98-319Council File # 0 � a�
oR���NAL
Presented By
Referred To
Committee: Date
�2
RESOLVED, that the Licensee, A.C.A. Management Services dlbfa Amoco Food Shop
(License ID No. 23459), located at U47 Universiry Avenue West in Saint Paul is hereby ordered
to pay a fine of $2Q0.00 for the violation of the sale of tobacco or tobacco products to a minor.
Said fine shall be paid to the Office of License, Inspections and Environmental Protection
within tlurty (30) days of the adoption of this resolution by the Council and signature by the Mayor.
This resolution and the action of the Council in this matter are based upon the facts contained
in the Notice of Violation letter to the licensee, the Tobacco Compliance Check Form, and such
arguments as may have been presented to the Council at the public hearing. The facts were not
contested by the licensee.
Requested by Department of:
Adopted by Council: Date � a � '��'
Certified by Council Secretary
B y: ,_�-` -- —�
� � �
Approved by Mayo .
By: -�
�
Green Sheet # 60859
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��T�.�
By: L ��� ..�����c�r�rt�
Form Approved by City Attorney
B � � ��.�
Approved by Mayor for Submission to Council
By:
Citv Gouncil
Councilmember Benanav
22, 1998 Public Hearing
TOTAL # OF SIGNATURE PAGES
q$ -3�9
No 60859
u�.,�,�� ���.._
❑ CRYATiORIEY ❑ CT'UiRK
❑ rx.HC,�eenxe[sow. ❑ w,wcutaam.KCro
❑ wraetoR�as�n�wn ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Concerning adverse action against licenses held by A.C.A. Management Services, dba
Amoco Food Shop, 1347 University Avenue West. (UnconYested)
PLANNINO COMMISSION
CIB COMMITT'EE
CIVII SERVICE COMMISSION
Has tnis person/firm everVwrkea under a conhau tartnie aePertmenn
YE5 NO
Fks this PersoNfirm ever been a dlY emPbYee?
YES NO
Oces this ce��M� rossess a slti�� not �w'matbposaessed DY anv airceM city empbyee7
YES NO
Is Mis person/firm a targetetl ventloR
YE3 NO
Gou�cil Rase�TCh ��r�er
�
,. F
OF TRANSACTION S
SOURCE
zo 1998 � GREEN SHEET
COSTrttEVQlVE BUG6EfEU (CIRCLE ON�
ACTNI7Y NUFIBER
YE8 NO
(��M
q8 -3�q
UNCONTESTED LICENSE HEARING
Licensee Name: A.C.A. Management Services d/b/a
Amoco Food Shop
Address: 1347 University Avenue West
Councif Hearing Date: Aprit 22, 1998
Violation: Sate of Cigarettes to a Minor
Minn. Stat. § 509.685
St. Paul Legislative Code § 324.07
Date: Janaury 15, 1998
Place: Licensed Premises
Presumptive Penalty: $200.00 Fine
Recommendation of Assistant City Attorney on behaif of client, Office
of License, Inspections and Environmentat Protection:
$200.00 fine (first offense)
Attachments:
1. Proposed resolution
2. Notice of Violation
3. License information
4. Tobacco Compliance Check Form
5. City Attorney License Adverse Action Summary
�
CITY OF SAINT PAUL
Norm Coleman, Mayot
Februazy 10, 1498
OFFIf"' OF TkIE CITY ATTORNEY
Peg Birw, ., ry Attornry
GvilDivisinrt
400 City Hal(
75 West%llogg BFvd
Saint Pat� Mmnesata 55102
°18 - � �°�
Tetephnnc 612266-87I0
Facsimile 61129&5619
NOTICE OF VIOLATION
Owner/Manager
Amoco Food Shop
1347 University Avenue West
Saint Paul, Minnesota SS1Q4
RE: Cigazette ticense held by A C A Management Services d/6!a Amoco Food Shop far the
premises located at 1347 University Ave. in St. Paul
License ID No.: 23959
Deaz Sir/Madam:
Yout business recently failed a cigarette compliance check. As a result, the Director of the
Office of License, Inspections and Environmentai Protection will recommend that adverse action
be taken against your cigazette license held at the above-named address. This recommendation is
based on the following:
On January I5, 1998, you or another employee sold cigarettes to a minor
under the age of 18 years in the licensed premises. This is an offense under
Minn. Stak § 609.685 and Saint Paul Legislative Code §324.07.
