The URL can be used to link to this page

97-96('`'�`[f � `' i � r �, � � 4 ,�1.� d v . 4`!.-` . . _ . . Council File # `� —\� Z �� ( � � Green Sheet # ,.J��`� RESOLUTION �NT PAUL, MINNESOTA Presented By RESOLVED, that the Licensee, Thomas & Mary Silva d/b/a El Burrito Mazket & Bakery (License ID No. 18675), located at 175 Concord Street in Saint Paul is hereby ardered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor. Said fine sha11 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 resolution and the action of the Council in this matter aze 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: By: APF By: B (��?-�.o.�% �� Form Approved by City Attorney BY � � �i.. L '�Lt' �ytJ/� Approved by Mayor £or Submission to Council By: Adopted by Council: Date � � ,S �.�q' � Adoption Certified by Council Secretary G� �b AFFICE/COUNqL DATE INITIATED �J v� U t Office of LIEP irzar9� GREEN SHEE COI'lTAC7 VERSON d PHONE INlT1AV0ATE INITIAVOATE �DEPpqTMENTDIRE �CITYCOUNCIL Christine Rozek, 266-9108 N Y R FOR � CffYATTORNEY O GITV CLERK MUST BE ON COUNCIL AGENDA BY (DATEj qOUT� O BUDGET OfRECTOR O FIN. & MGi SERVICES DIR. Feb 5 1997 Public hearin OflDER O MAYOR (OR ASSISTAN� Q TOTAL # OF SIGNATURE PAGES (CL1P ALl LOCATIONS FOR SIGNATURE) AGTION REQUESTED: Concerning adverse acrion against licenses held by Thomas & Mary Silva, DBA EI Burrito Market & Bakery, located at 175 Concord Street. (IJncontested) RECOMMENDATONS: Approve tA) or Reject (R) PEBSONAL SERVICE GONTRACTS MUST ANSWER iHE FOLLOWING QUESTIONS: _ PIANNING CAMMISSION _ CIVIL SERVICE COMMISSION 1- Has Mis personrtirm ever worKed wder a contract fur this department? _ q6 COMMI7'fEE _ YES "NO _� 2.� Has Mis perSOnRirm ever been a City employee? — YES fJ0 _ oisrpici CpUar _ 3. Does 1Bis person/firm possess a skill not normaliy possessetl by any current city employeel SUPPORTSWNICHCOUNCILOBJECTIVE? YES NO Explain aII yes answers on separate aheet and attach to green sM1eet INITIATNJG PROBLEM, ISSUE, OPPORTUNITY �Who. What When, Where, Why). ADVANTAGES IFAPPROVED: �� w�.� # � !q � 4 � c � t �� r� DISA�VANTAGES IFAPPROVED: �� R'?�a'i � s,:`,..,,!�� (`;;"; ^-m-!.,,� a¢�^+•r;5n '. ' f � s , n ..,..,' Fr:i�`Si�` .(: }� ��:c DISAOVANTAGESIFNOTAPPROVEO: . '" �-"�' '-`- --- ��5 � 6� �� y 1�97 l��Y��'S �� dU� TOTAL AMOUMT OF TRANSACTION $ COST(REVENUE BUDGETEO (CIRCLE ONE) YES NO FUNDI(iG SOURCE ACTIVITY NUMBER FINANCIAL INFORFnATIpN: (EXPLAIN) � � CITY OF SAINT PAUL Norm Colemml, Mayor January 14, 1997 NOTICE OB COUNCIL H,ARING Becky George Manager E1 Burrito Mercado 175 Concord Street Saint Paul, Minnesota 55107 RE: Cigarette license held Burrito Market & Bakery Concord St. in St. Paul ry,f „� J��.. i E by Thomas & Mary Silva d/b/a El for the premises located at 175 License ID No. 18675 Our File Number: G97-0004 Dear Ms. George: Please take notice that a hearing concerning the above-named establishment has heen scheduled for 4:30 p.m., Wednesday, February 5, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and I2amsey 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 cantained in the report 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. If you have any questions, please call me at 266-8710. Virginia D. Palmer Assistant City Attorney �� ,.r.