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98-320Council File # � �� ORIGINAL Green Sheet # 60858 RESOLUTION CITY OF S141NT PAUL, MINNESOTA 33 Presented By Referred To Committee: Date RESOLVED, that the Licensee, Joseph L. Brost dibia Grand Wheeler Sinclair II (License ID No. 79666), located at 1345 Grand Avenue in Saint Paul is hereby ordered to pay a fine of $200.00 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 wit2�in 8vriy (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 Viola6on 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: o�`�.�, �� Adopted by Council: Date �Y�,,,�� r Certified by Council Secretary By: —�_— \� • t Approved by By: �( / 1 � sy � � eeA��'��-e��6�-i�:: fr � Form Approved by City Attorney By: / � �� G/� � ti � Approved by Mayor for Submission to Council By: ARTMENTIOFFICE/COUtJCfL City Council Ma Racr aoxsoni a wiorie Councilmember Harris tT BE ON GWNCIL AGENDp BY (DKfE� � April 22, 1998 Public Hearin � Ra � TOTAL # OF SIGNATURE PAGES Concerning adverse action against cigarette license held by Grand Wheeler Sinclair II. (Uncontested) PLANNING COMMISSION CIB COMMITTEE CML SERVI6E COMMISSION Ea °'! �°'LP?�P`."��,:�� Ll.�i1�t� y ,4°�q°��:1 3 �' H qk -3aa GREEN SHEET t�o 60858 � u �..�� m.� _ �� ❑ UIYAiTORMfl' ❑ tJ1YpiNK ❑ ww�ausEnviersm�. ❑ wu�uua�'aacetc ❑ WYORf�MSOT41n ❑ (CLIP ALL LOCATiONS FOR SIGNATURE) r� mis persoNfi,m ever roncea umler a cvritraa rwmis tlepaamem? VES NO Has thie Pe�Mtm e✓er heeti aGtY emWoYce7 vES rio �oes this peisoMum Goasess a s16U not namallYP�� bY anY curreM citY emPloyee? YES N� is thie P��ttn a targetetl veMoY7 YES NO � c r. <► ' `�"'. AOUNT OF TRANSACTION t COST/REVENUE BUDOETBD 1CIRCLE OM� VES NO SOURCE ACTNITV Nl1MBER INFORMATION (IXPWN� qg . �,ao UNCONTESTED LiCENSE HEARING Licensee Name: Address: Joseph L. Brost d/b/a Grand Wheeter Sinclair II 1345 Grand Avenue Council Hearing Date: Aprit 22, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paut Legislative Code § 324.07 Date of Violation Place: Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Tobacco Compliance Check Form Janaury 21, 1998 Licensed Premises 5. City Attorney License Adverse Action Summary CITY OF SAINT PAUL No�m Coteman, Mayo� February 10, 1998 OFFI! OF THE CITY ATTORNEY Peg Bir,., „ity Anorney Clvll D(V%S10X 400 City HaR 73 WestReTtogg Blvd 9alntPau� Minnesota 55101 9b-3aa Telephonc 6I2266-87I0 Facsimile 61219&5619 NOTICE OF VIOLATION Mr. 7oseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue Saint Paul, Minnesota 55105 RE: Cigazette license held by Joseph L. Brost d/b/a Grand Wheeler Sinclair II for the premises located at 1345 Cnand Ave. in St Paul License ID No.: 79666 Deaz Mr. Brost: Your business recently failed a cigarette compliance check. As a result, the D'uector 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 address. This recommendation is based on the following: On January 21, 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. Stat § 609.685 and Saint Paul Legislafive Code §324.01. Since this is your second violation, the licensing office will recommend the presumptive fine which is $400.00 as outlined in Saint Paul Legislative Code § 324.11(b). At this time you have three options on how to proceed: 1. Pay the fine. Saint Paul Legislative Code §324.11(c) allows a licensee who does not dispute the facts to pay a fine without having to appeaz before the City Council. If you elect this opiion, you should send a letter with a statement to that effect and make ��\ payment duectly to: (�$ .'� �,Q Attn. Chrisrine Rozek Office of License, Inspections and Environmental Protection Lowry Professiona! Building, Room 300 350 Saint Peter Street Saint Paul, Minnesota 55102 Please make vou check navable to fhe CITY OF SA T PAUT and submit it no later than Tuesdav. Februarv 24 199& 2. Appear in front of City Council. If you do not dispute the facts, but ��ish to have an opportunity to appeaz before the City Councii, you need to send me letter with a statement to that effect. We will then schedule the matter before ihe City Council. You will be given the opportunity to appear and make a statement on your own behalf. Contest the facts. If you do dispute the above facts, a hearing wiil be scheduled before an Administrative Law 7udge (AL.n. At that hearing both you and the City will be able to appeaz and present wimesses, evidence and cross-examine the other's �vitnesses. The Saint Paul City Council will ultimately decide the case. If this is your choice, please confact Peter Pangbom, my legal assistant, and we will take the necessary steps to schedu]e the ALJ hearing. He can be reached at 266-8710. If we have not heard from yon by Wednesday, February 25,1998, we will assume that you do not contest the facts and will schedule this matter before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, 1�� Rachel H. Young Assistant City Attorney cc: Robert Kessler, D'uector, LIEP Christine Rozek, LIEP Kathie Tamowski, Community Organizer, Macalester Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Page 2 � � ^ i STATE OF MINNESOTA �� . ��0 ) ss. AFFIDAVIT OF SERVICE BY MAIL COUI3TY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 11, 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: Mr. Joseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue St. Paul, MN. 55105 (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 llth day of February, 1998. � . , i� L ��/..'!/ / • • �a ■ F`-� P�_?OS�AF3D ii_ _.,_., � :..' P.ill.;iESOTA � _ � �F.".�_lCOUNTY �� My Cor.m E:Fires Jan. 31. 2000 � ■ a �t�C -� aD Lic ID ................... STAT ..................... Business Name..,......... Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... I30TE AREA ................ TaxId ................... Worker Comp Exp Date..... Telephone ................ 79666 AC BROST, JOSEPH L 1345 GRAND AVE 55105 GRANB WHEELER SII3CLAIR II GAS STATION AUTO REPAIR GARAGE ORIGINAL CONTAINER CIGARETTE 03j31/98 12580 073�92 PH ON APPN FOR NEW GAS STA-3 PUMPS, 7 AD'L PUMPS, GENERAL REPAIR GARAGE, ORIG CONT & CIGARETT E LICENSE APP'D C.F. 92-1108 1/1/93 PER BOB - ADD'L GAS PUMP LICENSE 3/6/96 C.F. #96-236 APP'D IMPOSING $200 THE SALE OF CIGARETTES TO MINORS 2610357 07/O1j94 699-8830 ELIMINATED FINE FOR r a1$ - � �:o_; ,.- ��-� �_.� TOBACCO COMPLIANCE CHECK FORM DATE: � � z, j Gg . TAdE: =r � !� LICENSE LD. N[12vIBER: `� � � � �-P NAME OF COMPLIAI�CE CHECKER: U SS A NAME OF OFFTCER: 1.N� NAME &c ADDRESS OF LICENSID VENDOR l�rAn�Ci� LtJ�ti ��+QJLCt,t,�. i i �-l5 C�.a.�1cR -�, . WAS TI-IE TOBACCO: SELF-SEftVE? _ ASSISTID7 � MACHIDIS? _ DID TI-IE MACHINE HAVE Tf-IE PROPER REMOTE DEVICE? SALE WAS MADE: YES � NO BRAIQD: ��Vlc,,� . N1.ME OF CLERK: ��. ��l r�_ SEX: M� F DESCRIPTION: � � °�'c•1'r�.X � C,..,, .—�c '- - �D-� CHECK ABORTED: YES ADDI'1'IONAL COMMENTS: !