee cooperate with any and all law enforc ment personnel operating in the course of thei duties regarding the operation of the busin ss and as it relates to the surrounding c unity. C ichard A. Mosman Administrative L Judge NOTl:CE The City Council is requ sted to serve its final decision by first class mail upon each party in the Office of Administrative Hearings, 100 Washingt n Square, Suite 1700, Minneapolis, MN 55401-2138. Record: The proceed�n s were tape recorded. 6 q�-t�►�i The ALJ found the i sues in this case to be synthesized onto two: 1. Whether the li ensee's conduct in violation of St. Paul Legislative Code by bein operated so as to unreasonably annoy, injure or endanger the sa ety, health, morals or comfort or repose of a considerable number f the members of the public. Section 310.06(b)(8) 2. Did the Snap ' Pops and Party Poppers sold by the licensee constitute a sal of ��explosive fireworks " prohibited by state law? It was clear that th licensee had sold quite a number of the Snap n' Pops and Party Poppers to juveniles from the corner location of his store, Se by and Victoria. He knew or should have known by the activities nd chatter of the juveniles making the purchases that they wer involved in disruptive and annoying behavior immediately out ide of his store. Although he did not have 100� control of the juveniles outside his store, he had the opportunity to defuse t hazardous and disruptive activity by limiting the supply of th items that the juveniles were using in their assault on passing motorists. His refusal to do so was irresponsible and directl contributive to the continuation of an annoying nuisance taking lace in the community. Further irresponsib'lity was demonstrated by his evasive, uncooperative and untruth ul answers to legitimate inquiries made by a uniformed officsr i conducting her duties. The licensee intentionally misled the fficer as to the identity of the owner, a means of contacting th owner, and his own involvement in the ownership of the busines . His claim that this was caused by nervousness when being co fronted with a uniformed police officer making inquiries was not redible. The licensee did com ly with the officer's request to remove the Party Poppers from th counter. The demonstrated lac of cooperation by this licensee may have been caused, to some degr , by inexperience although he testified that he had dealt with po ice officers in the past and cooperated regarding criminal invest gations. It is the belief of the ALJ that this has been a learn ng expexience for this licensee and that his cooperation may well e more ��ppropriate in the future. The question of wh ther the items sold fell under the statutory definition of "explosive fireworks" is somewhat troubling. The statute p ohibits ��any'� product that contains any type of explosive and t ere is no diminutive amount that is permissible. The only ception is "...toy pistol caps which contain less than 20/100 g ains of explosive mixture." M.S. 624.20 subd. 1. ��l- ��3� Although the demon tration of the Snap n' Pop generated approximately the same ount of noise as a toy pistol cap, the statute does not make an xception for such an item. There was no evidence of the type or ature of the content of the Snap n' Pop which appears to be a clo h or paper covered capsule approximately 3/8 of an inch long by 3/ of an inch wide. There was no evidence indicating what was insi of the product or how it was detonated or what caused the noise. The box containing the Snap n' Pops indicated it was made in hina, that it was "registered fireworks�� and the caution that i should be used outdoors under adult supervision, not by chi ren under eight years of age. Court Sample Exhibit 7. The P rty Poppers were labeled as containing less than 0.25 grains of owder, the same content as indicated for a toy pistol cap. If t ere were a diminimus category for the classification of firewor s, the ALJ felt that these products both would fall within it. The ALJ found cred' le the claim by the licensee and the supplier of these product that they had checked and felt confident that both products did t fall within the prohibitions of the fireworks statute. Altho gh their sources may not have been 100°s authoritative, they had each made some effort to confirm the legality of the sale of t e product. The fact that these products apparently were rather idely distributed and sold within the metropolitan area also r'nforced their belief that the sale was not prohibited. The LJ found that the licensee did not intentionally violate the law. c:\wp51\ram\khamassi.rpt � q�� AF IDAVIT OF SERVICE STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Joan F. Harper of the City of Richfield, County of Hennepin, State of Minr,e ta, being duly sworn, says that on the 26th day of August, 1994, she served the annexed Findings of Fact, Conclusions of Law and Re ommendation on CITY OF ST. PAUL OFFICE OF CITY ATTORNEY 647 City Hall St. Paul, MN 55102 Attn: Mr. Phillip Byrne Assistant City Att rney by mailing to him a co y thereof, enclosed herewith, postage prepaid and by deposi�ing same in the post office in Minnneapolis, Minnesota. �+� r�,�� .�,�,� : v Jo,an F . Harper �� .% , Subscribed and sworn to b fore me this 26th day of August, 994. V Notary Pu i ��iwer � `� 7 ��f = �ESA J. Vxl�1t'3EF?;1/�RF fi�� Nl7iARY' PUgIiC • A„iNNESCJ?A � DAKC:TA C�)�j�J�r M!' Car,rn►�^;ion ExPires,i,�.N, ?C, iggg �� OFFICE OF THE CITY ATTORNEY �� A�� CITY OF SAINT PAUL � cx►�r� � '' ]Vwm CoJairaN, Mayior �00 Qiry Hall Tdepl�or�e 612 Z�66�8'110 ZS Wcst 1 �apogg Bl��d Fac�vnr7c 612 2A�S619 2A S�rt Pm� 11/'mnesnta 55102 Auqust 16, 1994 CITY�B EXHIBIT INDER In re tbe Licenses of An ar Rhamassi, dba Your Food Market for the premises located t 169 North Victoria Street, St. Paul. Hearinq Date: Auqust 18, 1994 EXHIBITS Notices and License 1. Notice of Hearing ( pp.) 2. Initial Notice of C rges )2 pp.) 3. License Information Ordinances and Statutes 4. Sections 310.05-.06, Saint Paul Legislative Code. (5 pp.) Hearing procedures nd grounds for adverse license actions. 5. Sections 624.20-.25, Minnesota Statutes. State laws relating to the sale, posses ion and use of fireworks. (2 pp.) Police Report(s) 6. Report of Officer K thleen A. Liebgott, C.C. No. 94-087-455, relating to her obs rvations on June 23, 1994. • ' y � OFFICE OF THE CITY ATTORl�'EY Timorhy E. Mnrx, Qry .lnorn�y �! �'( 6 �' L.