93-38 ' Council File ,� /� �-�c� `�
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Green Sheet # �'��`��'
RESOLUTION
CITY OF SAINT AUL, MINNESOTA
- �. -
Presented By
Referred To Committee: Date
1
2 RESOLVED, that the Licensee, Holiday Station Stores Inc., (License ID# 14986),
3 for the premises located at 600 Snelling Avenue North in Saint Paul is hereby ordered to
4 pay a fine of $200 for the violation of sale of tobacco products to a minor.
5
6 Said fine shall be paid to the Office of License, Inspections and Environmental
7 Protection within thirty days of publication of this resolution as adopted.
8
9 This Resolution and the action taken above are based upon the facts contained in
10 the attached notice of complaint, dated November 18, 1992. The facts as outlined in this
11 letter are not contested by the licensee, as evidenced by the attached letter, dated
12 December 7, 1992, signed by Karen A. Fairbairn, Legal Counsel. This action is also
13 based on the circumstances and arguments presented by and on behalf of the licensee
14 during the Public Hearing.
Yeas Navs Absent Requested by Department of:
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Adoption Cert' , ed;by Council �ecretary By: �/� -/ -��L
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BY� � '� Approved by Mayor for .Submission to
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UNCONTESTED LICENSE HEARING
Licensee Name: Holiday Station Stores, Inc.
Address: 600 Snelling Avenue North
Date Of Council Hearing: January 12, 1993
Violation: Sale of Cigarettes to a minor § 324.07.
Date: November 7, 1992
Place: Licensed Premises
Matrix Presumptive Penalty: N/A
Recommendation by Assistant City Attorney on behalf of client, Office of
License Inspections and Environmental Protection:
To impose a $200 fine for the sale of cigarettes to a minor.
Attachments
1. Proposed resolution
2. License information
3. Notice of Violation
4. Letter of licensee or attorney agreeing not to
contest the facts
� � . ��, q�� -3� �
Date: Nov 18
Business License Master Inquiry
LICENSE I.D. 14986
LICENSE NAME HOLIDAY STATIONSTORES INC
FIRST NAME MIDDLE INITIAL BLD
STREET NUMBER 600 STREET DIRECTION N
STREET NAME SNELLING STREET TYPE AV
CITY ST. PAUL STATE MN ZIP 55104 UNIT
BILLING NAME BLD
STREET NUMBER STREET DIRECTION
STREET NAME P O BOX 1224 STREET TYPE
CITY MINNEAPOLIS STATE MN ZIP 55440 UNIT
D.B.A. HOLIDAY STATIONSTORE #43
COMBINE CODE LIC.EXP.DATE 03/31/93
TAX ID 9346950 SSN 502-42-5522 CEN.TK 321
PHONE NUMBER -6443994 TERR OI DENVER
DEALER NUMBER BADGE.NO FIRE 32
Mailing License to the Billing Address (Y/N) EFFECTIVE DATE
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
Date: Nov 18
Business License Manager Inquiry
LICENSE I.D. 14986
NAME GENE WORESKY TRANSFER FROM LIC ID
TRANSFER TO LIC ID
STREET NUMBER STREET DIRECTION UNIT NO
STREET NAME STREET TYPE
CITY STATE ZIP
PHONE NUMBER
NOTE: 1: INSP CHANGE FROM 02 TO O1 ON 3/20/92
2 : INSPECTOR CHANGE FROM BARB TO MIKE - 1/6/92
3 :
4 :
5:
6:
7 :
8 :
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
. � , :��.. - ��"�3� �,
OFFII,_ OF THE CITY ATTORNEY
Natalie E.Hudson, Ciry Attorney
CITY OF SAINT PAUL SOOLandmarkTowers Telephone
James Scheibel,Mayor 34S St Pere�Saeet CiviL•298-5121
Saint Paul,�nnesota SSI02 Criminal:298-1271
Facsimile:612-298-5619
r�r�.....
November 18, 1992
NOTICE OF COMPLAINT
Manager
Holiday Station Stores Inc.
