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97-110Presented By Referred To Council File # ���v Green Sheet # ����� RES�LUTION 41NT PAUL, MINNESOTA / ` T Committee: Date RESOLVED, that the Licensee, Patricia Karels d/bla Pat's Smoke Shop (License ID No. 17298), located at 55 Sth Street East Lobby 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 miuor. Said fine shall be paid to the Office of License, Inspections and Envaronmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the acrion 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 haue 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: `�, a � .� _ Approved by Mayor: Date �2 fJ Z��j r a By: ✓I/ /Y� B �.���,�.�- �4�� Form Approved by City Attomey $Y= �n Approved by Mayor for Submission to Council By: Adopted by Council: Date � _ \� �� � ����� OEPAHTMEMNFFICF/COUNqL DATE INRIATEE� r v v r v Office of LIEP �/2z�9� GREEN SHEE CONTACf PEflSQN 8 PHONE INRIAL/DATE INRIALTAiE � DEPARlMENS DIAECiOR O CfTY COUNCIL ChiistiIIe ROZek, 266-9108 Assur� CfiYATTOflNEY cmac-ax MUST BE ON COUNCII AGENOA BY (DqT� NUYBEfl P08 � � pp�� O BUOGET DIqECSOR � Pkl. & MGT. SERVICES DIR. Feb 5 1997 Public heatin ° " 0 �" O�Y�R (OR ASSf5TANT) � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Concerning adverse acrion against licenses held by Patricia KareLs, DBA PaYs Smoke Shop, located at 55 Fifth Stteet Fast, Lobby. (Uncontested) aECAMMENDA7iON5: npp�qJe (A) or Reject (R) PERSONAL SERYICE CUNTHACTS MUST ANSWER TNE F�LL�WING QUESTI�NS: _ PLANNMG COMMIS$lQN _ CIY�L SERVICE OOMMISSIpN �� Has this person/Firtn ever worketl untler a wntract for this department? _GIBCOMMITfEE _ YES NO _�� 2. Has Mts person�rm ever been a ciry emplqree? — YES NO _ oiss�vC7COURt _ 3. Does this ersoNFirm p possess a skill not normalty possessed by any current city employeel SUPPOflTSWNICHCOUNCILOBJECTIVE? YES NO Expinin alf yes answers on separete sfieet smf attach to graen sheet INITIATING PROBLEM, ISSUE� OPP�RTUNITY (Who, What. WMen,'hTCre. Why): AOVANTAGESIFAPPROVEO: � DISADVANTAGESIFAPPROVED: � ��� ��pi��'�.�6 C�'P , �•f � n_R Z..��.ref,�' � ,��N � � �991 �<.:'�< � �� ::��: - - � _ _�..�� DISADVANTAGES IF NOTAPPROVED: 55G'v�1�Y6f FEB O7 1597 °��,���'�'. � :3s�°�u� TOTAL AMOUN7 OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfiG SOUpCE ACiIVI7V NUMBER FINANCIAL INFORInAT10N: (EXPIAIN) OFFICE OF TI� CITY ATTORNEY Trmothy& Marx, CityAttorney �,�-..` � \J CTTY OF SAINT PAUL Norm Caleman, Mayor Januazy 15, 1997 Civil Drvision 400 City HaU I S West Ke[logg Blvd Sa"net Paui, M'mnesou+ 55102 NOTICS OF COIINCIL HEARING Patricia Karels Pat's Smoke Shop 55 Sth Street East, Lobby Saint Paul, Minnesota 55101 J;aij,� i � l;�?� RE: Cigarette license held by Patricia Karels d/bja Pat`s Smoke Shop for the premises located at 55 Sth Street East, Lobby in St. Paul License ID No. 17298 Our File Number: G96-0659 Dear Ms. Karels: 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 Faul 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 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 call me at 266-8710. Very truly yours, � L� ��7�'c-fil'� � ��<-F��-N�,� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MI3 55101 Tekphane: 611 166-8 71 0 Facsimile: 61219&5619 ��:n.°�'�=;� w ^ '^'°"?€} �;�r��. c� ��,�J UNCONTESTED LICENSE HEARING Licensee Name: Patricia Karels d/b/a Pat's Smoke Shop Address: 55 5th Street East, Lobby Council Nearing Date: February 5, 1997 Vio{ation: Safe of Cigarettes to a Minor Minn. Stat. § 609.685 St. Pauf Legislative Code § 324.d7 Date: December 13, 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 of licensee or aftorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Comptiance Report 6. City Attorney License Adverse Action Summary a Q� \�C� _..�_ u_-.: � .s✓ ��� � �JCi.� G "� fi.iF} � . -. �"�' �� `t =�-,>', _ ` _:m> - � � _ �=�-=��-c. _ December 21, 1996 Office of City Attorney 400 City Hall 15 W. Kello�g Blvd. Saint Paul, Mn. 55102 Attn: Virginia D. Palmer RE: Your letter dated December 17, 1996 I do not dispute the facts in the above mentioned letter. Your employee came in at 4:20 P.M. on December 13, 1996 �nd i failed to ask him for an I.D. Patricia J. Karels Pat's Smoke Shop 55 East Fifth St. S�int Paul, Mn. 55101 OFFICF `?F TF� CITY ATI'ORNEY Timothy . iarx Ciry Attom¢y �� \` CTTY OF SAINT PAUL Narm Cokmm; Mayor December 17, 1995 Civil Division 40Q Ciry Halt I S Wur Xellogg Btvd Saint Pw� Mnvusom 55101 NOTICS OF VIOLATION a- OwnerjManager Pat's Smoke Shop 55 Sth Street East Lobby Saint Paul, Minnesota 551o1 Telephone: 612 266-8710 Facsimik: 612 298-5679 RE: Cigarette license held by Patricia Karels d/b/a Pat's Smoke Shop for the premises located at 55 Sth Street East Lobby in St. Paul License ID No.:17298 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 13, 1996, you or aaother employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. �6�9.685 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 ap�ear 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� If you have any questions, you may contact me at 266-8710. Sincerely, ���wu�� �F� c� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MN 55101 Page 2 �, STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT O£ SERVICE BY MAIL JOANNE G. CLEMENTS, being £irst 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 Pat's Smoke Shop 55 E. Fifth Street Lobby 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 18th day of December, 1996. �� �— d-� `� Notary Pub ic � RITA M. BCS�ARD • � �` NOiRflYPU?t4C-hS::�'r`�CiA S RAFhSEY COIiNT' � �m. E^�Pires Jan. 3t.2000 • cL� \�C� Lic ID ..................• 17298 STAT ..................... AC Business Name............ KARELS, PATRICIA Address .................. 55 STA ST E LOBBY Zip ................••••.. 55101 Doing Business As........ PAT'S SMOKE SHOP License Name ............. CIGARETTE . GROCERY (C� Exp Date ................. 03/31/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ INSPECTOR CHANGE FROM RICH TO DENVER - 1/6/92 3232148 ��� ���� Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 3UflMCOCOMPUANCECHECKFORM B cp � \ �J oarE: �� 3�� nn� .�j' 1X 1. D. NUMBER )`l -� � �� NAMEOfCOMPWWCECHECKER �Y'�`n'lC_ __c� NAMEOFOfFlCER 1� S • NAMEANDADDRESS OF LICENSED VEiJDOft �S � �`�— � � . �� . � - � . - � � — ?t.�' � .dxn.nYr. ,==nt, Y3 • WAS THETOBACCO — SEIF SERVEI ��ST�� ���� SA�EWASMADEYES N0: BRAtdD: 1�:c.>.�ar'E� - NAAAE Of CLERK: �1,� �", rS a`K"�+cl�-, SEX: M F: / DESCRIP710N: C�'n.