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97-103.�_ . " f ' _ : 1 " � - S /? _ �_ : : Council File # ��—`�� Green Sheet # — \U�1� Presented By Referred To Committee: Date RESOLVED, that the Licensee, Moiz Akhtar d!b!a Korner Store (License ID I3o. 16741), located at 53 Cleveland Avenue South 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 xninor. Said fine shall 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 are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: By: Appr By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA � B ��-�,.�:., �=l �.,�-l� Form Approved by City Attorney By: J 'LG�.7.a,P/t �'t/�l�fi— � / Approved by Mayor for Submission to Council By: Adopted by Council: Date �,Q.,_ S_�q��( � Adoption Certified by Council Secretary q `03 fi�l�� OEWIRTMENDOFfICHCOUNCIL DATE MRIATED Office of LIEP 1-22-97 GREEN SHEE CONiACTPERSONBPHONE ODEPARTMENTDIRE ❑CRYCOUNCIL �N1TfAVDATE ChristineRozek 266-9108 �s�ce� cmnrroAwEV CRYCLERK NUYBENFOfl O a MUST BE ON COUNCIL AGEN�A BY (DATE) pOUTING � BUDGEf DIRECTOR � FIN. & MGT. SEFVICES DIR. Feb 5 1997 Public Hearin ORDER ❑� �Qq A �� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FEQUESTE�: Conce rnin o u adverse action against licenses held by Moiz Akhtar, DSA Korner Store, located at 53 Cleveland Avenue South. (Uncontested) RECOMMENDAnoNS: Appmve (A1 or Reject (R� pERSONAt SERVICE CONTHACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLqNNING CqMMISSION _ CIVIL SERVICE COMMISSION �� Has this personttirm ever worked �nder a coMract for this departmen[? _ CIBCOMMRTEE _ YES NO _ STAFF 2. Has this personftirm ever been a ciry employee? �– YES NO _ o1STR�C7 CoUFiT _ 3. Does this ersonttirm ssess a skill no[ normall � p po y possessetl by any curteM ciry employee. SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sheet antl attaeh to green sheet INITIATING PpOBLEM. ISSUE, OPPpRTUNITV (Who, Whet, NTen, Whare, Why): ADVANTAGES IF APPROVED: DISADVANTAGES IFAPPROVEO: �. �.� ^i_'9 ".1' ?°a^T�F'.q] L �._) ...... . ..........� n . .. 6df1i'3 � �' 4M v { DISADVAN7ACaES IF NOTAPPfiOYEO; , ---_ =�. -- _ _..— -�. ___. ,._ _.,>, � #t��i��s� �� 6� 1�9� s��'� ��ta � TOTAL AMOUNT OP TRANSACTION $ COS7/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDIi1G SOURCE ACTWITY NUMBER FINANCIALINFORNIATION'(EXPLAIN) OFFICE OF THE CITY ATTORNEY�� r�„orrry e. nr�. c,y arro� CITI' OF SAINT PALJL Civi7Division Narm Coleman, Mayor 400 City HaII Tekphone, 671266.5770 IS West Ke7logg Bhd Facsnrsik: 611298-5619 Sairu Pan� Muuvsom 55702 i January 15, 1997 �� `�`"'�'� �-��E'�? NOTICE OF COUNCIL HEARING "�`� . � � '�� David M. Bassett, III Korner Store 53 Cleveland Avenue South Saint Paul, Minnesota 55105 RE: Cigarette license held by Moiz Akhtar d/b/a Korner Store for the premises located 53 Cleveland Avenue South in St. Paul License ID No. 16741 Our File Number: G96-0665 Dear Mr. Bassett: 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,�� CJUL�,�L�t.t�,� u �r.�,� U Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathie Tarnowski, Community Organizer, Macalester-Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Q� �v� UNCONTESTED LiCENSE HEARING Licensee Name; Moiz Akhtar d/b/a Karner Store Address: 53 Cleveland Avenue South Coimcil Hearing Date: February 5, 1997 Violation: Sale ofi Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legis{ative Code § 324.07 Date: December 14, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney an behaff of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed reso{ution 2. Letter of licensee or attorney agreeing not