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96-790, � i � � � ? _ . ; � .: � Presented By Referxed To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Council File # ��qo Green Sheet # �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee: Date RESOLVED, that the Licensee, Nizar M. Alsadi d/b/a Nizar's Market (License ID No. 11754), located at 1541 Maryland Avenue 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. Said fine shall be paid to the Office of License, Inspecfions and Environmental Protection within thirry (30} days of fhe adoption of this resolufion 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 azguments as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: �� BY� / s By: Approved by Mayo : Date /1i �4 By: /"L � <<�� 43 Form Approved by City Attorney BY � `'7/�hQ.ti �✓uP� Approved by Mayor £or Submission to Council By: Adopted by Council: Date C Adoption Certified by Counci Se etary q�-�190 �c�TyCo��"'�'� �6izsi� GREEN SHEE �° 35717 CANTACT PERSON 8 PHONE INITIAVDATE INRIAUDATE a DEPARTMEM DIRE � CITY GOUNCIL Nancy Anderson 266-8564 ASSIGN O pTY ATfORNEY � CRY CLERK MUSTBE ON CpUNCIL AGENDA BY(DATE) NUYBER FON � BUDGETDIqECTOFi � FlN. & MGT. SEflVICES DIA. ROUTING July 10 � 1� Op � MAYOR (OR AS5ISTANn ❑ TOTAL # OF SIGNATUHE PAGES (CLIP ALL LOCATIONS FOH SIGNATURE) ACiION fiEQUESTEO: Conceming adverse action against licenses held by Nizar M. Alsadi, DBA Nizar's Market, located az 1541 Maryland Avenue East. (Uncontested) RECOMMENDA7IONS: Approve (A} or Reiact (R) pEflSONAL SEFiVICE CONTRACTS MUST ANSWER TNE FOLLOWINCa �UESTIONS: _ PLANNING COMMISSION _ CNIL SERVICE COMMISSION �� Has Mis persoNfirm ever worketl under a coMract for Mis departmeM? _ CIB CoMMIT7EE _ YES NO _ SiqFF 2. Has this person/firm ever bee� a city employee? — YES NO _ OISiR1Ci COUFiT — 3. Does this person/firm posses5 a skill not normally possessetl � by any curreM city employee. SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yss answers on aeparMe sfieet and attaeh to gTeen sheet INRIATING PROBLEM, ISSUE. OPPORTUNITV (Who. What, NTen, WhBre, NTy): ADVANTAGES IF APPROVED: DISADVANTAGES IFAPPpOVEO: ° �1' �iC� �53��6�`i $�' � �� i � �� e �, OISAOVANTAGES IF NOT APPROVED TOTAL AMOUNT OF TpANSACTION $ COST/HEVENUE BUDGE7E0 (CIRCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITY NUMBEq F7NANCIAI INFORMATION: (EXPIAIN) OFFICE OF TF� CITY ATTORNEY Timotky E. Marx, Ciry A[torney CITY OF SAINT PAUL Nosm Coleman, Mayor Civi[ Division �f00 Ciry Halt 1 S West Keliogg Blvd Saint Paul, Mbenesota Sil02 Telephane: 612 266-SilO F¢csimi/e: 612 298-5619 June 20, 1996 NOTICS OF COiTNC2L HEARING Nizar M. Alsadi Nizar's Market 1541 Maryland Avenue East Saint Paul, Minnesota 55106 Re: Licenses held by Nizar M. Alsadi �01931Ct �,��i�t G�i�E� JtlN 2 5 1�96 d/b/a Nizar's Market for the premises located at 1541 Maryland Avenue East License ID No.: 11754 Our File Number: G96-0233 Dear Mr. Alsadi: 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 Hal1 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 cor_tained 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, ��/;�9 ^,.cG C � I� �u..Y�u-e� Virgini�D. Palmer Assistant City Attorney cc: 1�5ancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Tim Dornfeld, Community Organizer, Dist. 2 Community Council, 2169 Stillwater Ave., St. Paul, MN 55119 �l �-�9 0 UNCOI�ITESTED LlCENSE HEARING Licensee Name: Nizar M. Alsadi d/bla Nizar's Market Address: 1541 Maryland Avenue East Councii Hearing Date: July 10, 1996 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.U7 Date: May 9, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant Cifiy Attorney on behalf of cfient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Letter of licensee or aitorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report �� -? q � JU�a �? 