Since ttus is your first violarion, the licensing office will recommend the presumptive fine which
is $200.00 as outlined in Saint Paul Legislative Code § 324.11(b).
At this time you have three options on how to proceed:
Pay the fine.
Saint Paul Legislative Code §324.11(c) ailows a licensee who does not dispute the
facts to pay a fine without having to appear before the City Council. If you elect
this option, you shouid send a lettet with a statement to that effect and make
payment duect]y to: Q Q�'� ��
"1u
Attn. Christine Rozek
Office of License, Inspecrions and Environmental Protection
Lowry Professional Building, Room 300
350 Saint Peter Street
Saint Paul, Minnesota 55102
Please make vou check pavable to the CITV OF SAINT PAUT and submit it
no later than Tuesdav, Februarv 24, 1998.
2. Appear in front of City Council.
If you da not dispute the facts, but wish to have an oppommity to appear before
the Ciry Council, you need to send me letter with a statement to that effect. We
will then schedule the matter before the City Council. You will be given the
opportunity to appear and make a statement on your own behalf.
3. Contest the facts.
If you do dispute the above facts, a hearing will be scheduled before an
Administrative Law Judge (AL.n. At that hearing both you and the City wiil be
able to appeaz and present witnesses, evidence and cross-examine the other's
witnesses. The Saint Paul City Council wiil ultimately decide the case. If this is
your choice, piease contact Peter Pangborn, my legal assistant, and we will take
the necessary steps to schedule the ALJ hearing. He can be reached at 266-8710.
If we have not heard from you by Wednesday, February 25,1998, we will assume that you
do not contest the facts and will schedule this matter before the City Councii for hearing.
If you have any questions, you may contact me at 266-8710.
Sincerely,
��,e��- °'�
Rachei H. Young
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
Page 2
�
°I8 - � 19
STATE OF MINNESQTA )
3 ss.
COUNTY OF RAMSEY
�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on February il, 1998, 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
Amoco Food Shop
1347 University Avenue W.
St. Paul, MN. 55104
(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 11th day of February, 1998.
���. �- ����..
Notary Pub�ic
. .
RITA AA. BOSSARD
• NOTARYPC?LIC-A;:I;:;c50TA
„F Rn"1., -; CG� :7Y
NY Corm E "' 37.2000
• s
�18 - ��°�
Lic ID ...................
STAT .....................
Business Name............
Address ..................
Zip ......................
Doing Business As........
License I3ame .............
Exp Date .................
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
NOTE AREA ................
Tax Id ...................
Worker Comp Exp Date.....
Telephone ................
23959
AC
A C A MZINAGEMENT SERVICES
1347 UNI�IERSITY AVE W 87
551a4
AMOCO FOOD SHOP
GAS STATION
GROCERY (C)
CIGARETTE
03f31/98
INSP CHANGE FROM 02 TO O1 ON 4/09/92
INSPECTOR CHANGE FROM BARB TO MIKE - 1j6/92
1/1/93 PER BOB - ADD'L GAS PUMP LICENSE ELIMINATED
8744471
O5/O1/94
636-3390
�8-��q
TOBACCO COMPLIANCE CHECK FORM
DATE: I�� 5( 4�� TAQE: �- i`� LICENSE I.D. NUMBER: � S
NAME OF COMPLIANCE CHECKER: �, Ssa � I��� NAME OF OFFICER: Cnn' s
