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96-968�R(C��. Council File # �� 1 � �.. Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7a� Committee: Date RESOLVED, that the Licensee, Walgreen Drug Co. d/bia Walgreens (License ID 130. 67986), located at 1550 University Avenue West 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 adopfion 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 Nofice of Violation letter to the licensee, the investigation report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: BY � ��— C7- . R'� Approved by Mayor: " Date 2+ `� BY: �� I��2'av.'v/ A ' / Form Approved by City Attorney By: V �� Approved by Mayor for Submission to Council By: Adopted by Council: Date � ( Adoption Certified by Council Se retary �tG-4� DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N 17 � 4 2 cit coun�i� 7/23/96 GREEN SHEE INITIAWATE INRIAWATE CONTACT PERSON & PHONE � DEPARTMENT DIflECTOR � CIN COUNCIL Councilmember Megard A��N OCITYATfORNEY OCRYCLERK MUSTBE ON CAUNC�L AGENDA BY (DATE) MUMBEF FOR O BUDGET DIRECTOR � FIN. & MGi. SERNGES DIR. ROUTING E1llgllSt 14, 1996 OHDEfi �MAVOR(ORASSI5TAN'n O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS POR SIGNATURE) ACTION PEQUESTED: Concerning adverse action against licenses held by Walgreen Drug Company, dba Walgreens, 1550 University Avenue. (Uncontested) AECOMMENDATIONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION i. Has this person/frm ever worked under a contract for this depariment? _ CIB CAMMITfEE YES NO _ STnFF 2. Has this per5on/firm ever been a city employee? — YES NO _ DISrqICT COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE? VES NO Explain alt yes answers on separaie sheet and attech to green sheet INITIATING PROBLEM, ISSUE, OPPOHTUNITV (Who. What, When, Where, Why). AWANTAGES IF APPRWED: ��i��iy� �.o°�'�; ' .��. � I�`�� DISADVANTAGES IF APPflOVEO� DISADVANTAGES IF NOTAPPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDING SOURCE AC71VI7V NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY � Timothy E. Mars, Crty Attorney ��.`� y �l 0 CITY OF SAINT PAUL ho,m Coleman, Mayor July 22, 1996 Civil Division 400 Ciry Hall 15 West Kellogg Blvd Saint Paul, Minnesofa SSIO2 NOTICE OF COUNCIL HEARING Robert R. Delaney, Jr. Trade and Corporate Relations Walgreen Company Corporate Offices 200 Wilmot Road Deerfield, Illinois 60015 RE: All licenses held by d/b/a Walgreens Stor License ID No. 67986 Dear Mr. Delaney: Walgreen Drug Co. e #2355 Telephone: 672 266-8i70 Focsimi7e: 611 I98-5679 Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday August 14, 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, Virginia D. Palmer Assistant City Attorney cc: Manager, Walgreens, 1550 University Ave., W., St. Paul, MN 55104 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park Community Council, 2000 St. Anthony Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Snelling-Hamline Community Council, 1573 Selby Ave., Room 319, St. Paul, MN 55104 a�-�� UNCONTESTED LICENSE HEARING Licensee Name: Walgreen Drug Co. d/b/a Walgreens Address: 1550 University Avenue West Council Hearing Date: August 14, 1996 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: May 30, 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 resolution 2. Letter of licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report a�-q�� June 20, 