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01-747ORIG(NAL RESOLUTION Council File # O 1— � y� Green Sheet # � 03 a(.(. 1 RESOLVED, that tl�e Grocery (C) and Cigarette/Tobacco Licenses held by Almied 2 Abrahim, d/b/a Mona's for the premises located at 920 Selby Avenue in Saint Paul, aze hereby 3 suspended based upon the failure of the building in which the premises aze located to have a 4 valid certificate of occupancy. 6 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 7 contained in the ALJ Report in this case, dated May 21, 2001, are espressly ratified and adopted 8 as the written findings and conclusions of the Council in this matter, and the recommendation of 9 the ALJ is amended and the licenses held are suspended until such time as the certificate of 10 occupancy has been reinstated and the licensee has received notice from the Office of License, 11 12 13 14 15 16 17 18 Inspections and Environmental Protection that the suspension has been lifted. This Resolution is based upon the record of the proceedings before the ALJ, including the hearing on May 3, 2001, the documents and e�ibits introduced therein, and the deliberations of Council in open session on June 27, 2001. A copy of this Resolution, as adopted shall be sent by first class mail to the Administrative Law Judge and to Aluned Abrahim. Requested by Department of: BY: C�-�,�� Form Approved by City Attorney By: Approved by Mayor for Submission to Cossncil Sy: � _� By. Approved by Mayor: Date ��`I� / � By li� / � CITY OF SAINT PAUL, NIINNESOTA �S Adopted by Council: Date rJ�S a�'O � Adoption Certified by Counci Sec ary OFFICE oF LIEP Date: GREEN SHEET Virginia Palmer July il, 2ooi 266-8710 No . 103266 a � �� 1 SPART[�+NT DIRHCfOR ITY CODNCIL � 2 ITY ATTORNEY ITY QERY. r�sra ust be on Council Age by: � �T n�xscrox IN. E MGf. SVC. DIR. �• ° G�S �WY1Ser 3 YOR <OR ASSISTANP) OT # OF SIG TIIRE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQi7ESTED: resolution suspending the Grocery (C) and Cigarette/Tobacco Licenses held by med Abrahim, d.b.a. Mona's, located at 920 Selby Avenue, for failure of the uilding in which the premises are located to have a valid certificate of occupancy. COrP�1DATIONS: APPROVE (A) OR REJHCT (R) SRSONAL SSRVICS CONTAACTS MUST ANSi78R TH& FOLLOWING: PLANNING CoMMISSI�N CIVIL SE&vIC6 C�FIMISSION 1. Has the pexson(fixm evex woxked under a corttxact for this depaxtment? CIH COMhIITTS& BUSINSSS R%VIEW COUNCZL YES NO STAFP _ Has this person/fism ever been a City employee? ➢ISIRICT COURT YES I30 3. Does this person/firni possess a ski11 not normally possessed by any PPORTS WHICH COUNCIL OHJECTIV&? QirYent City employee? Y&S NO laia all YSS answera oa a sepazate aheet aad aitach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): r � �g�;2S VANTAGES IF APPROVED: .��L & � 2�� ISADVANTAGES IF APPROVED: �� &� cgpr.dPnt"v ,� Ee �vo ISADVANTAGES IF NOT APPROVED: _ •' �� `Z a <y TOTAL AMOUNT OF TRANSACTTON S COST/REVENiJE BUDGETEL3r�YES � NO -- y- �..- �,�, FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATIORNEy �, ��1 Clayton M. Robinsors, Jr., Ciry Aitorney Sg � CITY OF SAINT PAUL Nona Co7eman, Mayor Civi( Division 400 City Hal! IS Wut KelloggBlvd. Sairsi P¢u1, Minnesota 55102 Telephone: 651 266-87! 0 Facsimile: 65! 298-5679 May 23, 2001 p. w�� :'1 l.tY' x �Pe!'... �� ,,R A� � `. :;: 1VOTICE OF COUNCIL HEARING Steven P. Lundeen Lundeen Law Offices 200 Kannel Square 2942 Pillsbury Avenue South Minneapolis, Minnesota 55408 RE: Grocery (C) and Cigarette/Tobacco Licenses held by Abdulhadi Abrahim dlbla Mona's for the premises located at 920 Selby Avenue in Saint Paul License ID #: 19980006796 Deaz Mr. Lundeen: Please take natice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, June 27, 2041, inthe City Council Chambers, Third Fioor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportuniTy to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the councii at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record ofthe proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, �� i� � �Y��!?P,!/ Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretazy, 310 City Hall Christine Rozek, LIEP Geri Layman, Esecutive Director, Suminit-University PIanning Council, 627 Selby Ave., St. Paul, MN 55104 May 21, 2001 STATE OF MINNESOTA OFFICE OR ADNiINISTRATTVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South MinneapoVis, Minnesota 55401-2138 Fred Owusu, City Clerk City of St. Paul 170 City Hall , 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Mr. Owusu: O t 1�'i Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing which w+ll be duplicated and sent to you under separate cover. Our file in this matter is now being closed. Sincerely, �� I�Q�;��,(� BARBARA L. NE�LSON Administrative Law Judge Telephone: 612/341-7604 BLN:aws Enclosures cc: Virginia D. Palmer, Assistant City Attorney Steven P. Lundeen, Attorney at Law � E� �� MAY 2 � r:�� ITY ATTORNEY Providing Impar[ial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (6t2) 341-7346� Fax IVo. (6i2) 349-2665 o � �y� 11-6020-14241-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In the Matter of the Grocery (C) and Cigarette/Tobacco Licenses held by FINDINGS OF FACT, Ahmed ibrahim d/b/a Mona's for the CONCLUSIONS, AND premises located at 920 Selby Avenue in RECOMMENDATION St. Paul, License No. 19980006796 The above-entitled matter came on for hearing before Administrative Law Judge Barbara L. Neilson serving as hearing o�cer for the St. Pau{ City Councii on May 3, 2001, at 9:30 a.m. in Room 220 of the St. Paui City Hall. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keliogg Blvd., St. Paul, MN 55102, appeared on behalf the St. Paul Office of License, Inspections and Environmental Protection (LIEP). Steven P. Lundeen, Attorney at Law, Lundeen Law O�ces, 200 Karmel Square, 2942 Pillsbury Avenue South, Minneapolis, Minnesota 55408, appeared on behalf of Ahmed Ibrahim d/b/a Mona's. The record in this matter ciosed at the conclusion of the hearing on May 3, 2001. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the licensee an opportunity to present oral or written argument to the City Council before it takes finai action. Parties should contact the St. Paui City Councii to determine the procedure for presenting argument. STATEMENT OF ISSUE Should the St. Pau( City Council take adverse action against the grocery and cigarette/tobacco licenses held by the Licensee on the grounds that the certificate of occupancy for the licensed premises has been revoked? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The City of Saint Paul has issued Grocery (C) and Cigarette/Tobacco licenses to Abdulhadi Abrahim d/b/a Mona's for leased O \=�`��1 premises located at 920 Selby Avenue, St. Paul. These licenses are now held by Ahmed Ibrahim, who is the son of Abdulhadi Abrahim.� 2. On or about December 21, 2000, the building containing Mona's located at 920 Selby Avenue was inspected for renewal of the Certificate of Occupancy. Numerous deficiencies were noted in an inspection report dated December 27, 2000, and the City determined that the building "is not being maintained to property maintenance standards or safety code." By letter dated December 27, 2Q00, the City's Department of Fire and Safety Services, Division of Fire Inspection, notified Edward Hayes (the registered owner of the premises at that time) that it had become necessary to revoke the Certificate of Occupancy for the buifding. The Certificate of Occupancy was, in fact, revoked for the reasons set forth in the inspection report? 3. On March 1, 2001, the Assistant City Attorney issued a Notice of Violation letter to Abdulhadi Abrahim. The letter indicated that LIEP had recommended adverse action against the ficenses held by Abdulhadi Abrahim d/b/a Mona's for the premises located at 920 Selby Avenue in St. Paul because the Certificate of Occupancy was revoked on December 27, 2000. The letter noted that, pursuant to the Saint Paul Legislative Code, it is a basis for adverse action if the premises occupied by the licensed business do not comply with applicable health, housing, fire, zoning and building codes and regulations. The letter directed Mr. Abrahim to notify the City if these facts were disputed and stated that, in that event, an evidentiary hearing before an Administrative Law Judge would be scheduled 3 When the City did not receive any response to the March 1, 2001, letter, it notified the Licensee by letter dated March 21, 2001, that the matter had been scheduled for consideration by the City Council on April 11, 2001, as an uncontested matter. 4. Counsel for the Licensee sent the Assistant City Attorney a letter dated March 23, 2001, in which he indicated that Abdulhadi Ibrahim never received the March 1, 2001, Notice of Violation letter from the City, and requested that the matter be removed from the consent agenda and be set for an evidentiary hearing before an Administrative Law Judge. The letter further indicated that Mr. Ibrahim had corrected all of the items in the inspection report deafing with fiis tenancy and was requesting another inspection 5 The Assistant City Attorney thereafter removed the matter from the consent agenda and afforded the Licensee the opportunity to arrange a date for an administrative hearing. � Ex. 2; Stipulation of the Parties. 