NAME&ADDRESSOFLICENSEDVENDOR: {1CAhn•,,.,,_�. S,rnr,,`c.�.� ba-,..r cc)
�?�t-F�"t �.t�...;,, . � SZ"�
WAS Tf� TOBACCO: SELF-SERVE? ASSISTEB? MACHINE7
DID Tf� MACHINE HAVE Tf� PROPER REMOTE DEVICE7
SALE WAS MADE: YES � NO BRAND: �'�,�
NAMEOFCLERK: .✓�;; � i� �-� i�;r� SEX: M F !/
DESCRIPTION:
CHECK ABORTED: YES
NO �
ADDIT'fONAL COMMENfS: �.�`� �c:�IcA�Q y.o � r,, ��_ `�.,,..�,� C n'�:�(� }
Business License Master Inquiry
LICENSE I.D. 23959
LICENSE NAME A C A M1�NAGEMENT SERVICES
FIRST I3AME MIDDL£s INITIAL
STREET NUMBER 1347
STREET NAME UNIVERSITY
CITY ST. PAUL STATE MN
BILLING NAME
STREET NUMEER
STREET I3AMf;
CITY STATE
D.B.A. AMOCO FOOD SHOP
COMBINE CODE
TAX ID 8744471 SSN - -
PHONE NUN�ER 612-6363390
DEALER NUMBER BADGE.NO
Mailing License to the Billing Address (Y/N)
Date: Jan 20
�LY - �t�
BLD
STREET DIRECTION W
STREET TYPE AV
ZIP 55104 UNIT 87
BLD
STREET DIRECTION
STREET TYPE
ZIP UNIT
LIC.EXP,DATE 03J31/98
CEN.TK
TERR 07 KRIS
FIRE
EFFECTIVE DATE 04/�1f86
OFFICE OF THE CITY ATTORNEY
Peg Bir$ Ciry Atrorney
CITY OF SAINT PAL3L
Norm Coleman, Mayor
Civi/ Division
400 Ciry Hal!
IS WesrKellaggBlvd
Saint Paut, Minnesota 55102
°�q •� 1°1
Telephone: 612 266-87I0
Facsimi[e: 612 298-56l9
Mazch 18, 1998
NOTICE OF COUNCIL E�EARING
Owner/Manager
Amoco Food Shop
1347 University Avenue West
Saint Paul, Mimiesota 55104
RE: Cigarette lacense held by A.C.A. Management Services d/b/a Amoco Food Shop for the
premises located at 1347 University Ave. in St. Paul
License ID No. :23959
Our File Number: G98-0044
Deaz Sir/Madam:
Please take nofice that a hearing conceming the above-named establishment has been scheduled for
5:30 p.m., Wednesday, April 22,1998 in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolufion 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 cigazettes haue not been disputed. You will have an
opporiunity at the Council hearing to present oral andior written remarks as to the penalty, if ariy,
to be imposed. The recommendation of the license office will be for a$200.00 fine.
If you have any questions, please call me at 266-8710.
Very truly yours,
�G ���-��.
Virginia Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
co;as�c:� s���.� � ,,., r� � s� _
r �v;;�ra.: � n,v;
�AR � � ����
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul,
MN 55104
Council File # 0 � a�
oR���NAL
Presented By
Referred To
Committee: Date
�2
RESOLVED, that the Licensee, A.C.A. Management Services dlbfa Amoco Food Shop
(License ID No. 23459), located at U47 Universiry Avenue West in Saint Paul is hereby ordered
to pay a fine of $2Q0.00 for the violation of the sale of tobacco or tobacco products to a minor.
Said fine shall be paid to the Office of License, Inspections and Environmental Protection
within tlurty (30) days of the adoption of this resolution by the Council and signature by the Mayor.
This resolution and the action of the Council in this matter are based upon the facts contained
in the Notice of Violation letter to the licensee, the Tobacco Compliance Check Form, and such
arguments as may have been presented to the Council at the public hearing. The facts were not
contested by the licensee.
Requested by Department of:
Adopted by Council: Date � a � '��'
Certified by Council Secretary
B y: ,_�-` -- —�
� � �
Approved by Mayo .
