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97-111Presented By Referred To Committee: Date .J RESoLVED, that the Licensee, Shinder Book & News, Inc. d1b/a Shinder Book & News, Inc. (License ID No. 17465), located at 389 Wabasha Street North 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 Protection within thirry (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: Adoption Certi£ied by Council Secretary By: �� ` 1� ,..�� Approved by Mayor: Date '2�L1f7 BY: /L`�� " - � Council File # `� \ ` \ Green Sheet #�� RESOLUTION 41NT PAUL, MfNNESOTA BY: �-.��. �7 � Form Approved by City At�ey By: � Approved by Mayor £or Submission to Council Sy: Adopted by Council : Date � q ��, _ S��{r j �� `�� DEPMTMlEH1'pFFICEMAUNCIt OATE INITIATED ,� � v � � orficeof�r v22fm GREEN SHEE CONiACTPERSON 8 PHONE INRIAVDATE - INRIAVDATE � D£PARiMEM DIRE � CIN COUNCiL Christine Rozek, 266-9108 Nu� Foa Q Cf7YATlORNEY O CRY CLERK MUST BE ON CAUNCIL AGENDA BY (OATE) ROUi1NG � BUDGET DIRELTOR � FIN. & MGT. SEqVIC D Feb 5 1997 Public hearin opoE" � MAYOR (OR HSSISTANT] � TOTAL # OF SIGP1AtllRE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Concerning adverse action against licenses held by Shinder Books & News, Inc., located at 389 Wabasha Street North. (Uncontested) RECOMMENDATIONS: Appmve (A� or Reject (RJ pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PIANNING COMMISSIQN __ CIVIL SERVICE CAMMISSION �� Has this person/firm ever xrorked untler a Con[raCt for this department? _ GB CoMMl7'ceE _ YES NO _ S7aFF 2. Has this personflirm ever been a city employee? — YES NO _ DISIAICT COURT _ 3. Does this personRirm possess a skill not normaly possessed by sny cuttent city employeel SUPPORTSWHICriGOUNCiLOHJECTWE? YES NO Explaln all yes answers on separate sheet and attach to green sheet INRIATMG PROBLEM. ISSUE. OPPEfqTUNITV (Who, Whet, When, Whe�e, Why): ' ADVANTAGESIFAPPROVED: � �� s3 �€ a � �,��+� .0'�1�+�� {;C`, � 3 DISADVANTAGES If APPROVED: h ",_ _ r3� .. _ . _ u., �. "�� A�[kQY �S < 1vWtl DISADVANTAGESIFNOTAPPROVED� ' � �"�'—'S�!;a�r„,�,,.,�,�, A tSs� �C�sk.3 a ��' �E� �� J�7 ,� ;� n �sr�:°°� �F��`vR'� C;°�.Sa= TOTAL AMOUNT OF iRANSACTION $ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAI INFORFnATION' (EXPLAIN) .. . OFFICE OF THE CITY ATTORNEY � T+mothy & Marx, City Attamey �� \, CITY OF SAINT PAUL crv,rD;�u;on Norm CoTemm; Mayor 400 Ciry Hall Telephone: 672 266-8710 ISWestKeAoggBlvd Facsimile:67229BS619 Sainr Pau{ dfmnesom 55102 ' �� +��w � . t" .. .. January 15, 1997 � _ - NOTICS OF COIII3CIL HEARING `��"'�� =�.�` � Joel Shinder Shinder's Read More Book Store, Snc. 63 South 9th Street, Suite 202 Minneapolis, Minnesota 55402 RE: Cigarette license held by Shinder's Read More Book Store, Inc. f/k/a Shinder Book & News, Inc. d/b/a Shinder Book & News, Inc. for the premises located at 389 Wabasha Street North in St. Paul License ID No. 17465 Our File Number: G96-057$ Dear Mr. Shinder: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, February 5, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of cigarettes have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Virginia D. Palmer Assistant City Attorney � s ` `� lJ`L�9,/l/ ��LC � V �( � J Very truly yours 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, MN 55101 �� UNCONTESTED LfCENSE HEARfNG Licensee Name: Shinder's Read More Book Store, Inc. f/k/a Shinder Book & News, Inc. d!b/a Shinder Book & News, Inc. Address: 389 Wabasha Street North Council Hearing Date: February 5, 1997 Viofation: Saie of CigaretEes to a Minor Minn. Stat, § 609.685 St. Paul Legislative Code § 324.07 Date: November 16, 1996 Piace: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendatian of Assistant City Attorney on behalf of c{ient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachmen#s: 1. Proposed resolution 2. Letter of {icensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary �� `� Lic ID ................... 17465 STAT.......•••••......... AC Business I3ame............ SHINDER BOOK & NEWS INC Address .................. 389 WABASHA ST N Zip ...................... 55102 Doing Business As........ SHINDER BOOK & NEWS INC License Name ............. CIGARETTE . ORIGINAL CONTAINER E�:p Date ................. 03J31/97 Insurance Carrier....._.. Ins. Policy Number_._.... insurance Effective Date. Ins. E�cpiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ INSPECTOR CHANGE FROM RICH TO DSNVER - lJ6/92 5643492 OS/29/94 227-4344 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° C l� �`\ SHINDER'S READ MOREBOOKSTORElNC. 63 5. 9th St., Suite 202 MftSt3EAPOLiS, MN 55402 7EL. 612-333-70Q2 FAX.672-333-7181 December7,1996 •NEWS•BOOKS•COMICS•S PO RTSCARDS•GAM ES• virginia D. Palmer Assistant City Attorney, Civil Division 400 City Aall 15 West I�ellogg Blvd. St. Paul, MN 55102 U.S. Mail REF: Cigarette Sale to Minor, 11/16J96 License No. 17465 Dear Ms. Palmer: Kindly include this communication to the City Council in your packet to council members for the sessian in whiCh my appearance for the referenced incident will occur. Dear St. Paul City Council Members: Shinder�s is a small retail chain of thirteen stores operating only in the Minnesota portions of the 'I'win Cities' metropolitan a�ea. Although all stores are subject to the same state law, only our two Minneapolis stores are subject to the same municipal law affecting tobacca-related sales. All other stores suffer from variable and changing regulations difficult to monitor, follow, teach and enforce from central management level. Like newsstands worldwide, Shinfler's sells tobacco-related products consisting mostly of cigarettes. Our stores also sell comics anfl collectible sportscards and gamecards, products which attract minors inta our stores for these challenging and healthy leisure-time activities. Because minors frequent our cigarette- selling stores, we are targets for sting operations that various governing authorities have established in order to test merchant c�ttpliance with the several laws which seek to restrict saies of tobacco-related items to minors. whether the stings are civii or criminal, whether the consequences bear on us or on the clerks or on both, because we are targets, our management does its very best to train all cashiers NOT to sell to minors. I have enclosed a Copy of page nineteen from our most recently issued employee handbook, dated July 30, 1995, a book which is distributed to every new hire with the first paycheck and to all employees with each new edition. Please read our long-standing disciplinary rules for tobacco sales to minors, §VI.A.5.a. All cashiers are trained on a cash register manual which references the,handbook, �Z \`� pages two and thirteen of that manual enciosed tsee §II.B. on page 2 and AE on page i3}. As you can see from our general handbook, we try to warn ett+pioyees of the most dire consequences provided by the law £or selling tobacco to minors. This is because our stores each operate in different municipalities, each with different laws, and because some employees move from store to store, they need ta know worst-case scenarios. Y1e as a company advocate . arew�flP attempts to prevent minors� accessing tobacco-related products. we do our best to train all staff as though the strictest iaw applicabie to one of our stores applied to all stores, but training new-hires in today's market is practically without result when entYy-level turnover is so high and when clerks may learn that the rules we enforce and the threats we make might not actually apply to them in the town where they work. Unfortunately, despite the fact that uniform codes have been adopted for other purposes statewide and nationwide, attempts to rationalize tobacco access laws have failed in Minnesota. Quite frankly, merchants can only act effectively within a framework of wise policy which Ieads to laws that make sense, that are fair, that people will respect, and that work efficientiy to achieve the goal intendefl. Present law is bound to fai1, hurts the people who need to make enforcement happen, creates scofflaws in St. Paul, and frustrates everyone. Please get serious about minors� access to tobacco-related products, but please recruit merchants in your campaign rather than alienate, weaken, threaten and banish them. If policy is, "Selling cigarettes in St. Paul is legal, except for sales to minors,�� then suspend or revoke licenses or levy fines ONLY when ownership or management can be shown to have failed to comply with rules in TfiEIR contral. We literally cannot control the quality of person wha is available for entry-level positions today. They often fail to be careful, they often suffer absolutely no consequences personaliy, they leave e�nployment even before training is complete, they lack motivation, and they often lack basic skills. This is "Generat�ion Zero" for small retail employers, beiieve me. worse, current law will punish a store manager who might be cc�mpletely innocent when a clerk makes an illegal sale. The manager could quit simply because the situation is so unfair. The person who trains and enforces is thereby lost. Let us examine the present case. Our entry level clerks are the people who sell aur cigarettes to the public. Two clerks were working when the °sting° occurred, i3ovember 16, 199b. The clerk who appears to have made the illegal sale is Edward R. Ryan, hired 8J24j96, quitting effective 12j8/96. Ed works two weekend days only. His caworker 11J16 was 3aymey A. Johnson, hired 8/22j95, today being his last day. He had given us notice Iast month that he '�was taking the winter off." Both know our rules. The sales station has calendars and signs. Both received our handbook and learned the register from its manual. Ed failed to do his duty. He had already infozzned us that he was leaving, so there is absolutely no discipline available ta me in his case. Neither Ed nor Jaymey, who knew about the sting, came forward to te21 their manager, Tom Dolan, that it had occurred. 'I`Yie City mailed the notice to the store, not to the owner/manager address, so we did .TOel Shinder to City Council, St. ?aul Page 2 of 7 Pages �� \\L not 7rnow at cosporate ievel what had occurred. The store received its notice oA a day when the manager was not working. Someone conveniently buried the mail under a pile of periodicals. The notice would have been received on Nov�nber 29, a day when Jaymey worked. T�n found the mail yesterday and faxed the notice to me at once. Jaymey, when called, told Tom that the sting officer had pramised to visit Tom the next. day after the sting, a day when Tom did work, but no such visit occurred. F'urthermore, the sting was a civi.l affair with absolutely no adverse consequences to the clerk who did the wrong thing. In other words, no punishment in this case will change ANYONE�S behavior. To the extent that your ordinance is presumably designed to bring about behavioral change amongst those workers actually on the line, no change will result from adverse action here, eaccept one possible change. The merchant might become less capable of effecting desired change amongst his staff! It seems entirely unfair and ineffective to punish Shinder's by fine or by warning or by an adverse action against its license on facts such as these. Indeed, the threat noticed to us by the November 26th letter to the store is that AL,L of our licenses are under a cloud. One of our licenses is for our security system. I simply cannot do Tausiness in a city with as many risks as we face in downtown St. Pau1 without security capability. If Shinder's pays a fine, given our declining sales in downtosvn St. Paul, Shinder's will be less able to train and to reward staff for doing the right thing. If Shinder�s loses or suffers license suspension, Shinder�s will be even less able to do its part in your program, and St. Paul will lose sales t� revenues. Employees who see Ed and Jaymey and their likes go without punishment or consequence will learn to scoff the law, and Shinder•s will have even fewer management tools to effect the desired behaviorai Changes. vaell-intentioned Minnesota laws have now made our children violent. Criminal dealers over the age of eighteen recruit minors to do the wrong thing, and their propensity to violence, unregulated by the conceYns of maturity, is huge. On top of this horrible situation, now our state and our municipalities have created a monstrous morass of inerchant misdeeds that merchants simply cannot control. This makes NO sense whatsoever. My clerks fear knife- and gun-toting teens LOTS more than they care about cig-smoking youth, and as political leaders of your community you need to know this. A few months ago we had a gang assault in our store. The police response was sufficiently unsatisfactory that I had to speak with several officials about the serious concerns we have on Wabasha. When a seventeen-year-o1d gang-acting youth demands that a lone clerk sell him a pack of cigarettes, and the clerk refuses, what do you think is going through the clerk�s mind? Compliance with the law ar self-de£ense? Shinder's policy should be this: Clerks should telephone 9i1 each and evexy time a minor attempts to purchase cigarettes. However, if my cierks thought that the police were too slow to come when a gang beating commenced in our store, how promptly do you triink police would respond to a 911 ca11 to apprehend a minor seeking smokes? If Shinder's were to call 911 each and eveYy tizne 3oe1 5hinder to City Co,:ncil, St. Paul Page 3 of 7 Pages GZ \�.\ a minor tried to break the law in this area, 911 would be swamped and dire near-term situations would not be addressed, but the long-terni goal of reducing 2�abitual smokers would be achieved. AddiCionally, with a 911-call program we would have a record d�nonstrating the effectiveness o£ a merchant's training program. Presently, the occasional sting will trap anyone at some point, because perceptions o£ age differ from one person to the next. The stings test Shinder's most particularly, given our attraction for youthful clientele. Wrongly, your present program rewards no one for proper behavior. Nuclear deterrence works under some conditians, not under other conditions, but one thing is for sure, it creates lots of bombs? In the business forum, INCENTIVES are what work� and your program offers no rewards or incentives for correct behavior. It just bombs the businesses. Enforcement peopie don�t like to think that you have to pay f or iegal behavior, but in business yau MUST pay for desired behavior. Taxes are structured in part £or revenue and in part to achieve social or economic goals through incentive/disincentive terms. Your program offers the disincentive without the inCentive. It cannot work. It will only punish your ally in the program, the employer. It will never give the actor, the lowest person on the retail feeding chain, any reason ta do the right thing. Please recruit me as your ally in this valuable effort. As adversaries we will go nowhere. My father and his youngest brother died from lung cancer, Dan in 1s77, Bill just last month. I sell cigarettes because they are a 1ega1 product that other nevasdealers also sell. I will gladly stop selling cigarettes if the City of St. Paul bans the sale of cigarettes in the City of St. Paul. iSntil then, please hold Shinder�s harmless in this case and help us stay even with the competition in a fair marketplace where badly behaving employees are punished and where concerned, cooperating employers are helped. Sincerely, '� �. Soel Shinder, Chairman �� j . lz�� j y� Joel Shinder to City Cowzcil, St. ?aul Page 4 of 7 Pages �� \�� VI. Dsscipline, Termination & Grievance A. Discipfine '� Page q . � Shinder's hires oni those eo Ie it ez L � Y P p pects to be capable ot pertorming weif. Either ihe empioyee or ShindeTs mzy terminate the emptoyment relationship at any Ume for accy reason without notice. As in any emptoyment setting, ShinderS haS cErtein rules flnd BxpectaEions foc iLS Ctnpbyees. If Shinde�s is dissaUSfied with the pertormance ot an empbyee, it may try to correct the situation. The steps taken wfA be ihose �at management 4elieves &re best suited io the particu(ar circumstances. it is impossDte in ;dvance to specity what sfeps wili be taken in all circumsiances. Shinders may take the following steps to dea( with unsatisfactory performance or other prob[ems: i. Discussthe maifer snforma)fy wiih the employee invofved 2. Oraliy wazn the emptoyee • 3. Give the employee a wriiten warning d. Suspend the empbyee ' 5. Terminate the employmerrt ` Not aA of the st=ps above wiA be taken in every case, nor wiii the �rder of steps 2ppiy to every cas=, and whMh sieps are actually taken in a particular instance is to be decitled by Shinder's management in its sate tliscretion. „� _ To heip empioyees understand what is expected of them, we iist the taflowing examptes of actions thzi are not acceptabte and that may be grounds for ducipline, up to and inciuding dismissal This list is not intended to be exclusive. � A in in vio(aiion of iaw wi[hin th �o of m(�oyment a in such a man r e tn a��a. � imgact the em�lo�er. Twa crrt�cai areas of concem in this community are (} sate of tobacco producis to minors and (i) safe of aduh rriateriats to minas. The latter iru�udes yous comptying with the manner in which aduh-wiented materiais aze to be dispiayed, as prescribed by Shinder's in ihe Sight of the law. You must not seil tobacco products a adutt materials to minws or allow miriors to txowse among these prod��cts. Ask for verificatlon ot age and deny service to anyone who refuses or is unab{e to show proof of age. increasingiy, communities are � assessing larger and Iarger fines against ths empioyee who setis tobaxo products or aduft materiats to minors. Penahies also run against the marrage.r who shouid have trained the emptoyee better. U�der the iaw, yaur pay�ng such fines is your personaf obfigation, not Shinder's. Fnes may be severai thousand doliazs. b} Creatina a�strir rr r th �^] SRQ SEl"t ^({VP{Cp jip�ycts normat retail on ratione c) Damaomo �omp n r pgny mfentionatfy or neoiiggn� C�� 1.^.Q C� tIR7E f0(p@f50f1di fP.95ARC iR a mannor thnt �r1..��,t..:.............._.,s._ _ ancs�erurrt_v. Exampies of ihis i�Gude,. but are not limited to: (1} excessive visfting with iriends, family or coworkers on duty, w abusive personal use of telephones t (2) on register duty, reading anything and not supervising customers fa service and securiiy (3) off register duty, reading anything other than a Shinder's publicat+on w job-relateci mazerials {a) example: while pricing comic books, reading the comic may be grounds fw . - �-• terminatian - — (b) exampie: whils pricing comic books, looking for missing pages, tears, or artist is proper e) Viotating merchand'sse borrow or cash draw poGcies, practices and procedures f} �isifvina ccmoa�v rec��+c rx faifing to lPato and �rovid r�trirad c�mp�ny recrrrtc rnar a.o tr rrhfr i a r rat and molet . R company �ecord is any documentation required in_ the course of doing business. This would include providing {egitimate receipts from vendors or obtaining signatures and ID information from persons who se0 to us or trade/exchange with us. Shinder's is required to obiain these records by the Federai and state governmerrts. Not cooperatirrg v+rth us in 2his ettort is a serious securs2y failing. g} Wh's{e on d rtv d aiin4 in, usino or beino ��n�iar rna r„fi� �on�e „o �Il.�....� ... .......�„u,..s _..�"""' Oate Printed: Juiy 36,1996 � � 7 �, c) experienced casfiier, two sessions, four tn six fiou[s each ti) �a�x�ss (aXi)'*(�+(3) and con5rm a�erence to ow habit pattern C2) camPmss (bX1)+{2) - - _ - - . - 3. CONICLUDE WITH GENERAL SALES CLERK 3RAIIQIr7G, AS APPROPRL4TE a) pomt-of-sale area mamtenanca b) sapez`iisia8 customeas for securiry and service c) mmor receiving & disptay, if relevant 4. Make sure rhe new fii� uses his or her own Iog-on code number B. REMII��IBER: SUPERVISE THE RECIIVT-HIItEt 1. OBSERVE REGISTER HAI�TDI.dNG z�oxcs & ca�c�r s) ATRUSHHOUR b) AURIIdG QUIETPERIODS 2. REVIEW ATPREQUENTIIdTERVALS � . .. �� \\\ �` < II. TO CANDII?ATES FOR A CLERK POSTITON AT SHINDER`S: A. THIS MANUAL CONTAINS COMPANY POLICIES FOR: 1. THE OPERA'ITOAI OF ITS CASH REGIST'HRS -- - "" 2. EMPLOYEfi CONDUCT AT SAI.ES POSITTONS, AND 3. RELATED TOPICS. B. RELATIONSHLP OF THIS MANi7AL TO EMPLOYEE HANUBOOK The mles stated here aze incorporated into the empioyee handbook, which employee receives at hiring. Without further wanun¢ or notice vou vnde C. C� E. Shinder's An experienced sales clerk will introduce you to this manual, to your duties, and to the cash register whose operation is described here. You will receive a brief tour of the siore To heIp you identify the depaztments into which we record our sales. You will then operate the cash register for actual sales under the guidance of an ezperienced clerk. That person wiil report your progress to the store manager. As you progress, the training cierk will slip into the background and, when it seems appropriate, you will opeiate the most active sales posiaon in your store alone. This will enable you to apply your knowiedge and develop speed. At any stage, don't hesitate to ask questions. A more experienced clerk should always be close at hand, mady and willing to respond and keep you from forming bad habits. DRAS�VER ASSIGNMIN'T Trainers and trainees share a register. However, once trained, cashiers are to work their own register drawers withont sharing. Cashier duty begins with a balanced drawer and ends with a balanced drawer (occasional spot checks are made and secret shoppers are in use). A FULLY-TRAINED SALES CLERK WII.I, PERFORM THFSE FUNCTIONS I. GREEI' ARRIVING AND DEFARTIIVG CUSTOMERS 2. SUPERVISE FOR SECtIRITY, SAL.ES AND SERVICE 3. CdAiDUCT SALFS 4. PROCESS MERCHADIDISEATSALES STATtONS Handling �rcBa�tise may involve liftin8 P��Bes arovnd seveuty poimds. Know how to lift safelyr 5. WORR WITTi SALF.S DISPLAYS 6. PERFORM MAIl�ITER'ANCE pR OPIItATIONAL TASKS 7. COMMUHICATE WI1Ii CQWORKERS, MArIAGER, SUPERVISOR AND CORPORATE OFFICE (abbreviated as "CO") ' a) Use contQany phones, caIling the apptopriate pazty at the appmpriate 2ime, given the nahue of the situation . b) Use compaay fax machine for writfen reparts F. GooD Lucx! III. CASH REGIS'TER TRAINING A, FYample of typical cash sales procedure Casio Clerk Manuai -2- August 10, 1993 r /�`�� 7 � J �. 