2 Ex. 1; Stipulation of the Parties. ' Ex. 3. ° Ex. 4. 5 Ex. 5. 6 Ex. 6. 2 o � ��►� 5. The building located at 920 Setby Avenue was reinspected in April of 2001 at the request of Stacy Robinson, the new owner of the building. At that time, a number of items on the December 27, 2000, inspection report list stiil needed to be corrected � 6. On April 6, 2001, the City issued a Notice of Hearing regarding adverse action against the licenses. The Notice of Hearing scheduled the hearing for May 3, 2001. 7. The Certificate of Occupancy for the licensed premises has not been reinstated. No Certificate of Occupancy would be issued with respect to the premises as they were as of the day of hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and Saint Paul Legislative Code §§ 310.05 and 310.06. 2. The City of St. Paul has given proper notice of the hearing in this matter and has fuffilled ail relevant substantive and procedural requirements of law and rule. 3. Section 310.06(b)(3) of the Saint Paul Legislative Code provides that the City Council is authorized to take adverse action against licenses or permits if "the premises which are licensed or which are to be licensed do not comply with applicabie health, housing, fire, zoning and building codes and regulations." 4. The parties have stipulated that the Certificate of Occupancy for the licensed premises has been revoked and not reinstated. The Certificate of Occupancy was revoked based in part upon the determination of the City's Department of Fire and Safety Services that the building "is not being maintained to property maintenance standards or safety code." Based upon the foregoing Conclusions, the Administrative Law Judge makes the foliowing: ' Stipulation of the Parties. 8 Ex. 7. 3 o � -�y� RECOMMENDATfON IT IS HEREBY RESPECTFULLY RECOMMENDED: that City Council revoke the grocery and cigarette/tobacco licenses the Saint Paul held by Ahmed Ibrahim for the premises located at 920 Selby Avenue in Saint Paul. Dated: May 21, 2001 3 .,,.,.ti-�,... � . �:,,.,QS-�.,,. BARBARA L. NEILSON Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE The City is respectfully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. MEMORANDUM The parties stipulated that the Certificate of Occupancy for the building in which Mona's is located was revoked in December of 2000 for the reasons specified in the inspection report and that the Certificate of Occupancy has not been reinstated. The parties further stipulated that, based on the condition of the building as of the day of the hearing, it would not be appropriate to issue a Certificate of Occupancy. It is clear under the Saint Paul Legislative Code that the City Council is authorized to take adverse action against licenses or permits if "the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and buiiding codes and regulations." Accordingly, if the new owner of the building has not taken appropriate action to correct the deficiencies and have the Certificate of Occupancy re-issued, it is recommended that the City take adverse action against the licenses heid by Mr. ibrahim. B.L.N. � ORIG(NAL RESOLUTION Council File # O 1— � y� Green Sheet # � 03 a(.(. 1 RESOLVED, that tl�e Grocery (C) and Cigarette/Tobacco Licenses held by Almied 2 Abrahim, d/b/a Mona's for the premises located at 920 Selby Avenue in Saint Paul, aze hereby 3 suspended based upon the failure of the building in which the premises aze located to have a 4 valid certificate of occupancy. 6 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 7 contained in the ALJ Report in this case, dated May 21, 2001, are espressly ratified and adopted 8 as the written findings and conclusions of the Council in this matter, and the recommendation of 9 the ALJ is amended and the licenses held are suspended until such time as the certificate of 10 occupancy has been reinstated and the licensee has received notice from the Office of License, 11 12 13 14 15 16 17 18 Inspections and Environmental Protection that the suspension has been lifted. This Resolution is based upon the record of the proceedings before the ALJ, including the hearing on May 3, 2001, the documents and e�ibits introduced therein, and the deliberations of Council in open session on June 27, 2001. A copy of this Resolution, as adopted shall be sent by first class mail to the Administrative Law Judge and to Aluned Abrahim. Requested by Department of: BY: C�-�,�� Form Approved by City Attorney By: Approved by Mayor for Submission to Cossncil Sy: � _� By. Approved by Mayor: Date ��`I� / � By li� / � CITY OF SAINT PAUL, NIINNESOTA �S Adopted by Council: Date rJ�S a�'O � Adoption Certified by Counci Sec ary OFFICE oF LIEP Date: GREEN SHEET Virginia Palmer July il, 2ooi 266-8710 No . 