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03-880Council File # �� Green Sheet # 3 b b��-( � S Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Committee: Date RESOLVED, that ail licenses held by San Pelino, Inc. d/b/a Pelino (License ID Number 0016175) for the premises located at 1905 Stillwater Avenue are hereby suspended immediately for failure to pay delinquent license fees. Said suspension shall remain in effect until such time as all license fees and any late charges or penalties haue 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. Tlus Resolution and the action taken above aze based upon the facts contained in the July 15, 2003 Notice of Violation letter to the licensee. The licensee did not contest the facts of the violation. c` � e� e�r� �` E � _=. �It�� 'ii� : LL_ � � CITY OF SAINT PAUL OFFICE OF THE CITY COUA'CIL FACSI:IIILE TRA\S1IISSION CO�'ER SHEET TO: � �OJP,y FROAZ: �f�J, ` I � ��Sd.�� FAX #: o{lJ� s�/ y7 RE: G'.� D�. �'P'd DATE: /4=/S— D'.3 Note: Facsimile operator, please deli��er this transmission to the above addressee. If }�ou did not recei�•e all of Yhe pages in goad condition, please advise Janie Lafrenz af (651) 266-8560 at yonr earliest convenience. Thank you. 1\USIB£R OF PAGES (L'�CLL'Dt\G TIfIS PAGE): _�_ CTf1' HALL THIRD FLOOR � pnntetl on recycled paper SAIATT PAUL„ MINA'ESOTA 55102 � Green Sheet Green Sheet Green Sheet Green Sheet Green 03� Sheet Green Sheet �� DepartmeM(otficelcouncil: Oate t�itiated: �p — r�cens��nspecflon/Fuvironrroc 17SEP-03 Green Sheet NO: 3005415 Contad Person & Phone- Ueoartrnent SefH To Person InitiaVDate Vfginia Palmef � 0 icensellns "oo/Enviro Pro z �' $ �� Assign 1 icense/In ection/EnvironPro De artmentDirector ust Be on Council da 6y (Date): Num6er 2 ; Attorn G�t.s S.�T�t�" For RoUting 3 a or's Office MavodAssistant Ofder 4 oonc'1 5 i erk erk Total # of Signature Pages _(Clip NI Locations for Signature) Adion Requested: Adverse acrion against the licenses held by San Pelino, Inc. d/b/a Pelino, located at 1905 Stillwater Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city empioyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): San Pelino, Inc. d/b/a Pelino has failed to pay license and late fees. AdvanWges If Approved: City will have enforced licensing requuements. DisadvantagesifApproved: None Disadvantages If Not Approved: City will have failed to enforce licensing requirements. Total Amount of CosURevenue Budgeted: `'^'!^^" �°��?�fn� �i2�?�` Trensaction: Fundinp Source: Activity Number: Financia{ {ntormation: SrP 19 20� (F�cplain) 03-�� UNCONTESTED LICENSE MATTER Licensee Name: Address: Violation: San Pelino, Inc. d/b/a Pelino 1905 Stillwater Avenue Failure to Pay License Fees and Late Fees Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Immediate Suspension of All Licenses Until All License Fees And Any Late Fees Have Been Paid In Full Attachments: 1. Proposed resolution 2. Notice of Violation 3. 4/30/03 invoice 4. 4/7/03 letter from Christine Rozek to James Mastroddi 5. License information AA-ADA-EEO Employer �3'�`� OFFICE vr THE CITY ATTORNEY �llrsnuel J. Cen�nnles, Ciry At(orney CITY OF SAINT PAUL Xnndy C. Ke!!y, Mny'or crurr D,�rsm� 400 City Hnl/ 15 fYut Ke[lo,;; BIrA. Snint Pmd, dfinnesotn 55102 Te%pkone: 651 266-87! 0 Facsiniile: 6i! 298-56I9 July 15,2003 Owner/Manager Pelino 1905 Stillwater Avenue Saint Paul, MN 55119 NOTICE OF VIOLATION RE: All Licenses held by San Pelino, Inc. d/b/a Pelino, for the premises located at 1905 Stillwater Avenue in Saint Paul License ID #: 16175 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the license referenced above. The basis for the recommendation is as follows: On Apri17, 2003, your first half of the license fees were due. You were given a payment plan and ttvo late fees of $492.00 were waived on the condition that you comply with the payment plan. As of July 10, 2003, there has been no response to the payment plan, and you currently owe 53,702.00. 