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97-105�; ;^-. �-._ . Council File # �� U� `" ' � � • • s� . . , .�, Green Sheet # �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,`a /� �i , � T Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee: Date RESOLVED, that the Licensee, Peter Witt d/b/a Maryland Avenue Uttocal (License ID No. 41461), located at 406 Maryland Avenue East 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 sha11 be paid to the Office of License, Inspections and Environmental Protection witivn thirry (30) days of the adoption of this resolufion by the Council and signature by the Mayor. This resolution and the acrion of the Council in this matter aze based upon the facts contained in the Notice of Violafion letter to the licensee, the compliance report, and such azguments as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: Adoption Certified by Council Secretary BY� _ L �._ � Approved by Mayor: Date 'Z�� By: i� �� L �� B�: C;�'-,�.�� -,�,,�c.� Form Approved by City Att� \ � BY � � � l� GC�rnt� by Mayor for Submission to Council By: Adopted by Council : Date �\ .�l�. . � `� q � _`�`—�--«T q� �c�� OWARTNIENTIOFFICHCOUNCfL OAiE INI71A7ED � V U�� Office of LIEP ii2ai9� GREEN SHEE CONTACT PERSON 8 PHONE �NRIAI/DATE INITIAL/DAiE � OEPARTlAENT DIRECTOR O CITY CAUNCiI ChiiStine Roz2k, 266-9108 A��N � CffYATfORNEV � CITYCLEqK MU5T BE ON COUNCIL A6ENDA BY (DAT� p�� FOR O BUDGEf DIRECTO � PIN. & MGT. SERVICES OIfl. Feb 5 1997 Public hearin � DEA Q MAVOR (OR ASS15fM1T) � TOTAL # OF SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNATURE) ACTION REQUESTED: Concerning adverse action against licenses held by Peter Witt, DBA Maryland Avenue Unocal, located at 406 Maryland Avenue East. (Uncontested) FiECAMMENDn710NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTqACTS MUST ANSWER THE FOLLOWING pUESTIONS: _ PLANNING CAMMISSION _ CIVIL SEflVICE COMMISSION 1. Has [his person/firm ever worked under a contrect for this department? _ CIB COMMITTEE _ YES NO _� 2. Has this person/firm ever been a city employee? — YES NO __ DIS7qICTCWRi _ 3. Doesthis r50nfliml '� pe possess a skill noi normally possessed by any current city employee. SUPPOqTS WHICH COUNGL OBJECTIVE? YES NO Explain all yes answers on aeperate sheet antl attaeh to gYeen sheet INffIATING PROBLEM, ISSUE, OPPmR7UNITY (Who. Whet, Wlien, Where. WPy): ADVANTAGES IF APPFiOVEO; DISADVANTAGES IFAPPROVED. � o...�.r...,_.i .0 Zu�R JHI'V � f� i�:�� ,.-- . _� .,.. ._..�_ ��_:�-,� DISADVANTAGES IF NOTAPPROVED: �� 0� T5�7 A, � s �� " t:'" Ei��iorx' Si, F.; ar TOTAL AMOUNT OF THANSACTION $ COST/REVENUE BUDGETED (CIHCLE ONE) YES NO FUNDI(aG S�URCE ACTIYITY NUMBER FINANCIAL INFORFnATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY r,morr E Nra�. c;ya�ro.n� C�—I—�U� CITY OF SA1NT PAUI, Civi! Divisiors 1 Norm Co(eman, Mayar 400 Ciry Hall Telephone: 672 266-871 D 15 Wesi Ke!logg Blvd. Facsimife: 612 298-56I9 SaintP¢u{ ATinnesot¢ Si102 : Januaxy 14, 1997 M �� S�`�?��#( �v�a:d:<3 ��a`� NOTICE OF CQIINCIL HEARING Peter F. Witt j��jS q'; ":�. , Owner Maryland Avenue Unocal 406 Maryland Avenue East Saint Paul, Minnesota 55101 RE Dear Mr Avenue East in St. Paul License ID No. 41461 Our File Number: G96-0643 Cigarette license held by Peter Witt Avenue Unocal for the premises located Witt: d/b/a Maryland at 406 Maryland 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 unlaw£ul sale of cigarettes have been admitted. You will have an opportunity at the Council hearing to present oral andJor 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 ca11 me at 266-8710. Very truly yours, ��,u�G�J �J�c.fn.