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96-788C�R4�4f�� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Council File # - t� � l�C Green Sheet # ✓�� RESOLVED, that the Licensee, Frank Willman d/b/a Gala Foods (License ID No. 74576), located at 544 University Avenue West 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. Said fine sha11 be paid to the Office of License, Inspections and Environmental Protection within thiriy (30) days of the adoption of this resolution by the Council and signature by the Mayar. This resolution and the action of the Council in this matter aze based upon the facts contained in the Notice of Violation letter to the licensee, the investigation report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: C� � BY: I UlLa!!�/�`�f.w �^°� Form Approved by City Attorney By: C/thS?lln�.Gl �vo� $�'� Approved by Mayor for Submission to Council Approved by Mayor: Date lL �� By: �- � BY � RESOLUTION CITY OF SAINT PAUL, MINNESOTA � �� Adopted by Council: Date �` Adoption Certified by Council retary a� -�� DEPCILyCO11IlC11 OUNdL ��,�/� GREEIV SHEE N_ 35_718 INITIAVDATE INITIAVDATE CONTACr PERSON 8 PNONE � DEPAFTIMENT DIRECTOR O CIN CAUNCIL Nancy Anderson 266-8564 ASSiGN � CITYATfORNEY O CtTV CLEfiK MU5T BE ON COUNCIL AGENDA BY (OAT� ��FOR O BUDGET DIRECTOR O PIN. & MGT. SERVICES DIR. 7uly 10, 1996 �P°�+ � nuvoa ron nss�srnrrn 0 TOTAL # OF SIGNATURE PAGES (CLiP ALL LOCATIONS FOR SIGNATURE) ACTION flEQUESTEp: Concerning adverse action against licenses held by Frank Willman, DBA Gala Foods, located at 544 University Avenue West. (Uncontested) aECOMMENDAnONS: Approve (A) w Reject (R) PERSONAL SEFiVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ CML SEFVICE CAMMISSION �� H25 iF1i5 pefSONfifR1 CVef WOfkEd undef a COnVaCt fOf thi5 department? � _ CIB COMMtTTEE _ YES NO _ S7RFF 2. Has this perSOMirm ever been a ciry employee? — YES NO _ DISTRICT COURi � 3. Does this personflirm ossess a skill not normall p y possessed by any current city employee? SUPPORTSWHICMCOUNCILO&IECTIVE4 YES NO Erzplain all yes answers on separate sheet anC attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPEIRTUNITY (Who, Whst. When, Where, Why�: ADVANTAGESIFAPPROVED: DISADVANTAGES IFAPPROVED: � J �� 5 1936 � �s��rch Ga�t�r �FRRY gL AXEy ,au� � � ��ss DISADVANTACaES IF NOT APPFOVED TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) .� e OFFICE OF THE CITY ATTORNEY Timothy E. Marx, C+ry A(forney ��-� �� CITY OF SAINT PAUL Norm Coleman, Mayor June 20, 1996 NOTICE OF COUNCIL HEARING Dear Mr. Willman: Civil Division 400 City Ha11 1 S West Kellogg Blvd Sain7 Pau7, Mnnesom 55IO2 �� d/b/a Gala Foods University Avenue West 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 dacuments 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, �/�� -� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIBP Peggy Byrne, Exec. Director, Summit-University Council, 627 Selby Ave., St. Paul, MN 55104 Frank Willman Gala Foods 544 University Avenue West Saint Paul, Minnesota 55103 Re: Licenses held by Frank Willman for the premises located at 544 License ID No.: 74576 Our File Number: G96-0253 7'elephone: 612 266-8i/0 Facsimile: 612 298-5679 �' } y::' �n" Planning q1�-��d UNCONTESTED LICENSE HEARING Licensee Name: Frank Willman d/b/a Gala Foods Address: 544 University Avenue West Council Hearing Date: July 10, 1996 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: May 30, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of client, OfFce of License, tnspections and Environmentat 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 Viotation 4. License information 5. Compliance Report GALA FOODS FRlWK VVfl.LA4AN PftESIDEti'UCEO 544 UNNERSITY AVE ST PAUL, MN. Tekpha�e 6t2 227-9134 r-m� ns assz+az 7une 19,1996 Ms. V"uginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �� 1 �� _ _ , i �. , RE: Letter of June 18, 1996. Dear Virginia: Thank you for eaplaining the situation to us. We are requesring a hearing on the matter of the sale of cigazettes to a minor before the Ciry Council at their earliest convenience. We did not realize it was both a criminal and license violation and, therefore, we were unaware that the license holder could be held liable for the indiscretion of one of their employees. Please contact me as soon as a date has been set. I can be reached at 227-9134. Sincerely, .� ��_ DENNI5 L. RISTAU Operarions Manager, Crala Foods DLR/Is OFFI� "OF THE CITY ATTORNEY Timah� A1ors. Cip'AlrorneJ� CIT'Y OF SAINT PAUL Norm Coleman, Mayos Civr! Division 400 Ciry Hall IS N'est Kel7ogg Blvd. Saint Paul, Minnesota 55101 Te I eph o ne: 6! 2 166-8 i 10 Facsimile: 672198-5679 June 18, 1996 Dennis L. Ristau Operations Manager Gala Foods 544 University Avenue Saint Paul, MN 55103 RE: Letter of June 14, 1996 Dear Mr. Ristau: Thank you for your letter cf June 14, 1996 in which you indicate that you do not dispute that a sale of cigarettes was made to an underage person at the Gala Foods Store on May 30, 1996. Your letter goes on to dispute that the management is responsible for this action, however, so I �m not sure whether you are requesting that this matter be sent to an administrative law judge for hearing, or are agreeing that it should go to Saint Paul City Council to determine the appropriate penalty. I do wish to take this opportunity to distinguish between a criminal violation for the sale of tobacco to an underage person, in which the responsibility lies with the person making the sale, and an action against the licensee, which is what we are involved in with Gala Foods. Saint Paul Legislative Code §310.17 states: Any act or conduct by any clerk, employee, manager or agent of a licensee ... which act or conduct takes place either on the licensed premises or in any parking lot or other area adjacent to (or under the lease or control of) the licensed premises, and which act or conduct violates any state or federal statutes or regulations, or any city ordinance, shall be considered to be and treated as the act or conduct of the licensee £or the purpose of adverse action aaainst all or any of the licenses held by such licensee. What disciplinary action you may decide to take against your employee as a result of his/her disregard of company policy is not June 1�, 1996 Dennis L. Ristau Page 2 an area I can adnress. Noaetheless, this action license of the business. Please contact me a convenience to let me know whether you are administrative hearing, or wish the matter heard Council. Sincerely, `'��,�� J �� Virginia D. Palmer Assistant City Attorney � �-7� is against the t your earliest requesting an before the City cc: Peter Pangborn GALA fOODS FRMYC wN.LAIApt �� ,�� n��. rekp�am si2 m-97u F�c 71S E65-2td2 June14,I996 �S. v1Ig1II;3 D. P3]ICJCL Assistant City Attomey 400 Ci�� Hall 15 West Kellogg$Ivd St Paul, MN 551�2 Dear Virginia, G►6-')tY _ _F �F�K r. � ca v. � 6 4 � 3�.S% � v [ r .�� rY' � '--: �<�;��-'s.�€°2i � `. �': �; vC _ � _ _ e ; � i :'L3'�"�`s'a3a� I am wriring in response to your letter of June 6 citingan emplayce of Crala Foods for a code violation As Operations Manager of Gala Foods, I am acpng as an agent for the stores owner, Mr. Fnnk Willman. This is to inform you tLat �e do not �ispute the facts contai.ned in the let�er. What we are in disagreement R3th is the City's contention Gala Foods owner should be held accountable for the �riolation. I wouldlike 3ou to consider the *�+��+�*es we have taken to ensure Gala Foods compliance with state anG local IaR5: 1). On May 16th, the letter from Ron Kessler a�as posted and e�cplained to all our cashiers. We attached the Minnesota State Statute to this letter explaining to each employee thevtivoutd i�e held acconntable for anv violations.{attache� 2). On May 22, 1996, We issued an Employee Handbook outlining Gala Foods Policies and Procedures. All emptoyces received a Handbook u�th their paycheck.(above attachment included with Handbook} 3). Minnesota Statute is posted and visible at the cigarette dispensi� locatians in the store. The ownership and maziagement of Ga1a Foods has taken the necessary steps to prevent this type of violation We certainly cannot be, nor should we be, held responsible for the actions of an employee who does not a�sh to comply to Company Policy. Thank you for your consideration in this matter. If you'd like to discuss this further please call me az 227-9134. I look forward to hearing from ywt Sincerely, ` `�---� DENNIS L. RISTAU Operations Manager, Cmla Foods THE CITY OF SAFN _�UL IAWRYPROFESSIONALBU. : Tileyhone: 612-266-9C90 h'orm folnnan. Mayor Svi[e 100 Focsemik: 6J?-166-YQfl9 330 Sr. Ptur Srme 6J7-766-917t Sainr Pmd. Mvmetam 35103-7370 �� _� y d - Fc� ��c- C�R^s�/��S �f�•'F�� ae @tfy 43 til6 Q� SQaD�aq t� DQcr>}�s e f�cK s=oa. L b� }�t9u A2o QS�SR� �v2i4lt �i�vS . � Iviay i�}, 1990 To: Saint Paul Cigarette License HoIders _ y _ � ' _>-'.^.�..� �/`` , Fr. .. Robert Kesslet; F:I�'E' Director t�, : � '. Re: Upcoming Compliance Checks .4s you know, the City of Saint Paul has been proactive in the field of tobacco compliance investigations. Throngh the gast four years, our investigations indicate that the sale of tot�acco products to aunors has decreased fmm a level of 44% to approximately 10%, dae lazgely to our continued invesdgations and yovr exceptional degree of cooperation. - i During our most recent investigation, however, the rate of sale to minors by ]icensed cigarette establishmentsinc�eased drasnatically to over SO%. (b out of 11 establishmenu). �.-�° Our Office finds this u�eud tread dishu�bing aad, At s�, i2 will be resuming the practice of regvlarlX ch�1n8 licxnstd cigarette veAdots m ensute compIiancs with the law. We ask that you t9ke the time to review wiih your employees t�u Proper Procedures rtgarding�the`selt iif ,�;'�;�,� t�m�d t�ett hoW imper�t it is to verify that tobacco purchasing casti�riien ere over t}ie 1ega1 sg,e of l B. We plan to have all of the investi ated wiunn ttse � e appreciau your cooperation in this matteT, and if there aze any questions or concems, please do not hesitate to call Ted Koeppl st 2bb-9123. !T 1S �LLEGAL TO SELl. TOBACCO PRODtJC7S TO MtNORS UNDER fHE AGE O�' 18 MIN�OTA lAW PROHIBlTS 7t•3E SALE OF ANY 70F3ACC0 PRODUCTS TO '�i�SONS UNDER THE AGE OF 18. . UNDER TN1S STAN7E TttF EMPLOYEE M�vc�NG �t-tE tu.EGA� SAt� !S HEID RESPQNSIBLE-N�T TNE STORE MAt�tAG�IVIENT. THIS CRlME IS A GROSS MlSDEMEANOR ,PUN[SHABLE BY F1NES t1P TO $3000 , AND/OR 1 YEAR t1V .lAIL . FOR YOUR OWN PROTECTION; R�QUESi' IDENTIFICAT70N PRtOR TO TH� SALE OF TO$ACCO PRODt1CTS. STORE MANAGEMEhiT � OFFIC' �F 7'HE CITY ATTORNEY Timolhy c. rolars, Gry Attorney CITY OF SA1NT PAUL A'orm Calem¢n, Mayor Civi7 Divuron 400 Ciry Ha11 I S West Kellogg Blvd Saint Paul, Mrnnesom 55101 � � . Telephone: 671 166-8770 FauimiTe: 611298-5619 June 6, 1996 NOTICE OF VIOLATION Mr. Frank Willman Gala roods 544 University Avenue West Saint Paul, Minnesota 55103 RE: Al1 licenses held by Frank Willman d/b/a Gala Foods License ID No. 74576 Our File Number: G96-0253 Dear Mr. Willman: The Director of the Oifice 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, aa employee sold cigarettes to a minor under the age of 18 years ia the licensed premises. This ia 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. He can be reached at 266-8776. Page 2 If you have any questions, you may contact me at 266-8710. Sincerely, �/v�.. �� Ca.�•w�t U Virginia D. Palmer Assistant City Attorney � �-�� cc: Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Steve Wilson, Chair, Summit-University Planning Council, 838 Thomas Ave., St. Paul, MN 55104 Judy McLaughlin, Ramsey Hill Association, 275 Summit Ave., St. Paul, MN 55102 Elin Skinner, Exec. Director, Midway Chamber of Commerce, 1600 University Ave., Suite #4, St. Paul, MN 55104 Bob Porter, Exec. Director, Selby Area Community Development Corp., 741 Selby Ave., St. Paul, MN 55104 Peggy Byrne, Exec. Director, Summit-University Planning Council, 627 Selby Ave., St. Pau1, MN 55104 Catherine Ballman, President, Summit Avenue Residential Preservation Assoc., 506 Summit Ave., St. Paul, MN 55102 Irene Rodriguez, Exec. Director, University UNITED, 1600 L3niversity Ave., Suite #4, St. Paul, MN 55104 Ron Pauline, Exec. Director, Aurora-St. Anthony Neighborhood Development Corp., 770 University Ave., St. Paul, MN 55104 ( � f � �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 10, 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: Mr. Frank Willman Gala Foods 544 University Avenue West St. Paul, MN. 55103 (which is the last known address of said person) same, with postage prepaid, in the United States Minnesota. this �!� to before me >, 1996. PETER� f�BORN �UC' �ESOTA 1 CanVa fxPires Jan. 31.200 and depositing the mails at St. Paul, °I�,-�Yt' Lic ID ................... 74576 STAT ..................... AC Business Name............ WILLMAN, FRANK Address .................. 544 UNIVERSITY AVE W Zip..•••••••.....••••••.. 55103 Doing Business As........ GALA FOODS License Name ............. GROCERY (D) . CIGARETTE Exp Date ................. 03/31/97 Insurance Carrier........ Ins. Policy Number....... WAIVERLETTER Insurance E£fective Date. 02/23/93 Ins. Expiration Date..... WAIVED NOTE AREA ................ 1/21/93 PA ON APPN FOR TRFR FR/#19110 OF OFF SALE . MALT, GROC(F) & CIG LICENSE APP'D C.F. #93-75 . 5/96 BUTCHER ADD-ON LIC ELIMINATED PER CF #95-1457 Tax Id ................... 6508059 Worker Comp Exp Date..... O1/18/95 Telephone ................ 227-9134 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° >IE�90RA\Dli9I '�4ay 3l, 1996 TO: Bob Kessler Director Fr.O'vt: Yvonne Chzillet�-��' '�4anaee;,�ent .4s � tant v � b 3 " � �� 3 � ~� , JU� 0 1590 .., � C��`� '�� ` " ` SL�BJECT: Tobacco Compliance Checks a6-�s� On Thursday, May 30, 1995, Kris Sch�.eiriler and I conduaed tobacco compliance checks on 9 establishments. Seven oi the 9 businesses sold tobacco products to our decoy,�, for a total cost of S16.83. The nzmes ofthese businesses and their addresses are noted below. � was paid 530.00 for his ;ime and effons. Piease reimburse Kris for ezpenses tot2ling S46.83. Thank you. Crala Foods Tobacco Plus .°.moco Station Trend $ar St. Paul Fiream:c Bie Top Liquors Rainbow Foods N'al2reen's Cub Foods 5?-� University Avenue W. 575 L'niversiry Avenue W. 11 I 1 University Avenue W. 1537 University .Avenue W. 634 Snellin2 Avenue N. 1574 Ltniversity Avenue W. I 566 University Avenue W. I550 University Avenue W. 1440 Lniversity Avenue W. cc: Kris Schweinler Peter Pangborn J Ginger Palmer ��-�� TOB4CC0 COMPl1ANCE CHECK FORM DA � .: I� G n� ' � i ' �� TAX I. D. NUMBER NAMEOFCOMP�IANCECHECI�R: ��p � NAMEOFOFFICER NAMEANDADDRESSOFUCENSEDVENDOR �.2�'.1� -Yf�G�/ WAS THE TOBACCO - SEIF SERVE? SAIF WAS MADE: YES _� N0: NAME OF CLERK: � DESCRIPiION: CHECKABOFiSED: YES N0: ADDITIONAL CONMENTS: iCS� / T �/� ti �_ ASSI5TED?�J_ MACHWE7 BRAND: :�i , �(.�`� � f'� SIX: M F: t/ � 1 . � ^ J ^� / V CITY OF S.�I\T P.atL Ynrm Cn/rmun. A:cvn :�zEa�ox.a�nr�t June 6, 1996 70 FRO'�1 StBJECT Peter Paneborn Cit� .�:;ornev's 0=,ce 1'�onne Chzillet �/ '�7an2sement AssiJ znt � Tobacco Compliance Checks OFFIC'E OF LICE.'.'SE. I�SPEC710�S .�'.D E��IFp�:91E'�74L PROTE('71p� B. Dn.,�.,� �/ `G��Y LO�iR>� PAOfESSIO�tL 6ClLDlvG S�urr :t/:i i50 A. P<+e�r Srr�'t/ S.:mrPaiJ.9:Inuren,a isrt.../S/U T��r.pi�..,e nl:�:nn.wivu Fw n/::nn-v�ivv ni: :nn-v/_< 7his is a revision to the memo da.ed '�4ay 31, 1996 reearding tobacco compliance checks Checks were made on �he nine esublishments listed below. However, only seven oFthese mne sold tobacco produas to our decoy.�, f or a total cost of 5] 6 83. The names of these businesses, their addresses, and whether or not they sold products are noted. Vendor'�'ame Gala Foods Tobacco Plus Amoco Station 7rend Bar St. Paul Firearms Big Top Liquors Rainbow Foods Wal2reen's Cub Foods Address 544 University :�ve. W. 5"IS University Ave. W. ] 1] 1 University Ave. W 1537 University Ave. W 634 Sne]ling Ave. N. 1574 University Ave. W, 1 S66 University Ave. W. 1 �50 University Ave. W. I440 University .4ve. \u. Sale �9ade Yes Yes No Yes Yes 1'es Yes Yes '� o I apolo�ize for the confusion caused by my earlier memo. Please call me at �'66-9013 if you have any questions cr. Kris Sch�a-ein)er