By: -�
�
Green Sheet # 60859
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��T�.�
By: L ��� ..�����c�r�rt�
Form Approved by City Attorney
B � � ��.�
Approved by Mayor for Submission to Council
By:
Citv Gouncil
Councilmember Benanav
22, 1998 Public Hearing
TOTAL # OF SIGNATURE PAGES
q$ -3�9
No 60859
u�.,�,�� ���.._
❑ CRYATiORIEY ❑ CT'UiRK
❑ rx.HC,�eenxe[sow. ❑ w,wcutaam.KCro
❑ wraetoR�as�n�wn ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Concerning adverse action against licenses held by A.C.A. Management Services, dba
Amoco Food Shop, 1347 University Avenue West. (UnconYested)
PLANNINO COMMISSION
CIB COMMITT'EE
CIVII SERVICE COMMISSION
Has tnis person/firm everVwrkea under a conhau tartnie aePertmenn
YE5 NO
Fks this PersoNfirm ever been a dlY emPbYee?
YES NO
Oces this ce��M� rossess a slti�� not �w'matbposaessed DY anv airceM city empbyee7
YES NO
Is Mis person/firm a targetetl ventloR
YE3 NO
Gou�cil Rase�TCh ��r�er
�
,. F
OF TRANSACTION S
SOURCE
zo 1998 � GREEN SHEET
COSTrttEVQlVE BUG6EfEU (CIRCLE ON�
ACTNI7Y NUFIBER
YE8 NO
(��M
q8 -3�q
UNCONTESTED LICENSE HEARING
Licensee Name: A.C.A. Management Services d/b/a
Amoco Food Shop
Address: 1347 University Avenue West
Councif Hearing Date: Aprit 22, 1998
Violation: Sate of Cigarettes to a Minor
Minn. Stat. § 509.685
St. Paul Legislative Code § 324.07
Date: Janaury 15, 1998
Place: Licensed Premises
Presumptive Penalty: $200.00 Fine
Recommendation of Assistant City Attorney on behaif of client, Office
of License, Inspections and Environmentat Protection:
$200.00 fine (first offense)
Attachments:
1. Proposed resolution
2. Notice of Violation
3. License information
4. Tobacco Compliance Check Form
5. City Attorney License Adverse Action Summary
�
CITY OF SAINT PAUL
Norm Coleman, Mayot
Februazy 10, 1498
OFFIf"' OF TkIE CITY ATTORNEY
Peg Birw, ., ry Attornry
GvilDivisinrt
400 City Hal(
75 West%llogg BFvd
Saint Pat� Mmnesata 55102
°18 - � �°�
Tetephnnc 612266-87I0
Facsimile 61129&5619
NOTICE OF VIOLATION
Owner/Manager
Amoco Food Shop
1347 University Avenue West
Saint Paul, Minnesota SS1Q4
RE: Cigazette ticense held by A C A Management Services d/6!a Amoco Food Shop far the
premises located at 1347 University Ave. in St. Paul
License ID No.: 23959
Deaz Sir/Madam:
Yout business recently failed a cigarette compliance check. As a result, the Director of the
Office of License, Inspections and Environmentai Protection will recommend that adverse action
be taken against your cigazette license held at the above-named address. This recommendation is
based on the following:
On January I5, 1998, you or another employee sold cigarettes to a minor
under the age of 18 years in the licensed premises. This is an offense under
Minn. Stak § 609.685 and Saint Paul Legislative Code §324.07.
Since ttus is your first violarion, the licensing office will recommend the presumptive fine which
is $200.00 as outlined in Saint Paul Legislative Code § 324.11(b).
At this time you have three options on how to proceed:
Pay the fine.
Saint Paul Legislative Code §324.11(c) ailows a licensee who does not dispute the
facts to pay a fine without having to appear before the City Council. If you elect
this option, you shouid send a lettet with a statement to that effect and make
payment duect]y to: Q Q�'� ��
"1u
Attn. Christine Rozek
Office of License, Inspecrions and Environmental Protection
Lowry Professional Building, Room 300
350 Saint Peter Street
Saint Paul, Minnesota 55102
Please make vou check pavable to the CITV OF SAINT PAUT and submit it
no later than Tuesdav, Februarv 24, 1998.
2. Appear in front of City Council.
If you da not dispute the facts, but wish to have an oppommity to appear before
the Ciry Council, you need to send me letter with a statement to that effect. We
will then schedule the matter before the City Council. You will be given the
opportunity to appear and make a statement on your own behalf.
