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02-1011Council File # �',+ \��V Green Sheet # 'a.p O Z � (� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA a� Connmittee: Date 1 2 3 4 5 6 7 8 9 10 11 RESOLVED, that the licenses held by M T Bears, Inc. d/b/a Billy T's Saloon (License ID Number 0019265) for the premises located at 1082 Arcade Street are hereby suspended immediately for failure to pay the 2" half of the 2002-03 liquor license fees. Said suspension shall be in effect untii such time as the license fees and any late charges or penalties have been paid in full and written notice of the lifting of said suspension has been provided to the licensee by the Office of License, Inspections and Environmental Protection. This Resolution and the action taken above aze based upon the facts contained in the September 20, 2002 Notice of Violation letter to the licensee. The licensee did not respond to the --- Notice. Requested by Department of: By: Mayor: By: Adopted by Council: Date ��ti ,(� .�e.1b o� Adoption �rtified by Council Secretary �,.�.�.��, r� ��.___. By: f DEPARTMENT/OFFICE/COUNCIL: DATE INTTIATED GREEN SHEET NO.' ZOOL7G LIEP OCYOUeT' 1 S, ZOOZ � O���°° \ CONTACT PERSON & PHONE: INTfIALDATE INIT7ALDATE Vuginia Palmer (266-8710) � nsrnirrna�r Dm crrv courrcu. MUST BE ON COUNCII, AGENDA BY (DATE) �IGn — CITY ATTORNEY _ CITY CLERK .�'i7�ER ��CIAL SERV DIl2. FiNANCIAL SERV/ACCTG November6 �2��2�COTISOIIt� FOR MAYOR(ORASST.) _CNII.SERVICECOMMISSION ROUTI�i'G ORDER TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGIVATURE) acnox �QuES�n: Adverse action against the licenses held by M T Bears, Inc. d/b/a Billy T's Saloon, located at 1082 Arcade Street REWMMENDAI'IONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNAIG COMMISSION 1. Has ihis person/firm ever worked under a contract for this departrnenC? CIB COMMITTEE Yes No CIVII, SERVICE COMMLSSION 2. Has this personJfirm ever been a ciry employee? Yes No 3. Does this person/filrn possess a skill not nom�ally possessed by any cuirent ciTy employee? Yes No Explain all yes answers on separate sheet and atfach to green sheet INITIATING PROBLEM, ISSUE, OPPOR7'IJNI1'Y (Who, What, When, Where, Why): M T Bears, Inc. d/b/a Billy T's Saloon, failed to pay send half of 2002-031iquor license fees. ADVANTAGES IF APPROVED: Council action necessary to impose penalty and enforce payment of license fees. DISADVANTAGES IF APPROVED: I�one. DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for license violation. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) !� ' F'-:��?;�'�" � i�tiw.�+.. +s. � F±+•^ 5 s*Y dF;�34 [\USERS�PANGBORM�eenshee[-licee�e&awpd `.' '"� � ` ' OFFICE OF THE CITY ATTORNEY Manuel J. Cervarttes, Ciry At7orney �'� ��� t� CITY OF SAINT PAUL c,��rDrv,sroR Rnndy C. Kel1y, Mayor 400 Ciry Ha11 Te(ephone: 651266-8710 IS West Kellogg Blvd. Facsimi[e: 651298-56l9 Saint Paul, Mirsnesata 55101 i October 15, 2002 NOTICE OF COUNCIL MEETING Owner/Manager Billy T's Saloon 1082 Arcade Street Saint Paul, Minnesota 55106 RE: All Licenses held by M T Bears, Inc., d/b/a Billy T's Saloon for the premises located at 1082 Arcade Street in Saint Paul License ID #: 0019265 Dear Sir/Madam: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, November 6, 2002 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter, in that the facts concerning the failure to pay the 2" half of your 2002-03 liquor license fees have not been denied. As indicated, this matter has been placed on the consent agenda portion of the City Council meeting, during which no public discussion is allowed. The recommendation of the license office will be for the immediate suspension of your license. If you have any questions, please call me at 266-8710. Very truly yours, � �/� %✓+L l%� �V �%� w � Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER oa-�o�� Licensee Name: Council Date: Violation: M T Bears, Inc. d/b/a Billy T's Saloon Wednesday, November 6, 2002 Failure to Pay 2" Half 2002-03 Liquor License Fees Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Immediate Suspension of All Licenses Attachments: 1. Proposed resolution 2. Notice of Violation 3. 