1996 Ms. Virginia D. Palmer, Esq. Assistant City Attorney Office of the City Attorney City of St. Paul 400 City Nal{ i 5 'v1i. iGeiioyg vivu. St. Paul, MN 55102 . . �. , , Waigreen Co. Corporate Offices 200 Wilmot Road Deerfield, Illinois 600�5 VIA: FACSIMILE/CONFfRMAT10N BY U.S. MAIL Re: Notice of Violation Waigreens, 1550 University Ave. West, St. Paul, MN Dear Ms. Palmer: This letter wiil confirm that Walgreen Co. will not dispute the facts set forth in your letter dated June 6, 1996. Please notify me of the date of the hearing before the City Council. Walgreens' representatives will appear at that time to present a statement in mitigation. Thank you for your assistance in this regard. Sincerely �r�ec�/ Robert R. Delaney, Jr. Senior Attorney Trade and Corporate Relations 847/914-2787 cc: E Svihra J. Limke OFFICE OF THE CITY ATTORNEY Amothy E. Marz, Gry Atlosney CITY OF SAINT PALTL A'orm Cokman. Mayor Civil Division 400 Ciry Hatt IS West Xellogg Blvd Saint Paul, Minnesola 55101 �'G-9 6Y Teleyhone: 671 266-8i] 0 Facsimile: 611298-5679 June 6, 1996 NOTICE OF VIOLATION Manager Walgreens 1550 University Avenue West Saint Paul, Minnesota 55104 RE: All licenses held by Walgreen Drug Co. d/b/a Walgreens Store n2355 License ID No. 67986 To Manager: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against a11 the licenses held at the above-named premises. This recommendation is based on the following: On May 30, 1996, an EIIlP loyee sold cigarettes to a minor uader the age of 18 years in the licensed premises. This is an offense vnder 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 necessary steps to set up that ALJ hearing. i3e can be reached at 266-8776. � Page 2 �'�-�6Y If you have any questions, you may contact me at 266-8710. Sincerely, � � �� Palmer Assistant City Attorney l/�v'X.�� '!.� Virginia D. cc: Robert Kessler, Director, LIEP Gary Pechmann, Deputy Director, LIEP Walgreen Drug Co., 300 Wilmot Rd., Deerfield, IL 60015 Urban Landreman, President, Lexington-Hamline Community Council, 1184 Portland Ave., St. Paul, MN 55104 Bob Porter, Exec. Director, Selby Area Community Development Corp., 741 Selby Ave., St. Paul, MN 55104 William Oetting, Merriam Park Community Council, 416 Herschel St., St. Paul, MN 55104 Irene Rodriguez, Exec. Director, University UNITED, 1600 University Ave., Suite #4, St. Paul, MN 55104 Sue Roberts, Desnoyer Park Assoc., 560 Cromwell Ave., St. Paul, MN 55114 John VanHecke, President, Snelling-Hamline Community Council, 1380 Ashland Ave., St. Paul, MN 55104 Elin Skinner, Exec. Director, Midway Chamber of Commerce, 1600 University Ave., Suite #4, St. Paul, MN 55104 Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park Community Council, 2000 St. Anthony Ave., St. Paul, MN 55104 Catherine Ballman, President, Summit Avenue Residential Preservation Assoc., 506 Summit Ave., St. Paul, MN 55102 Ed Bower, Community Organizer, Snelling-Aamline Community Council, 1573 Selby Ave., Room 319, St. Paul, MN 55104 G��- �G�' 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 VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Manager Walgreens 1550 University Saint Paul, MN. Avenue West 55104 Walgreen Drug Co. 300 Wilmot Road Deerfield, IL 60015 (which is the last known address of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed this lOth 'before me 199�. PqNGgppp ary n. Lic ID ................... 