�c^ Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Pau1, MN 55101 �� os UNCONTESTED LICENSE HEARING Licensee Name: Peter Witt d/b/a Maryland Avenue Unocal Address: 406 Marytand Avenue East Council Hearing Date: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paui Legislative Code § 324.07 Date: November 12, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on befiatf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. letter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary �� v� Maryland Avenue Unocal 406 Maryl anc3 Ave East St_ Paul, MN 55101 612 — 771 — 4880 12-18-1996 ;,-�. ,,.,,. �� S - - � - _, �.'=..---- - Virginia Palmer Assistant City Attorney City of St. Paul 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 Dear Ms. Palmer Regarding the notice oY violation recieved Yrom your office on 12-I6-1996, it appears that one of my employees violated Mn. Statute #609.685. I have since implemented precautions to prevent and insure minors are not sald to in the fuYure. These include more empioyee training and additional counter signage requesting I.D to be presented for purchace. We will continue to remind and enforce this issuie with all employees, and will gratefully accept any other recomendations provided by the City oY St Paul. R�p ctYully, � �=�� e� Pater F. Witt OFFICF '`F THE CITY ATTORNEY Ti,xorhy c .arr. CiryAmomey Q� �v� CITY OF SAINT PAUL Civil Divitron h'orm Cokman, Mayor 400 Ciry Ha1[ Telephone: 6l2166-8710 IS West Kellogg Blvd Faa�tile: 612198-5619 Saint PmeZ �Lfmn¢som 55701 December 12, 1996 NOTICE OR VIOLATION Mr. Peter Witt Maryland Avenue Unocal 406 Maryland Avenue East Saint Paul, Minnesota 55101 RE: Cigarette license held by Peter Witt d/b/a Maryland Avenue Unocal for the premises located at 406 Maryland Avenue EasC in St. Paul License ID No.: 41461 Dear Mr. Witt: 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 November 12, 1995, you or another employee sold cigarettes to a minor vnder the age of 18 years in the licensed premises. This is an offease under Minn. Stat. �609.685 aad 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. He can be reached at 266-8710_ Page 1 c �v� If you have any questions, you may contact me at 266-8710. Sincerely, C �� 4 f, C� �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Page 2 �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT-OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 13, 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: Mr. Peter Witt Maryland Avenue Unocal 406 Maryland Avenue East St. Paul, MN. 55101 (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 before me this 13th day of December, 1996. ,.��C-!✓ ��i - /�J��t�� Notary Public � RITA M. BOSSARD ZZ ��NOiARYPL?UC—tA1P;�vcSOTA � F Rar,ns�Y cour�rr My Comm. ExPires.1�.31. 2000 • ■ �� o� Lic ID ................... 41461 STAT ..................... AC Business Name........._.. WITT, PETER Address .................. 406 MARYLAND AVE E Zip ...................... 55101 Doing Business As........ MARYLAND A�IENUE UNOCAL License Name ............. AUTO REPAIR GARAGE . GAS STATION . ORIGINAL CONTAINER . CIGARETTE Exp Date ................. 08/O1/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ OWNER . 9j5j96 PT3BLIC HEARING NOTICE MAILED, HEARING SET F . OR 9/25/96 27 MASLED, 2 INTBROFFICE, 47 EMAILED . 9j25/96 APPN FOR NEW AUTO REP GAR, GAS STA, CIG, . ORIG CONT APP`D C.F. 96-1205 Tax Id ................... 4113990 50 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Worker Comp Exp Date..... Telephone .................. 771-6428 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLQSED ° PRTNT OFF ° 1 � �-�-�� s CIGARETTE PRE�IISE CHECKS � � � � •E��„ � 1. � 2. � 3, � 4. `��5. r �,� � �: 7 � ,� 9. � 10. �I1. �12. _� 13. �. INSPECTOR: KRIS SCHVJEINLER TOTAL MAR.T #5667 304 LARPBNTEUR AVE. E. BURRSTREET GROCERY 962 BURR ST. KORMANN'S SL7PERMARI{ET 714 BURR ST. MORELLI'S SPECTALTYMARKET 535 TEDESCO ST. corr�oY°s G��..._. 499 PAYNE AVE. XARUSSO BROTI�RS 637 PAY?�IE AVE. CITGO MARKET 719 PAYNE AVE. REANY'S BAR 810 PAYNE AVE. LOUIE' S BAR 883 PAYNE AVE. ROCKIN' EAST SIDE 893-99 PAYNE AVE. SCHWEITZ'S SALOON 956 PAYNE AVE. PAYNE AVENUE LIQUOR 980 PAYNE AVE. 1NTERNATIONAL CURRENCY EXCHANGE 981 PAYNE AVE. (/� N � OK � �F WEEK: 10/20/96 � �k�.,f�9 h-f- � .�1 �.,�- t�w� _ T08PGCOCAMPLIMICECHECKFOPM � �—�'\�� DATE: I �^�� TiME � � 2 7AX I. 0. NUMBEF� NAMEOFCAMPUANCECHECKER G� S�- NAMEOFOFFlCER �/�.�Q.��P NAME/WDAODflESSOFl10ENSEDYF1dDOR V`_ln i � �t "2 .� Aric.�v��t* �'/�-�r�lan,c� WAS iNETOBPGCO - SEtf SERVE? ps$��p� •� Mp�p�Ey ` SALE WAS MADE: YES `'� N0: gFlqNp; v t v t �„,� � I � V � NAME OF CIERK: �"�"-P F fi I^i ., l�1 c� Io a t� SDC M ✓ F: DESCRIFt10N: CHECKABORTEU YES N0: �� a,00maanL cor�rn�s: 2 2.� , �; ;^-. �-._ . Council File # �� U� `" ' � � • • s� . . , .�, Green Sheet # �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,`a /� �i , � T Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee: Date RESOLVED, that the Licensee, Peter Witt d/b/a Maryland Avenue Uttocal (License ID No. 41461), located at 406 Maryland Avenue East 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 sha11 be paid to the Office of License, Inspections and Environmental Protection witivn thirry (30) days of the adoption of this resolufion by the Council and signature by the Mayor. This resolution and the acrion of the Council in this matter aze based upon the facts contained in the Notice of Violafion letter to the licensee, the compliance report, and such azguments as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: Adoption Certified by Council Secretary BY� _ L �._ � Approved by Mayor: Date 'Z�� By: i� �� L �� B�: C;�'-,�.�� -,�,,�c.� Form Approved by City Att� \ � BY � � � l� GC�rnt� by Mayor for Submission to Council By: Adopted by Council : Date �\ .�l�. . � `� q � _`�`—�--«T q� �c�� OWARTNIENTIOFFICHCOUNCfL OAiE INI71A7ED � V U�� Office of LIEP ii2ai9� GREEN SHEE CONTACT PERSON 8 PHONE �NRIAI/DATE INITIAL/DAiE � OEPARTlAENT DIRECTOR O CITY CAUNCiI ChiiStine Roz2k, 266-9108 A��N � CffYATfORNEV � CITYCLEqK MU5T BE ON COUNCIL A6ENDA BY (DAT� p�� FOR O BUDGEf DIRECTO � PIN. & MGT. SERVICES OIfl. Feb 5 1997 Public hearin � DEA Q MAVOR (OR ASS15fM1T) � TOTAL # OF SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNATURE) ACTION REQUESTED: Concerning adverse action against licenses held by Peter Witt, DBA Maryland Avenue Unocal, located at 406 Maryland Avenue East. (Uncontested) FiECAMMENDn710NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTqACTS MUST ANSWER THE FOLLOWING pUESTIONS: _ PLANNING CAMMISSION _ CIVIL SEflVICE COMMISSION 1. Has [his person/firm ever worked under a contrect for this department? _ CIB COMMITTEE _ YES NO _� 2. Has this person/firm ever been a city employee? — YES NO __ DIS7qICTCWRi _ 3. Doesthis r50nfliml '� pe possess a skill noi normally possessed by any current city employee. SUPPOqTS WHICH COUNGL OBJECTIVE? YES NO Explain all yes answers on aeperate sheet antl attaeh to gYeen sheet INffIATING PROBLEM, ISSUE, OPPmR7UNITY (Who. Whet, Wlien, Where. WPy): ADVANTAGES IF APPFiOVEO; DISADVANTAGES IFAPPROVED. � o...�.r...,_.i .0 Zu�R JHI'V � f� i�:�� ,.