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02-1106A�(�(�t��, � \V �.1V . �� SOO�Council File # �7.� �� GreenSheet# Zoesh�� RESOLUTION CTTY OF SAINT PAUL, MINNESOTA Presented B; Referred To G� 1 WHEREAS, adverse action was initiated against the licenses held by The Vintage, Inc. d/b/a 2 The Vintage for the premises located at 579 Selby Avenue in Saint Paul (License ID# 0030828) for a 3 lapse in liquor liability insurance from September 13, 2002 to September 16, 2002; and 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the presumptive penalty matrix contained in Saint Paul Legislative Code §409.26 ca11s for a ten-day suspension of the licenses for a first time violation of this nature; and WHEREAS, the insurance agent for the licensee testified at the public hearing that the licensee took all actions to renew the liquor liability insurance and that it was due to the liquor liabiliYy insut needing to be written with a new company, rather than being included with other coverages, which led to theinadvertentlapsein coverage;and WHEREAS, Saint Paul Legislauve Code §409.26 pernuts the City Council to deviate from the presump6ve penalty if it finds that there ue substantial and compelling reasons to do so, and the Council does find that 1) the fact that the lapse in liquor liability was not the fault of the licensee; 2) the fact that the licensee has had no other violations of this nature aze reasons to depart downwazd from the presumptive penalty; now therefore, be it RESOLVED, that the licenses held by The Vintage, Inc. d/b/a The Vintage for the premises located at 579 Selby Avenue in Saint Paul (License ID# 0030828) hereby suspended for a period of ten days, with �t _ of those days being stayed for a period of� months on the condition that .tHa�e�be no further violations related to liability insuranc��rsede�efadeekeF 0.r�t� Adoption BY� Appro ed By: by Council Secretary Mayor: � Requested by Department of; AdoptedbyCOUnciZ: Date��9'��.��Q'� B � h�- ��i...�' � DEPARTMENT/OFF[CE/COUNCII.: DATE INITIATED GREEN SHEET NO.: ZOOZHI � LIEP Nov 6, 2002 8 ��` ; CONTACT PERSON & PHONE: INITIALDATE pviTTill.�ppTE Virginia Palmer (266-8710) � _n�r,uz Dm. crrv covrrcn. �� MI7ST BE ON COUNCII, AGENDA BY (DATE7 �IC'N — CITY ATTORNEY _ CITY CLERK NUMBER ��CTAL SERV DII2. FINANCIAL SERV/ACCTG NOV. LO� LOOZ �18flilllg� FOR �YOR(ORASST.) _CIVII.SERVICECOMMISSION ROUTING ORDER � TOTAL # OF SIGNA'CURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) I ' ncriox �QUesz�n: Adverse action against the licenses held by The Vintage, Inc. d/b/a The Vintage, located at 579 Selby Avenue , RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONI'RACTS MUST ANSWER'1'fiE FOLLOWING - QUESTIONS: PI ANNING COMMISSION l. Has [his person/firm ever worked under a contract for [his department? ' CIB COMMITTEE Yes No CNII. SERVICE COMMISSION 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/finn possess a skill not nortnally possessed by any cu=rent ciTy employee2 Yes No � Explain all yes answers on separate sheet and attach to green sheet _ "ai. INITIATING PROBLEM, ISSiJE, OPPORTIJNIIS' (Who, What, When, Where, Why): ", The Vintage, Inc. d/b/a The Vintage, had a 4-day lapse in its liquor liability insurance � f,pL�'�fi �'�^�; ... _.; £'�... ... ��`', "�' C3 L.�ai� � g�= — -ADVANTAGES IF APPROVED: Council action necessary to impose penalty for violatiox�, and to enforce maintenance of liquor liability insurance , ' DISADVANTAGES IF APPROVED: None. ' DISADVANTAGES IF NOT APPROVED: � No penalty will be imposed for license violation. TOTAL AMOUNT OF TRANSACITON: $ COST/REVENUE BUDGETED: . � FUNDING SOL'RCE: ACTIVTCY NUMBER: .. �. FINANCIAL INFORMATION: (EXPLAI� I.\USERS�PANGBORM�ernsLen - alcoM1O1 mmpl B wpd CITY OF SAINT PAUL Randy C. Kel[y, Mayar November 7, 2002 OFFICE OF THE CITY ATTORNEY MarsuelJ. Cervanles, CityA[torney a a._��oc. CivilDivision 400 Ciry Hall Telephone: 65! 