� � CITY OF SAINT PAUL I a��i D��o� A'orm Cole�r.cn, Mc�•or 400 C7ry Hall Telephoru: 612 266-8i10 IS 1i'est Kellogg Blvd. Facsimile: 612 298-5619 Scint Paul, Minnesota 55102 �� t , July 15, 1994 � NOTICE OF HEARING Mr. Anoura Khamassi Your Food Market - 169 North Victoria Street Saint Paul, MN 55104 RE : All licenses held by noura Khamassi, dba Your Food Market for the prEmises located at 169 North Victoria Street, Saint Paul (License ID No. 1108 ) Dear Mr. Khamassi: This is to notify you th a hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: August 18, 1994 Time: 9 a.m. Place: Downtown M in Library 4th Floor eeting Room 90 West 4t Street Saint Paul Minnesota 55102 The judge will be an Adm nistrative Law Judge from the State of Minnesota Office of P.dmin strative Hearings: Name: Richard Mo man Office of dministrative Hearings Suite 1700 100 Washin toa Square Building Minneapoli , 2�1 55401-2138 Telephone: 861-3331 The Council of the City of Saint Paul has the authority to provide for hearings concerning 1'censed premises, and for adverse action against such licenses, und r Chapter 310, including sections 310.05 and 310.06, of the Saint aul Legislative Code. In the case of licenses for intoxicating nd non-intoxicating liquor, authority is also conveyed by sectio 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions. � � _ crt�r Ex�t��r � 8 _,�-9� _ �� q�l - ��31 Evidence will be present d to the judge which may lead to adverse action against all the 1'cen=es you hold at the above premises as follows: "A police report dat d June 23, 1994, by Officer Liebgott of the Saint Paul P lice Department, indicates that you taere very uncoopera ive with the officer's efforts to investigate and solv a problem with the sales of certain fireworks materials from your store. You were not truthful or helpful in your answers to her questions. You were selling aterials which were classed as fireworks and should not have been sold. This activity tended to create pro lems for the surrounding community._ ' The sale of such fir works is a violation on Minn. Stat. 624.20-.25. In addition, eviden e will be introduced as to other • occasions on which you were uncooperative with the' police. These facts constit te the basis for adverse action against your licens s under section 310.06(b) of the Saint Paul Legislati e Code." You have the right to be represented by an attorney before and during the hearing if you o choose, or you can represent yourself. You may also have a pers n of your choice represent you, to the extent not prohibited as nauthorized practice of law. The hearing will be condu ted accordance with the requirements of sections 14.57 to 14.62 o the Minnesota Statutes, and such parts of the procedures unde section 310.05 of the Saint Paul Legislative Code as may b applicable. At the hearing, the Admini trative Law Judge will have all parties identify themselves for th record. Then the City will present its witnesses and evidence, e ch of whom the licensee or attorney may cross-examine. The lic nsee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the city's attorney may cross examine. The Administrative Law Judge may in addition hear rele ant and material testimony from persons not presented as witnesse by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property 1 cated in close proximity to the licensed premises may have substa tial interest in the outcome of the proceeding. Concluding rguments may be made by the parties. Following the hearing, th ,7udge will prepare Findings of Fact, Conclusions of Law, and a pecific recommendation for action to be taken by the City Council. You should bring to th hearing all documents, records and witnesses you will or may n ed to support your position. Subpoenas may be available to comp 1 the attendance of witnesses or the . q�-1�3I production of documents n conformity with Minnesota Rules, part 1400.7000. If you think that this ma ter can be resolved or settled without a formal hearing, please c ntec� or have your attorney contact the undersigned. If a stipu at�cn or agreement can be reached as to the facts, that stipulati n w� 11 be presented to the A�inistrative Law Judge for incorpora ion int`o his or her recommendation for Council action.� If you fail to appear at� he nearing, the allegations against you which have been stated ea lier in this notice may be taken as true and your ability to chai nge them forfeited. If non-public data is received into evidenc at the hearing, it may become public unless objection is mad a;:d relief requested under. Minnesota Statutes, section 14.60, ubcivision 2. Very Truly Yours, ]cJ . PHILIP . BYRN Assistant City Attorney cc: Robert Kessler LIEP Nancy Anderson Assistant Council ecretary Nancy Thomas Office of Administ ative Hearings Lt. Nancy DiPerna Vice Unit Gregg DeShon, Execut ve Director District 8 Communi y Council . a�l May 16, 1988 � DI�CTIONS FO?2 EtiT�RIATG E ��_Bt`t�RY BEFORE HOliRS Because the Saint Paul P- lic Library does not open its doors to the general public until 9:00 a.m., please follow trese instructions for getLing o �:e 4th iloor meeting room:. 1. Enter buildir.g throu h Lhe staff entrance on Washir.gton , Street (door in cenz. r o: west side of building).. 2. Descend the s;�ort st irway. � 3. Take Library's staz� elevator in landing of stairway (on your right) to the 4 h:loor. 4. Walk through the sta f room to the far doorway; meeting roon . is then i o your leit. � If the neeting finis�es b:o=e 9:00 a.m., you will need to retrace this prece_=s in r verse to exit the library. After 9:00 a.m. the publ_c elev tors are located in the lobby just outside the meetir.g roo;a. Park?nQ: There are some �wo-hour p rkiag meters on Kellogg Boulevard � between Market and washin Loa Streets, otherwise all other meters surrounding the Li rary are one-hour meters. The�only other parking available n ar the Library is at the Civic Center , R�mp and the P�+.hois � Towe Ra.�p. . . � . qy - �� 31 STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Tasha Edwards, beinq fir t duly sworn, deposes and says that on July 15, 1994 she serve the attached Notice of Hearing on the following named person b placing a true and correct copy thereof in an envelope addressed as follow: Anoura Khamassi Your Food Market 169 North Victoria Street Saint Paul, MN 55104 (which is the last known addresses of said person) and depositing the same, with postage pr paid, in the United States mails at Saint Paul, Minnesota. � ��:��?/�� :� � TASHA EDWARDS Subscribed and sworn to b fore this�th day of July, 19 4. � / � / ^ . /�/�/� - - � _ �. Notary Public ; ; M �1NV� II % °�""` MARCHIA G. SCHIWNGER `r . -'� NOTARY PUBLIC-MINNE90�TA � �� RAMSEY COUNTy � t.!y Comm�ssicn Expres Mar. 21,1937 � t � H+h14 � t,l l 1 M�Mltvd✓�VV�hI�MM,P1M.i�'.