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97-94,("' � � � � f�i � ' � � E C �a � c_ Council File # �� \� Green Sheet # ��vv RESOLUTION '�NT PAUL, MINNESOTA 3l Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee: Date RESOLVED, that the Licensee, American & Asian Crrocery d/b/a American & Asian Grocery (License ID No. 71494), located at 33 George Street in Saint Paul is hereby ordered to pay a fine of $200.00 for the violafion 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 thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolufion and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such azguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: BY � CJ�� "'"�,i�°`� Form Approved by City Attorne� �\ / �/ By: �LJ � X-�n_in�- $Y� 1 \ r�` c1'- Y'-'�rv-J��/a-- -APE Approved by Mayor: Date �,//2 � y_ By: By: � 7 � by Mayor for Submission to Council Adopted by Council: Date `�.St�. � \qq� �� Adoption Certified by Council Secretary G l�c �nh�� DEPNRMENT F�OUNCIL DATE INITIATED .� O D U L Office of LIEP vaars7 GREEN SHEE CONTACT PEitSON 8 PHONE INITIAWATE INfTIAVDATE � DEPARTMENT DIRECfOR � CITY COUNCIL C17rristine ROZek, 266-9108 A��N CITYATfORNEV CITYCfFFiK � NUMBENFON � � MUST BE ON CAUNqLAGENOA BY (DATE) ROUTING O BUDGET DIflECTOR � FIN. & MGT. SERVICE$ DIR. Feb 5 1997 Public hearin ORDER � MqyOR (Ofl ASSISTAfJn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Conceming adverse action against licenses held by American & Asian Grocery, located at 33 George Street. (Uncontested) RECOMMENDA7iONS: Approve (A) or qejact (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ GIVIL SERVICE COMMISSION �� Has this personRirm ever worked under a contract for this department? __ CIB COMMI7TEE �'ES NO _$TAFF 2. Has this parsonlfirm evar beeq a cily empbyee? — YES NO _ D�STRiCT CAUR7 — 3. Does this person/firm possess a skill not nonnally posse55etl by any curreM city employee? SUPPOqTS WHICH COUNCIL O&IECTIVE? YES NO Explain sll yes answers on separate sheet and attach to green sheet INITNTING PROBLEM, ISSUE. OPPORTUNITY (WM, What When, Where, Why): AOVANTAGES IF APPROVED� q5 F4 �} p � 'tl �-y,fii��PoYi. a 9 S��Ere tl�3 n�� `� `� 19�� DISADVANTAGES IFAPPROVEO � � Bi{:$ ° .6 9 �_^:�;.,m.��,a� P, 3�._..c_ ... . t_ fl �i1 f� (., .E;�<i� _' �> �x � DISADVANTAGES IF NOT APPROVED: �Cb��Y� I�C.J � ! �j�°J� 3 ��'�v ° S�`� �*}�� TOTAL AMOUNT OP iRANSACTION $ COST/REVENUE BUDGETED (CIFCLE ONE) YES NO PUNDIWG SOURCE ACTIVITY NUMBER FINANCIALINFORFhATION.(EXPLAIN) OFFICE OF Tf� CITY ATTORNEY Timothy E Mars, Ciry Aaorney �� G l.y' CI'TI' OF SAINT PAITL CIVII DNIS%OH Norm Colenwn, Mayor 400 Ciry Hall Telephone: 672 266-8710 I S West Keliogg Blvd Facsimile: 612 29&5619 Sab�t Paul, M'mnesom 55102 I January 14, 1997 """' �"� � '� " NOTICS OF COUNCIL HEARING Jr",,' 1 7 "^?7 Sheng Thao Owner American & Asian Grocery 33 George Street East Saint Paul, Minnesota 55107 12E: Cigarette license held by American & Asian Grocery d/b/a American & asian Grocery for the premises located at 33 George St. East in St. Paul License ID No. 71494 Our File Number: G97-0005 Dear Ms. Thao: 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 Aall 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 reports concerning the unlawful sale of cigarettes have been admitted. 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. I£ you have any questions, please call me at 266-8710. Very truly yours, �i�-ucc� U J �o�(.h v Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, MN 55107 ��-�l`-� UNCONTESTED LICENSE HEARiNG Licensee Name: American � Asian Grocery d/b/a American 8� Asian Grocery Address: 33 George Street East Council Hearing Date: February 5, 1997 Violafion: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 16, 1996 Place: Licensed Premises Presumptive Penatty: $200.00 Fine Recommendation of Assistant Ciiy Attorney on behaff of cfient, Office of License, Inspections and Environmentat Protection: $200.00 fine (first offense} Attachments: 1. Proposed resolution 2. tetter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary q �� ar� o� �ssT 33 E. George St. St. Paul, MN 55107 December 30, 1996 �fi�� Virginia D. Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. 5aint Paul, MN 55102 Dear Ms. Palmer: I am writing to respond to your letter dated December 20, 1996 regarding the incident in which a pack of cigarettes was sold to a minor at American & Asian Grocery. American & Asian Grocery is a small, family owned and operated neighborhood grocery store. The majority of the customers are from the neighborhood area. Since my family and i bought the business in June 1995, we have come to know all of our regular customers both young and old. 4Je are aware of and strongly support the legislative code of not selling tobacco products to minors. We check for identification whenever a customer does not look over the age of 25 as suggested by the tobacco selling guide. Unfortunately, on December 16, 1996 at approximately 5:00 p.m, when the store was about to close, a man came into the store to purchase a pack of cigarettes. This customer, to me, looked like he was in his thirties. He had a mustache and was wearing a big coat and a hat. Therefore, when he bought the cigarettes, I did not ask for identification, I did not know that he was a minor until the city official told me. I truly regret that the incident happened because it does not accurately reflect our cigarette selling policy here at American & Asian Grocery. If I can answer anymore questions, please ca11 me at 228-1285 or 221-9713. Thank you. Sincerely, � � heng T ao ,_', , OFF]CE AF THE CiTY ATTORt�EY G Timotlry L .rx, Crp�.4rrarncy CI 1 1 ��' Spi�T Pt�Ul. Cn�i1 Dn•ision A'orm Colemart. .tlayor ;DO Cip� Hal! Tefephone: 612 -66-5']0 IS Nest Ke!logg Bhd. Facsimrle: 6P_ _95-5679 SaintPaul, Mnnesata 55101 i December 20, 1995 130TIC3 OF VIOLATION OwnerfManager American & Asian Grocery 33 East George Street Saint Paul, Minnescta 55107 RE: Cigarette license held by American & Asian Grocery d/b/a American & Asian Grocery for tihe premises located at 33 East George St. in St. Paul License ID No.: 71494 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your cigarette license held at the above-named premises. This recommendation is based on the following: Oa December 16, 1996, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offease under Minn. Stat. §609.b85 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 ar� Administrative Lzw 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. F.e can be reached at 266-8710. Page 1 �Z �� If you have any questions, you may contact me at 266-8710. Sincerely, � �. <i ' � . � �.. ;,v,cC � �✓ !<`i,-.r� U Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr, LIEP Christine RozeK, LIEP Sandra Levine, Commua_ty Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, N�PT 55107 Pa�e 2 �� 1� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 23, 1996, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager American & Asian Grocery 33 East George Street St. Paul, MN. 55107 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 23rd day of December, 1996. .�.__ �/ .:�_��a _ , .,- . FITA':A. EC=' J � A � : ` -,. ... NOiRFYi' Y �ar;:..� r cc�:. �v A0y (;pmm. ��?:; zs Jan. 37.2Wt1 of said person) and depositing . the United States mails at St. G �� Lic ID ................... 71494 STAT ..................... AC Business Name............ AMERICAN & ASIAN GROCERY Address .................. 33 GEORGE ST E Zip ...................... 55107 Doing Business As...._... AMERICAN & ASIAN GROCERY License Name ............. OFF SALE MALT . CIGARETTE . GROCERY (C) Exp Date ................. 03f31J97 Ir.surance Carrier.........IN LIEU OF WAIVER LETTER Ins. Policy Number....... Insurance Effective Date. 03/11/96 Ins. Expiration Date..... WAIVED NOTE AREA ................ 12979 . PH NOTICE SENT 7/20/95 SET FOR 8/30/95 . 70 MAILED, 34 EMAILED, 2 INTEROFFICE . B/30/95 APFI3 ROR I3EW OFF SALE MALT, GROCERY {C), . AND CIG LICENSE APP'D C.F. #95-1�44 Tax Id ................... 1030058 Worker Comp Exp Date..... Telephone ................ 228-1285 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR AELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � CITY OF SAIIVT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: December 17, 1g96 TO: Robert Kessler Director, LIEP FROM: Richard W. Jents � License/Er.vironmental Protection Inspector RE: Cigarette Compliance Checks E' ��"E.:C� �..s r 5u fa. �C ti �}t� � � i�7� �� ' �� e EE�� '. On December 16, 1996 between the hours of 4:30 p.m_ and 6:30 p.m., a 16-year-old male decoy and I cenducted cigarecLe compliance checks. The following businesses made sales to the decoy: I.D. N� Address Srand Sold 18675 El Burrito Market & Eakery 1?5 Concord N,aYlboro 17494 Americaa & Asian Grocery 33 East Geozge Naslboro I spent $4.90 on cigarettes. RS/lb cc: Gary Pechmann Ginger Palmer Peter Pangborn � TOBPCCO COMPLIANCE CHECK FORM DATE: /� J,� � C�jJIME: �� p tAX 1. 0. NUMBER fo J � NAMEQFGOFAP CECHECl�R: (�v� � a NAMEOFOFFfCER NAMEANDADDRESSOFIJCENSEDVENpOR �i - .Eit,L��•v�� /9p.�� WAS THE TOBACCO - SEtF SEAVE? SALE WAS MApE: YES NAME OF CfFRK: 1 k' / / i DESCflIPitON: l (/� o /l'( CHECK ABOAIED: YES � ADDITIONAL COMvtENTS: N0: N0: q �� ASSISTED7 � � MACHPJE? sw�o: /Lla � L�o�� -��✓.�� SIX: M � f: r� � A,,��.- - .'��,..� . / 4� c�,_.� ,("' � � � � f�i � ' � � E C �a � c_ Council File # �� \� Green Sheet # ��vv RESOLUTION '�NT PAUL, MINNESOTA 3l Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee: Date RESOLVED, that the Licensee, American & Asian Crrocery d/b/a American & Asian Grocery (License ID No. 71494), located at 33 George Street in Saint Paul is hereby ordered to pay a fine of $200.00 for the violafion 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 thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolufion and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such azguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: BY � CJ�� "'"�,i�°`� Form Approved by City Attorne� �\ / �/ By: �LJ � X-�n_in�- $Y� 1 \ r�` c1'- Y'-'�rv-J��/a-- -APE Approved by Mayor: Date �,//2 � y_ By: By: � 7 � by Mayor for Submission to Council Adopted by Council: Date `�.St�. � \qq� �� Adoption Certified by Council Secretary G l�c �nh�� DEPNRMENT F�OUNCIL DATE INITIATED .� O D U L Office of LIEP vaars7 GREEN SHEE CONTACT PEitSON 8 PHONE INITIAWATE INfTIAVDATE � DEPARTMENT DIRECfOR � CITY COUNCIL C17rristine ROZek, 266-9108 A��N CITYATfORNEV CITYCfFFiK � NUMBENFON � � MUST BE ON CAUNqLAGENOA BY (DATE) ROUTING O BUDGET DIflECTOR � FIN. & MGT. SERVICE$ DIR. Feb 5 1997 Public hearin ORDER � MqyOR (Ofl ASSISTAfJn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Conceming adverse action against licenses held by American & Asian Grocery, located at 33 George Street. (Uncontested) RECOMMENDA7iONS: Approve (A) or qejact (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ GIVIL SERVICE COMMISSION �� Has this personRirm ever worked under a contract for this department? __ CIB COMMI7TEE �'ES NO _$TAFF 2. Has this parsonlfirm evar beeq a cily empbyee? — YES NO _ D�STRiCT CAUR7 — 3. Does this person/firm possess a skill not nonnally posse55etl by any curreM city employee? SUPPOqTS WHICH COUNCIL O&IECTIVE? YES NO Explain sll yes answers on separate sheet and attach to green sheet INITNTING PROBLEM, ISSUE. OPPORTUNITY (WM, What When, Where, Why): AOVANTAGES IF APPROVED� q5 F4 �} p � 'tl �-y,fii��PoYi. a 9 S��Ere tl�3 n�� `� `� 19�� DISADVANTAGES IFAPPROVEO � � Bi{:$ ° .6 9 �_^:�;.,m.��,a� P, 3�._..c_ ... . t_ fl �i1 f� (., .E;�<i� _' �> �x � DISADVANTAGES IF NOT APPROVED: �Cb��Y� I�C.J � ! �j�°J� 3 ��'�v ° S�`� �*}�� TOTAL AMOUNT OP iRANSACTION $ COST/REVENUE BUDGETED (CIFCLE ONE) YES NO PUNDIWG SOURCE ACTIVITY NUMBER FINANCIALINFORFhATION.(EXPLAIN) OFFICE OF Tf� CITY ATTORNEY Timothy E Mars, Ciry Aaorney �� G l.y' CI'TI' OF SAINT PAITL CIVII DNIS%OH Norm Colenwn, Mayor 400 Ciry Hall Telephone: 672 266-8710 I S West Keliogg Blvd Facsimile: 612 29&5619 Sab�t Paul, M'mnesom 55102 I January 14, 1997 """' �"� � '� " NOTICS OF COUNCIL HEARING Jr",,' 1 7 "^?7 Sheng Thao Owner American & Asian Grocery 33 George Street East Saint Paul, Minnesota 55107 12E: Cigarette license held by American & Asian Grocery d/b/a American & asian Grocery for the premises located at 33 George St. East in St. Paul License ID No. 71494 Our File Number: G97-0005 Dear Ms. Thao: 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 Aall 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 reports concerning the unlawful sale of cigarettes have been admitted. 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. I£ you have any questions, please call me at 266-8710. Very truly yours, �i�-ucc� U J �o�(.h v Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, MN 55107 ��-�l`-� UNCONTESTED LICENSE HEARiNG Licensee Name: American � Asian Grocery d/b/a American 8� Asian Grocery Address: 33 George Street East Council Hearing Date: February 5, 1997 Violafion: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 16, 1996 Place: Licensed Premises Presumptive Penatty: $200.00 Fine Recommendation of Assistant Ciiy Attorney on behaff of cfient, Office of License, Inspections and Environmentat Protection: $200.00 fine (first offense} Attachments: 1. Proposed resolution 2. tetter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary q �� ar� o� �ssT 33 E. George St. St. Paul, MN 55107 December 30, 1996 �fi�� Virginia D. Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. 5aint Paul, MN 55102 Dear Ms. Palmer: I am writing to respond to your letter dated December 20, 1996 regarding the incident in which a pack of cigarettes was sold to a minor at American & Asian Grocery. American & Asian Grocery is a small, family owned and operated neighborhood grocery store. The majority of the customers are from the neighborhood area. Since my family and i bought the business in June 1995, we have come to know all of our regular customers both young and old. 4Je are aware of and strongly support the legislative code of not selling tobacco products to minors. We check for identification whenever a customer does not look over the age of 25 as suggested by the tobacco selling guide. Unfortunately, on December 16, 1996 at approximately 5:00 p.m, when the store was about to close, a man came into the store to purchase a pack of cigarettes. This customer, to me, looked like he was in his thirties. He had a mustache and was wearing a big coat and a hat. Therefore, when he bought the cigarettes, I did not ask for identification, I did not know that he was a minor until the city official told me. I truly regret that the incident happened because it does not accurately reflect our cigarette selling policy here at American & Asian Grocery. If I can answer anymore questions, please ca11 me at 228-1285 or 221-9713. Thank you. Sincerely, � � heng T ao ,_', , OFF]CE AF THE CiTY ATTORt�EY G Timotlry L .rx, Crp�.4rrarncy CI 1 1 ��' Spi�T Pt�Ul. Cn�i1 Dn•ision A'orm Colemart. .tlayor ;DO Cip� Hal! Tefephone: 612 -66-5']0 IS Nest Ke!logg Bhd. Facsimrle: 6P_ _95-5679 SaintPaul, Mnnesata 55101 i December 20, 1995 130TIC3 OF VIOLATION OwnerfManager American & Asian Grocery 33 East George Street Saint Paul, Minnescta 55107 RE: Cigarette license held by American & Asian Grocery d/b/a American & Asian Grocery for tihe premises located at 33 East George St. in St. Paul License ID No.: 71494 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your cigarette license held at the above-named premises. This recommendation is based on the following: Oa December 16, 1996, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offease under Minn. Stat. §609.b85 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 ar� Administrative Lzw 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. F.e can be reached at 266-8710. Page 1 �Z �� If you have any questions, you may contact me at 266-8710. Sincerely, � �. <i ' � . � �.. ;,v,cC � �✓ !<`i,-.r� U Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr, LIEP Christine RozeK, LIEP Sandra Levine, Commua_ty Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, N�PT 55107 Pa�e 2 �� 1� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 23, 1996, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager American & Asian Grocery 33 East George Street St. Paul, MN. 55107 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 23rd day of December, 1996. .�.__ �/ .:�_��a _ , .,- . FITA':A. EC=' J � A � : ` -,. ... NOiRFYi' Y �ar;:..� r cc�:. �v A0y (;pmm. ��?:; zs Jan. 37.2Wt1 of said person) and depositing . the United States mails at St. G �� Lic ID ................... 71494 STAT ..................... AC Business Name............ AMERICAN & ASIAN GROCERY Address .................. 33 GEORGE ST E Zip ...................... 55107 Doing Business As...._... AMERICAN & ASIAN GROCERY License Name ............. OFF SALE MALT . CIGARETTE . GROCERY (C) Exp Date ................. 03f31J97 Ir.surance Carrier.........IN LIEU OF WAIVER LETTER Ins. Policy Number....... Insurance Effective Date. 03/11/96 Ins. Expiration Date..... WAIVED NOTE AREA ................ 12979 . PH NOTICE SENT 7/20/95 SET FOR 8/30/95 . 70 MAILED, 34 EMAILED, 2 INTEROFFICE . B/30/95 APFI3 ROR I3EW OFF SALE MALT, GROCERY {C), . AND CIG LICENSE APP'D C.F. #95-1�44 Tax Id ................... 1030058 Worker Comp Exp Date..... Telephone ................ 228-1285 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR AELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � CITY OF SAIIVT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: December 17, 1g96 TO: Robert Kessler Director, LIEP FROM: Richard W. Jents � License/Er.vironmental Protection Inspector RE: Cigarette Compliance Checks E' ��"E.:C� �..s r 5u fa. �C ti �}t� � � i�7� �� ' �� e EE�� '. On December 16, 1996 between the hours of 4:30 p.m_ and 6:30 p.m., a 16-year-old male decoy and I cenducted cigarecLe compliance checks. The following businesses made sales to the decoy: I.D. N� Address Srand Sold 18675 El Burrito Market & Eakery 1?5 Concord N,aYlboro 17494 Americaa & Asian Grocery 33 East Geozge Naslboro I spent $4.90 on cigarettes. RS/lb cc: Gary Pechmann Ginger Palmer Peter Pangborn � TOBPCCO COMPLIANCE CHECK FORM DATE: /� J,� � C�jJIME: �� p tAX 1. 0. NUMBER fo J � NAMEQFGOFAP CECHECl�R: (�v� � a NAMEOFOFFfCER NAMEANDADDRESSOFIJCENSEDVENpOR �i - .Eit,L��•v�� /9p.�� WAS THE TOBACCO - SEtF SEAVE? SALE WAS MApE: YES NAME OF CfFRK: 1 k' / / i DESCflIPitON: l (/� o /l'( CHECK ABOAIED: YES � ADDITIONAL COMvtENTS: N0: N0: q �� ASSISTED7 � � MACHPJE? sw�o: /Lla � L�o�� -��✓.�� SIX: M � f: r� � A,,��.- - .'��,..� . / 4� c�,_.� ,("' � � � � f�i � ' � � E C �a � c_ Council File # �� \� Green Sheet # ��vv RESOLUTION '�NT PAUL, MINNESOTA 3l Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee: Date RESOLVED, that the Licensee, American & Asian Crrocery d/b/a American & Asian Grocery (License ID No. 71494), located at 33 George Street in Saint Paul is hereby ordered to pay a fine of $200.00 for the violafion 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 thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolufion and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such azguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: BY � CJ�� "'"�,i�°`� Form Approved by City Attorne� �\ / �/ By: �LJ � X-�n_in�- $Y� 1 \ r�` c1'- Y'-'�rv-J��/a-- -APE Approved by Mayor: Date �,//2 � y_ By: By: � 7 � by Mayor for Submission to Council Adopted by Council: Date `�.St�. � \qq� �� Adoption Certified by Council Secretary G l�c �nh�� DEPNRMENT F�OUNCIL DATE INITIATED .� O D U L Office of LIEP vaars7 GREEN SHEE CONTACT PEitSON 8 PHONE INITIAWATE INfTIAVDATE � DEPARTMENT DIRECfOR � CITY COUNCIL C17rristine ROZek, 266-9108 A��N CITYATfORNEV CITYCfFFiK � NUMBENFON � � MUST BE ON CAUNqLAGENOA BY (DATE) ROUTING O BUDGET DIflECTOR � FIN. & MGT. SERVICE$ DIR. Feb 5 1997 Public hearin ORDER � MqyOR (Ofl ASSISTAfJn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Conceming adverse action against licenses held by American & Asian Grocery, located at 33 George Street. (Uncontested) RECOMMENDA7iONS: Approve (A) or qejact (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING CAMMISSION _ GIVIL SERVICE COMMISSION �� Has this personRirm ever worked under a contract for this department? __ CIB COMMI7TEE �'ES NO _$TAFF 2. Has this parsonlfirm evar beeq a cily empbyee? — YES NO _ D�STRiCT CAUR7 — 3. Does this person/firm possess a skill not nonnally posse55etl by any curreM city employee? SUPPOqTS WHICH COUNCIL O&IECTIVE? YES NO Explain sll yes answers on separate sheet and attach to green sheet INITNTING PROBLEM, ISSUE. OPPORTUNITY (WM, What When, Where, Why): AOVANTAGES IF APPROVED� q5 F4 �} p � 'tl �-y,fii��PoYi. a 9 S��Ere tl�3 n�� `� `� 19�� DISADVANTAGES IFAPPROVEO � � Bi{:$ ° .6 9 �_^:�;.,m.��,a� P, 3�._..c_ ... . t_ fl �i1 f� (., .E;�<i� _' �> �x � DISADVANTAGES IF NOT APPROVED: �Cb��Y� I�C.J � ! �j�°J� 3 ��'�v ° S�`� �*}�� TOTAL AMOUNT OP iRANSACTION $ COST/REVENUE BUDGETED (CIFCLE ONE) YES NO PUNDIWG SOURCE ACTIVITY NUMBER FINANCIALINFORFhATION.(EXPLAIN) OFFICE OF Tf� CITY ATTORNEY Timothy E Mars, Ciry Aaorney �� G l.y' CI'TI' OF SAINT PAITL CIVII DNIS%OH Norm Colenwn, Mayor 400 Ciry Hall Telephone: 672 266-8710 I S West Keliogg Blvd Facsimile: 612 29&5619 Sab�t Paul, M'mnesom 55102 I January 14, 1997 """' �"� � '� " NOTICS OF COUNCIL HEARING Jr",,' 1 7 "^?7 Sheng Thao Owner American & Asian Grocery 33 George Street East Saint Paul, Minnesota 55107 12E: Cigarette license held by American & Asian Grocery d/b/a American & asian Grocery for the premises located at 33 George St. East in St. Paul License ID No. 71494 Our File Number: G97-0005 Dear Ms. Thao: 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 Aall 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 reports concerning the unlawful sale of cigarettes have been admitted. 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. I£ you have any questions, please call me at 266-8710. Very truly yours, �i�-ucc� U J �o�(.h v Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, MN 55107 ��-�l`-� UNCONTESTED LICENSE HEARiNG Licensee Name: American � Asian Grocery d/b/a American 8� Asian Grocery Address: 33 George Street East Council Hearing Date: February 5, 1997 Violafion: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 16, 1996 Place: Licensed Premises Presumptive Penatty: $200.00 Fine Recommendation of Assistant Ciiy Attorney on behaff of cfient, Office of License, Inspections and Environmentat Protection: $200.00 fine (first offense} Attachments: 1. Proposed resolution 2. tetter from licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report 6. City Attorney License Adverse Action Summary q �� ar� o� �ssT 33 E. George St. St. Paul, MN 55107 December 30, 1996 �fi�� Virginia D. Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd. 5aint Paul, MN 55102 Dear Ms. Palmer: I am writing to respond to your letter dated December 20, 1996 regarding the incident in which a pack of cigarettes was sold to a minor at American & Asian Grocery. American & Asian Grocery is a small, family owned and operated neighborhood grocery store. The majority of the customers are from the neighborhood area. Since my family and i bought the business in June 1995, we have come to know all of our regular customers both young and old. 4Je are aware of and strongly support the legislative code of not selling tobacco products to minors. We check for identification whenever a customer does not look over the age of 25 as suggested by the tobacco selling guide. Unfortunately, on December 16, 1996 at approximately 5:00 p.m, when the store was about to close, a man came into the store to purchase a pack of cigarettes. This customer, to me, looked like he was in his thirties. He had a mustache and was wearing a big coat and a hat. Therefore, when he bought the cigarettes, I did not ask for identification, I did not know that he was a minor until the city official told me. I truly regret that the incident happened because it does not accurately reflect our cigarette selling policy here at American & Asian Grocery. If I can answer anymore questions, please ca11 me at 228-1285 or 221-9713. Thank you. Sincerely, � � heng T ao ,_', , OFF]CE AF THE CiTY ATTORt�EY G Timotlry L .rx, Crp�.4rrarncy CI 1 1 ��' Spi�T Pt�Ul. Cn�i1 Dn•ision A'orm Colemart. .tlayor ;DO Cip� Hal! Tefephone: 612 -66-5']0 IS Nest Ke!logg Bhd. Facsimrle: 6P_ _95-5679 SaintPaul, Mnnesata 55101 i December 20, 1995 130TIC3 OF VIOLATION OwnerfManager American & Asian Grocery 33 East George Street Saint Paul, Minnescta 55107 RE: Cigarette license held by American & Asian Grocery d/b/a American & Asian Grocery for tihe premises located at 33 East George St. in St. Paul License ID No.: 71494 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your cigarette license held at the above-named premises. This recommendation is based on the following: Oa December 16, 1996, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offease under Minn. Stat. §609.b85 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 ar� Administrative Lzw 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. F.e can be reached at 266-8710. Page 1 �Z �� If you have any questions, you may contact me at 266-8710. Sincerely, � �. <i ' � . � �.. ;,v,cC � �✓ !<`i,-.r� U Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Directcr, LIEP Christine RozeK, LIEP Sandra Levine, Commua_ty Organizer, West Side Citizens Organization, 625 Stryker Ave., St. Paul, N�PT 55107 Pa�e 2 �� 1� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 23, 1996, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager American & Asian Grocery 33 East George Street St. Paul, MN. 55107 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 23rd day of December, 1996. .�.__ �/ .:�_��a _ , .,- . FITA':A. EC=' J � A � : ` -,. ... NOiRFYi' Y �ar;:..� r cc�:. �v A0y (;pmm. ��?:; zs Jan. 37.2Wt1 of said person) and depositing . the United States mails at St. G �� Lic ID ................... 71494 STAT ..................... AC Business Name............ AMERICAN & ASIAN GROCERY Address .................. 33 GEORGE ST E Zip ...................... 55107 Doing Business As...._... AMERICAN & ASIAN GROCERY License Name ............. OFF SALE MALT . CIGARETTE . GROCERY (C) Exp Date ................. 03f31J97 Ir.surance Carrier.........IN LIEU OF WAIVER LETTER Ins. Policy Number....... Insurance Effective Date. 03/11/96 Ins. Expiration Date..... WAIVED NOTE AREA ................ 12979 . PH NOTICE SENT 7/20/95 SET FOR 8/30/95 . 70 MAILED, 34 EMAILED, 2 INTEROFFICE . B/30/95 APFI3 ROR I3EW OFF SALE MALT, GROCERY {C), . AND CIG LICENSE APP'D C.F. #95-1�44 Tax Id ................... 1030058 Worker Comp Exp Date..... Telephone ................ 228-1285 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR AELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � CITY OF SAIIVT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: December 17, 1g96 TO: Robert Kessler Director, LIEP FROM: Richard W. Jents � License/Er.vironmental Protection Inspector RE: Cigarette Compliance Checks E' ��"E.:C� �..s r 5u fa. �C ti �}t� � � i�7� �� ' �� e EE�� '. On December 16, 1996 between the hours of 4:30 p.m_ and 6:30 p.m., a 16-year-old male decoy and I cenducted cigarecLe compliance checks. The following businesses made sales to the decoy: I.D. N� Address Srand Sold 18675 El Burrito Market & Eakery 1?5 Concord N,aYlboro 17494 Americaa & Asian Grocery 33 East Geozge Naslboro I spent $4.90 on cigarettes. RS/lb cc: Gary Pechmann Ginger Palmer Peter Pangborn � TOBPCCO COMPLIANCE CHECK FORM DATE: /� J,� � C�jJIME: �� p tAX 1. 0. NUMBER fo J � NAMEQFGOFAP CECHECl�R: (�v� � a NAMEOFOFFfCER NAMEANDADDRESSOFIJCENSEDVENpOR �i - .Eit,L��•v�� /9p.�� WAS THE TOBACCO - SEtF SEAVE? SALE WAS MApE: YES NAME OF CfFRK: 1 k' / / i DESCflIPitON: l (/� o /l'( CHECK ABOAIED: YES � ADDITIONAL COMvtENTS: N0: N0: q �� ASSISTED7 � � MACHPJE? sw�o: /Lla � L�o�� -��✓.�� SIX: M � f: r� � A,,��.- - .'��,..� . / 4� c�,_.