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05-1047Council File # �S � �� � Green Sheet # � S v'( RESOLUTION CITY OF SAINT PAUL, MINNESOTA PRESENTED BY REFERFiED TO CObP_�IITTEE: DATE 2` 1 z WHEREAS, adverse action was initiated against the Retail Food (C) - Grocery 1001- a 3000 sq. ft. license application submitted by Pocket Change Dollar Store, Inc., d/b/a Pocket 4 Change Dollar Store (License ID#20050001021) for the premises located at 851 - 7` Street East s in Saint Paul, by Notice of Intent to Deny License Application dated October 13, 2005, alleging s that the licensee failed to obtain approval of an opening inspection from an Environmental v Health Inspector; and a s WHEREAS, the licensee did not respond to the Notice of Intent to Deny License io Application to contest the allegation or to schedule an inspection; and ii az WI-IEREAS, the Notice of Intent to Deny License Application stated that if the licensee ia failed to respond or schedule an inspection by October 24, 2005, that the matter would be placed i4 on the consent agenda to impose the recommended penalty; now therefore, be it i� is a �z is as zo RESOLVED, that the Retail Food (C) - Grocery 1001-3000 sq. ft. license application submitted by Pocket Change Dollar Store, Inc., d/b/a Pocket Change Dollar Store is hereby denied. Requested by Department of: f � � By: n Form Approved by City Attorney Adopted by Council: Date 7�p� -/� p�Q(�� L� B Y' Adoption C�rtified by Council Secretary By: . Aate / ( � Mayor for By: pS- io�t7 � Green Sheet Green Sheet Creen Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Date Initiated: �P -U�s�ti�n��,�t Z��T_o5 Green Sheet NO: 3028604 ConWct Person & Phone: De�rtmerd Sent To Person {nitiaVDate Rachel Gunderson � 0 ic ns 'on/Environ Pro 266-8710 p��y 1 icense/Ins ection/EnvironPro De artmentDirecto Must Be on Council qqenda by (Date): Number 2 • Attome For ROUting 3 or's Office Ma oHAsSistan[ Order 4 o ncit 5 i Clerk (S Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Aetion Requested: Approval of the attached resolurion to take adverse action against the Retail Food (C) - Grocery 10013000 sq. ft. license applicarion submitted by Pocket Change Dollaz Store, Inc., d/b/a Pocket Change Dollaz Store (License ID#20050001021) for the pzexnises located at 851-7Th Sheet East in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civii Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firm passess a skill not normally passessed by any current city employee? , Yes No _ Explain all yes answere on separate sheet and attach to green sfieet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to obtain approval of an opening inspection from a Environmernal Health Inspector or norify the Office of LIEP whether they intend to continue with the license applica6on. After notification, the licensee did not respond to the Notice of Intent to Deny License Application. Advantages if Approved: � License applicarion denial as recommended by the Office of LIEP. R���r�J�� .,� Disadvantages If Approved: ZQQS r'one. !'ViAYOR'� ,- QFriGE Disadvanhages If Not Approved: Application approved against the recommendafion of the Office of LIEP. Total Amount of CosURevenue Budgeted: 7ransaction: � Fundinq Source; Activity Number: � ��?eP=��^'�.� �F`�'"'��^? Financial Information: R' t0 q ry (Explain) itloY o 1 L�U� os - io�7 SAINi PAUL � AAAA � C � ,. I � , T x' 'Y OF SAIl�TT PAUL •�... y C. %PIIy, MQyOT October 13, 2005 �� OFFICE vr THE CITy ATTORNEY MarareZJ. Cervmttes, City�Sttomey CZYlZDtVfS10)Z 400 CityHall IS 17est%Ilop„gBlvd SmMPaul, Mmnesom 55102 NOTICE OF INTENT TO DENY LICENSE APPLICATION Owner/Manager Pocket Change Dollaz Store 851 -'7"' Street East St. Pau1, MN 55106 Te7ephone; 657 26G8710 Facrimile: 65l 298-5619 RE: Retail Food (C) - Cnocery 1001-3000 sq. ft. license application submitted by Pocket Change Dollar Store, Inc., d!b/a Pocket Change Dollaz Store for the premises located at 851 - 7"' Street East in Saint Paul License ID #20050001021 Deaz Sir/Madam: The Office of License Inspections and Environmental Protection has recommended denial of the Retail Food (C) - Grocery 1001-3000 sq. ft. license application submitted by Pocket Change Dollaz Store, Ina., d/b/a Pocket Change Dollaz Store for the premises located at 851 - 7�' Street East in Saint Paul . The basis for the recommendation is as follows: On September 19, 2005, you received a letter from the OfFce of License, Inspections and Environmental Protection stating that your license application was "Pending" since April, 2005. In order to continue processing of the application you were asked to obtain approval of an opening inspection from Brian Krawiecki, an En"vironinental Health Inspector. You were given until September 26, 2005, to schedule the inspection or let the Office of LIEP know whether or not you intend to continue with your license application. As of today's date, you have neither scheduled the inspection nor contacted the Office of LIEP regarding your application. AA-ADA-EEO Employer Pocket Change Dollar Stq� October 13, 2005 Page 2 At this time you haue three options on how to proceed: � If you wish to do business in the City.of Saint Paul, you ivill need call Environmental Health Tnspector, Brian Krawiecki, at 651-266-9134 to schedule an opening inspection by Monday, October 24, 2005. 2. If you wish to have a public hearing before the Saint Paul City Couacil, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, October 24, 2005. The matter will then be scheduled before the City Council for a public heaziug to determine whether to deny your license applicafion. You will have an opportuniiy to appeaz befare the Council and make a statement on your own behalf. 3. You may withdraw your license application. Send a written statement to that effect to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 24, 2005. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. Please let me Imow in writing no later than Monday, October 24, 2U05, how You would like ta proceed. If I have not heard from you by that date, I will assume that you are not contesting your license application denial. If you have any questions, feel free to call me or have your attomey call me, at 266-8710. Sincerely, �� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Chazif Hadydat, 7544 Dupont Avenue, Richfield, MN 55423 AA-ADA-EEO Employer � STA'IE OF NIINNFSOTA ) ) ss. COIJNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly swom, deposes and says that on October 14, 2005, she served the attached NOT'ICE OF INTENT TO SUSPEND LICENSE by placing true and conect copies thereof in envelopes addressed as follows: OwnerlManager Pocket Change Dollar Store 851 - 7`� Street East St. Paul, MN 55106 Charif Hadydat 7544 Dupont Avenue Richfield, MN 55423 (which aze the last Imown addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Il.�,��, �/�.��1 �i► � - MEGFIAN McGIVERN Subscribed and sworn to before me this 14th day of October, 2005. Public �Yz, � �'.{�,. .. I ��'�!�f� I e ' � � .o� • rla._:+;: • • . . . � � .