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96-793(� R l G 4 N,� L Council File # �.� _�� Green Sheet # ��.��� RESOLUTION CITY OF SAINT PAUL, MINNESOTA ^� .. O'� Presented By Referred To Committee: Date 1 2 3 RESOLVED, that the Licensee, St. Paul Fireazms Company d/b/a St. Paul Firearms 4 Company (License ID Nos. 40567 & 58897), located at 634 Snelling Avenue North in Saint Paul 5 is hereby ordered to pay a fine of $200.00 for the violaflon of the sale of tobacco or tobacco 6 products to a minar. 7 8 Said fine shall be paid to the Office of License, Inspections and Environmental Protection 9 within thirry (30) days of the adoption of this resolution by the Council and signature by the 10 Mayor. 11 12 This resolution and the action of the Council in this matter are based upon the facts 13 contained in the Notice of Violation letter to the licensee, the investigation report, and such 14 arguments as may have been presented to the Council at the public hearing. The facts were not 15 contested by the licensee. 16 17 18 BY: -� �. � Approved by Ma�r: Date Z �� BY � �A � - (�UUPX^�� Requested by Department of: L� � By: /���X/L� Form Approved by City Attorney By: � .� C� Approved by Mayor £or Submission to Council By: Adopted by Council: Date ` Adoption Certified by Counci S etary �L�-�q2 DEPC�EN pUNCIL °A 6iisi� GREEN SHEE N° 35709 �" ACf PEflSON 6 PHONE �N�S7AUDASE INRfAVDATE �DEPARTMENTOIqECfOR �Cf1YCAUNCIL Nancy Anderson 266-8564 �ss�cH � cm nssoRNer � cm c�RK NUYBERFOR MUST BE ON CAUNCIL AGENOA BV (DATE) �p�Np � BUDGET DIRECTOR � FIN. & MCaT. SERVICES Dlfl. � J\ `( ` \�G 1 OROER O MAVOR (OR ASSISTANi7 � v I.V TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Ap'fION REQUE57ED: Concerning adverse action against licenses held by St. Paul Firearms Company, 634 Snelling Avenue North. (Uncontested) RECAMMENDATONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUS7 ANSWER THE FOLLOWING QUESTIONS: __ PLANNING CAMMISSION __ GIVIL SERVICE COMMISSION �• Has this person/firm ever worked un0er a conVact for this tlepartmeM? - _ CIB COMMRTEE _ YES NO _ S7AFC 2. Has thi5 per5on/firm ever baen a ciry employee? — YES NO _ DISTRICT COURT _ 3. Does this person/firm posse5s a skill not normall y possessetl by any current ciry employee? SUPPORTS WNICH GOUNCIL O&IECTIVE? YES NO Explain all yes answers on se0arate sheet anA attaeh to green sheet INITIATING PPOBLEM, ISSUE, OPP�RNNITY (Who. Whet. WhBn, Where, Why): ADVANTAGESIFAPPflOVED: D13AOYANTAGESIFAPPROVEO: �SV3sss�k3 a�''J�.r;aawi6�i? u'�i�t.:� JUN 2 5 ig96 DISADVANTAGESIFNOTAPPROVED: � � TOTAL AMOUNT OF TRANSACTION $ COST/FiEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITV NUMBEH FINANCIAL INFORMATION: (E%PLAIN) OFFICE OF THE CITY ATTORNEY Tima[!ry E. Ma�, City Attomey �/, / q 3 - lb CITY OF SAINT PAUL Norm Colemars, Mayor Civil Divirion 400 City Ha11 IS West Kellogg Blvd Sairct Pau(, M6mesom SS102 Telephone: 61? 266-8710 Focsimile: 612 298-56l9 June 20, 1996 NOTICE OF COt3NCIL HEARING Gregg A. Perkins � St. Paul Firearms Company � 634 Snelling Avenue North Saint Paul, Minnesota 5510a J11N2;� 1��� Re: Licenses held by St. Paul Firearms Company for the premises located at 634 Snelling Avenue North License ID No.s: 40567 & 58897 Our File 23umber: G96-0257 Dear Mr. Perkins: 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, ✓ --� /' / ,�zqti�i.cc'�� L: .�-t� J Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 ��-'lq3 UNCONTESTED LICENSE HEARING Licensee Name: St. Pau! Firearms Company Address: 634 Snelling Avenue North Council Hearing Date: July 10, 1996 Violat+on: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: May 30, 1996 Piace: 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 fiine (first offense) Attachments: 1. Proposed resolution 2. Letter of licensee or attorney agresing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report JUF,�-19-1996 12=94 F�iST�R ENTE�PRISES 512 646 1�E�+ P.OciOc Jvne 19, 1996 I�AVID I'`FJNWACEi9 AT[OfUVEY AND COUNSEL4R AT lAW ffi7 UHIV�fT4 AV�.. Sl'. PkUL. MQdL7E8DTA 56114 Bl2-bib-0897 TClcphona 612•bEb-1389 Fax Virginia Palmes Assis�tazst City Attorney Civil Divi.sion �0� City Aa12 15 West Ke].logg Blvd. St. Paul, MN 55102 295-5619 Fax 2fi6-8710 Tel Re: All �ioex�ses held by S Licanse ID Nos. 5as97 Your File No. G96-0257 Dear Ms. Palmer: t. Paul Ei:earms Company and 40567 `�`-�93 I am �.n receipt o£ yoar ndtice og violatzon issued ta my client dated June 6, 199fi. I am ssriting to correct nertain facts cantained in the allegation. Qn May 3o, 1996, Mr_ Perkins left bis Ii.censed premises in order to go home, and he did not intend to return to th�. store that day. Indaed he did not return to the store that day. I�. Perkins left his brother in law, M�. Gary xriz, to lock up. Perkins asked his 2�rather in law to do this for hi.m becausa Perlclns has no esnplayees_ Mr. Kriz decided to da Perkins a favor anfl serve customers who came in to patranize the tobaccn countQx. As we can all see at this point, Kriz didn't do Perkins mucri of a favor. we do not contest that the brother in law sold cigarettes to a person under the age of 18. Further, it would appear that you can probably reasonably make the case that Mr. Perkins was actinq as his agent at the time the violation oacurred. It is my undarstanding that in Y,hesa types of compliance operations, tha minor is always accarapanied by an adult. It is also my understanding that this matter would be handled in the same manner as any other first time violatian, in which case we do not contest it. However, my client, Mr. Perkins, informs me that it is lus intentian to discontinue the sale of cigarettes in any event. If ycau hava any qusstions, you can contact me. when the matter wi11 be sat be£ore the Ccuncil. sincerely, Q ��� , David Feirrtrach�� � Attorney at Law D�'/Jcic PZease advise me T�TRL P.C� OFFICE OF THE CITY ATTORNEY Timathy E Ma's, Ciry Attomey CITY OF SAINT PAUL Nomr Coleman, Mayar cNu DN�;on 400 Ciry Ha1l 1 S Wert Kellogg Blvd Samt Pau� Afrnnesaur 55102 �l � -� 9 Telephone: 612 266-8770 Facsimile; 612198-5619 June 6, 1996 NOTICE OF VIOLATION Gregg A. Perkins St. Paul Firearms Company 634 Snelling Avenue North Saint Paul, Minnesota 55104 RE: All licenses held by St. Paul Firearms Company License ID No.s: 58897 & ?0567 Our File Number: G96-0257 Dear Mr. Perkins: The Director of the Office of License, Inspectior�s 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 yeara in the licensed premises. This is an offense uader Miaa. 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 wi11 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 wi11 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, ./; / C' G U�.v.,c Virginia D. Assistant C: � UC�1'�v�-.� Palmer ty Attorney �1C-��3 cc: Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Jerry Gagner, Co-Chair, 1151 W. Minnehaha Ave., St. Paul, MN 55104 Elin Skinner, Exec. Director, Midway Chamber of Commerce, 16D0 University Ave., Suite #�4, St_ Paul, MN 55104 Robert Wicker, H-MARC, 1538 Englewood Ave., St. Paul, MN 5510� Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 Irene Rodriguez, Exec. Director, University UNITED, 1600 University Ave., Suite #4, St. Paul, MN 55104 ��-�193 STATE OF MINNESOTA COUNTY OF RAMSEY ss. 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 VIOI,ATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Gregg A. Perkins St. Pau1 Firearms Company 634 Snelling Avenue North St. Paul, MI3. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed� r�l s�° rn� t fore me this lOth�Ciav; o��Jun �1996. - Notary PETER P. PANG2CRN NOTARYPUBLIC-�: - .1 AyComm.Expires:_. ;p Lic ID ................... 58897 STAT ..................... AC Business Name............ ST PAUL FIREARMS CO Address .................. 634 SNELLING AVE N Zip ...................... 55104 Doing Business As........ ST PAUL FIREARMS CO License ATame ............. CSGARETTE Exp Date ................. 03/31/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�piration Date..... NOTE AREA ................ Tax Id ................... ON FILE Worker Comp Exp Date..... Tel.ephone ................ 437-9397 Press 'C' to continue, 'P' to print, or 'R' to redisplay... �`-��3 Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Lic ID ................... STA`P......... .... ........ Business Name............ Address .................. Zip ....................•- Doing Business As........ License Name ............. E� Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance E£fective Date. Ins. Expiration Date..... NOTE AREA ................ 40567 AC SAINT PAUL FIREARMS 634 SNELLING AVE N 55104 SAINT PAUL FIREARMS FIREARMS O5/Ol/97 � CO �.4-�� FEDERAL LICENSE #3-a1-062-01-9D-35531 PH NOTICES SENT OUT 5/30/96 HEARII3G SET FOR 7/3/9 6 27 MAILED, 47 EMAI?�ED, 2 INTEROFFICE . 6/4/96 REMAILED POSTCARD FOR PH NOTICE TO CHANGE T . HE HEARING DATE FOR 8/7/96 Tax Id ................... 1992552 Worker Comp Exp Date..... Telephone ................ 647-9397 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLpSED ° PRINT OFF ° 1IE.lg p�;� D li'�f '�4ay;1, 1996 T� Bob Kessler Direc:or ����;��: ��;� JL'�I 0 19°c ���- _� ���°� �� -- -- � :�. FROM: Yvonne Chaillet�-�' '�lanageme�t .�s � tant � SL�BJECT: Tobacco Compliance Checks ��-�q3 On Thursday, ?�4ay 30, L°96, Kris Schweinler and I conducted tobacco compliance checks on 9 establishments. Seven of the 9 businesses sold tobacco products to our decoy, �, for a total cost of 516.83. The names ofthese businesses and their addresses are noted below. � was paid 530.00 `or his ;ime and enorzs. Please reimburse Kris for expenses totaling S46,83. Thank you. Gala Foods Tobacco Plus Amoco Station `I�rend $ar St. Paul Firearmc Big Top Liquors Rainbow Foods Walereen's Cub Foods 5?4 Unive.siry Avenue W. �7� Universiry Avenue W. 111 I Universiry Avenue W. 1 �37 Universiry Avenue W. 634 Sne!Iing avenue N. I574 University Avenue W. ] 566 University Avenue W. 1550 LJniversity Avenue W. 1440 University Avenue W. cc: Kris Schweinler Peter Pangborn � Ginger Palmer OFFICE OF LICEtiSE. t':SPECT10�5 4�'D EX\'�ROKME'�T 41 PROTE(�i0� R„h� n A.o �l, r. D+i. � r,�r CITY OF S.�I'�T P.aLZ �}.�m C. :1cv,. '�4E140R��Dt'�I June 6. 1996 TO: Peter P�nsborn Cit� .�.,ornev�s O�i�ce FRO'�4: Y�onne Chaillet ��j '�lanaeement Assi�znt St Tobacco Compliance Checks LO�+�Ry pROFESSIO�.aL BL"IIIJI.vC Suur ifki = S� Sr. Prrrr Str,�rr Suinr Pa�d..Minnc�n�O SS/U:.la/ti � �-�93 T.�irrd,.,,�, nt: _nn-wrvu Fw.nm�, n/::nn-wnv ni_ :nn-v/,= This is a revision to the memo dated '�1ay 31, 1996 regarding tobacco compliance checks Checks were made on the nine estzblishments listed below. However, only seven of these nine sold tobacco products to our decoy,�, f or a total cost of S] 6.83. The names of these businesses, their addresses, and v✓hether or not they sold products are noted. Vendor:lame Gala Foods Tobacco Plus Amoco Station Trend Bar St. Paul Firearms Big Top Liquors Rainbow Foods Walgreen's Cub Foods Address 544 University Ave_ W. 575 University Ave. W. I 1]] University Ave. W 1537 University Ave. W. 634 Snelling .Ave. N. 1574 University Ave. W 1566 University Ave. W. 1550 University Ave. W 1440 University ,�ve. 1�. Sale'�1ade Yes Yes No Yes Yes 1'es Yes Yes '�o I apolo�ize for the confusion caused by my eariier memo Please call me at ?66-9013 if you have any questior,s cc: Kris Schti�einler TOBP�CO COMPLIFWCE CHECK FORM DATE: .� /�/ �j 71ME: /'�� TAX 1. D. NUMBER NAMEOFCCMPLIANCECHECi�R �. � � > �J �EOFOFFICEF �� / . NAMEANDADDRESSOFUCENSEDVQ�DOR: (�J �+��� ���/ -- -- °l-�.-��- , #� _ � �'� o��%/�, if-ic�, ��) - — WAS iHETOBP�CO - SEIF SERVE? ASSISfED? �/� MACHPIE? SAL WAS MADE YES �,_ N0: BRAND: NAME OF CLERK: SIX: M �_ F: DESCRIP710N; CNECK ABORTED: YES Nfl: ADOITIONA�COMvtENTS: /� ,±L��y �� r�d��-.- ��L -� =� a� ��