05-1016Council File # O � _ �
Green Sheet #
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Referred To
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Committee: Date
t3
WHEREAS, adverse action was initiated againstthe Gambling Location; Cigarette/Tobacco;
Liquor on Sale - Sunday; Restaurant ($)-more than 12 seats; Liquor on Sale -100 seats or less (C};
Alarm Permit (New); and Entertainment (A) licenses held by Viaduct Inn, LLC, d/b/a Viaduct Inn
(License ID#20030004263) far the premises located at 1056 - 7`" Street East in Saint Paul byNotice
of Intent to Suspend Licenses dated October 7, 2005, alleging licensee was delinquent in paying
required license fees and late fees; and
WHEREAS, licensee did respond to the Notice of Intent to Suspend License to contest the
allegations or pay the required license fees and late fees; and
WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to
respond or pay all the required license and late fees by October 17, 2005, that the matter would be
placed on the consent agenda to impose the recommended penalty, now, therefore, be it
RESOLVED, that the Gambling Locatxon; CigaretteYTobacco; Liquor un Sale - Sunday;
Restauzant (B)-more than 12 seats; Liquor on Sale -100 seats or less (C); Alarm Permit (New); and
Entertainment (A) licenses held by Viaduct Inn, LLC, d/b/a Viaduct Inn are hereby suspended until
such time as ali the required license and late fees are paid in full to the Office of LIEP.
���� Requested by Department of:
BY: __ �� ' " �
�/' ( Form Approved by City Attorney
Adopted by Council: Date /��,ft22�/f.ra a�C� (�
�./ ' `.l a II
Adoption Certifie@
,�
By:
Date
Secretary BY=
.. �/ �
Mayor �or Su�si�S� to
�t�'��
OS- /o��
� Green Sheet Green Sheet Creen Sheet Green Sheet Green Sheet Green Sheet �
LP — ��ensG7ns�,ectionlEnviroarroc
Contact person 8 Phone:
Rachei Gunderson
2
Must Be on Council Aaen
19-OCT-0S
y
Assign
Number
For
RouEfng
Order
Green Sheet NC}: 3028517
o � hro r
Y i en 'o nvir n ro a eaf D rect
2 0
3 a or' f5ce Ma orlA i nf
4 an '
5 krk I k
Total # of 5ignature Pages _(Clip AII loqtions fw Sigaature}
Approval of the attached resolufion to take adverse action against the Gambling I,ocarion; CigarettelTobacco; Liquor on SaIe-
Sunday; Restaurant (B} - more thaa 12 seats; Liquor on Sale -100 seats or less (C}; Alazm Pemut (New}; and Entertainment (A) licenses
held by Viaduct Inn, LLC, d/b/a Viaduct Inn (License ID#20D30004263} for the premises located at 1056 Jth Street East in Saint Pai
necommenaations: Approve (A} or
Plan�ing Commission
CIB Committee
Civit Service Commission
t. Has this persoNfirtn ever worked under a confract far this departme�t?
Yes No
2. Has this personlfimi evec been a pty empioyee?
Yes No
3. 6oes this persoNB�n passess a skitl rrot nortna0y possessed by any
current aty employee?
Yes No
Explain ail yes answers on separate sheet and attach fo green sheet
... _------
I�kiating Problem, Issues, Opportu�ity �VYho, What, When, YYhere, Why);
Licensee failed to pay the delinquent llcense fees and late fees. After norification, licensee failed to respond the Notice af Intent
Suspend Licenses.
wdvanta�es H Approved:
Licenses suspended as recoimnsnded by the Of�ce of LIEP,
oisauvanWges ff Aopraved:
None
RECtI!'L�
oisadvantages if Not Approved:
Licenses not suspended against the recommendarion of the Office of LIEP.
OCT 2 6 2�05
MAY4R'S flFFICE
Total Amount of
Transaction:
FUnding SOUrce;
Contrects
CosURevenue Budgeted:
Acfivity Number,
Ftnancial hiformafion:
{Facplainj � � ,r� . },
. � - . der�.#�� ` � ` ��e„a�pt`.�'E i:.,r�1'�.
