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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