to contest the facts 3. {dotice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary To: City of St. Paul From: David M. Bassett, Ill Re: Cigarette Sale to Under Age Customer �� v3 R�C�i�� JAN p7 i997 �� Due to the store's high volume af teen customers it is the store's po{icy to card afl suspect cigarette purchasers. f had ciosed the siore the previous night and arrived home araund 11:30PM - 12AM. I was also required to open the store the follo;�ing morning around 7:45AM. i was tired and 1 simply forgot to card the individual. Cigarette sales to minors is not a normal practice nor is it condoned by the Korner Store's proprietor. in the fiuture 1 will be more cautious of sales such as this. This was an honest mistake on my behalf and I apologize. OFFICE r'�_TF� CITY ATTORNEY r�a�y � x Ciy Attomry C� �U� CITY OF SAINT PAUL Norm Cokmm+, Mayor Civi! Division 400 Ciry Hall IS Wes7 Kepogg Blvd Saint Paul, M'mnesom SSIO2 Tekphone: 612 ?66-8710 Facsmiile: 612 79&-5619 December 17, 1996 NOTICS OF VIOLATIO,i Owner/Manager Korner Store 53 Cleveland Avenue South Saint Paul, Minnesota 55105 RE: Cigarette license held by Moiz Akhtar d/b/a Komer Store for the premises located at 53 Cleveland Ave. S. in St. Pau1 License ID No.:16741 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that ,adverse action be taken against your cigarette license held at the above-named premises. This recommendation is based on the following: On December 14, 1996, you or another employee sold cigarettes to a minor uader the age of 18 years in the licensed premises. This is aa of£ense under Minn. Stat. §6U9,685 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. I£ 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 necessary steps to set up that ALJ hearing. iie can be reached at 266-8710. Page 1 �Z �03 If you have any auestions, you may contact me at 266-8710. Sincerely, . ] / � �. ic .0 ZLGG�' -9 ,� �'�. i J Virginia D. Palmer Assistant City �ttorney -a - cc: Robert Kessler, Directcr, LIEP Christine Rozek, LIEP Kathie Tarnowski, Comnunity Organizer, Macalester-Groveland Community Council, 320 S. Griggs St., St. Paul, MN 551o5 Page 2 �� 3 STATE OF MINNESOTA ) s5. AFFIDAVIT OF SERVICE By MAII, COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 18, 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 Korner Store 53 Cleveland Avenue South St. Paul, MN. 55105 (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 and sworn to be£ore me this 18th day of December, 1996. 1� � �� Notary Public ° . � � RITA M. BpSSARD � ROTAflY PUBLiC — MINNESGiA RAMSEY COUNTY � MYComiri.F�splresJen.37�2000 �� o� Lic ID ................... 16741 STAT..................... AC Business Name............ AKHTAR, MOIZ Address .................. 53 CLEVELAND AVE S Zip........--•........... 55105 Doing Business As........ KORNER STORE License Name ............. OFF SALE MALT . CIGARETTE . GROCERY (C) Esp Date ................. 03/31/97 Insurance Carrier........ LETTER IN LIEU OF LIQ LIAB Ins. Policy Number_...... Insurance Effective Date. 04/03/96 Ins. Expiration Date..... WAIVED NOTE AREA ................ INSP CAANGE RROM 02 TO O1 ON 3/20J92 . 12588 . 062392 PH ON ESTABLISHING A$200 FINE FOR THE SALE . OF CIGARETTES TO A MINOR (UNCONTESTED) LAYED OVER . INDEFINITELY . 070792 " " " " APP'D C.F. 92-871 . OB1792 FINE PAID . 6/15/93 RNW APPD - MAILED 7/9/93 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Tax Id .................... 4860207 Worker Comp Exp Date..... OS/24/95 Telephone ................ 690-4107 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° �Z �� '----�-' a i � � � � �m �-� CIIY OF SAII�IT PAUL ��ax M�oxaNnuM CEC 17 :S��S �;-,�,_,��..aa /" � ��35 ��°3.� DAS:: :0: FRON :- RE: Decer�uer 16, 1996 Robe�t Kessler Rich Jer..s yj/ _ � �/ Cigarette Comgl_aace C.ecks On Dece:nber 14, 1:55 bec:aeea t9e ^o�rs ef 9:00 a.�. znd 12:e5 p.m., a 16 old �ale decoy aa3 = concnc�ec c:ga-et.e ce-pliance ci;ecks. T: e foilo;:_�g bus_nesses sold cigarec�es: I.D. �2527 i9391 61767 io7�i1 l�i�,MF \e:c`:bor's Grocexy Store S.r.it^ Ave.^.ua =-Z Stc� *:ars:a'1 Creti� Star.dard {O�::E: $�CSO . .'iG�^S2S5 AES Anita '778 �ott� Smith 2��5 I'?ESS:lfl'1 53 So. Cleveland I ma3> a total of 18 co:�.pL arce c^ecks anc 2 s�ent $9.95 for cigerettes. RJJi� cc: Gsry Pec:unaan Giager Palmer ?eter Par.gbora __� TOBACCA COMPLIANCE CHECK FORM DATE: �� '' T1ME: �j . y(/ TAX l. D. NUMBER 7' NAME OE COMPUANCE CHECKEfi NA Of OFFICER NAMEANDADDRESSOFIJCENSEDVEtdDOR , 1� ` A i„ �`l \C��j /� WAS THETOBACCO - SElF SERVE? ASSISTED? � MACHWE? SALE WAS MAD6 YES � N0: BR4ND: /�f yG�Jw✓/.� NAME OF CtFRK: � v i �J /} /,r �S t�L SEX: M �/ F: OESCAlPT10N: ��, 77 S I 1�•T,r �{ C�S -�� C� I� w CHECKA80RTED: YES N0: ADDITIONALCONMENTS: ./' //a„.w � I �. �'�__- , l�/1 i�%/ X_ f'. � � ��i�l/.+1/l G1�"�-- [//LaYYI/._/JL / .�_ . " f ' _ : 1 " � - S /? _ �_ : : Council File # ��—`�� Green Sheet # — \U�1� Presented By Referred To Committee: Date RESOLVED, that the Licensee, Moiz Akhtar d!b!a Korner Store (License ID I3o. 16741), located at 53 Cleveland Avenue South 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 xninor. Said fine shall 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 are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: By: Appr By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA � B ��-�,.�:., �=l �.,�-l� Form Approved by City Attorney By: J 'LG�.7.a,P/t �'t/�l�fi— � / Approved by Mayor for Submission to Council By: Adopted by Council: Date �,Q.,_ S_�q��( � Adoption Certified by Council Secretary q `03 fi�l�� OEWIRTMENDOFfICHCOUNCIL DATE MRIATED Office of LIEP 1-22-97 GREEN SHEE CONiACTPERSONBPHONE ODEPARTMENTDIRE ❑CRYCOUNCIL �N1TfAVDATE ChristineRozek 266-9108 �s�ce� cmnrroAwEV CRYCLERK NUYBENFOfl O a MUST BE ON COUNCIL AGEN�A BY (DATE) pOUTING � BUDGEf DIRECTOR � FIN. & MGT. SEFVICES DIR. Feb 5 1997 Public Hearin ORDER ❑� �Qq A �� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FEQUESTE�: Conce rnin o u adverse action against licenses held by Moiz Akhtar, DSA Korner Store, located at 53 Cleveland Avenue South. (Uncontested) RECOMMENDAnoNS: Appmve (A1 or Reject (R� pERSONAt SERVICE CONTHACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLqNNING CqMMISSION _ CIVIL SERVICE COMMISSION �� Has this personttirm ever worked �nder a coMract for this departmen[? _ CIBCOMMRTEE _ YES NO _ STAFF 2. Has this personftirm ever been a ciry employee? �– YES NO _ o1STR�C7 CoUFiT _ 3. Does this ersonttirm ssess a skill no[ normall � p po y possessetl by any curteM ciry employee. SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sheet antl attaeh to green sheet INITIATING PpOBLEM. ISSUE, OPPpRTUNITV (Who, Whet, NTen, Whare, Why): ADVANTAGES IF APPROVED: DISADVANTAGES IFAPPROVEO: �. �.� ^i_'9 ".1' ?°a^T�F'.q] L �._) ...... . ..........� n . .. 6df1i'3 � �' 4M v { DISADVAN7ACaES IF NOTAPPfiOYEO; , ---_ =�. -- _ _..— -�. ___. ,._ _.,>, � #t��i��s� �� 6� 1�9� s��'� ��ta � TOTAL AMOUNT OP TRANSACTION $ COS7/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDIi1G SOURCE ACTWITY NUMBER FINANCIALINFORNIATION'(EXPLAIN) OFFICE OF THE CITY ATTORNEY�� r�„orrry e. nr�. c,y arro� CITI' OF SAINT PALJL Civi7Division Narm Coleman, Mayor 400 City HaII Tekphone, 671266.5770 IS West Ke7logg Bhd Facsnrsik: 611298-5619 Sairu Pan� Muuvsom 55702 i January 15, 1997 �� `�`"'�'� �-��E'�? NOTICE OF COUNCIL HEARING "�`� . � � '�� David M. Bassett, III Korner Store 53 Cleveland Avenue South Saint Paul, Minnesota 55105 RE: Cigarette license held by Moiz Akhtar d/b/a Korner Store for the premises located 53 Cleveland Avenue South in St. Paul License ID No. 16741 Our File Number: G96-0665 Dear Mr. Bassett: 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,�� CJUL�,�L�t.t�,� u �r.�,� U Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathie Tarnowski, Community Organizer, Macalester-Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Q� �v� UNCONTESTED LiCENSE HEARING Licensee Name; Moiz Akhtar d/b/a Karner Store Address: 53 Cleveland Avenue South Coimcil Hearing Date: February 5, 1997 Violation: Sale ofi Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legis{ative Code § 324.07 Date: December 14, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney an behaff of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed reso{ution 2. Letter of licensee or attorney agreeing not to contest the facts 3. {dotice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary To: City of St. Paul From: David M. Bassett, Ill Re: Cigarette Sale to Under Age Customer �� v3 R�C�i�� JAN p7 i997 �� Due to the store's high volume af teen customers it is the store's po{icy to card afl suspect cigarette purchasers. f had ciosed the siore the previous night and arrived home araund 11:30PM - 12AM. I was also required to open the store the follo;�ing morning around 7:45AM. i was tired and 1 simply forgot to card the individual. Cigarette sales to minors is not a normal practice nor is it condoned by the Korner Store's proprietor. in the fiuture 1 will be more cautious of sales such as this. This was an honest mistake on my behalf and I apologize. OFFICE r'�_TF� CITY ATTORNEY r�a�y � x Ciy Attomry C� �U� CITY OF SAINT PAUL Norm Cokmm+, Mayor Civi! Division 400 Ciry Hall IS Wes7 Kepogg Blvd Saint Paul, M'mnesom SSIO2 Tekphone: 612 ?66-8710 Facsmiile: 612 79&-5619 December 17, 1996 NOTICS OF VIOLATIO,i Owner/Manager Korner Store 53 Cleveland Avenue South Saint Paul, Minnesota 55105 RE: Cigarette license held by Moiz Akhtar d/b/a Komer Store for the premises located at 53 Cleveland Ave. S. in St. Pau1 License ID No.:16741 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that ,adverse action be taken against your cigarette license held at the above-named premises. This recommendation is based on the following: On December 14, 1996, you or another employee sold cigarettes to a minor uader the age of 18 years in the licensed premises. This is aa of£ense under Minn. Stat. §6U9,685 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. I£ 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 necessary steps to set up that ALJ hearing. iie can be reached at 266-8710. Page 1 �Z �03 If you have any auestions, you may contact me at 266-8710. Sincerely, . ] / � �. ic .0 ZLGG�' -9 ,� �'�. i J Virginia D. Palmer Assistant City �ttorney -a - cc: Robert Kessler, Directcr, LIEP Christine Rozek, LIEP Kathie Tarnowski, Comnunity Organizer, Macalester-Groveland Community Council, 320 S. Griggs St., St. Paul, MN 551o5 Page 2 �� 3 STATE OF MINNESOTA ) s5. AFFIDAVIT OF SERVICE By MAII, COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 18, 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 Korner Store 53 Cleveland Avenue South St. Paul, MN. 55105 (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 and sworn to be£ore me this 18th day of December, 1996. 1� � �� Notary Public ° . � � RITA M. BpSSARD � ROTAflY PUBLiC — MINNESGiA RAMSEY COUNTY � MYComiri.F�splresJen.37�2000 �� o� Lic ID ................... 16741 STAT..................... AC Business Name............ AKHTAR, MOIZ Address .................. 53 CLEVELAND AVE S Zip........--•........... 55105 Doing Business As........ KORNER STORE License Name ............. OFF SALE MALT . CIGARETTE . GROCERY (C) Esp Date ................. 03/31/97 Insurance Carrier........ LETTER IN LIEU OF LIQ LIAB Ins. Policy Number_...... Insurance Effective Date. 04/03/96 Ins. Expiration Date..... WAIVED NOTE AREA ................ INSP CAANGE RROM 02 TO O1 ON 3/20J92 . 12588 . 062392 PH ON ESTABLISHING A$200 FINE FOR THE SALE . OF CIGARETTES TO A MINOR (UNCONTESTED) LAYED OVER . INDEFINITELY . 070792 " " " " APP'D C.F. 92-871 . OB1792 FINE PAID . 6/15/93 RNW APPD - MAILED 7/9/93 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Tax Id .................... 4860207 Worker Comp Exp Date..... OS/24/95 Telephone ................ 690-4107 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° �Z �� '----�-' a i � � � � �m �-� CIIY OF SAII�IT PAUL ��ax M�oxaNnuM CEC 17 :S��S �;-,�,_,��..aa /" � ��35 ��°3.� DAS:: :0: FRON :- RE: Decer�uer 16, 1996 Robe�t Kessler Rich Jer..s yj/ _ � �/ Cigarette Comgl_aace C.ecks On Dece:nber 14, 1:55 bec:aeea t9e ^o�rs ef 9:00 a.�. znd 12:e5 p.m., a 16 old �ale decoy aa3 = concnc�ec c:ga-et.e ce-pliance ci;ecks. T: e foilo;:_�g bus_nesses sold cigarec�es: I.D. �2527 i9391 61767 io7�i1 l�i�,MF \e:c`:bor's Grocexy Store S.r.it^ Ave.^.ua =-Z Stc� *:ars:a'1 Creti� Star.dard {O�::E: $�CSO . .'iG�^S2S5 AES Anita '778 �ott� Smith 2��5 I'?ESS:lfl'1 53 So. Cleveland I ma3> a total of 18 co:�.pL arce c^ecks anc 2 s�ent $9.95 for cigerettes. RJJi� cc: Gsry Pec:unaan Giager Palmer ?eter Par.gbora __� TOBACCA COMPLIANCE CHECK FORM DATE: �� '' T1ME: �j . y(/ TAX l. D. NUMBER 7' NAME OE COMPUANCE CHECKEfi NA Of OFFICER NAMEANDADDRESSOFIJCENSEDVEtdDOR , 1� ` A i„ �`l \C��j /� WAS THETOBACCO - SElF SERVE? ASSISTED? � MACHWE? SALE WAS MAD6 YES � N0: BR4ND: /�f yG�Jw✓/.� NAME OF CtFRK: � v i �J /} /,r �S t�L SEX: M �/ F: OESCAlPT10N: ��, 77 S I 1�•T,r �{ C�S -�� C� I� w CHECKA80RTED: YES N0: ADDITIONALCONMENTS: ./' //a„.w � I �. �'�__- , l�/1 i�%/ X_ f'. � � ��i�l/.+1/l G1�"�-- [//LaYYI/._/JL / .�_ . " f ' _ : 1 " � - S /? _ �_ : : Council File # ��—`�� Green Sheet # — \U�1� Presented By Referred To Committee: Date RESOLVED, that the Licensee, Moiz Akhtar d!b!a Korner Store (License ID I3o. 16741), located at 53 Cleveland Avenue South 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 xninor. Said fine shall 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 are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: By: Appr By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA � B ��-�,.�:., �=l �.,�-l� Form Approved by City Attorney By: J 'LG�.7.a,P/t �'t/�l�fi— � / Approved by Mayor for Submission to Council By: Adopted by Council: Date �,Q.,_ S_�q��( � Adoption Certified by Council Secretary q `03 fi�l�� OEWIRTMENDOFfICHCOUNCIL DATE MRIATED Office of LIEP 1-22-97 GREEN SHEE CONiACTPERSONBPHONE ODEPARTMENTDIRE ❑CRYCOUNCIL �N1TfAVDATE ChristineRozek 266-9108 �s�ce� cmnrroAwEV CRYCLERK NUYBENFOfl O a MUST BE ON COUNCIL AGEN�A BY (DATE) pOUTING � BUDGEf DIRECTOR � FIN. & MGT. SEFVICES DIR. Feb 5 1997 Public Hearin ORDER ❑� �Qq A �� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FEQUESTE�: Conce rnin o u adverse action against licenses held by Moiz Akhtar, DSA Korner Store, located at 53 Cleveland Avenue South. (Uncontested) RECOMMENDAnoNS: Appmve (A1 or Reject (R� pERSONAt SERVICE CONTHACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLqNNING CqMMISSION _ CIVIL SERVICE COMMISSION �� Has this personttirm ever worked �nder a coMract for this departmen[? _ CIBCOMMRTEE _ YES NO _ STAFF 2. Has this personftirm ever been a ciry employee? �– YES NO _ o1STR�C7 CoUFiT _ 3. Does this ersonttirm ssess a skill no[ normall � p po y possessetl by any curteM ciry employee. SUPPORTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separete sheet antl attaeh to green sheet INITIATING PpOBLEM. ISSUE, OPPpRTUNITV (Who, Whet, NTen, Whare, Why): ADVANTAGES IF APPROVED: DISADVANTAGES IFAPPROVEO: �. �.� ^i_'9 ".1' ?°a^T�F'.q] L �._) ...... . ..........� n . .. 6df1i'3 � �' 4M v { DISADVAN7ACaES IF NOTAPPfiOYEO; , ---_ =�. -- _ _..— -�. ___. ,._ _.,>, � #t��i��s� �� 6� 1�9� s��'� ��ta � TOTAL AMOUNT OP TRANSACTION $ COS7/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDIi1G SOURCE ACTWITY NUMBER FINANCIALINFORNIATION'(EXPLAIN) OFFICE OF THE CITY ATTORNEY�� r�„orrry e. nr�. c,y arro� CITI' OF SAINT PALJL Civi7Division Narm Coleman, Mayor 400 City HaII Tekphone, 671266.5770 IS West Ke7logg Bhd Facsnrsik: 611298-5619 Sairu Pan� Muuvsom 55702 i January 15, 1997 �� `�`"'�'� �-��E'�? NOTICE OF COUNCIL HEARING "�`� . � � '�� David M. Bassett, III Korner Store 53 Cleveland Avenue South Saint Paul, Minnesota 55105 RE: Cigarette license held by Moiz Akhtar d/b/a Korner Store for the premises located 53 Cleveland Avenue South in St. Paul License ID No. 16741 Our File Number: G96-0665 Dear Mr. Bassett: 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,�� CJUL�,�L�t.t�,� u �r.�,� U Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathie Tarnowski, Community Organizer, Macalester-Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Q� �v� UNCONTESTED LiCENSE HEARING Licensee Name; Moiz Akhtar d/b/a Karner Store Address: 53 Cleveland Avenue South Coimcil Hearing Date: February 5, 1997 Violation: Sale ofi Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legis{ative Code § 324.07 Date: December 14, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney an behaff of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed reso{ution 2. Letter of licensee or attorney agreeing not to contest the facts 3. {dotice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary To: City of St. Paul From: David M. Bassett, Ill Re: Cigarette Sale to Under Age Customer �� v3 R�C�i�� JAN p7 i997 �� Due to the store's high volume af teen customers it is the store's po{icy to card afl suspect cigarette purchasers. f had ciosed the siore the previous night and arrived home araund 11:30PM - 12AM. I was also required to open the store the follo;�ing morning around 7:45AM. i was tired and 1 simply forgot to card the individual. Cigarette sales to minors is not a normal practice nor is it condoned by the Korner Store's proprietor. in the fiuture 1 will be more cautious of sales such as this. This was an honest mistake on my behalf and I apologize. OFFICE r'�_TF� CITY ATTORNEY r�a�y � x Ciy Attomry C� �U� CITY OF SAINT PAUL Norm Cokmm+, Mayor Civi! Division 400 Ciry Hall IS Wes7 Kepogg Blvd Saint Paul, M'mnesom SSIO2 Tekphone: 612 ?66-8710 Facsmiile: 612 79&-5619 December 17, 1996 NOTICS OF VIOLATIO,i Owner/Manager Korner Store 53 Cleveland Avenue South Saint Paul, Minnesota 55105 RE: Cigarette license held by Moiz Akhtar d/b/a Komer Store for the premises located at 53 Cleveland Ave. S. in St. Pau1 License