96-1331 Council File # �� ��33�
�� � � �..:` � ��� �d � Green Sheet # 3 �' �
RESOLUTION
CITY OF SAI T P U MINNESOTA �
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Presented By
Referred To Committee: Date
1
2
3
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5 WHEREAS, the City of Saint Paul, on October 10, 1996, received a Notice of Tax
6 Liability from the State of Minnesota stating that Kathryn E. Gaffney owed delinquent taxes
7 to the State of Minnesota, and;
8
9 WHEREAS, Kathryn E. Gaffney and/or Phoenix Flight Inc., d/b/a Club Metro, 733
10 Pierce Butler Route, Saint Paul, holds the following licenses at that location: On-sale Liquor-
11 A, Sunday On-sale Liquor, Gambling Location - A, and Restaurant- B, and;
12
13 WHEREAS, Minn. Stat. §270.72, subd.l (1994) requires the revocation of any license
14 for the conduct of a profession, occupation, trade or business held by an applicant who owes
15 $500 or more in delinquent t�es or has not filed returns, and;
16
17 WHEREAS, under said statute the State of Minnesota must notify the applicant of the
18 intent to require revocation of such license, and of their right to a hearing, and;
19
20 WHEREAS, a hearing under this state statute is expressly provided to be in lieu of any
21 other hearings or proceedings required by law, which would include the hearing provisions of
22 St. Paul Leg. Code § 310.05, and;
23
24 WHEREAS, the City has agreed with the Department of Revenue that the definition of
25 "revoke" as used in the statute is procedurally the same as the process used by the City of
26 Saint Paul for a license suspension, and;
27 �
28 WHEREAS, the license suspension must be implemented within thirty (30) days of
29 receipt of the Notice of Tax Liability,
30 and is in effect until the commissioner issues a ta�c clearance certificate, and;
31
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2 WHEREAS, no tax clearance certificate has been forwarded to the City of Saint Paul,
3 Office of LIEP, by either the applicant or the Commissioner of the Minnesota Department of
4 Revenue,
5
6
7 NOW THEREFORE BE IT RESOLVED, that the licenses held by Phoenix flight Inc,
8 d/b/a Club Metro at 733 Pierce Butler Route, to wit: On-Sale Liquor - A, Sunday On-Sa1e
9 Liquor, Gambling Location - A, and Restuarnat - B, be and hereby are suspended effective
10 and will not be reinstated until such time as the City of Saint Paul has
11 received a ta�c clearance certificate from the Commissioner of the Minnesota Department of
12 Revenue, and has given written notice to the establishment of lifting of the suspension.
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Form Approved by City Attorney
Adopted by Co . Dat
Adoption C rtified by C ci S cretary By: -1�/ �
BY� /�` � Approved by Mayor for Submission to
Approved by Mayor: Date �� LC �� Council
By: �� �C _`����� BY�
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IL DATE INITIATED O
cz�r couNCZL �o�z6�96 �REEN SH.EET N_ 3 6 4 6 3
�' �DEPAHTMENT DIRECT�OR ITIAUOATE ❑CITY COUNCIL INITIAIJDATE
Councilmember Blakey 266-8610 � �CITYATTORNEY �CITYCLERK
NCIL NDA BY( ) ��R� �BUOQET DIRECTOR �FlN.i MOT.SERVICEB DIR,
October 23, 1996 °�" �"""�'�ORi�'�""n ❑ �
TOTAL#E OF SK3NA'ftJRE PAO�$ ' • (CL1P ALL LOC�TIONS FOR SIONATURE)
�an n�srEO:
Suspending licenses held by Phoenix Flight Inc.,, .dba Club Metro, 733 Pierce $utler Route,
for delinquent taxes owed to the State of Minnesota.
qECOMMENDATIONB:Approw(A)a R�x(R) PERSONAL SERVICE CONTRACTS MUST ANdWER THB FOLLOWINQ flUEST10N8:
_PIANNINO COkIM18S10N.. �CIVIL�ERVICE COA�IMIBSION 1. Has thls psnonRirm 9Ver worked under e cOntrect fa thl��I�tlt?
_GB COAAMtTTEE _ YES NO
2. Has thb penoNfirm ever bsen a clty empbyee4
—�� — ° YES NO
_o1STRICT COURT _ 3. Doss this parsoMfi►m possess a skNl not nonnaly P��'Y�Y�+��Y e���
BuPPORTS wN�N COUNCIL oBJECTIVE7 YES NO
Explaln all yN answ�rs on Np�nt��M�t�nd tlt�oh M�n�n sM�t
MIITIATINO PROB�A.188UE.OPP�RTUNITY(Who.Whtl.Wh�n.VVhere.WhY):
ADNANTAflE81F APPROYED:
DISADVAPITAQE8IF APPROY�D:
D18ADVANT71OE8 IF NCT APPROVED:
TOTAI AMOUNT OF TRANSACTION S CO$TAREVENUE BUDOETED(CIRCLE ONE) YES NO
FYNDIHG sOURCE ACTIVITY NUMBER
FlNANCIAL INF�IMATION:(EXPLAIN)
MINNESOTA Department'of Revenue � (,_ �3 3�
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T0: CITY OF ST. PAUL KATHRYN E GAFFNEY
ATTN: LICENSING
350 ST. PETER ST #300
LOWRY PROFESSIONAL BLDG 5151 17TH AVE S
ST. PAUL , MN 55102 MINNEAPOLIS , MN 55417-1213
Identification Number� 476-80-2447-00
NAME OF LICENSE : ION LICENSE
LICENSE NUMBER : 18292
LICENSE RENEWAL DATE : 96
LICENSE HOLDER(S) : KATHRYN GAFFNEY AND/OR
PHOENIX FLIGHT INC
NOTICE OF REVOCATION OF LICENSE
Please be advised that the above named taxpayer has an outstanding
liability and under Minnesota Statute 270 . 72 and/or 16D. 08 subd . 2, you
must revoke the above named license within 30 days of this Notice .
Prior to this notification , the applicant was informed of the right to an
Administrative hearing . According to Minnesota Statute 270 . 72 and/or
16D. 08 subd . 2, no further hearings are necessary in this action.
Once the delinquency has been resolved , a Clearance Certificate will be
issued to the Licensing Authority with a copy sent to the License Holder.
If you have q uesti ons rega rd i ng revocati on of th i s 1 i cense , please call
(612) 215-1383.
Dated � 10/08/96 STATE OF MINNESOTA
COMMISSIONER OF REVENUE
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BY: NANCY PESEK
COLLECTION OFFICER
Collection Enforcement Unit
P. O. BOX 64447
SAINT PAUL , MN 55164
1596429-001 0000735061 LCREVOK2 0400
Ar�equal oyyortunity cmylrn�c:r TDD:(612)297-2996