96-789g Council File # 1�9
�� � � `' i ' " � � Green Sheet # � J ��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
„_ � . 4a
Presented By
Referred To
Committee: Date
RESOLVED, that the Licensee, Miller & Holmes, Inc. d/b/a M. & H. Gas Station
(License ID No. 00231), located at 721 Arcade Street 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 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 resolu6on 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 invesfigation report, and such
arguments as may have been presented to the Council at the public heazing. The facts were not
contested by the licensee.
Requested by Department o£:
�f�
By:
t Form Approved by City Attorney
Adopted by Council: Date �
Adoption Certified by Counci Se retary /�
By: � �y%�w� _
B�'� �y.� 'a � Approved by Mayor £or Submission to Council
Approved by May� Date � �j•{.
By:
`�2t. � (;�� BY
�t �-��9
DEPC ry C ��N��� °" 6iisi96� . GREEN SHEE .�� _3 5 � � � �
INITIAVDATE INRIAUDATE
CONTACT PERSON & PMONE O DEPARTMENT DIRECTOR � CITY CAUNCiI
Nancy Anderson 266-8564 ass�cN O CITY ATfORNEY � cm c��uc
MU5T BE ON CAUNC0. AGENOA BY (�A7E) NUYBER i0R O��� OIREC7�R � FIN. 6 MGi SERVIGES OIR.
R011TiNG
July 10 � IS9G OpD O MAYOR (OR ASSISTANTj �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SICaNATURE)
ACTION REQUE5fED:
Concerning adverse action against licenses held by Miller & Holmes, Inc., DBA M. & H. Gas Station, located at 721 Arcade Street.
(Uncontested)
RECOMMENDnnONS: Approve (A) a Rejact (a) pERSONAL SERVICE CONTRACTS MUST ANSWER Tf1E FOLLOWING �UESTIONS:
_ PUNNING CAMMISSIINJ _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worked under a coMract for this department? �
_ CIB COMMITfEE _ YES NO
— �� F 2. Has ihis personKrm ever been a city employee?
— YES NO
_ DISTRICT COURT — 8. Does Mis person/firtn possess a skill not normally possessed by any curteM cily employee?
SUPPORTSwHICNCOUNCILOHJECTIVET YES NO
Explain all yes answers on separate shcet and attach to green sheet
INITIATING PPOBLEM, ISSUE, OPPOFiTUNIN (Who, What, NTen. Where, Why):
ADVANTAGES IF APPflOVED:
DISADVANTAGES IFAPPROVED'
� �3�->�0��4 �6��i
JIiN 2 5 i���
DISADVANTAGESIFNOTAPPROVED'
TOTAL AMOUNT OF TRANSACTION $ COST/HEVENUE BUDGE7ED (CIHCLE ONE) YES NO
FUNDIHG SOURCE ACTIVITY NUMBEH
FINANCIAL INFORMATION: (EXPLAIN)
•° � OFFICE OF THE CITY ATTORNEY
Timathy E. Mars, Ciry Altorney ��_^��
�
CITY OF SAINT PAUL
Narm Coleman, Mayor
June 20, 1996
Brett Sandborgh
M. & H. Gas Station
721 Arcade Street
Saint Paul, Minnesota 55101
Re: Licenses held by Miller and Holmes, Inc.
d/b/a M. & H. Gas Station
JUN 2 � 7996
for the premises located at 721 Arcade Street
License ID No.: 00231 �
Our File Number: G96-0232
Dear Mr. Sandborgh:
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 266-8710.
Very truly yours,
-` ��,�.uc�l� ��P..x.z-.
