The URL can be used to link to this page

02-1158Council File # �'5.��\SY GreenSheet# �00'�Y� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA a� Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WF3EREAS, adverse action was initiated against the licenses held by Gehad A. Elfarra, d/b/a Kormann's Supermarket (I.icense ID# 20010000216) by Notice of Violation dated November 6, 2002 alleging that the Certificate of Occupancy for the building had been revoked; and WHEREAS, the Notice of Violation advised licensee of the right to a hearing on the allegations and requested a reply by November 18, 2002; and WHEEREAS, no response has been received by the City Attorney's Office or the Office of LIEP; now, therefore, be it RESOLVED, that the cigazette/tobacco and Grocery (C) licenses held by Gehad A. Elfana, d/b(a Kormann's Supermarket (License ID# 20010000216) are suspended until such time as the Certificate of Occupancy for the building has been reinstated and the Office of LIEP has given notice that the business may reopen. t DEPARTMENT/OFFICE/COUNCII.: DATE INITIATED GREEN SHEET No.• 200289 � LIEP Nov 27, 2002 ' fl� '\�5 Y CONTACI' PERSON & PHONE: INITIAUDATE INITT"1LDATE Virginia Palmer (266-8710) � DEPARTMENI' DIIL crrr covrrcu. MI7ST BE ON COUNCII. AGENDA BY (DA1'� �I '� — CITY ATCORNEY _ CITY CLERK FINANCIAL SERV DII2. FINANCIAI, SERV/ACCTG DeC 11 � LOOL �COIISBIIt� g MAYOR (OR ASST.) _ CML SERVICE COMMLSSION ROUTING ORDER TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) acnox �QuES�n: Adverse action against the licenses held by Gehad Elfarra, d/b/a Kormann's Super Market, located at 719 Burr Street � RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION 1. Has this person/firm ever worked under a contrac[ for [his department? CIB COMMIITEE Yes No CNII. SERVICE COMMISSION 2. Has this pereon/firm ever been a city employee7 Yes No 3. Does this person/firm possess a skill not nmmally possessed by any curzent ciry employee? Yes No Explain sll yes answers on separate sheet and attach to grceo sheet •, , „�r�h .o:�f4P INTTIATING PROBLEM, ISSUE, OPPORTONTLY (Who, What, When, Where, Why): � Licensee operating in locarion with revoked Certificate of Occupancy ��° _� ADVANTAGES IF APPROVED: Council action necessary to enforce the licensing requirements and health codes. DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: , No penalty will be imposed for failing to maintain business under requirements of licensing and health codes. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: NONDING SOURCE: ACTIVTfY NUMBER: FINANCIAL INFORMATION: (F.XPLAIN) i�\USERS�PANGBORN�gernsM1eec-sicolwl compl B.wpd OFFICE OF TIIE CITY ATTORNEY Manuel J. Cervantes, Ciry Attorney O�.�� CITY OF SAINT PAUL c,n1D,,,;s�oR Randy C. Kel[y, Mayor 400 City Hn71 l5 Wu� Kellogg Blvd. Saint Pnu1, Minnuota 55702 i November 27, 2002 NOTICE OF COUNCIL MEETING Gehad A. Elfarra Kormann's Supermazket 719 Burr Street Saint Paul, Minnesota 55101 Telephone: 651 266-87l0 Facsimile: 651198-5619 RE: Grocery (C) license held by Gehad Elfarra, d/b/a Kormann's Supermazket for the premises located at 719 Burr Street itt Saint Pau2 License #: 20010000216 Dear Mr. Elfarra: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, December 11, 2002 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enciosed 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 revocation of your Certificate of Occupancy 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 is for the immediate suspension of your licenses. If you have any questions, please call me at 266-8710. Very huly yours, `i��1u�� r�t3� Virginia�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 p�.��p- Licensee Name: Gehad A Elfarra d/b/a Kormann's Supermarket Address: Council Date: Violation: Place: 719 Burr Street Wednesday, December 11, 2002 Certificate of Occupancy revoked as ofi October 15, 2002 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Immediate Suspension of Licenses Attachments: 1. Proposed resolut'ion 2. Notice of Violation 3. License information 4. 10/15/02 Notice of Certificate of Occupancy Revocation AA-ADA-EEO Employer CITY OF SAINT PAUL n . Kelly, Ma}�or w� November 6, 2002 Gehad A. Elfarra Kormann's Supermuket 719 Burr Street Saint Paul, MN 55101 OFFIC� ..'r THE CITY ATTORNEY Mnnuel J. Cervantu, CityAtlorney r� y-��S 8' Civil Divisiors 400 Ciry Hnl1 Telephone: 65! 166-87l0 ISii'estKelloggB[vd. Fncsimile:651298-5679 Saint Pau(, Nfinnuotn 55/02 NOTICE OF VIOLATION RE: Licenses held by Gehad A. Elfana d/b/a Kormann's Supermarket for the premises located at 719 Burr Street in Saint Paul License ID #: 20010000216 Dear Mr. Elfarra: The Office of License, Inspections and Environmental Protection has recommended adverse action a�ainst the above-referenced licenses. The basis for the recommendation is as follows: On October 15, 2002 LIEP received notice from Saint Paul Fire Prevention that the Certificate of Occupancy for the building at 719 Burr Street has been revoked. Saint Paul Legislative Code §310.06(b)(3) permits adverse action if the license was issued in violation o f any of the provisions of the Zoning, Code, or the premises which are licensed do not comply with applicable hea(th, housing, fire, zoning and building codes and regulations. If you do not dispute the above facts please send me a letter �vith a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. The recommendation of the license office will be for the immediate suspension of your licenses until a Certificate of Occupancy has been issued for the business premises. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearin�, please send me a letter stating that you are contesting the facts. You �vill then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. AA-ADA-EEO Employer Page 2 Gehad A. Elfarra November 6, 2002 C� -\�S Y In either case, please let me know in writing no later than Monday, November 18, 2002, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts and will schedule this matter for the St. Paul City Councii 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 any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, � �� Virginia D. Palmer Assistant City Attorney cc: 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 tS a. -\`S i' STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly swom, deposes and says that on November 7, 2002, she served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an envelope addressed as follows: Gehad A. Elfarra Kormann's Supermazket 719 Bun Street St. Paul, MN. 55101 (which is the last known address of said person) depositing the same, with postage United States mails at St. Paul, Minnesota. �� _ ( G. Subscribed and swom to before me this 7th day of November, 2002. Notazy Public ,°E'Fr;;' ? r!