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02-1159Council File # ��5� Green Sheet # � p p �j$�( RESOLUTION CITY OF SAINT PATI.,IVIINNESOTA Presented By Referred To a� Committee: Date 2 WHEREAS, Seleshi Megenta d/b/a Seleshi Megenta has been issued a Mobil Food - 3 Limited license (license ID# 20010001667) to operate an ice cream truck in the City of Saint 4 5 6 7 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Paul; and WHEREAS, the Office of License, Inspections and Environmental Protection has received complaints that the licensee has used loudspeakers on tris truck to broadcast music to promote ice cream sales as he drives through St. Paul neighborhoods, which is prohibited unless a special broadcast vehicle license is obtained; and WHEREAS, the licensee was sent a letter dated February 19, 2002, stating that the licensee must obtain a special broadcast vehicle license; but the licensee has failed to do so. Now, therefor be it RESOLVED, that the Mobile Food - L"united license held by Seleshi Megenta d/b/a Seleshi Megenta (License ID Number 20010001667), is hereby suspended immediately for failure to obtain a special broadcast vehicle license. Said suspension shall be in effect until such time as the licensee has obtained a special broadcast vehicle license, and written notice of the lifting of said suspension has been provided to the licensee by the Office of License, Inspections and Environxnental Protection. This Resolution and the action taken above are based upon the facts contained in the October 16, 2002 Notice of Violation letter to the licensee. The licensee did not respond to the Notice of Violation. DEPARTMENT/OFFICFJCOUNCII.: DATE INTTIATED , L�r rro� 2�, 2002 GREEN SHEET No.: 2oo2s6 6 � , � CONTACi' PERSON & PHONE: INII7N/DaTE INl'lTAL/DATE Virginia Palmer (266-8 710) � nse��rr�sn*r Dm. crrr covxcu. MUST BE ON COUNCII. AGENDA BY (DATE7 �IGN _<%iTY AiTORNEY _ CRY CLERK FINANCIAL SERV DIl2. FINANCL4L SERV/ACCTG Dec il, 2002 (consent) g J — MAyOR(ORASST.) _CIVII.SERVICECOMMLSSION ROUTING ORDER TOTAL # OF SIGNATORE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) acriorr xE4uES�rEn_ Adverse action against the license held by Seleshi Megenta d/b/a SelesYri Megenta RECOMMENDAI'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACIS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMLSSION 1. Has this person/firtn ever worked under a contrnct for [his departrnrnt? CIB COMMIIIEE Yes No CNII. SERVICE COMMISSION 2. Hu ihis person/firtn ever been a city employee? Yes No 3. Dces this person/firm possess a skill not nmmally possessed by any cuaent city ertqiloyee? Yes No Explain all yes answers on separate sheet aod attach to green sheM INITIA77NG PROBLEM, ISSUE, OPPORITINTTY (Who, What, When, Where, Why): Complaints that licensee is traveling residential streets and playing loud music from loudspeakers attached to ice cream huck without a license to do so and disturbing the neighborhoods _ �„ „� _ h � _ ,�. „�� t er..-. -_ ADVANTAGES IF APPROVED: Council action necessary to enforce the Legislative Code and noise regulations. r �, f � �� DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for failing to operate business under license codes and noise regulations TOTAL AMOUNT OF TRANSACT[ON: $ COST/REVENUE BUDGETED: FUNDINGSOURCE: � ACTIVITYNUMBER: FINANCIAL INFORMATION: (EXPLAIN) I:\USERS�PANGBORN�greashett - alcolal con�pl6 wpd OFFICE OF THE CITY ATTORNEY Manuel J. Cervan7u, CiryAtiorney �� LS, CITY OF SAINT PAUL Randy C. Kelly, Mayor November 27, 2002 Seleshi Megenta 1471 L'Orient Street Saint Paul, Minnesota 55117 Civil Division 400 Ciry Hall IS Wut Ke7logg Blvd. Saint Pnu[, Minnuota 55102 NOTICE OF COUNCIL MEETING Telephone: 6512668710 Facsimi[e: 65I 298-5619 RE: Mobile Food - Limited License held by Seleshi Megenta for the City of Saint Paui License ID #: 20010001667 Dear Mr. Megenta: 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 Fioor, 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 complaints of loud music being brpadcast from your vehicle and failure to obtain a special broadcast vehicle license have not been denied. 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. V ery truly yours, � �� virginia�ll. Yalmer Assistant City Attorney �c: Nancy Anderson, Assistant Council Secretary Christixie Rozek, Deputy Director of LIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN 55117-4920 AA-ADA-EEO Employer _ UNCONTESTED LICENSE MATTER o �„��, Licensee Name: Council Date: Seleshi Megenta d/b/a Seleshi Megenta Wednesday, December 11, 2002 Violation: Broadcasting music from loudspeakers on ice cream truck without obtaining a special broadcast vehicle license License Type: Mobile Food - Limited Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Immediate Suspension of Mobile Food - Limited License Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. 2/19/02 letter and invoice from Christine Rozek to licensee AA-ADA-EEO Employer OFFICL r THE CITY ATTORNEY Mnn�re1 J. Cervnntes, CiryAltarney �� ,.�,`5 � CITY OF SAINT PAUL RnnAy C. Kelly; h7¢y�or October 16, 2002 Seleshi Megenta 1471 L'Orient Street Saint Paul, Minnesota 55117 a,.tt o;vrsron 400 Ciry Ha!! IS West Kelfogg B7vd. Saint Paul, Minnuola 55101 NOTICE OF VIOLATION Telephone: 65! 266-8710 Facsimile: 657 298-5619 RE: Mobile Food - Limited License held by Seleshi Megenta for the City of Saint Paul License ID #: 20010001667 Dear Mr. Megenta: The Office of License, Inspections and Environmental Protection has recommended adverse action against the Mobile Food - Limited License referenced above. The basis for the recommendation is as follows: You are licensed as a Mobile Food - Limited which permits you to operate an ice cream truck but your license does not permit you to use loudspeakers to broadcast music from your truck unless you obtain a special broadcast�vehicle license. You have been advised by letter dated February 19, 2002 that your truck has been the subject of complaints about the use of loudspeakers to broadcast music as you drive through neighborhoods. You were givea an opportunity to apply for the broadcast vehicle license and have failed to do so. 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 appear before the Council and make a statement on your own behalf. The recommendation from the licensing office is for the suspension of your Mobile Food - Limited license until you have obtained a broadcast vehicle license, or the loudspeakers have been removed from your vehicle. AA-ADA-EEO Empioyer �Page 2 Seleshi Megenta October 16, 2002 o�.. If you �vish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Monday, October 28, 2002, how you wish to proceed. If you have not contacted me by Monday, October 28, 2002, I will assume that you are not contesting the facts stated above. I will 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 wilt be imposed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, �v�,y�L�- `U 1 � Ke� J Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director oFLIEP Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St, St. Paul, MN 55117-4920 AA-ADA-EEO Employer C3..��sg STATE OF NIINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY U.S. MAIL Kazen M. Doumany, being first duly sworn, deposes and says that on the 17th 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 City of Saint Paul, a true correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the following individual: Seleshi Megenta 1471 L'Orient Street Saint Paul, Minnesota 55117 W� I �- ��'�� U Kazen M. Doumany Subscribed and sworn to before me this 17th day of October, 2002. �� /� i Notary Public q,..�..,�,�..�, a,�.,� �.,.,�.