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97-102` - � �' � r � " � �' f �t` <��; i l .. , .,�, Council File # �� 0 � Green Sheet # �U�� PAUL, MINNESOTA Presented By Refexred To Committee: Date �+1� RE50LVED, that the Licensee, Just Truffles, Inc. d/b/a Just Truffles (License ID No. 33368), located at 350 Market Street 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 Protecrion within tlurty (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 are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such azguments 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: �� c�— _ ' �-„r.�.e :.� _ Approved by Mayor: Date 7,�/;� �- By: �'�/�I �� BY� C�� h` A� Form Approved by City Attorney i� BY � �6 �/Gf� / h Li_: , .'�,� /\ Approved by Mayor for 5ubmission to Council By: Adopted by Council: Date �9��1�� . Adoption Certified by Council Secretary �=t� \U2 dh�4� DEMqi11ENTAF'rlCE/COt1NGL DATE MlT1A1ED � _ — ' — or��of� iizzi9� GREEN SHEE CONTAC! PEq50N & PHONE INRIAVDATE INRIAVDATE � DEPARTMENTOIRECTOR � CIT'COUNCIL Chiistine Rozek, 266-9108 0.551GN � pTl'ATfORNEY � CT'CLERK MUST BE ON COUNGIL AGENDA BV (DATE) pO��FOfl O gUDGET DIREGTOFi � FlN. $ MGT. SERVICES UIR. Pebruary 5, 1997, Public hearin OfiDER � MpyOFi (OR ASSISTAPfT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTEO: Concerning adverse action against licenses held by Just Truffles, Inc., DBA Just Truffles, located at 350 Mazket 5treet. (Uncontested) RECOMMENDA7ION5: Appmve (A) m Reject (q) pERSONAL SERVICE CONTRACTS MU57 ANSWER 7HE FOLLOWING QUESTIONS: _ PLANNING COMMISSION __ CIVIL SERVICE COMMISSION 1. Has this perso�rm ever worked under a cnntract for this departrneM? _ CIB COMMITfEE __ YES NO 2. Nas this personlfirm ever been a city employee? _ SiqFF — YES NO _ DIS7AIC7 COURT _ 3. Does this person/firm possess a skill not normally possessed by any curreM city emplqree? SUPPOflTS WHICH COUNCIL O&IEGTIVE? YES NO Explain all yes answers on separate sheet and ettach to green sheet INITIATING PROBLEM, ISSUE. OPPORTUNIN (WhO, �a1. When, Where, Why): ADVANTAGESIFAPPROVED: Sn � DISADVANTAGES IFAPPROVED: q,g� p �gae i..�.� . -° $� z c ? � �\,�.� � yY 1.J" �»�-�� ° .. ..'- ` � .._ �"u.::3 : `? Cd i,�6�i �' E.' :"'r. � !c e�'e�e� _- ^�i DISADVANTAGES IF NOTAPPROVED: ��t�#�� FEu tiT �597� 'N' W 4 y 4�`� a� �@ ��E,J� TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfiG SOURCE ACTIVITV NUMBER FINANGIAL INFOR6nATION: (EXPLAINj OFFICE OF TF� CITY ATTORNEY Timothy & Marx, City Artorney (�--1 �U�� CITY OF SAINT PAUL cNrrnNU,an Norm Colemm; Mayor 400 Ciry Hall Telephone: 611266-8710 IS West Kellogg BHd Facsimi7e: 612 298-5679 Saint Paul Mumesola 55102 ' �� 4'�i January 15, 1997 ' 230TICE OF COUI3CIL HEARING °� � P � ,` Kathleen O'Hehir-Johnson Just Truffles 350 Market Street Saint Paul, Minnesota 55102 RE: Cigarette license held by Just Truffles, Inc. d/b/a Just Truffles for the premises located at 350 Market Street in St. Paul License ID No. 33368 Our File Number: G96-0577 Dear Ms. Kathleen O'Hehir-Johnson: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, February 5, 1997 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 report concerning the unlawful sale of cigarettes have not been disputed. 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, y../� ,� � �-��,.