05-1051Council File # O � ' /w'
Green Sheet # Jo,� C1� � V
RESOLUTION
SAINT PAUL, MINNESOTA
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Presented By �
Referred To
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Committee: Date
30
WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by
Walgreen Co., d/b/a Walgreen Co. (License ID#0065780), for the premises located at 734 Grand
Avenue in Saint Paul by Notice of Violation dated October 11, 2005, alleging a sale of tobacco
products to a minor on'September 15, 2005: and
WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation and
did not make the payment of the fine; and
WHEREAS, the Notice of Violation stated that if the licensee failed to respond or pay by
October 21, 2005, that the matter would be placed on the consent agenda to impose the
recommended fine; now, therefore, be it
RESOLVED, that Walgreen Co., d/b/a Walgreen Co. is hereby ardered to pay a fine in the
amount of $200.00 for the violation of sale of tobacco products to a minor on September 15, 2005.
Payment of fine shall be made within thirty days of the date of the adoption of this resolution.
���—� r �,—� Requested by Department of :
By= ��: , 19- �i "�,.-�._/
Adopted by Council
q Form Approved by City Attorney
Dat���ri�� 1.�� n
Adoption Certi d by Council Secretary BY�
By: /� i
Approved by ' y r: Date __ �GJ���
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrnenNoffice/council: Date Initiated:
LP — �crnseQnspectionBnvaonProt 26-OCf-0S Green Sheet NO: 3028608
Contact Person 8 Phone: Deoartmenf Sent To Person InftiaVDate
Rachel GuMlerson � 0 icen n ecti nfEnviron o
266-8710 ��9n 1 icen e/Ins ection/EnvironPro De a entDirector
Must Be on Council qqenda by (Date): Number 2 ttom
For
Routing 3 a o'sOFFice M or/Assista t
Order 4 oun "1
_ 5 i erk Ci Clerk
Total # of Signature Pages _(Clip NI Locations for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against the Cigazette/Tobacco license held by Walgreen Co., d/b/a
Waigreen Co. (License ID#0065780) for the premises located at 734 Grand Avenue in Saint Paul.
�� Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Pollowing Questions:
Planning Commission 1. Has this person/firm ever worked under a contrad for this departmenY?
CIB Committee Yes No
� Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
� 3. Dces this person/firm passess a skill not normally possessed by any
current city employee? �
Yes No
, Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On September 15, 2005, licensee sold tobacco products to a minor. After notificarion, licensee did not respond to the Norice of
Violation.
AdvanWges If Approved: �
Fine imposed as required by St. Paul I.egislative Code Section 324.07.
Disadvantages If Approved: ' � r�
None.
REGct?.`ED
�d� � � �Q��
CY �Y � � �
DisadvantagesifNotApproved:
Fine not imposed.
Total Amount of CosURevenue Budgeted:
Transadion:
Punding Source: Activity Number. a ��R� P � yR ?. ��.,-,a.,�.
Financial Information:
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SAINS
PAUL
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CITY OF SAINT PAUL
Randy C Ke11y Mayor
October 11, 2005
OFFIC�r' Tf� CITY ATTORNEY
MmeuelJ Cervantes, CityAttorney
CiviTDivirion
400 Ciry HaZI
IS West KeZZogg Blvd.
Saint Pau1, Minnuota SSIO2
NOTICE OF VIOLATION
OwnerJManager
Walgreen Co.
734 Grand Avenue
St. Paul, MN 55105-3421
TeZephone: 657 266-SJIO
Facsimile: 651298-5679
RE: - Cigarette/Tobacco License held by Walgreen Co., d/b/a Walgreen Co. for the premises located at 734
Grand Avenue in Saint Paul.
License ID #0065780
Deaz Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended adverse action
against the Cigarette/Tobacco License held by VValgreen Co., d/b/a Walgreen Co. for the prexnises located at
734 Grand Avenue in Saint Paul . The basis for the recoxnmendation is as follows:
On September 15, 2005, a�obacco compliance check was conducted at Wal�reen Co.
for the premises located at 734 Grand Avenue in Saint Paul. A fifteen year old
female entered the store and asked to buy cigarettes. She was not asked to show her
identification, which would have indicated she was underage. Nevertheless, the
clerk sold her a package of Marlboro cigarettes. The sale of tobacco to an underage
person is a violation of Minn. Stat §609.85 and Saint Paul Legislative Code §324.07.
Since this is a first violation far the sale of cigarettes to an underage person, the licensing office will
recommend a $200.00 fine.
At this time you haue three opfions on how to proceed:
1- You can pay the recommended fine. If this is your choice, you should make payment directly to the
Office of License, Inspections and Environmental Protecfion, at 8 Fourth Street East, Suite 200, St. Paul,
Minuesota 55101-1002 no later than Friday, October 21, 2005. Inforxnation should be directed to the
attenfion of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of
the fine will be considered to be a waiver of the hearing to which you are enritled.
AA-ADA-EEO Employer
; Walgreen Co. � r
, October 11, 2005
Page 2
2- If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City
Council, you wili need to send me a letter with a statement adinitting the facts and requesting a pubfic
hearing. We will need to receive your letter no later than FYiday, October 21, 2005. The matter will
then be scheduled before the City Council for a public hearing to deteinune if the fine should be
imposed. You will have an opporltmity to appear before the Council and make a statement on your own
behalf.
If you dispute the above facts, you can request a hearing before an Admiuish Law Judge. At that
hearing both you and the City will be able to appear and present witnesses, evidence and cross-examuie
the other's witnesses. The St. Paul City Council will ultnnately decide the case. If this is your choice,
please advise me no later than Friday, October 21, 2005, and I will take the necessary steps to schedule
the adiniiustrative hearing.
If I have not heard from you by Friday, October 21, 2005, I will assume that you do not contest the
facts of the violation and will schedule this matter for the St Paul City Council and have it placed on the
Consent Agenda during which no public discnssion is allowed and the recommended fine will be
imposed.
Please be advised that the clerk who was identified as having made the sale on this date is also being
charged an admiuistrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a separate action from this
license matter.
If you haue any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
G�tn�X.,
Rachel Gunde n
Assistant Ciry Attomey
cc: Christine Rozek, Deputy Director of LIEP
George Evans, 9916 - 74�` Street West, Eden Prairie, MN 55344
Amanda Schultz, Executive Director, Grand Avenue Business Association,
867 Grand Avenue, St. Paul, MN 55105
AA-ADA-EEO Employer
�
STATE OF vIINNESOTA)
) ss.
COUN'TY OF RAMSEY )
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AFFTDAVIT OF SERVICE BY U.S. MAII.
JLTLIE KRAUS, being first duly sworn, deposes and says that on October 11, 2005, she
served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
Owner/Nfanager
Walgreen Co.
734 Grand Avenue
St. Paul, MN 55105-3421
George Evans
9916 - 74th Street West
Eden Prairie, MN 55344
Amanda Schultz, Executive Director
Grand Avenue Business Association
867 Grand Avenue
St. Paul, MN 55105
(which is the last Irnown address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
1�..�
IE KRAUS
Subscribed and
to before me
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