�❑O 2 `"1 C� Business License Screen License I.D. '79666 Applicant Name BROST First Name JOSEPH Addr (# Name Type Dir Un) 1345 GRAND City State Zip ST. PAUL MN 55105 Building Name Billing Name Addr (# Name Type Dir Un) City State Zip Building Name D.B.A. GRAND WfiEELER SINCLAIR II Date: Jan 22 �� 3ati AVE Picture Needed Lic Exp DaCe 033198 Tax ID 2610357 Ward Phone Number 612-6998830 Insp 01 RICH Dealer Number Effective Date 040192 Mail License to Bill Address? (YJN) Enter ��00000'� to generate a new LICENSE ID n BUSINESS LICENSE MANAGER SCREEN License ID 79666 Name JOE BROST Transfer from License ID 79666 Transfer to License ID Street Number 1453 Street Direction Unit Street Name HIGHLAND Street Type PKWY City ST PAUL State MN Zip 55116 Phone 6997375 Notes 1:12580 2:073092 PH ON APPN FOR NEW GAS STA-3 PTIMPS, 7 AD'L 3:PUMPS, GENERAL REPAIR GARAGE, ORIG CONT & CIGARETT Env Notes 4:E LICENSE APP'D C.F. 92-1108 5:1/1j93 PER BOB - ADD'L GAS PUMP LICENSE 6:3/6/96 C.F. #96-236 APP'D IMPOSING $200 7:THE SALE OF CIGARETTES TO MINORS S• 1: 2: 3: 4: ELIMINATED FINE FOR Date: Jan 22 ��-�3.0 OFFICE OF Tf� CITY ATTORNEY PegBirk CiryAttorney CITY OF SAINT PAUL Norm Coleman, Mayor Civil D"rvision 400 Ciry Hal1 IS West KelloggBlvd Sarnt Paul, Minne50t¢ SSIO2 9�•�3D Telephone: 672 266-8770 Facsimile: 611298-5679 Mazch 18, 1998 NOTICE OF COUNCIL I�EARING Mr. Joseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue Saint Paul, Minnesota 55105 RE: Cigarette license held by Joseph L. Brost d/b!a Grand Wheeler Sinclair II for the premises located at 1345 Grand Ave. in St. Paul License ID No. :79666 Our File Number: G98-0049 Dear Mr. Brost: Please take notice that a hearing concerning the above-nazned establishment has been scheduled for 5:30 p.m., Wednesday, Apri122,1998 in the City Council Chambers, Third Floor, Saint Paul Ciry Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration This is an uncontested hearing in that the facts contained in the report concerning the unlawful sate of cigarettes have not been disputed. You will have an opporLunity at the Council hearing to present oral and/or written remuks as to the penalty, if any, to be unposed. The recoxnmendation of the license office wili be for a$200.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, 'C/�' � �'�_ Virgnua� er Assistant City Attorney i�i�il�G`?s �r�L�a> ;*.: � �i~�' i'` ".`� � �? em�� cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Katlue Tarnowski, Community Organizer, Macalester Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Council File # � �� ORIGINAL Green Sheet # 60858 RESOLUTION CITY OF S141NT PAUL, MINNESOTA 33 Presented By Referred To Committee: Date RESOLVED, that the Licensee, Joseph L. Brost dibia Grand Wheeler Sinclair II (License ID No. 79666), located at 1345 Grand Avenue in Saint Paul is hereby ordered to pay a fine of $200.00 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 wit2�in 8vriy (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 Viola6on 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: o�`�.�, �� Adopted by Council: Date �Y�,,,�� r Certified by Council Secretary By: —�_— \� • t Approved by By: �( / 1 � sy � � eeA��'��-e��6�-i�:: fr � Form Approved by City Attorney By: / � �� G/� � ti � Approved by Mayor for Submission to Council By: ARTMENTIOFFICE/COUtJCfL City Council Ma Racr aoxsoni a wiorie Councilmember Harris tT BE ON GWNCIL AGENDp BY (DKfE� � April 22, 1998 Public Hearin � Ra � TOTAL # OF SIGNATURE PAGES Concerning adverse action against cigarette license held by Grand Wheeler Sinclair II. (Uncontested) PLANNING COMMISSION CIB COMMITTEE CML SERVI6E COMMISSION Ea °'! �°'LP?�P`."��,:�� Ll.