-::�::�?OF.\ RJO'iF:;2" r•UEiiC - A;iT;NLSO;A ?j'. C16: �.i2f, �J � -•., ;�.ac3 in the 19/15/2992 10:99 6512295241 FIRE PRE�IEtJTION PAGE 02 FAOM: D5PARTMENT OF FtRE AND SAFETY SERVICES Tnrothy K. FuJkr, Fire Chlef CTI'Y OF SAIN'f PAUL RaMy C. Xetly, Mayo� October 15, 2002 ASSIM ABUHEGLEH - KORMANNS MARKET 719 BUR12 ST SAINT PAUL IvIN 55101 DIVISIOtr OF FfRE pREVENI'tON ��. ��yy � S�even Zuccard, Fire Marrha! lOOEattEtevenrh Srreet 7elephone; 6Sl-128-6230 Sai�uPau1,MN5S10t Facsimiie:631-223-62Q7 RE: NOTICE OF CERTIFICATE OF OCCUPANCX RE'�'OCATION 719 BURR ST KORMANN'S MARKET Ref. # 16166 bear Property Representative: Your building was inspected on October i l, 2002, for tl�e renewal of the Cenificate of Occupancy. Since you have failed to comply with the applicabie requirements, it has become necessary to revoke the Certificate ot Occupancy in accordance with Section 33.05 of the 3aint Paul Legislative Code. The Saint Paul Legislative Code fur[her provides that no buiiding shall be occupied without a Certificate of Occupancy. Failure to immefliately complece the fol(owing deficiency list or the building vacated may result in a CrimiD21 Cit3ti0n. THIS LETTER SBI2VES AS OFPICIAL NOTICE OF REVOCATTON. DEFICIENCY LIST BA5BMENT - MUFC 1103.3.2.2 - Provide and maintain at least 2 feec clearance below the lowest structural member or the ceiling. - excess combustible storage again filling basement. Food cartons on concre�e floor and piled up ro ceiling. basement - SPLC 34.10 (3), 34.33(2) - Repair or replace the damaged handrail in an approved maaner. SPLC 34.08 (1), 34.31 (1) - Al1 exterioz pzoperty areas shall be maintained free from any accumulation of refuse, garbage oc feces. SPLC 34.10 (7), 34.33 (6) - Repair and mainrain the floor in an approved manner. - REPAIR ALL BROKEN FLOOR TILES SPLC 34.09 (3). 34.32 (3) - 12epair and maintain the door in good condition. - REAR DOOR IN POOR CONDITIUN-REPLACE AA-A�A-6E0-Employer 10/15/2092 10:09 2 6512285241 FIRE PREUENTION PAGE 03 '�� '��SK If you have any ques2ions, call me ac 651-228-6205.PIease help to make Saint Paul a safer place in which to live and wark. Sincerely, Pat Fish Fire Tnspector Ref. # 16166 AA-AbA-EEO-Employer License Group Comments Text Licensee: GEHAD A ELFARRA �BA� KORMANN'S SUPERMARKET License #: 200�0000216 10/2312002 fl � ��`50 10/23/2002 To CAO for adverse action. CAR 10/21/2002 Inspected by David Weisberg. Boxes have been moved from basement, remainder will be moved in a month. Restroom wall repairs are neariy complete. Shelving racks in walk-in cooler still needed. Ali other items complete. CMK 10/� 52002 Notice of C of O Revocation from Fire Prevention. CAR 10/�0/2002 Letter sent from CAO requesting $930 of fines from retumed checks. If payment is not made by 10/16/2002 licenses held by Kormann's Supettnarket will be suspended. 