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96-785� � `t—. � � )y � Council File # �$ lJ ( /'1 ��, Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA � p 0 Presented By Referred To Committee: Date RESOLVED, that the Licensee, The Applebaum Companies, Inc. d/b/a Big Top Liquors (License ID No. 15788), located at 1574 University Avenue West in Saint Paul is hereby ordered to pay a fine of $200.00 for the vialation of the sale of tobacco or tobacco products to a minar. Said fine shall be paid to the Office of License, Inspections and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Councii in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the investigation report, and such azguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. sy: �, Approved by Mayor: Date L BY= � 3C _�Y%L� Requested by Department of: �( C�l $ �G��'(�� Form Approved by City Attorney By: y/vr�vvr.�Q .J c�,-,.��c _�� Approved by Mayor for Submission to Council By: Adopted by Council: Date �� C�q(� ,� � Adoption Certified by Counci S retary 9�-'1�5 DEP CIC�' C011II� H��UNCiL oar 6/25/96 GREEN SHEE � N_ 3 5 7 9 4 �— CANTACT PEP$pN 8 PHONE INRIAVDATE INRIAVOATE O DEPARTMENiDIRE � CINCAUNCIL HaIIC}� t�IlCIC150II 2�-PiS� �� CITY ASTOANEY O CISY ClEF1K MUST BE ON COUNCIL AGEN�A BY (DATE) q�� O BUQGET OIRECiOP � FIN. & MGT. SFAVICES DIR. July 10, 1996 OPDEfl Q MAYOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNATURE) ACiION REOUE$7ED: Concerning adverse action against licenses held by The Applebaum Companies, Inc., DBA Big Top Liquors, located az 15�4 University Avenue West. (i7ncontested) RECAMMENDA710N5: Approve (A) or qeject iq7 PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a comract for this departmani? _ CIB COMMITfEE _ YES - NO — � A � — 2. Has this person�rm ever been a ciry employee? YES NO _ DISTRIC7 CAUR7 _ 3. Doas ffiis rsontlirm ssess a skill not nortnal pe po ry possessetl by any current city empioyee? SUPPORTSWHICNC�UNCILOB1EC7iVEa YES NO Explain all yes enswers on separote sheet antl attech to green sheet INITIATING PHOBLEM, ISSUE. OPPORTUNRY (Wha. Whet, When, Where, Why): ADVANTAGESIFAPPROVED: DISADVANTAGES IFAPPROVED: � 6a��fiWi; ..�.vY:�:`�i4 �ri.i�� ,flEP� 2 5 '°s336 --�:� D4SADVANTAGES IF NOT APPROVED' TOTAL AMOUNT OF TRANSACTIOP! S COSTlREVENUE BUDGETEO (CIRCIE ONE) YES NO FUNDING SOURCE ACTIVI7Y NUMBEp FINANCIAL INGORMATION: (EXPIAIN) CITY OF SAINT' PAUL Nasm Coleman, ktayor June 20, 1996 OFFICE OF THE CITY ATTORNEY , Timothy E Marx, City Anorney �� C J Civil Divrsion 400 City Ha(1 Telephane: 612 266-8710 IS West Kellagg Blvd Facsimile: 612 298-5619 Saint P¢ul, Minmesom SSIO2 NOTICE OF COUNCIL IiEARING Jay Applebaum, Ellen saffron, �ounc'sf �a� �t�r Nancy Rosenberg Big Top Liquors J�y 2� (��s 1574 University Avenue West Saint Paul, Minnesota SS10a Re: Licenses held by Applebaum Companies, Inc. d/b/a Big Top Liquors for the premises located at 1574 tiniversity Ave. West License ID No.: 15788 Our File Number: G96-0258 Dear Mr. Applebaum, Ms. Saffron and Ms. Rosenberg: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday July 10, 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 266-5710. Very truly yours, �-".��P � !��-�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park Community Council, 2Q00 St. Anthony Ave., St. Pau1, MN 551Q4 Ed Bower, Community Organizer, Snelling-Hamline Community Council, 1573 Selby Ave., Room 319, St. Paul, MN 55104 �l �-'lgs UNCONTESTED LICENSE HEARING Licensee Name: The Applebaum Companies, Inc. d/b/a Big Top Liqours Address: 1574 University Avenue West Council Hearing Date: July 10, 1996 Violation: Sate of Cigarettes to a Minor Minn. Stat. § 609.685 St. Pau{ Legistative Code § 324.07 Date: May 30, 1996 Place: Licensed Premises Presumptive Penaity: $200.00 Fine Recommendafion 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. Letter of licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report � �--� 1: q -1 rs �� .,�,: _ �: J:1i�i 1 r i`,7'..D �� '�� .�: ; June 14, 1996 Ms. Virginia D. Palmer Asst. City Attorney City of St. Paul 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Ms. Palmer: We do not dispute the facts according to your letter ofi June 6, 1966. Therefore, there is no reason for us to make an appearance in front of the City Council. 7he company apologizes for the violation and have repeatediy warned our employees that the customer must have a proper ID. It just seems that certain employees seem to take the matter in their own hands and just won't listen. We certainly appreciate your consideration in this matter. Sincerely, � Jay Applebaum President � applebaum companies, inc. 7574 UNIVERSITY AVENUE • ST. PAUL, MINNESOTA 55704 • 612/644-4501 OFFICE OF THE CI7'Y A"I'TORNEY Timorhy & Mors, Ciry Arrorney CITY OF SAINT PAUL Norm Coleman, M¢yor Civi/ Division 400 Ciry Hall IS Wesr Kellogg Btvd Sairst Paul, MinrtewW 55102 U G � �a 7'elephone: 612166-8i t 0 Faa+mile: 612 298-5619 June 6, 1996 NOTICE OF VIOLATION Mr. ,Iay Anplebaum, Ms. Ellen Saffron, Ms. Nancy Rosenberg Big Top Liquors 1574 University Avenue West Saint Pau1, Minnesota 551�4 RE: All licenses held by Applebaum Companies, Inc. d/b/a Big Top Liquors License ID No. 15788 Our File Number: G96-0258 Dear Mr. Applebaum, Ms. Ellen 5affron and Ms. Nancy Rosenberg: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses held at the above-named premises. This recommendation is based on the following: On May 30, 1996, an employee sold cigarettes to a minor under the age of 18 years in the liceased premises. This is an offense uader Mina. Stat. �6U9.685 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 oroper penalty, if any, to be imposecl. 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 apnear 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. He can be reached at 266-8776. S Page 2 If you have any questions, you may contact me at 266-8710. Sincerely, �� Virginia D. Assistant 'Ci �� Palmer ty Attorney �G_�� cc: Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Urban Landreman, President, Lexington-Hamline Community Council, 1184 Portland Ave., St. Paul, MN 55104 Bob Porter, Exec. Director, Selby Area Community Development Corp., 741 Selby Ave., St. Paul, MN 55104 William Oetting, Merriam Park Community Council, 416 Herschel St., St. Paul, MN 55104 Irene Rodriguez, Exec. Director, University UNITED, 1600 University Ave., Suite #4, St. Paul, MN 55104 Sue Roberts, Desnoyer Park Assoc., 560 Cromwell Ave., St. Paul, MN 55114 John VanHecke, President, Snelling-Hamline Community Council, 1380 Ashland Ave., St. Paul, MN 55104 Elin Skinner, Exec. Director, Midway Chamber of Commerce, 16Q0 University Ave., Suite #4, St. Paul, MN 55104 Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park Community Council, 2000 St. Anthony Ave., St. Paul, MN 55104 Catherine Ballman, President, Summit Avenue Residential Preservation Assoc., 506 Summit Ave., St. Paul, MN 55102 Ed Bower, Community Organizer, Snelling-Hamline Community Council, 1573 Selby Ave., Room 319, St. Paul, MN 55104 ��-'Iss STATE OF MINNESOTA COUASTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMEN'I'S, being first duly sworn, deposes and says that on June 10, 1996, she served the attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Jay Applebaum Ms. Ellen Saffron Ms. Nancy Rosenberg Big Top Liquors 1574 University Avenue West St. Paul, MN. 55104 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Lic ID.........•••••••••• STAT........•••••........ Business Name..._........ Address .................. Zip ...................... Doing Business As........ License Name ............. Exn Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 15�88 q`- l U 5 AC THE APPLEBAUM COMPANIES INC 1574 UNIVERSITY AVE W 55104 BIG TOP LIQUORS LIQUOR - OFF SALE GROCERY (C) CIGARETTE O1/31/97 ST PAUL FIRE & MARINE RS06628882 O1/22/96 02/O1/97 INSP CHANGE FROM 02 TO O1 ON 3/20/92 INSPECTOR CHANGE FROM BARB TO MIKE - 1/6/92 11223 111987 OFF SALE MALT LICENSE CANCELLED - REFUND P. V. V-16�-�252 ELLEN SAFFRON'S NAME CHANGED FROM ELLEN APPLEBAUM AS A RESULT OF MARRIAGE THAT TOOK PLACE ON MAY 17, 1987 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Tax Id ................... Worker Comp Exp Date..... Telephone ................ 4/4/95 SIDNEY APPLEBAUM & LORRAIIVE APPLEBAi3M DELETED AS OFFICERS PER LETTER DATED 3/31/95-LAP PH NOTICE SET FOR 9/20/95 SENT OUT Sj2/95 112 MAILED, 34 EMAILED, 2 INTEROFFICE 3/27/96 C1G CODE ADDED FR/ID# 78665--LAP-LIC 5691245 08/OS/94 64a-4501 Press `C' to continue, 'P' to print, or `R` to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 1IE>90RA\Dli�1 '�9ay 3l, 1996 T0: Bob Kessler Direc,or �+ � � y q ��i.� a r JL'�1 0 1590 . ...- , �— �� ` _ _ _ _ . C:. FRO'�i: Yvonne Chaillet�-��'' '�1ana�eme�t .�Ls � tant — v St�BJECT: Tobacco Compliance Checks �� ( �S On Thursday, ?vlay 3Q 1996, Kris Schweiriler and I conducted tobacco compliance checks on 9 establishments. Seven oi the 9 businesses sold tobacco products to our decoy,�, for a total cost of 516.83. The names of these businesses and their addresses are noted below. � was paid 530.00 for his ;ime and effor[s. Please reimburse Kris ;or expe:sses totaling 546.83. Thank you. Crala Foods Tobacco Plus Amoco Siation Trend $ar St. Pau1 Firearrr.c Bi¢ Top Liquors Rainbow Foods WaIsreen's Cub Foods S?4 tiniversiry Avenue W. 575 Universiry Avenue W. 11 I 1 Universiry Avenue W. 1537 L'niversity.Avenue W. 634 SnelIing Avenue N. ] 574 University Avenue W. I 566 Unive: sity .Avenue W. 1550 University Avenne W. 1440 Universiry Avenue W. cc: Kris Schweinler Peter Pangborn � Ginger Palmer _ ' 10-, TOBACCO CAMPllANCE CHECK FOAM # �J DATE: � I� TIME: N.?lp TAX I. D. NUMBER: p � NAMEOFCOMPW\NCECHECKER �. �I i� tn/.�,G`'i��' �• NAMEO OFFICEft NAMEANDADDRESSOFLlCENSEDVENDOR /!�G9 �d�//J� �_eliG!4G.!� �� , i .- „ WAS THETOHPGCO - SELF SERVE? SALE WAS MADE YES �J N0: NAME OF CLEAK: - / �-L`��->'�' . /, DESCAIPitON: U CHECKABORiED: YES N0: —r.— 'i � ADDITIONALCOMv1ENTS: �Vi�f_9_ "-�! 2.a /..L, ASSISiED? V �l MACHME? BRAN�: n ' — SEX: M V ` F: /J. / � �� ✓ OFFICE OF L10E�SE. I'�'SPECTIO'.'S 4>'D E��'IRO!��M1EKT�L PROTE(T10� F„h� n Are.J� r. Du.. r,,, q��8s CITY OF S.�I:�T P.�L�I. \brm Cnlrmon. Agaiin �ZE170Ra�Dt'�i June 6. 1996 T0: Peter Pznsborn Cit� A;,omev's Omce FRO'�9: Y� onne Chaillet `/�j :�lanaeement Assi�znt SLBJECT Tobacco Compliance Checks LO�i'R}' PROFESSIO�.�L scitoi vc S�a+r ?lXl =3� St Ptrrr So-rn SarmPmd.h9rnrvunm S�/U.Jc/ L�hyb..,,. n/.�_nn.4uwi Fa..��nilr n1:;nn.eivv ni: :M.vl_' This is a revision to the memo dated '�1ay 31, 1996 re2ardin2 tobacco compliance checks Checks were made on the nine estzblishments listed below. Ho�a�ever, only seven of these nine sold tobacco products to our decoy,�, f or a tota! cost of S] 6.83. The names of these businesses, their zddresses. and whether or not they sold products are noted. Vendor \ame Gala Foods Tobacco Plus Arnoco Station Trend Bar St. Paul Firearms Big Top Liquars Rainbow Foods Walgreen's Cub Foods Address 544 University Ave. W. � i5 University Ave. W. ] l] I University Ave. W 1537 University Ave. W 634 Snellin� Ave. N. 1574 University Ave. W ] 566 University Ave. W I5�0 University.�ve W ]440liniversity.4ve \u Sale 11ade Yes Yes No Yes Yes Yes Yes Yes '� a I apolo�ize for the confusion caused by my earlier memo- Please call me at �'66-9013 if you have any questions cc. Kris Sch��einler