�i1�t� y ,4°�q°��:1 3 �' H qk -3aa GREEN SHEET t�o 60858 � u �..�� m.� _ �� ❑ UIYAiTORMfl' ❑ tJ1YpiNK ❑ ww�ausEnviersm�. ❑ wu�uua�'aacetc ❑ WYORf�MSOT41n ❑ (CLIP ALL LOCATiONS FOR SIGNATURE) r� mis persoNfi,m ever roncea umler a cvritraa rwmis tlepaamem? VES NO Has thie Pe�Mtm e✓er heeti aGtY emWoYce7 vES rio �oes this peisoMum Goasess a s16U not namallYP�� bY anY curreM citY emPloyee? YES N� is thie P��ttn a targetetl veMoY7 YES NO � c r. <► ' `�"'. AOUNT OF TRANSACTION t COST/REVENUE BUDOETBD 1CIRCLE OM� VES NO SOURCE ACTNITV Nl1MBER INFORMATION (IXPWN� qg . �,ao UNCONTESTED LiCENSE HEARING Licensee Name: Address: Joseph L. Brost d/b/a Grand Wheeter Sinclair II 1345 Grand Avenue Council Hearing Date: Aprit 22, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paut Legislative Code § 324.07 Date of Violation Place: Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Tobacco Compliance Check Form Janaury 21, 1998 Licensed Premises 5. City Attorney License Adverse Action Summary CITY OF SAINT PAUL No�m Coteman, Mayo� February 10, 1998 OFFI! OF THE CITY ATTORNEY Peg Bir,., „ity Anorney Clvll D(V%S10X 400 City HaR 73 WestReTtogg Blvd 9alntPau� Minnesota 55101 9b-3aa Telephonc 6I2266-87I0 Facsimile 61219&5619 NOTICE OF VIOLATION Mr. 7oseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue Saint Paul, Minnesota 55105 RE: Cigazette license held by Joseph L. Brost d/b/a Grand Wheeler Sinclair II for the premises located at 1345 Cnand Ave. in St Paul License ID No.: 79666 Deaz Mr. Brost: Your business recently failed a cigarette compliance check. As a result, the D'uector 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 address. This recommendation is based on the following: On January 21, 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. Stat § 609.685 and Saint Paul Legislafive Code §324.01. Since this is your second violation, the licensing office will recommend the presumptive fine which is $400.00 as outlined in Saint Paul Legislative Code § 324.11(b). At this time you have three options on how to proceed: 1. Pay the fine. Saint Paul Legislative Code §324.11(c) allows a licensee who does not dispute the facts to pay a fine without having to appeaz before the City Council. If you elect this opiion, you should send a letter with a statement to that effect and make ��\ payment duectly to: (�$ .'� �,Q Attn. Chrisrine Rozek Office of License, Inspections and Environmental Protection Lowry Professiona! Building, Room 300 350 Saint Peter Street Saint Paul, Minnesota 55102 Please make vou check navable to fhe CITY OF SA T PAUT and submit it no later than Tuesdav. Februarv 24 199& 2. Appear in front of City Council. If you do not dispute the facts, but ��ish to have an opportunity to appeaz before the City Councii, you need to send me letter with a statement to that effect. We will then schedule the matter before ihe City Council. You will be given the opportunity to appear and make a statement on your own behalf. Contest the facts. If you do dispute the above facts, a hearing wiil be scheduled before an Administrative Law 7udge (AL.n. At that hearing both you and the City will be able to appeaz and present wimesses, evidence and cross-examine the other's �vitnesses. The Saint Paul City Council will ultimately decide the case. If this is your choice, please confact Peter Pangbom, my legal assistant, and we will take the necessary steps to schedu]e the ALJ hearing. He can be reached at 266-8710. If we have not heard from yon by