10/08/2002 Fine checks for $400 and $500 retumed - account Gosed. To CAO. Fines are due plus $15 bank cherge per check. CAR 10/04/2002 Sent letters regarding $500 fine for illegai sale of fireworks and $400 fine for tobacco sale to minor. Fines have aiready been paid. LAB 09/26/2002 $500.00 rcvd for illegal sale of fireworks 5ne. ES 09/26/2002 $400.00 rcvd for cig sales viola6on. ES 09/25/2002 CF 02-893 Council ordered fine of $400 for a second violation of the sale of tobacco or tobacco product to a minor. Fine shall be paid within 30 days of Ne adoption of this resoiution. Actions of the Council are based upon facts confained in the 08/08/2002 Notice of Violation letter to the licensee. SCS 09/06/2002 Notice of Council Meeting from CAO for consent agenda at 3:30 pm on 09/25/2002 in fhe Council Chambers. Recommendation is for a$400 fine. SCS 08/08/2002 Notice of Violafion from CAO recommending adverse action for the violation on 07/31/2002 for the sale of tobacco product to an underage. Recommendation for $400 fine. Must respond by OS/22/2002. SCS OS/08/2002 Notice of AdminisVative Fine from CAO to Gerk Suod M. Salem for fhe violation on 07l37/2002 for the sale of tobacco product to an underage. Fine of $50. Must respond by 08/22/2002. SCS O8/OS/2002 To CAO for adverse action. CAR 07l31/2002 Failed tobaxo compliance check Clerk was Suod M Saiem.Second failure, $400 matrix penalty. CAR 07/19/2002 Notice of Viola6on from CAO reCOmmending adverse action for the 06/26/2002 police complaints receivetl about the 581es of fireworks to underage individuals and the sale of illegal fireworks. Recommenda6on is for a$500 fine. Must respond by 07/29/2002. SCS 07/05/2002 To CAO for adverse action. CAR 06/25/2002 CNO2-130-850 received indicating that market was selling illegal fireworks. CAR 05/20/2002 Passed tobacco compliance check. SCS � 02/04/2002 per property task force meeGng: F0.all orders complied with. LIEP-previous owner license suspended by Council. New owner operating store. ks/caa 10/OS/2001 $50.00 rcvd for cig sales violation.ES 10/08/2001 $200.00 rcvd for cig sales violallon.ES 10/01/200� Project review requested: An interested partylapplirant called and would like to include 719 Burr (Kormann's Grocery Store) in ihe discussion. This is an additional site Timber Bay is looking into to set up.their youth counseling office. The building is currenUy a grocery store on the comer of Burr and E. Minnehaha. It is zoned B-1. I don't think zoning or licensing are going to be an issue. Don't think there is much of a building code issue either, possibly if they want to remodei existing lavatory. Neighborhood concerns may be an issue because of curtent problems with the grocery operation. INcaa 09/� 9/2001 Letter from City Attomey - fine still not paid. Extension given to 09/26/2001 to respond.JL OS/30/2001 Sent fine letter ($200 due 09/14l2001). LAB 08/� 5/2001 Resolved Ot-819, that the licensee is hereby ordered to pay a fine of $200 for the violation of the sale of tobacco or tobacco products to a minor. Said fine shall be paid to LIEP within 30 days of adopBOn of this resoluUon by Council and signed by the Mayor. caa 07/28/2001 Nofice of Council Meeting from CAO. Set for wnsent on 08/15/2001.JL 07/1212001 No6ce of violation from CAO for sale of tobacco producLs to a minor. Given to 07/23/2001 to respond. Jl 07/06/2001 To CAO for adverse action. CAR , 06/28/200� Passed tobacco compiiance check. SCS 06/11/2001 Failed tobacco compliance check. Clerk was Alshiblawi Haidar, 2612 Pilisbury Ave ip, 55404. First failure, $200 matrix penalty. CAR 01/29/2001 Spoke to John Ridge, Department of Revenue. Ok to issue this Iicense as far as Revenue is concemed. CAR 01/26/2001 Fire issued orders for cortection before license can be approved. pf/ks/caa ��J�7 �� UC E � h i'!:J' �� a�i �� b� .