600 Snelling Avenue North
Saint Paul, Minnesota 55104
Re: All licenses held by Holiday Station Stores Inc. , for the
premises located at 600 Snelling Avenue North, Saint Paul.
Dear Manager:
The Director of the Office of License, Inspections and
Environmental Protection will recommend that adverse action be
taken against all the licenses you hold at the above-named
premises. This recommendation is based on the following:
On November 7, 1992, a clerk or other employee sold
cigarettes to a minor under the age of 18 years in the
licensed premises. This is an offense under Minn. stat.
§609. 685 and Saint Paul Legislative Code §324.07.
If you do not dispute the above facts, and send me a letter to that
effect within 5 days, the case will be set before the City Council.
You will have a chance to appear and make a statement before the
Council as to the proper penalty, if any, to be imposed.
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 decide
the case. If this is your choice, please let me know within 5 days,
and we will take the necessary steps to set up that ALJ hearing.
Call me at 298-5121.
Very truly yours,
. . S.
Philip B. Byrne
Assistant City Attorney
cc: Robert Kessler
Director, LIEP
Terry Hislop
License Division
. , ��-� -:�S ✓
H011day Companies
GEN.OFFICF 35G7 WEST SOth STREET/MAIL ADDFESS:P.O.130X 1224hiINNEAPOLIS,�IN SS�JO/NhL Gt?-831�87W/FAX bl?-830-8864
CREUIi OFFICE 5501 AA'.OLO�HAKOPEE KD./MAIL ADDRE�S:P.O.HOX 1?16,btINNEAPOLIS,A1N SSJJO/Pfl.GI2-92132�0/FAx G12-927-5295
December 7, 1992
DELIVERED BY MESSENGER
Mr. Phillip B. Byrne
Assistant City Attorney
City of St. Paul � ��.������
800 Landmark Towers
345 St. Peter Street ��� C 719�2
St. Paul, MN 55102
���� �TTO����
Re: Notice of Complaint/Alieged Sale of Cigarettes to a Minor
Dear Mr. Byrne:
This letter is a response to the Notice of Complaint dated November 18, 1992 directed
to Holiday Stationstores, Inc. ("Holiday"). Holiday will not challenge the Notice of
Complaint, and for purpose of this letter will adopt the facts as set forth in the
Complaint. This is not, however, to be interpreted as an admission of any fact or of
liability.'
Complying with the law prohibiting the sale of tobacco and alcohol to minors is a
priority for Holiday. As a result Holiday has established numerous procedures and
policies to ensure that minors are not permitted to purchase cigarettes. Holiday has a
written policy which is distributed to all employees describing the prohibitions against
the sale of tobacco and alcohol to minors. See Tobacco and Alcohol Policy attached
as Exhibit A. This Policy requires cashiers to request proof of age for anyone who
appears to be underage. Employees are advised that if the Policy is violated they may
be subject to discipline. When an individual is hired to work in a Holiday Stationstore
he or she is required to review the Policy and to acknowledge that it has been read.
This document then becomes a part of the personnel file.
Further, the Store Manager and the District Manager review the Policy with the
employees. The District Managers visit each store in their district approximately three
times each month. On each visit the District Manager is required to remind employees
about various store policies including the prohibition of the sale of tobacco and alcohol
to minors. See District Managers checklist, Exhibit B. All employees are instructed to
"card" any individual if there is any doubt whatsoever as to the individual's age.
' This letter is Holiday's summary response to the allegations in the above-
referenced charge. This letter is not intended to be an exhaustive treatment of any
and all evidence which may be available to Holiday. Further, this letter is not intended
to raise all theories and/or defenses which ultimately may be raised by Holiday.
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. ��� �� �
Mr. Phillip B. Byrne
December 7, 1992
Page 2
Additionally, all employees are required to wear a button which states "I Check IDs for
Alcohol and Tobacco Purchases". This button is attached as Exhibit C.
Signs are displayed in the Stationstores to remind both customers and cashiers that
the sale of tobacco products to minors under the age of 18 is prohibited. These signs
are brightly colored and prominently displayed.