Wednesday, February 25,1998, we will assume that you do not contest the facts and will schedule this matter before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, 1�� Rachel H. Young Assistant City Attorney cc: Robert Kessler, D'uector, LIEP Christine Rozek, LIEP Kathie Tamowski, Community Organizer, Macalester Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Page 2 � � ^ i STATE OF MINNESOTA �� . ��0 ) ss. AFFIDAVIT OF SERVICE BY MAIL COUI3TY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 11, 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: Mr. Joseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue St. Paul, MN. 55105 (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 llth day of February, 1998. � . , i� L ��/..'!/ / • • �a ■ F`-� P�_?OS�AF3D ii_ _.,_., � :..' P.ill.;iESOTA � _ � �F.".�_lCOUNTY �� My Cor.m E:Fires Jan. 31. 2000 � ■ a �t�C -� aD Lic ID ................... STAT ..................... Business Name..,......... Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... I30TE AREA ................ TaxId ................... Worker Comp Exp Date..... Telephone ................ 79666 AC BROST, JOSEPH L 1345 GRAND AVE 55105 GRANB WHEELER SII3CLAIR II GAS STATION AUTO REPAIR GARAGE ORIGINAL CONTAINER CIGARETTE 03j31/98 12580 073�92 PH ON APPN FOR NEW GAS STA-3 PUMPS, 7 AD'L PUMPS, GENERAL REPAIR GARAGE, ORIG CONT & CIGARETT E LICENSE APP'D C.F. 92-1108 1/1/93 PER BOB - ADD'L GAS PUMP LICENSE 3/6/96 C.F. #96-236 APP'D IMPOSING $200 THE SALE OF CIGARETTES TO MINORS 2610357 07/O1j94 699-8830 ELIMINATED FINE FOR r a1$ - � �:o_; ,.- ��-� �_.� TOBACCO COMPLIANCE CHECK FORM DATE: � � z, j Gg . TAdE: =r � !� LICENSE LD. N[12vIBER: `� � � � �-P NAME OF COMPLIAI�CE CHECKER: U SS A NAME OF OFFTCER: 1.N� NAME &c ADDRESS OF LICENSID VENDOR l�rAn�Ci� LtJ�ti ��+QJLCt,t,�. i i �-l5 C�.a.�1cR -�, . WAS TI-IE TOBACCO: SELF-SEftVE? _ ASSISTID7 � MACHIDIS? _ DID TI-IE MACHINE HAVE Tf-IE PROPER REMOTE DEVICE? SALE WAS MADE: YES � NO BRAIQD: ��Vlc,,� . N1.ME OF CLERK: ��. ��l r�_ SEX: M� F DESCRIPTION: � � °�'c•1'r�.X � C,..,, .—�c '- - �D-� CHECK ABORTED: YES ADDI'1'IONAL COMMENTS: !�❑O 2 `"1 C� Business License Screen License I.D. '79666 Applicant Name BROST First Name JOSEPH Addr (# Name Type Dir Un) 1345 GRAND City State Zip ST. PAUL MN 55105 Building Name Billing Name Addr (# Name Type Dir Un) City State Zip Building Name D.B.A. GRAND WfiEELER SINCLAIR II Date: Jan 22 �� 3ati AVE Picture Needed Lic Exp DaCe 033198 Tax ID 2610357 Ward Phone Number 612-6998830 Insp 01 RICH Dealer Number Effective Date 040192 Mail License to Bill Address? (YJN) Enter ��00000'� to generate a new LICENSE ID n BUSINESS LICENSE MANAGER SCREEN License ID 79666 Name JOE BROST Transfer from License ID 79666 Transfer to License ID Street Number 1453 Street Direction Unit Street Name HIGHLAND Street Type PKWY City ST PAUL State MN Zip 55116 Phone 6997375 Notes 1:12580 2:073092 PH ON APPN FOR NEW GAS STA-3 PTIMPS, 7 AD'L 3:PUMPS, GENERAL REPAIR GARAGE, ORIG CONT & CIGARETT Env Notes 4:E LICENSE APP'D C.F. 92-1108 5:1/1j93 PER BOB - ADD'L GAS PUMP LICENSE 6:3/6/96 C.F. #96-236 APP'D IMPOSING $200 7:THE SALE OF CIGARETTES TO MINORS S• 1: 2: 3: 4: ELIMINATED FINE FOR Date: Jan 22 ��-�3.0 OFFICE OF Tf� CITY ATTORNEY PegBirk CiryAttorney CITY OF SAINT PAUL Norm Coleman, Mayor Civil D"rvision 400 Ciry Hal1 IS West KelloggBlvd Sarnt Paul, Minne50t¢ SSIO2 9�•�3D Telephone: 672 266-8770 Facsimile: 611298-5679 Mazch 18, 1998 NOTICE OF COUNCIL I�EARING