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96-791� � t � t l , S Council File # Green Sheet # Presented By Referred To Committee: Date RESOLVED, that the Licensee, Paul Schwietz d/b/a Schwietz's Tobacco Outlet (License ID No. 27841), located at 1440 Arcade Street in Saint Paul is hereby ardered 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 thirty (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 aze based upon the facts contained in the Norice of Violation letter to the licensee, the investigation report, and such azguments as may haue been presented to the Council at the public hearing. The facts were not contested by the licensee. BY' a \ , '�\� -- ---- /� Approved by Mayor: Date Z Z/i By: /v� l� _il'P'^er'vJ RESOLUTION CITY OF SAINT PAUL, MINNESOTA 44 Requested by Department of: / (�P By. � jA Form Approved by City Attorney BY � `( /�i4�'` � l�' a-�-zv�_ Approved by Mayor for Submission to Council Ey: a�-��t ��1 Adopted by Council: Date ` Adoption Certified by Counc S cretary q�-'19.1 DEP CIL}� CO1ll1C1I ��' � 6iui96 GREEN SHEE N° 3 5 716 � INITIAWATE INITIAVDATE CONTACT PERSpN 8 PHONE � DEPAFTA7ENT OIqE � CITY CAUNqL N2ncy Anderson 266-8564 ��x � cmartoaNer � cmc�aK MUST BE ON COUNCIL AGENDA BY (DATE) RO��FOR ❑ BUDGET DIfiECTOR O FIN. & MGT. SERVICES DIR. Iuly 10, 1996 ORD�" � Mavoa �oa assisrann� � TOTAL # OF SIONATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) AGT10N fiEQUESiED: Concerning adverse acflon against licenses held by Paul Schwietz, DBA Schwletz's Tobacco Ouflet, located at 1440 Arcade Street (iincontested) RECOMMENDATIONS: Approva (A) ar Reject (R) pERSONAL SERYICE CONTRACTS MI1ST ANSWER 7XE FO�IUWING �VESTIONS; _ PLANNMG COMMISSION _ CNIL SEBVICE COMMISSIpN �- Has Mis personlfirm ever worked under a contract for this tlepartment? - __ CIB COMMffTEE _ YES NO _ STA�f 2. Has this persontFum ever 6een a city employee? — YES NO _ DfSiAtCT CAURT _ 3. Does this person/Firm possess a skill not normelly possessed by any current city employeel SUPPORTS WHICH CqUNC11.OBJECTIVE? YES NO Explain all yes anawers on seperate sheat and ettaeh to grean sheet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, Wha1, When, Where. Why): ADVANTAGESIFAPPROVED: DISADVANTAGES IFAPPROVED: � �.� �� i K�v'�3:�M m'�nl i 4aCF3 0 l�� ,UN 2 5 1996 .� D19ADVAN'fAGES IF NOT APPAOVED. � - � �� TOTAL AMOUNT OF TRANSACTION S COSSIHEVENUE BUD6ETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) ' OFFICE OF THE CITY ATTORNEY Timothy & Marx, City Attamey q l� -'19 � CITY OF SAII�I'T PAUL Norm Cokmms, Mayor Civil Division 400 City Hall IS Wut Kellogg BLvd Saira Pau(, Mi'mesot¢ SSIO2 2elephone: 612 266-87[0 Facsimi(e: 612198-5619 June 20, 1996 Paul Schwietz and Violet Benshoff Schwietz's Tobacco Outlet 1440 Arcade Street Saint Paul, Minnesota 55106 NOTICE OF COUNCIL HEARING � *;::., � JUN 25 i996 Re: Licenses held by Paul Schwietz d/b/a Schwietz's Tobacco Outlet for the premises located at 1440 Arcade Street License ID No.: 27841 Our File Number: G96-�231 Dear Mr. Schwietz and Ms. Benshoff: Please take notice that a hearing concerning the above-named establishment has been scheduled £or 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 Pacts 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, ✓L��t��c�c .0 � ,•kr� virgi4iia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 UNCONTESTED LICENSE HEARING � ` _� � 1 Licensee Name: Pauf Schwielz d/b/a Schwietz's Tobacco Outfet Address: 1440 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 P1ace: Licensed Pcemises Presumptive Penaity: $200.00 Fine Recommendation ofi Assistant City Attorney on behalf of client, OfFce of License, fnspections 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 ... `�'��`�� JUid Oc 15�6 "�� ;=� � ��-�� t•�� :�, /�`� � z'?�-�/ ��-'lql Sc��iErz io6�� uT�; l��c� ��/��i�z l7�.�7,� /`/S /�fl�./j�EJc', LN /Z�5!'b/VS� i G f fi�E /YGT/c`� Ci= V/G!�}%/ON DHT�� /�7l-7� ,.,?�/%%(p �/ %�/� C��CXSE- c'>" SCLL//1/4 Tcy�r�c�e ��i�c��s �-�� ? �1//�✓0�' � wG vc iUai t��is�_ % C /�/S,PC�T� T/�/S i�Y�/,U�/�T. Gi,�G Lt�4CCGJ� G�� O f(f'CL�%G/Z� f;'�NO �SSC�� _. TfIE C'iT� 7fi.