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05-1050Council Fi1e # O�_ ��� Green Sheet # . t� 8s8�' RESOLUTION SAINT PAUL, MtNNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2� 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�� ��_�� Adoption Certified by Council Secretary By Approved b5! M�yor: Date C! l '��'� � BY � V �t __� � �"SC'�'� Form Approved by City Attorney By: Mayor�for il By: OS t DS� � 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): �► Assign Number For Routing Order Oenartment Senf To Person 0 icensell s ec[io nviron 1 iren e/Ins 'o nvironPro De artmen[Directo 2 tto ev 3 a or's Office oNAssishant 4 oun "1 5 ' Clerk C' Clerk 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) ` ..� � (?' 6?'n '. �et>n� e?�n,at,��` �'����. �� , �: ' ' � �:�, os�a� r -. , �� 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: � 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 ��. STATE OF MII�]NFSOTA ) ) ss. COTINTY OF RAMSEY ) � 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 � �� �../.i . lt�-_.+�4' �� 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