05-1050Council Fi1e # O�_ ���
Green Sheet # . t� 8s8�'
RESOLUTION
SAINT PAUL, MtNNESOTA
Presented By
Referred To
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Committee: Date
WHEREAS, adverse action was initiated against the Liquor-Outdoor Service Area
(Sidewalk) license application submitted byFasika, Inc., d/b/a Fasika Ethopian Restaurant (License
ID#20010000419) for the premises located at 510 Snelling Avenue North in Saint Paul by Notice
of fntent to Deny License Application dated October 12, 2005, alleging licensee failed to submit
docuxnents required to continue the appiication process; and
WHEREAS, licensee did not respond to the Notice of Intent to Deny License Application
to contest the allegations or submit the required documents; and
WHEREAS, the Notice ofintent to Deny License Application stated that if the licensee failed
to respond or submit the required documents by October 24, 2005, that the matter would be placed
on the consent agenda to impose the recommended penalty, now, therefore, be it
RESOLVED, thatthe Liquor-Outdoor Service Area(Sidewalk) license application submitted
by Fasika, Inc., d/b/a Fasika Ethopian Restaurant is hereby denied.
�� r � r r �- �� Requested by Department of:
Adopted by Council: Date �;�„ ylD.n Ll� r��
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Adoption Certified by Council Secretary
By
Approved b5! M�yor: Date
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BY � V �t __� � �"SC'�'�
Form Approved by City Attorney
By:
Mayor�for
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By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepaRmenUoffice/wuncil: Date Mitiated: '
�P -��s��w��ot 2���-05 Green Sheet NO: 3028588
Contact Person 8 Phone:
Rachel Guntlerson
26&8710
on Councii qgenda by (Date):
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Totai # of Signature Pages _(Clip All Locations for Signature)
Appzoval of the attached resolution to take adverse action against the Liquor-Outdoor Service Area (Sidewallc) license application
submitted by Fasika, Inc., d/b/a Fasika Etlriopian Restaurant (License ID#20010000419) for the premises located at 510 Snelling
Aveirue North in Saint Paul.
itlations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Mswer the Following Questions:
�. Has this persoNfirm ever worked under a wntract for this department?
Yes No
2. Has this person/firtn ever been a ary employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, fssues, Opportunity (1Mho, What, When, Where, Why):
Licensee failed to submit required docusnents to complete the applicarion process. After notificarion, licensee did not respond to the
Notice of Intent to Deny License Application.
AdvantagesifApproved:
Application denial as recommended by the Office of LIEP.
DisadvanWges If Approved:
None.
��`�' � 1 2005
�AYOR'S OFFICE
Disadvantages If Not Approved:
Application approved against the recommendation of the Office of LIEP.
Total Amount of
Transaction:
FundinA Source:
CosURevenue Budgeted:
Activity Number.
Financial Information:
(Euplain)
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OFFICb �F THE CITY ATTORNEY
MarnreT J. Cervmues, CityAnorney
CITY OF SAII�'T PAUL
�,av c. �uy, �raya,
OCfAUe21Z� LOOS
cMtn�on
400CityHall
IS WestKelZop,gBZvd
Sa"v�tPaul, Mirvresota SSIO2
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Owner/Manager
Fasika Eflriopian Restaurant
510 Snelling Avenue North
St. Paul, MN 55104
TeTepJrane: 657 2668770
FacsnniTe: 65I 298-56I9
RE: Liquor-Outdoor Service Area (Sidewalk) license application submitted by Fas�a, Inc.
d(bfa Fasika Ettriopian Restaurant for the premises located at 510 Snelling Avenue
North in Saiut Paul
License ID # 20010000414.
Dear Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended denial
of the Liquor-Outdoor Service Area (Sidewalk) license application submitted by Fasika, Inc.
d/b/a Fasika Ethiopian Restaurant for the premises located at 510 Snelling Avenue North in Saint
Paul. The basis for the recommendation is as follows:
On September 23, 2005 you received a SECOND NOTICE OF
REQUII2EMENT5 NOT MET letter from the Office of License, Inspection
and Environmental Protection stating that your license applicafion was
pending approval until the following items were received: 1) a statement in
writing by 90% of owners of all private residents, dwelliug,s and apartment
honses located within 30� feet of the proposed outside service area that they
have no objection to snch service area; 2) a certificate of insurance showing
proof of general liability of at least $500,000 and stafin� the covera�e eztends
to the area used for the sidewalk cafe. The City of Saint Paul must a3so be
named as an additional insured; 3) A detailed description of how you intend
to insure that alcoholic bever��es are consumed only by patrons of the
establishment who are of a�e and not passers by, or persons who are not of
age or who are obviously intoxicated.
You were given uniil September 30, 2005 to submit tke required documents,
As of today's dafe they have not been submitted.
AA-ADA-EEO Employer
b� /�a�
Fasika Etfiiopian Restaurq �
October 12, ZOOS
Page 2
At tlu.s time you have tiuee options on how to proceed:
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1. If you wish to continue to do business in the City of Saint Paul, you may submit the
requested documents to the Office of License, Inspections and Environmental Protection
at 8 Fourth Street Fast, Suite Z00, St. Paul, Minnesota 55101-1002 no later than Monday,
October 24, 2005. Information should be directed to the attention of Chtistine Rozek.
2. If you wish to have a public hearing before the Saint Paul Ciiy Council, 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 hearing to deterrnine whether to deny your
license application. You will have an opporiunity to appeaz before the Council and make
a statement on your own bebalf.
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 tlze Office of LIEP.
Please let me know in writin� no later than Monda.y, October 24, 2005, how you
would like to proceed. If I have not heard from you by that date, I will assume that you are
not contesting the denial of your license application.
If you have any qnestions, feel free to call me or have your attorney eall me at 266-8710.
Sincerely,
�
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Atnafix Yeshidagne, 10016 Pillsbury Avenue South, Bloomina on, MN 55420
AA-ADA-EEO Employer
D�--/a�o
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STATE OF MII�]NFSOTA )
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COTINTY OF RAMSEY )
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AFFIDAVIT OF SERVICE BY U.5. MAIL
MEGHt1N McGIVERN, being first duly swom, deposes and says that on October 12, 2005,
she served the attached NOTTCE OF ]NTENT TO DENY L.ICENSE APPLICATION by placing
true and correct copies thereof in envelopes addressed as follows:
Owner/Manager
Fasika Ethiopian Restaurant
510 Snelling A�enue North
St. Paul, MN 55104
Atnafu,Yeshidagne
10016 Fillsbury Avenue South
Bloomington, MN 55420
(which are the last known addresses of said persons) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
I �
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MEGI3AN McGIVERN
Subscribed and sworn to before me
this 12th day of October, 2005.
Public
�OANNE G.CLEMENTS
NOTARY PUBLIG MINhESOTA
S49Y CCMMtSSfON
EXRIRES JAN. 37, 201 0