103266 a � �� 1 SPART[�+NT DIRHCfOR ITY CODNCIL � 2 ITY ATTORNEY ITY QERY. r�sra ust be on Council Age by: � �T n�xscrox IN. E MGf. SVC. DIR. �• ° G�S �WY1Ser 3 YOR <OR ASSISTANP) OT # OF SIG TIIRE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQi7ESTED: resolution suspending the Grocery (C) and Cigarette/Tobacco Licenses held by med Abrahim, d.b.a. Mona's, located at 920 Selby Avenue, for failure of the uilding in which the premises are located to have a valid certificate of occupancy. COrP�1DATIONS: APPROVE (A) OR REJHCT (R) SRSONAL SSRVICS CONTAACTS MUST ANSi78R TH& FOLLOWING: PLANNING CoMMISSI�N CIVIL SE&vIC6 C�FIMISSION 1. Has the pexson(fixm evex woxked under a corttxact for this depaxtment? CIH COMhIITTS& BUSINSSS R%VIEW COUNCZL YES NO STAFP _ Has this person/fism ever been a City employee? ➢ISIRICT COURT YES I30 3. Does this person/firni possess a ski11 not normally possessed by any PPORTS WHICH COUNCIL OHJECTIV&? QirYent City employee? Y&S NO laia all YSS answera oa a sepazate aheet aad aitach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): r � �g�;2S VANTAGES IF APPROVED: .��L & � 2�� ISADVANTAGES IF APPROVED: �� &� cgpr.dPnt"v ,� Ee �vo ISADVANTAGES IF NOT APPROVED: _ •' �� `Z a <y TOTAL AMOUNT OF TRANSACTTON S COST/REVENiJE BUDGETEL3r�YES � NO -- y- �..- �,�, FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATIORNEy �, ��1 Clayton M. Robinsors, Jr., Ciry Aitorney Sg � CITY OF SAINT PAUL Nona Co7eman, Mayor Civi( Division 400 City Hal! IS Wut KelloggBlvd. Sairsi P¢u1, Minnesota 55102 Telephone: 651 266-87! 0 Facsimile: 65! 298-5679 May 23, 2001 p. w�� :'1 l.tY' x �Pe!'... �� ,,R A� � `. :;: 1VOTICE OF COUNCIL HEARING Steven P. Lundeen Lundeen Law Offices 200 Kannel Square 2942 Pillsbury Avenue South Minneapolis, Minnesota 55408 RE: Grocery (C) and Cigarette/Tobacco Licenses held by Abdulhadi Abrahim dlbla Mona's for the premises located at 920 Selby Avenue in Saint Paul License ID #: 19980006796 Deaz Mr. Lundeen: Please take natice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, June 27, 2041, inthe City Council Chambers, Third Fioor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportuniTy to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the councii at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record ofthe proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, �� i� � �Y��!?P,!/ Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretazy, 310 City Hall Christine Rozek, LIEP Geri Layman, Esecutive Director, Suminit-University PIanning Council, 627 Selby Ave., St. Paul, MN 55104 May 21, 2001 STATE OF MINNESOTA OFFICE OR ADNiINISTRATTVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South MinneapoVis, Minnesota 55401-2138 Fred Owusu, City Clerk City of St. Paul 170 City Hall , 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Mr. Owusu: O t 1�'i Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing which w+ll be duplicated and sent to you under separate cover. Our file in this matter is now being closed. Sincerely, �� I�Q�;��,(� BARBARA L. NE�LSON Administrative Law Judge Telephone: 612/341-7604 BLN:aws Enclosures cc: Virginia D. Palmer, Assistant City Attorney Steven P. Lundeen, Attorney at Law � E� �� MAY 2 � r:�� ITY ATTORNEY Providing Impar[ial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (6t2) 341-7346� Fax IVo. (6i2) 349-2665 o � �y� 11-6020-14241-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In the Matter of the Grocery (C) and Cigarette/Tobacco Licenses held by FINDINGS OF FACT, Ahmed ibrahim d/b/a Mona's for the CONCLUSIONS, AND premises located at 920 Selby Avenue in RECOMMENDATION St. Paul, License No. 19980006796 The above-entitled matter came on for hearing before Administrative Law Judge Barbara L. Neilson serving as hearing o�cer for the St. Pau{ City Councii on May 3, 2001, at 9:30 a.m. in Room 220 of the St. Paui City Hall. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keliogg Blvd., St. Paul, MN 55102, appeared on behalf the St. Paul Office of License, Inspections and Environmental Protection (LIEP). Steven P. Lundeen, Attorney at Law, Lundeen Law O�ces, 200 Karmel Square, 2942 Pillsbury Avenue South, Minneapolis, Minnesota 55408, appeared on behalf of Ahmed Ibrahim d/b/a Mona's. The record in this matter ciosed at the conclusion of the hearing on May 3, 2001. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the licensee an opportunity to present oral or written argument to the City Council before it takes finai action. Parties should contact the St. Paui City Councii to determine the procedure for presenting argument. STATEMENT OF ISSUE Should the St. Pau( City Council take adverse action against the grocery and cigarette/tobacco licenses held by the Licensee on the grounds that the certificate of occupancy for the licensed premises has been revoked? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The City of Saint Paul has issued Grocery (C) and Cigarette/Tobacco licenses to Abdulhadi Abrahim d/b/a Mona's for leased O \=�`��1 premises located at 920 Selby Avenue, St. Paul. These licenses are now held by Ahmed Ibrahim, who is the son of Abdulhadi Abrahim.� 2. On or about December 21, 2000, the building containing Mona's located at 920 Selby Avenue was inspected for renewal of the Certificate of Occupancy. Numerous deficiencies were noted in an inspection report dated December 27, 2000, and the City determined that the building "is not being maintained to property maintenance standards or safety code." By letter dated December 27, 2Q00, the City's Department of Fire and Safety Services, Division of Fire Inspection, notified Edward Hayes (the registered owner of the premises at that time) that it had become necessary to revoke the Certificate of Occupancy for the buifding. The Certificate of Occupancy was, in fact, revoked for the reasons set forth in the inspection report? 3. On March 1, 2001, the Assistant City Attorney issued a Notice of Violation letter to Abdulhadi Abrahim. The letter indicated that LIEP had recommended adverse action against the ficenses held by Abdulhadi Abrahim d/b/a Mona's for the premises located at 920 Selby Avenue in St. Paul because the Certificate of Occupancy was revoked on December 27, 2000. The letter noted that, pursuant to the Saint Paul Legislative Code, it is a basis for adverse action if the premises occupied by the licensed business do not comply with applicable health, housing, fire, zoning and building codes and regulations. The letter directed Mr. Abrahim to notify the City if these facts were disputed and stated that, in that event, an evidentiary hearing before an Administrative Law Judge would be scheduled 3 When the City did not receive any response to the March 1, 2001, letter, it notified the Licensee by letter dated March 21, 2001, that the matter had been scheduled for consideration by the City Council on April 11, 2001, as an uncontested matter. 4. Counsel for the Licensee sent the Assistant City Attorney a letter dated March 23, 2001, in which he indicated that Abdulhadi Ibrahim never received the March 1, 2001, Notice of Violation letter from the City, and requested that the matter be removed from the consent agenda and be set for an evidentiary hearing before an Administrative Law Judge. The letter further indicated that Mr. Ibrahim had corrected all of the items in the inspection report deafing with fiis tenancy and was requesting another inspection 5 The Assistant City Attorney thereafter removed the matter from the consent agenda and afforded the Licensee the opportunity to arrange a date for an administrative hearing. � Ex. 2; Stipulation of the Parties. 2 Ex. 1; Stipulation of the Parties. ' Ex. 3. ° Ex. 4. 5 Ex. 5. 6 Ex. 6. 2 o � ��►� 5. The building located at 920 Setby Avenue was reinspected in April of 2001 at the request of Stacy Robinson, the new owner of the building. At that time, a number of items on the December 27, 2000, inspection report list stiil needed to be corrected � 6. On April 6, 2001, the City issued a Notice of Hearing regarding adverse action against the licenses. The Notice of Hearing scheduled the hearing for May 3, 2001. 7. The Certificate of Occupancy for the licensed premises has not been reinstated. No Certificate of Occupancy would be issued with respect to the premises as they were as of the day of hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and Saint Paul Legislative Code §§ 310.05 and 310.06. 2. The City of St. Paul has given proper notice of the hearing in this matter and has fuffilled ail relevant substantive and procedural requirements of law and rule. 3. Section 310.06(b)(3) of the Saint Paul Legislative Code provides that the City Council is authorized to take adverse action against licenses or permits if "the premises which are licensed or which are to be licensed do not comply with applicabie health, housing, fire, zoning and building codes and regulations." 4. The parties have stipulated that the Certificate of Occupancy for the licensed premises has been revoked and not reinstated. The Certificate of Occupancy was revoked based in part upon the determination of the City's Department of Fire and Safety Services that the building "is not being maintained to property maintenance standards or safety code." Based upon the foregoing Conclusions, the Administrative Law Judge makes the foliowing: ' Stipulation of the Parties. 