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98-321ORIGINAL Presented By Referred To RESOLVED, that the Cigazette license held by Little < ID No. 88646), for the premises located at 1724 University , suspended immediately for the failure to pay the fines imposed Council Resolution C.F97-150& on December 17, 1997; and Committ�e: Date dJb/a Little Grocery (License : West in Saivat Paul is hereby Saint Paul City Council under BE IT FURTHER RESOLVED, that said suspensi sha11 be in effect until such time as the these fines have been paid in full and written notice the lifting of said suspension has been provided to the licensee by the Office of License, Ins ctions and Environmental Protection. This resolution and the action of the Counc' m this matter are based upon the facts contained in the FAILURE TO PAY FINE AND ADMINI TIVE HEARING COSTS notice sent to the licensee on Februaiy 12, 1998, and such arg ents as may have been presented to the Council at the public hearing. The facts were not conte ed by the licensee. � Requested by Department of: �,.�r�' � �.1 �� . � <� � Adopted by Adoption G By: Approved b By: . �� Council Fi1e # �,� ,��.1 Green Sheet # RESOLUTION � CI'PY OF SAINl' PAUL, MINNESOTA r 3� Date Form Approved by City Attorney / by Council Secretary � �/� � By : `"V r/s_��I/""� '� � �-�-� nate Approved by Mayor for Submission to Council By: _f/� 98` -'� Zt DEPARTMENT/OFFICFJCOUNCIL DAiE 1NRIAT� cit coun�i� March 20, 1998 GREEN SHEET No b'�gf�'0 COMACT PERSON 8 PHONE InmaYDaa In�M� Councilmember Benanav oF..n,mrm,wr,■ rnrca.x... MUS7 8E ON OOUNCIL AGENDA BY (DA'fE) AS816x April 22, 1998 Public Hearing �� ,,,,.,, a ,,.� aounNc � w+axnntamvicrsnu� wuxew.smvi�ro ❑ WYCRlOR1�8816l11Mt1 ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR S16NATUR� CTION REQUESTm Concerning adverse action against licenses held by Little Grocery> 1724 University Avenue West. (Uncontested) RECO ME D TION Approve (A) a eject (R) PERSONAL SERVICE fANTRACTS MUST ANSWER 7HE FOLLOWING QUESTlONSs 1. Has thie persaNfirm e+er worked unde� a coMrad fior this departmeM? PLANNING CAMMISSION vES No CB COMMIT�EE 2. Has this peBOMirm ever bean a u"ty emproyee? CML SERVICE CAMMISSION YE5 t� 3. Does this Personlfirm D� a skill not norma��YP�d M' anY CutteM citY emWoY�1 YES NO 4. Isthis pereoMfimi a taryeted ventloR . YES NO F�lain all yes ansvre�s on aeParaM sheet anE attach tR recn sheet INITIATING PROBLEM ISSUE, OPPORTUNM (Wtp, Wf�at, Wlien, Where, CaLnc�! f�esearcl� ��nter MAR 2 0 19� ADVAMAGES IF APPROVED DISAWANTAGES IFAPPROVED DISADVANTAGES IF NOT APPROVED MTAL AMOUNT OF TRANSACTION i COSTrttEVENUE BUDfiETED (CIRCLE ONq VEE NO WNDIN6 SOURCE ACTNITY NUMBER FIWWCIFL INFORMA710N (IXPWt�fj °l$ -��1 UNCONTESTED LICENSE HEARING Licensee Name; Little Grocery d/b/a Little Grocery Address: 1724 University Avenue West Council Hearing Date: April 22, 1998 Violation: Failure to Pay Fine Imposed by Saint Paul City Council On December 17, 1997, under C.F. 97-1508 Fine Payment Due: January 17, 1998 Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmenta{ Protection: Immediate Suspension of Cigarette License Until Afl Fines Paid In Full and Notifieation of Lifting of Suspension Provided by License Office Attachments: 1. Proposed resolution 2. 12/17/97 Council Resotution C.F.97-1508 3. 12/26/97 letter from Licensing Office 4. 12/12198 letter from City Attorney's Office ' ' "� OFFICF `�F THE CIT1' ATTORNEY PegBirk, ,�+Atlorney CITY OF SAINT PAUL Norm Coleman, Mayor February 12, 1998 Civil Division 40Q Ciry Nal! 1 S West Ketlogg Blvd Saint Paul, �nrresot¢ 55702 °t8 -3�1 Telephone: 612 266-8710 Faaimile: 612 298-5619 FAILURE TO PAY FIl\�E Al\'ll ADMINISTRATIVE HEA.RING COSTS Timothy Stoffel Little Grocery 1?24 University Avenue West Saint Paul, Minnesota 55104 RE: Unpaid Fine and Adnunistrative Hearing Costs Dear Mr. Stoffel: On Becember 17, 1997 the Saint Paul City Councii passed resolution C.F.97-1508 which imposed a fine of $200.00 on you for the June 21, 1997 violation of Sale of Cigazettes to a Minor. The resolution further required that you reimburse the Ciry of Saint Paul for the cost of the September 23,1997 adminish�ative hearing involving this violation. The cost for the administrative hearing was $1,284.43. The total amount due to the City is $1,484.43. The resolution further required that this money be paid within 30 days of the adoption of the resolurion. On December 26, 1997 Christine Rozek, the Deputy Director of licensing, sent you a letter attaching a copy of C.F.97-1508. This letter informed you of the $1,484.43 owed to the City of Saint Paul and stated that the fine was due no late than close of business on 7anuazy 23, 1998. As of this date no payment has been received by the licensing office. You must immediately submit payment in full to the licensing office as required by the resolution. If you fail to make payment of the amount owed by Friday, February 20, 1998, ihis matter will be re-scheduled before the Ciiy Council at which time the licensing o�ce will seek the imposition of an additional genalty. The licensing office will request the immediate suspension of your licenses untll such time as the previously imposed fine has been paid in full. February 12, 1998 � Timothy Stoffel Page 2 � � —� �t If you have any question, you can call me at 266-8710. Sincerely, � � � /� � Rachel H. Young Assistant City Attorney cc. Robert Kessler, Director, LIEP Christine Rozek, LIEP �1� "31\ S`I'ATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 12, 1998, she served the attached LETTER RE FAILURE TO PAY FINE AI3D ADMINISTRATIVE HEARING COSTS on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Timothy Sto£fel Little Grocery 1724 University Avenue W. St. Paul, MN. 55104 (which is the last known address of said person) same, with postage prepaid, in the United States MinnesoCa. Subscribed and sworn to before me this 12th day of February, 1998. .