After the alleged incident in November occurred, Don Peterson, Director of Operations,
distributed the memo attached as Exhibit D to instruct all stationstore managers and
assistant managers to remind all employees about the Tobacco and Alcohol Sales
Policy. A second memo attached as Exhibit E was also distributed in November of
1992 requiring additional signs to be displayed in the Stores to again emphasize that
the sale of tobacco and alcohol to minors is prohibited. Furthermore, the cashier
who allegedly sold cigarettes to a minor was reprimanded. See Corrective Action
Notice attached as Exhibit F.
Holiday Stationstores, Inc. will continue to instruct its employees about the prohibition
of the sale of tobacco to minors. All efforts will be made to ensure that cashiers "card"
all individuals who appear to be 25 years old or younger before tobacco is sold to
them. If you have any additional questions, please do not hesitate to contact me.
Very truly yours,
HOLIDAY COMPANIES � -
��- � �7�.�����/
i�.�i�'�,� � • `-J "
Karen A. Fairbairn
Legal Counsel
(612) 832-8557
KAF:mb.8
Attachments
. . '��-� �-3�` �/
TOBACCO AND ALCOHOL SaLES
State laws prohibit the sale of all tobacco products, including cigarettes, to mfnors under
the age of 18. The sale of any intoxicating liquor, incfuding besr, to minors under age 21
or to any person intoxicated..ox.bor.der.ing.or�.a.staie:of.intoxication: is.alsa illegal. The
penaity for vio(ating these laws varies by state but can include a money fine,
imprisonment, or both.
As a cashier, it is your responsibiiity to abide by these laws, and YOU are liable if caught
selling tobacco or alcohoi to a minor. Thereto�e, a drivecs license or state I.D. card
with a picture must be examined for tobacco and afcohol purcl�ases for any
cvstomer who appears to be 25 years old or younger.
Emplojrees violating state laws must answer for their own violation. The Company wiil not
be responsible for any money fines or any other penalty imposed. Employees violating
state laws may be subject to disciplinary action up to and including discharge.
I have read this page and understand it. I also understand thai this signed staiement wiil
become a part of my personne! file.
Employee Signature Date
Print Name Location
PL 1411 �.2/�
FORM aSS0228 ~�
� �,'.�, DISTRICT MANAGFA'S ��- � ���SS �
STATIONSTORE SUSJECT CHECK-LiST
STORE NUMBERS
SU BJ ECT
,
DATES
1. Gasoline 8 Cigarettes
Prices Competitive
2 Signs Up 8�Correct
3. Review Weekly Schedule
4. Review Misc. Hours
5. Cigarette Inventory
� Discussion 8�
Check Order Book
6.Dairy Inventory
Discussion 8�
Checic Order Book
7.Store Inventory
Discussion
(Hot Seasonal Item)
8.Discusion Of Inventory
Needed For Next Ad
9. Discussion on Money
Drops&Security
10.Discussion on the
Sale of Alcohol and
Tobacco to Minors
11. Discussion on Sexual
Harrassment Policy
_ . _ ....
. � . � ��� - .�����
EXHIBIT C
BU�`TON
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DATE: November 23, 1992
TO: Stationstore Managers/Assistant Managers
FROM: Don Peterson �
SUBJECT: Tobacco and Alcohol Sales Policy
Please review with all employees the changes in Tobacco and Alcohol Sales Policy.
State laws prohibit the sale of all tobacco products, including cigarettes, to minors under
the age of 18. The sale of any intoxicating liquor, including beer, to minors under age � .
21 or to any person intoxicated or bordering on a state of intoxication is also illegal. The
penalty for violating these laws varies by state but can include a money fine,
imprisonment, or both.
TO MAKE CERTAIN THAT TOBACCO AND ALCOHOL ARE NOT SOLD TO
NIINORS, A CUSTOMER'S DRIVER'S LICENSE OR STATE ID CARD WITH A
PICTURE MUST BE EXAMIlVED FOR ALL TOBACCO AND ALCOHOL
PURCHASES FOR ANY CUSTOMER WHO APPEARS TO BE 25 YEARS OLD
QR YOUNGER. �
The Store Manager is responsible for educating all employees about the rules and
regulations regarding the sale of tobacco and alcohol.
Employees who violate state laws governing the sale of tobacco and alcohol are
responsible for their own violations. Holiday will not be responsible for any money fines
or any other penalty imposed. Employees violating state laws may be subject to
disciplinary action up to and including discharge.
DP/bs
cc: Donovan Erickson
George Townsend
Lloyd I.ehnen
Regional Managers
District Managers
c:1wp51\Doo\TobaAko.ttr
��� _�� �i,'
�oRarmuM
DATE: November 23, 1992
TO: Stationstore Man
FROM: Don Peterson �
_ SUBJECT: Tobacco and Alcohol Sales Signs
With this memo you will receive a sign package and posting instructions.
Size Description and Usage
14 x 11 Tells customers that employees are required to check I.D.'s of anyone appearing �
� under 25 years of age.
7 x 5'/z Display 2 (back-to-back) of the 11/14 signs in plastic sign holder, either on
Cigarette carton rack, somewhere in security area or other visible location. The
. 71c..51/z signs should be taped to the counter at each register station. Two of them
(back-to-back) could also be placed on the window lerige near the "In-Door".
5 x 3 Reminder sign for employees to check I.D.'s. These are to be used in the
security area only. The Sx3's should be attached to the cigarette merchandiser.
It works well to peel a piece of the crack-n-peel off and attach sign to the front
rail in front of a 100's pack. Put up at least one sign per merchandiser.
8 x 2 This crack-n-peel sign should be mounted to the counter in front af the cash
drawer or it can be mounted on the register. This sign is a final reminder to the
cashier as they ring up the sale, so make sure they see it.
DP/bs
cc: Donovan Erickson
George Townsend
Lloyd Lehnen
Regional Managers
District Managers
r.\wps t�Doa�ID.igns.mom
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Check I.D.'s on all
persons who appear
25 years old or younger
for tobacco and
alcohol sales.
i
o ur a ue
us omers :
Please do not be offended if we
ask for I.D. with tobacco or alcohol sales.
. Our policy is to check any customer
who appears 25 years of age
or younger.
Please help us prevent
accidental sales to minors.�
IT'S THE LAW!
� ��� `��. �
�.�
� You must be 18 years or oider to purchase
shells, cigarettes, BBs, pellets, and BB
and peilet guns.
� You must be 18 years or older to
purchase butane, butane lighters, glue,
cement, and aerosol paints which contain a
to�ac substance that can be harmful or fatal.
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,� Holiday Companies
' ' ' Employee Corrective Action Notice
Name I ' I � C�t�P t K f��(T'Y►'�t4� Location �L� 3 �,t1�° 1�i•�:�i
Job title � �1-C'S R SS Uc; f4 ►� �n�rqTi G+NS
Department
Date of Incident(s) j I '7 "�I Z
TYPE OF NOTIG'E (check one)
� Counseling �Warninb ❑ Susp nsion � Discharge"
•Human Reyooiees in the Jfain Offiu must bs wntacted prior W diecharga
SUPER.VIS08'S STA'I'EMENT(please print)
On 11/7/92 you sold cigarettes to a minor. This 16 year old girl was worldng with the State of - -
Minnesota as a test shopper. You did not ask for her identification. Holiday has provided
numerous signs and buttons that are intended to remind you of your responsibility to ask for
identification. You are to ask for identification if a customer appears to be younger than 25
years of age. On 11/2/91 you signed a letter which outlined your responsibilities in this area.
Your actions may well result in a fine to Holiday and some measure of negative customer
relations.
ACTION TO BE TAgEN
This is a written warning. The Manager and District Manager will retrain you and emphasize
the importance of asking for identification when selling cigarettes or tobacco products. Any
future violations will result in additional disciplinary action up to and including discharge.
SIGNATURES: �
Employee � �t�� ,✓1?'ut A Date �`�—`3-��
Supezvisor � Date �1�2 ��j Z
r
Division Head x Date �
Human Resourcea ��Z�� \ �����'� x Date ��/� 9"�
/
Foxix szaw (ReverFae aide may be uaed for empioyee'a atatement) R°""°d u°1
. .
EMPLOYEE'S STATEMENT(please print)
�-�
, OFFICE OF THE CITY ATTORNEY ��
• IANE A.MC PEAI� CITYATTORNEY �3 -3�
� ,
CITY OF SAINT PAUL 800 Landmark Towen Te[ephone �
James Scheibe/,Mayor 345 St Peter Street Civil:298-5121
Saint Paul,Minnesota 55102 Criminal:298-4271
Facsimile:61 Z-298-5619
��
�tECEiVEn
December 16, 1992 �EC 18 1992
NOTICE OF HEARING
xaren A. Fairbairn ���Y CLk.�7K
Legal Counsel
Holiday Companies
P.O.Box 1224
Minneapolis, Minnesota 55440
RE: Licenses held by Holiday Stations, Inc. , for the premises
located at 600 Snelling Avenue North, Saint Paul.
Dear Ms. Fairbairn:
Please take notice that a hearing concerning the above-mentioned
establishment has been scheduled for 9: 00 o'clock a.m. , January,
12, 1993 in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed please find a copy of the proposed resolution, with
attachments, for consideration by the City Council. This is an
uncontested hearing, in that facts contained in the notice of
complaint have been admitted to. You will have the opportunity to
present oral and/or written argument as to the appropriate
sanction, if any, to be imposed.
If you have any questions, please call me at 298-5121.
Very Truly Yours,
�.
PHILI B. BYRNE
Assistant City Attorney
cc: Robert Kessler
LIEP
Terry Hislop
LIEP
Molly O'Rourke
City Clerk
. � �� �� �.
� UNCONTESTED LICENSE HEARING
Licensee Name: Holiday Station Stores, Inc.
Address: 600 Snelling Avenue North
Date Of Council Hearing: January 12, 1993
Violation: Sale of Cigarettes to a minor § 324.07.
Date: November 7, 1992
Place: Licensed Premises
Matrix Presumptive Penalty: N/A
Recommendation by Assistant City Attorney on behalf of client, Office of
License Inspections and Environmental Protection:
To impose a $200 fine for the sale of cigarettes to a minor.
Attachments
1. Proposed resolution
2. License information
3. Notice of Violation
4. Letter of licensee or attorney agreeing not to
contest the facts
� Council File � � ✓� �� ✓
Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1
2 RESOLVED, that the Licensee, Holiday Station Stores Inc., (License ID# 14986),
3 for the premises located at 600 Snelling Avenue North in Saint Paul is hereby ordered to
4 pay a fine of $200 for the violation of sale of tobacco products to a minor.
5
6 Said fine shall be paid to the Office of License, Inspections and Environmental
7 Protection within thirty days of publication of this resolution as adopted.
8
9 This Resolution and the action taken above are based upon the facts contained in
10 the attached notice of complaint, dated November 18, 1992. The facts as outlined in this
11 letter are not contested by the licensee, as evidenced by the attached letter, dated
12 December 7, 1992, signed by Karen A. Fairbaim, Lega1 Counsel. 1'his action is also
13 based on the circumstances and arguments presented by and on behalf of the licensee
14 during the Public Hearing.
Yeas Navs Absent Requested by Department of:
rimm
uerzn
on
t acca ee
e man
un e
i son By:
Form Approved by City Attorney
Adopted by Council: Date ,
Adoption Certified by Council Secretary
sY: /2 -/�-�I�
By' Approved by Mayor for Submisaion to
Approved by Mayor: Date
Council
By: BZ''
. , �__r. Q 3 3g �
Date: Nov 18
Business License Master Inquiry
LICENSE I.D. 14986
LICENSE NAME HOLIDAY STATIONSTORES INC
FIRST NAME MIDDLE INITIAL BLD
STREET NUMBER 600 STREET DIRECTION N
STREET NAME SNELLING STREET TYPE AV
CITY ST. PAUL STATE MN ZIP 55104 UNIT
BILLING NAME BLD
STREET NUMBER STREET DIRECTION
STREET NAME P O BOX 1224 STREET TYPE
CITY MINNEAPOLIS STATE MN ZIP 55440 UNIT
D.B.A. HOLIDAY STATIONSTORE #43
COMBINE CODE LIC.EXP.DATE 03/31/93
TAX ID 9346950 SSN 502-42-5522 CEN.TK 321
PHONE NUMBER -6443994 TERR O1 DENVER
DEALER NUMBER BADGE.NO FIRE 32
Mailing License to the Billing Address (Y/N) EFFECTIVE DATE
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
Date: Nov 18
Business License Manager Inquiry
LICENSE I.D. 14986
NAME GENE WORESKY TRANSFER FROM LIC ID
TRANSFER TO LIC ID
STREET NUMBER STREET DIRECTION UNIT NO
STREET NAME STREET TYPE
CITY STATE ZIP
PHONE NUMBER
NOTE: 1: INSP CHANGE FROM 02 TO O1 ON 3/20/92
2 : INSPECTOR CHANGE FROM BARB TO MIKE - 1/6/92
3 :
4 :
5:
6:
7 :
8 :
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF °
. � � �'3 �
�
Holiday Stationstores, Inc.
January 11, 1993
Transcript of Robert S. Nye's statement before the St. Paul City Council
regarding the sale of tobacco to minors. �
I have been asked to speak about Holiday's response to a compiaint charging
that a sales clerk in the Holiday Stationstore located at 600 Snelling Avenue North soid
cigarettes to an individual under the age of 18 years. For your ir�formation, Holiday
has not challenged the Notice of Complaint and is adopting the facts as set forth by
the City Attorney.
Complying with the law prohibiting the sale of tobacco and alcohol to minors is
a priority for Holiday. As a result Holiday has established numerous procedures and
policies to ensure that minors are not permitted to purchase cigarettes. Holiday has a
written policy which is distributed to all store employees describing the prohibitions
against the sale of tobacco and alcohol to minors. This Policy requires cashiers to
request proof of age for anyone who appears to be underage. Employees are
advised that if the Policy is violated they may be subject to disciplinary action. When
an individual is hired to work in a Holiday Stationstore he or she is required to review
the Policy and to acknowledge that it has been read. This document then becomes a
part of the personnel file.
Further, the Store Manager and the District Manager review the Policy with the
employees. The District Managers visit each store in their district approximately three
times each month. On each visit the District Manager is required to remind employees
about various store policies including the prohibition of the sale of tobacco and alcohol
to minors, and to check off on a checklist to record that this has indeed been
discussed.
All employees are instructed to "card" an individual if there is any doubt
whatsoever as to the individual's age. Additionally, all employees are required to wear
a button which states "I Check IDs for Alcohol and Tobacco Purchases".
�
. - y3 � �
Signs are displayed in the Stationstores to remind both customers and cashiers
that the sale of tobacco products to minors under the age of 18 is prohibited. These
signs are brightly colored and prominently displayed in the store.
With regard to this specific charge, Holiday took swift remedial action. After the
alleged incident in November occurred, Don Peterson, Director of Operations,
distributed a memo to instruct a11 stationstore managers and assistant managers to
remind all employees about the Tobacco and Alcohol Sales Policy. A second memo
was also distributed in November of 1992 requiring additional signs to be displayed in
the Stores to again emphasize that the sale of tobacco and alcohol to minors is
prohibited. Furthermore, the cashier who allegedly sold cigarettes to a minor was
reprimanded.
Holiday Stationstores, Inc. will continue to instruct its employees about the
prohibition of the sale of tobacco to minors. All efforts will be made to ensure that
cashiers "card" all individuals who appear to be 25 years old or younger before
tobacco is sold to thern.
Questions and Answers.