Mr. Joseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue Saint Paul, Minnesota 55105 RE: Cigarette license held by Joseph L. Brost d/b!a Grand Wheeler Sinclair II for the premises located at 1345 Grand Ave. in St. Paul License ID No. :79666 Our File Number: G98-0049 Dear Mr. Brost: Please take notice that a hearing concerning the above-nazned establishment has been scheduled for 5:30 p.m., Wednesday, Apri122,1998 in the City Council Chambers, Third Floor, Saint Paul Ciry Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration This is an uncontested hearing in that the facts contained in the report concerning the unlawful sate of cigarettes have not been disputed. You will have an opporLunity at the Council hearing to present oral and/or written remuks as to the penalty, if any, to be unposed. The recoxnmendation of the license office wili be for a$200.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, 'C/�' � �'�_ Virgnua� er Assistant City Attorney i�i�il�G`?s �r�L�a> ;*.: � �i~�' i'` ".`� � �? em�� cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Katlue Tarnowski, Community Organizer, Macalester Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Council File # � �� ORIGINAL Green Sheet # 60858 RESOLUTION CITY OF S141NT PAUL, MINNESOTA 33 Presented By Referred To Committee: Date RESOLVED, that the Licensee, Joseph L. Brost dibia Grand Wheeler Sinclair II (License ID No. 79666), located at 1345 Grand Avenue in Saint Paul is hereby ordered to pay a fine of $200.00 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 wit2�in 8vriy (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 Viola6on 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: o�`�.�, �� Adopted by Council: Date �Y�,,,�� r Certified by Council Secretary By: —�_— \� • t Approved by By: �( / 1 � sy � � eeA��'��-e��6�-i�:: fr � Form Approved by City Attorney By: / � �� G/� � ti � Approved by Mayor for Submission to Council By: ARTMENTIOFFICE/COUtJCfL City Council Ma Racr aoxsoni a wiorie Councilmember Harris tT BE ON GWNCIL AGENDp BY (DKfE� � April 22, 1998 Public Hearin � Ra � TOTAL # OF SIGNATURE PAGES Concerning adverse action against cigarette license held by Grand Wheeler Sinclair II. (Uncontested) PLANNING COMMISSION CIB COMMITTEE CML SERVI6E COMMISSION Ea °'! �°'LP?�P`."��,:�� Ll.�i1�t� y ,4°�q°��:1 3 �' H qk -3aa GREEN SHEET t�o 60858 � u �..�� m.� _ �� ❑ UIYAiTORMfl' ❑ tJ1YpiNK ❑ ww�ausEnviersm�. ❑ wu�uua�'aacetc ❑ WYORf�MSOT41n ❑ (CLIP ALL LOCATiONS FOR SIGNATURE) r� mis persoNfi,m ever roncea umler a cvritraa rwmis tlepaamem? VES NO Has thie Pe�Mtm e✓er heeti aGtY emWoYce7 vES rio �oes this peisoMum Goasess a s16U not namallYP�� bY anY curreM citY emPloyee? YES N� is thie P��ttn a targetetl veMoY7 YES NO � c r. <► ' `�"'. AOUNT OF TRANSACTION t COST/REVENUE BUDOETBD 1CIRCLE OM� VES NO SOURCE ACTNITV Nl1MBER INFORMATION (IXPWN� qg . �,ao UNCONTESTED LiCENSE HEARING Licensee Name: Address: Joseph L. Brost d/b/a Grand Wheeter Sinclair II 1345 Grand Avenue Council Hearing Date: Aprit 22, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paut Legislative Code § 324.07 Date of Violation Place: Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Tobacco Compliance Check Form Janaury 21, 1998 Licensed Premises 5. City Attorney License Adverse Action Summary CITY OF SAINT PAUL No�m Coteman, Mayo� February 10, 1998 OFFI! OF THE CITY ATTORNEY Peg Bir,., „ity Anorney Clvll D(V%S10X 400 City HaR 73 WestReTtogg Blvd 9alntPau� Minnesota 55101 9b-3aa Telephonc 