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 penaity, if any, is appropriate. You will have an opportunity to appear before the Council and make a statement on your o�vn behal£ The recommendation from the licensing o£fice is for the immediate suspension of all licenses until all license fees and late fees have been paid in full. 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 hearing 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 hearing 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 Pelino July 15, 2003 Please let me know in writing no later than Friday, July 25 2003, how you wish to proceed. If you have not coutacted me by Friday, July 25, 2003, I witl assume that you are not contesting that the license fees have not been paid. 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 wiil be imposed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, � � ��.�.� � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 AA-ADA-EEO Employer -- 03�� STATE OF NIINNESOTA COUNTY OF RAMSEY :x� AFFIDAVIT OF SERVICE BY U.S. MAIL Karen M. Doumany, being first duly swom, deposes and says that on the 16th day of July, 2003, 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 and correct copy thereof, properly enveloped, with first class postage prepaid, and addressed to the following individual: Owner/Manager Pelino 1905 Stillwater Avenue Saint Paul, Minnesota 55119 ��"-�'l�l • U.�'V`G Karen M. Douxnany Subscribed and sworn to before me this 16th day of July, 2003. � �—�,�� Not Public RITA M. BOSSARD NOTARYPUBUC-MINNESOTA MY CpMMiSSION EXPIRES JAN. 3'i, 2W5 ID: 0016175 fnvoice ❑ Cfieck 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 business license application. Apri130,2003 83'`6�Sb C{TY OF SA{NT PAUL Office of License, Inspections & Environmental Protection 350 St. Peter Sireet, Suite 300 Saint Paul, MN 55102-1510 PHONE: (651) 266-9090 FAX: (651)266-9124 AA-ADA-EEO Employer To: SAN PELINO INC PELINO CONTACl': JAMES MASTRODDI 1905 STILLWATER AVE ST PAUL MN 55119-3710 BUSINESS PHONE:651-735E870 Transaction Description Invoice # : 350934 Invoice Due Date: Upon Receipt Account Balance: $4,814.00 ' Pay this Amount: $2,714.00 . Trensaction Total Inv: 340051 16176 Cigarette/Tobacco Expires: 02/28/2003 @ 1905 STIILWATER AVE Inv:340051 16175 Alarm Permit(Renew)1149 Inv: 340051 16175 Liq On Saie - 100 seats or less (C) Expires: 02/28/2003 Inv: 340051 16175 Liquor On Sale - Sunday Expires: 02/28/2003 Inv: 340051 16175 Fntertainment - Class A Expires: 02/28/2003 Inv: 340051 16175 Malt Off Sale Expires: 02/28/2003 Inv: 340051 16175 Restaurant (C) - Limited Expires: 02/28/2003 Late Fee 61-90 days late (10%) Requirements Your account is overdue. Piease mail payment today!! Please complete the following information for your First Half renewal (disregard if invoice is for the 2nd half payment): Company & DBA Names (if different than above): Business Phone #s (indude fax, cell, & pager if applicable): Applicant Name, Date of BiRh, Home Address, 8 Phone #'s: Manager Name, Date of Birth, Address & Phone #'s: Liquor is served in the following rooms: Signature & Title ofApplicant: 317.00 10.00 1,400.00 200.00 27 7.00 160.00 164.00 246.00 'FOr Malt Off Sale 32 percent malt liquor licenses: Submit current insurance If sales were less than $50,000 for the preceding year, insurance is not required. Licensee may submit an affidavit stating that sales were less than $50,000. Are cigarettes being sold over-the-counteR Y or N»If sold by vending machine, how many machines? PLEASE NOTE� If anyone under the age of 78 is allowed in the establishment, State of MN law forbids the sale of cigarettes via machine sales. All sales must be made over the counter by an employee of the establishment. Is