-- . _� .,.. ._..�_ ��_:�-,� DISADVANTAGES IF NOTAPPROVED: �� 0� T5�7 A, � s �� " t:'" Ei��iorx' Si, F.; ar TOTAL AMOUNT OF THANSACTION $ COST/REVENUE BUDGETED (CIHCLE ONE) YES NO FUNDI(aG S�URCE ACTIYITY NUMBER FINANCIAL INFORFnATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY r,morr E Nra�. c;ya�ro.n� C�—I—�U� CITY OF SA1NT PAUI, Civi! Divisiors 1 Norm Co(eman, Mayar 400 Ciry Hall Telephone: 672 266-871 D 15 Wesi Ke!logg Blvd. Facsimife: 612 298-56I9 SaintP¢u{ ATinnesot¢ Si102 : Januaxy 14, 1997 M �� S�`�?��#( �v�a:d:<3 ��a`� NOTICE OF CQIINCIL HEARING Peter F. Witt j��jS q'; ":�. , Owner Maryland Avenue Unocal 406 Maryland Avenue East Saint Paul, Minnesota 55101 RE Dear Mr Avenue East in St. Paul License ID No. 41461 Our File Number: G96-0643 Cigarette license held by Peter Witt Avenue Unocal for the premises located Witt: d/b/a Maryland at 406 Maryland 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 unlaw£ul sale of cigarettes have been admitted. You will have an opportunity at the Council hearing to present oral andJor 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 ca11 me at 266-8710. Very truly yours, ��,u�G�J �J�c.fn.�c^ Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Pau1, MN 55101 �� os UNCONTESTED LICENSE HEARING Licensee Name: Peter Witt d/b/a Maryland Avenue Unocal Address: 406 Marytand Avenue East Council Hearing Date: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paui Legislative Code § 324.07 Date: November 12, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on befiatf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. letter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary �� v� Maryland Avenue Unocal 406 Maryl anc3 Ave East St_ Paul, MN 55101 612 — 771 — 4880 12-18-1996 ;,-�. ,,.,,. �� S - - � - _, �.'=..---- - Virginia Palmer Assistant City Attorney City of St. Paul 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 Dear Ms. Palmer Regarding the notice oY violation recieved Yrom your office on 12-I6-1996, it appears that one of my employees violated Mn. Statute #609.685. I have since implemented precautions to prevent and insure minors are not sald to in the fuYure. These include more empioyee training and additional counter signage requesting I.D to be presented for purchace. We will continue to remind and enforce this issuie with all employees, and will gratefully accept any other recomendations provided by the City oY St Paul. R�p ctYully, � �=�� e� Pater F. Witt OFFICF '`F THE CITY ATTORNEY Ti,xorhy c .arr. CiryAmomey Q� �v� CITY OF SAINT PAUL Civil Divitron h'orm Cokman, Mayor 400 Ciry Ha1[ Telephone: 6l2166-8710 IS West Kellogg Blvd Faa�tile: 612198-5619 Saint PmeZ �Lfmn¢som 55701 December 12, 1996 NOTICE OR VIOLATION Mr. Peter Witt Maryland Avenue Unocal 406 Maryland Avenue East Saint Paul, Minnesota 55101 RE: Cigarette license held by Peter Witt d/b/a Maryland Avenue Unocal for the premises located at 406 Maryland Avenue EasC in St. Paul License ID No.: 41461 Dear Mr. Witt: 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 November 12, 1995, you or another employee sold cigarettes to a minor vnder the age of 18 years in the licensed premises. This is an offease under Minn. Stat. �609.685 aad 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. He can be reached at 266-8710_ Page 1 c �v� If you have any questions, you may contact me at 266-8710. Sincerely, C �� 4 f, C� �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Page 2 �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT-OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 13, 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: Mr. Peter Witt Maryland Avenue Unocal 406 Maryland Avenue East St. Paul, MN. 55101 (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 before me this 13th day of December, 1996. ,.