� � Virginia D. Falmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 4§5 Minnesota St., Suite 524, St. Paul, MI3 55101 �� UZ UNCONTESTED LICENSE HEARING Licensee Name: Just Truffles, inc. d/b/a Just Truffles Address: 350 Market Street Council Hearing Date: February 5, 1997 � Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: November 16, 1996 Place: Licensed Premises Presumptive Penalty: $200,00 Fine Recommendation of Assistant City Attorney on behalf of ciient, 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. Compiiance Report 6. City Attorney License Adverse Action Summary ( I �� r � � � THE SaINT P.-�llt HOTEL 35 �a-� cS'f-z�� f. J � ��a 55102 61z-2z2-6gzz Cecember 4, i996 T0= Virginia Palmer FROM= Kathleen 0'Hehir-Johnson RE= Cigarette Sales Violation �l`"t \C;Z_ �� DrC 05 1995 ��:" �� As per our conversation today , I am submitting this letter in response to the notice of violation. We dSd indeed make the saie of cigareLtes to a minor, who looked aparoximately 26 years old, an November 16, 1996. Please feel free to cor+tact me if you have any other questions and I look forward(?) to hearing from you. Sincerely, Kathleen O'Hehir-Johnson . CIT'Y OF SAINT PAUL Norm Cakman, Mayor November :6, 1996 NOTICfi OF VIOLATION Owner/Manager Just Truffles 350 Market Street Saint Paul, Minnesota 55102 OFFICT' - 'F THE CITY ATTORNEY Timothy � .,ars, Ciry AOOrney �_ Civil Drvisiort 400 Ciry Hall IS Wes! Kellogg Blvd Saint PauG Mmnesom SSI01 Telephone: 61T 266-Si10 Facs�ik: 6I2 298-5619 RE: All licenses held by Just Truffles, Inc. d/b/a Just Truffles for the premises located at 350 Market Street in St. Pau1 License ID No.: 33368 Dear Sir/Madam: The Director of the Office of LiCense, Inspections 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 November 16, 1996, you or another emplayee 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 Saiat 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 chcice, please advise my legal assistant, Peter Pangborn, within 5 days, and we will take the necessary steps to set up that ALJ '�earinq. He can be reached at 266-8710. Page 1 GZ �o`Z If you have any questions, you may contact me at 266-8710. Sincerely, U � l, Gz-f'-�Y/` Virgini Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Crganizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MN 55101 Page 2 ��--�vZ STATE Or MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 27, 1996, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Just Truffles 35� Market Street St. Paul, MN. 55102 twhich 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 and sworn to before me this 27th day of November, 1996. ��, �- �. Notary Public . • � RITA R�i. BQSSFP � MOTARV Fl,^L'G - �"':C�SC�TA RA(d = - � 'y .vw nn coR,T � �_� � �oo +w+�^�^�-^�..n�.�v�wv�,.^Mr. �i� �Z Lic ID ................... 33368 STAT ..................... AC Business Name............ JUST TRUFFLES INC Address .................. 350 MARKET ST Zip ...................... 55102 Doing Business As........ JC35T `PRt3FFLES License Name ............. GROCERY (C) Exp Date ................. 10/14/97 Insurance Carrier._...... Ins. Policy Number....... Ir_surance Effective Date. Ins. E�:piration Date_.._. NOTE AREA ................ INSPSCTOR CHANGE FROM RICH TO DENVER - 1/6/92 Tax Id ................... 2956518 Worker Comp Exp Date..... 06/22/95 Telephone ................ 222-6922 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � CIIY OF S.4II�T PAUL II.'T'ERDEPARTMENTAL MEMORAS.�DUM DATE: T0: PROM: RE: Nove.�er 13, 1996 Robert Xessler Rich ::er.ts ��. Cigarette Co:apliznce Checks Q� \C�Z On November 16, 159fi between the hours of 9:00 a,m. znd 12:00 p.m.,� (ths Eemale 16-yesr-old Eeccy) Gad I msfle cigarette compliance theeks on these bvsinesses with t*e fo?lowing resnits: I D. 15SD1 16157 16928 333b8 17965 21659 32179 99032 19509 86393 25622 16068 16165 T;j�vr Mickey's :i.