your alarm monitored by an alarm company? Yes or No If Yes, which company? If No, please provide keyholder information - include full name(s) and phone #(s) : Please verify your name, address, and phone #. Provide us with your curreni phone number if not I�sted above Submit with First Hal payment only: 'State renewai certificate "Proof of current liquor liability insurance (expiration must coincide with your license expiration date) b3-��D CITY OF SANT PAUL Raady G KeZZy, Mayar Apri17, 2003 San Pelino Inc dba Pelino ATTN: James Mastroddi 1905 Stillwater Ave St Paul NIN 55119 OFFICE OF ISCENSE, INSPECTfONS AND ENVIRONMENTALPROTECTfON Jarseen E. Rosas, Dirutor LOWRY PROFESSIONAL BUILDING 350 St. Peter Street, Suiie 3Q0 Sairzt Paul, Minnesota 55102-I510 T¢lephone: 651-266-9090 Faaimile: 651-266-9124 Web: www.liep.us Re: FINAL NOTICE - License ID#0016175 - San Pelino Inc Payment Plan Mr. Mastroddi: You have indicated interest in setting up a payment plan for the first half of your liquor license renewal. LIEP will agree to the following plan: Payment - April 30, 2003 May 30, 2003 June 30, 2003 July 30, 2003 $617.00 $617.00 $617.00 $617.00 If you agree to this plan, please sign the attached affidavit and begin payments on April 30, 2003. LIEP will provide payment coupons but will not send reminder notices. All payments must be made on or before the 30`" of the month or adverse acfion will begin against your licenses. Late fees have been waived as long as conditions of the payment plan are met. Please contact me, in writing (by signing the enclosed affidavit) or by phone to discuss your delinquent license renewal, before Monday, April 14, 2003, whether or not you agree to this payment plan. After April 14, 2003, this office will begin the adverse acfion process to revoke your license due to nonpaymerit of license fees. You have the opportunity to appeal the City's decision through this proceeding. If you have any quesUons regarding this matter, please contact me at (651) 266-9108. Sincerely, � � �l.A.�ww Ctuistine A. Rozek � �� LIEP Deputy Director CAR/caa cc: Kris Schweinler, LIEP Sr. License Inspector Virginia Palmer, Asst. City Attomey Enclosed: Affidavit Payment Coupons AA - ADA - EEO Employer AFFIDAVIT Date: Apri17, 2003 I agree to the following payment plan for the licenses at 1905 Stillwater Avenue: Payment - Apri130, 2003 May 30, 2003 June 30, 2003 July 30, 2003 $617.00 $617.00 $617.00 $617.00 03 I am also aware that failure to make payments by the 30`" of each month will xesult in adv_erse action against all of my licenses. James Mastroddi San Pelino Inc dba Pelino 1905 Stillwater Ave St Paul MN 55119 Date Note: Your second half liquor license renewal will be due by August 28, 2003, in the amount of $2,100.00. The second half liquor license renewal has not been calculated as part of your payment plan. You will receive an invoice for payment of your second half liquor license renewal in June, 2003. AA - ADA - EEO Employer License Group Comments Text �� SAN PELINOINC DBA: PElINO License �F: 0016175 O� �� osrosnoos 05/09/2003 To CAO for license suspension for non payment of fees. CAR 04Y2�/2003 no response received for agreement to payment plan. Licensee deiinqueni since 02YZ8/2003. AII docs forwarded to CAR for adverse action. caa 04/07YL003 Payment plan has been recalculated and new paymenY pfan will be senl Late Fees have been waived by CAR; however, should any payment be late, the late fees will be reapplied. First Half payment plan is as follows: 4 paymenGS ($617.00 each) due on the 30th of each month beginning April 30. Total first half payment due is 52,468.00. Note: The Second Half liquor invoice in the amount of $2,100.00 is still due August 28, 2003. No payment plan, as of yet, has been agreed upon for the second half liquor invoice. cadcaa 0 2 /1 42 0 03 Rec'd 5300.00 partial payment. IAB 02f1�l2003 Payment plan established. 