��C-!✓ ��i - /�J��t�� Notary Public � RITA M. BOSSARD ZZ ��NOiARYPL?UC—tA1P;�vcSOTA � F Rar,ns�Y cour�rr My Comm. ExPires.1�.31. 2000 • ■ �� o� Lic ID ................... 41461 STAT ..................... AC Business Name........._.. WITT, PETER Address .................. 406 MARYLAND AVE E Zip ...................... 55101 Doing Business As........ MARYLAND A�IENUE UNOCAL License Name ............. AUTO REPAIR GARAGE . GAS STATION . ORIGINAL CONTAINER . CIGARETTE Exp Date ................. 08/O1/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ OWNER . 9j5j96 PT3BLIC HEARING NOTICE MAILED, HEARING SET F . OR 9/25/96 27 MASLED, 2 INTBROFFICE, 47 EMAILED . 9j25/96 APPN FOR NEW AUTO REP GAR, GAS STA, CIG, . ORIG CONT APP`D C.F. 96-1205 Tax Id ................... 4113990 50 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Worker Comp Exp Date..... Telephone .................. 771-6428 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLQSED ° PRTNT OFF ° 1 � �-�-�� s CIGARETTE PRE�IISE CHECKS � � � � •E��„ � 1. � 2. � 3, � 4. `��5. r �,� � �: 7 � ,� 9. � 10. �I1. �12. _� 13. �. INSPECTOR: KRIS SCHVJEINLER TOTAL MAR.T #5667 304 LARPBNTEUR AVE. E. BURRSTREET GROCERY 962 BURR ST. KORMANN'S SL7PERMARI{ET 714 BURR ST. MORELLI'S SPECTALTYMARKET 535 TEDESCO ST. corr�oY°s G��..._. 499 PAYNE AVE. XARUSSO BROTI�RS 637 PAY?�IE AVE. CITGO MARKET 719 PAYNE AVE. REANY'S BAR 810 PAYNE AVE. LOUIE' S BAR 883 PAYNE AVE. ROCKIN' EAST SIDE 893-99 PAYNE AVE. SCHWEITZ'S SALOON 956 PAYNE AVE. PAYNE AVENUE LIQUOR 980 PAYNE AVE. 1NTERNATIONAL CURRENCY EXCHANGE 981 PAYNE AVE. (/� N � OK � �F WEEK: 10/20/96 � �k�.,f�9 h-f- � .�1 �.,�- t�w� _ T08PGCOCAMPLIMICECHECKFOPM � �—�'\�� DATE: I �^�� TiME � � 2 7AX I. 0. NUMBEF� NAMEOFCAMPUANCECHECKER G� S�- NAMEOFOFFlCER �/�.�Q.��P NAME/WDAODflESSOFl10ENSEDYF1dDOR V`_ln i � �t "2 .� Aric.�v��t* �'/�-�r�lan,c� WAS iNETOBPGCO - SEtf SERVE? ps$��p� •� Mp�p�Ey ` SALE WAS MADE: YES `'� N0: gFlqNp; v t v t �„,� � I � V � NAME OF CIERK: �"�"-P F fi I^i ., l�1 c� Io a t� SDC M ✓ F: DESCRIFt10N: CHECKABORTEU YES N0: �� a,00maanL cor�rn�s: 2 2.� , �; ;^-. �-._ . Council File # �� U� `" ' � � • • s� . . , .�, Green Sheet # �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,`a /� �i , � T Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee: Date RESOLVED, that the Licensee, Peter Witt d/b/a Maryland Avenue Uttocal (License ID No. 41461), located at 406 Maryland Avenue East 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 sha11 be paid to the Office of License, Inspections and Environmental Protection witivn thirry (30) days of the adoption of this resolufion by the Council and signature by the Mayor. This resolution and the acrion of the Council in this matter aze based upon the facts contained in the Notice of Violafion letter to the licensee, the compliance report, and such azguments as may have been presented to the Council at the public heazing. The facts were not contested by the licensee. Requested by Department of: Adoption Certified by Council Secretary BY� _ L �._ � Approved by Mayor: Date 'Z�� By: i� �� L �� B�: C;�'-,�.�� -,�,,�c.� Form Approved by City Att� \ � BY � � � l� GC�rnt� by Mayor for Submission to Council By: Adopted by Council : Date �\ .