Virg�ia D. Palmer
Assistant City Attorney
Civii Division
400 Ciry Hall
IS West Kellogg Blvd
Saint Paul, Mmnesata SSIO2
NOTICE OF COIINCIL HEARING
Telephone: 6I2 266-87I0
Facsimife: 612 298-i619
,.,�..� , s,.�.:,�. ; .;�<.
cc: Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Gary Pechmann, Deputy Director, LIEP
Kathy Smith, Community Organizer, Dayton's Bluff Center for
Civic Life, 281 Maria Ave., St. Paul, MN 55106
��-��9
UNCONTESTED LICENSE HEARING
Licensee Name: Miller 8� Holmes, Inc. d/b/a M. � H. Gas Station
Address: 721 Arcade Street
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 9, 1996
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 resotution
2. Letter of licensee or attorney agreeing not to contest the facts
3. Notice of Violation
4. License information
5. Compliance Report
06J18/1956 14:2fi 6122'L46826 MILLERR:HOLMES,IN�.
M iLL.ER � �7t�Lt�AL�S, iN�.
M�N GAS
�I..H ST�R'�g
501 LAFAYETTE R4AD
SAit+IT PAUI, MINiV£SOTA S57U7
PHONE 612-224587d
Iune 7.7, 1996
Vir�nia lJ.1'almer
Prssistant Caty trLttarney
Ciry of S�sct Paul Czvil Division
4U0 Ciip Ha11
f 51�est Kellog Bl+�d.
�t Faa3, ;VIN �5102
RE: LecEea� sent 14Say 24, i495
Ni&kI doea not dispute your lette�' which scaYes:
Oze Thursday, May 9, 1996 you or anather empinyee sol�t
,r�gareltes to a minor under the age of i8 years in the licensesl
pmmises. Thes is an offense uuder �4Jin�. St�t 6U9.6SS and
Saint paa] Legislative Cods 32�.07.
P�GE 02
i � � ! l �
���
Esta6��s/�ed 1898
Piease forward our respcu�se to ihe Cicy Council far coz�sidemtion ixa lieu of our "appearanca
and sia�ment a� ta the P1'oPet' P�n�1tY� ��!', to ba mipqaed-
Respecifui[Y,
IvIIiI,ER & HOL':�5, INC.
����` �
Brett S�dborah
Execittive Tcainee
M ILLER
M�H GAS
� HOLMES,
M�H STORES
501LAFAYETTE ROAD
SAINT PAUL. MINNESOTA 55101
PHONE 612-224-5874
June 19, 1996
City of St. Paul City Council Members
c/o Virginia D. Palmer
Assistant City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, MN 55102
Dear Council Members:
We are in receipt of letter dated May 24, 1996 advising
there has been a violation of Minn. Stat. 609.685 and
Saint Paul Legislative Cocle 324.07 at our premises. We
no way conclane the failure of any employee to check the
of any consumer.
M�H
EstaCGShed 1896
us
in
ID
M&H vigorously enforces the state and city law prohibiting
the sale of cigarettes to minors. When any employee is
hired they sign a letter stating the sale of alcohol or
cigarettes to a minor violates the law. A copy is enclosed
Eor your review. Triis letter contains instructions on
proper icientification of age before sale. M&H attached a
copy of this letter to each employees most recent paycheck
as a reminder. A cover letter was also attached that warns
of potential suspension and or termination for failure to
follow triis law. In addition, we have recently implemented
the tobacco retailing "WE CARD" kits, distributed by North
Dakota Petroleum Marketers Association. Inside each kit are
signs, buttons, educational video tapes and other similar
materials all used by our Store Managers in their e£forts to
train employees to avoid sale o£ tobacco products to minors.
We riave also called the manager at every store location,
including those outside the city of St. Paul ancl discussed
the seriousness of selling alcoriol or tobacco to minors,
verified that the "WE CARD" kits are in use and asked the
manager to review the letter mentioned above with eaCh
employee.
i; C �`'�� � �
y 1
- ��.������
1 NC. .:L';�d i 2 i9°o
�,_;.,� � � � ��� ��'�
:�_ . _ �.,
q�—`1d'9
We have never haci a violation of Minn. Stat. 609.685 or
St. Paul legislative Code 324.07 at our store in St. Paul.
Respectfully,
MILLER & HOLMES, INC.
�i�� ��',-�� L
Brett E. Sandborgh
Executive Trainee
BESIkh
Enclosure
.- 4;�
M ILLER
MzH GAS
E NOLMES, INC,
M�H szaR�s
SO1lAFAYE;TE ROAD
SAIN7 PAUL, MINNESOTA 55101
PHONE 6�2-224-5874
Po �il Empioyees:
at�-��1
� £ �
ESfabLSh�d;896
�Sinnesota state laa makes ii a crime to se11 alcoholic
beverages to a person under twenty-one years of age, or to
sell tobacco to a person under the age of ei�hteen years.
Whoever furnishes tobacco or tobacco-related devices to a
person under the age of eighteen years is �uilt� or a�'ross
misdemeanor.
It is imperative that a11 employees require prooi" of age
when selling alcohoi, tooacco or tobacco-related de�-ices to a
cuszomer who appears to be under the aye oi ei�ht°°n. Proof
of a�e can be established only by a valid c3river's license or
Minnesota or military identification card with a photo�raph.
In the case of a foreign national, a valid passport is
satisfactory proof of age. A customer's failure to produce
the required identification is reason to refuse a sale. If
you have any doubt whether a customer is over the age of
eighteen, request the above-described identification with a
pnotoaranh.
Se11in� a2cohol, tooacco or tobacco-reiated ._���c=s to
individuals uncer the lawPul a�es �'�oiates zne lax�and
suojects both the employee and the company to prosecution.
The company may also lose it's license to sell alcohol and
tooacco and have difficultv obtaiain� insurance.
Failure to follow the law or companv rules will result
in immediate dismissal.
Every employee, includin� new empioyees, must sign a
copv of this memorandum tc indicate that he or she
understands these rules. :� si�aed copy of this memorandum
wil'_ be kept in each employe�'s perscanel file.
I H:�4"E RE 1D THIS ME�IOt2��Dli�I ��D �GREE TO rOLLOW THESE
IVSTfti:CTIONS. I 0\DERST.�1�D TH_�; I`1:�Y BE TERMIV�TED Ir _ DO
�OT FOLLOW THESE IvSTRUCTIONS.
Si
Station Manager:
Post one copy
sign two let�ers.
aPd one snouid !:e
Date
on bulletin board. Eacn employee should
One should he inserted in the station file
sent �o t:e oi_'�c?.
June 29, 1989
OFF: OF THE CITY ATTORD7Ey
Timothy E. Mars, Ciry Atmrney
CITY OF SAINT PAUL
Norm Coleman, Mayor
Civil Division ""
400 Ciry Hall
IS West Kellogg Blvd
Sain1 Pau� .�nnesam 55702
� �p � �q
Telephone: 612166-8710
Fatsimile: 672198-5619
May 24, 1996
NOTICE OF VIOLATION
Owner
M. & H. Gas Station
721 Arcade Street
Saint Paul, Minnesota 55101
RE: All licenses held by Miller
Station for the premises located
License ID No. 00231
& Holmes, Inc. d/b/a M. & H. Gas
at 721 Arcade Street, St. Pau1
To Owner of M. & H. Gas Station:
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 Thursday, May 9, 1996, you or another employee sold
cigarettea 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
Page 1
a �-� ��
necessary steps to set up that ALJ hearing
266-8776.
He can be reached at
If you have any questions, you may contact me at 266-8710.
Sincerely,
�`���`�
�
V ��G..Z1
Virginia D. Palmer
Assistant City Attorney
cc: Miller & Holmes, Inc., 501 Lafayette Road, St. Paul, MN 55101
Jaime L. Arrigoni, 714 York Ave., St. Paul, MN 55106
Robert Kessler, Director, LIEP
Gary Pechmann, Deputy Director, LIEP
Sgt. Tredal, SIU, Police Dept.
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 Housing
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
�� -���
STATE OF MINNESOTA
) ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF RAMSEY )
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on May 29, 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:
Owner
M. & H. Gas Station
721 Arcade Street
St. Paul, MN. 55101
Miller & Holmes, Inc.
501 Lafayette Road
St. Paul, MN. 55101
Jaime L. Arrigoni
714 York Avenue
St. Paul, MN. 55106
(which is the last known addresses
the same, with postage prepaid, in
Paul, Minnesota.
Subscribed and sworn to before me
this 29th day of May, 1996.
�'��� `�'/�1- �'��,--�/�
Notary Public
� _ RITA M. BOSSARD �
� NOTARYPUBLIC-MINNESOTA
R.4MSEY COUNTY
A'1Y Comm. Expires Jan. 31. 2W0
■ �
of said persons) and depositing
the United States mails at St.
Lic ID ................... 00231
STAT..........•••••••••.. AC
Business Name............ MILLER & HOLMES INC
Address .................. 721 ARCADE ST
Zip ................•••... 55101
Doing Business As........ M& H GAS STATION
License Name ............. LIQUID FUEL DEALER
. GROCERY (C)
. CIGARETTE
. GAS STATION
E� Date ................. 03/31/97
Insurance Carrier........ WAIVER LETTER
Ins. Policy Number....... WAIVERLETTER
Insurance Effective Date. 11/10/93
Ins. Expiration Date.....
°l � -��q
NOTE AREA ................ INSP CHANGE FROM O1 TO 02 ON 3/20/92
. 12328
. 080290 PH ON APPN FOR RENEWAL OF PARKING LOT LICEN
. SE AND SUPPORTING CLASS III ZICENSES APP'D C.F. 90
. -1326
_ 6/15/93 RENEW APP'D - MAIZ,ED 7f9/93
. 12777
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Tax Id ...................
Worker Comp Exp Date.....
Telephone ................
12/16/93 REMOVED ORIGINAL CONTAINER PER STEVE
OLSON.
1/21J94--OFF SALE MALT LIC CANCELLED--REFUNDED
PV #V-160-2303
3/4/94 PARKING LOT RAt`�IP AND OFF SALE MAI,T DELETED
FROM LICENSE PER RENEWAL NOTICE --VC LIC
1/1/93 PER BOB-ADD'L GAS PUMP LICENSE ELIMINATED
8198434
O1/O1/95
000-0000
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:�1E'�10R�\DliM
May l5, 1996
TO: Bob Kessler
Director
FRO'�9: Y��onne Chaillet "
:�9an2eement Assis�ant
StB7EC7': Tobacco Compliance Checks
� �����
On Thursday, May 9, ] 996, Kris Schw�einler and I conducted tobacco compliance checks on 11
establishments. Six of the ] 1 businesses sold tobacco products to our decoy, �, for a total
cost of 512.38. The names ofthese businesses and their addresses are noted below. :��as
paid S20.00 for his time and effores.
Conoco Station
Ci2ar Emporium
M & H Gas Station
7th Street Market
1208 Arcade Street
1440 Arcade Street
721 Arcade Street
16�8 7th Street East
Blue Marine'vlarket i 186 Prosperity Road
Sam's Dairv
1541 Mary•land Avenue East
cc: Peter Pangborn
Gineer Palmer
� �-1 �°�
, Y TOBAGCO CAMPLlAD10E CHECK FORM �L
DATE ��J �� 7�� -; :/D TAX I. D. NUMBER:
NAMEOFCOMPUANCECHECF�R: �.�L,��;�-Q+��C_J NAMEOFOFFICER
NAMEANDADDRESS OF IJCENSEDVENDOR: N� !G �/ �/A'� ��Ti�j �
�� � �� •f AM � �
WASTHETOBACCO-SELFSEAVE? ASSISTED? MACHWE?
( �
SALE WAS MADE: YES L N0: BRAND: ���_,l�
NAME OF CIFRK: �?!', `_ SIX: M �� F:
DESCRIPiION:
CHECKABORTED: YES N0:
ADDITIONAL COtvMENTS: