04-1072Council File # ' `�1
Green Sheet # ��y � � - t
pRESENTED BY
REFERRED TO
C09tiVIITTEE: DATE
i WHEREAS, adverse action was initiated against the applicarion for a Restaurant B
z license submitted by Sully's Pizza & Pasta Factory d/b/a Sully's Pizza & Pasta Factory (License
a ID No #20040001123) for the City of Saint Paul by Notice of Intent to Deny License Application
4 dated October 14, 2004, alleging several azeas of non-compliance based on an inspection report
s from September 14, 2004; and
s
v WHEREAS, the licensee did not respond to the Notice of Intent to Deny License
s Application to contest the allegations; and
s
io WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee
ai did not respond by October 25, 2004, that the matter would be placed on the consent agenda to
iz deny the applicarion; now, therefore, be it
33
i4 RESOLVED, that the application for a Restaurant B Iicense submitted by SulIy's Pizza &
is Pasta Factory be denied per the recommendation of the Office of LIEP.
is
Requested by Department of:
Adopted by Council: Date �/_//S_/Js�
Adogtion Certified by Council Secretary
BY� t
Approved
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
►3
By: ��,� � / �/1--'
Form Approved by City Attorney
� � ��
�.
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�1�1_ If�l�
DepartmenVoffice/councii: Date Initiated: v ` � • —
I LP — Licenseitnspecuon/En�ironrrot 2�-� Green Sheet NO: 3024029
Contact Person & Phone: ' Deuartment Sent To Person Initial/Date
Vrginia Palmer � 0 i n el[ns ectionlEnvi r
266-8710 (��gn 1 icense/In ection/Environ Pro De artment Director
Must Be on Council F�qenda by (Date): Number 2 , rn
For
Routing 3 a or's Otlice MavodAssistant
OfdO� 4 uncil
5 i Clerk Ci Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of attached resolurion to take adverse acrion against the application for a Restawant B license submitted by Sully's Pizza &
Pasta Factory, d/b/a Sully's Pizza & Pasta Factory (License ID#20040001123) for the premises located at 1782 - 7th Sneet East in Saint
Paul.
Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission �. Has this persoNfirtn 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 this perscn/firm possess a skil! not nortnally possessed by any
curr=nt city employee?
Yes No
Explain all yes answers on separate sheet and aitacn to 9reen sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee has failed to comply with necessary changes required for licensure that was documented in a LIEP inspection report dated
September 14, 2004.
AdvantapeslfApproved:
License application would be denied unril required changes aze made. o C T 2 9 20 04
' OFFICE
DisadvantaAeslfApproved:
None
Disadvantages If Not Approved: � '
License applicarion would be approved without required changes made. �
��T � � 2� '
ToWI Amount of CostlRevenue Budgeted:
Transaction:
Funding Source: Activity Number.
Fi nancial Information:
(Explain)
OFFICE t,� �'HE CITY ATTORNEY
ManuelJ. Cervarsles, CiryAttorney 0�,. to��
CITY OF SAINT PAUL
Randy C. Ke11y, Mayor
October 14, 2004
civit Division
400 Ciry Hall
IS West Ke77ogg Blvd.
Sainf Paul, Hlinrsuota 55102
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Sully's Pizza & Pasta Factory
1782 - 7"' Street East
St. Paul, MN 55119
Te[ephone: 651266-8710
Facsimile: 6i! 298-5619
RE: Application for Restaurant B license by Sully's Pizza & Pasta Factory for the premises
located at 1782 - 7` Street East in Saint Paul
License ID #:20040001123
Dear Sir/Madam:
The Office of License Inspections and Environmental Protection (LIEP) has
recommended denia2 of the above-referenced license applications. The basis for the
recommendation is as follows:
On September 7, 2004, you were notified that you needed to obtain
approval by the Environmental Health Inspector to complete your
application.
On September 14, 2004 during an inspection of your establishment,
it was determined there were several areas of non-compliance such as
no record of a permit for gas line to the broiler range, no towel dispenser
with individual towels in the lavatory, the existing floor does not meet
the minimum requirements, no food preparation sink present, inadequate
exhaust hood or mechanical veutilation system, and a fryer not adequately
maintained. However, the most significant issue was a roof leak in the
kitchen area.
You were given until October 1, 2004 to repair the roof and make the other
necessary changes in order to comply with the inspection report. As of today's
date, the required changes have not been made.
AA-ADA-EEO Employer
Sully's Pizza & Pasta
October 14, 2004
Page 2 � ��1Z
The recommendation is for denial of your license application until such time as you make
the required changes to comply with the September 14, 2004 inspection report.
At this time you have three options on how to proceed:
i. If you do not dispute the above facts but wish to proceed with your license application,
you may submit the necessary information to the Office of License, Inspections and
Environmental Protection at 350 Saint Peter Street, Suite 300, Saint Paul, Minnesota,
55102, no later than Monday, October 25, 2004. Information shouid be directed to the
attention of Christine Rozek and must include opening approval from Steve Olson.
2. If you do dispute the above facts, you can request a contested hearing, which will be
scheduled before an Administrative Law Judge. At that hearing both you and the City
will be able to appear and present witnesses, evidence, and cross-examine the other's
witnesses. The St. Paul City Council will ultimately decide the case.
3. If you wish to withdraw your license application you may do so. Any request for a refund
of the license appiication fee must be made in writing to the Office of LIEP.
If you have not contacted me by Monday, October 25, 2004, I will assume that you
are not contestiug the facts and will schedule this matter for a hearing before the City
Council for a consent agenda, at which time the pending application will be denied.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
�/ C���.
vir ini�
S
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Mr. Chuck Repke, Executive Director, District 2 Community Council,
1961 Sherwood Avenue, St. Paul, MN 55119-3230
AA-ADA-EEO Employer
�-t,-to�2
STATE OF MINNESOTA )
) ss.
COLTNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly sworn, deposes and says that on October 14, 2004,
she served the attachedNOTICE OF INTENT TO DENY LICENSE APPLICATIONbyplacingtrue
and correct copies thereof in envelopes addressed as follows:
Sully's Pizza & Pasta Factory
1782 - 7"' Street East
St. Paul, MN 55119
Mr. Chuck Repke, Executive Director
District 2 Community Council
1961 Sherwood Avenue
St. Paul, MN 55119-3230
(which are the last lrnown addresses of said people) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
K,1 r,E '1
i�i�a�: .��'R�;��
Subscribed and sworn to before me
this 14t�d_ay of October, 2004.
r ^ ' JCR;dn� G Ci.EMENTS
« N07F?Y FJSlIG MINhESOTA
7dY CO}ApqiSSlf3tJ
�CPlRES JAN. 3t,106v