266-8710 ISit'urKelloggBlvd. Facsimi(e:651298-i679 Saint P¢ul, Minnuo[a 55102 NOTICE OF COUNCIL HEARING Owner/Manger The Vintage 579 Selby Avenue Saint Paui, MN 55102 RE: Licenses heid by The Vintage, Inc. d/b/a The Vintage for the premises located at 579 Seiby Avenue in Saint Paul License ID #: 0030828 Dear Sir/Madam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, November 20, 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 far their consideration. This is an uncontested hearing, in that the facts concerning the lapse in liquor liability insurance have been admitted to. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a 10-day suspension of your licenses. If you have any questions, please call me at 266-8710. V ery truly yours, � � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LIEP Nieeta Presley, Community Organizer, Aurora-St. Anthony Neighborhood Development Corp., 770 University Ave., St. Paul, MN 55104 AA-ADA-EEO Employer 01-�.0� UNCONTESTED LICENSE HEARING Licensee Name: The Vintage, Inc. d/b/a The Vintage Address: 579 Selby Avenue Council Hearing Date: Wednesday, November 20, 2002 Violation: Date of Violation Place: Lapse In Liquor Liability Insurance September 13 -16, 2002 licensed premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 10 Day Suspension of Licenses Attachments: 1. Proposed resolution 2. Notice of Violation 3. 9/26/02 fax from Tienne Otteson, Western Insurance Agency 4. 9/26/02 letter from Kristina Schweinler to licensee 5. License information AA-ADA-EEO Employer CITY OF SAINT PAUL Rnndy C. Kel(}', Mnyor October 17, 2002 Owner/Manger The Vintage 579 Selby Avenue Saint Paul, MN 55102 OFFICt ? THE CITY ATTORNEY Mnnuel J. Cervnrsles, CiryA[lorney fly.—�\�t. ciril Division 400City'Hn(1 Telephone:651266-87l0 IS«estKe[loggBlvd. Facsimi(e:651198-56/9 Snini Pmd, bfinnesom S.i 102 NOTICE OF VIOLATION RE: Licenses held by The Vintage, Inc. d/b/a The Vintage for the premises located at 579 Selby Avenue in Saint Paul License ID #: 0030828 Dear Sir/Madam: The Office of License Inspections and Environmental Protection (LIEP) has recommended adverse action a�ainst the licenses held by The Vintage, Inc. d/b/a The Vintage for the premises located at 579 Selby Avenue in Saint Paul. The basis for the recommendation is as follows: The Of£ce of LIEP received notice of a lapse in your liquor liability insurance for your establishment from September 13, 2002 through September 16, 2002. Additionally, your license fees are overdue. Although your insurance agent has indicated that the insurance lapse was not your error, Saint Paul Legislative Code §310.07 specifically indicates that the responsibility for maintaining insurance is that of the licensee, and that the act or omission of the agent is not a defense or justification. Therefore, since the £act of the lapse in insurance is not in dispute, you are not entitled to a fact hearing before an Administrative La�v Jud;e. You are, however, entitled to a hearing before the Saint Paul City Council to determine the appropriate penalty. The Office of LIEP will be askin� that your licenses be suspended until such time as the license fees are paid for the violation of delinquent fees. The presumpti�•e penalty for the insurance lapse, according to Saint Paul Legislative Code §409.26, is a ten-day suspension of your license, but the ultimate decision is up to the Council, which can deviate upward or downward if it finds substantial and compelling reasons to do so. AA-ADA-EEO Employer Page 2 The Vintage October 17, 2002 o>- ��o� Please contact my legal assistant Peter Pangbom to arrange a date for the public hearing before the City Council to discuss the appropriate penalties, if that is your choice. He can be reached at (651)266-8710. If you have any questions, I can also be reached at the same number. Sincerely, �/ ��-�:2 Virgin� Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Nieeta Presley, Community Organizer, Aurora-St. Anthony Neighborhood Development Corp., 770 University Ave., St. Paul, MN 55104 AA-ADA-EEO Employer oz-��o` STATE OF MINNESOTA CK�1�J��•L��u(.y�l/ ss. AFFIDAVIT OF SERVICE BY U.S. MAIL Karen M. Doumany, being first duly sworn, deposes and says that on the 18th day of October, 2002, at the City of Saint Paul, county and state aforemention, she served the attached Notice of Violation by depositing in the United States mail at said Ciry of Saint Paul, a true correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the following individual: Owner/Manager The Vintage 579 Selby Avenue Saint Paul, Minnesota 55102 �v �.