�� .�� Very truly yours, cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Organization, 625 Stryker Ave.-, St. Paul, MN OFFICE OF THE CITI' ATTORNEY C('�Gb Tunothy E. Ma'x, Ciry Axomey Civil Divisiort 400 City Hall IS Wesr Kellogg Blvd SaintPaul �nnesota 55701 Te%phone: 611 266-8�10 Facsimile: 6I2 298-56I9 6iL� E`��;,""?sti ��a" .. i sJ%'i. Citizens 55107 �� UNCONTESTED LICENSE HEARING Licensee Name: Thomas 8� Mary Sitva dibia EI Burrito Market & Bakery Address: 175 Concord Street Council Hearing Date: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 16, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of c{ient, Office of License, inspections and Environmental Protection: $200.OU fine (first offensej Attachments: 1. Proposed resolution 2. letter 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 � C�� r �- �� EL BUI�RITO 1V�EI�CADO�A" °''ssz �� December 26,1996 Vir�nia D. Palmer, Assistant City Attorney City of St. Paul, Civil Bi�nsion 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Ms. Palmer; RE: Violation of Cigarette license ID No.: 18675 In response to your letter of December 20, 1996, we, El Burrito Mercado, do not dispute the ailegation. I appreciate your time for our phone conversation and a clearer explanation of the process. We will await your repiy with the date for the City Council hearing. Sincerely, ;��-, n ,J�i ' �Z�� Becky George, Manag�� El Burrito Mercado 175 Concord Street • St. Paul, MN 55107 •(612) 227-2192 OFflCF"F THE CITY AT'TOR'�EY Tunarin� t .�arx Ciq�.4rionver C�"�� _� CI1 1 OF SA1tV i P�UL Cn�tID"n�ision .A'orm Coteman, .ifa}�or 400 Crq• Ha11 7'elepl�one: 6t? ]66-d-10 ISff'eslKelloggBh�d Facsimi7e:61?:95-5679 Sain! Ppul, dlirmesota 55/02 i December 20, 15:6 NOTIC3 OF VIOLATION Mr. Thomas Silva an3 & Ms. N.�ry Silva E1 Burrito Market « 3akery 1�5 Concord Street Saint Paul, Minnesc�a 55107 RE: Cigarette lic=nse held by Thomas & Mary Silva dJb/a B1 Burrito Marke� & Bake� for the premises located at 175 Concord Street in St. ?Gul License ID No.: 18675 Dear Mr. and Ms. Silva: 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 uader the age of 18 years in the liceased premises. This is an affenae under Mian. Stat. §699.685 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 be£ore 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 1ega1 assistant, Peter Pangborn, within S days, and we will take the necessary steps to set up that ALJ hearing. ue can be reached at 266-8710. �age 1 � �� If you have any cl:estions, :ou may contact me at 266-8710. Sincerely, O J / L� �f.�/ ;��1 J � ��.1:7.1,: � Virginia D. Palmer Assistant City P_ttc_ney cc: Robert Kessler, Directcr, LIEP Christine Roze'.t, LIEP Sandra Levi.^.e, Commur_ty Organizer, West Side Citizer.s Organization, 625 Stryker Ave., St. Paul, MN 55107 Page 2 Q�� STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE SY MAIL COUNTY OF R.}�1`�SEY ) 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 persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thomas Silva and Ms. Mary Silva El Burrito Market & Bakery 175 Concord 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. I . �� i�!�/ i _ - � . . • � Rt, ^n. EOSSARD � - r '�'; -�� uc � r^, t.� .�.