6I2266-87I0 Facsimile 61219&5619 NOTICE OF VIOLATION Mr. 7oseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue Saint Paul, Minnesota 55105 RE: Cigazette license held by Joseph L. Brost d/b/a Grand Wheeler Sinclair II for the premises located at 1345 Cnand Ave. in St Paul License ID No.: 79666 Deaz Mr. Brost: Your business recently failed a cigarette compliance check. As a result, the D'uector 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 address. This recommendation is based on the following: On January 21, 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. Stat § 609.685 and Saint Paul Legislafive Code §324.01. Since this is your second violation, the licensing office will recommend the presumptive fine which is $400.00 as outlined in Saint Paul Legislative Code § 324.11(b). At this time you have three options on how to proceed: 1. Pay the fine. Saint Paul Legislative Code §324.11(c) allows a licensee who does not dispute the facts to pay a fine without having to appeaz before the City Council. If you elect this opiion, you should send a letter with a statement to that effect and make ��\ payment duectly to: (�$ .'� �,Q Attn. Chrisrine Rozek Office of License, Inspections and Environmental Protection Lowry Professiona! Building, Room 300 350 Saint Peter Street Saint Paul, Minnesota 55102 Please make vou check navable to fhe CITY OF SA T PAUT and submit it no later than Tuesdav. Februarv 24 199& 2. Appear in front of City Council. If you do not dispute the facts, but ��ish to have an opportunity to appeaz before the City Councii, you need to send me letter with a statement to that effect. We will then schedule the matter before ihe City Council. You will be given the opportunity to appear and make a statement on your own behalf. Contest the facts. If you do dispute the above facts, a hearing wiil be scheduled before an Administrative Law 7udge (AL.n. At that hearing both you and the City will be able to appeaz and present wimesses, evidence and cross-examine the other's �vitnesses. The Saint Paul City Council will ultimately decide the case. If this is your choice, please confact Peter Pangbom, my legal assistant, and we will take the necessary steps to schedu]e the ALJ hearing. He can be reached at 266-8710. If we have not heard from yon by Wednesday, February 25,1998, we will assume that you do not contest the facts and will schedule this matter before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, 1�� Rachel H. Young Assistant City Attorney cc: Robert Kessler, D'uector, LIEP Christine Rozek, LIEP Kathie Tamowski, Community Organizer, Macalester Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105 Page 2 � � ^ i STATE OF MINNESOTA �� . ��0 ) ss. AFFIDAVIT OF SERVICE BY MAIL COUI3TY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 11, 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: Mr. Joseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue St. Paul, MN. 55105 (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 llth day of February, 1998. � . , i� L ��/..'!/ / • • �a ■ F`-� P�_?OS�AF3D ii_ _.,_., � :..' P.ill.;iESOTA � _ � �F.".�_lCOUNTY �� My Cor.m E:Fires Jan. 31. 2000 � ■ a �t�C -� aD Lic ID ................... STAT ..................... Business Name..,......... Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... I30TE AREA ................ TaxId ................... Worker Comp Exp Date..... Telephone ................ 