3. Contest the facts.
If you do dispute the above facts, a hearing will be scheduled before an
Administrative Law Judge (AL.n. At that hearing both you and the City wiil be
able to appeaz and present witnesses, evidence and cross-examine the other's
witnesses. The Saint Paul City Council wiil ultimately decide the case. If this is
your choice, piease contact Peter Pangborn, my legal assistant, and we will take
the necessary steps to schedule the ALJ hearing. He can be reached at 266-8710.
If we have not heard from you by Wednesday, February 25,1998, we will assume that you
do not contest the facts and will schedule this matter before the City Councii for hearing.
If you have any questions, you may contact me at 266-8710.
Sincerely,
��,e��- °'�
Rachei H. Young
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
Page 2
�
°I8 - � 19
STATE OF MINNESQTA )
3 ss.
COUNTY OF RAMSEY
�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on February il, 1998, 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
Amoco Food Shop
1347 University Avenue W.
St. Paul, MN. 55104
(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 11th day of February, 1998.
���. �- ����..
Notary Pub�ic
. .
RITA AA. BOSSARD
• NOTARYPC?LIC-A;:I;:;c50TA
„F Rn"1., -; CG� :7Y
NY Corm E "' 37.2000
• s
�18 - ��°�
Lic ID ...................
STAT .....................
Business Name............
Address ..................
Zip ......................
Doing Business As........
License I3ame .............
Exp Date .................
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
NOTE AREA ................
Tax Id ...................
Worker Comp Exp Date.....
Telephone ................
23959
AC
A C A MZINAGEMENT SERVICES
1347 UNI�IERSITY AVE W 87
551a4
AMOCO FOOD SHOP
GAS STATION
GROCERY (C)
CIGARETTE
03f31/98
INSP CHANGE FROM 02 TO O1 ON 4/09/92
INSPECTOR CHANGE FROM BARB TO MIKE - 1j6/92
1/1/93 PER BOB - ADD'L GAS PUMP LICENSE ELIMINATED
8744471
O5/O1/94
636-3390
�8-��q
TOBACCO COMPLIANCE CHECK FORM
DATE: I�� 5( 4�� TAQE: �- i`� LICENSE I.D. NUMBER: � S
NAME OF COMPLIANCE CHECKER: �, Ssa � I��� NAME OF OFFICER: Cnn' s
NAME&ADDRESSOFLICENSEDVENDOR: {1CAhn•,,.,,_�. S,rnr,,`c.�.� ba-,..r cc)
�?�t-F�"t �.t�...;,, . � SZ"�
WAS Tf� TOBACCO: SELF-SERVE? ASSISTEB? MACHINE7
DID Tf� MACHINE HAVE Tf� PROPER REMOTE DEVICE7
SALE WAS MADE: YES � NO BRAND: �'�,�
NAMEOFCLERK: .✓�;; � i� �-� i�;r� SEX: M F !/
DESCRIPTION:
CHECK ABORTED: YES
NO �
ADDIT'fONAL COMMENfS: �.�`� �c:�IcA�Q y.o � r,, ��_ `�.,,..�,� C n'�:�(� }
Business License Master Inquiry
LICENSE I.D. 23959
LICENSE NAME A C A M1�NAGEMENT SERVICES
FIRST I3AME MIDDL£s INITIAL
STREET NUMBER 1347
STREET NAME UNIVERSITY
CITY ST. PAUL STATE MN
BILLING NAME
STREET NUMEER
STREET I3AMf;
CITY STATE
D.B.A. AMOCO FOOD SHOP
COMBINE CODE
TAX ID 8744471 SSN - -
PHONE NUN�ER 612-6363390
DEALER NUMBER BADGE.NO
Mailing License to the Billing Address (Y/N)