�l�. . � `� q � _`�`—�--«T q� �c�� OWARTNIENTIOFFICHCOUNCfL OAiE INI71A7ED � V U�� Office of LIEP ii2ai9� GREEN SHEE CONTACT PERSON 8 PHONE �NRIAI/DATE INITIAL/DAiE � OEPARTlAENT DIRECTOR O CITY CAUNCiI ChiiStine Roz2k, 266-9108 A��N � CffYATfORNEV � CITYCLEqK MU5T BE ON COUNCIL A6ENDA BY (DAT� p�� FOR O BUDGEf DIRECTO � PIN. & MGT. SERVICES OIfl. Feb 5 1997 Public hearin � DEA Q MAVOR (OR ASS15fM1T) � TOTAL # OF SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNATURE) ACTION REQUESTED: Concerning adverse action against licenses held by Peter Witt, DBA Maryland Avenue Unocal, located at 406 Maryland Avenue East. (Uncontested) FiECAMMENDn710NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTqACTS MUST ANSWER THE FOLLOWING pUESTIONS: _ PLANNING CAMMISSION _ CIVIL SEflVICE COMMISSION 1. Has [his person/firm ever worked under a contrect for this department? _ CIB COMMITTEE _ YES NO _� 2. Has this person/firm ever been a city employee? — YES NO __ DIS7qICTCWRi _ 3. Doesthis r50nfliml '� pe possess a skill noi normally possessed by any current city employee. SUPPOqTS WHICH COUNGL OBJECTIVE? YES NO Explain all yes answers on aeperate sheet antl attaeh to gYeen sheet INffIATING PROBLEM, ISSUE, OPPmR7UNITY (Who. Whet, Wlien, Where. WPy): ADVANTAGES IF APPFiOVEO; DISADVANTAGES IFAPPROVED. � o...�.r...,_.i .0 Zu�R JHI'V � f� i�:�� ,.-- . _� .,.. ._..�_ ��_:�-,� DISADVANTAGES IF NOTAPPROVED: �� 0� T5�7 A, � s �� " t:'" Ei��iorx' Si, F.; ar TOTAL AMOUNT OF THANSACTION $ COST/REVENUE BUDGETED (CIHCLE ONE) YES NO FUNDI(aG S�URCE ACTIYITY NUMBER FINANCIAL INFORFnATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY r,morr E Nra�. c;ya�ro.n� C�—I—�U� CITY OF SA1NT PAUI, Civi! Divisiors 1 Norm Co(eman, Mayar 400 Ciry Hall Telephone: 672 266-871 D 15 Wesi Ke!logg Blvd. Facsimife: 612 298-56I9 SaintP¢u{ ATinnesot¢ Si102 : Januaxy 14, 1997 M �� S�`�?��#( �v�a:d:<3 ��a`� NOTICE OF CQIINCIL HEARING Peter F. Witt j��jS q'; ":�. , Owner Maryland Avenue Unocal 406 Maryland Avenue East Saint Paul, Minnesota 55101 RE Dear Mr Avenue East in St. Paul License ID No. 41461 Our File Number: G96-0643 Cigarette license held by Peter Witt Avenue Unocal for the premises located Witt: d/b/a Maryland at 406 Maryland 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 unlaw£ul sale of cigarettes have been admitted. You will have an opportunity at the Council hearing to present oral andJor 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 ca11 me at 266-8710. Very truly yours, ��,u�G�J �J�c.fn.�c^ Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Pau1, MN 55101 �� os UNCONTESTED LICENSE HEARING Licensee Name: Peter Witt d/b/a Maryland Avenue Unocal Address: 406 Marytand Avenue East Council Hearing Date: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paui Legislative Code § 324.07 Date: November 12, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on befiatf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. letter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary �� v� Maryland Avenue Unocal 406 Maryl anc3 Ave East St_ Paul, MN 55101 612 — 771 — 4880 12-18-1996 ;,-�. ,,.,,. �� S - - � - _, �.'=..---- - Virginia Palmer Assistant City Attorney City of St. Paul 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 Dear Ms. Palmer Regarding the notice oY violation recieved Yrom your office on 12-I6-1996, it appears that one of my employees violated Mn. Statute #609.685. I have since implemented precautions to prevent and insure minors are not sald to in the fuYure. These include more empioyee training and additional counter signage requesting I.D to be presented for purchace. We will continue to remind and enforce this issuie with all employees, and will gratefully accept any