��� � c't ' - �'I•.. � CHECKASOfi'fED: YES N0: ADDfTIONAL COtvMENTS: r ' e Presented By Referred To Council File # ���v Green Sheet # ����� RES�LUTION 41NT PAUL, MINNESOTA / ` T Committee: Date RESOLVED, that the Licensee, Patricia Karels d/bla Pat's Smoke Shop (License ID No. 17298), located at 55 Sth Street East Lobby 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 miuor. Said fine shall be paid to the Office of License, Inspections and Envaronmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the acrion 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 haue 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: `�, a � .� _ Approved by Mayor: Date �2 fJ Z��j r a By: ✓I/ /Y� B �.���,�.�- �4�� Form Approved by City Attomey $Y= �n Approved by Mayor for Submission to Council By: Adopted by Council: Date � _ \� �� � ����� OEPAHTMEMNFFICF/COUNqL DATE INRIATEE� r v v r v Office of LIEP �/2z�9� GREEN SHEE CONTACf PEflSQN 8 PHONE INRIAL/DATE INRIALTAiE � DEPARlMENS DIAECiOR O CfTY COUNCIL ChiistiIIe ROZek, 266-9108 Assur� CfiYATTOflNEY cmac-ax MUST BE ON COUNCII AGENOA BY (DqT� NUYBEfl P08 � � pp�� O BUOGET DIqECSOR � Pkl. & MGT. SERVICES DIR. Feb 5 1997 Public heatin ° " 0 �" O�Y�R (OR ASSf5TANT) � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Concerning adverse acrion against licenses held by Patricia KareLs, DBA PaYs Smoke Shop, located at 55 Fifth Stteet Fast, Lobby. (Uncontested) aECAMMENDA7iON5: npp�qJe (A) or Reject (R) PERSONAL SERYICE CUNTHACTS MUST ANSWER TNE F�LL�WING QUESTI�NS: _ PLANNMG COMMIS$lQN _ CIY�L SERVICE OOMMISSIpN �� Has this person/Firtn ever worketl untler a wntract for this department? _GIBCOMMITfEE _ YES NO _�� 2. Has Mts person�rm ever been a ciry emplqree? — YES NO _ oiss�vC7COURt _ 3. Does this ersoNFirm p possess a skill not normalty possessed by any current city employeel SUPPOflTSWNICHCOUNCILOBJECTIVE? YES NO Expinin alf yes answers on separete sfieet smf attach to graen sheet INITIATING PROBLEM, ISSUE� OPP�RTUNITY (Who, What. WMen,'hTCre. Why): AOVANTAGESIFAPPROVEO: � DISADVANTAGESIFAPPROVED: � ��� ��pi��'�.�6 C�'P , �•f � n_R Z..��.ref,�' � ,��N � � �991 �<.:'�< � �� ::��: - - � _ _�..�� DISADVANTAGES IF NOTAPPROVED: 55G'v�1�Y6f FEB O7 1597 °��,���'�'. � :3s�°�u� TOTAL AMOUN7 OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfiG SOUpCE ACiIVI7V NUMBER FINANCIAL INFORInAT10N: (EXPIAIN) OFFICE OF TI� CITY ATTORNEY Trmothy& Marx, CityAttorney �,�-..` � \J CTTY OF SAINT PAUL Norm Caleman, Mayor Januazy 15, 1997 Civil Drvision 400 City HaU I S West Ke[logg Blvd Sa"net Paui, M'mnesou+ 55102 NOTICS OF COIINCIL HEARING Patricia Karels Pat's Smoke Shop 55 Sth Street East, Lobby Saint Paul, Minnesota 55101 J;aij,� i � l;�?� RE: Cigarette license held by Patricia Karels d/bja Pat`s Smoke Shop for the premises located at 55 Sth Street East, Lobby in St. Paul License ID No. 17298 Our File Number: G96-0659 Dear Ms. Karels: 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 Faul 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 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 call me at 266-8710. Very truly yours, � L� ��7�'c-fil'� � ��<-F��-N�,� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MI3 55101 Tekphane: 611 166-8 71 0 Facsimile: 61219&5619 ��:n.°�'�=;� w ^ '^'°"?€} �;�r��. c� ��,�J UNCONTESTED LICENSE HEARING Licensee Name: Patricia Karels d/b/a Pat's Smoke Shop Address: 55 5th Street East, Lobby Council Nearing Date: February 5, 1997 Vio{ation: Safe of Cigarettes to a Minor Minn. Stat. § 609.685 St. Pauf Legislative Code § 324.d7 Date: December 13, 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 of licensee or aftorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Comptiance Report 6. City Attorney License Adverse Action Summary a Q� \�C� _..�_ u_-.: � .s✓ ��� � �JCi.� G "� fi.iF} � . -. �"�' �� `t =�-,>', _ ` _:m> - � � _ �=�-=��-c. _ December 21, 1996 Office of City Attorney 400 City Hall 15 W. Kello�g Blvd. Saint Paul, Mn. 55102 Attn: Virginia D. Palmer RE: Your letter dated December 17, 1996 I do not dispute the facts in the above mentioned letter. Your employee came in at 4:20 P.M. on December 13, 1996 �nd i failed to ask him for an I.D. Patricia J. Karels Pat's Smoke Shop 55 East Fifth St. S�int Paul, Mn. 55101 OFFICF `?F TF� CITY ATI'ORNEY Timothy . iarx Ciry Attom¢y �� \` CTTY OF SAINT PAUL Narm Cokmm; Mayor December 17, 1995 Civil Division 40Q Ciry Halt I S Wur Xellogg Btvd Saint Pw� Mnvusom 55101 NOTICS OF VIOLATION a- OwnerjManager Pat's Smoke Shop 55 Sth Street East Lobby Saint Paul, Minnesota 551o1 Telephone: 612 266-8710 Facsimik: 612 298-5679 RE: Cigarette license held by Patricia Karels d/b/a Pat's Smoke Shop for the premises located at 55 Sth Street East Lobby in St. Paul License ID No.:17298 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 13, 1996, you or aaother employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. �6�9.685 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 ap�ear 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� If you have any questions, you may contact me at 266-8710. Sincerely, ���wu�� �F� c� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MN 55101 Page 2 �, STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT O£ SERVICE BY MAIL JOANNE G. CLEMENTS, being £irst 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 Pat's Smoke Shop 55 E. Fifth Street Lobby 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 18th day of December, 1996. �� �— d-� `� Notary Pub ic � RITA M. BCS�ARD • � �` NOiRflYPU?t4C-hS::�'r`�CiA S RAFhSEY COIiNT' � �m. E^�Pires Jan. 3t.2000 • cL� \�C� Lic ID ..................• 17298 STAT ..................... AC Business Name............ KARELS, PATRICIA Address .................. 55 STA ST E LOBBY Zip ................••••.. 55101 Doing Business As........ PAT'S SMOKE SHOP License Name ............. CIGARETTE . GROCERY (C� Exp Date ................. 03/31/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ INSPECTOR CHANGE FROM RICH TO DENVER - 1/6/92 3232148 ��� ���� Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 3UflMCOCOMPUANCECHECKFORM B cp � \ �J oarE: �� 3�� nn� .�j' 1X 1. D. NUMBER )`l -� � �� NAMEOfCOMPWWCECHECKER �Y'�`n'lC_ __c� NAMEOFOfFlCER 1� S • NAMEANDADDRESS OF LICENSED VEiJDOft �S � �`�— � � . �� . � - � . - � � — ?t.�' � .dxn.nYr. ,==nt, Y3 • WAS THETOBACCO — SEIF SERVEI ��ST�� ���� SA�EWASMADEYES N0: BRAtdD: 1�:c.>.�ar'E� - NAAAE Of CLERK: �1,� �", rS a`K"�+cl�-, SEX: M F: / DESCRIP710N: C�'n.