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04-967CouncIl File # �` lt�� Green Sheet # _3022183 RESOLUTION CITY Q� PAUL, MINNESOTA �9 PRESENTED BY REF'EIiRED TO COlOLryIITTEE: DATE 1 z RESOLVED, that all licenses held by BKS, Ina (License ID No. 00355748) d/b/a a Benjamin's Restaurant & Lounge located at 111 Kellogg Boulevazd East in Saint Paul, are 4 hereby suspended for 10 days for a lapse in liquor liability insurance from July 16, 2004 through s August 3, 2004. Said suspension shall become effective at 12:01 a.m. on Wednesday, October s 27, 2004 and last until 11:59 p.m. Friday, November 5, 2004. 7 s This Resolution and the action taken above are based upon the facts contained in the 9 August 23, 2004 Notice of Violation letter to the licensee and arguments made at the public io hearing on October 6, 2004. The licensee does not dispute the facts of the violation. ,, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ,.... � ..,'h DepartrneM/offieeleouncil: Date Initiated: L� ��V �P -��,,,,�ti��t o2sEP.� Green Sheet NO: 3022183 CoMact Person & Phone: ��e� SeM To Person Initial/Date Yrginia Palmer � 0 'cen nvi n 2 A55ign i icense/in 'odEnvironPro D arfinentDireMOr Must Be on Council ABenda by (Date): Number 2 - Attorne For q Routing 3 a or's Ofi'ice MavoNAssisfant �G�t � — �%/� Order 4 uncil 5 i Qerk Ci C7erk Total # of Signature Pages _(Clip All Loeations for Signature) Action Requested: Approvai of resolution suspending all licenses held by BKS, Inc., (License ID No. 0035748) d/b/a Benjazmn's Restaurant and Longe for 10 days because of a lapse in liquor liability insurance from July 16, 2004 through August 3, 2004. Recommendations: Approve (A) or Reject (R): Personal Service ConVacts Must Mswer the Following Questions: Planning Commission ' 1. Has this person/firm 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/firtn possess a skill not normally possessed by any i current ciry employee? Yes No I Explain afl yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee had a lapse in liquor liability insutance. RECEIVED AdvanWges If Approved: Pena1Ty imposed for lapse in liquor liability insurance. MAYOR OFFICE Disadvantages If Approved: � C � c4UCD None C � L SEP 0 3 2004 DisadvantageslfNotApproved: MAYOR OFFICE No penalry for lapse in liquor liabiliry insurance. Total Amount of CastlRevenue Budgeted: Trensaction: FundinA Source: Activity Number. ��r�.�y P°„sr,fc.� Financial Information: (Explain) SEP 0 3 2�04 o� a�� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Date of Violation: BKS, Inc. d/b/a Benjamin's Restaurant and Lounge 111 Kellogg Boulevard East, St. Paul, MN 55101 Wednesday, October 6, 2004 @ 5:30 p.m. Lapse in liquor license liability insurance from July 16, 2004 through August 3, 2004. July 16, 2004 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten (10) day suspension of all licenses. Attachments: 1. Proposed resolution 2. Letter dated 8/25/04 from Sunrise Insurance Agency, Inc. confirming coverage as of 8/4/04. 3. Letter dated 8/26/2004 from Bob Pearce (licensee). 4. Notice of Violation dated 8/23/2004. ��. -qt�'i Benjamin's Restaurant & Lounge 111 East Kellogg Bivd. Ste 150 Saint Paul, Minnesota 55101 y� � a w�w � 1 { r .. �l 3.�. " �:�. . � ^_ � � ' � • �f ; ii_I�. i;,, Virginia D. Palmer Assistant City Attorney 400 City Hall Saint Paul, Minnesota 55102 Dear Ms. Palmer, '� � � , !" . ,_-' i`� � � v .� � In regards to the noted violation of a lapse in our insurance I have enclosed a copy of a letter from my agent addressing this issue. As a business owner I make every effort to stay on top of everything concerning the business. Unfortunately some things do happen, and this was one of them. Our past record of 12 years should speak for itself. Shopping around for better quotes sounds easy but isn't always the case. If you have any question on this matter feel free to contact me. Sincerely, Bob Pearce 651-489-0734 Dated August 26, 2004 c.c. Dave Thune S0'd .� %L6 Z60L LLL TS9 qO�tT 700Z-i£-��d l.n L�E.� SUNRISE PARK INSURANCE AGENCY, INC. Wednesday, August 25, 2004 City of St. Paul 350 St. Peter Street St. Paul, MN 55102 Dear Licensing Division, 2063 COUNTY ROAD E, EAST WHITE BEAR LAKE, �tN SS 11 Q 651-777-7475 FAX 651-777-7092 BKS, Inc. had maintaincd an insurancc policy from Fire & Casualty of Connecticut for commercial property, gencral liability and liquor liability coverage continuously from 7-16-03 to 7-16-04. The company had made the dccision that they would discontinuc writing insurance in Minnesota. At that time, a proposal was offercd throuah another insurance carzicr. On Augusi 2, 2004 Bob contacted Sunrise Park Insurance Agency, Inc. advising that he wished ta renew his policy and would like to dcliver the deposit premium for coverage. Howcver, the company insisted that a new quotation be processed since the previous quotation was for the date of 7• 16-04. Sunrise Park Insurance Agcncy, Inc. requcsted the nctiv quotation and received thc authority to bind covcragc on August 4, 2004. Bob was advised, and procecded immcdiatciy to take appropriate action to procure coverage. If you have any qucstions, plcase do not hesitate to call. Ann Leegard ` Sunrise Park Insurance Agency Thank you, � � � 'L �5�.�.� L---- L � I i0'd Z60L LLL iS9 sui �..iad as�.,iunS dLS=iO 40-i£-6ny CITY OF SAINT PAUL Randy C. Kelly, Ma�or August 23, 2004 OFFICE Ok _ � C1T'Y ATTORNEY Mwuell. Cervantes, CiryAtromey �� lW'� CivilDivision 400 Ciry Ha!! TelepHone: 651266-8710 ISWestKelloggBlvd. Facsimife:651298-5619 Saint Paul, Mirtnesata 55102 NOTICE OF VIOLATION Owner/Manager Benjamin's Restaurant & Lounge 111 Kellogg Boulevard East Saint Paul, MN 55101 RE: All Licenses held by BKS, Inc. d/b/a Benjamin's Restaurant & Lounge, for the premises located at 111 Kellogg Boulevard East in Saint Paul License ID #: 0035748 • Dear Sir Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the above-referenced licenses. The basis for the recommendation is as follows: The liquor liability insurance certificate which you submitted for the renewal of your license had an effective date of August 4, 2004. Your prior insurance was effective through July 15, 2004, leaving a lapse in coverage from July 16, 2004 through August 3, 2004. The presumptive penalty for a violation involving lapse in liquor liability coverage is a ten-day suspension of your licenses. At this time you have two options on how to proceed: If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admit[in� the violation and requesting a public hearing. We will need to receive your letter by Wednesday, September 1, 2004. The matter w�ill then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer; Benjamin's Restaurant August 23, 2004 f1�,�4� Page 2 l! 2. If you do dispute the above facts, a hearing wiil 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 wili uitimately decide the case. If this is your choice, please advise me by letter, and I will take the necessary steps to schedule the administrative hearin�. I can be reached at 266-8710. If we have not heard from you by Wednesday, September 1, 2004, we wili assume that you do not contest the facts and will 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 will be imposed. Sincerely, 1 ' ; �c{,�^,� � Virginia D. Palmer Assistant City Attorney ;� , C .