� ..,�, y«. a tt w;�ii �S `3.JSS4RD '�=°rs� r�,�:,.,. �a�n�desorn '��r.' �+�' cc>r��rissiorr Err!RES.ihN 31,20p5 �ar-w�wr...;� : License Group Comments TeM Licensee: SELESHI MEGENTA �BA� SELESHIMEGENTA License#: Zp0�0001667 09/21/2002 d�ti``59 09/21/2002 To CAO for license adverse action. CAR 09l19/2002 Received noise complaint regarding broadcasting of musice from ihis vehiGe. Licensee refuses to tum dovm music despite LIEP letter and complainant request CAR 02/19/2002 Letter to licensee Trom Christine Rozek regarding ice aeam vehicie being identified using loudspeakers to broadpst music promoting sales in neighborhoods in summer of 2001. Licensee asked to be respectful of neighborhoods and the loud music is not pertnitted. Asked to contact LIEP if wanting to apply for speciai broadcast license. SCS Recd. many comp, re.noise KS &19-01 bZ��s �� I � !_____ Teg: �-- StitgerStat �— SYicker�d � LicroseJype: N➢> �ta6ux iACs'_' "' ____ _ spna��e: �n,nomwo to � "�rc,q°,�« mop000 ��* r .� uu'�'na x (--� � �_- �ra�,crr. r""' 63716 LTTftAVH,PlL qTYt41DECpg(p �� „ `_ =,�=�s-::J ..�,_Car.al.- -� ,.�lleW Searcll ".,�- ( ozao�aao , vns�wwnoEwnsrEeaaruoo,�rrsozawes�er�uactwe uca,semma �2767 7369 JOlWTPBiRON ANiCLY�HJf3�EFeISeNd'rt15 kdive mm�nsss tzr�n�ss2es .u» � .-I. .. .. �a : . ,. , " b � ��sq � � reg � Lcenu ( L� R pr� �tab� StreelC. ,qpp StreetNartie: � Street � I#3tW CRy. trwd. S�. '�.. � . Nmd: 4�. Oist Canxit . . lJCe €nsee ; � D81� r�ev, Se�s Tax kt� ' ��_�^^�:'� oen �a.�MECairn_ 4�e , Uc Tf� � trpt.arca 1 eontl � R�y, i t' ucensee r uronida+ � arojeaFai@aor, aSLNCaN.coftra� Ai �se P.ction Ccmnerts JR�IT si p'vectiorc �"'— ; � � tkit lS r� Ip: 55777 �o�"; Lkensee Cttnm2rt5 Keivetl t�oix wnp�Y rcgadn9 a musi« r.a�m;s rd,�. �tmsee n tlown miaic despie 1.� I�W end xiuest. CAR 6371E� MabiteFood-LkNed R Odt27t1001 0427R003 N �� TatW: �: 0200L. __.... _'_' .._._......_. _..__... ._" _ " ' �'Lkrma# t0001667 SaveCi»rgestof6story �:^ =1 . . __ . � . .._ . . :�� . . . . . . . . . : . . . . . . �Feez _._— �+ � SI50.� 340 AT S150A0 7CMt 6 � , _.__ __._ 790WE xi _Cencei ?z� ` . :+.�:.�� 9992d5LA � ��-� �,�.s� �, � m ��-x ,...�,� .��A �7PaY, �P"n!:�e �. �� ;,3� OBA MEGBiTA Teg Stit, Led�a L�e � Uc T,'� , q�,arcR , Bor1tl f R�„eHi, Lice Licenxe Name. 5M hff6@1TA ,�mvae.,. �sy D8.4: SH F�G@JTA . "' � Sales Tax id FDNG Non�Profk r�kPS's Cortp: W.� .��T�: •.;. MCOMro[IRec'Q AO+CNW AA7rainiqRxYt � � AAFxCatlected 70lWA00� Distdr#FteCd( .: � Other A enc Urxnses Fy�y Hpy pgagp� � OtFmsL�crosn9��Yldm`ie„7:CkenSeTYPC�ti'crn"sef'.:E'W�rdiat� Re�cn �`.� , 'f, ° cLve :.::6ete=� �. � � �� f' MaN To Cordect �.. �" ° _ ;, _ � �,.J r License Adrtess e w r= 6£.atfacf'�q�ntes.�°-.�. r) . _'_ . ...�._ _._._ . .� i�.�.� �l .�5'3�nn�?.�:CPEC�res ' °(�"Eatrs �`j `�;rl�i��a�s -. ��#��N�:f*::�_„i zsm� - �_� --- _ — u V :� a,se,ess„n++onmrmm oamm� � 63t1E OOOOC � � .� _ .: � �,�:. pp� Beckgrantl C�ieck Requ'retl .. �" �' Liemse #,. 10001667 �� !aa ,'"n.c , �3-...ws�roa.w :rm t;MdToCmtact 56-ES1i �04NUEwMF9J () - C�� f ltc.w.nse ndcYess OFFICE OF LICENSE, INSPECTIONS AND bNVIItON.�NTAL PRO'IECTfON Roger Curtis, Director O'y Y`�Sq CITY OF SAINT PAUL Rmtdy Kel1y, Mayor February 19, 2002 Seleshi Megenta 1471 L'Orient Street Saint Paul, MN 55117 LOWRYPROFFSSIONAL BUILDING Trlephone: 657-266-9090 350StPeterStree{Sssite300 Facsimilc 651d66-9/24 SaintPmt�M"mr+esota55102-I510 Web: www.ci.stpauLmnus/Iiep RE: Use of loudspeakers for the sale of ice cream products in Saint Paul Neighborhoods Deaz Seleshi Megenta: Your ice cream vehicle has been identified as one that used loudspeakers to broadcast music to promote ice cream sales in our Saint Paul neighborhoods last sununer. Music broadcast from a vehicle is prohibited in Saint Paul unless a special license is obtained. Licensed vehicles must meet the requirements of our noise ordinance. Please be respectfui of our neighborhoods. Loud music for advertising is a nuisance, disturbs our neighborhoods, and will not be pernutted. If you have any questions regazding this notice or if you wish to apply for a special broadcast license, please contact me at 651-266-9108. , Sincerely, �� Christine RoZek Deputy D'uector CRss c: Gerry McInerney Kris Schweinler