03-882Presented By
Referred To
Comxnittee: Date
1
2 RESOLVED, that all licenses held by Shelagh Connolly d/b/a The Miidred Pierce Cafe
3 (License ID No. 19990001241), located at 786 Randolph Avenue in Saint Paul aze hereby
4 suspended for a period of ten (10) days beginning at 12:01 a.m. on Wednesday, November 12,
5 2003 and ending at 11:59 p.m. on Friday,November- 21 , 2003 for the violation of Lapse in
6 Liquor Liability Insurance. This Resolution and the action taken above are based upon the facts
7 contained in the August 25, 2003 Notice of Violation letter to the licensee. The licensee did not
8 respond to the Notice of Violation.
�S
Adopted by Council: Date ��/7,/Ji,� d-t��j
Adoption Certified by Council Secretary
Byc
Appr
Requested by Department of:
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CouncIl File # d 3- f��aS
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DepartmenHofficelcouncii: Date Inkiated: �J
�p — License�tnspecuon/Env;ranrror '17SEP-03 Green Sheet NO: 3005417
CorMact Person & Phone• Deoartment Sent To Person Initial/Date
�rginie Pelmer � 0 icenselln "oWEnviron Pro
26�8��0 /155ign 1 icensellns ectiodEnvirouPro D artmentDirector
Must Be on Council Agenda by (D te): Number Z • p��
C ��C�'� For
RoUting 3 a or's O�ce Ma odAssistaot
Order 4 ouncil
5 i Clerk Ci Clerk
ToWI # of Signature Pages _(Clip All Locations for Signature)
Adion Requested:
Adverse acrion against the licenses held by Shelagh Connolly d/b/a The Mildred Pierce Cafe, located, at 786 Randolph Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission , �, Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
. 3. Does thts person/firtn possess a skili not normally possessed by any
curtent city employee?
Yes No
Explain ali yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Shelagh Connolly d/b/a The MIldred Pierce Cafe has a 10-day lapse in its liquor liabiliry insurance coverage.
AdvantageslfApproved:
City will have enforced its licensing requuements.
Disadvantages If Approved:
None
Disadvantages If Not Approved:
ciry will have failed to enforce iu insurance requirements for businesses licensed by the City of St. Paul.
Total Amount of CasURevenue Budgeted:
Transaction: ry t (9 g � p
�R9{,t Y�„a{�f$��fe% Le•e.i�SC1
Funding Source: Activity Number:
Financial Information:
(Explain) SEP 19 2063
03
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Violation:
Place:
Presumptive Penalty:
Lapse in Liquor Liability Insurance
Licensed Premises
10-Day Suspension of Licenses
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
10-Day Suspension of Licenses
Afitachments:
1. Proposed resolution
2. Notice of Violation
3. 6/30/03 letter from LIEP to licensee
Shelagh Connolly d/b/a The Mildred Pierce Cafe
786 Randolph Avenue
4. License information
03-��-
OFFICE THE CTTY ATTORNEY
Manuel7. Cervan[es, Ciry Attorney
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
August 25, 2003
Shelagh Connolly
The Mildred Pierce Cafe
786 Randolph Avenue
Saint Paul, Minnesota 55102
Civil Division
400 Ciry Ha([
I S Wes[ Kellogg Blvd.
Saint Paul, Minnesota 55102
NOTICE OF VIOLATION
Te[ephone: 651266-8710
Facsimile: 651 298-5619
RE: All Licenses held by Shelagh Connolly d/b/a The Mildred Pierce Cafe for the premises
located at 786 Randolph Avenue in Saint Paul
License ID #: 19990001241
Deaz Ms. Connolly:
The Office of License, Inspections and Environmental Protection has recommended
adverse action against the licenses held by Shelagh Connolly d/b/a The Mildred Pierce Cafe for
the premises located at 786 Randolph Avenue in Saint Paul. The basis for the recommendation
is as follows:
On June 30, 2003 a letter was sent to you by the Office of
License, Inspections and Environmental Protection, informing
you that you needed to submit current insurance for the period
from June 1, 2003 through June 1, 2004. The certificate of
insurance which was received on June 29, 2003 showed a lapse
in coverage from June 1, 2003 through June 25, 2003. As of
today's date, the Office of License, Inspections and
Environmental Protection has still not received a copy of a
current insurance certificate without a lapse period.
The foregoing constitute grounds for adverse action under Saint Paul L.egislative Code
§310.06(b)(3) and §310.06(b)(6)a.
AA-ADA-EEO Employer
Shelagh Connolly
August 25, 2003
Page 2
b3
If you do not dispute the above facts please send me a letter with 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 wiil have an opportunity to appear and speak on your own
behalf, or to have someone appear there for you. Saint Paul Legislative Code §409.26 sets forth
the presumptive penalty for a failure to have liquor liability insurance as a ten-day suspension of
your license, and that will be the recommendation of the Office of LIEP.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative L,aw Judge (AI.J). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appeaz, and what the basis for the hearing will be.
In either case, please let me know in writing no later than Friday, August 29, 2003, how
you would like to proceed. If I have not heard from you by that date, I will assume that you aze
not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul
City Council. .