^.er Parrish's Scpper Cl�u` Jubilee Foo�s Just TrsfP?es Shinder's Dook 8 News Chsmpps Super pollaz Store Yarmo Liqvoz Stoze Starting Gate Total N.art West 7th A.�co The MnncZ The Apothecary Shop Addresa 1950 West 7th 2176 west 7th 2481 West ?th 350 N.arket 389 Wabasha 2AD1 West 7th 2971 West 7th 2989 West 7th 2516 west 7th 2525 West 7th 2525 West 7th 2550 West 7th 364 Si. Peter e u te Sold -M•�z�:o Nediwzs) sold (N.Pr]bcro Lig�s� Sold (Vizg�:nia Sl.-nsj Sold (N,zrlbom S.ights) Sold (2•'fazY'�oro Lighu) No Sale No Sale Na No Sale No Sale No Sale No Sale NO Sn�E I signed the �timeczs3 °or t`e cecoy for 3 hours Fnd I spent $16.20 `cz cigszettes. RJ/lb cc: Gary Pechmzna Ginger Pa�rner Peter �Pangborn 7bg4CCp Cp� CE CHECK FOAM DATE: /�� n� � TAXf. D. NUMBFR NAME OF COM E CHECI�R fi • S• �NAME OF OFFfCER NAMEANDADDAESS OF lJCENSED VENOOFfi �U S 7 //(/ ��/� :�33� �_�� -l-j6Z WAS 7HETOBACCA - SELF SERVE9 -- ASSI5TED? : y �: MACHBdEY SAIE WAS MADE: YES N0: �` BRAND: �Gf 1' L,GO !D l�r q !^�S NAMEOFCLERK: p-✓ � ��v� U'� SIX: M � F: DESCR4PilON: (I G✓!�-� � �v { CHECKABflRiED: YES •"'. aoomorar�cor�n�rs: S�/�'} 1 . .. r` _ - - - - - - -- _ - - - _ - - --- - - . - - - ----k�"� .-- , ` - � �' � r � " � �' f �t` <��; i l .. , .,�, Council File # �� 0 � Green Sheet # �U�� PAUL, MINNESOTA Presented By Refexred To Committee: Date �+1� RE50LVED, that the Licensee, Just Truffles, Inc. d/b/a Just Truffles (License ID No. 33368), located at 350 Market Street 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 Protecrion within tlurty (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 are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such azguments 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: �� c�— _ ' �-„r.�.e :.� _ Approved by Mayor: Date 7,�/;� �- By: �'�/�I �� BY� C�� h` A� Form Approved by City Attorney i� BY � �6 �/Gf� / h Li_: , .'�,� /\ Approved by Mayor for 5ubmission to Council By: Adopted by Council: Date �9��1�� . Adoption Certified by Council Secretary �=t� \U2 dh�4� DEMqi11ENTAF'rlCE/COt1NGL DATE MlT1A1ED � _ — ' — or��of� iizzi9� GREEN SHEE CONTAC! PEq50N & PHONE INRIAVDATE INRIAVDATE � DEPARTMENTOIRECTOR � CIT'COUNCIL Chiistine Rozek, 266-9108 0.551GN � pTl'ATfORNEY � CT'CLERK MUST BE ON COUNGIL AGENDA BV (DATE) pO��FOfl O gUDGET DIREGTOFi � FlN. $ MGT. SERVICES UIR. Pebruary 5, 1997, Public hearin OfiDER � MpyOFi (OR ASSISTAPfT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTEO: Concerning adverse action against licenses held by Just Truffles, Inc., DBA Just Truffles, located at 350 Mazket 5treet. (Uncontested) RECOMMENDA7ION5: Appmve (A) m Reject (q) pERSONAL SERVICE CONTRACTS MU57 ANSWER 7HE FOLLOWING QUESTIONS: _ PLANNING COMMISSION __ CIVIL SERVICE COMMISSION 1. Has this perso�rm ever worked under a cnntract for this departrneM? _ CIB COMMITfEE __ YES NO 2. Nas this personlfirm ever been a city employee? _ SiqFF — YES NO _ DIS7AIC7 COURT _ 3. Does this person/firm possess a skill not normally possessed by any curreM city emplqree? SUPPOflTS WHICH COUNCIL O&IEGTIVE? YES NO Explain all yes answers on separate sheet and ettach to green sheet INITIATING PROBLEM, ISSUE. OPPORTUNIN (WhO, �a1. When, Where, Why): ADVANTAGESIFAPPROVED: Sn � DISADVANTAGES IFAPPROVED: q,g� p �gae i..�.� . -° $� z c ? � �\,�.� � yY 1.J" �»�-�� ° .. ..'