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96-236� � � f ��jE?; f� � � :� i ti..i �. L..' r ; �I �-,. ;� CITY Presented By RESOLUTION 4�NT PAUL, LVI council File # � �.� ^ aZ 3 ( Green Sheet # 35636 �� Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee: Date RESOLVED, that the Licensee, Joseph L. Brost d/b/a Grand Wheeler Sinclair II (License ID No. 79666), located at 1345 Grand Avenue in Saint Paui is hereby ordered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minoz. Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirry (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the investigation report, and such azguxnents as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: � � � Adopted by Council: Date �� Adoption Certified by Council Secretary By: � By: Form Approved by City Attorney aY _�f/SpL�I . CZ ^�� D Approved by Mayor for Submission to Council By: �t�-z3 �. DEPARTMENTlOFFICE/CqUNCI� DRTE INI�IATE9 'v� 3 5 6 3 6 �t coun�� 2/14/96 GREEN SHEE _ CON7ACT PEPSON & PHONE INflIAVDATE INRIAVDATE �DEPARTMENTDIRECTOR OCflYfAUNCI� Nanc Anderson �+�GN � CRYATfORNEY � CITYGLEFiK MUSTBE ON CAUNCILAGENDA BV (DA7E� p��N�� O BUDGET OIqECTOR � FIN. 8 MGL SERVICES DIR. March 6, 1996 (Public Hearing) ORDEN aMAVOR(ORASSISTANn � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS POR SICaNATURE) ACTION FiEQUESTEO: Adverse action agains� licenses held by Joseph L. Brost, dba Grand Wheeler Sinclair II, 1345 Grand Avenue. (Uncontested) RECOMMENDATIaJS: Apprave (A) or Reject (R) pEflSONAL SEFiVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: _ PLANNING COMA7ISSION � CIVIL SEFVICE COMMISSION S� Has ihi5 pE15on(fi(T eve� wO�ked UiMEr a coM18C1 fm this dep2rlmBM? - _ CIB CqMMfl7EE _ YES NO _ STA� 2. Has this persoNfirm ever been a city employee? — YES NO _ DISTRICTCOUR7 _ 3. Does this perSOMirm possess a skill not norma0y possessetl by any current ciry employee? SUPPORTS WHICH COUNGIL O&IECTIVE? VES NO Explain all yes enswers on seperate ehaet and ettach to green sheet INITIATING PROBLEM, ISSUE.OPPORTUNIN (Who, What, When, Where, Why): ADVANTAGES IF APPROVED. DISADVANTAGE$ IFAPPRpVEO: DISADVANTAGES �F NOTAPPROVED: TOTALAMOUNTOFTRANSACTION $ COSTlREVENUEBUDGE7ED(CIqCLEONE) VES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION� (EXPLAIN) OFFICE OF THE CITY ATTORNEY Trmothy E. Marx, City Attomey iy �_� n � '` J CITY OF SAINT' PAUL Norm Coleman, Mayor Civi1 Division 9Q0 Ciry Ha11 I S West Kellogg Blvd Sa'v+t P¢ul, Minnesota 55102 Te7epfione: 6/2 266-8i70 FacsimiZe: 612 298-5619 February 13, 1996 ISOTICE OF COUNCIL HEARING Joseph L. Brost ��_ -�� - Grand Wheeler Sinclair II 1345 Grand Avenue �� `� :�;'�.� Saint Paul, Minnesota 55105 RE: Al1 licenses held by Joseph L, Brost 'dJbJa Grand Wheeler Sinclair II License ID No. 79666 Dear Mr. Brost: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:00 p.m., Wednesday March 6, 1996 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the reports concerning the unlawful sale of cigarettes have been admitted. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, >/ .� � C��.�..� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Kris Schweinler, Senior License Inspector, LIEP Sandra Levine, Community Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, MN 55107 q�—a3c� UNCONTESTED LICENSE HEARING Licensee Name: Joseph L. Brost d/b/a Grand Wheeler Sinclair II Address: 1345 Grand Avenue Council Hearing Date: March 6, 1996 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paui Legistative Code § 324.07 Date: December 1, 1995 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. License information 3. Notice of Violation 4. Letter of licensee or aitorney agreeing not to contest the facts 5. Investigation Report �l � -a 3 � Lic ID ................... 79666 STAT ..................... AC Business Name............ BROST, JOSEPH L Address .................. 1345 GRAND AVE Zip ...................... 55105 Doing Business As........ GRAND WHEELER SINCLAIR II] License Name ............. GAS STATION . AUTO REPAIR GARAGE . ORIGINAL CONTAINER . CIGARETTE Exp Date ................. 03/31/96 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 12580 . 073092 PH ON APPN FOR NEW GAS STA-3 PUMPS, 7 AD'L . Pt3MPS, GENER.AL REPAIR GARAGE, ORIG CONT & CIGARETT . E LICENSE APP'D C.F. 92-1108 . lJlf93 PER BOB - ADD`L GAS PUMP LICENSE ELIMINATED Tax Id ................... 2610357 Worker Comp Exp Date..... 07/O1/94 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRZNT OFF ° Telephone ................ 