8 Ex. 7. 3 o � -�y� RECOMMENDATfON IT IS HEREBY RESPECTFULLY RECOMMENDED: that City Council revoke the grocery and cigarette/tobacco licenses the Saint Paul held by Ahmed Ibrahim for the premises located at 920 Selby Avenue in Saint Paul. Dated: May 21, 2001 3 .,,.,.ti-�,... � . �:,,.,QS-�.,,. BARBARA L. NEILSON Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE The City is respectfully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. MEMORANDUM The parties stipulated that the Certificate of Occupancy for the building in which Mona's is located was revoked in December of 2000 for the reasons specified in the inspection report and that the Certificate of Occupancy has not been reinstated. The parties further stipulated that, based on the condition of the building as of the day of the hearing, it would not be appropriate to issue a Certificate of Occupancy. It is clear under the Saint Paul Legislative Code that the City Council is authorized to take adverse action against licenses or permits if "the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and buiiding codes and regulations." Accordingly, if the new owner of the building has not taken appropriate action to correct the deficiencies and have the Certificate of Occupancy re-issued, it is recommended that the City take adverse action against the licenses heid by Mr. ibrahim. B.L.N. � ORIG(NAL RESOLUTION Council File # O 1— � y� Green Sheet # � 03 a(.(. 1 RESOLVED, that tl�e Grocery (C) and Cigarette/Tobacco Licenses held by Almied 2 Abrahim, d/b/a Mona's for the premises located at 920 Selby Avenue in Saint Paul, aze hereby 3 suspended based upon the failure of the building in which the premises aze located to have a 4 valid certificate of occupancy. 6 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 7 contained in the ALJ Report in this case, dated May 21, 2001, are espressly ratified and adopted 8 as the written findings and conclusions of the Council in this matter, and the recommendation of 9 the ALJ is amended and the licenses held are suspended until such time as the certificate of 10 occupancy has been reinstated and the licensee has received notice from the Office of License, 11 12 13 14 15 16 17 18 Inspections and Environmental Protection that the suspension has been lifted. This Resolution is based upon the record of the proceedings before the ALJ, including the hearing on May 3, 2001, the documents and e�ibits introduced therein, and the deliberations of Council in open session on June 27, 2001. A copy of this Resolution, as adopted shall be sent by first class mail to the Administrative Law Judge and to Aluned Abrahim. Requested by Department of: BY: C�-�,�� Form Approved by City Attorney By: Approved by Mayor for Submission to Cossncil Sy: � _� By. Approved by Mayor: Date ��`I� / � By li� / � CITY OF SAINT PAUL, NIINNESOTA �S Adopted by Council: Date rJ�S a�'O � Adoption Certified by Counci Sec ary OFFICE oF LIEP Date: GREEN SHEET Virginia Palmer July il, 2ooi 266-8710 No . 103266 a � �� 1 SPART[�+NT DIRHCfOR ITY CODNCIL � 2 ITY ATTORNEY ITY QERY. r�sra ust be on Council Age by: � �T n�xscrox IN. E MGf. SVC. DIR. �• ° G�S �WY1Ser 3 YOR <OR ASSISTANP) OT # OF SIG TIIRE PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQi7ESTED: resolution suspending the Grocery (C) and Cigarette/Tobacco Licenses held by med Abrahim, d.b.a. Mona's, located at 920 Selby Avenue, for failure of the uilding in which the premises are located to have a valid certificate of occupancy. COrP�1DATIONS: APPROVE (A) OR REJHCT (R) SRSONAL SSRVICS CONTAACTS MUST ANSi78R TH& FOLLOWING: PLANNING CoMMISSI�N CIVIL SE&vIC6 C�FIMISSION 1. Has the pexson(fixm evex woxked under a corttxact for this depaxtment? CIH COMhIITTS& BUSINSSS R%VIEW COUNCZL YES NO STAFP _ Has this person/fism ever been a City employee? ➢ISIRICT COURT YES I30 3. Does this person/firni possess a ski11 not normally possessed by any PPORTS WHICH COUNCIL OHJECTIV&? QirYent City employee? Y&S NO laia all YSS answera oa a sepazate aheet aad aitach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): r � �g�;2S VANTAGES IF APPROVED: .��L & � 2�� ISADVANTAGES IF APPROVED: �� &� cgpr.dPnt"v ,� Ee �vo ISADVANTAGES IF NOT APPROVED: _ •' �� `Z a <y TOTAL AMOUNT OF TRANSACTTON S COST/REVENiJE BUDGETEL3r�YES � NO -- y- �..- �,�, FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATIORNEy �, ��1 Clayton M. Robinsors, Jr., Ciry Aitorney Sg � CITY OF SAINT PAUL Nona Co7eman, Mayor Civi( Division 400 City Hal! IS Wut KelloggBlvd. Sairsi P¢u1, Minnesota 55102 Telephone: 651 266-87! 