- ` � .._ �"u.::3 : `? Cd i,�6�i �' E.' :"'r. � !c e�'e�e� _- ^�i DISADVANTAGES IF NOTAPPROVED: ��t�#�� FEu tiT �597� 'N' W 4 y 4�`� a� �@ ��E,J� TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfiG SOURCE ACTIVITV NUMBER FINANGIAL INFOR6nATION: (EXPLAINj OFFICE OF TF� CITY ATTORNEY Timothy & Marx, City Artorney (�--1 �U�� CITY OF SAINT PAUL cNrrnNU,an Norm Colemm; Mayor 400 Ciry Hall Telephone: 611266-8710 IS West Kellogg BHd Facsimi7e: 612 298-5679 Saint Paul Mumesola 55102 ' �� 4'�i January 15, 1997 ' 230TICE OF COUI3CIL HEARING °� � P � ,` Kathleen O'Hehir-Johnson Just Truffles 350 Market Street Saint Paul, Minnesota 55102 RE: Cigarette license held by Just Truffles, Inc. d/b/a Just Truffles for the premises located at 350 Market Street in St. Paul License ID No. 33368 Our File Number: G96-0577 Dear Ms. Kathleen O'Hehir-Johnson: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, February 5, 1997 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 report concerning the unlawful sale of cigarettes have not been disputed. 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, y../� ,� � �-��,.� � Virginia D. Falmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 4§5 Minnesota St., Suite 524, St. Paul, MI3 55101 �� UZ UNCONTESTED LICENSE HEARING Licensee Name: Just Truffles, inc. d/b/a Just Truffles Address: 350 Market Street Council Hearing Date: February 5, 1997 � Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: November 16, 1996 Place: Licensed Premises Presumptive Penalty: $200,00 Fine Recommendation of Assistant City Attorney on behalf of ciient, 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. Compiiance Report 6. City Attorney License Adverse Action Summary ( I �� r � � � THE SaINT P.-�llt HOTEL 35 �a-� cS'f-z�� f. J � ��a 55102 61z-2z2-6gzz Cecember 4, i996 T0= Virginia Palmer FROM= Kathleen 0'Hehir-Johnson RE= Cigarette Sales Violation �l`"t \C;Z_ �� DrC 05 1995 ��:" �� As per our conversation today , I am submitting this letter in response to the notice of violation. We dSd indeed make the saie of cigareLtes to a minor, who looked aparoximately 26 years old, an November 16, 1996. Please feel free to cor+tact me if you have any other questions and I look forward(?) to hearing from you. Sincerely, Kathleen O'Hehir-Johnson . CIT'Y OF SAINT PAUL Norm Cakman, Mayor November :6, 1996 NOTICfi OF VIOLATION Owner/Manager Just Truffles 350 Market Street Saint Paul, Minnesota 55102 OFFICT' - 'F THE CITY ATTORNEY Timothy � .,ars, Ciry AOOrney �_ Civil Drvisiort 400 Ciry Hall IS Wes! Kellogg Blvd Saint PauG Mmnesom SSI01 Telephone: 61T 266-Si10 Facs�ik: 6I2 298-5619 RE: All licenses held by Just Truffles, Inc. d/b/a Just Truffles for the premises located at 350 Market Street in St. Pau1 License ID No.: 33368 Dear Sir/Madam: The Director of the Office of LiCense, Inspections 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 November 16, 1996, you or another emplayee 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 Saiat 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 chcice, please advise my legal assistant, Peter Pangborn, within 5 days, and we will take the necessary steps to set up that ALJ '�earinq. He can be reached at 266-8710. Page 1 GZ �o`Z If you have any questions, you may contact me at 266-8710. Sincerely, U � l, Gz-f'-�Y/` Virgini Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Crganizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MN 55101 Page 2 ��--�vZ STATE Or MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 27, 1996, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Just Truffles 35� Market Street St. Paul, MN. 55102 twhich 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 and sworn to before me this 27th day of November, 1996. ��, �- �. Notary Public . • � RITA R�i. BQSSFP � MOTARV Fl,^L'G - �"':C�SC�TA RA(d = - � 'y .vw nn coR,T � �_� � �oo +w+�^�^�-^�..n�.