�.t.�� cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer � �� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY U.S. MAII, COUNTY OF RAMSEY ) MEGHAN McGIVERN, being first duly swom, deposes and says that on August 24, 2004, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Benjamin's Restaurant & Lounge 111 Kellogg Boulevazd East Saint Paul, MN 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� i .i!.L 1 � :�,. � . � ' Subscribed and sworn to before me ��. ,pNwa?� G. Cl@tY�NT� t.�JTARY ��119i1C � tAiNNE�@TA Mv CoM�,t!�S!qN '� EX?�R�S JAN, 7f.2� this 24th dav of Aueust. 2004. OFFICE OF THE CITY ATTORNEY Monue[J. Cervantes, CiryAttorney ,a.1 G � � l 1� CITY OF SAINT PAUL Civil Division � Randy C. Ke/ly, Mayor 400 Ciry Hal[ Telephone: 651 266-8710 �, ISWectKe[IoggBlvd. Facsimile:65I298-5619 Snint P¢�d, Minnesota Si10? i September 13, 2004 NOTICE OF COUNCIL HEARING Mr. Robert Pearce Benjamin's Restaurant and Lounge 111 Kellogg Boulevazd East St. Paul, MN 55101 RE: All licenses held by BKS, Inc., d/b/a Benjamin's Restaurant & Lounge, for the premises located at 111 Kellogg Boulevard East in Saint Paul (License ID No. 0035748). Deaz Sir: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for 5:30 p.m., Wednesday, October 6, 2004 in the City Council Chambers, Third Floor, 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 conceming the lapse in liquor liability insurance coverage between July 16, 2004 and August 3, 2004 have not been denied. This matter has been placed on the public hearing agenda portion of the City Council meeting, during which public discussion is allowed. The recommendation of the license office is a ten day suspension of all of your licenses. If you have any questions please feel free to contact me at 266-8710. Very truly yours, `� �v, � �OL�:.��. �ae�apr,�; C°s��i�� `�,�- zcZC�) �, GQ-�ir- Virginia �Paimer Assistant City Attomey �� ' '`� � cc: 1�Iary,Erickson�Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Ms. Sheila Lynch, Director CapitolRiver CounciUDistrict 17, 332 Minnesota Street Suite W1222, St. Paul, MN 55101-1314. f � AA-ADA-EEO Employer ,`� b�-q�7 ,• Enclosed please find copies of Certificate of Insurance for Benjamin's Restaurant & Lounge, as well as copies of down payment on package insurance, and copy of first payment on package. Benjamin's is insured as law requires, and regrets any shortcomings in the past. Sincerely, Bob Pearce 20-'ft8:?Od# 15:53 FBS 801 7.'7 708: 51"�"RISE PARH IFS �„ CERi'IFICATEOF LIABII.I'i1F INSURANCE � � '�i�a�i fiursix Park Ineuranae Aqency Ssac N � � 2063 Eaat Couaty Road 5 ' ; ALTlR'n�:ewfAACE R:tite Bsar Lsks, � 55110 � � _651-777-7975 �MIiURERBA�9RO91G�C � � E � s i, ,�„m„e � � BKS INC DBA: �g 111 EAST KEI,LOGG S40LEVriRD �t150 ��c ST PAIIL, Mh SS�OS 'pyiomz _ � � � ;� � ' � h'r`_ �w7Kn0 YLdMIm/�110R N'.I�IR01Y�108 we�FliU�Oi IIG�4CiRrDMIfOi 157t7UU�3943-0§1 �09iO4/041�9J04/OS -; ; � � 43-647 � CITY OE S'I PADL 39G 82 EETSR 83REET ST BAVL� HN 55142 i a �uai 6�1'-9�O N � �u�rwku�ar ,. r�� Y064V14URY � 4�wsn� 3 �� I1 I � ��lC��` � f __T..�� , auroaewr•�urt s �n�ce � s � !"'^°°""' �cs;s y� ocaxwe,o -- -1 -° - i '� �t i �s I$?UJ,000 EACH OCCJ�R 08/04JOSIS300.00D AGGREGATB aputp+ures ncaaove oswn+senarzfa� niMB_ ��nm� w�ixs+mor.niemwawwweewivaiasrra�mrv. 10 carenmr� �onasone�arnc�saae�rt.w�one�, wrt..e.u.am m�su:i �MiCKGMJMT90GR W�IIIh'9lNYtiCEYMqI!MCMWI�R�1'a.Vf.MWPf Printer Friendly https://www4.usbank.com/internetBanking/RequestRout... 0� �� u� � . _ ,�' Print Check Images This image contains confidential and personal information. 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