�� `� - ��J � Notary Public and depositing the mails at St. Paul, • RITA M. BOSSARD � � ' NOTA,RYPU2LIC-ML":iiESOTA Ran,sEV cou�; r , rM ca,,,n. �,y;res aen. 3,. �o OFFICE OF UCENSE, INSPECTIOTS AND F,1�'VIRONMEN7AL PROTECTION XaSert Keukr, Director � [I �' '} � � CITX OF SAINT PAUL Norm Coleman, Mayor LOWRY PROFESSIONAL BUIIDING Suite 300 350 St. Peter Street Saint Pau{ Minnesota 55102-ISIO IMPOSTTION OF FINE & IMPOSITION OF ADMIIVISTRATIVE HEARING COSTS December 26, 1997 Timothy Stoffel Little Grocery 1724 University Avenue W. Saint Paul, MIV 55104 Dear Licers: _=c:'�-: Tetephone:612-?b6905b ' Facsimik: 61 Z-266iY199 612-2669I2d Enclosed is a copy of City Council Resolution Number 97-1508, which imposes a fine for: Sale of tobacco or tobacco products to a minor. The resolution also imposes payment of administrative heuing costs of $1,284.43 for the cost o£ the contested hearing. 'The fine and hearing cosu were adopted by the City Council in �nal written form at the CouncIl's regular meeting on December 17, 1997. This u a serious matter that demands your adherence. The ef£ea of this notice is that a fine in che amount of $200.00 is due for the above mentioned offense and administrative hearing cosu of $1,284.43. The cocal of amount of 51,484.43 is due in this o�ce no later chan the close of business (4:30 p.m.) on January 23, 1498. Pleaze call me at 266-9108 if you have questioru regarding this matter. $incerely, `-�" �� l.co Christine Rozek Depury Direaor cxi�1 endosure cc: Commander Aick Gardell, SPPD-Western Distria Robert Bess]er, D'uector-ISEP Peter Pangborn, Legal Assistant Kris Schweinler Administrative I.aw Judge Susan Weisman �� 2 g IS9l C�� AT��, � ( ill i Presented By Referred To Council File # �� i ��' Green sheet # 62179 RESOLUTION .'�. � CITY OF SAINT PAUL, MINNESOTA �$ i Committee: Date 2 WHEREAS, the City of Saint Paul, Office of License, Inspections and Environmental 3 Protection (LIEP) initiated an adverse action relating to ihe cigarette license held by Little 4 Grocery for the premises located at 1724 University Avenue West, Saint Paul, Minnesota, 7 seeking adverse actioa based upon alleged violations of §324.07 of the Saint Paul Legislative 6 Code and §609.685 of the Minnesota Statutes, involving a sale of cigarettes to a minor; and 7• WHEREAS, an administrative hearing was held before Administrative Law Judge Susan 1Q 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 Weisman on September 23, 1997, ��ith parties each submitting oral testimony and documents info the Fecerd zt tLe he�.rin�; ar:3 WHEREAS, the administrative law judge issued Findings of Fact, Conclusions and a Recommendation dated October 22, 1997 in which she found that the City had proved that an employee of Little Grocery sold a package of cigazettes to a 14-yeaz old girl on June 21, 1997 without asking for identification az7d in violation of the law; and WHEREAS, Saint Paul Legislative Code §310.05(k)(vii) permits the imposition of the costs of the heazing against the licensee when the violation involves the sale of tobaeco to a minor; and WHEREAS, a public hearing was held before the Saint Paul City Council on December 3, 1997, to consider the report of the ALJ and the licensee was represented at that hearing by his attomey; now therefore BE IT RESOLVED, that 4�e Council of the City of Saint Paul, after due deliberation 26 based upon a11 of the evidence contaitted in the files, records and proceedings herein, including 27 the documents and exhibits submitted to the administrative law judge, the Findings of Fact, 28 Conclusions and Recomtnendation submitted after the heazing and the azguxnents of counsel at 29 the hearing, does hereby order: 30 3Y 32 33 34 35 36 37 38 39 40 1. That flie Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge be accepted as the findings and conclusions of the Council in this matter and be incorporated herein by reference. 2. That tl�e recommeildation for a fine of Two Hundred Dollazs ($200) is adopted and said fine is imposed upon the cigazette license he]d by Little Grocery, located at 1724 University Avenue West, and said fine shal} be paid within thirty (30) days of the adoption of this resolution. 1 2 3 4 5 6 7 8 d i �' 77-1508 �g.�a\ 3. Tl�at pursuant to Saint Paul Legislative Code §310.05(k)(vii), the licensee shaIi pay costs of the contested hearing in the sum of One Thousand Two Hundred and Eighty-Pour pollars and Foriy-Three Cenis ($1,284.43.), within thirty (30) days of the adoption of this resolution. A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Aduiinistrative Law Judgc. . � rl � , ! : E �. � : . ,'., Requested by Department of: By: Adopted by Council: Da[e �� O�_ . 1' I\ _�_ Adoption Certi£ied by Covncil Secretasy By: �� a� T"� w=—_�� Appzoved by Mayoz; Date Sy: Fozm Approved by City Attorne , 1 By: �__� � Approved by Mayor for Submiss3on to Council BY: CounciImember Megazd Aecember 17, 1997 CATE INITNtEp December 9, 1997 NUMBFA FOR ROVTINQ . ORDER 70TAL #7 OE SiGNATURE PAGES Finalizing Ciry Council acGOn taken December 3, 1997 concerning adverse action against cigazette license held by Litde Grocery, 1724 Universiry Avenue West. � PLANNING COMMlSSION q8 COMM1TfEE CIVI4. SERVICE COMMISSION 7 t /�7C� �g -��.� GREEN SHEET nio 62179 �ov..,�.�� u��_ ❑ «tt.no,�„�. ❑ ��K � FM4CfLLiEAYKi1 pR ❑ !l4MCMLi[AVt�LCTY ❑ WWRIOIIAtLfiNfil . . � " � ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Hat ihia DercoNfrtn e+ar wwked undx a ea�4ec[ tor Nia depe.rtme�t7 � YES Fl� F7e� thb Das�rtn ever been n dtY emPloYee7 . . YES NO Doec lhis OerwrKim posseas a�id0 nct rarma17Wseesaed by anY turterd cky emdoyre? YES NO • q iltb pen(x�Trm a tarpded wndq9 � . .. . YES NO . - . .`:'i'; NTAGES JFAPPROVED MAGE5IF NpT APPRO'VED -__ _ . _ -- -- - ' a: , . _ : . ..::"'-�'�' ;'#� �'�",..2=:':?.�`.iir,, - AMOlfH70FTRAN3ACTiONt.�_ . - {O SOURCE . . .. - - '.' .: .' .rv_i:n�r.id:✓:i Ca:�_..: a wFOn�unoN (o�awM . '_ . _,�`�' _ ' CASTIit£VENUEBIIDOEiEDIGRDI£ONq s„:�:;?,YEi;�o%.',i NO :^;'� -'� - . ' _ ..4� sYt ��Y_ .r. � Aernm �sfn ' . . . - _ "i:"�r,fi%s;�; •:�'<<i:�;� "�4:' _ ' -. ' -> ti .• `. � �c y- Y - � - -�^ : � . - a ....,. �^ -x .':' . _ ' . - - _ .?v ._. �.r3:. ` ' - r / ' [ .: . ... . . , . '•s G � :'�`- '�.';:} 'v :�.. . . _ . . . , - . ._ . .. ti:f: _ , _ . .. OFFICE OF Tf� CITY ATTORNEY PegBirk, CityAttomey CITY OF SAINT PAUL Norm Coteman, Mayor Civil Drvision 400 CiryHa11 IS WeslKelloggBlvd Sainf Paul, Minrsesota 55102 _��,` Telephane: 612 266-8770 Facsimile_ 611298-5614 Mazch 18, 1998 NOTICE OF COUNCIL HEARING Timothy Stoffel Little Grocery 1724 University Avenue West Saint Paul, Nlinnesota 55104 RE: Cigazette license held by Littie Grocery df b/a Little Grocery for the premises located at 1724 University Ave. W. in St. Pau1 License ID No. :88646 Our File Number: G97-0334 Deaz Mr. Stoffel: Please take notice that a hearing concemuig the above-named estabiishment has been scheduled for 5:30 p.m., Wednesday, Apri122,1998 in the City Council Chambers, Third Floor, Saint Paui City Ha11 and Ramsey County Courthouse. Enclosed aze 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 our Febnxary 12,1998 nouce of failure to pay fines and costs have not been disputed. You wi11 have an opportwury at the Council hearing to present ozal and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the licensing office will be for the immediate suspension of your cigazette license for Little Grocery until ail unpaid fines imposed by the Saint Paul City Council under resolution C.F.97-1508 have been paid in full and written notice of the lifting of the suspension has been provided by the licensing office. If you have any quesfions, please call me at 266-8710. Very huly yours, �' �� .� Virginia Palmer Assistant City Attorney cc: Richard Sands, Attorney at Law, Cathedrai Hill, Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP 168 Nina St., St. Paul, MN 55102 Caoca;�€i �esearG� ��rate� . �:�. �. ORIGINAL Presented By Referred To RESOLVED, that the Cigazette license held by Little < ID No. 88646), for the premises located at 1724 University , suspended immediately for the failure to pay the fines imposed Council Resolution C.F97-150& on December 17, 1997; and Committ�e: Date dJb/a Little Grocery (License : West in Saivat Paul is hereby Saint Paul City Council under BE IT FURTHER RESOLVED, that said suspensi sha11 be in effect until such time as the these fines have been paid in full and written notice the lifting of said suspension has been provided to the licensee by the Office of License, Ins ctions and Environmental Protection. This resolution and the action of the Counc' m this matter are based upon the facts contained in the FAILURE TO PAY FINE AND ADMINI TIVE HEARING COSTS notice sent to the licensee on Februaiy 12, 1998, and such arg ents as may have been presented to the Council at the public hearing. The facts were not conte ed by the licensee. � Requested by Department of: �,.�r�' � �.1 �� . � <� � Adopted by Adoption G By: Approved b By: . �� Council Fi1e # �,� ,��.1 Green Sheet # RESOLUTION � CI'PY OF SAINl' PAUL, MINNESOTA r 3� Date Form Approved by City Attorney / by Council Secretary � �/� � By : `"V r/s_��I/""� '� � �-�-� nate Approved by Mayor for Submission to Council By: _f/� 98` -'� Zt DEPARTMENT/OFFICFJCOUNCIL DAiE 1NRIAT� cit coun�i� March 20, 1998 GREEN SHEET No b'�gf�'0 COMACT PERSON 8 PHONE InmaYDaa In�M� Councilmember Benanav oF..n,mrm,wr,■ rnrca.x... MUS7 8E ON OOUNCIL AGENDA BY (DA'fE) AS816x April 22, 1998 Public Hearing �� ,,,,.,, a ,,.