-'f COUNTY � My Com,m. Exr;res,tan. 31.2ppp of said persons) and depositing the United States mails at St. �� C� Lic ID ................... 18675 STAT ..................... AC Business Name............ THOMAS & MARY SILVA Address .................. 175 CONCORD ST Zip ...................... 55107 Doing Business As........ EL BURRITO MARKET & BAKERY License Name ............. FOOD PROCESSOR TO 2000 SQ. FT. . GROCERY (D) . CIGARETTE . RESTAURANT (B)-MORE THAN 12 SEATS Exp Date ................. 03/31j97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 5/96 BAKERY ADD-ON LIC ELIMINATED PER C.F #95-1457 . 12j2j96 CODE CHANGED FR/2467 TO 2667 PER GARY . PECHMANN PER NEW ORDINANCE EFFECTIVE 12j23/96--LAP Tax Id ................... 5541326 Worker Comp Exp Date..... O1j19/94 Telephone ................ 227-2192 Press <RETURN> to continue... A1t-Z FOR H&LP° VT102 ° FDX ° 960a E71 ° L,OG CLOSED ° PRINT OFF ° Press `C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 960� E71 ° LOG CLOSED ° PRINT OFF ° 0 — `�� DATE TO: FROM: RE: CITY OF SAINT PATIL `-� -' �:� : �; =��,��' INTERDEPARTMENTAL MEMORANDUM =: �' ,` "�` '� � �' UtC �� ?�� - r; ?. s �. �;^ [ `�;` � � ' December 17 , 1996 `" ¢ � " � � � "-' �'� i Robert iCessler Dizectoz, LIEP Richard W. Jents �� License/Environmental Protection Inspector Cigarette Compliance Checks On December 16, 1996 between the nours of 4:30 p.m. and 6:30 p.m., a 16-year-old male decoy and I conducte3 ciaaret.e compliance checks. The following businesses made sales to the decoy: I.D. NAMF Ad3ress Brand Sold 16675 El Burrito Narket & Bakery 175 Concord *lariboro 17494 American & Asi&n Grocerp 33 East George Mariboro 2 spent $4.90 on cigarettes. RJ/lb cc: Gary Pechmann ' Ginger Palmer Peter Pangborn ,. � TOHACCO COMPt]ANCE CHECK FORM DATE �� /( C�hJt,TE: S'� S//S'` TAX I. D. NUMBER /!✓ - � . NAMEOFCOMP CE liECl�R: NAMEOFOFFiCER NAMEANDADDRESSOFLICENSEDYENppR � r5 S�n�s� �,•.• jJ; # /�� 7� Q�� WAS THETOBACCO - SELF SERVE? ASSISTED? � MACHWE? SALE WAS MADE YES _� N0: BRAND: i Gj ✓�`y U(�(J r NAME OF CLERK: `� - - �`Y�'^ ✓ _ SIX: M . F: DESCRIPTtON: CHECKABORTED: YES Np ADDITIONAL COMv1ENTS: %��e r,. _r c. . � ."L / � i� i � t.l: r ('`'�`[f � `' i � r �, � � 4 ,�1.� d v . 4`!.-` . . _ . . Council File # `� —\� Z �� ( � � Green Sheet # ,.J��`� RESOLUTION �NT PAUL, MINNESOTA Presented By RESOLVED, that the Licensee, Thomas & Mary Silva d/b/a El Burrito Mazket & Bakery (License ID No. 18675), located at 175 Concord Street in Saint Paul is hereby ardered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor. Said fine sha11 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 resolution and the action of the Council in this matter aze 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: By: APF By: B (��?-�.o.�% �� Form Approved by City Attorney BY � � �i.. L '�Lt' �ytJ/� Approved by Mayor £or Submission to Council By: Adopted by Council: Date � � ,S �.