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03-47Council File # �a � y� Green Sheet # �00 Z4 g Presented By Refened To Committee: Date 1 WHEREAS, the City of Saint Paul, on January 6, 2003, received a Notice of License 2 Revocarion from the State of Minnesota stating that Mildred Pierce, Inc. d/b/a Mildred Pierce at 3 Harriet Island, owes delinquent taxes to the State of Minnesota; and 4 5 WHEREAS, Mildred Pierce at Harriet Island has Malt On-Sale, Wine On-Sale and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2f4 25 26 27 28 29 30 31 Restaurant (B) licenses for the premises located at 105 Harriet Island Road in Saint Paul (License ID #: 20010002802); and WHEREAS, Minn. Stat. §270.72, subd. 1 requires the revocation of any license for the conduct of a profession, occupation, trade, or business held by an applicant who owes more than $500.00 in delinquent taJCes or has not filed retums; and WHEREAS, under said statute the State of Minnesota must notify the applicant of the intent to require revocation of such license, and of their right to a hearing; and WHEREAS, a hearing under this statute is expressly provided to be in lieu of any other hearings or other proceedings required by law, which would include the hearing provisions of Saint Paul Legislative Code §310.05; and WHEREAS, the City has agreed with the Department of Revenue that the definition of "revoke" as used in the statue is procedurally the same as the process used by the City of Saint Paul for a license suspension; and WHEREAS, the license suspension must be implemented within thirty (30) days of receipt of the Notice of Taac Liability, and is in effect until the Commissioner issues a ta� clearance certificate; and WHEREAS, no tas ciearance certificate has been forwarded to the City of Saint Paul, Office of LTEP, by either the applicant or the Commissioner of the Minnesota Department of Revenue; now therefore, be it i O� -y� 2 RESOLVED, that the licenses held by Mildred Pierce, Inc., d/b/a Mildred Pierce at 3 Harriet Island for the premises located at 105 Harriet Island Road in Saint Paul, be and hereby i 4 aze suspended effecrive at 12:01 a.m. on JG n, a 8, 2003, and will not be reinstated unril such 5 time as the City of Saint Paul has received a taY clearance certificate from the Commissioner of 6 the Minnesota Department of Revenue, and has given written notice to the licensee of the lifting 7 of his suspension. DEPARTMENT/OFFICFJCOUNCb: DATE INTTIATED GREEN SHEET Nor 200298 � , LIEP Jan 8, 2003 ' 0� � CONTACT PERSON & PHONE: INITTAIJDATE INITTA1JpATE Virginia Palmer (266-8710) � _DEPARTMENT DII2. crrY covricn. MUST BE ON COUNCII. AGENDA BY (DATE) �I� —CIIl ATIORNEY _ CTTY CLERK I2i1 ZZ� Z.003' COILSeIIS. �MBER ��CIALSERV DII2, _ FAIANCIALSERV/ACCTG � � FOR T'1A1'OR(ORASST.) _CNIl,SERVICECOMM7SSION ROVI7NG ORDER . 'CO'CAL # OF SIGNATORE PAGES (CLIP ALL LOCATIOIYS FOR SIGNATURE) acnox xEQues�n: Adverse action against the licenses held by Mildred Pierce, Inc. d/b/a Mildred Pieree At Hazriet Island, located at 105 Hazriet Tsland Road .. . RECOMMENDAT[ONS= Approve (A) or Rejec[ (R) PERSONAI, SERVICE CONTRACI'S MUST ANSWER TRE FOLLOWING , QUESTIONS: PLANNING COMMISSION 1. Has this person/firm ever worked under a contract for this depar[ment? CIB COMMI77EE Yes No ' CNII. SERVICE COMMISSION 2. Has this person/firm ever been a city employee? Yw No 3. Does this person/firm possess a skill not norrttally possessed by any current ciTy employee? Yes No Explain al4yes answers on separate shee[ and attach to green sheet : INII7ATING PROBLEM, ISSUE, ORPORTIJNI'1'Y (Who, What, When, Where, Why): On January 6, 2003 the City received a Notice of License Revocarion from the State of Minnesota, Depar(ment of Revenue stating that the licensee owes delinquent taxes to the State of Minnesota. Minn. Stat. §270.72, Subd 1 requires the revocation of any licenses held by such licensees, but the State Department of Revenue agrees that , license suspension is procedurally the same as the state definition for license revocation. � ADVANTAGESIFAPPROVED: : Council action necessary to be in compliance with State statutes. � - DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: City fails to enforce state statute. No penalty will be imposed on a licensee for failing to pay state tases. TOTAL AMOUNT OF TRANSACTION: $ COST/REVEN[J� BUDGETED: F[7NDING SOURCE: ACTIVITY NOMBER: � FINANCIAI, INFORMATION: (F.XPLAIlV) I�\USERS�PANGBORMgemshcet-hA*TuLiabiL"tywpd , _ ���ar(;� ��'�s�p I m��� � �� ��03