•�a c2 .♦' , OFFICE OF THE CITY ATTORNEY Timothy E. Mar.K Ciry Attorney CITY OF SAINT PAU cN�r D�to» q� �� 3 � Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 15 West Kellogg Blvd Facsimile: 612 298-5619 Saint Pau� Minnesota 55102 �� July 6, 1994 Mr. Anoura Khamassi Your Food Market 169 North Victoria Stree Saint Paul, Minnesota 55 04 Re; Licenses of Your Foo Market Dear Mr. Khamassi: A police report dated J ne 23, 1994, by Office Liebgott of the Saint Paul Police Dep rtment, indicates that you were very uncooperative with the o ficer's efforts to investigate and solve a problem with the sales of certain fireworks materials from your store. You were not tru hful or helpful in your answers to her questions. You were se ling materials which were classed as fireworks and should not have been sold. This activity tended to create problems for the urrounding community. It also is grounds for adverse action ainst your licenses under section 310.06(b)(6), (7) and (8 of the Saint Paul Legislative Code. Based on that report, he Director of the Office of License, Inspections and Enviro ental Protection will recommend that - adverse action be taken gainst all the licenses you hold at the above-named premises. 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 based on the informatio in the police report. You will have a chance to appear and make a statement before the Council as to the proper penalty, if any, be imposed. If you do dispute the abo e facts, a hearing will be set before an Administrative Law Judge At that hearing both you and the City will be able to appear a present witnesses, evidence and cross- examine the other's witne ses. The Council will ultimately decided the case. If this is your hoice, please let me know within 5 days, and we will take the nec sary steps to set up that ALJ hearing. � ■ _CiY� ExK�I��T z � — l�ceus�s a� Kr�Anr� ss � � ^ A � q� - ��l 3 I Call me at 266-8710 if yo have any questions relating to the above procedures. Very truly yours, � ' • . Philip B. Byrne Assistant City Attorney I cc: Robert Kessler Director, LIEP Officer Kathleen A. iebgott FORCE Unit . � � qy- ►�131 Lic ID ................... 1108 STAT ..................... AC Business Name............ KHAMA I, ANOUAR Address .................. 169 V TORIA ST N Zip ...................... 55104 Doing Business As........ YOUR OD MARKET License Name ............. CIGARE TE . GROCE (C) Exp Date ................. 03/31/ 5 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... 134948 Worker Comp Exp Date..... Telephone ................ 000-00 0 � � � e -ft�- 9f� � f � ��g 3 — UCE�S Cf ICNA�u�QtS� qy-1y31 /��' . LICENSES § 310.05 �. . _ cation and follow the procedures or notice and The filing of an appeal shall not stay the issuance heazing as set forth in Section 31 .05. of the license. (Code 1956, § 510.04; Ord. T'o. 17455, § 1, 5•21-87; (d) Class III licenses. Upon re ipt of a fully ' Ord. I�TO. 17551, § 1, 4-19•8S) completed application and required ees for a Class III license, and after the in� estig tion required, the inspector shall notify the co ncil. A public Sec. 310.05. Hearing procedures. heazing shall be held by the coun il's committee designated to hear license matter on the grant, (a) Adverse action; notice and hearing require- issuance or transfer of all Cl�s II licer.=_es. The, ments. In any case v��here the council may or in- council's committ.ee desi�nated t hear license tends to consider any ad��erse action, including matters may hold a heari;:g on the ene«•al of any the revocation or suspension of a license, the im- Class III license. In any ca�e �;he: ihe inspector position of conditions upon a license, or the denial recommends denial of the �: ��t, iss ance, *ene��•zl of an application for the grant, issuance, rene�;•al or transfer of a Class III licer.se, or ��•?:ere the or transfer of a license, the applicant or licensee council's committee de�i� ated t hear license shall be gi�en notice and an opportunity to be matters believes that e�-iceace r.v ht be : ecei�•ed heard as provided herein. The council may con- at the public hearing �rhica r.,ighi esult in action sider such ad��erse actions "•hen recommended by adverse to the applicatie�, the i^s ector or coun• the inspector, by the director, by the director of cil's committee designated �o he2r 1 cense matters any executive department established pursuant shall follow the procedures ior no:i e and hearing to Chapter 9 of the Charter, by the city attorney as set forth in Section 310.05. ��:e e the applica- or on its o��•n initiatire. tion for the grant, issuance, : ene�r or tra.nsfer of • a Class III license meets �ll the : uire:zents of (b) IJotice. In each such case "•here ad��erse ac- law, and tirhere there exi<<s no €*o �d for ad�•er�e tion is or v�zll be considered by the council, the action, the council shall �y resolut on di.*ect that applicant or licensee shall ha�•e been notified in the inspector issue said lice^�e in a cord��ce �;�ith «Titing that adverse action may be tal:en against la�v. the license or application, and that he or she is entitled to a hearing before action is taken by the (e) Appeal; C1ass 1 or C:ess 11 li enses. An ap• council. The notice shall be sen�ed or mailed a peal to the city council may be ta.�:e by �.y persen reasonable time before the hearing date, and shall aggrieved by the grant, issuar.c , re::ewal or state the place, date and time of the hearing. The tr�.nsfer of a Class I or C?�s II lic se; p:o�-ided, notice shall state the issues involved or grounds how•ever, that the appe2l shall h.•e been filed upon v�•hich the adverse action may be sought or ��ith the city clerk ��-ithin thirty ( 0) cays after based. The council may request that such written the action by the license in�pector o director. The notice be prepared and served or mailed by the only grounds for appeal �hall be t at ihere h2s inspector or by the city attorney. been an error of law in the grant issuance, Te- ne�ral or tran�fer of the license. Th appeal shall (c) Hearing. �'Vhere there is no dispute as to the be in writing and shall set forth in articulaz the facts underlying the violation or as to the facts alleged errors of law. The council s all conduct a establishing mitigating or aggravating circum- hearing on the appeal �•ithin thi (30) days of stances, the hearing shall be held before the the date of filing and shall notify th licensee and council. Otherwise the hearing shall be conducted the appellant at least ten (10) day prior to the before a hearing examiner appointed by the hearing date. The procedu: es set fo th in Section council or retained by contract with the city for 310.0�, insofar as is practicable, all apply to that purpose. The applicant or the licensee shall this hearing. Following the heazin , the council be provided an opportunity to present evidence may aff`irm or remand the matter the inspector and azgument as well as meet adverse testimony � or director, or may reverse or place c ditions upon or evidence by reasonable cross-Examination and the license based on the council's eterr•unation rebuttal evidence. The hearing examiner may in .