�v i � . l,�t'V� Karen M. Doumany Subscribed and sworn to before me this 18th day of October, 2002. c--- .�/f I — No ary Public � .�� "� �s aoss�,R� �..,, ; g ,� P+C.Ad� ��unLIC-MiNNES07A ,�.+:• COMAAISSiON EY,PtP.<_"S Jp,Pi. 31, 2005 � SEP.26.2002 3�56PM WESTERN INS AG�NCY N0.210 P.1i1 O3.'��` Western Insurance Agency �.icElvs� #�� 1740121ce Street, Suite 200; St. Paul, MN 55113 Phone: (651) 459-4119 Sax: (G51)484-0507 pafe: September 26, 2002 Compatty: City of St. Paul LIEP Attn: T{ris Schvveinler From: Tienne M. Otteson VP T�'ax No.: 651-266-9124 Insured: The'Aintage Inc 1tL: T.iquor Liabil'tty Commants: The liquor liability had fio be placed �rith separate companq from the property and linbility coverage. The espiration date was 9/13/02. I was op yacafion and flie underwriEer did not include the liquor liability, onlq the property and comprehensive liability, as requesfed. When I retnrned on September 16, I found the error and had covernge placed immediately to bo effective At I2:01 on 9/17/02. The insurance company is not allowed to hacl.date co�verage. The Qolicy is now concurrent with the liquor licehso to espire 4l13/2003. This in no way was the fault of fhe Vintage. Piease contact me to discuss this. We rvould appreciate your consideraYion in this and would be happy to discuss this with the City Attorney. 5incerely, —c=�%" �-"iifi�G-J Tienne Otteson VP Western Insurattce Agency Cc: The Vintage �� a' � o�� OFFICE OF LICENSE, INSPECTTONS AND V�� v E:�VIRONMENTAL PROTECTfON Roger C Curfis, D7rectar CITY OF SAINT PAUL Randy C Kel[y, Mayor September 26, 2002 The Vintage Inc The Vintage 579 Se1by Avenue St Paul MN 55102 LOit'RYPROFESSIONALBLIILDING Telephoee: 65I-2G69090 350 St Peter Street, Suite 300 Facsimile: 657-Z66-9124 SainiPmJ,Minnesot¢55102-IS70 iYeb: vnvw.cistpaulmrcus/fiep Re: Liquor Liability Certificate of Insurance - Lapse in coverage Dear Licensee: After reviewing your Liquor License, our office has noticed that your Liquor Liability Insurance, policy #RTA3031150, expired September 13, 2002. Enclosed, please fmd a copy of a renewed certificate of insurance showing liquor liability coverage effecrive on September 17, 2002. Therefore, there is a lapse in liquor Iiability insurance coverage between September 13, 2002 through September 16, 2002. It will be necessary for you to send a replacement certificate of insurance cyith no lapse in coverage or a letter from you stating that you were not serving liquor during the dates not covered by your insurance certificate. Please send us a replacement certificate with no lapse in coverage or a statement ofnon- service by Mouday, September 30, 2002. A self-addressed City of Saint Paul envelope is enclosed for your convenience. If our office does not receive a response to this letter before Monday, September 30, this office will begin adverse action on your license due to the lapse in insurance coverage. You have the opportunity to appeal the City's decision through this proceeding. Also, please note, your business license has not yet been renewed. Your license expired September 13, 2002. Enciosed is your invoice for renewal. If you have any questions regarding this matter, please contact me at (651) 266-9110. Sincerely, �� Krisrina Schweinler LIEP Senior LicenseInspector KS/caa Enclosures AA - ADA - EEO Employer License Gm�ip Comments Text Licensee: THE VINTAGE INC �BA� THE VINTAGE License #: p030828 'IONM2002 Ol-�� 10l� 42002 No fees paid. Lapse not mvered. To CAO for adverse action. CAR 09/2fi2002 will be in on the �3th to pay license fees do not add any add'f late fees. He will contact Ins. agent re. Iapse in ins. mverage.KS. 09/26/2002 KS