�v�wv�,.^Mr. �i� �Z Lic ID ................... 33368 STAT ..................... AC Business Name............ JUST TRUFFLES INC Address .................. 350 MARKET ST Zip ...................... 55102 Doing Business As........ JC35T `PRt3FFLES License Name ............. GROCERY (C) Exp Date ................. 10/14/97 Insurance Carrier._...... Ins. Policy Number....... Ir_surance Effective Date. Ins. E�:piration Date_.._. NOTE AREA ................ INSPSCTOR CHANGE FROM RICH TO DENVER - 1/6/92 Tax Id ................... 2956518 Worker Comp Exp Date..... 06/22/95 Telephone ................ 222-6922 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � CIIY OF S.4II�T PAUL II.'T'ERDEPARTMENTAL MEMORAS.�DUM DATE: T0: PROM: RE: Nove.�er 13, 1996 Robert Xessler Rich ::er.ts ��. Cigarette Co:apliznce Checks Q� \C�Z On November 16, 159fi between the hours of 9:00 a,m. znd 12:00 p.m.,� (ths Eemale 16-yesr-old Eeccy) Gad I msfle cigarette compliance theeks on these bvsinesses with t*e fo?lowing resnits: I D. 15SD1 16157 16928 333b8 17965 21659 32179 99032 19509 86393 25622 16068 16165 T;j�vr Mickey's :i.^.er Parrish's Scpper Cl�u` Jubilee Foo�s Just TrsfP?es Shinder's Dook 8 News Chsmpps Super pollaz Store Yarmo Liqvoz Stoze Starting Gate Total N.art West 7th A.�co The MnncZ The Apothecary Shop Addresa 1950 West 7th 2176 west 7th 2481 West ?th 350 N.arket 389 Wabasha 2AD1 West 7th 2971 West 7th 2989 West 7th 2516 west 7th 2525 West 7th 2525 West 7th 2550 West 7th 364 Si. Peter e u te Sold -M•�z�:o Nediwzs) sold (N.Pr]bcro Lig�s� Sold (Vizg�:nia Sl.-nsj Sold (N,zrlbom S.ights) Sold (2•'fazY'�oro Lighu) No Sale No Sale Na No Sale No Sale No Sale No Sale NO Sn�E I signed the �timeczs3 °or t`e cecoy for 3 hours Fnd I spent $16.20 `cz cigszettes. RJ/lb cc: Gary Pechmzna Ginger Pa�rner Peter �Pangborn 7bg4CCp Cp� CE CHECK FOAM DATE: /�� n� � TAXf. D. NUMBFR NAME OF COM E CHECI�R fi • S• �NAME OF OFFfCER NAMEANDADDAESS OF lJCENSED VENOOFfi �U S 7 //(/ ��/� :�33� �_�� -l-j6Z WAS 7HETOBACCA - SELF SERVE9 -- ASSI5TED? : y �: MACHBdEY SAIE WAS MADE: YES N0: �` BRAND: �Gf 1' L,GO !D l�r q !^�S NAMEOFCLERK: p-✓ � ��v� U'� SIX: M � F: DESCR4PilON: (I G✓!�-� � �v { CHECKABflRiED: YES •"'. aoomorar�cor�n�rs: S�/�'} 1 . .. r` _ - - - - - - -- _ - - - _ - - --- - - . - - - ----k�"� .-- , ` - � �' � r � " � �' f �t` <��; i l .. , .,�, Council File # �� 0 � Green Sheet # �U�� PAUL, MINNESOTA Presented By Refexred To Committee: Date �+1� RE50LVED, that the Licensee, Just Truffles, Inc. d/b/a Just Truffles (License ID No. 33368), located at 350 Market Street 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 Protecrion within tlurty (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 are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such azguments 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: �� c�— _ ' �-„r.�.e :.� _ Approved by Mayor: Date 7,�/;� �- By: �'�/�I �� BY� C�� h` A� Form Approved by City Attorney i� BY � �6 �/Gf� / h Li_: , .'