�q' � Adoption Certified by Council Secretary G� �b AFFICE/COUNqL DATE INITIATED �J v� U t Office of LIEP irzar9� GREEN SHEE COI'lTAC7 VERSON d PHONE INlT1AV0ATE INITIAVOATE �DEPpqTMENTDIRE �CITYCOUNCIL Christine Rozek, 266-9108 N Y R FOR � CffYATTORNEY O GITV CLERK MUST BE ON COUNCIL AGENDA BY (DATEj qOUT� O BUDGET OfRECTOR O FIN. & MGi SERVICES DIR. Feb 5 1997 Public hearin OflDER O MAYOR (OR ASSISTAN� Q TOTAL # OF SIGNATURE PAGES (CL1P ALl LOCATIONS FOR SIGNATURE) AGTION REQUESTED: Concerning adverse acrion against licenses held by Thomas & Mary Silva, DBA EI Burrito Market & Bakery, located at 175 Concord Street. (IJncontested) RECOMMENDATONS: Approve tA) or Reject (R) PEBSONAL SERVICE GONTRACTS MUST ANSWER iHE FOLLOWING QUESTIONS: _ PIANNING CAMMISSION _ CIVIL SERVICE COMMISSION 1- Has Mis personrtirm ever worKed wder a contract fur this department? _ q6 COMMI7'fEE _ YES "NO _� 2.� Has Mis perSOnRirm ever been a City employee? — YES fJ0 _ oisrpici CpUar _ 3. Does 1Bis person/firm possess a skill not normaliy possessetl by any current city employeel SUPPORTSWNICHCOUNCILOBJECTIVE? YES NO Explain aII yes answers on separate aheet and attach to green sM1eet INITIATNJG PROBLEM, ISSUE, OPPORTUNITY �Who. What When, Where, Why). ADVANTAGES IFAPPROVED: �� w�.� # � !q � 4 � c � t �� r� DISA�VANTAGES IFAPPROVED: �� R'?�a'i � s,:`,..,,!�� (`;;"; ^-m-!.,,� a¢�^+•r;5n '. ' f � s , n ..,..,' Fr:i�`Si�` .(: }� ��:c DISAOVANTAGESIFNOTAPPROVEO: . '" �-"�' '-`- --- ��5 � 6� �� y 1�97 l��Y��'S �� dU� TOTAL AMOUMT OF TRANSACTION $ COST(REVENUE BUDGETEO (CIRCLE ONE) YES NO FUNDI(iG SOURCE ACTIVITY NUMBER FINANCIAL INFORFnATIpN: (EXPLAIN) � � CITY OF SAINT PAUL Norm Colemml, Mayor January 14, 1997 NOTICE OB COUNCIL H,ARING Becky George Manager E1 Burrito Mercado 175 Concord Street Saint Paul, Minnesota 55107 RE: Cigarette license held Burrito Market & Bakery Concord St. in St. Paul ry,f „� J��.. i E by Thomas & Mary Silva d/b/a El for the premises located at 175 License ID No. 18675 Our File Number: G97-0004 Dear Ms. George: Please take notice that a hearing concerning the above-named establishment has heen scheduled for 4:30 p.m., Wednesday, February 5, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and I2amsey 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 cantained in the report 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. If you have any questions, please call me at 266-8710. Virginia D. Palmer Assistant City Attorney �� ,.r.�� .�� Very truly yours, cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Organization, 625 Stryker Ave.-, St. Paul, MN OFFICE OF THE CITI' ATTORNEY C('�Gb Tunothy E. Ma'x, Ciry Axomey Civil Divisiort 400 City Hall IS Wesr Kellogg Blvd SaintPaul �nnesota 55701 Te%phone: 611 266-8�10 Facsimile: 6I2 298-56I9 6iL� E`��;,""?sti ��a" .. i sJ%'i. Citizens 55107 �� UNCONTESTED LICENSE HEARING Licensee Name: Thomas 8� Mary Sitva dibia EI Burrito Market & Bakery Address: 175 Concord Street Council Hearing Date: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 16, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of c{ient, Office of License, inspections and Environmental Protection: $200.OU fine (first offensej Attachments: 1. Proposed resolution 2. letter 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 � C�� r �- �� EL BUI�RITO 1V�EI�CADO�A" °''ssz �� December 26,1996 Vir�nia D. Palmer, Assistant City Attorney City of St. Paul, Civil Bi�nsion 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Ms. Palmer; RE: Violation of Cigarette license ID No.: 18675 In response to your letter of December 20, 1996, we, El Burrito Mercado, do not dispute the ailegation. I appreciate your time for our phone conversation and a clearer explanation of the process. We will await your repiy with the date for the City Council hearing. Sincerely, ;��-, n ,J�i ' �Z�� Becky George, Manag�� El Burrito Mercado 175 Concord Street • St. Paul, MN 55107 •(612) 227-2192 OFflCF"F THE CITY AT'TOR'�EY Tunarin� t .�arx Ciq�.4rionver C�"�� _� CI1 1 OF SA1tV i P�UL Cn�tID"n�ision .A'orm Coteman, .ifa}�or 400 Crq• Ha11 7'elepl�one: 6t? ]66-d-10 ISff'eslKelloggBh�d Facsimi7e:61?:95-5679 Sain! Ppul, dlirmesota 55/02 i December 20, 15:6 NOTIC3 OF VIOLATION Mr. Thomas Silva an3 & Ms. N.�ry Silva E1 Burrito Market « 3akery 1�5 Concord Street Saint Paul, Minnesc�a 55107 RE: Cigarette lic=nse held by Thomas & Mary Silva dJb/a B1 Burrito Marke� & Bake� for the premises located at 175 Concord Street in St. ?Gul License ID No.: 18675 Dear Mr. and Ms. Silva: 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 uader the age of 18 years in the liceased premises. This is an affenae under Mian. Stat. §699.685 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 be£ore 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 1ega1 assistant, Peter Pangborn, within S days, and we will take the necessary steps to set up that ALJ hearing. ue can be reached at 266-8710. �age 1 � �� If you have any cl:estions, :ou may contact me at 266-8710. Sincerely, O J / L� �f.�/ ;��1 J � ��.1:7.1,: � Virginia D. Palmer Assistant City P_ttc_ney cc: Robert Kessler, Directcr, LIEP Christine Roze'.t, LIEP Sandra Levi.^.e, Commur_ty Organizer, West Side Citizer.s Organization, 625 Stryker Ave., St. Paul, MN 55107 Page 2 Q�� STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE SY MAIL COUNTY OF R.}�1`�SEY ) 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 persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thomas Silva and Ms. Mary Silva El Burrito Market & Bakery 175 Concord 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. I . �� i�!�/ i _ - � . . • � Rt, ^n. EOSSARD � - r '�'; -�� uc � r^, t.� .�.-'f COUNTY � My Com,m. Exr;res,tan. 31.2ppp of said persons) and depositing the United States mails at St. �� C� Lic ID ................... 18675 STAT ..................... AC Business Name............ THOMAS & MARY SILVA Address .................. 175 CONCORD ST Zip ...................... 55107 Doing Business As........ EL BURRITO MARKET & BAKERY License Name ............. FOOD PROCESSOR TO 2000 SQ. FT. . GROCERY (D) . CIGARETTE . RESTAURANT (B)-MORE THAN 12 SEATS Exp Date ................. 03/31j97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 5/96 BAKERY ADD-ON LIC ELIMINATED PER C.F #95-1457 . 12j2j96 CODE CHANGED FR/2467 TO 2667 PER GARY . PECHMANN PER NEW ORDINANCE EFFECTIVE 12j23/96--LAP Tax Id ................... 5541326 Worker Comp Exp Date..... O1j19/94 Telephone ................ 227-2192 Press <RETURN> to continue... A1t-Z FOR H&LP° VT102 ° FDX ° 960a E71 ° L,OG CLOSED ° PRINT OFF ° Press `C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 960� E71 ° LOG CLOSED ° PRINT OFF ° 0 — `�� DATE TO: FROM: RE: CITY OF SAINT PATIL `-� -' �:� : �; =��,��' INTERDEPARTMENTAL MEMORANDUM =: �' ,` "�` '� � �' UtC �� ?�� - r; ?. s �. �;^ [ `�;` � � ' December 17 , 1996 `" ¢ � " � � � "-' �'� i Robert iCessler Dizectoz, LIEP Richard W. Jents �� License/Environmental Protection Inspector Cigarette Compliance Checks On December 16, 1996 between the nours of 4:30 p.m. and 6:30 p.m., a 16-year-old male decoy and I conducte3 ciaaret.e compliance checks. The following businesses made sales to the decoy: I.D. NAMF Ad3ress Brand Sold 16675 El Burrito Narket & Bakery 175 Concord *lariboro 17494 American & Asi&n Grocerp 33 East George Mariboro 2 spent $4.90 on cigarettes. RJ/lb cc: Gary Pechmann ' Ginger Palmer Peter Pangborn ,. � TOHACCO COMPt]ANCE CHECK FORM DATE �� /( C�hJt,TE: S'� S//S'` TAX I. D. NUMBER /!✓ - � . NAMEOFCOMP CE liECl�R: NAMEOFOFFiCER NAMEANDADDRESSOFLICENSEDYENppR � r5 S�n�s� �,•.• jJ; # /�� 7� Q�� WAS THETOBACCO - SELF SERVE? ASSISTED? � MACHWE? SALE WAS MADE YES _� N0: BRAND: i Gj ✓�`y U(�(J r NAME OF CLERK: `� - - �`Y�'^ ✓ _ SIX: M . F: DESCRIPTtON: CHECKABORTED: YES Np ADDITIONAL COMv1ENTS: %��e r,. _r c. . � ."L / � i� i � t.l: r ('`'�`[f � `' i � r �, � � 4 ,�1.� d v . 4`!.-` . . _ . . Council File # `� —\� Z �� ( � � Green Sheet # ,.J��`� RESOLUTION �NT PAUL, MINNESOTA Presented By RESOLVED, that the Licensee, Thomas & Mary Silva d/b/a El Burrito Mazket & Bakery (License ID No. 18675), located at 175 Concord Street in Saint Paul is hereby ardered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor. Said fine sha11 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 resolution and the action of the Council in this matter aze 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: By: APF By: B (��?-�.o.�% �� Form Approved by City Attorney BY � � �i.. L '�Lt' �ytJ/� Approved by Mayor £or Submission to Council By: Adopted by Council: Date � � ,S �.�q' � Adoption Certified by Council Secretary G� �b AFFICE/COUNqL DATE INITIATED �J v� U t Office of LIEP irzar9� GREEN SHEE COI'lTAC7 VERSON d PHONE INlT1AV0ATE INITIAVOATE �DEPpqTMENTDIRE �CITYCOUNCIL Christine Rozek, 266-9108 N Y R FOR � CffYATTORNEY O GITV CLERK MUST BE ON COUNCIL AGENDA BY (DATEj qOUT� O BUDGET OfRECTOR O FIN. & MGi SERVICES DIR. Feb 5 1997 Public hearin OflDER O MAYOR (OR ASSISTAN� Q TOTAL # OF SIGNATURE PAGES (CL1P ALl LOCATIONS FOR SIGNATURE) AGTION REQUESTED: Concerning adverse acrion against licenses held by Thomas & Mary Silva, DBA EI Burrito Market & Bakery, located at 175 Concord Street. (IJncontested) RECOMMENDATONS: Approve tA) or Reject (R) PEBSONAL SERVICE GONTRACTS MUST ANSWER iHE FOLLOWING QUESTIONS: _ PIANNING CAMMISSION _ CIVIL SERVICE COMMISSION 1- Has Mis personrtirm ever worKed wder a contract fur this department? _ q6 COMMI7'fEE _ YES "NO _� 2.� Has Mis perSOnRirm ever been a City employee? — YES fJ0 _ oisrpici CpUar _ 3. Does 1Bis person/firm possess a skill not normaliy possessetl by any current city employeel SUPPORTSWNICHCOUNCILOBJECTIVE? YES NO Explain aII yes answers on separate aheet and attach to green sM1eet INITIATNJG PROBLEM, ISSUE, OPPORTUNITY �Who. What When, Where, Why). ADVANTAGES IFAPPROVED: �� w�.� # � !q � 4 � c � t �� r� DISA�VANTAGES IFAPPROVED: �� R'?�a'i � s,:`,..,,!�� (`;;"; ^-m-!.,,� a¢�^+•r;5n '. ' f � s , n ..,..,' Fr:i�`Si�` .(: }� ��:c DISAOVANTAGESIFNOTAPPROVEO: . '" �-"�' '-`- --- ��5 � 6� �� y 1�97 l��Y��'S �� dU� TOTAL AMOUMT OF TRANSACTION $ COST(REVENUE BUDGETEO (CIRCLE ONE) YES NO FUNDI(iG SOURCE ACTIVITY NUMBER FINANCIAL INFORFnATIpN: (EXPLAIN) � � CITY OF SAINT PAUL Norm Colemml, Mayor January 14, 1997 NOTICE OB COUNCIL H,ARING Becky George Manager E1 Burrito Mercado 175 Concord Street Saint Paul, Minnesota 55107 RE: Cigarette license held Burrito Market & Bakery Concord St. in St. Paul ry,f „� J��.. i E by Thomas & Mary Silva d/b/a El for the premises located at 175 License ID No. 18675 Our File Number: G97-0004 Dear Ms. George: Please take notice that a hearing concerning the above-named establishment has heen scheduled for 4:30 p.m., Wednesday, February 5, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and I2amsey 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 cantained in the report 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. If you have any questions, please call me at 266-8710. Virginia D. Palmer Assistant City Attorney �� ,.r.�� .�� Very truly yours, cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Sandra Levine, Community Organizer, West Side Organization, 625 Stryker Ave.-, St. Paul, MN OFFICE OF THE CITI' ATTORNEY C('�Gb Tunothy E. Ma'x, Ciry Axomey Civil Divisiort 400 City Hall IS Wesr Kellogg Blvd SaintPaul �nnesota 55701 Te%phone: 611 266-8�10 Facsimile: 6I2 298-56I9 6iL� E`��;,""?sti ��a" .. i sJ%'i. Citizens 55107 �� UNCONTESTED LICENSE HEARING Licensee Name: Thomas 8� Mary Sitva dibia EI Burrito Market & Bakery Address: 175 Concord Street Council Hearing Date: February 5, 1997 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: December 16, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of c{ient, Office of License, inspections and Environmental Protection: $200.OU fine (first offensej Attachments: 1. Proposed resolution 2. letter 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 � C�� r �- �� EL BUI�RITO 1V�EI�CADO�A" °''ssz �� December 26,1996 Vir�nia D. Palmer, Assistant City Attorney City of St. Paul, Civil Bi�nsion 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Ms. Palmer; RE: Violation of Cigarette license ID No.: 18675 In response to your letter of December 20, 1996, we, El Burrito Mercado, do not dispute the ailegation. I appreciate your time for our phone conversation and a clearer explanation of the process. We will await your repiy with the date for the City Council hearing. Sincerely, ;��-, n ,J�i ' �Z�� Becky George, Manag�� El Burrito Mercado 175 Concord Street • St. Paul, MN 55107 •(612) 227-2192 OFflCF"F THE CITY AT'TOR'�EY Tunarin� t .�arx Ciq�.4rionver C�"�� _� CI1 1 OF SA1tV i P�UL Cn�tID"n�ision .A'orm Coteman, .ifa}�or 400 Crq• Ha11 7'elepl�one: 6t? ]66-d-10 ISff'eslKelloggBh�d Facsimi7e:61?:95-5679 Sain! Ppul, dlirmesota 55/02 i December 20, 15:6 NOTIC3 OF VIOLATION Mr. Thomas Silva an3 & Ms. N.�ry Silva E1 Burrito Market « 3akery 1�5 Concord Street Saint Paul, Minnesc�a 55107 RE: Cigarette lic=nse held by Thomas & Mary Silva dJb/a B1 Burrito Marke� & Bake� for the premises located at 175 Concord Street in St. ?Gul License ID No.: 18675 Dear Mr. and Ms. Silva: 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 uader the age of 18 years in the liceased premises. This is an affenae under Mian. Stat. §699.685 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 be£ore 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 1ega1 assistant, Peter Pangborn, within S days, and we will take the necessary steps to set up that ALJ hearing. ue can be reached at 266-8710. �age 1 � �� If you have any cl:estions, :ou may contact me at 266-8710. Sincerely, O J / L� �f.�/ ;��1 J � ��.1:7.1,: � Virginia D. Palmer Assistant City P_ttc_ney cc: Robert Kessler, Directcr, LIEP Christine Roze'.t, LIEP Sandra Levi.^.e, Commur_ty Organizer, West Side Citizer.s Organization, 625 Stryker Ave., St. Paul, MN 55107 Page 2 Q�� STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE SY MAIL COUNTY OF R.}�1`�SEY ) 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 persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Thomas Silva and Ms. Mary Silva El Burrito Market & Bakery 175 Concord 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. I . �� i�!�/ i _ - � . . • � Rt, ^n. EOSSARD � - r '�'; -�� uc � r^, t.� .�.-'f COUNTY � My Com,m. Exr;res,tan. 31.2ppp of said persons) and depositing the United States mails at St. �� C� Lic ID ................... 18675 STAT ..................... AC Business Name............ THOMAS & MARY SILVA Address .................. 175 CONCORD ST Zip ...................... 55107 Doing Business As........ EL BURRITO MARKET & BAKERY License Name ............. FOOD PROCESSOR TO 2000 SQ. FT. . GROCERY (D) . CIGARETTE . RESTAURANT (B)-MORE THAN 12 SEATS Exp Date ................. 03/31j97 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 5/96 BAKERY ADD-ON LIC ELIMINATED PER C.F #95-1457 . 12j2j96 CODE CHANGED FR/2467 TO 2667 PER GARY . PECHMANN PER NEW ORDINANCE EFFECTIVE 12j23/96--LAP Tax Id ................... 5541326 Worker Comp Exp Date..... O1j19/94 Telephone ................ 227-2192 Press <RETURN> to continue... A1t-Z FOR H&LP° VT102 ° FDX ° 960a E71 ° L,OG CLOSED ° PRINT OFF ° Press `C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 960� E71 ° LOG CLOSED ° PRINT OFF ° 0 — `�� DATE TO: FROM: RE: CITY OF SAINT PATIL `-� -' �:� : �; =��,��' INTERDEPARTMENTAL MEMORANDUM =: �' ,` "�` '� � �' UtC �� ?�� - r; ?. s �. �;^ [ `�;` � � ' December 17 , 1996 `" ¢ � " � � � "-' �'� i Robert iCessler Dizectoz, LIEP Richard W. Jents �� License/Environmental Protection Inspector Cigarette Compliance Checks On December 16, 1996 between the nours of 4:30 p.m. and 6:30 p.m., a 16-year-old male decoy and I conducte3 ciaaret.e compliance checks. The following businesses made sales to the decoy: I.D. NAMF Ad3ress Brand Sold 16675 El Burrito Narket & Bakery 175 Concord *lariboro 17494 American & Asi&n Grocerp 33 East George Mariboro 2 spent $4.90 on cigarettes. RJ/lb cc: Gary Pechmann ' Ginger Palmer Peter Pangborn ,. � TOHACCO COMPt]ANCE CHECK FORM DATE �� /( C�hJt,TE: S'� S//S'` TAX I. D. NUMBER /!✓ - � . NAMEOFCOMP CE liECl�R: NAMEOFOFFiCER NAMEANDADDRESSOFLICENSEDYENppR � r5 S�n�s� �,•.• jJ; # /�� 7� Q�� WAS THETOBACCO - SELF SERVE? ASSISTED? � MACHWE? SALE WAS MADE YES _� N0: BRAND: i Gj ✓�`y U(�(J r NAME OF CLERK: `� - - �`Y�'^ ✓ _ SIX: M . F: DESCRIPTtON: CHECKABORTED: YES Np ADDITIONAL COMv1ENTS: %��e r,. _r c. . � ."L / � i� i � t.l: r