67986 STAT ..................... AC Business Name............ WALGREEN DRUG CO Address .................. 1550 UNIVERSITY AVE W Zip ...................... 55104 Doing Business As........ WALGREENS License Name ............. GROCERY (C) . CIGARETTE �� . g6Y Sxp Date ................. 03/31/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ INSP CHANGE FROM 02 TO O1 ON 4/09/92 . INSPECTOR CHANGE FROM BARB TO MIKE - 1/6/92 . MOVED FROM 1530 UNIVERSITY, OLD ID#17873 Tax Id ................... 8665688 Worker Comp Exp Date..... 07/O1/94 Telephone ................ 646-6163 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° '�SE �70R�:� D li:�l '�4ay 3 ], ] 996 TO: Bob Kessler Director FR0'vl: Yvonne Ch2i11et�-�' '�lanagement As f tant v �� d1• � t l�� J �; �� uy o3 �55s . ... , C9�� ` °- -- ` SLBJECT: Tobacco Compliance C� ecks ��`�`� On Thursday, ?��ay 30, 1995, Kris Schv. einler and I conducted tobacco compliance checks on 9 establishments. Se�•en of the 9 businesses sold tobacco products to our decoy, total cost of S 16.83. The names of these businesses and their addresses are noted� fo� was paid �;0 00 for his time and effons. Please reimburse Kris for expenses total;r.g S4b.83. Thank you. Cra]a Foods Tobacco Plus :Smoco S:ation Trend $ar St. Paul Firearn:c Big Top Liquors Rainbow Foods Walgreen's Cub Foods �44 University Avenue W. 575 University Avenue W. l l 11 tJniversiry Avenue W. I537 University.Avenue W. 634 Snelling Avenue N. 1574 University Avenue W. I566 University Avenue W. 1550 UniveTSity Avenue W. 1440 University Avenue W. cc: Kris Schweinler Peter Pangborn � Gineer Palmer � TOBACCO COMPLIANCE CHECK FORM DATE: ��G nn�: �� ya TAX I. D. NUMBER: NAME OF COMpLU�NCE CHECt�R ,/ NAME OF OFFICER � NAMEMID ADDRESS OF LICENSED VENDOR /� `�.(�,� /� WAS THETOBAGCO - SELF SERVE? i SALE WAS MADE; YES �V N0: NAME OF CLERK: DESCRIPitON: CHECKABOHiED: YES �-- N0: AoomoNa� conn,ti�urs: l�Ii. � 1 rr,f� ��f � J� � �/ # � "�(�� '6✓ V MACHTIE? BRAt�1D: ��%�t�ey ..-� �-�T-Q4.�� RA 1 SIX: M 1� F: U CII'Y OF S.a.I:�T P.�L 4'nrm Cr.lrmun..'.:cin� 14 E'�40Ra\D1'�I June 6, 1996 TO FRO?�1 SLBJECT Peter P�nsborn Cin .�;,orney�s O��ce 1'� onne Chzillet ��j �lanzoement Assi�znt Tobacco Compliznce Checks OFFICE OF UCEKSE. 1'.'SPECTIO�S 4�p E��'IRO�n1E�TnL PROTEC710� R..hrrt f:r..n(. r. Dn,: en � � `� � � LOirX}' PROFESSlO.�eL T,r��ni,..,,. n�.._nn-wiwi 6CII1JlvG f,,.,n,��i, n/_:nn-v�i�v S�u�r 3�xi ni_ ;S�.Y/_� : sn sr. r.•,<•. sr.. r, Soi�vPwd.l.linnunu Ss/U.-/S/ This is a revision to the memo d2ted '�1ay 3 I, 1996 regarding tobacco compliance checks Checks were made on the nine establishments listed below. However, only seven of these nine sold tobacco products to our decoy,�, f or a total cost of �) 6.83. The names of these businesses, their addresses, and whether or not they sold products are noted. Vendor �`ame Gala Foods Tobacco Plus Amoco Station Trend Bar St. Pau] Firearms Big Top Liquors Rainbow Foods Walgreen's Cub Foods Address 544 University .�ve. W. 575 University Ave. W. 1 1] I University Ave. W 1537 University Ave. W. 634 Snelling Ave. N. 1574 University Ave. W. l 566 University Ave. W. 1550 University.�ve. W_ 1440 L'niversity .qve. W. Sale �1ade Yes Yes No Yes Yes Yes Yes Yes '� o I apologize for the confusion caused by my earlier memo. P)ease call me at ?66-901; if you have any questions cc Kris Schv.•einler