� aounNc � w+axnntamvicrsnu� wuxew.smvi�ro ❑ WYCRlOR1�8816l11Mt1 ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR S16NATUR� CTION REQUESTm Concerning adverse action against licenses held by Little Grocery> 1724 University Avenue West. (Uncontested) RECO ME D TION Approve (A) a eject (R) PERSONAL SERVICE fANTRACTS MUST ANSWER 7HE FOLLOWING QUESTlONSs 1. Has thie persaNfirm e+er worked unde� a coMrad fior this departmeM? PLANNING CAMMISSION vES No CB COMMIT�EE 2. Has this peBOMirm ever bean a u"ty emproyee? CML SERVICE CAMMISSION YE5 t� 3. Does this Personlfirm D� a skill not norma��YP�d M' anY CutteM citY emWoY�1 YES NO 4. Isthis pereoMfimi a taryeted ventloR . YES NO F�lain all yes ansvre�s on aeParaM sheet anE attach tR recn sheet INITIATING PROBLEM ISSUE, OPPORTUNM (Wtp, Wf�at, Wlien, Where, CaLnc�! f�esearcl� ��nter MAR 2 0 19� ADVAMAGES IF APPROVED DISAWANTAGES IFAPPROVED DISADVANTAGES IF NOT APPROVED MTAL AMOUNT OF TRANSACTION i COSTrttEVENUE BUDfiETED (CIRCLE ONq VEE NO WNDIN6 SOURCE ACTNITY NUMBER FIWWCIFL INFORMA710N (IXPWt�fj °l$ -��1 UNCONTESTED LICENSE HEARING Licensee Name; Little Grocery d/b/a Little Grocery Address: 1724 University Avenue West Council Hearing Date: April 22, 1998 Violation: Failure to Pay Fine Imposed by Saint Paul City Council On December 17, 1997, under C.F. 97-1508 Fine Payment Due: January 17, 1998 Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmenta{ Protection: Immediate Suspension of Cigarette License Until Afl Fines Paid In Full and Notifieation of Lifting of Suspension Provided by License Office Attachments: 1. Proposed resolution 2. 12/17/97 Council Resotution C.F.97-1508 3. 12/26/97 letter from Licensing Office 4. 12/12198 letter from City Attorney's Office ' ' "� OFFICF `�F THE CIT1' ATTORNEY PegBirk, ,�+Atlorney CITY OF SAINT PAUL Norm Coleman, Mayor February 12, 1998 Civil Division 40Q Ciry Nal! 1 S West Ketlogg Blvd Saint Paul, �nrresot¢ 55702 °t8 -3�1 Telephone: 612 266-8710 Faaimile: 612 298-5619 FAILURE TO PAY FIl\�E Al\'ll ADMINISTRATIVE HEA.RING COSTS Timothy Stoffel Little Grocery 1?24 University Avenue West Saint Paul, Minnesota 55104 RE: Unpaid Fine and Adnunistrative Hearing Costs Dear Mr. Stoffel: On Becember 17, 1997 the Saint Paul City Councii passed resolution C.F.97-1508 which imposed a fine of $200.00 on you for the June 21, 1997 violation of Sale of Cigazettes to a Minor. The resolution further required that you reimburse the Ciry of Saint Paul for the cost of the September 23,1997 adminish�ative hearing involving this violation. The cost for the administrative hearing was $1,284.43. The total amount due to the City is $1,484.43. The resolution further required that this money be paid within 30 days of the adoption of the resolurion. On December 26, 1997 Christine Rozek, the Deputy Director of licensing, sent you a letter attaching a copy of C.F.97-1508. This letter informed you of the $1,484.43 owed to the City of Saint Paul and stated that the fine was due no late than close of business on 7anuazy 23, 1998. As of this date no payment has been received by the licensing office. You must immediately submit payment in full to the licensing office as required by the resolution. If you fail to make payment of the amount owed by Friday, February 20, 1998, ihis matter will be re-scheduled before the Ciiy Council at which time the licensing o�ce will seek the imposition of an additional genalty. The licensing office will request the immediate suspension of your licenses untll such time as the previously imposed fine has been paid in full. February 12, 1998 � Timothy Stoffel Page 2 � � —� �t If you have any question, you can call me at 266-8710. Sincerely, � � � /� � Rachel H. Young Assistant City Attorney cc. Robert Kessler, Director, LIEP Christine Rozek, LIEP �1� "31\ S`I'ATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 12, 1998, she served the attached LETTER RE FAILURE TO PAY FINE AI3D ADMINISTRATIVE HEARING COSTS on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Timothy Sto£fel Little Grocery 1724 University Avenue W. St. Paul, MN. 55104 (which is the last known address of said person) same, with postage prepaid, in the United States MinnesoCa. Subscribed and sworn to before me this 12th day of February, 1998. .�� `� - ��J � Notary Public and depositing the mails at St. Paul, • RITA M. BOSSARD � � ' NOTA,RYPU2LIC-ML":iiESOTA Ran,sEV cou�; r , rM ca,,,n. �,y;res aen. 3,. �o OFFICE OF UCENSE, INSPECTIOTS AND F,1�'VIRONMEN7AL PROTECTION XaSert Keukr, Director � [I �' '} � � CITX OF SAINT PAUL Norm Coleman, Mayor LOWRY PROFESSIONAL BUIIDING Suite 300 350 St. Peter Street Saint Pau{ Minnesota 55102-ISIO IMPOSTTION OF FINE & IMPOSITION OF ADMIIVISTRATIVE HEARING COSTS December 26, 1997 Timothy Stoffel Little Grocery 1724 University Avenue W. Saint Paul, MIV 55104 Dear Licers: _=c:'�-: Tetephone:612-?b6905b ' Facsimik: 61 Z-266iY199 612-2669I2d Enclosed is a copy of City Council Resolution Number 97-1508, which imposes a fine for: Sale of tobacco or tobacco products to a minor. The resolution also imposes payment of administrative heuing costs of $1,284.43 for the cost o£ the contested hearing. 'The fine and hearing cosu were adopted by the City Council in �nal written form at the CouncIl's regular meeting on December 17, 1997. This u a serious matter that demands your adherence. The ef£ea of this notice is that a fine in che amount of $200.00 is due for the above mentioned offense and administrative hearing cosu of $1,284.43. The cocal of amount of 51,484.43 is due in this o�ce no later chan the close of business (4:30 p.m.) on January 23, 1498. Pleaze call me at 266-9108 if you have questioru regarding this matter. $incerely, `-�" �� l.co Christine Rozek Depury Direaor cxi�1 endosure cc: Commander Aick Gardell, SPPD-Western Distria Robert Bess]er, D'uector-ISEP Peter Pangborn, Legal Assistant Kris Schweinler Administrative I.aw Judge Susan Weisman �� 2 g IS9l C�� AT��, � ( ill i Presented By Referred To Council File # �� i ��' Green sheet # 62179 RESOLUTION .'�. � CITY OF SAINT PAUL, MINNESOTA �$ i Committee: Date 2 WHEREAS, the City of Saint Paul, Office of License, Inspections and Environmental 3 Protection (LIEP) initiated an adverse action relating to ihe cigarette license held by Little 4 Grocery for the premises located at 1724 University Avenue West, Saint Paul, Minnesota, 7 seeking adverse actioa based upon alleged violations of §324.07 of the Saint Paul Legislative 6 Code and §609.685 of the Minnesota Statutes, involving a sale of cigarettes to a minor; and 7• WHEREAS, an administrative hearing was held before Administrative Law Judge Susan 1Q 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 Weisman on September 23, 1997, ��ith parties each submitting oral testimony and documents info the Fecerd zt tLe he�.rin�; ar:3 WHEREAS, the administrative law judge issued Findings of Fact, Conclusions and a Recommendation dated October 22, 1997 in which she found that the City had proved that an employee of Little Grocery sold a package of cigazettes to a 14-yeaz old girl on June 21, 1997 without asking for identification az7d in violation of the law; and WHEREAS, Saint Paul Legislative Code §310.05(k)(vii) permits the imposition of the costs of the heazing against the licensee when the violation involves the sale of tobaeco to a minor; and WHEREAS, a public hearing was held before the Saint Paul City Council on December 3, 1997, to consider the report of the ALJ and the licensee was represented at that hearing by his attomey; now therefore BE IT RESOLVED, that 4�e Council of the City of Saint Paul, after due deliberation 26 based upon a11 of the evidence contaitted in the files, records and proceedings herein, including 27 the documents and exhibits submitted to the administrative law judge, the Findings of Fact, 28 Conclusions and Recomtnendation submitted after the heazing and the azguxnents of counsel at 29 the hearing, does hereby order: 30 3Y 32 33 34 35 36 37 38 39 40 1. That flie Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge be accepted as the findings and conclusions of the Council in this matter and be incorporated herein by reference. 2. That tl�e recommeildation for a fine of Two Hundred Dollazs ($200) is adopted and said fine is imposed upon the cigazette license he]d by Little Grocery, located at 1724 University Avenue West, and said fine shal} be paid within thirty (30) days of the adoption of this resolution. 1 2 3 4 5 6 7 8 d i �' 77-1508 �g.�a\ 3. Tl�at pursuant to Saint Paul Legislative Code §310.05(k)(vii), the licensee shaIi pay costs of the contested hearing in the sum of One Thousand Two Hundred and Eighty-Pour pollars and Foriy-Three Cenis ($1,284.43.), within thirty (30) days of the adoption of this resolution. A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Aduiinistrative Law Judgc. . � rl � , ! : E �. � : . ,'., Requested by Department of: By: Adopted by Council: Da[e �� O�_ . 1' I\ _�_ Adoption Certi£ied by Covncil Secretasy By: �� a� T"� w=—_�� Appzoved by Mayoz; Date Sy: Fozm Approved by City Attorne , 1 By: �__� � Approved by Mayor for Submiss3on to Council BY: CounciImember Megazd Aecember 17, 1997 CATE INITNtEp December 9, 1997 NUMBFA FOR ROVTINQ . ORDER 70TAL #7 OE SiGNATURE PAGES Finalizing Ciry Council acGOn taken December 3, 1997 concerning adverse action against cigazette license held by Litde Grocery, 1724 Universiry Avenue West. � PLANNING COMMlSSION q8 COMM1TfEE CIVI4. SERVICE COMMISSION 7 t /�7C� �g -��.� GREEN SHEET nio 62179 �ov..,�.�� u��_ ❑ «tt.no,�„�. ❑ ��K � FM4CfLLiEAYKi1 pR ❑ !l4MCMLi[AVt�LCTY ❑ WWRIOIIAtLfiNfil . . � " � ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Hat ihia DercoNfrtn e+ar wwked undx a ea�4ec[ tor Nia depe.rtme�t7 � YES Fl� F7e� thb Das�rtn ever been n dtY emPloYee7 . . YES NO Doec lhis OerwrKim posseas a�id0 nct rarma17Wseesaed by anY turterd cky emdoyre? YES NO • q iltb pen(x�Trm a tarpded wndq9 � . .. . YES NO . - . .`:'i'; NTAGES JFAPPROVED MAGE5IF NpT APPRO'VED -__ _ . _ -- -- - ' a: , . _ : . ..::"'-�'�' ;'#� �'�",..2=:':?.�`.iir,, - AMOlfH70FTRAN3ACTiONt.�_ . - {O SOURCE . . .. - - '.' .: .' .rv_i:n�r.id:✓:i Ca:�_..: a wFOn�unoN (o�awM . '_ . _,�`�' _ ' CASTIit£VENUEBIIDOEiEDIGRDI£ONq s„:�:;?,YEi;�o%.',i NO :^;'� -'� - . ' _ ..4� sYt ��Y_ .r. � Aernm �sfn ' . . . - _ "i:"�r,fi%s;�; •:�'<<i:�;� "�4:' _ ' -. ' -> ti .• `. � �c y- Y - � - -�^ : � . - a ....,. �^ -x .':' . _ ' . - - _ .?v ._. �.r3:. ` ' - r / ' [ .: . ... . . , . '•s G � :'�`- '�.';:} 'v :�.. . . _ . . . , - . ._ . .. ti:f: _ , _ . .. OFFICE OF Tf� CITY ATTORNEY PegBirk, CityAttomey CITY OF SAINT PAUL Norm Coteman, Mayor Civil Drvision 400 CiryHa11 IS WeslKelloggBlvd Sainf Paul, Minrsesota 55102 _��,` Telephane: 612 266-8770 Facsimile_ 611298-5614 Mazch 18, 1998 NOTICE OF COUNCIL HEARING Timothy Stoffel Little Grocery 1724 University Avenue West Saint Paul, Nlinnesota 55104 RE: Cigazette license held by Littie Grocery df b/a Little Grocery for the premises located at 1724 University Ave. W. in St. Pau1 License ID No. :88646 Our File Number: G97-0334 Deaz Mr. Stoffel: Please take notice that a hearing concemuig the above-named estabiishment has been scheduled for 5:30 p.m., Wednesday, Apri122,1998 in the City Council Chambers, Third Floor, Saint Paui City Ha11 and Ramsey County Courthouse. Enclosed aze 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 our Febnxary 12,1998 nouce of failure to pay fines and costs have not been disputed. You wi11 have an opportwury at the Council hearing to present ozal and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the licensing office will be for the immediate suspension of your cigazette license for Little Grocery until ail unpaid fines imposed by the Saint Paul City Council under resolution C.F.97-1508 have been paid in full and written notice of the lifting of the suspension has been provided by the licensing office. If you have any quesfions, please call me at 266-8710. Very huly yours, �' �� .� Virginia Palmer Assistant City Attorney cc: Richard Sands, Attorney at Law, Cathedrai Hill, Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP 168 Nina St., St. Paul, MN 55102 Caoca;�€i �esearG� ��rate� . �:�. �. ORIGINAL Presented By Referred To RESOLVED, that the Cigazette license held by Little < ID No. 88646), for the premises located at 1724 University , suspended immediately for the failure to pay the fines imposed Council Resolution C.F97-150& on December 17, 1997; and Committ�e: Date dJb/a Little Grocery (License : West in Saivat Paul is hereby Saint Paul City Council under BE IT FURTHER RESOLVED, that said suspensi sha11 be in effect until such time as the these fines have been paid in full and written notice the lifting of said suspension has been provided to the licensee by the Office of License, Ins ctions and Environmental Protection. This resolution and the action of the Counc' m this matter are based upon the facts contained in the FAILURE TO PAY FINE AND ADMINI TIVE HEARING COSTS notice sent to the licensee on Februaiy 12, 1998, and such arg ents as may have been presented to the Council at the public hearing. The facts were not conte ed by the licensee. � Requested by Department of: �,.�r�' � �.1 �� . � <� � Adopted by Adoption G By: Approved b By: . �� Council Fi1e # �,� ,��.1 Green Sheet # RESOLUTION � CI'PY OF SAINl' PAUL, MINNESOTA r 3� Date Form Approved by City Attorney / by Council Secretary � �/� � By : `"V r/s_��I/""� '� � �-�-� nate Approved by Mayor for Submission to Council By: _f/� 98` -'� Zt DEPARTMENT/OFFICFJCOUNCIL DAiE 1NRIAT� cit coun�i� March 20, 1998 GREEN SHEET No b'�gf�'0 COMACT PERSON 8 PHONE InmaYDaa In�M� Councilmember Benanav oF..n,mrm,wr,■ rnrca.x... MUS7 8E ON OOUNCIL AGENDA BY (DA'fE) AS816x April 22, 1998 Public Hearing �� ,,,,.,, a ,,.� aounNc � w+axnntamvicrsnu� wuxew.smvi�ro ❑ WYCRlOR1�8816l11Mt1 ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR S16NATUR� CTION REQUESTm Concerning adverse action against licenses held by Little Grocery> 1724 University Avenue West. (Uncontested) RECO ME D TION Approve (A) a eject (R) PERSONAL SERVICE fANTRACTS MUST ANSWER 7HE FOLLOWING QUESTlONSs 1. Has thie persaNfirm e+er worked unde� a coMrad fior this departmeM? PLANNING CAMMISSION vES No CB COMMIT�EE 2. Has this peBOMirm ever bean a u"ty emproyee? CML SERVICE CAMMISSION YE5 t� 3. Does this Personlfirm D� a skill not norma��YP�d M' anY CutteM citY emWoY�1 YES NO 4. Isthis pereoMfimi a taryeted ventloR . YES NO F�lain all yes ansvre�s on aeParaM sheet anE attach tR recn sheet INITIATING PROBLEM ISSUE, OPPORTUNM (Wtp, Wf�at, Wlien, Where, CaLnc�! f�esearcl� ��nter MAR 2 0 19� ADVAMAGES IF APPROVED DISAWANTAGES IFAPPROVED DISADVANTAGES IF NOT APPROVED MTAL AMOUNT OF TRANSACTION i COSTrttEVENUE BUDfiETED (CIRCLE ONq VEE NO WNDIN6 SOURCE ACTNITY NUMBER FIWWCIFL INFORMA710N (IXPWt�fj °l$ -��1 UNCONTESTED LICENSE HEARING Licensee Name; Little Grocery d/b/a Little Grocery Address: 1724 University Avenue West Council Hearing Date: April 22, 1998 Violation: Failure to Pay Fine Imposed by Saint Paul City Council On December 17, 1997, under C.F. 97-1508 Fine Payment Due: January 17, 1998 Recommendation of Assistant City Attorney on behatf of client, Office of License, Inspections and Environmenta{ Protection: Immediate Suspension of Cigarette License Until Afl Fines Paid In Full and Notifieation of Lifting of Suspension Provided by License Office Attachments: 1. Proposed resolution 2. 12/17/97 Council Resotution C.F.97-1508 3. 12/26/97 letter from Licensing Office 4. 12/12198 letter from City Attorney's Office ' ' "� OFFICF `�F THE CIT1' ATTORNEY PegBirk, ,�+Atlorney CITY OF SAINT PAUL Norm Coleman, Mayor February 12, 1998 Civil Division 40Q Ciry Nal! 1 S West Ketlogg Blvd Saint Paul, �nrresot¢ 55702 °t8 -3�1 Telephone: 612 266-8710 Faaimile: 612 298-5619 FAILURE TO PAY FIl\�E Al\'ll ADMINISTRATIVE HEA.RING COSTS Timothy Stoffel Little Grocery 1?24 University Avenue West Saint Paul, Minnesota 55104 RE: Unpaid Fine and Adnunistrative Hearing Costs Dear Mr. Stoffel: On Becember 17, 1997 the Saint Paul City Councii passed resolution C.F.97-1508 which imposed a fine of $200.00 on you for the June 21, 1997 violation of Sale of Cigazettes to a Minor. The resolution further required that you reimburse the Ciry of Saint Paul for the cost of the September 23,1997 adminish�ative hearing involving this violation. The cost for the administrative hearing was $1,284.43. The total amount due to the City is $1,484.43. The resolution further required that this money be paid within 30 days of the adoption of the resolurion. On December 26, 1997 Christine Rozek, the Deputy Director of licensing, sent you a letter attaching a copy of C.F.97-1508. This letter informed you of the $1,484.43 owed to the City of Saint Paul and stated that the fine was due no late than close of business on 7anuazy 23, 1998. As of this date no payment has been received by the licensing office. You must immediately submit payment in full to the licensing office as required by the resolution. If you fail to make payment of the amount owed by Friday, February 20, 1998, ihis matter will be re-scheduled before the Ciiy Council at which time the licensing o�ce will seek the imposition of an additional genalty. The licensing office will request the immediate suspension of your licenses untll such time as the previously imposed fine has been paid in full. February 12, 1998 � Timothy Stoffel Page 2 � � —� �t If you have any question, you can call me at 266-8710. Sincerely, � � � /� � Rachel H. Young Assistant City Attorney cc. Robert Kessler, Director, LIEP Christine Rozek, LIEP �1� "31\ S`I'ATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on February 12, 1998, she served the attached LETTER RE FAILURE TO PAY FINE AI3D ADMINISTRATIVE HEARING COSTS on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Timothy Sto£fel Little Grocery 1724 University Avenue W. St. Paul, MN. 55104 (which is the last known address of said person) same, with postage prepaid, in the United States MinnesoCa. Subscribed and sworn to before me this 12th day of February, 1998. .�� `� - ��J � Notary Public and depositing the mails at St. Paul, • RITA M. BOSSARD � � ' NOTA,RYPU2LIC-ML":iiESOTA Ran,sEV cou�; r , rM ca,,,n. �,y;res aen. 3,. �o OFFICE OF UCENSE, INSPECTIOTS AND F,1�'VIRONMEN7AL PROTECTION XaSert Keukr, Director � [I �' '} � � CITX OF SAINT PAUL Norm Coleman, Mayor LOWRY PROFESSIONAL BUIIDING Suite 300 350 St. Peter Street Saint Pau{ Minnesota 55102-ISIO IMPOSTTION OF FINE & IMPOSITION OF ADMIIVISTRATIVE HEARING COSTS December 26, 1997 Timothy Stoffel Little Grocery 1724 University Avenue W. Saint Paul, MIV 55104 Dear Licers: _=c:'�-: Tetephone:612-?b6905b ' Facsimik: 61 Z-266iY199 612-2669I2d Enclosed is a copy of City Council Resolution Number 97-1508, which imposes a fine for: Sale of tobacco or tobacco products to a minor. The resolution also imposes payment of administrative heuing costs of $1,284.43 for the cost o£ the contested hearing. 'The fine and hearing cosu were adopted by the City Council in �nal written form at the CouncIl's regular meeting on December 17, 1997. This u a serious matter that demands your adherence. The ef£ea of this notice is that a fine in che amount of $200.00 is due for the above mentioned offense and administrative hearing cosu of $1,284.43. The cocal of amount of 51,484.43 is due in this o�ce no later chan the close of business (4:30 p.m.) on January 23, 1498. Pleaze call me at 266-9108 if you have questioru regarding this matter. $incerely, `-�" �� l.co Christine Rozek Depury Direaor cxi�1 endosure cc: Commander Aick Gardell, SPPD-Western Distria Robert Bess]er, D'uector-ISEP Peter Pangborn, Legal Assistant Kris Schweinler Administrative I.aw Judge Susan Weisman �� 2 g IS9l C�� AT��, � ( ill i Presented By Referred To Council File # �� i ��' Green sheet # 62179 RESOLUTION .'�. � CITY OF SAINT PAUL, MINNESOTA �$ i Committee: Date 2 WHEREAS, the City of Saint Paul, Office of License, Inspections and Environmental 3 Protection (LIEP) initiated an adverse action relating to ihe cigarette license held by Little 4 Grocery for the premises located at 1724 University Avenue West, Saint Paul, Minnesota, 7 seeking adverse actioa based upon alleged violations of §324.07 of the Saint Paul Legislative 6 Code and §609.685 of the Minnesota Statutes, involving a sale of cigarettes to a minor; and 7• WHEREAS, an administrative hearing was held before Administrative Law Judge Susan 1Q 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 Weisman on September 23, 1997, ��ith parties each submitting oral testimony and documents info the Fecerd zt tLe he�.rin�; ar:3 WHEREAS, the administrative law judge issued Findings of Fact, Conclusions and a Recommendation dated October 22, 1997 in which she found that the City had proved that an employee of Little