Date: Jan 20
�LY - �t�
BLD
STREET DIRECTION W
STREET TYPE AV
ZIP 55104 UNIT 87
BLD
STREET DIRECTION
STREET TYPE
ZIP UNIT
LIC.EXP,DATE 03J31/98
CEN.TK
TERR 07 KRIS
FIRE
EFFECTIVE DATE 04/�1f86
OFFICE OF THE CITY ATTORNEY
Peg Bir$ Ciry Atrorney
CITY OF SAINT PAL3L
Norm Coleman, Mayor
Civi/ Division
400 Ciry Hal!
IS WesrKellaggBlvd
Saint Paut, Minnesota 55102
°�q •� 1°1
Telephone: 612 266-87I0
Facsimi[e: 612 298-56l9
Mazch 18, 1998
NOTICE OF COUNCIL E�EARING
Owner/Manager
Amoco Food Shop
1347 University Avenue West
Saint Paul, Mimiesota 55104
RE: Cigarette lacense held by A.C.A. Management Services d/b/a Amoco Food Shop for the
premises located at 1347 University Ave. in St. Paul
License ID No. :23959
Our File Number: G98-0044
Deaz Sir/Madam:
Please take nofice that a hearing conceming the above-named establishment has been scheduled for
5:30 p.m., Wednesday, April 22,1998 in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolufion 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 cigazettes haue not been disputed. You will have an
opporiunity at the Council hearing to present oral andior written remarks as to the penalty, if ariy,
to be imposed. The recommendation of the license office will be for a$200.00 fine.
If you have any questions, please call me at 266-8710.
Very truly yours,
�G ���-��.
Virginia Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
co;as�c:� s���.� � ,,., r� � s� _
r �v;;�ra.: � n,v;
�AR � � ����
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul,
MN 55104
Council File # 0 � a�
oR���NAL
Presented By
Referred To
Committee: Date
�2
RESOLVED, that the Licensee, A.C.A. Management Services dlbfa Amoco Food Shop
(License ID No. 23459), located at U47 Universiry Avenue West in Saint Paul is hereby ordered
to pay a fine of $2Q0.00 for the violation of the sale of tobacco or tobacco products to a minor.
Said fine shall be paid to the Office of License, Inspections and Environmental Protection
within tlurty (30) days of the adoption of this resolution by the Council and signature by the Mayor.
This resolution and the action of the Council in this matter are based upon the facts contained
in the Notice of Violation letter to the licensee, the Tobacco Compliance Check Form, and such
arguments as may have been presented to the Council at the public hearing. The facts were not
contested by the licensee.
Requested by Department of:
Adopted by Council: Date � a � '��'
Certified by Council Secretary
B y: ,_�-` -- —�
� � �
Approved by Mayo .
By: -�
�
Green Sheet # 60859
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��T�.�
By: L ��� ..�����c�r�rt�
Form Approved by City Attorney
B � � ��.�
Approved by Mayor for Submission to Council
By:
Citv Gouncil
Councilmember Benanav
22, 1998 Public Hearing
TOTAL # OF SIGNATURE PAGES
q$ -3�9
No 60859
u�.,�,�� ���.._
❑ CRYATiORIEY ❑ CT'UiRK
❑ rx.HC,�eenxe[sow. ❑ w,wcutaam.KCro
❑ wraetoR�as�n�wn ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Concerning adverse action against licenses held by A.C.A. Management Services, dba
Amoco Food Shop, 1347 University Avenue West. (UnconYested)
PLANNINO COMMISSION
CIB COMMITT'EE
CIVII SERVICE COMMISSION
Has tnis person/firm everVwrkea under a conhau tartnie aePertmenn
YE5 NO
Fks this PersoNfirm ever been a dlY emPbYee?