4 payments of 5 954.50 due on 3�th of each mo�th wRh first payment due 02(28l�3. Total is g 3818.�0. MY 02/OS/2003 Rec'd $500.00 partial payment. LAB Ot/302003 Rec'd $2,000 partial payment. LAB �2/7712002 Rich hand delivered license Reinstatement letter. LAB 12/16l2002 Saies tax clearance received. Ok to reopen. CAR t0/3020U2 Sent a copy of the suspension fetter to Sharen Fritchie at the MN Dept. of Revenue. LAB 0928/2002 KS inspeded - bar closed. CAR 0923/2002 KS inspected, bar closed. CAR 09/04/2002 Kris hand delivered suspension letter. LAB. Closed as of BAM, 09l05/2002. CAR 08/28l2002: C.F.#02-776 Resolved, that the On Sale Liquor and all supporting licenses be suspended effective 08/29/2002 un51 a State Tvc Clearance Certificate has 6een received. OS/28/2002 CF 02-776 City of St Paul received a Notice of License Revocation ftom the State of MN that licensee owes delinquent tazes. MN statutes requires the rewcation of any license for the conduct of a profession, occupation, trade, or business held by an applicant lhat owes more than $500 in delinquent taxes or has not filed returns. The City has suspended the Liquor On-Sale and Sunday On-Sale licenses effec6ve at 12:01 am on 08/20/2002 and will not be reinstated until such time as the City of St Paul has received a ta�c clearance certificate from the Commissioner of MN Dept of Revenue, and has given written notice to the licensee of the Iifting of said suspension. SCS 07/30/2002 To CAO for license suspension. CAR 07/26I2002 Received notice from Department of Revenue that license must be revoked for failure to pay sales tax. Sharen Fritchie is the State contact at 651-297-4055. CAR 04/03l2002 Sent congratulations letter for passing alcohol compliance on 03/07/2002. SS 03/07l2002. Passed DPS alcohol compliance check conducted by SPPD. SS 02/27I2007 Congratulations letter sent for passing alcohol compliance check. SS 02/08/2001 Passed DPS Alcohol compliance check conducted by SPPD. SS 11/28/2000 Refund of $10.00 (overpayment on false alarms) processed V-330-4377.ES 09/18/2000 Notice rcvd from Siate of MN regarding state fine imposed ($200.00 to be paid by 10l2) for violation of state law regarding licensee (while on Liquor Posting List) purchased liq from retail liquor licensee for purpose of resale on 7/18/00 inspection by state. CAA 08/01l20�0 Clearance Certifcate received from MN Dept of Revenue for Stephen & Victor's Bar Inc dba Benson's #9226875. CAA OS/31/2000 Congratulations letter sent for passing alcohol compliance check. SS 05l10/2000 Passed U of M alcohol compliance check conducted by Vice/Polyak/Ramstad. SS 04/13/2000 License fees paid. CAR 04/04l2000 Notice of Violation from CAO for failure to pay license fees. Given to 04/17/2000 to respond. CAR 4/1/99 License exp 2/29/2000. Owes $3087.00 in first half license fees, $618 in late fees. To CAO for adverse action. CAR 17/5/99 Paid delinquent fees. CAR 10/26l99 - Delinquent letter mailed re second half - amount due $2,520.U0/JL 2/10/99 passed alcohol compliance check; no "unofficial" waming-DL , 2!5/99 -$766t.00 paid for license fees/JL 2/3/99 - Notice of Violation letter mailed 2/3l99 for failure to pay the 1998-1999 license fees. $7661.00 late fees & penalties due/JL 6/5/97 - Sent Suspension Letter (6I18-6/27) - Lab � 997-7% disc on liq fees refunded 2/12/98 p.v. #v-330-0506 5/28/97 C.F. #97-651 App'D Imposing 10 Suspension Of All Licenses Commencing 0� 6/18/97 For The Violation Of Lapse Of Liquor Liability Insurance. 10-4-96—No Late Fee On 2nd Half Liquor Due 8128/96 Per Kris Schweinler--Lk—Lic t/17/95 Entertainment Changed From Class 1 To A Per C F. #94-1447 75 Seats As Per New Count By Denver 5-28-87 42 Seats 5-5-87 1 �.� �.___,.. :-u� ��I- - ---- TyP� l' ProP�tY !' 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