�fr �✓c Nh�rlE T�K�� TfIE Nr>1/i�c o� _. .. - T/�E G�C�iU"S� �NS�EC'T0,2 TC !�-S.C'_ ,G� fr'iY _/,/.�, - -C�`---._--- - -- �i1/l�D/1/E C��f�O ��G 70 ,dc� Lv/��"� / G/�7"�/, _ - - - - SC� /_�J.�2 zt'E �f/� �E i(%GT �/i31� .f�+/�Q/I�E G/ SE _ u��E�--- --- -- A� c= � �Gy��.�/ ,�E��c�e�� /� �i�.s�k' , ��r w�_ ��YE - - Tu�'�/�.o ��r�y � t=EC�� '�-�-�� w��i��rr i� s G�?.� ---- C'iG �F.�'� rTE. S , - - Cc.�c; T,�?GtL � /zE/a.2CT �//�!///1�6 SC�L/.� �I C�lj.�,E' . %G _/� f9'l//'✓C�/Z �i�/l� G�r��G �'c�Yr�i/lGE �� CffEc:t� y�� — VpuD � �E�i�/CAT/l'�, .Si��.�� , fi� i,tL SC E-� w i ET Z �� l��c� SC� �� i2 ' s � �t�cGC ac.� � n , w��: �,a.�-� OFFIC '7F THE CITY ATTORI3EY Timorhy _ Marx. Ciry dnorney /� / �^ � { ��b � � CITY OF SAINT PAUL Norm Coteman, 4fayo� Civi7 Divisron 400 Ciry Hal! I S West Kellogg Blvd Saint Pau� Minnesom 55102 Telephone: 6T2 266-8710 Facsimile: 6I2 298-5679 May 24, 1996 NOTICE OF VIOL,ATION Paul Schwietz and Violet Benshoof Schwietz's Tobacco Outlet 1a40 Arcade Street Saint Paul, Minnesota 55106 RE: All licenses held by Paul Schwietz d/b/a Schwietz's Tobacco Outlet for premises located at 1440 Arcade Street, St. Paul License ID No. 27841 Dear Mr. Schwietz and Ms. Benshoof: The Director o£ 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 vnder 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 3udge. 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 °t �. '19 � necessary steps to set up that ALJ hearing. He ca,n�� reached at 266-8776. If you have any qvestions, you may contact me at 266-8710. Sincerely, ��.�L }� � �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Sgt. Tredal, SIU, Police Dept. Greg Copeland, President, Payne Phalen Dist. 5 Planning Council, 612 Cook Ave., St. Paul, MN 55101 Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MI3 55101 Jan Morlock, Director, Fast Side Neighborhood Development Co., 907 Payne Ave., St. Paul, MN 551�1 Page 2 c��-`lql STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOAI3NE 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: Paul Schwietz and Violet Benshoof Schwietz's Tobacco Outlet 1440 Arcade Street St. Paul, M1V. 55106 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 29th day o£ May, 1996. L�L' `L� X = U N(llN� `. Notary Public � RiTA M. BOSSARD � � `. N OTARYPllBLIC - MINNESpTA � RAMSEY CQUNTY , tdYComm.ExWreEJnn.31.2000 of said persons) and depositing the LTnited States mails at St. 0 Lic ID ................... 27841 STAT....••••••........... AC Business Name............ SCHWIETZ, PAUL Address .................. 1440 ARCP.DE ST Zip ...................•-- 55106 Doing Business As........ SCHWIETZ'S TOBACCO OUTLET License Name ............. CIGARETTE Exp Date ................. 04/OS/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiratian Date..... NOTE AREA ................ Tax Id ................... 263?029 Worker Comp Exp Date..... Telephone ................ 790-1713 Press 'C' to continue, 'P' to print, or 'R' to redisplay... { �O � L - 1, A1t-Z FOR HELP° VT1�2 ° FDX ° 460� E71 ° LOG CLQSED ° PRINT OFF ° ti May l5, 1996 TO: Bob Kessier Director FRO'�1: Yvonne Ch2illet � :�4anagement Assis. nt SL Tobacco Compliance Checks �� 4 11 On Thursday, May 9, 1996, Kris Schweinler and I conducted tobacco compliance checks on l 1 estabtishments. Six of the l I businesses sold tobacco products to our decoy, �, for a total cost of 51238. The names of these businesses and their addresses are noted below. :was paid 520.00 for his time and effons. Conoco Station Cigar Emporium M & H Gas Station 7th Street Market I308 Arcade Street 1440 Arcade Street 721 Arcade Street 1658 7th Street East Blue Marine Market 1186 Prosperity Road Sam's Dairy 1541 ?vlaryland Avenue East cc: Peier PanQborn Ginger Paimer 0 � V ^ l� � TOBACCO COMPWINCECHECKFORM DATE: 3 r' � 7IME 'y -� O TAX 1. D. NUMBER: NAME OF COMPLU�NCE CHECl�F: /i - � .(J L� NAME OF OFFICER ,� / NAMEANOAODRESS OF LiCENSED VENDOR: (, r/�! ��L �% �/IJG� e� L�, -�_ n _ � t ; # �/ WAS THETOBACCO - SELf SERVE? '�� ASSISTED? � MACHWE? SALE WAS MADE: YES �_ NO: BRAND: _S �l.SLJL �L. S 1ti�� S NAMEOECLERK: �C�/�� Q,Q�� SIX: M F: �_ DESCRIP710N: CHECKABOFCfED: YES N0: ADDITIONAL COA-4�AENTS: