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97-108.�. s f r'^. F +^ :t Council File # � � Green Sheet # �U J�� MINNESOTA Presented By Referred To Committee: Date 7� RESOLVED, that the Licensee, Thai Vang d/b/a Neighbor's Grocery Store (License ID No. 12627), located at 469 Anita 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 Protecfion 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 azguments as may haue been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: BY c ��--.6— �- � n�-1 Approved by Mayor: Date '2�/1-1Z�-- Bg -'�� /� By: ��-�.l,p,(Lit?.i TT ��Sl" Form Approved by City Attorney / BY � �//�0�� t Q.�i�x q4 � Approved by Mayor for Submission to Council By: Adopted by Council: Date � ��. S�q� T Adoption Certified by Council Secretary �� c�� n�� DEPAflT/.ENTqFFlCFICOUNCIL DATE INITIATED � v v V v Office of LIEP ��z2�9� GREEN SHEE CONTACT PERSON & PHONE �NRIAVDATE INITIAIAATE �OEPAflTMENTD�qE �CfTYCOUNCIL Christin0 Rozek, 266-9108 ASSIGN O CfTYATTORNEY O CffYCLERK MUSTBE ON CAUNCILAGEN�A BY (�AT� pOUTNG O BUDGET DIRECTOR � FIN. & MGT. SEflVICES DIFi. Feb 5 1997 Public hearin oROEp ��,voa �oR nssisruar� � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUESTED: Concerning adverse acrion against licenses held by Thai Vang, Inc., DBA Neighbor's Grocery Store, located at 469 Anita Street. (Uncontested) RECOMMENDATIONS: Approva (A) or Raject (Fi) pERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ qVIL SERVICE GOMMISSION �� Hes thi5 pBr50MiRn eVef WOfked undef a ContfdC[ fof thiS tlBp2rtm20t? _ CIB COMMITTEE _ YES NO _ S7AFF , 2. Has this person/firm ever been a city employee? YES NO _ ��SiRICi CAUR7 _ 3. O�es this personlfirm possess a skiA rwt twrmall y possessed by any curreM city ampbyea? SUPPoRTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNI7V (Who, What. When, Whare, Why)� ADVANTAGESIFAPPROVED: DISADVANTACaE51FAPPROVED: gg { �y�, �� JAN 2 3 �997 ��w ;:;"s �.� ��m .: : , ... ,�� ,�� ..e,� � :� � .� DISADVANTAGES IF NOTAPPROVED: ��9�� E� oY i��t �,��y�s� s ��Ff�� TOTAL AMOUNT OF TRANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdG SOUflCE ACTIVITY NUMBER FINANCIAL INFORNIATION' (EXPLAIN) OFFICE OF 7'EIE CITY ATTORNEY Timothy & Mms, Ciry Attorney �� CI'TY OF SAINT PAiJL Civil Division Norm Caleman, Mayor 400 Ciry Ha[I Tetephone: 611266-8710 IS West KeRogg Blvd Facsimile: 672 298-5619 Samt Pau� Mmnesom 55102 �� January 14, 1997 �� ` �`�"'"��='= }_"�'.��^� .�,,,� ' NOTICPs OF COUNCIL HEARING �;z:: ; � :v,. Thai Vang Owner Neighbor's Grocery Store 469 Anita Street Saint Paul, Minnesota 55107 RE: Cigarette license held by Thai Vang d/b/a Neighbor's Grocery Store for the premises located at 469 Anita St. in St. Paul License ID No. 12627 Our File Number: G96-0662 Dear Thai Vang: 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 been admitted to. 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, �/ j✓� � '� /� ��-v�r� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, MN 55107 c�� \U� UNCONTESTED LICENSE HEARING Licensee Name: Thai Vang d/b/a Neighbor's Grocery Store Address: 469 Anita Street Council Hearing �ate: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 14, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City, Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resofution 2. letter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Comptiance Report 6. City Attorney License Adverse Action Summary �� December 18th, 1996 �:.:m� t�.� v.E�E�'im� �7EC 2 � Iggf Virginia D. Paimer Assistant City Attomey Office of the City Attomey y_ _'� R: �E � � -3 . 5 q G - L''� � t �tFiaE.�� 400 City Hall 15 W Ke{ogg B{vd St. Paul, MN 55102 Dear Mrs. Patmer: This letter is regarding to the incident violation on December 14, 1996, that one of my employee had sold a pack of cigarette to a minor under the age of 18 years oid. When i got to the Store, My employee had told me what had happen?. 1 asked her what happen?., and she told me that she was on the phone when the customer comes in and asked for a pack of cigarette. She did visualize the customer but did not asked for ID. The customer is tall and wear hood and it did appear to her that the customer is over the age of 18 year old. I have held the cigarettes license for the past five years. I have never had any probiems. I totd my employee time to time that make sure they asked for ID. At the time they are been hired, I have went through all the procedures and make sure that they do understant these procedures. I will make sure that this incident will never be happen again in the future. If you have any question, you may contact me at 222-4258. Again, I would like to thank you for take this to your consideration. Thank you Sincerely, � � Thai Vang Owner of Neighbor's Grocery Store OFFICF �F Tf� CITY ATTORNEY Tunothy. .ar; CiryAUOrney �� 6 CITY OF SAINT PAUL Norm Coleman, Mayor December 17, 1996 Civi! Division aoo c;y xau IS West Kellogg Blvd Saint PmIL M"vmesom SS102 Telephone: 612 266-8770 Facsimik: 6I1 298-5619 NOTICE OF VIOLATION Owner/Manager Neighbor's Grocery Store 469 Anita Street Saint Paul, Minnesota 55107 RE: Cigarette license held Store for the premises License ID No.:12627 Dear Sir/Madam: by Thai Vang d/b/a Neighbor's Grocery located at 469 Anita St. in St. Paul 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 under the age o£ 18 years in the licensed premises. This is an offense under Minn. Stat. 5609.685 and Saint Paul Legislative Code §324.07. If you do not disput= the above facts, and send me a letter to that ef£ect 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 nroper penalty, if any, to be imposed. If you do dispute the above �acts, 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 1=ga1 assistant, Peter Pangborn, wit�in 5 days, and we will take the necessary s�eps to set up that ALJ 'r.earing. He can be reached at 266-8710. Page 1 G`t �o� If you have any questions, you may contact me at 266-8710. Sincerely, (i��`r �C (ti� �J -J �ct.l � � Virginia D. Palmer Assistant City AGtorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, Organization, 625 Stryker Ave., St �. West Side Citizens Paul, MN 55107 Page 2 �� o� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL 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 Neighbor's Grocery Store 469 Anita Street St. Paul, MN. 55107 (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 18th day of December, 1996. �!�r�r�-�' � �� ' �( Notary Public . . � RiTA RA. BGES' -D NOiFRYFt2UC-1::'.'�_LOTA � RANiScY CGU+ti � Y My Comm. ExG:res Jan. 37. 2�00 t • �� ,og Lic ID-•••••••-.......... 12627 STAT..........•-•........ AC Business Name............ VANG, THAI Address .................. 469 ANITA ST Zip ...................... 55107 Doing Business As........ NEIGHBOR'S GROCERY STORE License Name ............. OFF SALE MALT . GROCERY (C) . CIGARETTE E�:p Date ................. 03/31/97 Insurance Carrier........ • Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ PH NOTICES SENT OUT 6/26/96 HEARING SET FOR 7/24/ . 96 38 MAILED, 47 EMAILED, 3 INTEROFFICE . 7/24/96 APPN FOR OFF SALE MALT APP'D C.F. #96-836 Tax Id ................... 1967777 Worker Comp Exp Date..... Telephone ................ 292-8823 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � —�.,+ � J` � � �� s c�.��.s. € c� ��i CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM DEC 17 I°� �3 �..� --��E�� F�` ��t ��e�� .. � DATE: TO: FROM: RE: Dece;nber 16, 1996 Roberc Kessler Rich Jents /��, / Cigarette Compliance Checks On December 14, 1955 between the hours of 9:00 a.m. and 12:?5 p.m., a 16 old male decoy and I conducted cigarette compliance checks. The foilowing businesses sold cigarettes: I D. 12627 19391 61767 i'o741 NAME Neighbor's Grocery Store Smith Avenue F-Z Stop Marshall Cretin St�r.dard Korr_er Store . - Address 4E9 Anita 778 Sovth Smith 2178 Marshall 53 So. Clevelaad I ma3e a total of 18 comoliance checks�and I spent a9.R5 for cigarettes. RJ/lb cc: Gary Pschmann Ginges Palmer Peter Pangborn DATE: � / 7��; �o NAME OF COM CE CNECI�Fl TOBACCO COMPl1ANCE CHECK FORM p� TAl( I. D. NUMBER NAMEANDADDRESS OF UCENSED VFNDOR WAS THETOBPCCO - SELF SERVE� SALE WAS MADE YES _� NAME OF CLERK: . T._ „ DESCRIPiION: CHECKABORTED: YES �I�E �-� �0�5 � /a1,na � NAMEOFOFfICER /'L ( L-.s � � ASSISTEpg !/ MACHWE? , BRAND: _I"/ GiiL�l�v . SIX: M F: ✓ N0: ADDITIONAL CONMENTS: .�. s f r'^. F +^ :t Council File # � � Green Sheet # �U J�� MINNESOTA Presented By Referred To Committee: Date 7� RESOLVED, that the Licensee, Thai Vang d/b/a Neighbor's Grocery Store (License ID No. 12627), located at 469 Anita 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 Protecfion 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 azguments as may haue been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: BY c ��--.6— �- � n�-1 Approved by Mayor: Date '2�/1-1Z�-- Bg -'�� /� By: ��-�.l,p,(Lit?.i TT ��Sl" Form Approved by City Attorney / BY � �//�0�� t Q.�i�x q4 � Approved by Mayor for Submission to Council By: Adopted by Council: Date � ��. S�q� T Adoption Certified by Council Secretary �� c�� n�� DEPAflT/.ENTqFFlCFICOUNCIL DATE INITIATED � v v V v Office of LIEP ��z2�9� GREEN SHEE CONTACT PERSON & PHONE �NRIAVDATE INITIAIAATE �OEPAflTMENTD�qE �CfTYCOUNCIL Christin0 Rozek, 266-9108 ASSIGN O CfTYATTORNEY O CffYCLERK MUSTBE ON CAUNCILAGEN�A BY (�AT� pOUTNG O BUDGET DIRECTOR � FIN. & MGT. SEflVICES DIFi. Feb 5 1997 Public hearin oROEp ��,voa �oR nssisruar� � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUESTED: Concerning adverse acrion against licenses held by Thai Vang, Inc., DBA Neighbor's Grocery Store, located at 469 Anita Street. (Uncontested) RECOMMENDATIONS: Approva (A) or Raject (Fi) pERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ qVIL SERVICE GOMMISSION �� Hes thi5 pBr50MiRn eVef WOfked undef a ContfdC[ fof thiS tlBp2rtm20t? _ CIB COMMITTEE _ YES NO _ S7AFF , 2. Has this person/firm ever been a city employee? YES NO _ ��SiRICi CAUR7 _ 3. O�es this personlfirm possess a skiA rwt twrmall y possessed by any curreM city ampbyea? SUPPoRTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNI7V (Who, What. When, Whare, Why)� ADVANTAGESIFAPPROVED: DISADVANTACaE51FAPPROVED: gg { �y�, �� JAN 2 3 �997 ��w ;:;"s �.� ��m .: : , ... ,�� ,�� ..e,� � :� � .� DISADVANTAGES IF NOTAPPROVED: ��9�� E� oY i��t �,��y�s� s ��Ff�� TOTAL AMOUNT OF TRANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdG SOUflCE ACTIVITY NUMBER FINANCIAL INFORNIATION' (EXPLAIN) OFFICE OF 7'EIE CITY ATTORNEY Timothy & Mms, Ciry Attorney �� CI'TY OF SAINT PAiJL Civil Division Norm Caleman, Mayor 400 Ciry Ha[I Tetephone: 611266-8710 IS West KeRogg Blvd Facsimile: 672 298-5619 Samt Pau� Mmnesom 55102 �� January 14, 1997 �� ` �`�"'"��='= }_"�'.��^� .�,,,� ' NOTICPs OF COUNCIL HEARING �;z:: ; � :v,. Thai Vang Owner Neighbor's Grocery Store 469 Anita Street Saint Paul, Minnesota 55107 RE: Cigarette license held by Thai Vang d/b/a Neighbor's Grocery Store for the premises located at 469 Anita St. in St. Paul License ID No. 12627 Our File Number: G96-0662 Dear Thai Vang: 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 been admitted to. 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, �/ j✓� � '� /� ��-v�r� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, MN 55107 c�� \U� UNCONTESTED LICENSE HEARING Licensee Name: Thai Vang d/b/a Neighbor's Grocery Store Address: 469 Anita Street Council Hearing �ate: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 14, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City, Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resofution 2. letter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Comptiance Report 6. City Attorney License Adverse Action Summary �� December 18th, 1996 �:.:m� t�.� v.E�E�'im� �7EC 2 � Iggf Virginia D. Paimer Assistant City Attomey Office of the City Attomey y_ _'� R: �E � � -3 . 5 q G - L''� � t �tFiaE.�� 400 City Hall 15 W Ke{ogg B{vd St. Paul, MN 55102 Dear Mrs. Patmer: This letter is regarding to the incident violation on December 14, 1996, that one of my employee had sold a pack of cigarette to a minor under the age of 18 years oid. When i got to the Store, My employee had told me what had happen?. 1 asked her what happen?., and she told me that she was on the phone when the customer comes in and asked for a pack of cigarette. She did visualize the customer but did not asked for ID. The customer is tall and wear hood and it did appear to her that the customer is over the age of 18 year old. I have held the cigarettes license for the past five years. I have never had any probiems. I totd my employee time to time that make sure they asked for ID. At the time they are been hired, I have went through all the procedures and make sure that they do understant these procedures. I will make sure that this incident will never be happen again in the future. If you have any question, you may contact me at 222-4258. Again, I would like to thank you for take this to your consideration. Thank you Sincerely, � � Thai Vang Owner of Neighbor's Grocery Store OFFICF �F Tf� CITY ATTORNEY Tunothy. .ar; CiryAUOrney �� 6 CITY OF SAINT PAUL Norm Coleman, Mayor December 17, 1996 Civi! Division aoo c;y xau IS West Kellogg Blvd Saint PmIL M"vmesom SS102 Telephone: 612 266-8770 Facsimik: 6I1 298-5619 NOTICE OF VIOLATION Owner/Manager Neighbor's Grocery Store 469 Anita Street Saint Paul, Minnesota 55107 RE: Cigarette license held Store for the premises License ID No.:12627 Dear Sir/Madam: by Thai Vang d/b/a Neighbor's Grocery located at 469 Anita St. in St. Paul 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 under the age o£ 18 years in the licensed premises. This is an offense under Minn. Stat. 5609.685 and Saint Paul Legislative Code §324.07. If you do not disput= the above facts, and send me a letter to that ef£ect 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 nroper penalty, if any, to be imposed. If you do dispute the above �acts, 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 1=ga1 assistant, Peter Pangborn, wit�in 5 days, and we will take the necessary s�eps to set up that ALJ 'r.earing. He can be reached at 266-8710. Page 1 G`t �o� If you have any questions, you may contact me at 266-8710. Sincerely, (i��`r �C (ti� �J -J �ct.l � � Virginia D. Palmer Assistant City AGtorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, Organization, 625 Stryker Ave., St �. West Side Citizens Paul, MN 55107 Page 2 �� o� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL 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 Neighbor's Grocery Store 469 Anita Street St. Paul, MN. 55107 (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 18th day of December, 1996. �!�r�r�-�' � �� ' �( Notary Public . . � RiTA RA. BGES' -D NOiFRYFt2UC-1::'.'�_LOTA � RANiScY CGU+ti � Y My Comm. ExG:res Jan. 37. 2�00 t • �� ,og Lic ID-•••••••-.......... 12627 STAT..........•-•........ AC Business Name............ VANG, THAI Address .................. 469 ANITA ST Zip ...................... 55107 Doing Business As........ NEIGHBOR'S GROCERY STORE License Name ............. OFF SALE MALT . GROCERY (C) . CIGARETTE E�:p Date ................. 03/31/97 Insurance Carrier........ • Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ PH NOTICES SENT OUT 6/26/96 HEARING SET FOR 7/24/ . 96 38 MAILED, 47 EMAILED, 3 INTEROFFICE . 7/24/96 APPN FOR OFF SALE MALT APP'D C.F. #96-836 Tax Id ................... 1967777 Worker Comp Exp Date..... Telephone ................ 292-8823 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � —�.,+ � J` � � �� s c�.��.s. € c� ��i CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM DEC 17 I°� �3 �..� --��E�� F�` ��t ��e�� .. � DATE: TO: FROM: RE: Dece;nber 16, 1996 Roberc Kessler Rich Jents /��, / Cigarette Compliance Checks On December 14, 1955 between the hours of 9:00 a.m. and 12:?5 p.m., a 16 old male decoy and I conducted cigarette compliance checks. The foilowing businesses sold cigarettes: I D. 12627 19391 61767 i'o741 NAME Neighbor's Grocery Store Smith Avenue F-Z Stop Marshall Cretin St�r.dard Korr_er Store . - Address 4E9 Anita 778 Sovth Smith 2178 Marshall 53 So. Clevelaad I ma3e a total of 18 comoliance checks�and I spent a9.R5 for cigarettes. RJ/lb cc: Gary Pschmann Ginges Palmer Peter Pangborn DATE: � / 7��; �o NAME OF COM CE CNECI�Fl TOBACCO COMPl1ANCE CHECK FORM p� TAl( I. D. NUMBER NAMEANDADDRESS OF UCENSED VFNDOR WAS THETOBPCCO - SELF SERVE� SALE WAS MADE YES _� NAME OF CLERK: . T._ „ DESCRIPiION: CHECKABORTED: YES �I�E �-� �0�5 � /a1,na � NAMEOFOFfICER /'L ( L-.s � � ASSISTEpg !/ MACHWE? , BRAND: _I"/ GiiL�l�v . SIX: M F: ✓ N0: ADDITIONAL CONMENTS: .�. s f r'^. F +^ :t Council File # � � Green Sheet # �U J�� MINNESOTA Presented By Referred To Committee: Date 7� RESOLVED, that the Licensee, Thai Vang d/b/a Neighbor's Grocery Store (License ID No. 12627), located at 469 Anita 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 Protecfion 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 azguments as may haue been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: BY c ��--.6— �- � n�-1 Approved by Mayor: Date '2�/1-1Z�-- Bg -'�� /� By: ��-�.l,p,(Lit?.i TT ��Sl" Form Approved by City Attorney / BY � �//�0�� t Q.�i�x q4 � Approved by Mayor for Submission to Council By: Adopted by Council: Date � ��. S�q� T Adoption Certified by Council Secretary �� c�� n�� DEPAflT/.ENTqFFlCFICOUNCIL DATE INITIATED � v v V v Office of LIEP ��z2�9� GREEN SHEE CONTACT PERSON & PHONE �NRIAVDATE INITIAIAATE �OEPAflTMENTD�qE �CfTYCOUNCIL Christin0 Rozek, 266-9108 ASSIGN O CfTYATTORNEY O CffYCLERK MUSTBE ON CAUNCILAGEN�A BY (�AT� pOUTNG O BUDGET DIRECTOR � FIN. & MGT. SEflVICES DIFi. Feb 5 1997 Public hearin oROEp ��,voa �oR nssisruar� � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUESTED: Concerning adverse acrion against licenses held by Thai Vang, Inc., DBA Neighbor's Grocery Store, located at 469 Anita Street. (Uncontested) RECOMMENDATIONS: Approva (A) or Raject (Fi) pERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ qVIL SERVICE GOMMISSION �� Hes thi5 pBr50MiRn eVef WOfked undef a ContfdC[ fof thiS tlBp2rtm20t? _ CIB COMMITTEE _ YES NO _ S7AFF , 2. Has this person/firm ever been a city employee? YES NO _ ��SiRICi CAUR7 _ 3. O�es this personlfirm possess a skiA rwt twrmall y possessed by any curreM city ampbyea? SUPPoRTS WHICH COUNCIL O&IECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNI7V (Who, What. When, Whare, Why)� ADVANTAGESIFAPPROVED: DISADVANTACaE51FAPPROVED: gg { �y�, �� JAN 2 3 �997 ��w ;:;"s �.� ��m .: : , ... ,�� ,�� ..e,� � :� � .� DISADVANTAGES IF NOTAPPROVED: ��9�� E� oY i��t �,��y�s� s ��Ff�� TOTAL AMOUNT OF TRANSACTION $ COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdG SOUflCE ACTIVITY NUMBER FINANCIAL INFORNIATION' (EXPLAIN) OFFICE OF 7'EIE CITY ATTORNEY Timothy & Mms, Ciry Attorney �� CI'TY OF SAINT PAiJL Civil Division Norm Caleman, Mayor 400 Ciry Ha[I Tetephone: 611266-8710 IS West KeRogg Blvd Facsimile: 672 298-5619 Samt Pau� Mmnesom 55102 �� January 14, 1997 �� ` �`�"'"��='= }_"�'.��^� .�,,,� ' NOTICPs OF COUNCIL HEARING �;z:: ; � :v,. Thai Vang Owner Neighbor's Grocery Store 469 Anita Street Saint Paul, Minnesota 55107 RE: Cigarette license held by Thai Vang d/b/a Neighbor's Grocery Store for the premises located at 469 Anita St. in St. Paul License ID No. 12627 Our File Number: G96-0662 Dear Thai Vang: 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 been admitted to. 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, �/ j✓� � '� /� ��-v�r� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, MN 55107 c�� \U� UNCONTESTED LICENSE HEARING Licensee Name: Thai Vang d/b/a Neighbor's Grocery Store Address: 469 Anita Street Council Hearing �ate: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 14, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City, Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resofution 2. letter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Comptiance Report 6. City Attorney License Adverse Action Summary �� December 18th, 1996 �:.:m� t�.� v.E�E�'im� �7EC 2 � Iggf Virginia D. Paimer Assistant City Attomey Office of the City Attomey y_ _'� R: �E � � -3 . 5 q G - L''� � t �tFiaE.�� 400 City Hall 15 W Ke{ogg B{vd St. Paul, MN 55102 Dear Mrs. Patmer: This letter is regarding to the incident violation on December 14, 1996, that one of my employee had sold a pack of cigarette to a minor under the age of 18 years oid. When i got to the Store, My employee had told me what had happen?. 1 asked her what happen?., and she told me that she was on the phone when the customer comes in and asked for a pack of cigarette. She did visualize the customer but did not asked for ID. The customer is tall and wear hood and it did appear to her that the customer is over the age of 18 year old. I have held the cigarettes license for the past five years. I have never had any probiems. I totd my employee time to time that make sure they asked for ID. At the time they are been hired, I have went through all the procedures and make sure that they do understant these procedures. I will make sure that this incident will never be happen again in the future. If you have any question, you may contact me at 222-4258. Again, I would like to thank you for take this to your consideration. Thank you Sincerely, � � Thai Vang Owner of Neighbor's Grocery Store OFFICF �F Tf� CITY