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 �+��� ���/
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_ � �'� 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 -� =�
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