��� � c't ' - �'I•.. � CHECKASOfi'fED: YES N0: ADDfTIONAL COtvMENTS: r ' e Presented By Referred To Council File # ���v Green Sheet # ����� RES�LUTION 41NT PAUL, MINNESOTA / ` T Committee: Date RESOLVED, that the Licensee, Patricia Karels d/bla Pat's Smoke Shop (License ID No. 17298), located at 55 Sth Street East Lobby 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 miuor. Said fine shall be paid to the Office of License, Inspections and Envaronmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the acrion 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 haue 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: `�, a � .� _ Approved by Mayor: Date �2 fJ Z��j r a By: ✓I/ /Y� B �.���,�.�- �4�� Form Approved by City Attomey $Y= �n Approved by Mayor for Submission to Council By: Adopted by Council: Date � _ \� �� � ����� OEPAHTMEMNFFICF/COUNqL DATE INRIATEE� r v v r v Office of LIEP �/2z�9� GREEN SHEE CONTACf PEflSQN 8 PHONE INRIAL/DATE INRIALTAiE � DEPARlMENS DIAECiOR O CfTY COUNCIL ChiistiIIe ROZek, 266-9108 Assur� CfiYATTOflNEY cmac-ax MUST BE ON COUNCII AGENOA BY (DqT� NUYBEfl P08 � � pp�� O BUOGET DIqECSOR � Pkl. & MGT. SERVICES DIR. Feb 5 1997 Public heatin ° " 0 �" O�Y�R (OR ASSf5TANT) � TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: Concerning adverse acrion against licenses held by Patricia KareLs, DBA PaYs Smoke Shop, located at 55 Fifth Stteet Fast, Lobby. (Uncontested) aECAMMENDA7iON5: npp�qJe (A) or Reject (R) PERSONAL SERYICE CUNTHACTS MUST ANSWER TNE F�LL�WING QUESTI�NS: _ PLANNMG COMMIS$lQN _ CIY�L SERVICE OOMMISSIpN �� Has this person/Firtn ever worketl untler a wntract for this department? _GIBCOMMITfEE _ YES NO _�� 2. Has Mts person�rm ever been a ciry emplqree? — YES NO _ oiss�vC7COURt _ 3. Does this ersoNFirm p possess a skill not normalty possessed by any current city employeel SUPPOflTSWNICHCOUNCILOBJECTIVE? YES NO Expinin alf yes answers on separete sfieet smf attach to graen sheet INITIATING PROBLEM, ISSUE� OPP�RTUNITY (Who, What. WMen,'hTCre. Why): AOVANTAGESIFAPPROVEO: � DISADVANTAGESIFAPPROVED: � ��� ��pi��'�.�6 C�'P , �•f � n_R Z..��.ref,�' � ,��N � � �991 �<.:'�< � �� ::��: - - � _ _�..�� DISADVANTAGES IF NOTAPPROVED: 55G'v�1�Y6f FEB O7 1597 °��,���'�'. � :3s�°�u� TOTAL AMOUN7 OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfiG SOUpCE ACiIVI7V NUMBER FINANCIAL INFORInAT10N: (EXPIAIN) OFFICE OF TI� CITY ATTORNEY Trmothy& Marx, CityAttorney �,�-..` � \J CTTY OF SAINT PAUL Norm Caleman, Mayor Januazy 15, 1997 Civil Drvision 400 City HaU I S West Ke[logg Blvd Sa"net Paui, M'mnesou+ 55102 NOTICS OF COIINCIL HEARING Patricia Karels Pat's Smoke Shop 55 Sth Street East, Lobby Saint Paul, Minnesota 55101 J;aij,� i � l;�?� RE: Cigarette license held by Patricia Karels d/bja Pat`s Smoke Shop for the premises located at 55 Sth Street East, Lobby in St. Paul License ID No. 17298 Our File Number: G96-0659 Dear Ms. Karels: 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 Faul 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 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 call me at 266-8710. Very truly yours, � L� ��7�'c-fil'� � ��<-F��-N�,� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MI3 55101 Tekphane: 611 166-8 71 0 Facsimile: 61219&5619 ��:n.°�'�=;� w ^ '^'°"?€} �;�r��. c� ��,�J UNCONTESTED LICENSE HEARING Licensee Name: Patricia Karels d/b/a Pat's Smoke Shop Address: 55 5th Street East, Lobby Council Nearing Date: February 5, 1997 Vio{ation: Safe of Cigarettes to a Minor Minn. Stat. § 609.685 St. Pauf Legislative Code § 324.d7 Date: December 13, 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 of licensee or aftorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Comptiance Report 6. City Attorney License Adverse Action Summary a Q� \�C� _..�_ u_-.: � .s✓ ��� � �JCi.� G "� fi.iF} � . -. �"�' �� `t =�-,>', _ ` _:m> - � � _ �=�-=��-c. _ December 21, 1996 Office of City Attorney 400 City Hall 15 W. Kello�g Blvd. Saint Paul, Mn. 55102 Attn: Virginia D. Palmer RE: Your letter dated December 17, 1996 I do not dispute the facts in the above mentioned letter. Your employee came in at 4:20 P.M. on December 13, 1996 �nd i failed to ask him for an I.D. Patricia J. Karels Pat's Smoke Shop 55 East Fifth St. S�int Paul, Mn. 55101 OFFICF `?F TF� CITY ATI'ORNEY Timothy . iarx Ciry Attom¢y �� \` CTTY OF SAINT PAUL Narm Cokmm; Mayor December 17, 1995 Civil Division 40Q Ciry Halt I S Wur Xellogg Btvd Saint Pw� Mnvusom 55101 NOTICS OF VIOLATION a- OwnerjManager Pat's Smoke Shop 55 Sth Street East Lobby Saint Paul, Minnesota 551o1 Telephone: 612 266-8710 Facsimik: 612 298-5679 RE: Cigarette license held by Patricia Karels d/b/a Pat's Smoke Shop for the premises located at 55 Sth Street East Lobby in St. Paul License ID No.:17298 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 13, 1996, you or aaother employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. �6�9.685 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 ap�ear 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� If you have any questions, you may contact me at 266-8710. Sincerely, ���wu�� �F� c� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Mary Nelson, Community Organizer, Capitol River Council/Dist. #17, 445 Minnesota St., Suite 524, St. Paul, MN 55101 Page 2 �, STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT O£ SERVICE BY MAIL JOANNE G. CLEMENTS, being £irst 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 Pat's Smoke Shop 55 E. Fifth Street Lobby 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 18th day of December, 1996. �� �— d-� `� Notary Pub ic � RITA M. BCS�ARD • � �` NOiRflYPU?t4C-hS::�'r`�CiA S RAFhSEY COIiNT' � �m. E^�Pires Jan. 3t.2000 • cL� \�C� Lic ID ..................• 17298 STAT ..................... AC Business Name............ KARELS, PATRICIA Address .................. 55 STA ST E LOBBY Zip ................••••.. 55101 Doing Business As........ PAT'S SMOKE SHOP License Name ............. CIGARETTE . GROCERY (C� Exp Date ................. 03/31/97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ INSPECTOR CHANGE FROM RICH TO DENVER - 1/6/92 3232148 ��� ���� Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° 3UflMCOCOMPUANCECHECKFORM B cp � \ �J oarE: �� 3�� nn� .�j' 1X 1. D. NUMBER )`l -� � �� NAMEOfCOMPWWCECHECKER �Y'�`n'lC_ __c� NAMEOFOfFlCER 1� S • NAMEANDADDRESS OF LICENSED VEiJDOft �S � �`�— � � . �� . � - � . - � � — ?t.�' � .dxn.nYr. ,==nt, Y3 • WAS THETOBACCO — SEIF SERVEI ��ST�� ���� SA�EWASMADEYES N0: BRAtdD: 1�:c.>.�ar'E� - NAAAE Of CLERK: �1,� �", rS a`K"�+cl�-, SEX: M F: / DESCRIP710N: C�'n.��� � c't ' - �'I•.. � CHECKASOfi'fED: YES N0: ADDfTIONAL COtvMENTS: r ' e