ATTORNEY Tunothy. .ar; CiryAUOrney �� 6 CITY OF SAINT PAUL Norm Coleman, Mayor December 17, 1996 Civi! Division aoo c;y xau IS West Kellogg Blvd Saint PmIL M"vmesom SS102 Telephone: 612 266-8770 Facsimik: 6I1 298-5619 NOTICE OF VIOLATION Owner/Manager Neighbor's Grocery Store 469 Anita Street Saint Paul, Minnesota 55107 RE: Cigarette license held Store for the premises License ID No.:12627 Dear Sir/Madam: by Thai Vang d/b/a Neighbor's Grocery located at 469 Anita St. in St. Paul 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 under the age o£ 18 years in the licensed premises. This is an offense under Minn. Stat. 5609.685 and Saint Paul Legislative Code §324.07. If you do not disput= the above facts, and send me a letter to that ef£ect 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 nroper penalty, if any, to be imposed. If you do dispute the above �acts, 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 1=ga1 assistant, Peter Pangborn, wit�in 5 days, and we will take the necessary s�eps to set up that ALJ 'r.earing. He can be reached at 266-8710. Page 1 G`t �o� If you have any questions, you may contact me at 266-8710. Sincerely, (i��`r �C (ti� �J -J �ct.l � � Virginia D. Palmer Assistant City AGtorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, Organization, 625 Stryker Ave., St �. West Side Citizens Paul, MN 55107 Page 2 �� o� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL 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 Neighbor's Grocery Store 469 Anita Street St. Paul, MN. 55107 (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 18th day of December, 1996. �!�r�r�-�' � �� ' �( Notary Public . . � RiTA RA. BGES' -D NOiFRYFt2UC-1::'.'�_LOTA � RANiScY CGU+ti � Y My Comm. ExG:res Jan. 37. 2�00 t • �� ,og Lic ID-•••••••-.......... 12627 STAT..........•-•........ AC Business Name............ VANG, THAI Address .................. 469 ANITA ST Zip ...................... 55107 Doing Business As........ NEIGHBOR'S GROCERY STORE License Name ............. OFF SALE MALT . GROCERY (C) . CIGARETTE E�:p Date ................. 03/31/97 Insurance Carrier........ • Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ PH NOTICES SENT OUT 6/26/96 HEARING SET FOR 7/24/ . 96 38 MAILED, 47 EMAILED, 3 INTEROFFICE . 7/24/96 APPN FOR OFF SALE MALT APP'D C.F. #96-836 Tax Id ................... 1967777 Worker Comp Exp Date..... Telephone ................ 292-8823 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � —�.,+ � J` � � �� s c�.��.s. € c� ��i CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM DEC 17 I°� �3 �..� --��E�� F�` ��t ��e�� .. � DATE: TO: FROM: RE: Dece;nber 16, 1996 Roberc Kessler Rich Jents /��, / Cigarette Compliance Checks On December 14, 1955 between the hours of 9:00 a.m. and 12:?5 p.m., a 16 old male decoy and I conducted cigarette compliance checks. The foilowing businesses sold cigarettes: I D. 12627 19391 61767 i'o741 NAME Neighbor's Grocery Store Smith Avenue F-Z Stop Marshall Cretin St�r.dard Korr_er Store . - Address 4E9 Anita 778 Sovth Smith 2178 Marshall 53 So. Clevelaad I ma3e a total of 18 comoliance checks�and I spent a9.R5 for cigarettes. RJ/lb cc: Gary Pschmann Ginges Palmer Peter Pangborn DATE: � / 7��; �o NAME OF COM CE CNECI�Fl TOBACCO COMPl1ANCE CHECK FORM p� TAl( I. D. NUMBER NAMEANDADDRESS OF UCENSED VFNDOR WAS THETOBPCCO - SELF SERVE� SALE WAS MADE YES _� NAME OF CLERK: . T._ „ DESCRIPiION: CHECKABORTED: YES �I�E �-� �0�5 � /a1,na � NAMEOFOFfICER /'L ( L-.s � � ASSISTEpg !/ MACHWE? , BRAND: _I"/ GiiL�l�v . SIX: M F: ✓ N0: ADDITIONAL CONMENTS: