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98-412Council File # - y � a OREGINAL Presented By Referred To CITY OF Green Sheet # v�7 V> Z-- RESOLUTION 41NT PAUL, MINNESOTA RESOLVED, that the Licensee, Hazk's Oil Co. dfb/a Dale Speedy Mazket (License ID No. 93060), located at 589 Dale Street North in Saint Paul is hereby ordered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor. Said fine shall be paid to the Office of License, Inspecfions and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the acrion of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the investigarion report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: �!ll r � 1 � � ��ll.� j '.�:� , � Appr By: Form Approved by City 7ittorney By: i 1 �� .�..�v.. / Approved by Mayor for Suhmission to Council By: Adopted by Council: Date 1 Adoption Certi£ied by Council Secretary LIEP Robert Kessler, 266-9112 Tfay 13, 1998 - Public Hearing 4J24/98 I GREEN SHEET No TOTAL # OF SIGNATURE PAGES �t ��a 60882 n¢..x+rennn¢roie Uanca.s.._ arv�rroa�' ❑ urrncx�c w+�xaa.amincF,oae. ❑ rwxcoumn2�xrc wvweloc�issraxry ❑ (CLIP AlL LOCA710NS FOR SIGNATURE) Conceining adverse action against Hark's Oil Co., DBA Dale Speedy Market, located at 589 Dale Street North. PIANNING CAMMISStON CIB CAMMITTEE CIVIL SERVICE COMMISSION Has Nis Pe«��m erer waked uMer a co�hac[far thib tlePertment? YES NO Hae Mis Pe��rm ever been a cdY emPbvee9 VES NO Oces this per��m poaeess a sldll �d normallYpossessetl by a�ry curtent ciry employee7 YES NO Is this persoNfirtn a targe[etl vendo� YES NO �445: ��`?,$�."' �P ..�� S�f�: vw :i i .?v . �� ,�. � '� t /lMOUNT OF TRANSACTION S COST/REVENUE BUDQETED (CIRCLE ON� YES 11GTNITY NUMBER NO fExvWN) OFFICE OF Tf� CITY ATTORNEY PegBirk, CiryAitomey q Q - CIT`Y OF SAINT PAUL cry,rD�;�, leman, Maym 400 City Halt Te7ephone: b12 2b6-8J10 ISWes[KelloggBlvd Facsimile:612298-5619 Saira P¢u1, Minnesota 55102 �� Apri123, 1998 NOTICE OF COUNCIL HEARiNG Owner/Manager Dale Speedy Market 589 Dale Street orth Saint Paul, Minnesota 55103 RE: Cigazette license held by Hazk's Oil Co. dfb/a Dale Speedy Market for the premises located at 589 Dale Street North in St. Paul License ID No. :93060 Our File Number: G98-Ol 14 Dear SirlMadam: Please take notice that a hearing conceming the above-named establisiunent has been scheduled for 5:30 p.m., Wednesday, May 13,199$ in the City Council Chambers, Third Floor, Saint Paul 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 considerarion. This is an uncontested heariug in that the facts contained in the report concerning the unlawfiil sale of cigarettes have not been disputed. You will have an opportiuiity at the Council hearing to present oral andtor written remazks as to the penalty, if any, to be imposed. The recoxnmendarion 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, ��,�.�� r�.�,. Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, D'uectot, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Piazuung Councii, 369 University Ave., St. Paul, MN 55103 a8 -��a- UNCONTESTED LICENSE HEARING Licensee Name: Hark's Oii Co. d/b!a Date Speedy Market Address: 589 Date Stree# North Gouncil Hearing Date: May 13, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paut Legistative Code § 324.07 Date: March 19, 1998 Place; Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of ciient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Letter of licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Gomptiance Report °IQ -y��- March 30, 1998 Vrginia D. Pa{mer Assistant City Attorney Civil Division 400 City Hai! 15 Wesf Kelfogg Blvd. Si. Paui, MN 55102 RE: Option to proceed with matter regarding cigarette {icense heid by Hark's Oil Co. License fD IVo.: 93060 Dear Madam: On March 19, 1998, I soid cigarettes to a minor under the age of 18 years on the licensed premises. i do not dispute the facts and request an option to proceed with this matter before the City Council. i understand that a public hearing wi{I scheduied to determine what penalty, if any, to impose. i wouid like the opportunity to make a statement on my behaif. Sincerely, � �� Bryan D. Kile Employee Hark's Food Inc. Speedy MarkeUConoco 589 North Dale Street St. Paul, MN 55104 (612) 228.1329 �k°R � ,�.,,. �- �.��5 � �fj L� �-.. _ „ ,,; �:": z%r'�� _„ ,,�, OFF, , OR TfiE CITY ATTORNEY PegBirk, CityAtlorney � e `�� 6 CITY OF SAINT PAUL Nomt Colemmy Mayor Crvit Diduioit d00 Gry HnJ1 IS West%llogg BMd Sailu PauS M'utnesota SSIO2 Telephartc 672 266-8770 Faerimilc 611298-56Z9 Mazch 23, 1998 NOTICE O�' VIOLATION Owner/Manager Dale Speedy Mazket 589 Dale Street North Saint Paul, Minnesota 55103 RE: Cigarette license held by Hark's Oil, Co. d/bla Dale Speedy Mazket for the premises located at S84 Dale St. I3. in St. Paul License ID No.:93060 Dear SirlMadam: The Director of the Office of License, Inspecfions and Environmental Protection will recommend that adverse action be taken agaiast your cigazette license held at the above-named address. This recommendation is based on the following: On March 19,1998, you or another employee sold cisarettes to a minor under the age of 18 years in the Iiceased premises. This is an offense under Minn. Stat §609.b85 and Saint Paul Legislative Code §324.07. Since this is a fust violation, the licensing office will recoxnmend a$2�OA0 fine. At this time you have three options on how to proceed: If you do not dispute the above facts, please send me a letter with a statement to that effect by Friday, April 3, 1998. The matter will then be scheduled before the City Councii for a public hearing to deternune what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf as to the penalty, if any, to be imposed. °Ig-41o.. 2. Altemativelq, if y do not dispute the facts and do not wi _o have a public hearing, you will need to pay the recommended fine for this violation. If this is yout choice, you may use the enclosed envelope and make payment directly to the Office of License Inspecrions and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Paymenl of the fine will be considered to be a waiver of the of the hearing to which you aze entided. 3. If you do dispute the above facts, a hearing wi31 be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exanune the other's witnesses. The St. Paul City Council will ultimately decide the case. ffthis is your choice, please advise my 3egal assistant, Peter Pangborn, and we will take the necessary steps to set up that ALJ hearing. He can be reached at 266-8710. Ifwe have not heard itom }�ou by Friday, April 3,1998, we will assume that you do not contest tbe facts and will schedule this before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, �'� �-�-L �� Virginia D. Palmer Assistant City Attomey cc: _ Robert Kessler, Director, LIEP Christine Rozek, LIEP Michaei Samuelson, Exec. D'uector, Thomas-DaletDis�t. 7 Planning Council, 369 University Ave., St. Paul, MN 55143 a�-yia- STATE OF MINNESOTA COUNTY OF RAMSBY ss_ AFFIDAVIT OF SERVICE SY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 24, 1998, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy hereof in an envelope addressed as follows: Owner/Manager Dale Street Speedy Market 589 No. Dale Street St. Paul, MN. 55103 (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 24t1Yd�v of�-R�ar�h. 1998. pETFA P. PANGBORN ,^.. c��-y 12- LiC ID ................... STAT ..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Bxp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 93060 AC HARK'S OIL CO 589 DALE ST N 55103 DALE SPEEDY MARKET CIGARETTE RESTAURANT (A)- GAS STATION OFF SALE MALT GROCERY (C) 03/31f99 ZERO-12 SEATS WAIVED 02/23J98 WAIVED 12689 10/Sj93--PH ON APPN FOR AN AJ3 GROC-A, OFF SALE MALT, GAS STATION, RESTAURANT-A AND CIGARETTE TRFR LIC FROM ID ##18559 APP'D CF 93-1457 1701689 06/07/94 228-1329 _ (�: : . �;��' _ _:ii�s`� . . . ' i ' �'^r.i } . yy', L. . . � . . , . , i.) n . - ... � . .. .. . .- . , . ,'it` . " _.. - _ . -. c� � -y 1�- _ _..,,� � TOBACCO COMPLIANCE CHECK FORM DATE: `�t� �l�`6 TAME:o�_ NAME OF COMPLIANCE CHECF�R: � NAME & ADDRESS OF LICENSID V. WAS THE TOBACCO: SELF-SERVE? _ ASSISTED7 ,� MAC�IIIdE1 _ DID THE MACHII3E HAVE THE PROPER REMOTE DEVICE? SALE WAS MADE: YES �_ NO BRAND: ��✓✓t.`�O l�C NAME OF CLERK: ��(.�,� �� " • SEX: M� F DESCRIPTIQN: 1�..� � CHECK ABORTID: YES NO ADDITTONAL COMMENTS: �.-J -.��I LICENSEI.D.23tJMBER: �� NAME OF OFFICER: �t�S Council File # - y � a OREGINAL Presented By Referred To CITY OF Green Sheet # v�7 V> Z-- RESOLUTION 41NT PAUL, MINNESOTA RESOLVED, that the Licensee, Hazk's Oil Co. dfb/a Dale Speedy Mazket (License ID No. 93060), located at 589 Dale Street North in Saint Paul is hereby ordered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor. Said fine shall be paid to the Office of License, Inspecfions and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the acrion of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the investigarion report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: �!ll r � 1 � � ��ll.� j '.�:� , � Appr By: Form Approved by City 7ittorney By: i 1 �� .�..�v.. / Approved by Mayor for Suhmission to Council By: Adopted by Council: Date 1 Adoption Certi£ied by Council Secretary LIEP Robert Kessler, 266-9112 Tfay 13, 1998 - Public Hearing 4J24/98 I GREEN SHEET No TOTAL # OF SIGNATURE PAGES �t ��a 60882 n¢..x+rennn¢roie Uanca.s.._ arv�rroa�' ❑ urrncx�c w+�xaa.amincF,oae. ❑ rwxcoumn2�xrc wvweloc�issraxry ❑ (CLIP AlL LOCA710NS FOR SIGNATURE) Conceining adverse action against Hark's Oil Co., DBA Dale Speedy Market, located at 589 Dale Street North. PIANNING CAMMISStON CIB CAMMITTEE CIVIL SERVICE COMMISSION Has Nis Pe«��m erer waked uMer a co�hac[far thib tlePertment? YES NO Hae Mis Pe��rm ever been a cdY emPbvee9 VES NO Oces this per��m poaeess a sldll �d normallYpossessetl by a�ry curtent ciry employee7 YES NO Is this persoNfirtn a targe[etl vendo� YES NO �445: ��`?,$�."' �P ..�� S�f�: vw :i i .?v . �� ,�. � '� t /lMOUNT OF TRANSACTION S COST/REVENUE BUDQETED (CIRCLE ON� YES 11GTNITY NUMBER NO fExvWN) OFFICE OF Tf� CITY ATTORNEY PegBirk, CiryAitomey q Q - CIT`Y OF SAINT PAUL cry,rD�;�, leman, Maym 400 City Halt Te7ephone: b12 2b6-8J10 ISWes[KelloggBlvd Facsimile:612298-5619 Saira P¢u1, Minnesota 55102 �� Apri123, 1998 NOTICE OF COUNCIL HEARiNG Owner/Manager Dale Speedy Market 589 Dale Street orth Saint Paul, Minnesota 55103 RE: Cigazette license held by Hazk's Oil Co. dfb/a Dale Speedy Market for the premises located at 589 Dale Street North in St. Paul License ID No. :93060 Our File Number: G98-Ol 14 Dear SirlMadam: Please take notice that a hearing conceming the above-named establisiunent has been scheduled for 5:30 p.m., Wednesday, May 13,199$ in the City Council Chambers, Third Floor, Saint Paul 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 considerarion. This is an uncontested heariug in that the facts contained in the report concerning the unlawfiil sale of cigarettes have not been disputed. You will have an opportiuiity at the Council hearing to present oral andtor written remazks as to the penalty, if any, to be imposed. The recoxnmendarion 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, ��,�.