YES NO
Oces this ce��M� rossess a slti�� not �w'matbposaessed DY anv airceM city empbyee7
YES NO
Is Mis person/firm a targetetl ventloR
YE3 NO
Gou�cil Rase�TCh ��r�er
�
,. F
OF TRANSACTION S
SOURCE
zo 1998 � GREEN SHEET
COSTrttEVQlVE BUG6EfEU (CIRCLE ON�
ACTNI7Y NUFIBER
YE8 NO
(��M
q8 -3�q
UNCONTESTED LICENSE HEARING
Licensee Name: A.C.A. Management Services d/b/a
Amoco Food Shop
Address: 1347 University Avenue West
Councif Hearing Date: Aprit 22, 1998
Violation: Sate of Cigarettes to a Minor
Minn. Stat. § 509.685
St. Paul Legislative Code § 324.07
Date: Janaury 15, 1998
Place: Licensed Premises
Presumptive Penalty: $200.00 Fine
Recommendation of Assistant City Attorney on behaif of client, Office
of License, Inspections and Environmentat Protection:
$200.00 fine (first offense)
Attachments:
1. Proposed resolution
2. Notice of Violation
3. License information
4. Tobacco Compliance Check Form
5. City Attorney License Adverse Action Summary
�
CITY OF SAINT PAUL
Norm Coleman, Mayot
Februazy 10, 1498
OFFIf"' OF TkIE CITY ATTORNEY
Peg Birw, ., ry Attornry
GvilDivisinrt
400 City Hal(
75 West%llogg BFvd
Saint Pat� Mmnesata 55102
°18 - � �°�
Tetephnnc 612266-87I0
Facsimile 61129&5619
NOTICE OF VIOLATION
Owner/Manager
Amoco Food Shop
1347 University Avenue West
Saint Paul, Minnesota SS1Q4
RE: Cigazette ticense held by A C A Management Services d/6!a Amoco Food Shop far the
premises located at 1347 University Ave. in St. Paul
License ID No.: 23959
Deaz Sir/Madam:
Yout business recently failed a cigarette compliance check. As a result, the Director of the
Office of License, Inspections and Environmentai Protection will recommend that adverse action
be taken against your cigazette license held at the above-named address. This recommendation is
based on the following:
On January I5, 1998, you or another employee sold cigarettes to a minor
under the age of 18 years in the licensed premises. This is an offense under
Minn. Stak § 609.685 and Saint Paul Legislative Code §324.07.
Since ttus is your first violarion, the licensing office will recommend the presumptive fine which
is $200.00 as outlined in Saint Paul Legislative Code § 324.11(b).
At this time you have three options on how to proceed:
Pay the fine.
Saint Paul Legislative Code §324.11(c) ailows a licensee who does not dispute the
facts to pay a fine without having to appear before the City Council. If you elect
this option, you shouid send a lettet with a statement to that effect and make
payment duect]y to: Q Q�'� ��
"1u
Attn. Christine Rozek
Office of License, Inspecrions and Environmental Protection
Lowry Professional Building, Room 300
350 Saint Peter Street
Saint Paul, Minnesota 55102
Please make vou check pavable to the CITV OF SAINT PAUT and submit it
no later than Tuesdav, Februarv 24, 1998.
2. Appear in front of City Council.
If you da not dispute the facts, but wish to have an oppommity to appear before
the Ciry Council, you need to send me letter with a statement to that effect. We
will then schedule the matter before the City Council. You will be given the
opportunity to appear and make a statement on your own behalf.
3. Contest the facts.
If you do dispute the above facts, a hearing will be scheduled before an
Administrative Law Judge (AL.n. At that hearing both you and the City wiil be
able to appeaz and present witnesses, evidence and cross-examine the other's
witnesses. The Saint Paul City Council wiil ultimately decide the case. If this is
your choice, piease contact Peter Pangborn, my legal assistant, and we will take
the necessary steps to schedule the ALJ hearing. He can be reached at 266-8710.
If we have not heard from you by Wednesday, February 25,1998, we will assume that you
do not contest the facts and will schedule this matter before the City Councii for hearing.
If you have any questions, you may contact me at 266-8710.
Sincerely,
��,e��- °'�
Rachei H. Young
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Christine Rozek, LIEP
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St.
Paul, MN 55104
Page 2
�
°I8 - � 19
STATE OF MINNESQTA )
3 ss.
COUNTY OF RAMSEY
�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on February il, 1998, 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
Amoco Food Shop
1347 University Avenue W.
St. Paul, MN. 55104
(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 11th day of February, 1998.
���. �- ����..
Notary Pub�ic
. .
RITA AA. BOSSARD
• NOTARYPC?LIC-A;:I;:;c50TA
„F Rn"1., -; CG� :7Y
NY Corm E "' 37.2000
• s
�18 - ��°�
Lic ID ...................
STAT .....................
Business Name............
Address ..................
Zip ......................
Doing Business As........
License I3ame .............
Exp Date .................
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
NOTE AREA ................
Tax Id ...................