79666 AC BROST, JOSEPH L 1345 GRAND AVE 55105 GRANB WHEELER SII3CLAIR II GAS STATION AUTO REPAIR GARAGE ORIGINAL CONTAINER CIGARETTE 03j31/98 12580 073�92 PH ON APPN FOR NEW GAS STA-3 PUMPS, 7 AD'L PUMPS, GENERAL REPAIR GARAGE, ORIG CONT & CIGARETT E LICENSE APP'D C.F. 92-1108 1/1/93 PER BOB - ADD'L GAS PUMP LICENSE 3/6/96 C.F. #96-236 APP'D IMPOSING $200 THE SALE OF CIGARETTES TO MINORS 2610357 07/O1j94 699-8830 ELIMINATED FINE FOR r a1$ - � �:o_; ,.- ��-� �_.� TOBACCO COMPLIANCE CHECK FORM DATE: � � z, j Gg . TAdE: =r � !� LICENSE LD. N[12vIBER: `� � � � �-P NAME OF COMPLIAI�CE CHECKER: U SS A NAME OF OFFTCER: 1.N� NAME &c ADDRESS OF LICENSID VENDOR l�rAn�Ci� LtJ�ti ��+QJLCt,t,�. i i �-l5 C�.a.�1cR -�, . WAS TI-IE TOBACCO: SELF-SEftVE? _ ASSISTID7 � MACHIDIS? _ DID TI-IE MACHINE HAVE Tf-IE PROPER REMOTE DEVICE? SALE WAS MADE: YES � NO BRAIQD: ��Vlc,,� . N1.ME OF CLERK: ��. ��l r�_ SEX: M� F DESCRIPTION: � � °�'c•1'r�.X � C,..,, .—�c '- - �D-� CHECK ABORTED: YES ADDI'1'IONAL COMMENTS: !�❑O 2 `"1 C� Business License Screen License I.D. '79666 Applicant Name BROST First Name JOSEPH Addr (# Name Type Dir Un) 1345 GRAND City State Zip ST. PAUL MN 55105 Building Name Billing Name Addr (# Name Type Dir Un) City State Zip Building Name D.B.A. GRAND WfiEELER SINCLAIR II Date: Jan 22 �� 3ati AVE Picture Needed Lic Exp DaCe 033198 Tax ID 2610357 Ward Phone Number 612-6998830 Insp 01 RICH Dealer Number Effective Date 040192 Mail License to Bill Address? (YJN) Enter ��00000'� to generate a new LICENSE ID n BUSINESS LICENSE MANAGER SCREEN License ID 79666 Name JOE BROST Transfer from License ID 79666 Transfer to License ID Street Number 1453 Street Direction Unit Street Name HIGHLAND Street Type PKWY City ST PAUL State MN Zip 55116 Phone 6997375 Notes 1:12580 2:073092 PH ON APPN FOR NEW GAS STA-3 PTIMPS, 7 AD'L 3:PUMPS, GENERAL REPAIR GARAGE, ORIG CONT & CIGARETT Env Notes 4:E LICENSE APP'D C.F. 92-1108 5:1/1j93 PER BOB - ADD'L GAS PUMP LICENSE 6:3/6/96 C.F. #96-236 APP'D IMPOSING $200 7:THE SALE OF CIGARETTES TO MINORS S• 1: 2: 3: 4: ELIMINATED FINE FOR Date: Jan 22 ��-�3.0 OFFICE OF Tf� CITY ATTORNEY PegBirk CiryAttorney CITY OF SAINT PAUL Norm Coleman, Mayor Civil D"rvision 400 Ciry Hal1 IS West KelloggBlvd Sarnt Paul, Minne50t¢ SSIO2 9�•�3D Telephone: 672 266-8770 Facsimile: 611298-5679 Mazch 18, 1998 NOTICE OF COUNCIL I�EARING Mr. Joseph Brost Grand Wheeler Sinclair II 1345 Grand Avenue Saint Paul, Minnesota 55105 RE: Cigarette license held by Joseph L. Brost d/b!a Grand Wheeler Sinclair II for the premises located at 1345 Grand Ave. in St. Paul License ID No. :79666 Our File Number: G98-0049 Dear Mr. Brost: Please take notice that a hearing concerning the above-nazned establishment has been scheduled for 5:30 p.m., Wednesday, Apri122,1998 in the City Council Chambers, Third Floor, Saint Paul Ciry Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration This is an uncontested hearing in that the facts contained in the report concerning the unlawful sate of cigarettes have not been disputed. You will have an opporLunity at the Council hearing to present oral and/or written remuks as to the penalty, if any, to be unposed. The recoxnmendation of the license office wili be for a$200.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, 'C/�' � �'�_ Virgnua� er Assistant City Attorney i�i�il�G`?s �r�L�a> ;*.: � �i~�' i'` ".`� � �? em�� cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Katlue Tarnowski, Community Organizer, Macalester Groveland Community Council, 320 S. Griggs St., St. Paul, MN 55105