�� r�.�,. Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, D'uectot, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Piazuung Councii, 369 University Ave., St. Paul, MN 55103 a8 -��a- UNCONTESTED LICENSE HEARING Licensee Name: Hark's Oii Co. d/b!a Date Speedy Market Address: 589 Date Stree# North Gouncil Hearing Date: May 13, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paut Legistative Code § 324.07 Date: March 19, 1998 Place; Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of ciient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Letter of licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Gomptiance Report °IQ -y��- March 30, 1998 Vrginia D. Pa{mer Assistant City Attorney Civil Division 400 City Hai! 15 Wesf Kelfogg Blvd. Si. Paui, MN 55102 RE: Option to proceed with matter regarding cigarette {icense heid by Hark's Oil Co. License fD IVo.: 93060 Dear Madam: On March 19, 1998, I soid cigarettes to a minor under the age of 18 years on the licensed premises. i do not dispute the facts and request an option to proceed with this matter before the City Council. i understand that a public hearing wi{I scheduied to determine what penalty, if any, to impose. i wouid like the opportunity to make a statement on my behaif. Sincerely, � �� Bryan D. Kile Employee Hark's Food Inc. Speedy MarkeUConoco 589 North Dale Street St. Paul, MN 55104 (612) 228.1329 �k°R � ,�.,,. �- �.��5 � �fj L� �-.. _ „ ,,; �:": z%r'�� _„ ,,�, OFF, , OR TfiE CITY ATTORNEY PegBirk, CityAtlorney � e `�� 6 CITY OF SAINT PAUL Nomt Colemmy Mayor Crvit Diduioit d00 Gry HnJ1 IS West%llogg BMd Sailu PauS M'utnesota SSIO2 Telephartc 672 266-8770 Faerimilc 611298-56Z9 Mazch 23, 1998 NOTICE O�' VIOLATION Owner/Manager Dale Speedy Mazket 589 Dale Street North Saint Paul, Minnesota 55103 RE: Cigarette license held by Hark's Oil, Co. d/bla Dale Speedy Mazket for the premises located at S84 Dale St. I3. in St. Paul License ID No.:93060 Dear SirlMadam: The Director of the Office of License, Inspecfions and Environmental Protection will recommend that adverse action be taken agaiast your cigazette license held at the above-named address. This recommendation is based on the following: On March 19,1998, you or another employee sold cisarettes to a minor under the age of 18 years in the Iiceased premises. This is an offense under Minn. Stat §609.b85 and Saint Paul Legislative Code §324.07. Since this is a fust violation, the licensing office will recoxnmend a$2�OA0 fine. At this time you have three options on how to proceed: If you do not dispute the above facts, please send me a letter with a statement to that effect by Friday, April 3, 1998. The matter will then be scheduled before the City Councii for a public hearing to deternune what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf as to the penalty, if any, to be imposed. °Ig-41o.. 2. Altemativelq, if y do not dispute the facts and do not wi _o have a public hearing, you will need to pay the recommended fine for this violation. If this is yout choice, you may use the enclosed envelope and make payment directly to the Office of License Inspecrions and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Paymenl of the fine will be considered to be a waiver of the of the hearing to which you aze entided. 