other recomendations provided by the City oY St Paul. R�p ctYully, � �=�� e� Pater F. Witt OFFICF '`F THE CITY ATTORNEY Ti,xorhy c .arr. CiryAmomey Q� �v� CITY OF SAINT PAUL Civil Divitron h'orm Cokman, Mayor 400 Ciry Ha1[ Telephone: 6l2166-8710 IS West Kellogg Blvd Faa�tile: 612198-5619 Saint PmeZ �Lfmn¢som 55701 December 12, 1996 NOTICE OR VIOLATION Mr. Peter Witt Maryland Avenue Unocal 406 Maryland Avenue East Saint Paul, Minnesota 55101 RE: Cigarette license held by Peter Witt d/b/a Maryland Avenue Unocal for the premises located at 406 Maryland Avenue EasC in St. Paul License ID No.: 41461 Dear Mr. Witt: 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 November 12, 1995, you or another employee sold cigarettes to a minor vnder the age of 18 years in the licensed premises. This is an offease under Minn. Stat. �609.685 aad 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. He can be reached at 266-8710_ Page 1 c �v� If you have any questions, you may contact me at 266-8710. Sincerely, C �� 4 f, C� �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Sue Vannelli, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 Page 2 �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT-OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 13, 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: Mr. Peter Witt Maryland Avenue Unocal 406 Maryland Avenue East St. Paul, MN. 55101 (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 before me this 13th day of December, 1996. ,.��C-!✓ ��i - /�J��t�� Notary Public � RITA M. BOSSARD ZZ ��NOiARYPL?UC—tA1P;�vcSOTA � F Rar,ns�Y cour�rr My Comm. ExPires.1�.31. 2000 • ■ �� o� Lic ID ................... 41461 STAT ..................... AC Business Name........._.. WITT, PETER Address .................. 406 MARYLAND AVE E Zip ...................... 55101 Doing Business As........ MARYLAND A�IENUE UNOCAL License Name ............. AUTO REPAIR GARAGE . GAS STATION . ORIGINAL CONTAINER . CIGARETTE Exp Date ................. 08/O1/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ OWNER . 9j5j96 PT3BLIC HEARING NOTICE MAILED, HEARING SET F . OR 9/25/96 27 MASLED, 2 INTBROFFICE, 47 EMAILED . 9j25/96 APPN FOR NEW AUTO REP GAR, GAS STA, CIG, . ORIG CONT APP`D C.F. 96-1205 Tax Id ................... 4113990 50 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Worker Comp Exp Date..... Telephone .................. 771-6428 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLQSED ° PRTNT OFF ° 1 � �-�-�� s CIGARETTE PRE�IISE CHECKS � � � � •E��„ � 1. � 2. � 3, � 4. `��5. r �,� � �: 7 � ,� 9. � 10. �I1. �12. _� 13. �. INSPECTOR: KRIS SCHVJEINLER TOTAL MAR.T #5667 304 LARPBNTEUR AVE. E. BURRSTREET GROCERY 962 BURR ST. KORMANN'S SL7PERMARI{ET 714 BURR ST. MORELLI'S SPECTALTYMARKET 535 TEDESCO ST. corr�oY°s G��..._. 499 PAYNE AVE. XARUSSO BROTI�RS 637 PAY?�IE AVE. CITGO MARKET 719 PAYNE AVE. REANY'S BAR 810 PAYNE AVE. LOUIE' S BAR 883 PAYNE AVE. ROCKIN' EAST SIDE 893-99 PAYNE AVE. SCHWEITZ'S SALOON 956 PAYNE AVE. PAYNE AVENUE LIQUOR 980 PAYNE AVE. 1NTERNATIONAL CURRENCY EXCHANGE 981 PAYNE AVE. (/� N � OK � �F WEEK: 10/20/96 � �k�.,f�9 h-f- � .�1 �.,�- t�w� _ T08PGCOCAMPLIMICECHECKFOPM � �—�'\�� DATE: I �^�� TiME � � 2 7AX I. 0. NUMBEF� NAMEOFCAMPUANCECHECKER G� S�- NAMEOFOFFlCER �/�.�Q.��P NAME/WDAODflESSOFl10ENSEDYF1dDOR V`_ln i � �t "2 .� Aric.�v��t* �'/�-�r�lan,c� WAS iNETOBPGCO - SEtf SERVE? ps$��p� •� Mp�p�Ey ` SALE WAS MADE: YES `'� N0: gFlqNp; v t v t �„,� � I � V � NAME OF CIERK: �"�"-P F fi I^i ., l�1 c� Io a t� SDC M ✓ F: DESCRIFt10N: CHECKABORTEU YES N0: �� a,00maanL cor�rn�s: 2 2.� ,