handdelivered letter to vnhage regarding lapse in liq liab ins coverage and deiinquent fees. kslpa 09/25/2002 Rec'd a Iiquor Iiability certifipte effective 9l17/2002 with a lapse in cove2ge (9/13/02 thru 9/16/02 are the lapse dates). LAB 09/20/20021 conhacted Dan today asking him to provide proof of Iiq liab ins. We do not have, on file, proof of liq Iiab ins insurance since 9/13. Dan states that he wili contact the ins agent today and have proof of ins faxed to us before the end of ihe day. caa 07/222002 Passed tobacco compliance check. SCS - 72/17YZOOt Paid $600.00 on 12/17/200'I Check#141�� MGS 12/O6/2001 $200.00 rcvd for cig sales violation.ES 11/30/200� NoSce of Unpaid Fine to Troy Dewitt for a$200 fine for sale of tabocco to a minor on 08/16/2001. Firte must be paid by 12/1TJ2001 or matter wiil be piaced Council agenda for suspension of tobacco Iicense. SCS 10/'15/200� Senifine letter ($200 due 11/9/01). LAB 10/15/2001 Congratulations letter sent for passing alcohoi compliance check. SCS 10l10/2001 CF Ot-1072 Fine of 5200.00 for the vioiation of the sale of tobacco or tobacco producfs on 08/30l2001 to a minor. SCS 09/26/2001 Passed DPS alcohol compliance check conducted by SPPD. SCS 09/26/2001 Notice of Council meeting from CAO. Scheduled for consent agenda on 10/10/2001 for sale of cigarettes to a minor. SCS 09/�92001 $50.00 rwd for tig sales violafion. AMW - 09/05/2001 Adopted with conditions 01-915 approving app forextension of service area to 3rd floor and upper balcony areas and Iiq lic upgrade from over 100 to Over 200. caa 08/30/200� Notice of Violatlon from CAO for sale of tobacco to a minor. $200 fine due 09N0/2001. CAR O8/30/200'I Letter from CAO to Gerk indicating that a$50 fine is d�e. CAR 08/28/2001 Passed tobacco compliance check. SCS 08/� 7/200� To CAO for adverse acGOn. CAR 8/16/2001 Failed tobacco compliance check. Clerk was Sarah Bu�lock, 5674 Arthur, Fridley, 55432. Rrst failure, $200 matrix penalty. CAR 07/31/2001 Leg Hrg sched: 08/16l01 at 1:30pm. caa 05/15/2001 Nofification response date O6/29/2001, notices mailed 05/15/2001; 92M & 38EM.JL 05/09/2001 letter rcvd requesting extension of service area to fhird Boor and baicony areas, and upgrade of liquor on sale from B to A. Per applicant, remodel of extended area will not be complete until September 200. ks/caa 07/12"2000 Passed tobacco compliance check. SCS 07/28l2000 2000-7% Liquor Discount applied to 2nd half. LAB 04/20/2000 $215.50 refund of '1999-7% Liquor Discount processed. PV #V-3303561. tA8 02/0&/2000 -'199&7% Liquor Discount applied to 2nd half - LAB 12/03/1999 Sent holiday party letter to Vice - LAB � 11/27l� 999 Received tetter requesfing holiday party 0'1/01l2000 after 1 am. To lA8 for processing. CAR 09/30/99 passed tobacco compliance check; 10/14/1999Ietter sent. SCS 03/30/1999 Passed check; no "unofficial' waming-DL 01/08/1999 1998-7°/, Liquor Discount Applied to 2nd 1/2 Liq Fee—KRD. 09N6/t998CongraWlafioasleltersent PJW 08/27l1998 Passed cigarette compliance check. PJW OS/04/1998 Waming NoGce Letter re liquor sates to minor mailed 05-04-98/JL. 09/75/1997 LU Sent To licensee Outlining Pro-Rated Fees Required To Change Exp Date Fd9N3/98 To 11/15/1998 To Coincide With The New Insurance Exp Date Per The Licensee. This Date Is Being Changed qqain Due To The Insurence Change Made By The Licensee. This Change Is Ok'D Per C.Rozek-Lap 00/00/�997-7 /a Disc Requirement Met-Krd-Lic. 02/27/�997 Exp Date Chan9ed Fr 06/26/1997 To 09N3l1997 To Coincide W/lnsurance Md Actua� Opening Per Kris Schweinler—Lap-Lic. OS/2811996 Appn For Patio W id Over To 09/04/1996. 0 9/04/1996 Appn For Patio Appd C.F. #96-913. 08/07!1996 Appn For Patio Service Lic. Laid Over To 08I28/1996. 08/07/1996 Appn For New Cig, Entertainment-A, Sunday Liquor, On Sale-B, Md Res48 App'D Cf #96-898. Ph Notices Maiied 06/26/1996 Hearing Set For 08/07/t996 �23 Mailed, 47 Emailed, 3 Interotfice. ��,_�voc. �y�� rypK t' wapvlr t^ �iCansec r uiwmrciei r A� �reet f. � SheGNe� Y Sqsd' Type 'Wl' ...�_. �. 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