3. If you do dispute the above facts, a hearing wi31 be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exanune the other's witnesses. The St. Paul City Council will ultimately decide the case. ffthis is your choice, please advise my 3egal assistant, Peter Pangborn, and we will take the necessary steps to set up that ALJ hearing. He can be reached at 266-8710. Ifwe have not heard itom }�ou by Friday, April 3,1998, we will assume that you do not contest tbe facts and will schedule this before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, �'� �-�-L �� Virginia D. Palmer Assistant City Attomey cc: _ Robert Kessler, Director, LIEP Christine Rozek, LIEP Michaei Samuelson, Exec. D'uector, Thomas-DaletDis�t. 7 Planning Council, 369 University Ave., St. Paul, MN 55143 a�-yia- STATE OF MINNESOTA COUNTY OF RAMSBY ss_ AFFIDAVIT OF SERVICE SY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 24, 1998, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy hereof in an envelope addressed as follows: Owner/Manager Dale Street Speedy Market 589 No. Dale Street St. Paul, MN. 55103 (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 24t1Yd�v of�-R�ar�h. 1998. pETFA P. PANGBORN ,^.. c��-y 12- LiC ID ................... STAT ..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Bxp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 93060 AC HARK'S OIL CO 589 DALE ST N 55103 DALE SPEEDY MARKET CIGARETTE RESTAURANT (A)- GAS STATION OFF SALE MALT GROCERY (C) 03/31f99 ZERO-12 SEATS WAIVED 02/23J98 WAIVED 12689 10/Sj93--PH ON APPN FOR AN AJ3 GROC-A, OFF SALE MALT, GAS STATION, RESTAURANT-A AND CIGARETTE TRFR LIC FROM ID ##18559 APP'D CF 93-1457 1701689 06/07/94 228-1329 _ (�: : . �;��' _ _:ii�s`� . . . ' i ' �'^r.i } . yy', L. . . � . . , . , i.) n . - ... � . .. .. . .- . , . ,'it` . " _.. - _ . -. c� � -y 1�- _ _..,,� � TOBACCO COMPLIANCE CHECK FORM DATE: `�t� �l�`6 TAME:o�_ NAME OF COMPLIANCE CHECF�R: � NAME & ADDRESS OF LICENSID V. WAS THE TOBACCO: SELF-SERVE? _ ASSISTED7 ,� MAC�IIIdE1 _ DID THE MACHII3E HAVE THE PROPER REMOTE DEVICE? SALE WAS MADE: YES �_ NO BRAND: ��✓✓t.`�O l�C NAME OF CLERK: ��(.�,� �� " • SEX: M� F DESCRIPTIQN: 1�..� � CHECK ABORTID: YES NO ADDITTONAL COMMENTS: �.-J -.��I LICENSEI.D.23tJMBER: �� NAME OF OFFICER: �t�S Council File # - y � a OREGINAL Presented By Referred To CITY OF Green Sheet # v�7 V> Z-- RESOLUTION 41NT PAUL, MINNESOTA RESOLVED, that the Licensee, Hazk's Oil Co. dfb/a Dale Speedy Mazket (License ID No. 93060), located at 589 Dale Street North in Saint Paul is hereby ordered to pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor. Said fine shall be paid to the Office of License, Inspecfions and Environmental Protection within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the acrion of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the investigarion report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: �!ll r � 1 � � ��ll.� j '.�:� , � Appr By: Form Approved by City 7ittorney By: i 1 �� .�..�v.. / Approved by Mayor for Suhmission to Council By: Adopted by Council: Date 1 Adoption Certi£ied by Council Secretary LIEP Robert Kessler, 266-9112 Tfay 13, 1998 - Public Hearing 4J24/98 I GREEN SHEET No TOTAL # OF SIGNATURE PAGES �t ��a 60882 n¢..x+rennn¢roie Uanca.s.._ arv�rroa�' ❑ urrncx�c w+�xaa.amincF,oae. ❑ rwxcoumn2�xrc wvweloc�issraxry ❑ (CLIP AlL LOCA710NS FOR SIGNATURE) Conceining adverse action against Hark's Oil Co., DBA Dale Speedy Market, located at 589 Dale Street North. PIANNING CAMMISStON CIB CAMMITTEE CIVIL SERVICE COMMISSION Has Nis Pe«��m erer waked uMer a co�hac[far thib tlePertment? YES NO Hae Mis Pe��rm ever been a cdY emPbvee9 VES NO Oces this per��m poaeess a sldll �d normallYpossessetl by a�ry curtent ciry employee7 YES NO Is this persoNfirtn a targe[etl vendo� YES NO �445: ��`?,$�."' �P ..�� S�f�: vw :i i .?v . �� ,�. � '� t /lMOUNT OF TRANSACTION S COST/REVENUE BUDQETED (CIRCLE ON� YES 11GTNITY NUMBER NO fExvWN) OFFICE OF Tf� CITY ATTORNEY PegBirk, CiryAitomey q Q - CIT`Y OF SAINT PAUL cry,rD�;�, leman, Maym 400 City Halt Te7ephone: b12 2b6-8J10 ISWes[KelloggBlvd Facsimile:612298-5619 Saira P¢u1, Minnesota 55102 �� Apri123, 1998 NOTICE OF COUNCIL HEARiNG Owner/Manager Dale Speedy Market 589 Dale Street orth Saint Paul, Minnesota 55103 RE: Cigazette license held by Hazk's Oil Co. dfb/a Dale Speedy Market for the premises located at 589 Dale Street North in St. Paul License ID No. :93060 Our File Number: G98-Ol 14 Dear SirlMadam: Please take notice that a hearing conceming the above-named establisiunent has been scheduled for 5:30 p.m., Wednesday, May 13,199$ in the City Council Chambers, Third Floor, Saint Paul 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 considerarion. This is an uncontested heariug in that the facts contained in the report concerning the unlawfiil sale of cigarettes have not been disputed. You will have an opportiuiity at the Council hearing to present oral andtor written remazks as to the penalty, if any, to be imposed. The recoxnmendarion 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, ��,�.�� r�.�,. Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, D'uectot, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Piazuung Councii, 369 University Ave., St. Paul, MN 55103 a8 -��a- UNCONTESTED LICENSE HEARING Licensee Name: Hark's Oii Co. d/b!a Date Speedy Market Address: 589 Date Stree# North Gouncil Hearing Date: May 13, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paut Legistative Code § 324.07 Date: March 19, 1998 Place; Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of ciient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Letter of licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Gomptiance Report °IQ -y��- March 30, 1998 Vrginia D. Pa{mer Assistant City Attorney Civil Division 400 City Hai! 15 Wesf Kelfogg Blvd. Si. Paui, MN 55102 RE: Option to proceed with matter regarding cigarette {icense heid by Hark's Oil Co. License fD IVo.: 93060 Dear Madam: On March 19, 1998, I soid cigarettes to a minor under the age of 18 years on the licensed premises. i do not dispute the facts and request an option to proceed with this matter before the City Council. i understand that a public hearing wi{I scheduied to determine what penalty, if any, to impose. i wouid like the opportunity to make a statement on my behaif. Sincerely, � �� Bryan D. Kile Employee Hark's Food Inc. Speedy MarkeUConoco 589 North Dale Street St. Paul, MN 55104 (612) 228.1329 �k°R � ,�.,,. �- �.��5 � �fj L� �-.. _ „ ,,; �:": z%r'�� _„ ,,�, OFF, , OR TfiE CITY ATTORNEY PegBirk, CityAtlorney � e `�� 6 CITY OF SAINT PAUL Nomt Colemmy Mayor Crvit Diduioit d00 Gry HnJ1 IS West%llogg BMd Sailu PauS M'utnesota SSIO2 Telephartc 672 266-8770 Faerimilc 611298-56Z9 Mazch 23, 1998 NOTICE O�' VIOLATION Owner/Manager Dale Speedy Mazket 589 Dale Street North Saint Paul, Minnesota 55103 RE: Cigarette license held by Hark's Oil, Co. d/bla Dale Speedy Mazket for the premises located at S84 Dale St. I3. in St. Paul License ID No.:93060 Dear SirlMadam: The Director