Worker Comp Exp Date.....
Telephone ................
23959
AC
A C A MZINAGEMENT SERVICES
1347 UNI�IERSITY AVE W 87
551a4
AMOCO FOOD SHOP
GAS STATION
GROCERY (C)
CIGARETTE
03f31/98
INSP CHANGE FROM 02 TO O1 ON 4/09/92
INSPECTOR CHANGE FROM BARB TO MIKE - 1j6/92
1/1/93 PER BOB - ADD'L GAS PUMP LICENSE ELIMINATED
8744471
O5/O1/94
636-3390
�8-��q
TOBACCO COMPLIANCE CHECK FORM
DATE: I�� 5( 4�� TAQE: �- i`� LICENSE I.D. NUMBER: � S
NAME OF COMPLIANCE CHECKER: �, Ssa � I��� NAME OF OFFICER: Cnn' s
NAME&ADDRESSOFLICENSEDVENDOR: {1CAhn•,,.,,_�. S,rnr,,`c.�.� ba-,..r cc)
�?�t-F�"t �.t�...;,, . � SZ"�
WAS Tf� TOBACCO: SELF-SERVE? ASSISTEB? MACHINE7
DID Tf� MACHINE HAVE Tf� PROPER REMOTE DEVICE7
SALE WAS MADE: YES � NO BRAND: �'�,�
NAMEOFCLERK: .✓�;; � i� �-� i�;r� SEX: M F !/
DESCRIPTION:
CHECK ABORTED: YES
NO �
ADDIT'fONAL COMMENfS: �.�`� �c:�IcA�Q y.o � r,, ��_ `�.,,..�,� C n'�:�(� }
Business License Master Inquiry
LICENSE I.D. 23959
LICENSE NAME A C A M1�NAGEMENT SERVICES
FIRST I3AME MIDDL£s INITIAL
STREET NUMBER 1347
STREET NAME UNIVERSITY
CITY ST. PAUL STATE MN
BILLING NAME
STREET NUMEER
STREET I3AMf;
CITY STATE
D.B.A. AMOCO FOOD SHOP
COMBINE CODE
TAX ID 8744471 SSN - -
PHONE NUN�ER 612-6363390
DEALER NUMBER BADGE.NO
Mailing License to the Billing Address (Y/N)
Date: Jan 20
�LY - �t�
BLD
STREET DIRECTION W
STREET TYPE AV
ZIP 55104 UNIT 87
BLD
STREET DIRECTION
STREET TYPE
ZIP UNIT
LIC.EXP,DATE 03J31/98
CEN.TK
TERR 07 KRIS
FIRE
EFFECTIVE DATE 04/�1f86
OFFICE OF THE CITY ATTORNEY
Peg Bir$ Ciry Atrorney
CITY OF SAINT PAL3L
Norm Coleman, Mayor
Civi/ Division
400 Ciry Hal!
IS WesrKellaggBlvd
Saint Paut, Minnesota 55102
°�q •� 1°1
Telephone: 612 266-87I0
Facsimi[e: 612 298-56l9
Mazch 18, 1998
NOTICE OF COUNCIL E�EARING
Owner/Manager
Amoco Food Shop
1347 University Avenue West
Saint Paul, Mimiesota 55104
RE: Cigarette lacense held by A.C.A. Management Services d/b/a Amoco Food Shop for the
premises located at 1347 University Ave. in St. Paul
License ID No. :23959
Our File Number: G98-0044
Deaz Sir/Madam:
Please take nofice that a hearing conceming the above-named establishment has been scheduled for
5:30 p.m., Wednesday, April 22,1998 in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolufion 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 cigazettes haue not been disputed. You will have an
opporiunity at the Council hearing to present oral andior written remarks as to the penalty, if ariy,
to be imposed. The recommendation of the license office will be for a$200.00 fine.
If you have any questions, please call me at 266-8710.
Very truly yours,
�G ���-��.
Virginia Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Robert Kessler, Director, LIEP
Christine Rozek, LIEP
co;as�c:� s���.� � ,,., r� � s� _
r �v;;�ra.: � n,v;
�AR � � ����
Cathy Lue, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul,
MN 55104