9/3/02 Invoice 4. License information AA-ADA-EEO Employer OFFICE � fHE CITY ATTORNEY Manuel J. Cervantu, CiryAt(orney 0� �t� �� CITY OF SAINT PAUL Rnndy C. Kelly. Mayor Civil Division 400 Ciry Ha(1 I S West Kel/ogg B[vd. Snirtt Pnu1,lVfinnuota 5510? Telephane: 651 266-87! 0 Fncsiniile: 65! 198-5619 September 20, 2002 Owner/Manager Billy T's Saloon 1082 Arcade Street Saint Paul, Minnesota 55106 NOTICE OF VIOLATION RE: All Licenses held by M T Bears, Inc., d/b/a Billy T's Saloon for the premises located at 1082 Arcade Street in Saint Paul License ID #: 0019265 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the licenses referenced above. The basis foz the recommendation is as follows: The Office of LIEP sent an invoice for the second half of the 2002-031iquor license fees, which were due and payable by August 19, 2002. As of today's date no license or late fees have been paid. If you do not dispute the above facts, please send me a letter admitting that they are true. The matter will then be scheduled for a hearing before the Saint Paul City Council to determine what penalty, if any, is appropriate. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. The recommendation from the licensing office is for the immediate suspension of all licenses until all license fees and late fees have been paid in fuJl. You may also pay the sum to the Office of License, Inspections and Environmental Protection immediately to take care of this matter. If you wish to dispute the facts, you are entitled to an evidentiary hearin� before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearin� with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. AA-ADA-EEO Employer Page 2 Billy T's Saloon September 20, 2002 � ��\O �� Please let me know in writing no later than Monday September 30, 2002, how you wish to proceed. If you have not contacted me by Monday, September 30, 2002, I will assume that you are not contesting that the license fees have not been paid. I rvill then schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, J�k ����,�, � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave, St. Paul, MN 55101-3933 AA-ADA-EEO Employer O 3• -�� �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL 70ANNE G. CLEMENTS, being first duly swom, deposes and says that on September 23, 2002, she served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Billy T's Saloon 1082 Arcade Street St. Paul, MN. 55106 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. _ �, Subscribed and sworn to before me this 23rd day of S�tember, 2002. � •.� � y.':i• �>:� pE'�� Ft P !'&PiGHOR+�t NotaryPublic € ��,��g F�o?;,;t:�; � `����y' ?.+1 c.oa;, i�ss:ord EX�='t,� S Jk^i. 39, ZOD� b �. -�° �\ Invoice ❑ Check this box if making any name, mailing address or phone # corrections. Please write the changes on this form. If your business Iicense address is changing, please request a new husiness license application. September 3, 2002 CITY OF SAINT PAUL Office of License, Inspections & Environmental Protection 350 St. Peter Street, Suite 300 Saint Paul, MN 55102-�510 PHONE: (651)266-9090 FAX. (651) 266-9� 2a , AA-ADA-EEO Employer ' To: M T BEARS INC Invoice #: 324490 �i BILLYTSSALOON CONTACT: WILLIAM THOMPSON JR Invoice Due Date: Upon Recefpi � 1082 ARCADE ST ST PAUL MN 55906-2602 � Account Balance: $2,939.00 Pay this Amount: $2,939.00 I HOMEPHONE:651�87-9204BUSINESSPHONE:651-776-0505 '� Transaction Description Inv: 293034 19265 Liq On Sale - 100 seats or less (C) (Second Hal� @ 1082 ARCADE ST Inv: 316200 Late Fee 7-30 days late (10%) Inv: 318939 Late Fee 31-60 days late (10%) Inv: 322167 Late Fee 61-90 days late (10%) Late Fee 91-120 days late (10%) I Requirements Transaction Total 2,099 00 210 00 210 00 210.00 210.00 Invoice