�,� /\ Approved by Mayor for 5ubmission to Council By: Adopted by Council: Date �9��1�� . Adoption Certified by Council Secretary �=t� \U2 dh�4� DEMqi11ENTAF'rlCE/COt1NGL DATE MlT1A1ED � _ — ' — or��of� iizzi9� GREEN SHEE CONTAC! PEq50N & PHONE INRIAVDATE INRIAVDATE � DEPARTMENTOIRECTOR � CIT'COUNCIL Chiistine Rozek, 266-9108 0.551GN � pTl'ATfORNEY � CT'CLERK MUST BE ON COUNGIL AGENDA BV (DATE) pO��FOfl O gUDGET DIREGTOFi � FlN. $ MGT. SERVICES UIR. Pebruary 5, 1997, Public hearin OfiDER � MpyOFi (OR ASSISTAPfT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTEO: Concerning adverse action against licenses held by Just Truffles, Inc., DBA Just Truffles, located at 350 Mazket 5treet. (Uncontested) RECOMMENDA7ION5: Appmve (A) m Reject (q) pERSONAL SERVICE CONTRACTS MU57 ANSWER 7HE FOLLOWING QUESTIONS: _ PLANNING COMMISSION __ CIVIL SERVICE COMMISSION 1. Has this perso�rm ever worked under a cnntract for this departrneM? _ CIB COMMITfEE __ YES NO 2. Nas this personlfirm ever been a city employee? _ SiqFF — YES NO _ DIS7AIC7 COURT _ 3. Does this person/firm possess a skill not normally possessed by any curreM city emplqree? SUPPOflTS WHICH COUNCIL O&IEGTIVE? YES NO Explain all yes answers on separate sheet and ettach to green sheet INITIATING PROBLEM, ISSUE. OPPORTUNIN (WhO, �a1. When, Where, Why): ADVANTAGESIFAPPROVED: Sn � DISADVANTAGES IFAPPROVED: q,g� p �gae i..�.� . -° $� z c ? � �\,�.� � yY 1.J" �»�-�� ° .. ..'- ` � .._ �"u.::3 : `? Cd i,�6�i �' E.' :"'r. � !c e�'e�e� _- ^�i DISADVANTAGES IF NOTAPPROVED: ��t�#�� FEu tiT �597� 'N' W 4 y 4�`� a� �@ ��E,J� TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfiG SOURCE ACTIVITV NUMBER FINANGIAL INFOR6nATION: (EXPLAINj OFFICE OF TF� CITY ATTORNEY Timothy & Marx, City Artorney (�--1 �U�� CITY OF SAINT PAUL cNrrnNU,an Norm Colemm; Mayor 400 Ciry Hall Telephone: 611266-8710 IS West Kellogg BHd Facsimi7e: 612 298-5679 Saint Paul Mumesola 55102 ' �� 4'�i January 15, 1997 ' 230TICE OF COUI3CIL HEARING °� � P � ,` Kathleen O'Hehir-Johnson Just Truffles 350 Market Street Saint Paul, Minnesota 55102 RE: Cigarette license held by Just Truffles, Inc. d/b/a Just Truffles for the premises located at 350 Market Street in St. Paul License ID No. 33368 Our File Number: G96-0577 Dear Ms. Kathleen O'Hehir-Johnson: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, February 5, 1997 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 report concerning the unlawful sale of cigarettes have not been disputed. 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, y../� ,� � �-��,.� � Virginia D. Falmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 4§5 Minnesota St., Suite 524, St. Paul, MI3 55101 �� UZ UNCONTESTED LICENSE HEARING Licensee Name: Just Truffles, inc. d/b/a Just Truffles Address: 350 Market Street Council Hearing Date: February 5, 1997 � Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: November 16, 1996 Place: Licensed Premises Presumptive Penalty: $200,00 Fine Recommendation of Assistant City Attorney on behalf of ciient, 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. Compiiance Report 6. City Attorney License Adverse Action Summary ( I �� r � � � THE SaINT P.-�llt HOTEL 35 �a-� cS'f-z�� f. J � ��a 55102 61z-2z2-6gzz Cecember 4, i996 T0= Virginia Palmer FROM= Kathleen 0'Hehir-Johnson RE= Cigarette Sales Violation �l`"t \C;Z_ �� DrC 05 1995 ��:" �� As per our conversation today , I am submitting this letter in response to the notice of violation. We dSd indeed make the saie of cigareLtes to a minor, who looked aparoximately 26 years old, an November 16, 1996. Please feel free to cor+tact me if you have any other questions and I look forward(?) to hearing from you. Sincerely, Kathleen O'Hehir-Johnson . CIT'Y OF SAINT PAUL Norm Cakman, Mayor November :6, 1996 NOTICfi OF VIOLATION Owner/Manager Just Truffles 350 Market Street Saint Paul, Minnesota 55102 OFFICT' - 'F THE CITY ATTORNEY Timothy � .,ars, Ciry AOOrney �_ Civil Drvisiort 400 Ciry Hall IS Wes! Kellogg Blvd Saint PauG Mmnesom SSI01 Telephone: 61T 266-Si10 Facs�ik: 6I2 