0 Facsimile: 65! 298-5679 May 23, 2001 p. w�� :'1 l.tY' x �Pe!'... �� ,,R A� � `. :;: 1VOTICE OF COUNCIL HEARING Steven P. Lundeen Lundeen Law Offices 200 Kannel Square 2942 Pillsbury Avenue South Minneapolis, Minnesota 55408 RE: Grocery (C) and Cigarette/Tobacco Licenses held by Abdulhadi Abrahim dlbla Mona's for the premises located at 920 Selby Avenue in Saint Paul License ID #: 19980006796 Deaz Mr. Lundeen: Please take natice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, June 27, 2041, inthe City Council Chambers, Third Fioor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportuniTy to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the councii at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record ofthe proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, �� i� � �Y��!?P,!/ Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretazy, 310 City Hall Christine Rozek, LIEP Geri Layman, Esecutive Director, Suminit-University PIanning Council, 627 Selby Ave., St. Paul, MN 55104 May 21, 2001 STATE OF MINNESOTA OFFICE OR ADNiINISTRATTVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South MinneapoVis, Minnesota 55401-2138 Fred Owusu, City Clerk City of St. Paul 170 City Hall , 15 West Kellogg Blvd. St. Paul, MN 55102 Dear Mr. Owusu: O t 1�'i Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing which w+ll be duplicated and sent to you under separate cover. Our file in this matter is now being closed. Sincerely, �� I�Q�;��,(� BARBARA L. NE�LSON Administrative Law Judge Telephone: 612/341-7604 BLN:aws Enclosures cc: Virginia D. Palmer, Assistant City Attorney Steven P. Lundeen, Attorney at Law � E� �� MAY 2 � r:�� ITY ATTORNEY Providing Impar[ial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (6t2) 341-7346� Fax IVo. (6i2) 349-2665 o � �y� 11-6020-14241-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In the Matter of the Grocery (C) and Cigarette/Tobacco Licenses held by FINDINGS OF FACT, Ahmed ibrahim d/b/a Mona's for the CONCLUSIONS, AND premises located at 920 Selby Avenue in RECOMMENDATION St. Paul, License No. 19980006796 The above-entitled matter came on for hearing before Administrative Law Judge Barbara L. Neilson serving as hearing o�cer for the St. Pau{ City Councii on May 3, 2001, at 9:30 a.m. in Room 220 of the St. Paui City Hall. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keliogg Blvd., St. Paul, MN 55102, appeared on behalf the St. Paul Office of License, Inspections and Environmental Protection (LIEP). Steven P. Lundeen, Attorney at Law, Lundeen Law O�ces, 200 Karmel Square, 2942 Pillsbury Avenue South, Minneapolis, Minnesota 55408, appeared on behalf of Ahmed Ibrahim d/b/a Mona's. The record in this matter ciosed at the conclusion of the hearing on May 3, 2001. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the licensee an opportunity to present oral or written argument to the City Council before it takes finai action. Parties should contact the St. Paui City Councii to determine the procedure for presenting argument. STATEMENT OF ISSUE Should the St. Pau( City Council take adverse action against the grocery and cigarette/tobacco licenses held by the Licensee on the grounds that the certificate of occupancy for the licensed premises has been revoked? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The City of Saint Paul has issued Grocery (C) and Cigarette/Tobacco licenses to Abdulhadi Abrahim d/b/a Mona's for leased O \=�`��1 premises located at 920 Selby Avenue, St. Paul. These licenses are now held by Ahmed Ibrahim, who is the son of Abdulhadi Abrahim.� 2. On or about December 21, 2000, the building containing Mona's located at 920 Selby Avenue was inspected for renewal of the Certificate of Occupancy. Numerous deficiencies were noted in an inspection report dated December 27, 2000, and the City determined that the building "is not being maintained to property maintenance standards or safety code." By letter dated December 27, 2Q00, the City's Department of Fire and Safety Services, Division of Fire Inspection, notified Edward Hayes (the registered owner of the premises at that time) that it had become necessary to revoke the Certificate of Occupancy for the buifding. The Certificate of Occupancy was, in fact, revoked for the reasons set forth in the inspection report? 