699-8830 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HEI.,P° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° �, OFFIC' THE CITY ATTORNEY Trmothy _ .vlarx, Ciry Attorney � ^ � � �. - � CITY OF SAINT PAUL .'�'orm Coleman, Maya> Cir•i1 D"n�ision 400 C+ry Hal! IS Nest Kellogg Blvd Saim Paul, �nnesom 55702 Telephone: 611 ?66-SilO Facsimile: 61I 298-5619 January 29, 1996 NOTICE OF VIOLATION Joseph L. Brost Grand Wheeler Sinclair II 1345 Grand Avenue Saint Paul, Minnesota 55105 RE: All licenses held by Joseph L, Brost d/b/a Grand Wheeler Sinclair II License ID No. 79666 Dear Mr. Brost: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses you hold at the above-named premises. This recommendation is based on the following: On December 1, 1995, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. �609.685 and Saint Paul Legislative Code �324.07. If you do not dispute the above facts, and send me a letter to that e£fect within 5 days, the case will be set before the City Council. You will have a chance to appear and make a statement before the Council as to the proper penalty, if any, to be imposed. If you do dispute the above facts, a hearing will be set before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross- examine the other's witnesses. The Council will ultimately decided the case. If this is your choice, please advise my legal assistant, Peter Pangborn, within 5 days, and we will take the necessary steps to set up that ALJ hearing. Call him at 266-8776. - �� —a3c� Page 2 If you have any questions, you may contact me at 266-8710. Sincerely, �� /� ��P,-y.� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LSEP Kris Schweinler, Senior License Inspector, LIEP q`�a�� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on �7anuary 30, 1996, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Joseph L. Brost Grand Wheeler Sinclair II 1345 Grand Avenue St. Paul, MN. 55105 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed s�' n before me this 30tY��day .6#7 J��uar , 1996. NOTNRY PUBUC - MINNESpTA �Y Comm Expires Jen. 31.20Q °Ic.-a�� FebrLtaTy b, 1996 t�irginia D. palmer Assistant City Attorney Civil Division, 400 City Hall 15 West Kellogg Blvd. St. Paul, Mh 55102 RE: A11 lieenses held by Joseph L, Brost d/bjaj Grand W'rieeler Sinclair II Lioeslse ID No_ 79666 Dear Ms. Falmer, This letter �s to inform you I my it�tent naC to criallenge the allegation that: on December 1, 1995, myself or another. employee sold aigarettes to a minor under the age a£ 18 years in the licensed prcmises. An affense,under the St. PauX Legislative Code, sec�ion 324.07. I operate t� small service station. I am in tatal agreement with the City's effor�s to stop teen smoking by limiting aacess to cigarettes and other tobacco products. Fecemb�r 1, 1995, was an incred�ble busy day for our operat3on, due to the first real celd blar�t of wintsr. our waiting area was completely paoked with peoplP atlempting to stay warm, finding out the status oP their vehicles r�nd workera tryinq to aexvics theas people. Normally, we riav2 a xtrict pa].iay of ahscking identification for the purahase of rigarettes, but agparently on December l, 1995, saraeone nat of 2ega1 age to purchase taDacco managed amangst tho mess of people in aur waitinq arsa to purchase tobacco withaut proper identificatian. I am truiy sorrg for our offense arni am preparetl to properly reso2ve thfs matter. Y have since reiterated our store poii�y cheaking identifieatioa oP everyone attempting ta purohase Cobacco produats. I ut�derstand that there is generally a$2D0. ffne for a first atfense of this kind and T am prepaxed to prooeed in that mannar. If the C3ty has no objection, T would prefer to pay $200.00 and waive my chance �o appear before the City Counci3. If This rssalution is satisfactory to you please oail or write to inform me of where ta send a clteck and to whom zt should be made out to. (612)698-6830. Thanking Yau, ChuCk 8rast `:,,". � . S �' , ac. Josegh L. 13rost of [�Id c��_ CITY OF SAL\T PAUI. II�'TERDEPARTMEr'TAL MEh10RA,\'DiJM Dece�' er 13, 1995 T0: Robert Kessler FRON.: Kris Schueir.ler RE: Cigarette Stings On Dece.-�ber 1, 1995, I conducted a cigarette sting with a decoy, Lonny Joha Leitner, date of birth 6/15/79. We atte�ted to buy at Wolter Brothers, Ring�s l;arket, Aveaue Grocery, �ad Sinclair Gzs Station. The only purchase made was at the Siaclair Statioa located at 1345 Gzaad Avenue. xVH/lk