Grocery sold a package of cigazettes to a 14-yeaz old girl on June 21, 1997 without asking for identification az7d in violation of the law; and WHEREAS, Saint Paul Legislative Code §310.05(k)(vii) permits the imposition of the costs of the heazing against the licensee when the violation involves the sale of tobaeco to a minor; and WHEREAS, a public hearing was held before the Saint Paul City Council on December 3, 1997, to consider the report of the ALJ and the licensee was represented at that hearing by his attomey; now therefore BE IT RESOLVED, that 4�e Council of the City of Saint Paul, after due deliberation 26 based upon a11 of the evidence contaitted in the files, records and proceedings herein, including 27 the documents and exhibits submitted to the administrative law judge, the Findings of Fact, 28 Conclusions and Recomtnendation submitted after the heazing and the azguxnents of counsel at 29 the hearing, does hereby order: 30 3Y 32 33 34 35 36 37 38 39 40 1. That flie Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge be accepted as the findings and conclusions of the Council in this matter and be incorporated herein by reference. 2. That tl�e recommeildation for a fine of Two Hundred Dollazs ($200) is adopted and said fine is imposed upon the cigazette license he]d by Little Grocery, located at 1724 University Avenue West, and said fine shal} be paid within thirty (30) days of the adoption of this resolution. 1 2 3 4 5 6 7 8 d i �' 77-1508 �g.�a\ 3. Tl�at pursuant to Saint Paul Legislative Code §310.05(k)(vii), the licensee shaIi pay costs of the contested hearing in the sum of One Thousand Two Hundred and Eighty-Pour pollars and Foriy-Three Cenis ($1,284.43.), within thirty (30) days of the adoption of this resolution. A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Aduiinistrative Law Judgc. . � rl � , ! : E �. � : . ,'., Requested by Department of: By: Adopted by Council: Da[e �� O�_ . 1' I\ _�_ Adoption Certi£ied by Covncil Secretasy By: �� a� T"� w=—_�� Appzoved by Mayoz; Date Sy: Fozm Approved by City Attorne , 1 By: �__� � Approved by Mayor for Submiss3on to Council BY: CounciImember Megazd Aecember 17, 1997 CATE INITNtEp December 9, 1997 NUMBFA FOR ROVTINQ . ORDER 70TAL #7 OE SiGNATURE PAGES Finalizing Ciry Council acGOn taken December 3, 1997 concerning adverse action against cigazette license held by Litde Grocery, 1724 Universiry Avenue West. � PLANNING COMMlSSION q8 COMM1TfEE CIVI4. SERVICE COMMISSION 7 t /�7C� �g -��.� GREEN SHEET nio 62179 �ov..,�.�� u��_ ❑ «tt.no,�„�. ❑ ��K � FM4CfLLiEAYKi1 pR ❑ !l4MCMLi[AVt�LCTY ❑ WWRIOIIAtLfiNfil . . � " � ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Hat ihia DercoNfrtn e+ar wwked undx a ea�4ec[ tor Nia depe.rtme�t7 � YES Fl� F7e� thb Das�rtn ever been n dtY emPloYee7 . . YES NO Doec lhis OerwrKim posseas a�id0 nct rarma17Wseesaed by anY turterd cky emdoyre? YES NO • q iltb pen(x�Trm a tarpded wndq9 � . .. . YES NO . - . .`:'i'; NTAGES JFAPPROVED MAGE5IF NpT APPRO'VED -__ _ . _ -- -- - ' a: , . _ : . ..::"'-�'�' ;'#� �'�",..2=:':?.�`.iir,, - AMOlfH70FTRAN3ACTiONt.�_ . - {O SOURCE . . .. - - '.' .: .' .rv_i:n�r.id:✓:i Ca:�_..: a wFOn�unoN (o�awM . '_ . _,�`�' _ ' CASTIit£VENUEBIIDOEiEDIGRDI£ONq s„:�:;?,YEi;�o%.',i NO :^;'� -'� - . ' _ ..4� sYt ��Y_ .r. � Aernm �sfn ' . . . - _ "i:"�r,fi%s;�; •:�'<<i:�;� "�4:' _ ' -. ' -> ti .• `. � �c y- Y - � - -�^ : � . - a ....,. �^ -x .':' . _ ' . - - _ .?v ._. �.r3:. ` ' - r / ' [ .: . ... . . , . '•s G � :'�`- '�.';:} 'v :�.. . . _ . . . , - . ._ . .. ti:f: _ , _ . .. OFFICE OF Tf� CITY ATTORNEY PegBirk, CityAttomey CITY OF SAINT PAUL Norm Coteman, Mayor Civil Drvision 400 CiryHa11 IS WeslKelloggBlvd Sainf Paul, Minrsesota 55102 _��,` Telephane: 612 266-8770 Facsimile_ 611298-5614 Mazch 18, 1998 NOTICE OF COUNCIL HEARING Timothy Stoffel Little Grocery 1724 University Avenue West Saint Paul, Nlinnesota 55104 RE: Cigazette license held by Littie Grocery df b/a Little Grocery for the premises located at 1724 University Ave. W. in St. Pau1 License ID No. :88646 Our File Number: G97-0334 Deaz Mr. Stoffel: Please take notice that a hearing concemuig the above-named estabiishment has been scheduled for 5:30 p.m., Wednesday, Apri122,1998 in the City Council Chambers, Third Floor, Saint Paui City Ha11 and Ramsey County Courthouse. Enclosed aze 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 our Febnxary 12,1998 nouce of failure to pay fines and costs have not been disputed. You wi11 have an opportwury at the Council hearing to present ozal and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the licensing office will be for the immediate suspension of your cigazette license for Little Grocery until ail unpaid fines imposed by the Saint Paul City Council under resolution C.F.97-1508 have been paid in full and written notice of the lifting of the suspension has been provided by the licensing office. If you have any quesfions, please call me at 266-8710. Very huly yours, �' �� .� Virginia Palmer Assistant City Attorney cc: Richard Sands, Attorney at Law, Cathedrai Hill, Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP 168 Nina St., St. Paul, MN 55102 Caoca;�€i �esearG� ��rate� . �:�. �.