��s a� ��a��t�� r„b. c' prwerlr r uoa„ee r un„5cw r. „ $Veei3 18 SVeet Nace: 51�eet Typ¢ �� QtltiY�c { +Q�Ala i �� 1 Cyyr <M> �i F�dNOw.,'; . �pK'"'�.� w_� a Ne�'.SeerC�1 �, �-�:, L^=?^..'7¢; , : � 73A85 0 ABCAAAZMWA.�KO�dMM155lPERhL1�01fSab ri9httAN1 0.9f15A9Sii13q1A334719k ___"'. ., ., .."__'___.�_�_.__ __. ___w_.._.._ __.." _'__"' ' _""_' .. __ _"'"_.__... 9157$ 0 JAMESIJFPOLDT�dSQINLiTYAEAT.Btddtd' Lpncebtl p$iU1f199$OSqt11998719E P10W0216 0 GEHAOAg,FqPoKO�AAP4d55lAEfitA+Bideher Dentling 09t23R00201f18f2i)03719E ClgmeUertabacco AdNe LicGi58Prlf4etl� � �� .�OfA8I2001 A1 718 2 0 03 71 9f faacaY(C) AeUve Uaru•aPrtAatl QIttBl1001 b7tt820037�9E 12183 GEk4DAELFAPo1fORMNJPS51PEfiAUNNmPm�rdjNew)ACfive DSf.�72f7D1;MA&r1DQ37f9f;' PNSeAiams Adive OtA1l2001-�12F37R0017�8E 020003121 0 MOtD O MANSIXAaOFD O MRNSOIM Pedckr . _ . Adlve A1 Req�iremnts F1e[ t762APd1211620f20a'1719 t'� <�f �,. ,��. ,..��_I ,. - .__,. ,�. _ . �.. . c F .f �'.I�` �1EaiPSi.Kauai7� u�icensaQ+�erY,�-..:I �G';a.v'R�e'M �:��E�N�T��;. 5:3oaM OZ-��SP' Tm' t�r•,r�� ^n�l �^ l �`�-"�t;�l ,Etre. �,� liense � lbens�e 1 �� : �� {�ie: Stratt .. M'? . . - � � SlrectNa�rc: LRR uY ' Sirect Typc ST Uri Y�2 r CCy. TPAU. Statr F! — MBfQ � . Diat Cd�xit 5� � i Llcensst: �0@1AD q 9FA 0 �fsi LkenSee A BFARRA � cea owar,rrrs sure�r,+nra�r �.T�s j �� I � 1 �*«�s 1 "LYafficiel f ProjeUFepRMOr ASIAICION COPdM1E � Adw'se Attb� Caimierita i � .—___ OreUiorc � { tkidl. � � I� 5510f, ; �o�NSe XWbl'DeridVYeisUerg.BOxesYatro hasrnrcrd. remmder vvt bn moved In n wal repeis are nearry compkfe. we&-in coder 31 needed.OJ dhc � 73M1<` Alerm Purcd (New) R OSAOp00t 011782003 N S10A0 9157f, FalxNarms R 07Af110p1 1�1312007 N f5p,pp &tdra �i _ 09R3RW2 011182003 N 387A0 � . _ __.. . . , ..... _"--w= "-'__" '' =""_ _ ' '. ' __" ; Lkenoe # 10000276 Save Giatgac W KStM' FT ' , e�= i *�;xCaid oz�iz+, o moroor,�uisaMa+oorausaae aea�x. a�we...a��? _ _ __ _. r1 ... _� - . . .-�:.-.3,:�- _ ...., ..� .. ..� .. ... _ _ . ,. _ 1 � 9 � le � msFanO .�.` EamsR�� .�IEUZasu_' "�1�+?�+Yns;. [�arop«oe::: � �_. � 531PM.=' 0 O� -�`SY �� - �;� =�, ' , " � r �� u� A �,uau T �` " �'� . �„ YW �P,aY� ;?��;1�'�" ��:3� OBA ORA7APdQSSLPHpA.4Po�7 � �� .T� I �� 1 � 1 R�=l stre, u�et�e: AaFARR, . . - - --- -- . = °a�?�:�•:n - Q�; OBA: Ofd1AP875 �MPRI�T �' SalesT�id SEC# NdtA'oitr"WOrk�u'aC A0�0 `.�,..0°n!P!? �� A.4CordractReC¢ � AATrairWgRa'd �_ AAFeeCO6edeft OAOmOW dscoudRec'Qr ��O�purA Lkenses _�� FYiancie�tbltlReasons — �L1te.+IS�9ASZ�YNe1ne;Il�CetfSC.7�:LtCen3C#:EzM�R. Re6San•. ' " ,PLUVed_:Uete ��*_ NSP Y 10A9fXA2 a . r _ --- B�ks�«„a a,�ca �,:�a r- �s�� rz�p Tc�irc�x_ j . ... . . ,. ; i.kenae a 020W3121 .� . ., � �Mei tJCense Ta — r" Mai To CMact K� LJcrose Adtress r. oaa to c«t�t I I ►+.ssa»s E C�LkenseAtltl'ess� }�99H�79E 719[ 779 E �'_ ::..�TP°,-�.'.. T79t 718F OBf24f2002 OBIbIT20037t9 E .� . . . .°. . . . � s ( 531