�
CITY OF SAINT PAUL
Rmuly C. KeR}; Mayor
OCtAISCT 7, Z��S
a5- 10��,
OFFIC� F THE CITY ATTORNEY
Mmnm1J. Cervmees, CilyAnomey
c�i�on
400CiryHa11 TeleyTione:651266-87Z0
ISWest%IIogqBlvd &ar.;rin�i7e; 651298-5619
SaintPaul, Mmnesara 55102
NOTICE OF INTENT TQ SUSPEND LICENSES
OwnerlManager
Viaduct Inn
1056 - 7"' Sixeet East
St, Paul, MN 55106
RE: Gambling Location; Cigazette/Tobacco; Liquoz on Sale - Sunday; Restaurant (B) - more
than 12 seafs; Liquor On Sa1e -100 seats or less (C); Alarm Permit {New} and
E�tertauiment (A) licenses held by Viaduct Inn, LLC, d/b/a Viaduct Inn for the premises
located at 1056 - 7"' Street East in Saint Paul.
LicenseID #24030004263
I-. ... u
The Office of License, Tnspections and Environmental Protecfion has recommended
snspension of the Gambling Location; CigarettelTobacco; Liquor on Sale - Sunday; Restauraut
(B} - more than 12 seats; Liquor On Sale -100 seats or less (C) ; A1arm Permit (New} and
Entertaitunent (A} licenses held by Viaduct Inn, LLC, dlbla Viaduct Inn for the premises located
at 1056 - 7"` Street East in Saint Paul. The basis for the recommendation is as follows:
On September 22, 2405, you were sent a letter from the Office of Lieense,
Inspections and Environmental Protection regardin� yoar delinqnent liquor
license payments. Un August 9, 2005 a payment pian was set up and
according fo their records neither the August 15, 2005 nor the September 15,
2005 payment hsve been made.
In additian to the liquor license fees, there are outstandin� license fees for
Gamblin� Lacation; Ci�areffelTobacco; Restanrant (B) - more than 12 seats;
Alarm Permit (New) and Enterfainment (A} which have not been paid. The
total due for all the license and late fees is $4,679.04.
As af today's date, none of the license and tate fees have been paid.
AA-ADA-EEO Employer
oS- 10� 4�
v�aaU�t r� (� �--�
October 7, 2005
Page 2
At this time, you have three options on bow to proceed:
1- ffyou wish to continue to do business in the City of Saint Paul, you will need to
pay the license and late fees to the Office of License, Inspections and
Bnviranmentat Protection at 8 Fourth Street East, Suite 200, St. Paul, Minnesota.
" 55101-1002 no iater fhan Monday, October 17, 2005. Information shouid be
dizected to the attention of Christine Rozek. A self-addressed sfaznped eneelope
is inciuded for your convenience. Payment of the license and late fees wi11 be
considered to be a waiver of the hearing to wIuch you are etttitled.
2. If you wish to haue a public hearing before tLte Saint Paul Ciry Cotzncii, you wi11
need to send me a letter with a statement admitting the facts and requesting a
pubtic hearing. We will need to receive your lettez by Monday, October 17,
2005. The matter will tlzen be scheduled before the City Council for a public
hearing to deternuue whether to suspend your license. You will have an
opportunify to appear befoxe the Council and make a statement on your own
behalf.
3. If you no tonger wish to do business in the City of Saint Paul, you may send a
written statement ta that effecf to the 4ffice of License, Inspections and
Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Miuuesota
55101-1002 no later than Monday, October 17, 2005. Tnformation should be
directed to the attention of Christine Rozek.
Please let me know in writing no later than Monday, October 17, 2045, how you
woald like Yo proceed. If yon have not contacted me by then, I will assume that you are not
contestung the suspension of yonr license.
If you have questions about these opfions, please feel free to contact me at 266-8710.
Sincerely,
�� ��
Rachel Gunderson
Assistaut City Attorney
cc: Christine Rozek, �IEP
Mamik O'I,eary, 2623 Aldrich Avenue South, Niinneapolis, MN 55408
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COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY II.S. MATL
MEGIiAN McGIVERN, being first duly sworn, deposes and says that on October 7, 2005,
she served the attached NOTICE OF IIV'TF..NT TO SUSPEND LICENSES by placing true and correct
copies thereof in envelopes addressed as follows:
Owner/Manager
Viaduct Inn
1056 - 7`� Street East
St. Paul, NIlV 55106
Mamik O'Leary
2623 Aldrich Avenue South
Minneapolis, MN 55408
(which are the last knoum addresses of said persons) depositzng the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
�.: � � !<< �f�i/ _ . � �.
MEGI3AN McGIVERN
Subscribed and sworn to before me
day of October, 2005.
Notary Public
JOANNE G. CLEAdEFi'I'3 .
hUTARY PUBLIC-MWPESOT$
MY COMMIS310N
EXPIRESJAN.31, 20 } Q .
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