298-5619 RE: All licenses held by Just Truffles, Inc. d/b/a Just Truffles for the premises located at 350 Market Street in St. Pau1 License ID No.: 33368 Dear Sir/Madam: The Director of the Office of LiCense, Inspections 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 November 16, 1996, you or another emplayee 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 Saiat 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 chcice, please advise my legal assistant, Peter Pangborn, within 5 days, and we will take the necessary steps to set up that ALJ '�earinq. He can be reached at 266-8710. Page 1 GZ �o`Z If you have any questions, you may contact me at 266-8710. Sincerely, U � l, Gz-f'-�Y/` Virgini Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Crganizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MN 55101 Page 2 ��--�vZ STATE Or MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 27, 1996, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Just Truffles 35� Market Street St. Paul, MN. 55102 twhich 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 and sworn to before me this 27th day of November, 1996. ��, �- �. Notary Public . • � RITA R�i. BQSSFP � MOTARV Fl,^L'G - �"':C�SC�TA RA(d = - � 'y .vw nn coR,T � �_� � �oo +w+�^�^�-^�..n�.�v�wv�,.^Mr. �i� �Z Lic ID ................... 33368 STAT ..................... AC Business Name............ JUST TRUFFLES INC Address .................. 350 MARKET ST Zip ...................... 55102 Doing Business As........ JC35T `PRt3FFLES License Name ............. GROCERY (C) Exp Date ................. 10/14/97 Insurance Carrier._...... Ins. Policy Number....... Ir_surance Effective Date. Ins. E�:piration Date_.._. NOTE AREA ................ INSPSCTOR CHANGE FROM RICH TO DENVER - 1/6/92 Tax Id ................... 2956518 Worker Comp Exp Date..... 06/22/95 Telephone ................ 222-6922 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � CIIY OF S.4II�T PAUL II.'T'ERDEPARTMENTAL MEMORAS.�DUM DATE: T0: PROM: RE: Nove.�er 13, 1996 Robert Xessler Rich ::er.ts ��. Cigarette Co:apliznce Checks Q� \C�Z On November 16, 159fi between the hours of 9:00 a,m. znd 12:00 p.m.,� (ths Eemale 16-yesr-old Eeccy) Gad I msfle cigarette compliance theeks on these bvsinesses with t*e fo?lowing resnits: I D. 15SD1 16157 16928 333b8 17965 21659 32179 99032 19509 86393 25622 16068 16165 T;j�vr Mickey's :i.^.er Parrish's Scpper Cl�u` Jubilee Foo�s Just TrsfP?es Shinder's Dook 8 News Chsmpps Super pollaz Store Yarmo Liqvoz Stoze Starting Gate Total N.art West 7th A.�co The MnncZ The Apothecary Shop Addresa 1950 West 7th 2176 west 7th 2481 West ?th 350 N.arket 389 Wabasha 2AD1 West 7th 2971 West 7th 2989 West 7th 2516 west 7th 2525 West 7th 2525 West 7th 2550 West 7th 364 Si. Peter e u te Sold -M•�z�:o Nediwzs) sold (N.Pr]bcro Lig�s� Sold (Vizg�:nia Sl.-nsj Sold (N,zrlbom S.ights) Sold (2•'fazY'�oro Lighu) No Sale No Sale Na No Sale No Sale No Sale No Sale NO Sn�E I signed the �timeczs3 °or t`e cecoy for 3 hours Fnd I spent $16.20 `cz cigszettes. RJ/lb cc: Gary Pechmzna Ginger Pa�rner Peter �Pangborn 7bg4CCp Cp� CE CHECK FOAM DATE: /�� n� � TAXf. D. NUMBFR NAME OF COM E CHECI�R fi • S• �NAME OF OFFfCER NAMEANDADDAESS OF lJCENSED VENOOFfi �U S 7 //(/ ��/� :�33� �_�� -l-j6Z WAS 7HETOBACCA - SELF SERVE9 -- ASSI5TED? : y �: MACHBdEY SAIE WAS MADE: YES N0: �` BRAND: �Gf 1' L,GO !D l�r q !^�S NAMEOFCLERK: p-✓ � ��v� U'� SIX: M � F: DESCR4PilON: (I G✓!�-� � �v { CHECKABflRiED: YES •"'. aoomorar�cor�n�rs: S�/�'} 1 . .. r` _ - - - - - - -- _ - - - _ - - --- - - . - - - ----k�"� .-- ,