1 V. W. X. Y. Z. AA. � AC. AD. AE AF. q'\-\�� Q. Smoke only in designated areas, and don't smoke, drink, or eat in custome�s faces R. Be polite, helpful, and businesslike S. Use appropriate Ianguage and do not spread rumors or engage in idIe gossip T. Direct diffieult customer service quesfions or complaints to CO -° - U. Dress properly for the weathes, personal safety, tfie conditions of your job, and to a styIe consistent vnth your store's clieatele and our chain standard Attend to peisonal hygiene before work beginsl Your appearance and safety aze very unportant empIoyes concems. L Weaz no shorts or cni-offs 2. '4Vear no tattered attire, na aztictes wirfi hoIes 3. Wear no provocafive styles : 4. Awid soiled cIozhing Take breaks consistent with store requirements and supeivisor's instructions While on company rime, 1. Make and ieceive no �csonal telephone calls 2. Entertam no personal �isitors 3. Aua no personaI etrands Interrupt business callers to servicz in-store customers _ _�, -- _. Politely place non-emergency calIers on hold and satisfy the in-store, cash-paying customer first! However, always mtetrupt a person selling TO us in order fo answer a customer on the phone. Your priorities are PERSONAL SAFETY, then making SALES, then providing SERVICE which may lead to sales, then performing other functions. Tlius, intemipt sellers to us in order to service customers buying from us. , Preserve our confidentiality and protect our property; including informatiori Tell no one our company costs, employee discount rates, and supplier names, addresses and telephone numbers. Such information is not considered "customer service!" It is proprietary information we will not share. Also, customers are not aliowed to use our inventory as a library banl� Browsing through books, magazines, etc., is acceptable if the intent is W purchase. If the intent is to learn or record informafion, noi to make a purchase, suggest that the customer make a purchase. We aiso will not share the telephone numbers or address of any of our empioyees. Phone lists are for our business use only. SeEk opportunities to increase sales profitably and to reduce costs effectively Keep safety in mind at all fimes Carnct any unsafe condition within your 1rnowIedge and capacity; call CO to report those needs you cannot cotrect; follow up calls with report of whether or not the pmblem was resolved fo your satisfac6on and need Fxamples: 1. Mainfain cleat walkways and aisies 2. AIIow no ice/snow buildup 3. Slraighten area mgs and entry mats 4. Tolezate no fiazard and be alert to the exisfence of any Be aware of air temperature and movement Catl CO for correcdon of heating, ventilating or air condirioning problems. Uncomfortabie cierks work less effrcienfly. Uncomfortable customers buy less. Regulazty communicate problems with reorders Reference your Employee Handbook frequentty � Follow aii rules and regutations, know and apply alI company policies, and obey the law PREVENT LOSSES Attending to the security of company cash and merchandise is an important company goai. PRO'TECf YOUR HAI2D WORK! Aiso, prevent harm to yourseif and others. This effort wilI reduce workers' compensafion claims and insurance costs and it will help us avoid Iegal actions against Shinder's which could result in higher insurance costs. Ciaims and costs incurred will cut into your wages. 2. Keep register drawa clased at all times except to complefe saIes and other finali�ations. 2. Leave no company or employee store keys, security codes at safe combinations tmguarded 3. Keep secure areas, cases and drawers Iocked 4. Do not bundle ctufency at the register starion Casio CIerk Manual -13- August 10, 1993 7 � ✓�lt � I �Z `�� SHtNDER'S READ MORE SOOK STORE INC. 63 S. 9th St., Suite 202 MlidtVEAPOtiS, MIV 55402 TEL.612-333-7002 FAX.612-333-718i 4ecember 6,1996 •NEWS�BOOKS•COA9ICS•SPORTSCARDS•GAMES- Virginia D. Palmer, Assistant City Attorney Civil Division 400 City xall 15 west Kellogg Blvd. St. Pdul, MN 55102 Dear Ms. Palmer: Mail & Fa3c, 298-5619 This fax consists of one page REF: Cigarette Sale to Minor 11/16/96 License No. 17465 Thank you very much for telephoning me in response to my letter dated yesterday and for describing my procedural options. Yes, I hereby request the opportunity to appear before the City Council in order to expiain mitigating circumstances which should apply in this case. When you receive the schedule, the agenda and our number, kindly inform me at this office of these facts and o£ your estimate respecting the approximate time for my appearance. 3peak with Jeffrey Pomone, my assistant, should I be unavailable. I will.be aut of town December 21 through December 28. Sincerely, Soel Shinder, Chairman �� b�_.��_:.�:� �-^ no .r� f..+i4 '.� l.��6� G�•a`= . � � �F" r�`�`_: � :�� ,�T'�a �... > b a E'1 : C't.,� L��4 .e�� ffi OFFICF F THE CITY ATTORNEY Timothy w_. asx Ciry Anorney ---�` � ` ��` CITY OF St�INT PALTL Norm Colemtrn, Mayos November 26, 199F Civil Divitiort 400 Ciry Hall IS A'est Xe7loggBlvd Samt Pau� Mmnesom 55101 Telephone: 611166-8i10 FauSnile: 671198-5619 NOTIC$ OF V207�ATION Owner/Manager Shinder's 389 Wabasha Street North Saint Paul, Minnesota 55102 RE: All licenses held by Shinder`s Book & News, Wabasha Street North in License ID No.: 17465 Dear SirjMadam: Shinder`s Book & News, Inc. djbJa Inc. for the premises located at 389 St. Paul The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses held at the above-named premises. This recommendation is based on the following: On November 16, 1996, you or another employee sold cigarettea to a minor under the age of 18 years in the licensed premises. This is an offense under Minss. Stat. §609.685 and Saiat Paul Legislative Code �324.07. If you do not dispute the above facts, and send me a letter to that effect within 5 days, the case wi11 be set before the City Council. You will have a chance to angear 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 q� �� If you have any questions, you may contact me at 266-8710. Sincerely, �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr, LIEP Christine Rozek, LIEP Mary Nelson, Community Crganizer, Capitol River Council/Dist. #17, 445 Ninnesota St., Suite 524, St. Paul, MN 55101 Page 2 �� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLENENTS, being first duly sworn, deposes and says that on November 27, 1996, she served the attached NOTICE OF VIOLATION on the £ollowing named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Shinder's 389 Wabasha 3treet North St. Paul, MN. 55102 (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 27th day of November, 1996. � � /�G�> � Notary Public • . � RtTA M. BOSSARD � ImTAAY PUBLIC—MINNESOTA RAMSEYCOUNTY �fr Camm. �,ian. ai. z000 °�� \\\ CII'Y OF 5AA'S PAUL II.TERDEPARTMEN7AL MEMORAA�UM DATE: T0; r"?i �: 1?E: November 19, 1996 Robert RessSez Rich Jer.ts ��. Cigazette Compliance Checks On November 16, 1996 between the hours of 8:00 a.m. and 12:00 p.m „�(the female 15-year-old ceccy) �ad 2 msde cigaze::e compliance checks on these besinesses with t2:e ;cllowiag res�lts: S.D. 15501 16157 16928 33368 17465 21859 32179 44032 19509 86393 25622 16068 16165 TFwr Nickey's �:-er Parri=_h's Snpper Club Jubilee ioo3s Just Truffles Shinder's Book 8 News Chsmpps Super pollaz Store Yarmo Liguor Stoze Starting Gate Total N,art West 7th F.,-aco The Maacr The Apotheca_ry Sho� Addresa 1950 West 7th 2176 West 7th 2481 West 7th 350 Y.arket 389 Wabasha 2901 West 7th 24�1 West 7th 2989 West ?th 2515 West 7th 2525 west 7th 2526 West 7th 255� West 7th 354 St. Petes Resulta � Sol@ (M.ar�-o 1!ediwr.$) Sold (Y,arlboro Lighs) Sold (virginia S7_'v:s) Sold (N,arlb�m Lights} Sold (t�SarL3om Liqhts) . No Sale No Sale Na No Sale No Sale No Sale No Sale No Sale Z signed tbe �timec�r3 '_or t*e �ecoy for 3 hours and I sper.t $16.20 fcr cigarettes-. RJ/lb cc: Gary Pectvnann Ginqer Pa,j,�reY Fefez Pangborn . T09ACf.0 COMPUANCE CFiECK fORAA DATE �� // �j TIH� ft/ � TAX L D. NUM9ER NAMEOFCOMPl1ANCEGliECl�Ft S • NAMEOFOFFICER NAMEANDADORESSOFtlCENSEDVESlDOf� �1 �i /"t/��i/ �C?rlrl �'� � — -- . ! ✓ f � � --� WAS THE TOBpCCA - SEIF SERVE? SAIE WAS MAOE YES � NAME OF CLERK: �� DESCRIP110N: � � CHECKABOHTED: YES r��moNU con�Errrs: . . N0: N�; � c 11 \\L ASSISTED?_� MACHP�IE? e�o- �UyLflo�a ��l�S \ �- - r: - - - " - _ _ _ - — _- - - _ _— - - - -_ - - - = - - -- . - - =:;�: . . - - — '"r-s _ . . -- . . - . - . :�=' � . ' e Presented By Referred To Committee: Date .J RESoLVED, that the Licensee, Shinder Book & News, Inc. d1b/a Shinder Book & News, Inc. (License ID No. 17465), located at 389 Wabasha Street North 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 Protection within thirry (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: Adoption Certi£ied by Council Secretary By: �� ` 1� ,..�� Approved by Mayor: Date '2�L1f7 BY: /L`�� " - � Council File # `� \ ` \ Green Sheet #�� RESOLUTION 41NT PAUL, MfNNESOTA BY: �-.��. �7 � Form Approved by City At�ey By: � Approved by Mayor £or Submission to Council Sy: Adopted by Council : Date � q ��, _ S��{r j �� `�� DEPMTMlEH1'pFFICEMAUNCIt OATE INITIATED ,� � v � � orficeof�r v22fm GREEN SHEE CONiACTPERSON 8 PHONE INRIAVDATE - INRIAVDATE � D£PARiMEM DIRE � CIN COUNCiL Christine Rozek, 266-9108 Nu� Foa Q Cf7YATlORNEY O CRY CLERK MUST BE ON CAUNCIL AGENDA BY (OATE) ROUi1NG � BUDGET DIRELTOR � FIN. & MGT. SEqVIC D Feb 5 1997 Public hearin opoE" � MAYOR (OR HSSISTANT] � TOTAL # OF SIGP1AtllRE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Concerning adverse action against licenses held by Shinder Books & News, Inc., located at 389 Wabasha Street North. (Uncontested) RECOMMENDATIONS: Appmve (A� or Reject (RJ pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PIANNING COMMISSIQN __ CIVIL SERVICE CAMMISSION �� Has this person/firm ever xrorked untler a Con[raCt for this department? _ GB CoMMl7'ceE _ YES NO _ S7aFF 2. Has this personflirm ever been a city employee? — YES NO _ DISIAICT COURT _ 3. Does this personRirm possess a skill not normaly possessed by sny cuttent city employeel SUPPORTSWHICriGOUNCiLOHJECTWE? YES NO Explaln all yes answers on separate sheet and attach to green sheet INRIATMG PROBLEM. ISSUE. OPPEfqTUNITV (Who, Whet, When, Whe�e, Why): ' ADVANTAGESIFAPPROVED: � �� s3 �€ a � �,��+� .0'�1�+�� {;C`, � 3 DISADVANTAGES If APPROVED: h ",_ _ r3� .. _ . _ u., �. "�� A�[kQY �S < 1vWtl DISADVANTAGESIFNOTAPPROVED� ' � �"�'—'S�!;a�r„,�,,.,�,�, A tSs� �C�sk.3 a ��' �E� �� J�7 ,� ;� n �sr�:°°� �F��`vR'� C;°�.Sa= TOTAL AMOUNT OF iRANSACTION $ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAI INFORFnATION' (EXPLAIN) .. . OFFICE OF THE CITY ATTORNEY � T+mothy & Marx, City Attamey �� \, CITY OF SAINT PAUL crv,rD;�u;on Norm CoTemm; Mayor 400 Ciry Hall Telephone: 672 266-8710 ISWestKeAoggBlvd Facsimile:67229BS619 Sainr Pau{ dfmnesom 55102 ' �� +��w � . t" .. .. January 15, 1997 � _ - NOTICS OF COIII3CIL HEARING `��"'�� =�.�` � Joel Shinder Shinder's Read More Book Store, Snc. 63 South 9th Street, Suite 202 Minneapolis, Minnesota 55402 RE: Cigarette license held by Shinder's Read More Book Store, Inc. f/k/a Shinder Book & News, Inc. d/b/a Shinder Book & News, Inc. for the premises located at 389 Wabasha Street North in St. Paul License ID No. 17465 Our File Number: G96-057$ Dear Mr. Shinder: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, February 5, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of cigarettes have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Virginia D. Palmer Assistant City Attorney � s ` `� lJ`L�9,/l/ ��LC � V �( � J Very truly yours 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, MN 55101 �� UNCONTESTED LfCENSE HEARfNG Licensee Name: Shinder's Read More Book Store, Inc. f/k/a Shinder Book & News, Inc. d!b/a Shinder Book & News, Inc. Address: 389 Wabasha Street North Council Hearing Date: February 5, 1997 Viofation: Saie of CigaretEes to a Minor Minn. Stat, § 609.685 St. Paul Legislative Code § 324.07 Date: November 16, 1996 Piace: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendatian of Assistant City Attorney on behalf of c{ient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachmen#s: 1. Proposed resolution 2. Letter of {icensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary �� `� Lic ID ................... 17465 STAT.......•••••......... AC Business I3ame............ SHINDER BOOK & NEWS INC Address .................. 389 WABASHA ST N Zip ...................... 55102 Doing Business As........ SHINDER BOOK & NEWS INC License Name ............. CIGARETTE . ORIGINAL CONTAINER E�:p Date ................. 03J31/97 Insurance Carrier....._.. Ins. Policy Number_._.... insurance Effective Date. Ins. E�cpiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ INSPECTOR CHANGE FROM RICH TO DSNVER - lJ6/92 5643492 OS/29/94 227-4344 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° C l� �`\ SHINDER'S READ MOREBOOKSTORElNC. 63 5. 9th St., Suite 202 MftSt3EAPOLiS, MN 55402 7EL. 612-333-70Q2 FAX.672-333-7181 December7,1996 •NEWS•BOOKS•COMICS•S PO RTSCARDS•GAM ES• virginia D. Palmer Assistant City Attorney, Civil Division 400 City Aall 15 West I�ellogg Blvd. St. Paul, MN 55102 U.S. Mail REF: Cigarette Sale to Minor, 11/16J96 License No. 17465 Dear Ms. Palmer: Kindly include this communication to the City Council in your packet to council members for the sessian in whiCh my appearance for the referenced incident will occur. Dear St. Paul City Council Members: Shinder�s is a small retail chain of thirteen stores operating only in the Minnesota portions of the 'I'win Cities' metropolitan a�ea. Although all stores are subject to the same state law, only our two Minneapolis stores are subject to the same municipal law affecting tobacca-related sales. All other stores suffer from variable and changing regulations difficult to monitor, follow, teach and enforce from central management level. Like newsstands worldwide, Shinfler's sells tobacco-related products consisting mostly of cigarettes. Our stores also sell comics anfl collectible sportscards and gamecards, products which attract minors inta our stores for these challenging and healthy leisure-time activities. Because minors frequent our cigarette- selling stores, we are targets for sting operations that various governing authorities have established in order to test merchant c�ttpliance with the several laws which seek to restrict saies of tobacco-related items to minors. whether the stings are civii or criminal, whether the consequences bear on us or on the clerks or on both, because we are targets, our management does its very best to train all cashiers NOT to sell to minors. I have enclosed a Copy of page nineteen from our most recently issued employee handbook, dated July 30, 1995, a book which is distributed to every new hire with the first paycheck and to all employees with each new edition. Please read our long-standing disciplinary rules for tobacco sales to minors, §VI.A.5.a. All cashiers are trained on a cash register manual which references the,handbook, �Z \`� pages two and thirteen of that manual enciosed tsee §II.B. on page 2 and AE on page i3}. As you can see from our general handbook, we try to warn ett+pioyees of the most dire consequences provided by the law £or selling tobacco to minors. This is because our stores each operate in different municipalities, each with different laws, and because some employees move from store to store, they need ta know worst-case scenarios. Y1e as a company advocate . arew�flP attempts to prevent minors� accessing tobacco-related products. we do our best to train all staff as though the strictest iaw applicabie to one of our stores applied to all stores, but training new-hires in today's market is practically without result when entYy-level turnover is so high and when clerks may learn that the rules we enforce and the threats we make might not actually apply to them in the town where they work. Unfortunately, despite the fact that uniform codes have been adopted for other purposes statewide and nationwide, attempts to rationalize tobacco access laws have failed in Minnesota. Quite frankly, merchants can only act effectively within a framework of wise policy which Ieads to laws that make sense, that are fair, that people will respect, and that work efficientiy to achieve the goal intendefl. Present law is bound to fai1, hurts the people who need to make enforcement happen, creates scofflaws in St. Paul, and frustrates everyone. Please get serious about minors� access to tobacco-related products, but please recruit merchants in your campaign rather than alienate, weaken, threaten and banish them. If policy is, "Selling cigarettes in St. Paul is legal, except for sales to minors,�� then suspend or revoke licenses or levy fines ONLY when ownership or management can be shown to have failed to comply with rules in TfiEIR contral. We literally cannot control the quality of person wha is available for entry-level positions today. They often fail to be careful, they often suffer absolutely no consequences personaliy, they leave e�nployment even before training is complete, they lack motivation, and they often lack basic skills. This is "Generat�ion Zero" for small retail employers, beiieve me. worse, current law will punish a store manager who might be cc�mpletely innocent when a clerk makes an illegal sale. The manager could quit simply because the situation is so unfair. The person who trains and enforces is thereby lost. Let us examine the present case. Our entry level clerks are the people who sell aur cigarettes to the public. Two clerks were working when the °sting° occurred, i3ovember 16, 199b. The clerk who appears to have made the illegal sale is Edward R. Ryan, hired 8J24j96, quitting effective 12j8/96. Ed works two weekend days only. His caworker 11J16 was 3aymey A. Johnson, hired 8/22j95, today being his last day. He had given us notice Iast month that he '�was taking the winter off." Both know our rules. The sales station has calendars and signs. Both received our handbook and learned the register from its manual. Ed failed to do his duty. He had already infozzned us that he was leaving, so there is absolutely no discipline available ta me in his case. Neither Ed nor Jaymey, who knew about the sting, came forward to te21 their manager, Tom Dolan, that it had occurred. 'I`Yie City mailed the notice to the store, not to the owner/manager address, so we did .TOel Shinder to City Council, St. ?aul Page 2 of 7 Pages �� \\L not 7rnow at cosporate ievel what had occurred. The store received its notice oA a day when the manager was not working. Someone conveniently buried the mail under a pile of periodicals. The notice would have been received on Nov�nber 29, a day when Jaymey worked. T�n found the mail yesterday and faxed the notice to me at once. Jaymey, when called, told Tom that the sting officer had pramised to visit Tom the next. day after the sting, a day when Tom did work, but no such visit occurred. F'urthermore, the sting was a civi.l affair with absolutely no adverse consequences to the clerk who did the wrong thing. In other words, no punishment in this case will change ANYONE�S behavior. To the extent that your ordinance is presumably designed to bring about behavioral change amongst those workers actually on the line, no change will result from adverse action here, eaccept one possible change. The merchant might become less capable of effecting desired change amongst his staff! It seems entirely unfair and ineffective to punish Shinder's by fine or by warning or by an adverse action against its license on facts such as these. Indeed, the threat noticed to us by the November 26th letter to the store is that AL,L of our licenses are under a cloud. One of our licenses is for our security system. I simply cannot do Tausiness in a city with as many risks as we face in downtown St. Pau1 without security capability. If Shinder's pays a fine, given our declining sales in downtosvn St. Paul, Shinder's will be less able to train and to reward staff for doing the right thing. If Shinder�s loses or suffers license suspension, Shinder�s will be even less able to do its part in your program, and St. Paul will lose sales t� revenues. Employees who see Ed and Jaymey and their likes go without punishment or consequence will learn to scoff the law, and Shinder•s will have even fewer management tools to effect the desired behaviorai Changes. vaell-intentioned Minnesota laws have now made our children violent. Criminal dealers over the age of eighteen recruit minors to do the wrong thing, and their propensity to violence, unregulated by the conceYns of maturity, is huge. On top of this horrible situation, now our state and our municipalities have created a monstrous morass of inerchant misdeeds that merchants simply cannot control. This makes NO sense whatsoever. My clerks fear knife- and gun-toting teens LOTS more than they care about cig-smoking youth, and as political leaders of your community you need to know this. A few months ago we had a gang assault in our store. The police response was sufficiently unsatisfactory that I had to speak with several officials about the serious concerns we have on Wabasha. When a seventeen-year-o1d gang-acting youth demands that a lone clerk sell him a pack of cigarettes, and the clerk refuses, what do you think is going through the clerk�s mind? Compliance with the law ar self-de£ense? Shinder's policy should be this: Clerks should telephone 9i1 each and evexy time a minor attempts to purchase cigarettes. However, if my cierks thought that the police were too slow to come when a gang beating commenced in our store, how promptly do you triink police would respond to a 911 ca11 to apprehend a minor seeking smokes? If Shinder's were to call 911 each and eveYy tizne 3oe1 5hinder to City Co,:ncil, St. Paul Page 3 of 7 Pages GZ \�.\ a minor tried to break the law in this area, 911 would be swamped and dire near-term situations would not be addressed, but the long-terni goal of reducing 2�abitual smokers would be achieved. AddiCionally, with a 911-call program we would have a record d�nonstrating the effectiveness o£ a merchant's training program. Presently, the occasional sting will trap anyone at some point, because perceptions o£ age differ from one person to the next. The stings test Shinder's most particularly, given our attraction for youthful clientele. Wrongly, your present program rewards no one for proper behavior. Nuclear deterrence works under some conditians, not under other conditions, but one thing is for sure, it creates lots of bombs? In the business forum, INCENTIVES are what work� and your program offers no rewards or incentives for correct behavior. It just bombs the businesses. Enforcement peopie don�t like to think that you have to pay f or iegal behavior, but in business yau MUST pay for desired behavior. Taxes are structured in part £or revenue and in part to achieve social or economic goals through incentive/disincentive terms. Your program offers the disincentive without the inCentive. It cannot work. It will only punish your ally in the program, the employer. It will never give the actor, the lowest person on the retail feeding chain, any reason ta do the right thing. Please recruit me as your ally in this valuable effort. As adversaries we will go nowhere. My father and his youngest brother died from lung cancer, Dan in 1s77, Bill just last month. I sell cigarettes because they are a 1ega1 product that other nevasdealers also sell. I will gladly stop selling cigarettes if the City of St. Paul bans the sale of cigarettes in the City of St. Paul. iSntil then, please hold Shinder�s harmless in this case and help us stay even with the competition in a fair marketplace where badly behaving employees are punished and where concerned, cooperating employers are helped. Sincerely, '� �. Soel Shinder, Chairman �� j . lz�� j y� Joel Shinder to City Cowzcil, St. ?aul Page 4 of 7 Pages �� \�� VI. Dsscipline, Termination & Grievance A. Discipfine '� Page q . � Shinder's hires oni those eo Ie it ez L � Y P p pects to be capable ot pertorming weif. Either ihe empioyee or ShindeTs mzy terminate the emptoyment relationship at any Ume for accy reason without notice. As in any emptoyment setting, ShinderS haS cErtein rules flnd BxpectaEions foc iLS Ctnpbyees. If Shinde�s is dissaUSfied with the pertormance ot an empbyee, it may try to correct the situation. The steps taken wfA be ihose �at management 4elieves &re best suited io the particu(ar circumstances. it is impossDte in ;dvance to specity what sfeps wili be taken in all circumsiances. Shinders may take the following steps to dea( with unsatisfactory performance or other prob[ems: i. Discussthe maifer snforma)fy wiih the employee invofved 2. Oraliy wazn the emptoyee • 3. Give the employee a wriiten warning d. Suspend the empbyee ' 5. Terminate the employmerrt ` Not aA of the st=ps above wiA be taken in every case, nor wiii the �rder of steps 2ppiy to every cas=, and whMh sieps are actually taken in a particular instance is to be decitled by Shinder's management in its sate tliscretion. „� _ To heip empioyees understand what is expected of them, we iist the taflowing examptes of actions thzi are not acceptabte and that may be grounds for ducipline, up to and inciuding dismissal This list is not intended to be exclusive. � A in in vio(aiion of iaw wi[hin th �o of m(�oyment a in such a man r e tn a��a. � imgact the em�lo�er. Twa crrt�cai areas of concem in this community are (} sate of tobacco producis to minors and (i) safe of aduh rriateriats to minas. The latter iru�udes yous comptying with the manner in which aduh-wiented materiais aze to be dispiayed, as prescribed by Shinder's in ihe Sight of the law. You must not seil tobacco products a adutt materials to minws or allow miriors to txowse among these prod��cts. Ask for verificatlon ot age and deny service to anyone who refuses or is unab{e to show proof of age. increasingiy, communities are � assessing larger and Iarger fines against ths empioyee who setis tobaxo products or aduft materiats to minors. Penahies also run against the marrage.r who shouid have trained the emptoyee better. U�der the iaw, yaur pay�ng such fines is your personaf obfigation, not Shinder's. Fnes may be severai thousand doliazs. b} Creatina a�strir rr r th �^] SRQ SEl"t ^({VP{Cp jip�ycts normat retail on ratione c) Damaomo �omp n r pgny mfentionatfy or neoiiggn� C�� 1.^.Q C� tIR7E f0(p@f50f1di fP.95ARC iR a mannor thnt �r1..��,t..:.............._.,s._ _ ancs�erurrt_v. Exampies of ihis i�Gude,. but are not limited to: (1} excessive visfting with iriends, family or coworkers on duty, w abusive personal use of telephones t (2) on register duty, reading anything and not supervising customers fa service and securiiy (3) off register duty, reading anything other than a Shinder's publicat+on w job-relateci mazerials {a) example: while pricing comic books, reading the comic may be grounds fw . - �-• terminatian - — (b) exampie: whils pricing comic books, looking for missing pages, tears, or artist is proper e) Viotating merchand'sse borrow or cash draw poGcies, practices and procedures f} �isifvina ccmoa�v rec��+c rx faifing to lPato and �rovid r�trirad c�mp�ny recrrrtc rnar a.o tr rrhfr i a r rat and molet . R company �ecord is any documentation required in_ the course of doing business. This would include providing {egitimate receipts from vendors or obtaining signatures and ID information from persons who se0 to us or trade/exchange with us. Shinder's is required to obiain these records by the Federai and state governmerrts. Not cooperatirrg v+rth us in 2his ettort is a serious securs2y failing. g} Wh's{e on d rtv d aiin4 in, usino or beino ��n�iar rna r„fi� �on�e „o �Il.�....� ... .......�„u,..s _..�"""' Oate Printed: Juiy 36,1996 � � 7 �, c) experienced casfiier, two sessions, four tn six fiou[s each ti) �a�x�ss (aXi)'*(�+(3) and con5rm a�erence to ow habit pattern C2) camPmss (bX1)+{2) - - _ - - . - 3. CONICLUDE WITH GENERAL SALES CLERK 3RAIIQIr7G, AS APPROPRL4TE a) pomt-of-sale area mamtenanca b) sapez`iisia8 customeas for securiry and service c) mmor receiving & disptay, if relevant 4. Make sure rhe new fii� uses his or her own Iog-on code number B. REMII��IBER: SUPERVISE THE RECIIVT-HIItEt 1. OBSERVE REGISTER HAI�TDI.dNG z�oxcs & ca�c�r s) ATRUSHHOUR b) AURIIdG QUIETPERIODS 2. REVIEW ATPREQUENTIIdTERVALS � . .. �� \\\ �` < II. TO CANDII?ATES FOR A CLERK POSTITON AT SHINDER`S: A. THIS MANUAL CONTAINS COMPANY POLICIES FOR: 1. THE OPERA'ITOAI OF ITS CASH REGIST'HRS -- - "" 2. EMPLOYEfi CONDUCT AT SAI.ES POSITTONS, AND 3. RELATED TOPICS. B. RELATIONSHLP OF THIS MANi7AL TO EMPLOYEE HANUBOOK The mles stated here aze incorporated into the empioyee handbook, which employee receives at hiring. Without further wanun¢ or notice vou vnde C. C� E. Shinder's An experienced sales clerk will introduce you to this manual, to your duties, and to the cash register whose operation is described here. You will receive a brief tour of the siore To heIp you identify the depaztments into which we record our sales. You will then operate the cash register for actual sales under the guidance of an ezperienced clerk. That person wiil report your progress to the store manager. As you progress, the training cierk will slip into the background and, when it seems appropriate, you will opeiate the most active sales posiaon in your store alone. This will enable you to apply your knowiedge and develop speed. At any stage, don't hesitate to ask questions. A more experienced clerk should always be close at hand, mady and willing to respond and keep you from forming bad habits. DRAS�VER ASSIGNMIN'T Trainers and trainees share a register. However, once trained, cashiers are to work their own register drawers withont sharing. Cashier duty begins with a balanced drawer and ends with a balanced drawer (occasional spot checks are made and secret shoppers are in use). A FULLY-TRAINED SALES CLERK WII.I, PERFORM THFSE FUNCTIONS I. GREEI' ARRIVING AND DEFARTIIVG CUSTOMERS 2. SUPERVISE FOR SECtIRITY, SAL.ES AND SERVICE 3. CdAiDUCT SALFS 4. PROCESS MERCHADIDISEATSALES STATtONS Handling �rcBa�tise may involve liftin8 P��Bes arovnd seveuty poimds. Know how to lift safelyr 5. WORR WITTi SALF.S DISPLAYS 6. PERFORM MAIl�ITER'ANCE pR OPIItATIONAL TASKS 7. COMMUHICATE WI1Ii CQWORKERS, MArIAGER, SUPERVISOR AND CORPORATE OFFICE (abbreviated as "CO") ' a) Use contQany phones, caIling the apptopriate pazty at the appmpriate 2ime, given the nahue of the situation . b) Use compaay fax machine for writfen reparts F. GooD Lucx! III. CASH REGIS'TER TRAINING A, FYample of typical cash sales procedure Casio Clerk Manuai -2- August 10, 1993 r /�`�� 7 � J �. 1 V. W. X. Y. Z. AA. � AC. AD. AE AF. q'\-\�� Q. Smoke only in designated areas, and don't smoke, drink, or eat in custome�s faces R. Be polite, helpful, and businesslike S. Use appropriate Ianguage and do not spread rumors or engage in idIe gossip T. Direct diffieult customer service quesfions or complaints to CO -° - U. Dress properly for the weathes, personal safety, tfie conditions of your job, and to a styIe consistent vnth your store's clieatele and our chain standard Attend to peisonal hygiene before work beginsl Your appearance and safety aze very unportant empIoyes concems. L Weaz no shorts or cni-offs 2. '4Vear no tattered attire, na aztictes wirfi hoIes 3. Wear no provocafive styles : 4. Awid soiled cIozhing Take breaks consistent with store requirements and supeivisor's instructions While on company rime, 1. Make and ieceive no �csonal telephone calls 2. Entertam no personal �isitors 3. Aua no personaI etrands Interrupt business callers to servicz in-store customers _ _�, -- _. Politely place non-emergency calIers on hold and satisfy the in-store, cash-paying customer first! However, always mtetrupt a person selling TO us in order fo answer a customer on the phone. Your priorities are PERSONAL SAFETY, then making SALES, then providing SERVICE which may lead to sales, then performing other functions. Tlius, intemipt sellers to us in order to service customers buying from us. , Preserve our confidentiality and protect our property; including informatiori Tell no one our company costs, employee discount rates, and supplier names, addresses and telephone numbers. Such information is not considered "customer service!" It is proprietary information we will not share. Also, customers are not aliowed to use our inventory as a library banl� Browsing through books, magazines, etc., is acceptable if the intent is W purchase. If the intent is to learn or record informafion, noi to make a purchase, suggest that the customer make a purchase. We aiso will not share the telephone numbers or address of any of our empioyees. Phone lists are for our business use only. SeEk opportunities to increase sales profitably and to reduce costs effectively Keep safety in mind at all fimes Carnct any unsafe condition within your 1rnowIedge and capacity; call CO to report those needs you cannot cotrect; follow up calls with report of whether or not the pmblem was resolved fo your satisfac6on and need Fxamples: 1. Mainfain cleat walkways and aisies 2. AIIow no ice/snow buildup 3. Slraighten area mgs and entry mats 4. Tolezate no fiazard and be alert to the exisfence of any Be aware of air temperature and movement Catl CO for correcdon of heating, ventilating or air condirioning problems. Uncomfortabie cierks work less effrcienfly. Uncomfortable customers buy less. Regulazty communicate problems with reorders Reference your Employee Handbook frequentty � Follow aii rules and regutations, know and apply alI company policies, and obey the law PREVENT LOSSES Attending to the security of company cash and merchandise is an important company goai. PRO'TECf YOUR HAI2D WORK! Aiso, prevent harm to yourseif and others. This effort wilI reduce workers' compensafion claims and insurance costs and it will help us avoid Iegal actions against Shinder's which could result in higher insurance costs. Ciaims and costs incurred will cut into your wages. 2. Keep register drawa clased at all times except to complefe saIes and other finali�ations. 2. Leave no company or employee store keys, security codes at safe combinations tmguarded 3. Keep secure areas, cases and drawers Iocked 4. Do not bundle ctufency at the register starion Casio CIerk Manual -13- August 10, 1993 7 � ✓�lt � I �Z `�� SHtNDER'S READ MORE SOOK STORE INC. 63 S. 9th St., Suite 202 MlidtVEAPOtiS, MIV 55402 TEL.612-333-7002 FAX.612-333-718i 4ecember 6,1996 •NEWS�BOOKS•COA9ICS•SPORTSCARDS•GAMES- Virginia D. Palmer, Assistant City Attorney Civil Division 400 City xall 15 west Kellogg Blvd. St. Pdul, MN 55102 Dear Ms. Palmer: Mail & Fa3c, 298-5619 This fax consists of one page REF: Cigarette Sale to Minor 11/16/96 License No. 17465 Thank you very much for telephoning me in response to my letter dated yesterday and for describing my procedural options. Yes, I hereby request the opportunity to appear before the City Council in order to expiain mitigating circumstances which should apply in this case. When you receive the schedule, the agenda and our number, kindly inform me at this office of these facts and o£ your estimate respecting the approximate time for my appearance. 3peak with Jeffrey Pomone, my assistant, should I be unavailable. I will.be aut of town December 21 through December 28. Sincerely, Soel Shinder, Chairman �� b�_.��_:.�:� �-^ no .r� f..+i4 '.� l.��6� G�•a`= . � � �F" r�`�`_: � :�� ,�T'�a �... > b a E'1 : C't.,� L��4 .e�� ffi OFFICF F THE CITY ATTORNEY Timothy w_. asx Ciry Anorney ---�` � ` ��` CITY OF St�INT PALTL Norm Colemtrn, Mayos November 26, 199F Civil Divitiort 400 Ciry Hall IS A'est Xe7loggBlvd Samt Pau� Mmnesom 55101 Telephone: 611166-8i10 FauSnile: 671198-5619 NOTIC$ OF V207�ATION Owner/Manager Shinder's 389 Wabasha Street North Saint Paul, Minnesota 55102 RE: All licenses held by Shinder`s Book & News, Wabasha Street North in License ID No.: 17465 Dear SirjMadam: Shinder`s Book & News, Inc. djbJa Inc. for the premises located at 389 St. Paul The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses held at the above-named premises. This recommendation is based on the following: On November 16, 1996, you or another employee sold cigarettea to a minor under the age of 18 years in the licensed premises. This is an offense under Minss. Stat. §609.685 and Saiat Paul Legislative Code �324.07. If you do not dispute the above facts, and send me a letter to that effect within 5 days, the case wi11 be set before the City Council. You will have a chance to angear 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 q� �� If you have any questions, you may contact me at 266-8710. Sincerely, �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr, LIEP Christine Rozek, LIEP Mary Nelson, Community Crganizer, Capitol River Council/Dist. #17, 445 Ninnesota St., Suite 524, St. Paul, MN 55101 Page 2 �� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLENENTS, being first duly sworn, deposes and says that on November 27, 1996, she served the attached NOTICE OF VIOLATION on the £ollowing named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Shinder's 389 Wabasha 3treet North St. Paul, MN. 55102 (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 27th day of November, 1996. � � /�G�> � Notary Public • . � RtTA M. BOSSARD � ImTAAY PUBLIC—MINNESOTA RAMSEYCOUNTY �fr Camm. �,ian. ai. z000 °�� \\\ CII'Y OF 5AA'S PAUL II.TERDEPARTMEN7AL MEMORAA�UM DATE: T0; r"?i �: 1?E: November 19, 1996 Robert RessSez Rich Jer.ts ��. Cigazette Compliance Checks On November 16, 1996 between the hours of 8:00 a.m. and 12:00 p.m „�(the female 15-year-old ceccy) �ad 2 msde cigaze::e compliance checks on these besinesses with t2:e ;cllowiag res�lts: S.D. 15501 16157 16928 33368 17465 21859 32179 44032 19509 86393 25622 16068 16165 TFwr Nickey's �:-er Parri=_h's Snpper Club Jubilee ioo3s Just Truffles Shinder's Book 8 News Chsmpps Super pollaz Store Yarmo Liguor Stoze Starting Gate Total N,art West 7th F.,-aco The Maacr The Apotheca_ry Sho� Addresa 1950 West 7th 2176 West 7th 2481 West 7th 350 Y.arket 389 Wabasha 2901 West 7th 24�1 West 7th 2989 West ?th 2515 West 7th 2525 west 7th 2526 West 7th 255� West 7th 354 St. Petes Resulta � Sol@ (M.ar�-o 1!ediwr.$) Sold (Y,arlboro Lighs) Sold (virginia S7_'v:s) Sold (N,arlb�m Lights} Sold (t�SarL3om Liqhts) . No Sale No Sale Na No Sale No Sale No Sale No Sale No Sale Z signed tbe �timec�r3 '_or t*e �ecoy for 3 hours and I sper.t $16.20 fcr cigarettes-. RJ/lb cc: Gary Pectvnann Ginqer Pa,j,�reY Fefez Pangborn . T09ACf.0 COMPUANCE CFiECK fORAA DATE �� // �j TIH� ft/ � TAX L D. NUM9ER NAMEOFCOMPl1ANCEGliECl�Ft S • NAMEOFOFFICER NAMEANDADORESSOFtlCENSEDVESlDOf� �1 �i /"t/��i/ �C?rlrl �'� � — -- . ! ✓ f � � --� WAS THE TOBpCCA - SEIF SERVE? SAIE WAS MAOE YES � NAME OF CLERK: �� DESCRIP110N: � � CHECKABOHTED: YES r��moNU con�Errrs: . . N0: N�; � c 11 \\L ASSISTED?_� MACHP�IE? e�o- �UyLflo�a ��l�S \ �- - r: - - - " - _ _ _ - — _- - - _ _— - - - -_ - - - = - - -- . - - =:;�: . . - - — '"r-s _ . . -- . . - . - . :�=' � . ' e Presented By Referred To Committee: Date .J RESoLVED, that the Licensee, Shinder Book & News, Inc. d1b/a Shinder Book & News, Inc. (License ID No. 17465), located at 389 Wabasha Street North 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 Protection within thirry (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: Adoption Certi£ied by Council Secretary By: �� ` 1� ,..�� Approved by Mayor: Date '2�L1f7 BY: /L`�� " - � Council File # `� \ ` \ Green Sheet #�� RESOLUTION 41NT PAUL, MfNNESOTA BY: �-.��. �7 � Form Approved by City At�ey By: � Approved by Mayor £or Submission to Council Sy: Adopted by Council : Date � q ��, _ S��{r j �� `�� DEPMTMlEH1'pFFICEMAUNCIt OATE INITIATED ,� � v � � orficeof�r v22fm GREEN SHEE CONiACTPERSON 8 PHONE INRIAVDATE - INRIAVDATE � D£PARiMEM DIRE � CIN COUNCiL Christine Rozek, 266-9108 Nu� Foa Q Cf7YATlORNEY O CRY CLERK MUST BE ON CAUNCIL AGENDA BY (OATE) ROUi1NG � BUDGET DIRELTOR � FIN. & MGT. SEqVIC D Feb 5 1997 Public hearin opoE" � MAYOR (OR HSSISTANT] � TOTAL # OF SIGP1AtllRE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Concerning adverse action against licenses held by Shinder Books & News, Inc., located at 389 Wabasha Street North. (Uncontested) RECOMMENDATIONS: Appmve (A� or Reject (RJ pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: _ PIANNING COMMISSIQN __ CIVIL SERVICE CAMMISSION �� Has this person/firm ever xrorked untler a Con[raCt for this department? _ GB CoMMl7'ceE _ YES NO _ S7aFF 2. Has this personflirm ever been a city employee? — YES NO _ DISIAICT COURT _ 3. Does this personRirm possess a skill not normaly possessed by sny cuttent city employeel SUPPORTSWHICriGOUNCiLOHJECTWE? YES NO Explaln all yes answers on separate sheet and attach to green sheet INRIATMG PROBLEM. ISSUE. OPPEfqTUNITV (Who, Whet, When, Whe�e, Why): ' ADVANTAGESIFAPPROVED: � �� s3 �€ a � �,��+� .0'�1�+�� {;C`, � 3 DISADVANTAGES If APPROVED: h ",_ _ r3� .. _ . _ u., �. "�� A�[kQY �S < 1vWtl DISADVANTAGESIFNOTAPPROVED� ' � �"�'—'S�!;a�r„,�,,.,�,�, A tSs� �C�sk.3 a ��' �E� �� J�7 ,� ;� n �sr�:°°� �F��`vR'� C;°�.Sa= TOTAL AMOUNT OF iRANSACTION $ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITY NUMBER FINANCIAI INFORFnATION' (EXPLAIN) .. . OFFICE OF THE CITY ATTORNEY � T+mothy & Marx, City Attamey �� \, CITY OF SAINT PAUL crv,rD;�u;on Norm CoTemm; Mayor 400 Ciry Hall Telephone: 672 266-8710 ISWestKeAoggBlvd Facsimile:67229BS619 Sainr Pau{ dfmnesom 55102 ' �� +��w � . t" .. .. January 15, 1997 � _ - NOTICS OF COIII3CIL HEARING `��"'�� =�.�` � Joel Shinder Shinder's Read More Book Store, Snc. 63 South 9th Street, Suite 202 Minneapolis, Minnesota 55402 RE: Cigarette license held by Shinder's Read More Book Store, Inc. f/k/a Shinder Book & News, Inc. d/b/a Shinder Book & News, Inc. for the premises located at 389 Wabasha Street North in St. Paul License ID No. 17465 Our File Number: G96-057$ Dear Mr. Shinder: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wednesday, February 5, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of cigarettes have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Virginia D. Palmer Assistant City Attorney � s ` `� lJ`L�9,/l/ ��LC � V �( � J Very truly yours 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, MN 55101 �� UNCONTESTED LfCENSE HEARfNG Licensee Name: Shinder's Read More Book Store, Inc. f/k/a Shinder Book & News, Inc. d!b/a Shinder Book & News, Inc. Address: 389 Wabasha Street North Council Hearing Date: February 5, 1997 Viofation: Saie of CigaretEes to a Minor Minn. Stat, § 609.685 St. Paul Legislative Code § 324.07 Date: November 16, 1996 Piace: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendatian of Assistant City Attorney on behalf of c{ient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachmen#s: 1. Proposed resolution 2. Letter of {icensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary �� `� Lic ID ................... 17465 STAT.......•••••......... AC Business I3ame............ SHINDER BOOK & NEWS INC Address .................. 389 WABASHA ST N Zip ...................... 55102 Doing Business As........ SHINDER BOOK & NEWS INC License Name ............. CIGARETTE . ORIGINAL CONTAINER E�:p Date ................. 03J31/97 Insurance Carrier....._.. Ins. Policy Number_._.... insurance Effective Date. Ins. E�cpiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ INSPECTOR CHANGE FROM RICH TO DSNVER - lJ6/92 5643492 OS/29/94 227-4344 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° C l� �`\ SHINDER'S READ MOREBOOKSTORElNC. 63 5. 9th St., Suite 202 MftSt3EAPOLiS, MN 55402 7EL. 612-333-70Q2 FAX.672-333-7181 December7,1996 •NEWS•BOOKS•COMICS•S PO RTSCARDS•GAM ES• virginia D. Palmer Assistant City Attorney, Civil Division 400 City Aall 15 West I�ellogg Blvd. St. Paul, MN 55102 U.S. Mail REF: Cigarette Sale to Minor, 11/16J96 License No. 17465 Dear Ms. Palmer: Kindly include this communication to the City Council in your packet to council members for the sessian in whiCh my appearance for the referenced incident will occur. Dear St. Paul City Council Members: Shinder�s is a small retail chain of thirteen stores operating only in the Minnesota portions of the 'I'win Cities' metropolitan a�ea. Although all stores are subject to the same state law, only our two Minneapolis stores are subject to the same municipal law affecting tobacca-related sales. All other stores suffer from variable and changing regulations difficult to monitor, follow, teach and enforce from central management level. Like newsstands worldwide, Shinfler's sells tobacco-related products consisting mostly of cigarettes. Our stores also sell comics anfl collectible sportscards and gamecards, products which attract minors inta our stores for these challenging and healthy leisure-time activities. Because minors frequent our cigarette- selling stores, we are targets for sting operations that various governing authorities have established in order to test merchant c�ttpliance with the several laws which seek to restrict saies of tobacco-related items to minors. whether the stings are civii or criminal, whether the consequences bear on us or on the clerks or on both, because we are targets, our management does its very best to train all cashiers NOT to sell to minors. I have enclosed a Copy of page nineteen from our most recently issued employee handbook, dated July 30, 1995, a book which is distributed to every new hire with the first paycheck and to all employees with each new edition. Please read our long-standing disciplinary rules for tobacco sales to minors, §VI.A.5.a. All cashiers are trained on a cash register manual which references the,handbook, �Z \`� pages two and thirteen of that manual enciosed tsee §II.B. on page 2 and AE on page i3}. As you can see from our general handbook, we try to warn ett+pioyees of the most dire consequences provided by the law £or selling tobacco to minors. This is because our stores each operate in different municipalities, each with different laws, and because some employees move from store to store, they need ta know worst-case scenarios. Y1e as a company advocate . arew�flP attempts to prevent minors� accessing tobacco-related products. we do our best to train all staff as though the strictest iaw applicabie to one of our stores applied to all stores, but training new-hires in today's market is practically without result when entYy-level turnover is so high and when clerks may learn that the rules we enforce and the threats we make might not actually apply to them in the town where they work. Unfortunately, despite the fact that uniform codes have been adopted for other purposes statewide and nationwide, attempts to rationalize tobacco access laws have failed in Minnesota. Quite frankly, merchants can only act effectively within a framework of wise policy which Ieads to laws that make sense, that are fair, that people will respect, and that work efficientiy to achieve the goal intendefl. Present law is bound to fai1, hurts the people who need to make enforcement happen, creates scofflaws in St. Paul, and frustrates everyone. Please get serious about minors� access to tobacco-related products, but please recruit merchants in your campaign rather than alienate, weaken, threaten and banish them. If policy is, "Selling cigarettes in St. Paul is legal, except for sales to minors,�� then suspend or revoke licenses or levy fines ONLY when ownership or management can be shown to have failed to comply with rules in TfiEIR contral. We literally cannot control the quality of person wha is available for entry-level positions today. They often fail to be careful, they often suffer absolutely no consequences personaliy, they leave e�nployment even before training is complete, they lack motivation, and they often lack basic skills. This is "Generat�ion Zero" for small retail employers, beiieve me. worse, current law will punish a store manager who might be cc�mpletely innocent when a clerk makes an illegal sale. The manager could quit simply because the situation is so unfair. The person who trains and enforces is thereby lost. Let us examine the present case. Our entry level clerks are the people who sell aur cigarettes to the public. Two clerks were working when the °sting° occurred, i3ovember 16, 199b. The clerk who appears to have made the illegal sale is Edward R. Ryan, hired 8J24j96, quitting effective 12j8/96. Ed works two weekend days only. His caworker 11J16 was 3aymey A. Johnson, hired 8/22j95, today being his last day. He had given us notice Iast month that he '�was taking the winter off." Both know our rules. The sales station has calendars and signs. Both received our handbook and learned the register from its manual. Ed failed to do his duty. He had already infozzned us that he was leaving, so there is absolutely no discipline available ta me in his case. Neither Ed nor Jaymey, who knew about the sting, came forward to te21 their manager, Tom Dolan, that it had occurred. 'I`Yie City mailed the notice to the store, not to the owner/manager address, so we did .TOel Shinder to City Council, St. ?aul Page 2 of 7 Pages �� \\L not 7rnow at cosporate ievel what had occurred. The store received its notice oA a day when the manager was not working. Someone conveniently buried the mail under a pile of periodicals. The notice would have been received on Nov�nber 29, a day when Jaymey worked. T�n found the mail yesterday and faxed the notice to me at once. Jaymey, when called, told Tom that the sting officer had pramised to visit Tom the next. day after the sting, a day when Tom did work, but no such visit occurred. F'urthermore, the sting was a civi.l affair with absolutely no adverse consequences to the clerk who did the wrong thing. In other words, no punishment in this case will change ANYONE�S behavior. To the extent that your ordinance is presumably designed to bring about behavioral change amongst those workers actually on the line, no change will result from adverse action here, eaccept one possible change. The merchant might become less capable of effecting desired change amongst his staff! It seems entirely unfair and ineffective to punish Shinder's by fine or by warning or by an adverse action against its license on facts such as these. Indeed, the threat noticed to us by the November 26th letter to the store is that AL,L of our licenses are under a cloud. One of our licenses is for our security system. I simply cannot do Tausiness in a city with as many risks as we face in downtown St. Pau1 without security capability. If Shinder's pays a fine, given our declining sales in downtosvn St. Paul, Shinder's will be less able to train and to reward staff for doing the right thing. If Shinder�s loses or suffers license suspension, Shinder�s will be even less able to do its part in your program, and St. Paul will lose sales t� revenues. Employees who see Ed and Jaymey and their likes go without punishment or consequence will learn to scoff the law, and Shinder•s will have even fewer management tools to effect the desired behaviorai Changes. vaell-intentioned Minnesota laws have now made our children violent. Criminal dealers over the age of eighteen recruit minors to do the wrong thing, and their propensity to violence, unregulated by the conceYns of maturity, is huge. On top of this horrible situation, now our state and our municipalities have created a monstrous morass of inerchant misdeeds that merchants simply cannot control. This makes NO sense whatsoever. My clerks fear knife- and gun-toting teens LOTS more than they care about cig-smoking youth, and as political leaders of your community you need to know this. A few months ago we had a gang assault in our store. The police response was sufficiently unsatisfactory that I had to speak with several officials about the serious concerns we have on Wabasha. When a seventeen-year-o1d gang-acting youth demands that a lone clerk sell him a pack of cigarettes, and the clerk refuses, what do you think is going through the clerk�s mind? Compliance with the law ar self-de£ense? Shinder's policy should be this: Clerks should telephone 9i1 each and evexy time a minor attempts to purchase cigarettes. However, if my cierks thought that the police were too slow to come when a gang beating commenced in our store, how promptly do you triink police would respond to a 911 ca11 to apprehend a minor seeking smokes? If Shinder's were to call 911 each and eveYy tizne 3oe1 5hinder to City Co,:ncil, St. Paul Page 3 of 7 Pages GZ \�.\ a minor tried to break the law in this area, 911 would be swamped and dire near-term situations would not be addressed, but the long-terni goal of reducing 2�abitual smokers would be achieved. AddiCionally, with a 911-call program we would have a record d�nonstrating the effectiveness o£ a merchant's training program. Presently, the occasional sting will trap anyone at some point, because perceptions o£ age differ from one person to the next. The stings test Shinder's most particularly, given our attraction for youthful clientele. Wrongly, your present program rewards no one for proper behavior. Nuclear deterrence works under some conditians, not under other conditions, but one thing is for sure, it creates lots of bombs? In the business forum, INCENTIVES are what work� and your program offers no rewards or incentives for correct behavior. It just bombs the businesses. Enforcement peopie don�t like to think that you have to pay f or iegal behavior, but in business yau MUST pay for desired behavior. Taxes are structured in part £or revenue and in part to achieve social or economic goals through incentive/disincentive terms. Your program offers the disincentive without the inCentive. It cannot work. It will only punish your ally in the program, the employer. It will never give the actor, the lowest person on the retail feeding chain, any reason ta do the right thing. Please recruit me as your ally in this valuable effort. As adversaries we will go nowhere. My father and his youngest brother died from lung cancer, Dan in 1s77, Bill just last month. I sell cigarettes because they are a 1ega1 product that other nevasdealers also sell. I will gladly stop selling cigarettes if the City of St. Paul bans the sale of cigarettes in the City of St. Paul. iSntil then, please hold Shinder�s harmless in this case and help us stay even with the competition in a fair marketplace where badly behaving employees are punished and where concerned, cooperating employers are helped. Sincerely, '� �. Soel Shinder, Chairman �� j . lz�� j y� Joel Shinder to City Cowzcil, St. ?aul Page 4 of 7 Pages �� \�� VI. Dsscipline, Termination & Grievance A. Discipfine '� Page q . � Shinder's hires oni those eo Ie it ez L � Y P p pects to be capable ot pertorming weif. Either ihe empioyee or ShindeTs mzy terminate the emptoyment relationship at any Ume for accy reason without notice. As in any emptoyment setting, ShinderS haS cErtein rules flnd BxpectaEions foc iLS Ctnpbyees. If Shinde�s is dissaUSfied with the pertormance ot an empbyee, it may try to correct the situation. The steps taken wfA be ihose �at management 4elieves &re best suited io the particu(ar circumstances. it is impossDte in ;dvance to specity what sfeps wili be taken in all circumsiances. Shinders may take the following steps to dea( with unsatisfactory performance or other prob[ems: i. Discussthe maifer snforma)fy wiih the employee invofved 2. Oraliy wazn the emptoyee • 3. Give the employee a wriiten warning d. Suspend the empbyee ' 5. Terminate the employmerrt ` Not aA of the st=ps above wiA be taken in every case, nor wiii the �rder of steps 2ppiy to every cas=, and whMh sieps are actually taken in a particular instance is to be decitled by Shinder's management in its sate tliscretion. „� _ To heip empioyees understand what is expected of them, we iist the taflowing examptes of actions thzi are not acceptabte and that may be grounds for ducipline, up to and inciuding dismissal This list is not intended to be exclusive. � A in in vio(aiion of iaw wi[hin th �o of m(�oyment a in such a man r e tn a��a. � imgact the em�lo�er. Twa crrt�cai areas of concem in this community are (} sate of tobacco producis to minors and (i) safe of aduh rriateriats to minas. The latter iru�udes yous comptying with the manner in which aduh-wiented materiais aze to be dispiayed, as prescribed by Shinder's in ihe Sight of the law. You must not seil tobacco products a adutt materials to minws or allow miriors to txowse among these prod��cts. Ask for verificatlon ot age and deny service to anyone who refuses or is unab{e to show proof of age. increasingiy, communities are � assessing larger and Iarger fines against ths empioyee who setis tobaxo products or aduft materiats to minors. Penahies also run against the marrage.r who shouid have trained the emptoyee better. U�der the iaw, yaur pay�ng such fines is your personaf obfigation, not Shinder's. Fnes may be severai thousand doliazs. b} Creatina a�strir rr r th �^] SRQ SEl"t ^({VP{Cp jip�ycts normat retail on ratione c) Damaomo �omp n r pgny mfentionatfy or neoiiggn� C�� 1.^.Q C� tIR7E f0(p@f50f1di fP.95ARC iR a mannor thnt �r1..��,t..:.............._.,s._ _ ancs�erurrt_v. Exampies of ihis i�Gude,. but are not limited to: (1} excessive visfting with iriends, family or coworkers on duty, w abusive personal use of telephones t (2) on register duty, reading anything and not supervising customers fa service and securiiy (3) off register duty, reading anything other than a Shinder's publicat+on w job-relateci mazerials {a) example: while pricing comic books, reading the comic may be grounds fw . - �-• terminatian - — (b) exampie: whils pricing comic books, looking for missing pages, tears, or artist is proper e) Viotating merchand'sse borrow or cash draw poGcies, practices and procedures f} �isifvina ccmoa�v rec��+c rx faifing to lPato and �rovid r�trirad c�mp�ny recrrrtc rnar a.o tr rrhfr i a r rat and molet . R company �ecord is any documentation required in_ the course of doing business. This would include providing {egitimate receipts from vendors or obtaining signatures and ID information from persons who se0 to us or trade/exchange with us. Shinder's is required to obiain these records by the Federai and state governmerrts. Not cooperatirrg v+rth us in 2his ettort is a serious securs2y failing. g} Wh's{e on d rtv d aiin4 in, usino or beino ��n�iar rna r„fi� �on�e „o �Il.�....� ... .......�„u,..s _..�"""' Oate Printed: Juiy 36,1996 � � 7 �, c) experienced casfiier, two sessions, four tn six fiou[s each ti) �a�x�ss (aXi)'*(�+(3) and con5rm a�erence to ow habit pattern C2) camPmss (bX1)+{2) - - _ - - . - 3. CONICLUDE WITH GENERAL SALES CLERK 3RAIIQIr7G, AS APPROPRL4TE a) pomt-of-sale area mamtenanca b) sapez`iisia8 customeas for securiry and service c) mmor receiving & disptay, if relevant 4. Make sure rhe new fii� uses his or her own Iog-on code number B. REMII��IBER: SUPERVISE THE RECIIVT-HIItEt 1. OBSERVE REGISTER HAI�TDI.dNG z�oxcs & ca�c�r s) ATRUSHHOUR b) AURIIdG QUIETPERIODS 2. REVIEW ATPREQUENTIIdTERVALS � . .. �� \\\ �` < II. TO CANDII?ATES FOR A CLERK POSTITON AT SHINDER`S: A. THIS MANUAL CONTAINS COMPANY POLICIES FOR: 1. THE OPERA'ITOAI OF ITS CASH REGIST'HRS -- - "" 2. EMPLOYEfi CONDUCT AT SAI.ES POSITTONS, AND 3. RELATED TOPICS. B. RELATIONSHLP OF THIS MANi7AL TO EMPLOYEE HANUBOOK The mles stated here aze incorporated into the empioyee handbook, which employee receives at hiring. Without further wanun¢ or notice vou vnde C. C� E. Shinder's An experienced sales clerk will introduce you to this manual, to your duties, and to the cash register whose operation is described here. You will receive a brief tour of the siore To heIp you identify the depaztments into which we record our sales. You will then operate the cash register for actual sales under the guidance of an ezperienced clerk. That person wiil report your progress to the store manager. As you progress, the training cierk will slip into the background and, when it seems appropriate, you will opeiate the most active sales posiaon in your store alone. This will enable you to apply your knowiedge and develop speed. At any stage, don't hesitate to ask questions. A more experienced clerk should always be close at hand, mady and willing to respond and keep you from forming bad habits. DRAS�VER ASSIGNMIN'T Trainers and trainees share a register. However, once trained, cashiers are to work their own register drawers withont sharing. Cashier duty begins with a balanced drawer and ends with a balanced drawer (occasional spot checks are made and secret shoppers are in use). A FULLY-TRAINED SALES CLERK WII.I, PERFORM THFSE FUNCTIONS I. GREEI' ARRIVING AND DEFARTIIVG CUSTOMERS 2. SUPERVISE FOR SECtIRITY, SAL.ES AND SERVICE 3. CdAiDUCT SALFS 4. PROCESS MERCHADIDISEATSALES STATtONS Handling �rcBa�tise may involve liftin8 P��Bes arovnd seveuty poimds. Know how to lift safelyr 5. WORR WITTi SALF.S DISPLAYS 6. PERFORM MAIl�ITER'ANCE pR OPIItATIONAL TASKS 7. COMMUHICATE WI1Ii CQWORKERS, MArIAGER, SUPERVISOR AND CORPORATE OFFICE (abbreviated as "CO") ' a) Use contQany phones, caIling the apptopriate pazty at the appmpriate 2ime, given the nahue of the situation . b) Use compaay fax machine for writfen reparts F. GooD Lucx! III. CASH REGIS'TER TRAINING A, FYample of typical cash sales procedure Casio Clerk Manuai -2- August 10, 1993 r /�`�� 7 � J �. 1 V. W. X. Y. Z. AA. � AC. AD. AE AF. q'\-\�� Q. Smoke only in designated areas, and don't smoke, drink, or eat in custome�s faces R. Be polite, helpful, and businesslike S. Use appropriate Ianguage and do not spread rumors or engage in idIe gossip T. Direct diffieult customer service quesfions or complaints to CO -° - U. Dress properly for the weathes, personal safety, tfie conditions of your job, and to a styIe consistent vnth your store's clieatele and our chain standard Attend to peisonal hygiene before work beginsl Your appearance and safety aze very unportant empIoyes concems. L Weaz no shorts or cni-offs 2. '4Vear no tattered attire, na aztictes wirfi hoIes 3. Wear no provocafive styles : 4. Awid soiled cIozhing Take breaks consistent with store requirements and supeivisor's instructions While on company rime, 1. Make and ieceive no �csonal telephone calls 2. Entertam no personal �isitors 3. Aua no personaI etrands Interrupt business callers to servicz in-store customers _ _�, -- _. Politely place non-emergency calIers on hold and satisfy the in-store, cash-paying customer first! However, always mtetrupt a person selling TO us in order fo answer a customer on the phone. Your priorities are PERSONAL SAFETY, then making SALES, then providing SERVICE which may lead to sales, then performing other functions. Tlius, intemipt sellers to us in order to service customers buying from us. , Preserve our confidentiality and protect our property; including informatiori Tell no one our company costs, employee discount rates, and supplier names, addresses and telephone numbers. Such information is not considered "customer service!" It is proprietary information we will not share. Also, customers are not aliowed to use our inventory as a library banl� Browsing through books, magazines, etc., is acceptable if the intent is W purchase. If the intent is to learn or record informafion, noi to make a purchase, suggest that the customer make a purchase. We aiso will not share the telephone numbers or address of any of our empioyees. Phone lists are for our business use only. SeEk opportunities to increase sales profitably and to reduce costs effectively Keep safety in mind at all fimes Carnct any unsafe condition within your 1rnowIedge and capacity; call CO to report those needs you cannot cotrect; follow up calls with report of whether or not the pmblem was resolved fo your satisfac6on and need Fxamples: 1. Mainfain cleat walkways and aisies 2. AIIow no ice/snow buildup 3. Slraighten area mgs and entry mats 4. Tolezate no fiazard and be alert to the exisfence of any Be aware of air temperature and movement Catl CO for correcdon of heating, ventilating or air condirioning problems. Uncomfortabie cierks work less effrcienfly. Uncomfortable customers buy less. Regulazty communicate problems with reorders Reference your Employee Handbook frequentty � Follow aii rules and regutations, know and apply alI company policies, and obey the law PREVENT LOSSES Attending to the security of company cash and merchandise is an important company goai. PRO'TECf YOUR HAI2D WORK! Aiso, prevent harm to yourseif and others. This effort wilI reduce workers' compensafion claims and insurance costs and it will help us avoid Iegal actions against Shinder's which could result in higher insurance costs. Ciaims and costs incurred will cut into your wages. 2. Keep register drawa clased at all times except to complefe saIes and other finali�ations. 2. Leave no company or employee store keys, security codes at safe combinations tmguarded 3. Keep secure areas, cases and drawers Iocked 4. Do not bundle ctufency at the register starion Casio CIerk Manual -13- August 10, 1993 7 � ✓�lt � I �Z `�� SHtNDER'S READ MORE SOOK STORE INC. 63 S. 9th St., Suite 202 MlidtVEAPOtiS, MIV 55402 TEL.612-333-7002 FAX.612-333-718i 4ecember 6,1996 •NEWS�BOOKS•COA9ICS•SPORTSCARDS•GAMES- Virginia D. Palmer, Assistant City Attorney Civil Division 400 City xall 15 west Kellogg Blvd. St. Pdul, MN 55102 Dear Ms. Palmer: Mail & Fa3c, 298-5619 This fax consists of one page REF: Cigarette Sale to Minor 11/16/96 License No. 17465 Thank you very much for telephoning me in response to my letter dated yesterday and for describing my procedural options. Yes, I hereby request the opportunity to appear before the City Council in order to expiain mitigating circumstances which should apply in this case. When you receive the schedule, the agenda and our number, kindly inform me at this office of these facts and o£ your estimate respecting the approximate time for my appearance. 3peak with Jeffrey Pomone, my assistant, should I be unavailable. I will.be aut of town December 21 through December 28. Sincerely, Soel Shinder, Chairman �� b�_.��_:.�:� �-^ no .r� f..+i4 '.� l.��6� G�•a`= . � � �F" r�`�`_: � :�� ,�T'�a �... > b a E'1 : C't.,� L��4 .e�� ffi OFFICF F THE CITY ATTORNEY Timothy w_. asx Ciry Anorney ---�` � ` ��` CITY OF St�INT PALTL Norm Colemtrn, Mayos November 26, 199F Civil Divitiort 400 Ciry Hall IS A'est Xe7loggBlvd Samt Pau� Mmnesom 55101 Telephone: 611166-8i10 FauSnile: 671198-5619 NOTIC$ OF V207�ATION Owner/Manager Shinder's 389 Wabasha Street North Saint Paul, Minnesota 55102 RE: All licenses held by Shinder`s Book & News, Wabasha Street North in License ID No.: 17465 Dear SirjMadam: Shinder`s Book & News, Inc. djbJa Inc. for the premises located at 389 St. Paul The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses held at the above-named premises. This recommendation is based on the following: On November 16, 1996, you or another employee sold cigarettea to a minor under the age of 18 years in the licensed premises. This is an offense under Minss. Stat. §609.685 and Saiat Paul Legislative Code �324.07. If you do not dispute the above facts, and send me a letter to that effect within 5 days, the case wi11 be set before the City Council. You will have a chance to angear 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 q� �� If you have any questions, you may contact me at 266-8710. Sincerely, �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr, LIEP Christine Rozek, LIEP Mary Nelson, Community Crganizer, Capitol River Council/Dist. #17, 445 Ninnesota St., Suite 524, St. Paul, MN 55101 Page 2 �� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLENENTS, being first duly sworn, deposes and says that on November 27, 1996, she served the attached NOTICE OF VIOLATION on the £ollowing named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Shinder's 389 Wabasha 3treet North St. Paul, MN. 55102 (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 27th day of November, 1996. � � /�G�> � Notary Public • . � RtTA M. BOSSARD � ImTAAY PUBLIC—MINNESOTA RAMSEYCOUNTY �fr Camm. �,ian. ai. z000 °�� \\\ CII'Y OF 5AA'S PAUL II.TERDEPARTMEN7AL MEMORAA�UM DATE: T0; r"?i �: 1?E: November 19, 1996 Robert RessSez Rich Jer.ts ��. Cigazette Compliance Checks On November 16, 1996 between the hours of 8:00 a.m. and 12:00 p.m „�(the female 15-year-old ceccy) �ad 2 msde cigaze::e compliance checks on these besinesses with t2:e ;cllowiag res�lts: S.D. 15501 16157 16928 33368 17465 21859 32179 44032 19509 86393 25622 16068 16165 TFwr Nickey's �:-er Parri=_h's Snpper Club Jubilee ioo3s Just Truffles Shinder's Book 8 News Chsmpps Super pollaz Store Yarmo Liguor Stoze Starting Gate Total N,art West 7th F.,-aco The Maacr The Apotheca_ry Sho� Addresa 1950 West 7th 2176 West 7th 2481 West 7th 350 Y.arket 389 Wabasha 2901 West 7th 24�1 West 7th 2989 West ?th 2515 West 7th 2525 west 7th 2526 West 7th 255� West 7th 354 St. Petes Resulta � Sol@ (M.ar�-o 1!ediwr.$) Sold (Y,arlboro Lighs) Sold (virginia S7_'v:s) Sold (N,arlb�m Lights} Sold (t�SarL3om Liqhts) . No Sale No Sale Na No Sale No Sale No Sale No Sale No Sale Z signed tbe �timec�r3 '_or t*e �ecoy for 3 hours and I sper.t $16.20 fcr cigarettes-. RJ/lb cc: Gary Pectvnann Ginqer Pa,j,�reY Fefez Pangborn . T09ACf.0 COMPUANCE CFiECK fORAA DATE �� // �j TIH� ft/ � TAX L D. NUM9ER NAMEOFCOMPl1ANCEGliECl�Ft S • NAMEOFOFFICER NAMEANDADORESSOFtlCENSEDVESlDOf� �1 �i /"t/��i/ �C?rlrl �'� � — -- . ! ✓ f � � --� WAS THE TOBpCCA - SEIF SERVE? SAIE WAS MAOE YES � NAME OF CLERK: �� DESCRIP110N: � � CHECKABOHTED: YES r��moNU con�Errrs: . . N0: N�; � c 11 \\L ASSISTED?_� MACHP�IE? e�o- �UyLflo�a ��l�S \ �- - r: - - - " - _ _ _ - — _- - - _ _— - - - -_ - - - = - - -- . - - =:;�: . . - - — '"r-s _ . . -- . . - . - . :�=' � . ' e