15�v __�,�� ° - �� :�� 6/4(96 Ms. Virginia D. Palmer Assistant City Attorney Office of the City Attomey Civil Division 400 City Hall 15 West Kellogg Blvd 5aint Paul, Minnesata 55102 RE: Notice of Violation Dear Ms Paimer: As I have discussed with you on the phone, we aze not going to dispute the facts regarding the incident occurred on May 9th 1996. I want to stress that it was a rare occurrence and all it is stressed to all the employee to check for I.Ds if there is doubt about the customer. We will not sell any cigazettes to minors knowingly. We will be stressing it more to all the employees to be more strict in their job to make sure no cigarettes are soid to minors. We will do all we have to do to make sure it does not happen again. Sincerely, y'�i I� �' /� �S� o� � Nizar Alsadi Owner OFFI� 7F THE CITY ATTORNEY Timoihy .... Mors, Ciry Attorney CITY OF SAINT PAUL Norm Cofeman, .Nayor civrt Divictoa - - 400 Ciry Hall IS West Kellogg Blvd Saiu Pau{ Minnesata 55102 � �o��q 0 Telephone: 611166�i10 Facsimile: 671298-5619 May 2a, 1996 NOTICE OF VIOLATION Nizar M. Alsadi Nizar's Market 1541 Maryland Avenue East Saint Paul, Minnesota 55106 RE: All licenses held by Nizar M. Alsadi d/b/a Nizar's Market for the premises located at 1541 Maryland Avenue East, St. Paul License ID No. 11754 Dear Mr. Alsadi: 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 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 Page 1 ° neces5ary steps to set up that ALJ hearing 266-8776. Ae ca��e reached at If you have any questions, you may contact me at 266-8710. Sincerely, / �` � y 'L a c_ � ��n� Virginia D. Palmer Assistant City Attorney cc: Kaliher Skyline Manor, Inc., 3833 Waville Rd., Bemidji, MN 56601 Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Sgt. Tredal, SIU, Police Dept. Gary Unger, Chair, Dist. 2 Community Council, 1847 Idaho, St. Paul, MN 55119 Tim Dornfeld, Community Organizer, Dist. 2 Community Council, 2169 Stillwater Ave., St. Paul, MN 55119 Marjorie Barnard, Phalen Village Business Assoc., 1565 E. Idaho Ave., St. Paul, MN 55106 Karen Swenson, Exec. Director, North East Neighborhood Development Corp., 1545 Maryland Ave. E., St. Paul, MN 55106 Page 2 °� �� ° STATE OF MINNE50TA COUNTY QF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOA_NNE G. CLEMENTS, being first duly sworn, deposes and says that on May 29, 1996, she se� the attached NOTICE OF VIOLATION on the following named persons hy placing a true and corre�t copy thereof in an envelope addressed as follows: Nizar M. Alsadi Nizar's Market 15?1 Maryland Avenue E. St. Paul, MN. 55106 Kaliher Skyline Manor 3833 Waville Road Bemidji, MN. 56601 (which is the last known addresses 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 29th day of May, 1996. �{.LC. �- �/v�/.�.�L-l� Notary Public . • RITA +A. EOSSAFD ,� t.07�1RY Rt�LIC - PAF:i.ESOTA �•:�,.' RAMSEY COUNTY My Cwnm. Expires Jan.31.2000 ` ■ Lic ID ................... 11754 STAT ..................... AC Business Name............ ALSADI, NIZAR M Address .................. 1541 MARYLAND AVE E Zip ...................... 55106 Doing Business As..._.... NIZAR'S MARKET License Name ............. CIGARETTE . GROCERY (C) E� Date ................. 03/31/97 Insurance Carrier........ Ins. Policy Number._..... Insurance Effective Date. Ins. Expiration Date..... ��-'l9� NOTE AREA ................ 12492 . 062392 Pfi ON ESTABLISHING A$200 FINE FOR THE SALE . OF CIGARETTES TO A MINOR (UNCONTESTED) LAYED OVER . INDEFINITELY . 070792 " " " " APP'D C.F. 92-877 . 072292 FINE PAID . 12/28/93 DBA CHANGED FROM SAM'S DAIRY #6 TO . NIZAR'S MARKET PER NIZAR AI,SADI. . 5/4/94 RETURNED CHECK--ALREADY PAID VC LIC Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Tax Id ................... 1714568 Worker Comp Exp Date..... Telephone ................ 771-4999 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT1�2 ° FDX ° 96Q0 E71 ° LOG CLOSED ° PRINT QFF ° ti1 E:�10 R�\ D li;�1 May I5, 1996 T0 Bob Kessler Director FRO'�9: Y��onne Chaillet '�4anagemern Assis� nt St�BTECT: Tobacco Compliance Checks ��,-'?90 On Thursday, May 9, 1996, Kris Schweiriler and I conducted tobacco compliance checks on I 1 establishments. Six of the 11 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 efforts. Conoco Station Cigar Emporium ?�9 & H Gas Station 7th Street Market 1208 .�.rcade Street 1440 Arcade Street 721 Arcade Street 1658 7ih Street East Biue Marine Market 1 l86 Prosperity Road Sam's Dairy 1541 Mary•]and Avenue East cc: Peter PanQborn Gineer Palmer �►�-"1qD TOBPGCO CAMP W�NCE CHECK FORM DATE � ( J �' TIN�: NAMEOFGOMPUANCECHECKEH: � NAME AtdD AOORESS OF L7CENSED VE1Jt TAX I. D. NUMBER: � WAS THE T08ACC0 — SELF SERVE? � SALE WAS MADE: YES _�, N0: NAMEOFCLERK: ,��'y�'�7"�--�� DESCA1FitON: CHECKA80HTED: YES ADDITIONA� CONMENTS: N0: BRAND: F�a'.ri' J MACHPJE? � ' / F: V