�� that the decision v�as b�ed on an error of law. its discretion permit other interested persons the Supp. T'o. 18 20� � � — L'r� �xNig�r 4 a ��- � � ' � Lt�E,t1S�s oF �tHA�+q 55� — •• • . 6 _ t �l°{`�I § 310.05 I EGISL�TIVE CODE , �,, . opportunity to present testimony or evid I ce or (� Council action, resolution to contain ind- f otherwise participate in such hearing. ings. �'Vhere the council takes adverse action wzth respect to a license, licensee or applicant for a (c-1) Procedure; hearing examiner. The h aring �cense, the resolution by which such action is examiner shall hear all evidence as may e pre- taken shall contain its findings and determina- sented on behalf of the city and the appli t or tion, including the imposition of conditions, if any. licensee, and shall present to the council � itten The council may adopt all or part of the findings, findings of fact and conclusions of law, to ether conclusions and recommendations of the hearing with a recommendation for adverse action. examiner, and incorporate the same in its resolu- The council shall consider the evidenc con- tion taking the adverse action. tained in the record, the hearing examine s rec- (g) Additional procedures where required. ommended findings of fact and conclusion , and ��fiere the pro.-i�ions of any statute or ordinance shall not consider any factual testimony n t pre- require additional notice or hearing procedures, viously submitted to and considered by the h aring such provisions shall be complied „�ith and shall examiner. After receipt of t�,e hearing ex . ner's supersede inconsistent provisions of these chap- findings, conclusions, and recommendatio , the ters. This shall include, w�ithout limitation by council shall provide the applicant or licen e an reason of this specific reference, :�7inne�ota Stat- opportunity to present oral or .�-ritten azgu ents utes, Chapter 364 and AZinnesota Statutes, Sec- alleging error on the part of the exasniner the tion 340A.415. application of the law or interpretation of the acts, and to present argument related to the r com• (h) Discretion to hear notwithstanding uith- mended adverse action. Upon conclu=ion o that drawal or surrender of application or license. The hearing, and after considering the record, i e ex- council may, at its discretion, conduct a hearing �?�� aminer's findings and recommendations, to ther or direct that a hearing be held regarding revoca• �:::::� ��ith such additional arguments presented t the tion or denial of a license, not��ithstanding that _., hearing, the council shall determine „•hat, i any, the applicant or licensee has attempted or pur- adverse action shall be taken, which action hall ported to �vithdra�v or surrender said license or be by resolution. The council may accept, rej ct or application, if the attempted withdrawal or sur- modify the findings, conclusions and reco en• render took place after the applicant or licensee dations of the hearing examiner. had been notified of the hearing and potential ad• verse action. (c-2) Ex parte contacts. If a license matte has been scheduled for an adverse hearing, co ncil (i) Continuances. �'Phere a hearing for the pur- members shall not discuss the license matter -ith pose of considering revocation or suspension of a each other or with any of the parties or inter sted license or other disciplinary action involving a persons involved in the matter unless suc dis. license has been scheduled before the council, a cussion occurs on the record during the he 'ngs continuation of the hearing may be granted by of the matter or during the council's final lib- the council president or by the council at the re- erations of the matter. quest of the licensee, license applicant, an inter- ested person or an attorney representing the fore- (d) Licensee or applicant may be represented. The going, upon a showing of good cause by the party licensee or applicant may represent himse or making the request. choose to be represented by another. (j) If the council imposes an adverse action as (e) Record; evidence. The hearing exam ner defined in Section 310.01 above, a generic notice shall receive and keep a record of such pro ed- of such action shall be prepared by the license ings, including testimony and exhibits, and s all inspector and posted by the licensee so as to be receive and give weight to evidence, inclu 'ng visible to the public during the effective period of hearsay evidence, which possesses probative v ue the adverse action. The licensee shall be respon- commonly accepted by reasonable and prudent er- sible for taking reasonable steps to make sure the .� sons in the conduct of their at�'airs. notice remains posted on the front door of the li- Supp. No. 18 2030 q�-� y31 .-�. � � LICEA�SES § 310.06 l censed premises, and failure to tak such reason- license, or set forth in the resolution able precautions may be grounds f further ad- granting or renewing the license. verse action. (Code 1956, § 510.05; Ord. I�'o. 1 ibb § 2, 4-19-88; �6) a. The licensee or applicant (or any person Ord. No. 17559, §§ 1, 2, 5•17-88; Or . No. 1i659, whose conduct may by law be imputed § 1, 6-13-89; Ord. I�TO. 17911, § 1, 3- 0-92) to the licensee or applicant) has vio- lated, or performed any act which is a Sec. 310.06. Revocation; suspens on; adverse violation of, any of the provisions of actions; imposition o conditions. these chapters or of any statute, ordi- nance or regulation reasonably related (a) Council may take adverse Q.ctio The council to the licensed activity, regardless of is authorized to take ad�•erse action, defined in whether criminal charges ha�•e or have Section 310.01 above, agair.st any o all licenses not been brought in connection there- or permits, licensee or applicant fer license, as w-ith; provided in and by these chapters. Adverse ac- tions against entert�inment licenses s=ued under b. The licensee or applicant has been con- Chapter 411 of the Legislati��e Code may be ini- victed or a crime that may disqualify tiated for the reasons set fo: th in s bsection (b) said applicant from holding the license below, or upon any la«�ful g: ounds �;- 'ch a.re com- in question under the standards and municated to the license holder in «-r ing prior to procedures in '�Zinnesota Statutes, the heazing before the council. Such ctions shall Chapter 364; or be initiated and carried out in acco dance �ti�ith c. The licensee or applicant (or any person the procedures outline in Section 310. 5; prc�-ided, v�•hose conduct may by law be imputed ��':'.� however, that the formal notice of h aring shall to the licensee or applicant) has en- be used to initiate the adverse action ; the gaged in or permitted a pattern or prac- �' use of prior procedural steps. tice of conduct of failure to comply „-ith (b) Basis for action. Such acrerse a ion may be laws reasonably related to the licensed based on one or more of the follo��•i .a reasons, activity or from v��hich an inference of which aze in addition to an5 other re on specif- lack of fitness or good character may ically provided by law or in t�ese ch ters: be drawn. (1) The license or permit «•as p: oc ed by mis- �7� The activities of the licensee in the licensed representation of material fact fraud, de- activity created or have created a serious ceit or bad faith. danger to the public health, safety or ��•el- fare, or the licensee performs or has per- (2) The applicant or one acting in his or her formed his or her «�ork or activity in an behalf made oral or � mis tatements unsafe manner. or misrepresentations of mater al facts in or accompanying the applicatio . (8) The licensed business, or the ��•ay in ��hich such business is operated, maintains or per• (3) The license was issued in viola ion of any mits conditions that unreasonably annoy, of the provisions of the Zoning de, or the injure or endanger the safety, health, premises which are licensed or 'ch aze to morals, comfort or repose of any consider- be licensed do not comply w�ith pplicable able number of inembers of the pubIic. health, housing, fire, zoning an building codes and regulations. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as (4) The license or permit �ras issue in ti�iola- required under Chapter 114 of the Saint tion of law, without authority, under a Paul Legislative Code. material mistake of fact. (10) The licensee or applicant has shown by past • � (5) The licensee or applicant has failed to misconduct or unfair acts or dealings; phys• � � comply with any condition set fo h in the ical abuse, assaults or violent actions done Supp. No. 18 2031 _ q�-1�31 � § 310.06 LEGISLATIVE CODE �'� to others, including, but not limit to, ac- ensee or applicant ncr the content of the protected tions meeting the definition of iminal speech or matter shall be the basis for adverse sexual conduct pursuant to ?�Zinnes ta Stat- action against the license or application. utes, Sections 609.342 through 6 9.34�1; sexual abuse, physical abuse or altreat- (�) Imposition of reasonable conditions and/or ment of a child as defined in ?�'iinnes ta Stat- restrictions. �'Vhen a reasonable basis is found to utes, Section 626.556, subdi��isio 2 and impose reasonable conditions ancUor restrictions 10e, including, but not limited to, ac s which upon a license issued or held under these chap• constitute a violation of �'Iinneso a Stat- ters, any one or more such reasonable conditions utes, Sections 609.02, subdi�is on 10; and/or restrictions may be imposed upon such li- 609.321 through 609.34�1; or 617. 46; re- cense for the purpose of promoting public health, glect or endangerment of a child � defined safety and welfare, of advancing the public peace in Minnesota Statutes, Section 626. 57, sub- and the elimination of conditions or actions that division 2; the manufactu.re, dist bution, constitute a nuisance or a detriment to the peaceful sale, gift, delivery, �transportation, e change enjoyment of urban life, or promoting security and or barter of a controlled substanc as ce- safety in nearby neighborhoods. Such reasonable �ned in I�Zinnesota Statutes, Chap er 152; conditions and/or restrictions may include or per- the possession of a controlled subs ce as tain to, but are not limited to: defined in Minnesota Statti::es, Cha ter 1�2 (1) A limitation on the hours of operation of in such quantities or under circu stances the licensed business or establishment, or giving rise to a reasonable infe: e ce that on particular t�-pes of acti��ities conducted the possession .vas for the purpo= of szle in or on said business or establishment; � or distribution to others; or by ihe buse of alcohol or other drugs, thai such lic nsee er (2) A limitation or restriction as to the loca• �� applicant is not a person of the goo mo: a1 tion within the licensed business or estab• ;; ;::;;:; j .,�: _` character or fitness requi.�ed to er.g ge ia a lishment �vhose [sic] particular type of ac- -�-� licensed activity business or pro:'e sion. tivities may be conducted; (11) The licensee or applicant has .:i erially (3) A limitation as to the means of ingress or changed or permitted a material ch nge in egress from the licensed establishment or the design, construction or configur tion of its parking lot or immediately adjacent the licensed premises wit?:out the ior ap- area; proval of the city council in the c�:e f Clz:,s (4) A requirement to provide off-street parking III licenses, the director in the c�e f Class in eacess of other requirements of law; II licenses, and the inspector in th case of Class I licenses, or �;zthout first ha ing ob- «) A limitation on the manner and means of tained the proper building permits f om the advertising the operation or merchandise city. of the licensed establishment; (6) Any other reasonable condition or restric- The terms "licensee" or "applic2nt" for t e pur- tion limiting the operation of the licensed pose of this section shall mean and incl e any business or establishment to ensure that person who has any interest, whether as holder the business or establishment will harmo- of more than iive (5) percent of the stock a cor- nize with the character of the area in which poration, as a partner, or othen�-ise, in t e p: e- it is located, or to prevent the development mises or in the business or actiti-ity whic are li- or continuation of a nuisance. censed or proposed to be licensed. The inspector may impose such conditions on Class VVith respect to any license for zcti��ities titled I licenses with the consent of the license holder, or to the protection of the First Amendme t, not- may recommend the imposition of such conditions � withstandingthe foregoingprovisions, neit er the as an adverse action against the license or li• ., lack of good moral character or fitness of he lic- censes; the director has the same power with re- _� Supp. No.18 2032 '- q�-1�31 ��. �� ; LICEA'SES § 310.07 �� ' . spect to Class II licenses. The coun 1 may impose Sec. 310.07. Termination of licenses; surety such conditions on Class III license �vith the con- bonds; insurance contracts. sent of the license holder, or upo any class of license as an adverse action agains the license or (a) Automatic termination, reinstatement; re- licenses following notice and heari g as may be sponsibility of licensee. All licenses or permits required. Such conditions may be mposed on a �'�'hich must, by the provisions of these chapters or license or licenses upon issuanc renev��al or other ordinances or laws, be accompanied by the transfer thereof, or upon and as p of any ad- filing and maintenance of insurance policies, de- verse action against a license or lice es, including Posits, guarantees, bonds or certifications shall suspension. automatically terminate on cancellation or v�•ith- drawal of said policies, deposits, bonds or certi�i- (d) Standards for multiple licen e determina- �tions. rTo licensee may continue to operate or tion. In any case in which the cou cil is autho• Perform the licensed activity after such termina- rized to take adver�e action agains less than all tion. The licensee is liable and responsible for the of the licenses held by a licensee, or pplied for by filing and maintenance of such policies, deposit�, an applicant, the follow�ing �tandard may be used: �azantees, bonds or certifications as are required in these chapters, and shall not be entitled to as- (1) The nature and gra�-i�y of the ounds found sert the acts or omissions of agents, brokers, em- by the eouncil to exist upon � hich the ad- ployees, attorneys or any other persons as a de- ��erse action v�•ould be based; fense or justification for failure to comply �rith such filing and maintenance requirements. In the (2) The policy and/or regulatory oals for the event the licensee reinstates and files such poli- �� '=�. �, particular licenses in�•ol.•ed, 'ther as em- cies, deposits, bonds or certifications within thirtv bodied in the Legislati�•e Cod or as found (30) days, the license is automatically reinstated and determined by the counci ; on the same terms and conditions, and for the (3) The interrelationship of the 'censes and same period as originally issued. After thirty (30) their relative importznce to th overall busi- days, the applicant must reapply for a rene��•al of ness enterprise of the licensee r applicant; his license as though it «�ere an original applica- tion. (4) The management practices of he licensee or applicant w•ith re�pect to ch of such (b) Bonds and insurance requirements: licenses; (1) Surety Companies: All surety bonds run- (5) The extent to which ad�•er�e a ion against ning to the City of Saint Paul shall be less than all of the licenses or pplications written by surety companies authorized to would result in difficulty in e orcing and do business in the State of Minnesota. All monitoring the adverse action aken; insurance policies required by these chap- ters shall be a�ritten by insurance compa- (6) The hardship to the licensee applicant nies authorized to do business in the State that would be caused by appl g adverse of Minnesota. action to all licenses or applic ions; and (2) Approved as to Form: All bonds filed v��ith (7) The hazdship and/or danger to the public, the City of Saint Paul in connection w-ith or to the public health and w lfare, that the issuance of licenses for whatever pur- would result from ad� erse act on against pose, and all policies of insurance required less than all of the licenses or a plications. to be tiled with or by the City of Saint Paul (Code 1956, § 510.06; Ord. I�'o.17�84, 1, 8-25•88; in connection with the issuance of licenses Ord. No. 17657, § 15, 6-8•89; Ord.:�'o. 7659, § 2, for any purpose whatsoever, shall frst be 6-13•89; Ord. No. 17901, §§ 2, 3, 1-14- ; Ord. I�'o. approved as to form by the city attorney. 17917, §§ 2, 3, 3-31-92; Ord. r'o.1i922, 1, 4-28-92) (3) Uniform Endorsement: Each insurance �� policy required to be filed pursuant to these Supp. IQo is 2033 . . .� a��u3► 6ENE t STATE LAWS Pertaining to" Class " Fireworks and Novelty Items at Retail Level (As of February, 1992) i. States which ailow all Class C Fireworks: Alabama Arkans�s Mississippi South Dakota Alaska Louisian Missouri Tennessee 2. States which allow Class C Fireworks as approv d by enforcing authority: Califomia Kansas New Mexico Utah Colorado Michigan Ohio Washington � Florida Nebrask Oregon Wisconsin Indiana 3. States which allow Class C Fireworks as specifie in law: _ District of Columbia Montana South Carolina Wyoming Idaho North D ot� Tex�s Kentucky Oklahoma Vrginia I 4. States which allow only Sparklers and/or Snake and Fun Snaps: ' Illinois (Sparklers, Snakes, Fun Snaps and moke) lowa (Sparklers, Snakes, ad Fun Snaps) i Maine (Sparklers) Maryland �Spa�rklers, Snakes and Fun Snaps� ; New Hampshire �Sparklers, Snakes, Snaps nd Smoke� Pennrylvania �Spa►iclers , Snakes Fun Snaps, and Smoke) �. �tates iiaving ivu rireworics ;aws (Except on C unry level�: Hawaii Nevada . b. States which ban all Class C Fireworks (Except akes, Party Poppers and Snaps�: Arizor� Georgia New Jersey Rhode Island Connecticut Massach setts New York Vermont Delaware Minneso North Carolina West Vrginia Most States allow sale of Fire rks at Wholesale level for direct shipment out of state. For current laws and regulations reg ding sale of "Class C" Fireworks, contad your local authorities. � � � � � � V � � � � ` c - �- 5 ' � i . , � f� � �V � �l. � �l � �X� �d �� ^ ,. . .' • L � � q�-��3I. '� �- . _ �: x � . ; 1263 CRIMES, OTHER PROVISIONS 624.22 ; �: . � charged with crime, or where such service is expr ssly authorized by statute, is hereby ,, , . � prohibited. •-- History: (10237) RL s 4983 FIREWO � " ;: 624.20 FIREWORKS. '�: � Subdivision 1. As used in sections 624.20 to 624.25, the term "fireworks" means � a any substance or combination of su�s4ances or a icle prepared for the purpose of pra �' � ducing a visible or an audible effeet by combusti , explosion, deflagration, or detona- �; j tion, and includes blank cartridges, toy cannons, nd toy canes in which explosives are ', � used, the type of balloons which require fire un rneath to propel thein, firecrackers, torpedoes, skyrockets, Roman candles, daygo b bs, sparklers, or other fireworks of { like construction, and any fireworks containing any explosive or inflammable com- ��; pound, or any tablets or other device containin any explosive substance and com- i;� monly used as fireworks. The term "fireworks" s all not include toy pistols, toy guns, r in which paper caps containing 25/100 grains or ess of explosive compound are used •� and toy pistol caps which contain less than 20/ 1 0 grains of explosive mixture. � Subd. 2. As used in sections 624.20 to 62 .25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or ash powder, gunpowder, black pow- der, or any other explosive compound construct d to produce detonation or deflagra- tion. , History: 1941 c 125 s 1; 1988 c 584 s 2 � 624.21 SALE, POSSESSION, AND USE OF IRE�VORKS PROHIBITED. Except as otherwise provided in sections 62 .20 to 624.25, it shall be unlawful for ; , any person to offer for sale, expose for sale, sell t retail or wholesale, possess, use, or I explode any fireworks. This section shall not be onstrued to prohibit the possession, ; use, or explosion of fireworks by an engineer lic sed pursuant to sections 326.02 and � 326.03 or a person under the engineer's direct su en�ision when undertaking acoustical j testing; or sales at wholesale to those persons hol ing valid permits for a fireworks dis- ; play from a governmental subdivision of the sta ; or sales outside the state or sales to ' licensed professional engineers for accoustical t sting purposes only. ' History: 1941 c 125 s 2; 1963 c 818 s 1; 19 c 440 s 1; 1988 c 584 s 3 � 624.22 PUBLIC DISPLAYS OF FIRE�'ORI�S BY MtitiICIPALITIES EXCEPTED. Sections 624.20 to 624.25 shall not prohibit upervised public displays of fireworks by cities, fair associations, amusement parks, d other organizations. Except when ± such display is given by a municipality or fair as ociation within its own limits, no dis- play shall be given unless a permit therefor ha first been secured. Every application for such a permit shall be made in writing to t e municipal clerk at least 15 days in advance of the date of the display. The applica ion shall be promptly referred to the chief of the fire department who shall make an i vestigation to determine whether the operator of the display is competent and whethe the display is of such a character and is to be so located, discharged, or fired that it ill not be hazardous to property or endanger any person. 1"he fire chief shall report he results of this investigation to the clerk. If the fire chief reports that in the chief s pinion the operator is competent and that the display as planned will conform to safe requirements, including the rules of the state fire marshal hereinafter provided for, t e clerk shall issue a permit for the dis- play when the applicant pays a permit fee of $. When the supervised public display for which a permit is sought is to be held outsid the limits of an incorporated munici- i pality, the application shall be made to the cou ty auditor and the duties imposed by i such sections upon the clerk of the municipality hall be performed in such case by the i county auditor. The duties imposed on the fire hief of the municipality by such sec- � � � ._-_____---- _ ___ ___ _ _ _ ._._ _� _ _- —' _----- - C�I7y �Xff(�i1" 5 � "��' l�t�E�SES oF KNAnrAsS� `�- "" `:� . _ , �� . . q�-1�31 ��: �. 624.22 CRIMES, THER PROVISIONS 1264 ;. � �; tions shall be rformed in such case by the county sheriff. After such permit shall have - been granted, ales, possession, use and distribution of fireworks for such display shall ; be lawful for at purpose only. No permit so granted shall be transferable. The state ;� fire marshal s all adopt reasonable rules not inconsisfent with the provisions of such `, sections to in re that fireworks displays are given safely. � ;�; History: 41 c 125 s 3; 1973 c 123 art S s 7; 1985 c 248 s 70; 1986 c 444 :�� i !"" � 624.221 EXE PTTONS FOR LICENSE OR PERMIT HOLDER. �� Sections 4.20, 624.21, and 624.23 to 624.25 do not apply to: '�� (a) the ho ers of a federal explosives license or permit issued pursuant to United States Code, ti le 18, chapter 40, or their agents when the holder or agent is acting in compliance wi h the conditions of licensure; or (b) the ho ers of permits issued pursuant to section 624.22 or their agents, from the date of issu nce unti120 days after the date of exhibition authorized by the permit, when the hold or agent is acting in compliance with the conditions of the permit and section 624.22 �' History: 1 88 c 584 s 4 � �' 624.23 CON UCI'ION OF SECTTONS 624.20 TO 624.25. � Nothing i sections 624.20 to 624.25 shall be construed to prohibit any resident , wholesaler, de er, or jobber, from possessing or selling at wholesale fireworks which Y are not prohib ed; or the possession or sale of any kind of fireworks for shipment � directly out of t e state; or the possession or use of fireworks by airplanes and railroads, �� or other transp rtation agencies for signal purposes or illumination; or the possession, sale, or use of ank cartridges for a show or theater, or for signal or ceremonial pur- � � poses in athleti s or sports, or for use by military organizations or for use as a bird or 'i animal repellin device. �� History: 1 1 c 12S s 4; 1971 c 710 s 1; 1988 c 584 s S ;� 624.24 OFFIC RS MAY SEIZE ILLEGAL FIREWORKS. The state fi marshal, or any sheriff, police officer, constable, or local fire marshal, � i shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks � , of fireworks or mbustibles offered or expose d for sa le, stored, or held in violation of � sections 624.20 0 624.25. �i �,; History: 19 1 c 125 s 5 _ � 624.25 VIOLA ON. � Any person iolating the provisions of sections 624.20 to 624.24 may be sentenced i as follows: � (1) if the vi lation involves explosive fireworks in an amount of 35 pounds gross i container weigh or more, to imprisonment for not more than one year, or to payment j; of a fine of not ore than $3,000, or both; ?; •� (2) if the v lation involves explosive fireworks in an amount of less than 35 �; pounds gross co tainer weight, to imprisonment for not more than 90 days, or to pay- �; ment of a fine o not more than $700, or both; and '� ; (3) if the vi lation involves any amount of fireworks other than explosive fire- ,; works, to impris nment for not more than 90 days, or to payment of a fine of not more # .; than $700, or b h. �� History: 19 c 125 s 6; 1988 c 584 s 6 � `` i �.) �; , .; � ;: i • �; i i' ;:' � . - _ ��j .� ..: °� �� / � SS�LSOfi6 ^ S PAUL POUCE DEPARTMENT �(`� a e��I�II�I .' Pa�e •�" I ot.�_ GENERAL REPORT -- Dey Month Date Year. Time: Squad: Team: Offense: 5 b aa 4 ��s is � N w� ��ti�« ; z� ,��K s�. .b. ��.< < Class: Location oi CaIL• Location ot Crime Scene: Time of Anest � (b`t t�. �'►�Tc�2�c,� Time 8 Date of Occurrence: Bus. �� e Phone: Oceurred � At ❑ Between: ,��_ hrs. on and hrs. on CompisinanCs Nnme (Last, First, Middlej: A ress: J U L O 1 1994 Article � covered: Disposition: O�� C�� 0 �A � ;. r:<:, � � 4 .�:: � � . ' NARRATIYE �.�;:� s � �D �� , ,$.;_ - ,:` .�. . ::: .�. . <:.::� ... .� . . �.. .. ��`�� >: ..... .. :, ,. Arrest Number last Name First Middle Address OB Ags Sex Rece (�-ta��53to �i��n+csa, �1�1c�t4 1(�`l A; l?;c-�.�c�� 1-��-�y a�t m W �: n �,� - a 3 9�l c� c,�b o�.�. t'13 C, �-. k 5 L. w c, s ts� o�.t4 �; n�. i.•v� �.� ti�c. e-� `� �� kr. l.' ; �t� c 2� a. `� c.�d s. �vv, - Cl�.�:-o c,.�a v _�L U�.L�.. ��,tc�..�. 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Facsimile: 612 298-5619 Saint Paul, Minnesota SS102 �� July 15, 1994 NOTICE OF HEARING Mr. Anoura Khamassi Your Food Market 169 North Victoria Stree Saint Paul, MN 55104 RE Al1 licenses held by noura Khamassi, dba Your Food Market for the premises•located at 169 North Victoria Street, Saint Paul (License ID No. 1108 ) Dear Mr. Khamassi: This is to notify you th t a hearing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: August 18, 1994 Time: 9 a.m. Place: Downtown M in Library 4th Floor eeting Room 90 West 4t Street Saint Paul Minnesota 55102 The judge will be an Adm nistrative Law Judge from the State of Minnesota Office of Admin strative Hearings: Name: Richard Mo man Office of dministrative Hearings Suite 1700 100 Washin ton Square Building Minneapoli , NII�T 55401-2138 Telephone: 861-3331 The Council of the City of Saint Paul has the authority to provide for hearings concerning li ensed premises, and for adverse action against such licenses, und r Chapter 310, including sections 310.05 and 310.06, of the Saint aul Legislative Code. In the case of licenses for intoxicating d non-intoxicating liquor, authority is also conveyed by section 340A.415 of the Minnesota Statutes. Adverse action may include revocation, suspension, fines and other penalties or conditions. ay-�y3� Evidence will be present to the judge which may lead to adverse action against all the 1' enses you hold at the above premises as follows: "A police report dat d June 23, 1994, by Officer Liebgott of the Saint Paul P ice Department, indicates that you were very uncoopera ive with the officer's efforts to investigate and solv a problem with the sales of certain fireworks materials from your store. You were not truthful or helpful in your answers to her questions. You were selling aterials which were classed as fireworks and should not have been sold. This activity tended to create pro lems for the surrounding community. 6 The sale of such fir warks is a violation cn Minn. Stat. 624.20-.25. In addition, eviden e will be introduced as to other occasions oa which you were uncooperative with the ° police. These facts constit te the basis for adverse action against your licens s under section 310.06(b) of the Saint Paul Legislati e Code." You have the right to be represented by an attorney before and during the hearing if you o choose, or you can represent yourself. You may also have a pers n of your choice represent you, to the extent not prohibited as nauthorized practice of law. The hearing will be condu ted accordance with the requirements of sections 14.57 to 14.62 o the Minnesota Statutes, and such parts of the procedures unde section 310.05 of the Saint Paul Legislative Code as may b applicable. At the hearing, the Admini trative Law Judge will have all parties identify themselves for th record. Then the City will present its witnesses and evidence, e ch of whom the licensee or attorney may cross-examine. The lic nsee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the city's attorney may cross examine. The Administrative Law Judge may in addition hear rele nt and material testimony from persons not presented as witnesse by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property 1 cated in close proximity to the licensed premises may have substa tial interest in the outcome of the proceeding. Concluding rguments may be made by the parties. Following the hearing, th Judge will prepare Findings of Fact, Conclusions of Law, and a pecific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may n ed to support your position. Subpoenas may be available to comp 1 the attendance of witnesses or the ay-�y3� production of documents n conformity with Minnesota Rules, part 1400.7000. If you think that this ma ter can be resolved or settled without a formal hearing, please c ntact or have your attorney contact the undersigned. If a stipu ation or agreement can be reached as to the facts, that stipulati n will be presented to the Administrative Law Judge for incorpora 'on into his or her recommendation for Council action. If you fail to appear at he hearing, the allegations against you which have been stated ea lier in this notice may be taken as true and your ability to chai nge them forfeited. If non-public data is received into evidenc at the hearing, it may become public unless objection is mad and relizf requested under Minnesota Statutes, section 14.60, ubdivision 2. Very Truly Yours, _ . �. PHILIP . BYRN Assistant City Attorney cc: Robert Kessler LIEP Nancy Anderson Assistant Council ecretary Nancy Thomas Office of Administ ative Hearings Lt. Nancy DiPerna Vice Unit Greqg DeShon, Execut've Director District 8 Communi y Council qy-��3� May 16, 1988 _ , DIRECTIONS FOR ENTERING HE LIBRARY BEFORE HOURS Because the Saint Paul P blic Library does not open its doors to - the general public until 9:00 a.m., please follow tnese instructions for getting to the 4th floor meeting room: 1. Enter building thro gh the staff entrance on Washington , Street (door in cen er of west side of building).. 2. Descend the short s airway. � 3. Take Library's staf elevator in landing of stairway (on your right) to the th floor. 4. Walk through the st ff room to the far doorway; meeting room . is then immediately to your left. If the meeting finishes fore 9:00 a.m., you will need to retrace this process in verse to exit the library. After 9:00 a.m. the public ele ators are located in the lobby just outside the meeting room. Parking: There are some two-hour rking meters on Kellogg Boulevard � between Market and Washi ton Streets, otherwise all other meters surrounding the L' rary are one-hour meters. The only other parking available ar the Library is at the Civic Center , Ramp and the Amhoist Tow Ramp.