If you have any questions, feel free to call me or have your attorney call me at 266-8710.
Sincerely,
��� (���
Virginia D. Palmer
Assistant City Attorney
ca Christine Rozek, Deputy Director of LIEP
Betty Moran, West Seventh/Fort Road Federation, 974 West Seventh STreet, SainY Paul,
MN 55102
AA-ADA-EEO Employer
� „�
STATE OF MINNESOTA )
) ss.
COiJNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CI,EMENTS, being first duly swom, deposes and says that on August 26,
2003, served the attached NOTICE OF VIOLTION placing a true and correct copy thereof in an
envelope addressed as follows:
Shelagh Connolly
The Mildred Pierce Cafe
786 Randolph
St. Paul, MN. 55102
(which is the last known address of said person)
United States mails at St. Paul, Minnesota.
with postage prepaid, in the
Ct�
Subscribed and sworn to before me
this 26th day of August, 2003.
✓�` v G�iL/
Notary Public
RITA M. BOSSARD
, .r • NOTAR�WBLIC-MINNESOTA
MY COMMISSION
••,+••' EXPIRESJAM.31,2005
License Group Comments Text
Licensee: SHELAGH CONNOIIY
DBA THE MILDRED PIERCE CAPE
License#: �gggppp�pq�
O�OS/7872003
OS/18/2003 Owner thought insurance lapse could be covereU, but no replacement certificate has been receivetl to cover the gap. To CAO for adverse
action. Unable to reach owner by telephone. CAR
OS/11/2003 Rec'd $225.00 for payment #1 of 10. Balance remaining =$2,055.00. LAB
07/17/2003 Payment pian set up. 10 payments of $228.00 each, first payment starts 08/Ot/2003. Total $2280,00. MY
06/30/2003 Sent letter requesting payment & liquor liability with no lapse in coverage. Must respond by July 7, 2003. LAB
O6/20/2003 Gave Kris letter to hand deliver advising no alcohol sales untii current liquor liability is received. LAB
06/19/2003 Talked to owner. Told her ins e�ired on 06/Ot/2003 and she was advisetl to disconGnue sales until ins is provided. Letter will be hand
delivered advising her of this on 6/20. A reques! x+as made for a payment plan xfiich will be approved and processed. CAR
08/20/2001 Copies of tax retums retumed to our office from post office for business at Harziet Island. They were sent certified (unclaimed at her home
address). Kris S wil� hantl deliver to business address at 786 Randoiph. JL
06/21/2000 copy of lease agreement for shared parking received. CAR/CAA
O6/16/2000 Letter from TG indicating that proof of shared parking with Saint James Parrish has not been received. Has 15 days to submit or
nonconforming use permit could be cancelled. CAR
10/19/99 compieted required alcohol awareness training-DL
71/4/99 passed second alcohol compliance check-DL
10/27/99 completed required alcohol awareness training-DL
9/2Z99 failed alcohol compliance check;'unofficial'vraming-treining due 70/27/99-DL
7/26/99 Have received no complainis against this license (upgrade malt 32 to sirorg) by notification date per Gerry Straihman - license approved/CAM
6!9/99 Received request for upgrade of Malt On Sale 32 to Malt On Sale (Strong). CAM -
6/4/99 License exp date changed from 4/26 to 6/1 per SJO. Applicant just opened. /CAR/CAM.
3/26/99 License Mailed. Spoke to applicant and reminded her that all inspection approvals must be met prior to opening. She is aware of building, fire, and
EH requirements that must be met. CAR
3/25/99 - Approval by Council on 3/24/99 -CF 99-285 ok to issue license/CAR/JL
3/16/99 letter received from applicant to change license application from Strong Malt to 32 Malt. CAM
3/11/99 - Notification response date 4/23/99, notices maiied 3/17/99; 98M, 110 & 43EM/JL
2/24/99 Nonconforming Use Permit approved w/conditions February 4, 1999 by St Paui Planning Commission.
� �5
MILDRED PIERCE CAFE LICENSE INSURANCE ISSUE
WHO: Shelagh Connolly
Chef / Owner
Paui Dotty
Landlord / Insurance Buyer
Maple LeafInsurance Agency
Hermie Barthold
WHAT: In the spring of 2003 as my license with the city and insurance was up for
renewal my landtord, Paul Doity offered to arrange the purchase of liquor
liability insurance for my cafe. I wrote a check for six hundred dollars to
procure the policy and turned the check over to Mr. Dotty who assured me
that he could find the right policy for the best value as he is a licensed
agent and had a contact with an agency that could best handle my
insurance needs. I informed Mr. Dotty that the absolute deadline for the
new policy was June 1, 2003. I requested from Mr. Dotty the proof of
insurance as the date of June 1, 2003 approached. He assured me that all
was in line and that I was insured. Unfortunately that was not the case and
I was not aware of this most disastrous situation until it was too late.
Despite reports in the local press I have worked with Kristine Rozack on
this issue at my fist knowledge of the insurance deficiency and have
liability insurance through June 2004.
Tl�ank you
Shelagh Connolly