of the Office of License, Inspecfions and Environmental Protection will recommend that adverse action be taken agaiast your cigazette license held at the above-named address. This recommendation is based on the following: On March 19,1998, you or another employee sold cisarettes to a minor under the age of 18 years in the Iiceased premises. This is an offense under Minn. Stat §609.b85 and Saint Paul Legislative Code §324.07. Since this is a fust violation, the licensing office will recoxnmend a$2�OA0 fine. At this time you have three options on how to proceed: If you do not dispute the above facts, please send me a letter with a statement to that effect by Friday, April 3, 1998. The matter will then be scheduled before the City Councii for a public hearing to deternune what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf as to the penalty, if any, to be imposed. °Ig-41o.. 2. Altemativelq, if y do not dispute the facts and do not wi _o have a public hearing, you will need to pay the recommended fine for this violation. If this is yout choice, you may use the enclosed envelope and make payment directly to the Office of License Inspecrions and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Paymenl of the fine will be considered to be a waiver of the of the hearing to which you aze entided. 3. If you do dispute the above facts, a hearing wi31 be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exanune the other's witnesses. The St. Paul City Council will ultimately decide the case. ffthis is your choice, please advise my 3egal assistant, Peter Pangborn, and we will take the necessary steps to set up that ALJ hearing. He can be reached at 266-8710. Ifwe have not heard itom }�ou by Friday, April 3,1998, we will assume that you do not contest tbe facts and will schedule this before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, �'� �-�-L �� Virginia D. Palmer Assistant City Attomey cc: _ Robert Kessler, Director, LIEP Christine Rozek, LIEP Michaei Samuelson, Exec. D'uector, Thomas-DaletDis�t. 7 Planning Council, 369 University Ave., St. Paul, MN 55143 a�-yia- STATE OF MINNESOTA COUNTY OF RAMSBY ss_ AFFIDAVIT OF SERVICE SY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 24, 1998, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy hereof in an envelope addressed as follows: Owner/Manager Dale Street Speedy Market 589 No. Dale Street St. Paul, MN. 55103 (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 24t1Yd�v of�-R�ar�h. 1998. pETFA P. PANGBORN ,^.. c��-y 12- LiC ID ................... STAT ..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Bxp Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 93060 AC HARK'S OIL CO 589 DALE ST N 55103 DALE SPEEDY MARKET CIGARETTE RESTAURANT (A)- GAS STATION OFF SALE MALT GROCERY (C) 03/31f99 ZERO-12 SEATS WAIVED 02/23J98 WAIVED 12689 10/Sj93--PH ON APPN FOR AN AJ3 GROC-A, OFF SALE MALT, GAS STATION, RESTAURANT-A AND CIGARETTE TRFR LIC FROM ID ##18559 APP'D CF 93-1457 1701689 06/07/94 228-1329 _ (�: : . �;��' _ _:ii�s`� . . . ' i ' �'^r.i } . yy', L. . . � . . , . , i.) n . - ... � . .. .. . .- . , . ,'it` . " _.. - _ . -. c� � -y 1�- _ _..,,� � TOBACCO COMPLIANCE CHECK FORM DATE: `�t� �l�`6 TAME:o�_ NAME OF COMPLIANCE CHECF�R: � NAME & ADDRESS OF LICENSID V. WAS THE TOBACCO: SELF-SERVE? _ ASSISTED7 ,� MAC�IIIdE1 _ DID THE MACHII3E HAVE THE PROPER REMOTE DEVICE? SALE WAS MADE: YES �_ NO BRAND: ��✓✓t.`�O l�C NAME OF CLERK: ��(.�,� �� " • SEX: M� F DESCRIPTIQN: 1�..� � CHECK ABORTID: YES NO ADDITTONAL COMMENTS: �.-J -.��I LICENSEI.D.23tJMBER: �� NAME OF OFFICER: �t�S