3. On March 1, 2001, the Assistant City Attorney issued a Notice of Violation letter to Abdulhadi Abrahim. The letter indicated that LIEP had recommended adverse action against the ficenses held by Abdulhadi Abrahim d/b/a Mona's for the premises located at 920 Selby Avenue in St. Paul because the Certificate of Occupancy was revoked on December 27, 2000. The letter noted that, pursuant to the Saint Paul Legislative Code, it is a basis for adverse action if the premises occupied by the licensed business do not comply with applicable health, housing, fire, zoning and building codes and regulations. The letter directed Mr. Abrahim to notify the City if these facts were disputed and stated that, in that event, an evidentiary hearing before an Administrative Law Judge would be scheduled 3 When the City did not receive any response to the March 1, 2001, letter, it notified the Licensee by letter dated March 21, 2001, that the matter had been scheduled for consideration by the City Council on April 11, 2001, as an uncontested matter. 4. Counsel for the Licensee sent the Assistant City Attorney a letter dated March 23, 2001, in which he indicated that Abdulhadi Ibrahim never received the March 1, 2001, Notice of Violation letter from the City, and requested that the matter be removed from the consent agenda and be set for an evidentiary hearing before an Administrative Law Judge. The letter further indicated that Mr. Ibrahim had corrected all of the items in the inspection report deafing with fiis tenancy and was requesting another inspection 5 The Assistant City Attorney thereafter removed the matter from the consent agenda and afforded the Licensee the opportunity to arrange a date for an administrative hearing. � Ex. 2; Stipulation of the Parties. 2 Ex. 1; Stipulation of the Parties. ' Ex. 3. ° Ex. 4. 5 Ex. 5. 6 Ex. 6. 2 o � ��►� 5. The building located at 920 Setby Avenue was reinspected in April of 2001 at the request of Stacy Robinson, the new owner of the building. At that time, a number of items on the December 27, 2000, inspection report list stiil needed to be corrected � 6. On April 6, 2001, the City issued a Notice of Hearing regarding adverse action against the licenses. The Notice of Hearing scheduled the hearing for May 3, 2001. 7. The Certificate of Occupancy for the licensed premises has not been reinstated. No Certificate of Occupancy would be issued with respect to the premises as they were as of the day of hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and Saint Paul Legislative Code §§ 310.05 and 310.06. 2. The City of St. Paul has given proper notice of the hearing in this matter and has fuffilled ail relevant substantive and procedural requirements of law and rule. 3. Section 310.06(b)(3) of the Saint Paul Legislative Code provides that the City Council is authorized to take adverse action against licenses or permits if "the premises which are licensed or which are to be licensed do not comply with applicabie health, housing, fire, zoning and building codes and regulations." 4. The parties have stipulated that the Certificate of Occupancy for the licensed premises has been revoked and not reinstated. The Certificate of Occupancy was revoked based in part upon the determination of the City's Department of Fire and Safety Services that the building "is not being maintained to property maintenance standards or safety code." Based upon the foregoing Conclusions, the Administrative Law Judge makes the foliowing: ' Stipulation of the Parties. 8 Ex. 7. 3 o � -�y� RECOMMENDATfON IT IS HEREBY RESPECTFULLY RECOMMENDED: that City Council revoke the grocery and cigarette/tobacco licenses the Saint Paul held by Ahmed Ibrahim for the premises located at 920 Selby Avenue in Saint Paul. Dated: May 21, 2001 3 .,,.,.ti-�,... � . �:,,.,QS-�.,,. BARBARA L. NEILSON Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE The City is respectfully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. MEMORANDUM The parties stipulated that the Certificate of Occupancy for the building in which Mona's is located was revoked in December of 2000 for the reasons specified in the inspection report and that the Certificate of Occupancy has not been reinstated. The parties further stipulated that, based on the condition of the building as of the day of the hearing, it would not be appropriate to issue a Certificate of Occupancy. It is clear under the Saint Paul Legislative Code that the City Council is authorized to take adverse action against licenses or permits if "the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and buiiding codes and regulations." Accordingly, if the new owner of the building has not taken appropriate action to correct the deficiencies and have the Certificate of Occupancy re-issued, it is recommended that the City take adverse action against the licenses heid by Mr. ibrahim. B.L.N. �