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96-423�` �� p �i�...':i`�t'*t Presented By Referred To Committee: Date RESOLVED, that the Licensee, Yassin, Tarek d/b/a Bailey's Market (License ID No. 99361), located at 1055 4th Street East in Saint Paul is hereby ordered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor on or about Januazy 30, 1996. 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 Complaint letter to the licensee, the police report, and such arguments as may haue been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: Adopted by Council: Date �_,n \'j`�( � Adoption Certified by Council Secretary By: Appr By: Council File #�� - y a 3 Green Sheet # 3 S(� S (� RESOLUTI�N CtTY OF SAINT PAUL, MINNESOTA Ilv ly jf. - Form Approved by City Attorney BY: �?�.� K� �i� Approved by Mayor for Submission to Council By: a�-�ta� DEPARTMtE�T,C011llC DA4/17/96 GREEN SHEE N_ 3565Q INfTIAL/DATE INITIAVDATE CANTACf PERSpN & PNONE Q DEPAR7MENT DIqE O dTY COUNQL Nancy Anderson � �cmarrorwer �crzvc�RK MUST BE ON CpUNCIL AGENOA BV (DATE) RaM� � BUDGEf DIRECTOR � FIN. & MGT. SERVICES �IR. April 24, 1996 - Public Hearing Oi10EN �ypYOR(ORAaSISTANn � T07AL # OP SIGNATIlRE PAGES (CLIP ALL LOCATtONS FOR SIGNA7UR� ACfION REQUESfED: Adverse action against licenses held by Tarek Fassin, dba Bailey's Market, 1055 4th St. E. (Uncontested) RECOMMENOAi70NS: Approve (A) or Rejea (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE F04LOWING QUESTIONS: _ PLANNMG CAMMISSION _ C��IL SERVICE COMMISSION �� Has Mis perso�rm ever worked under a conVact for this tlepartmen[? - _ CIB COMMI7'TEE _ YES NO _ S7ACF 2. Has this person/firm ever been a city employee? — YES NO _ DISiNIC7 COUR7 — 3. Does this person/firm possess a skill not normall ssessetl y ry p oy '+ y po by an cunent ci em I ee. SUPPORTS WHICH COUNCIL OB.IECTIVE4 YES NO Explain all yes answers on separate sheet and atteeh to green sheet INITIATING PROBLEM, ISSUE, OPPO�UNITY (Who, Whflt, When. Wltere, Why): AOVANTAGES IF APPROVED: DISAWANTAGES IFAPPROVED DISADVANTAGES IF NOTAPPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED iC1RCLE ONE) VES NO FUNDIHG SOURCE ACTIVITY NUMBEH FINANCIAL INFORMATION: (EXPWIN) OFFICE OF THE CITY ATTORN£Y Tmothy E. Marx, Ciry Atrorney �� S 3 d� cz� oF saII•rr paur. Norm Coleman, Mayor Civil Divis+an 400 Ciry Hall 15 West Kellogg Blvd Saint Paul, Minnesom 55702 Telephone: 612166-8710 Facsimile: 612 298-5619 April 9, 1996 NOTICE OF COUNCIL AEARING Tarek Yassin Bailey's Market 1055 4th Street East Saint Paul, Minnesota 55106 Re: Licenses held by Tarek Yassin djb/a Bailey's Market for the premises located at 1�55 4th Street East in Saint Paul License ID: 99361 Our File Number: G96-0056 Dear Mr. Yassin: Please take notice that a hearing concezning the above-named establishment has been scheduled for 5:00 p.m., Wednesday April 24, 1996 in the City Council Chambers, Third Floor, 5aint 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 andJor 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, Philip K. Miller Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP °IC.•ya3 Sgt. Per Tredal, SIU Donavan Cummings, President, Dayton's Bluff Center for Civic Life, 770 E. 6th St., St. Paul, MN 55106 James Erchul, Director, Dayton's Bluff Neighborhood Aousing Service, 951 E. Fifth St., St. Paul, MN 55106 Karin DuPaul, President, Upper Swede Hollow Neighborhoods Assoc., 668 Greenbrier St., St. Paul, MN 55106 Kathy Smith, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 Carol Carey, Director, Upper Swede Hollow Neighborhoods Assoc., 729 E. Seventh St., St. Paul, MN 55106 Page 2 9 �-�� UNCONTESTED LICENSE HEARtNG Licensee Name: Yassin, Tarek d/b/a Bailey's Market Address: 1055 4th Street East Council Hearing Date: Aprit 24, 1996 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: January 30, 1996 Place: Licensed Premises Presumptive Penafty: $200.00 Fine Recommendation of Assistant City Attorney on behalf ofi client, Office of License, tnspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resofution 2. Letter of licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Police Report � 9 G=ya� �'1<ti�-��, �, l9 �� af `� ��-c=�.. „�,� c�-v� . ��. ��, � � = � � L�� , � s �� , � � , ��„� , ;� �� s � � �� d� , � � o -�,, �C�.o�.�- , �— � � � w�� 3 aPR o i �sss ��`�' � ` ��r� � �� . �-�� G� �^ �- S � 3 � 9-� ��. � Se�r� (,L� �p �. �.� � � g y� . �� u�.,�.�- �= ��.�,.- � �. w � �f �-� �_ -- � S� p� ly , � 1A.>L-�,� P� 5�- ' �-� , J 1 -� a � J- w� �,�. -�-�-,�.- �(�.,�- . s�ti�� s� �-� Z ��: � ��'�"�,.� ��`-' _ __ t 1 a k �� CITY OF SAINT PAUL Norm Coleman, Mayor February 13, 1996 OFFICF � THE CITY ATTORNEY Rmothy 6 .da�, Ci(y� Atlarney � a`-4a Civi/ Divitron 40D Ciry Hall Telephone: 617 766-8770 IS 6'es7 Ke7logg Blvd Facsimile: 672 298-5619 Saint Pau7, Minnesaa 55101 NOTICE OF VIOLATION Tarek Yassin Tony Yassin Bailey's Market 1055 4th Street East Saint Paul, Minnesota SS1D6 RE: All licenses held by Tarek Yassin d/b/a Bailey's Market License ID No. 99361 Dear Mr. Tarek Yassin and Mr. Tony Yassin: 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: Oa January 3Q, 1996, 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 effect within 5 days, the case will be set before the City Council. You will have a chance to appear and make a statement before the Council as to the 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. � c.-ya3 Page 2 If you have any questions, you may contact me at 266-8710. Sincerely, Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Kris Schweinler, Senior License Inspector, LIEP °I� -ya 3 STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) - JOAI3IQE G. CLEM�,NTS, being first duly sworn, deposes and says that on February 13, 1996, she served the attached NOTICE OF VIOLATION on the iollowing named persons by placing a true and correct copy thereof in an envelope addressed as follows: Tarek Yassin Tony Yassin Bailey`s Market 1055 4th Street East Saint Paul, MN. 551�6 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 13th day of February, 1996. � \ �� o ar u i � r KATHRYN J. MCLAUGHIIN � � NOTRRY PUBLIC - MINNESOTA � RAMSEY COUNTY � My Comm. E�ires Jen. 37. 2000 Lic ID ................... 99361 STAT ..................... AC Business Name............ YASSIN, TAREK Address .................. 1055 9TH ST E Zip ...................... 55106 Doing Business As........ BAILEY'S N�ARKET License Name ............. CIGARETTE . GROCERY (C) - . OFF SALE N�ALT °1�-ya3 Bxp Date ................. 03/31j96 Insurance Carrier_..._... IN LIEU Or WAIVER LETTER Ins. Policy Number....... Insurance Effective Date. 04/19/95 Sns. Expiration Date..... WAIVED NOTE AREA ................ 12640 . 2/23f93 FH ON APPN FOR OFF SALE MALT, A1 GROC-A & . CIGARETTE LICENSE APP'D C.F. 93-210 . 4/19/95 LATE FEE DUE $40.30. . 5/25/95 LATE FEE $40.00 PAID. Tax Id ................... 1948469 Worker Comp Exp Date..... Teleghone ................ 774-5734 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Paga� of oe� �e�e ciass: Location ot c� ytG30 7ime 6 Date of Occunence: Oceurted Q At Q 8etween: 5 hrs. on ST. PAUL POLICE DEPARTMEN7 GENERALREPORT 3 and t hrs. on q 1.- of Tobacco to On 1-30-96 I assisted Chris Schweinler zrom L.S.�.P. on an undercover operation. We targeted some of the busiresses in the city where complaints have been received regarding sale oi cig�recte's to minors. I�Te went to 1055 E. 4th street Bailev's .�arket and ser.t a 17 yr old female in to the store to attempt to buy a pacx os cigaretzes. The undercover informant went in to the store and over a hidden transmitter I heard her ask the clerk for a pack of cigarettes (Marlbcro lights). The clerk asked her for ldentification and she replied she did not h>ve a:.y. The clerk asked how old she was and she replied 17. Tr.e clerk then sold '�er t*:e pack of cigarettes. - Myself and Chris Schweinler went in to the store and identified the clerk as s wassin, Tony• When we asked if he had just sold a pack of cigarettes to a young zema e ne replied yes. We asked if the female was id=_ntified and he said ao. When we asked if he knew she was only 17 years old he replied ya, I guess I was not paying attention. I have received several calls from concerned parents living on the East side of St. Paul requesting something be done with the store. These parents complained that their children were buying cigarettes at the store. The pack of cigarettes were placed in property locker #5. sQ.� c.t� 9� - o �y Syb . _� � f� �. �� _�_�°t . �:. �1 �:s I �Yes � No � CHF � Hom ❑ Aob ❑Jw ❑ Coord ❑ ID ❑ Lab �!1'ec�� ieam ❑ Sez ❑ Fptr D/C � B�rg � Theft Q Prop Q CAU � FSF [] Auto [{ DAO ❑ CO � HumServ Other �� z � f 0 � � . � � J PM 621-92R � e �eh-�h