ID No.:16741 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that ,adverse action be taken against your cigarette license held at the above-named premises. This recommendation is based on the following: On December 14, 1996, you or another employee sold cigarettes to a minor uader the age of 18 years in the licensed premises. This is aa of£ense under Minn. Stat. §6U9,685 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. I£ 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 necessary steps to set up that ALJ hearing. iie can be reached at 266-8710. Page 1 �Z �03 If you have any auestions, you may contact me at 266-8710. Sincerely, . ] / � �. ic .0 ZLGG�' -9 ,� �'�. i J Virginia D. Palmer Assistant City �ttorney -a - cc: Robert Kessler, Directcr, LIEP Christine Rozek, LIEP Kathie Tarnowski, Comnunity Organizer, Macalester-Groveland Community Council, 320 S. Griggs St., St. Paul, MN 551o5 Page 2 �� 3 STATE OF MINNESOTA ) s5. AFFIDAVIT OF SERVICE By MAII, COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 18, 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 Korner Store 53 Cleveland Avenue South St. Paul, MN. 55105 (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 and sworn to be£ore me this 18th day of December, 1996. 1� � �� Notary Public ° . � � RITA M. BpSSARD � ROTAflY PUBLiC — MINNESGiA RAMSEY COUNTY � MYComiri.F�splresJen.37�2000 �� o� Lic ID ................... 16741 STAT..................... AC Business Name............ AKHTAR, MOIZ Address .................. 53 CLEVELAND AVE S Zip........--•........... 55105 Doing Business As........ KORNER STORE License Name ............. OFF SALE MALT . CIGARETTE . GROCERY (C) Esp Date ................. 03/31/97 Insurance Carrier........ LETTER IN LIEU OF LIQ LIAB Ins. Policy Number_...... Insurance Effective Date. 04/03/96 Ins. Expiration Date..... WAIVED NOTE AREA ................ INSP CAANGE RROM 02 TO O1 ON 3/20J92 . 12588 . 062392 PH ON ESTABLISHING A$200 FINE FOR THE SALE . OF CIGARETTES TO A MINOR (UNCONTESTED) LAYED OVER . INDEFINITELY . 070792 " " " " APP'D C.F. 92-871 . OB1792 FINE PAID . 6/15/93 RNW APPD - MAILED 7/9/93 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Tax Id .................... 4860207 Worker Comp Exp Date..... OS/24/95 Telephone ................ 690-4107 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° �Z �� '----�-' a i � � � � �m �-� CIIY OF SAII�IT PAUL ��ax M�oxaNnuM CEC 17 :S��S �;-,�,_,��..aa /" � ��35 ��°3.� DAS:: :0: FRON :- RE: Decer�uer 16, 1996 Robe�t Kessler Rich Jer..s yj/ _ � �/ Cigarette Comgl_aace C.ecks On Dece:nber 14, 1:55 bec:aeea t9e ^o�rs ef 9:00 a.�. znd 12:e5 p.m., a 16 old �ale decoy aa3 = concnc�ec c:ga-et.e ce-pliance ci;ecks. T: e foilo;:_�g bus_nesses sold cigarec�es: I.D. �2527 i9391 61767 io7�i1 l�i�,MF \e:c`:bor's Grocexy Store S.r.it^ Ave.^.ua =-Z Stc� *:ars:a'1 Creti� Star.dard {O�::E: $�CSO . .'iG�^S2S5 AES Anita '778 �ott� Smith 2��5 I'?ESS:lfl'1 53 So. Cleveland I ma3> a total of 18 co:�.pL arce c^ecks anc 2 s�ent $9.95 for cigerettes. RJJi� cc: Gsry Pec:unaan Giager Palmer ?eter Par.gbora __� TOBACCA COMPLIANCE CHECK FORM DATE: �� '' T1ME: �j . y(/ TAX l. D. NUMBER 7' NAME OE COMPUANCE CHECKEfi NA Of OFFICER NAMEANDADDRESSOFIJCENSEDVEtdDOR , 1� ` A i„ �`l \C��j /� WAS THETOBACCO - SElF SERVE? ASSISTED? � MACHWE? SALE WAS MAD6 YES � N0: BR4ND: /�f yG�Jw✓/.� NAME OF CtFRK: � v i �J /} /,r �S t�L SEX: M �/ F: OESCAlPT10N: ��, 77 S I 1�•T,r �{ C�S -�� C� I� w CHECKA80RTED: YES N0: ADDITIONALCONMENTS: ./' //a„.w � I �. �'�__- , l�/1 i�%/ X_ f'. � � ��i�l/.+1/l G1�"�-- [//LaYYI/._/JL /