Amount Due: $2,939.00 Your account is overdue. Please mail payment today!! Pfease complete the toVlowing information for your Rrst Half renewal (disregard if invace is for the 2nd half payment) Company & DBA Names (if tlifferent than above): Business Phone #s (include fax, cell, & pager if applicable): Applicant Name, Date of Birth, Home Address, & Phone #'s: Manager Name, Date of Birth, Address & Phone #'s: Liquor is served in the following rooms: Signature & Title of Appiica�t: Submit with First Half payment oniy: 'State renewal cert�cate `Proof of current liquor liability insurance (expiration must coincide wiih your license ezpiration date) License.Group Comments Text Licensee: M T BEARS INC �BA� BILLYTSSALOON License #: 00�9265 09/0312002 oa-�o�� 09/03/2002 To CAO for license suspension. CAR 08/30/2002 Received Notice of License Revoca5on from the MN Dept Of Revenue, sent by Sharen Friichie - 651297-4055. Must revoke (suspend) this license within 30 days. CAR 08/�4/2002 Deliquent letter for 2nd half retumed by mail for new address - 390 N. Owasso Blvd. Resent letter to new address and Kris Schweinler also defivered copy to business address.JL 08/09/2002 Sent delinquent letter for 2nd half - must pay be OS/19/2002.JL 07/23/2002 3200 fine from Public Safety for buying and selling retail. Must request a hearing by 08/'12/2002. CAR 06/07/2002 Atl delinquent fees and penal6es paid.ES OS/22/2002 Notice of �olation from CAO recommending adverse action for failure to make paymentr according to the signed payment plan reached on 0�/24/2002. Recommendation is for immediate suspension of license unHl all Iicense fees and any late tees fiave been paid in fuli. Must respond by 06/03/2002. SCS 05/27/2002 Rich stopped to try to collect delinquent fees. Manager, Greg Demartino was to contact Rich to arrange payment. Greg has not done so. CAR OS/�7/2002 To CAO for adverse action. Compiaints received that bar has been abandoned by the owner. EH will check out complaints that water isn't available and that toilets do not work. Bar is delinquent, payments are not being made.$975 was due 04/15/2002. CAR 04l70/2002 Seni congratulations Ietter for passing alcohol compliance check on 03/25/2002. SS 04109/2002 NSF chedc #20�2 rcvd for $300.00. Totaf due is $315.00.ES 03/25/2002 Passed DPS alcohol compliance check conducted by SPPD. SS 03/22/2002 Rec'd $1,150.00 to pay for partial payment of Payment #1 and Payment #2. LAB 02/20/2002 Rec'd $500 for Payment #7. Payment was short $350.00. LAB 01/242002 Payment plan established. 3 payments of $850 due 2/�5/02, 3/15/02 & 4/15/02. LAB 1 �/19/2001 $585.00 rcvd for payment #2. (final payment) LAB 10/23l2001 $585.00 rcvd for payment #1. LAB 10/08/2001 Payment plan established. Two payments of $585.00 due 10/19/Ot 8 11/1g/Ot. LAB Owner ralled 7/9/01 he wili be in 7l12/01 to pay his 2nd half.KS. 04/70/200� Sent congratulations letter for passing alcohol compliance check. SS 03/23/2001 Passed DPS alcohol comp�iance check conducted by SPPD. SS 05718l2000 Sent congratufations lerier for 04i27/2000 Congratulations letter sent for passing alcohol compliance check. SS 03/30/2000 Passed UM alcohol compliance check conducted by SPPD/Reilly. SS 03/29/2000 alcohol compliance check. SS 03/29/2000 Passed UM alcohol compliance check conducted by SPPD Ramsfad/Reilly. SS 2/8/00 - 1999-7% Liquor Discount applied to 2nd half - LAB 8/11/99 - Received withdrawal of cancellation notice that policy is restored 8/10/99 - We received a cancellation of liquor liabiliry effec6ve 8/9/99. Kris hand delivered a ietter requesting repiacement liquor liability and advising no liquor should be served until reptacement coverage is received - LAB 4/26/99 - 1998-7% Liquor Discount applied to 2nd half - LAB 1/12/99 passed alcohot compliance check; no "unofficial" waming-DL 12/4/98 The DBA was changed from Pickles Sports Bar to Billy T's Saloon—KRD. 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