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05-1052Council File # ��_ /O �� Green Sheet # �U� 0 � (�1 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 3� Committee: Date WHEREAS, adverse action was initiated against the Cigarette/Tobacco and Alarm Permit (New) licenses held by H& X Sausage, LLC, d/b/a H& X Sausage, LLC (License ID #20010001416) for the premises located at 1214 Thomas Avenue in Saint Paul by Norice of Intent to Suspend Licenses dated October 13, 2005, alleging licensee paid license fees with a "non-sufficienY' funds check; and WHEREAS, licensee did not respond to the Notice of Intent to Suspend Licenses to contest the allegations or pay the delinquent license fees and late fees; and WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to respond or pay the delinquent license fees and late fees by October 24, 2005, that the matter would be placed on the consent agenda to impose the recommended penalty, now, therefore, be it RESOLVED, that the Cigarette/Tobacco and Alann Permit (New) licenses held by H& X Sausage, LLC, d/b/a H& X Sausage, LLC are hereby suspended until such time as the delinquent license fees and late fees are paid in full to the Office of LIEP. �� r � �,-� � Requested by Department of: B,,: �.4�,9.�,a.t 9-�,e� Q Form Approved by City Attorney Adopted by Council: Date bb`ey�-b�! / �1ffX�� .� � �� /! Adoption Certif�i d by Council Secretary BY� By: Approved by Date i / i/ + Mayox for �,� � Green Sheet Green Sheet DS-/oS� � Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUo�ce/wuncii: Date Initiated: LP - License/fn.spection/EnvimnProt 2��T-05 Green Sheet NO: 3028592 Co�ct Person & Phone: � Deoartmerrt � Sent To Person Initial/Date Rachel Gunde�son 0 icense/I ection/Environ Pro 266-87�� Assign 1 icenseJl ection/EnvironPro D artment 'reMOr Must Be on Council qqenda by (Date): Number Z - Anom FoP RoUfing 3 or's �ce Ma or/ istant OPde� 4 ounci 5 i Clerk CS CI rk Totai # of Signature Pages _(Clip All Lowtions for Signature) Adion Requested: Approval of the attached resolution to take adverse acrion against the Cigazette/Tobacco and Alarm Pem�it (New) licenses held by H & X Sausage, LLC, d/b/a H& X Sausage, LLC (License ID#20010001416) for the premises located at 1214 Thomas Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee , Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No , ' 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No , Explain all yes answers on separate sfieet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee paid the above-mentioned license fees with a"non-sufficienY' funds check. After noUfication, licensee did not respond to the Norice of Tntent to Suspend Licenses. AdvantapeslfApproved: Licenses suspended as recoamiended by the Office of LIEP. DisadvanWges If Approved: �iEC None. N�V � 1 20�5 v ' OFFICE Disadvantages If Not Approved: Licenses notsuspended. Total Amount of CasURevenue Budgeted: "-`---�----- -� - - - Transaction: - - ---�- Fundinp Source: qctivity Number: Financial Information: �� g�Q�� ?�� (Explainj �0� O 1 �� y w � pS- /oS� OFFIC% .F THE CITY ATTORNEY Manuel J. Cervantes; CityAttorney CITY OF SAINT PAUL Randy G Kelly, Mayor October l3, 20Q5 Owner/1Vlanager H & X Sausage, LLC 1214 Thomas Avenue St. Paul, MN 55104 CiviZDEvision 400 Ciry Ha11 I S West Ketlogg Blvd. Saint PauJ, Minnesot¢ SSIOZ Telephone: 65I 266-8710 Facsimi7e: 65] 29&5679 NOTICE OF INTENT TO SUSPEND LICENSE RE: Cigarette/Tobacco and Alann Permit (New) licenses held by H& X Sausage, LL�, d/b/a H& X Sausage, LLC for the premises located at 1214 Thomas Avenue in Saint Paul. License ID #20010001416 Dear SirfMadam: The Office of License, Inspections and Environmental Protection has recommended the suspension of the Cigarette/Tobacco and Alann Permit (New) licenses held by H& X Sausage, LLC, d/b/a H& X Sausage, LLC for the premises located at 1214 Thomas Avenue in Saint Paul. The basis for the recommendarion is as follows: On 7uly 14, 2005, the Office of License, Inspections and Environmental Protection received a"non-sufficient" check in the amount of $421.00 in payment of the above-mentioned license fees. ' As of today, the total amount now due is $634.00 which includes $421.D0 in license fees, $15.00 NSF fee and $198.00 in late fees. At this rime you have three options on how to proceed: You can pay the delinquent license fees, NSF fee and late fees to the Office of License, Inspections and Environmental Protection at 8 Fourth Street East, Suite 200, St. Paul, Minuesota 55101-1002 no later than Monday, October 24, 2005. Information should be directed to the attention of Chrisfine Rozek. A self-addressed envelope has been included for your convenience. Onlv a certified check cash or calling the office with a credit card number will be acceuted. payment of the delinquent license fees, NSF fees and late fees will be considered to be a waiver of the hearing to which you are entitled. AA-ADA-EEO Employer � ~ H & X Sausage, LLC ( � _ October 13, 2005 Page 2 If yau wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a pubiic 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 deteiu�ine whether to suspend your license. You will have.an opporhxnity to appear before tfie Council and make a statement on yaur own behal£ 3. If you no longer wish to do business in the City of Saint Paul, you may 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 attenrion of Christine Rozek. Please let me know in writing no later than Monday, October 24, 2005, how you would like to proceed. If I have not heard from you by that date, I �vill assume that you are not contesting the suspension of your license. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Mai Xiong, 1871 Wilson Avenue #303, St. Paul, MN 55104 AA-ADA-EEO Employer f �, � sTa� o� zv�vrr�soTa > � 5S. COiJNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGIIAN McGIVERN, being first duly sworn, deposes and says that on October 14, 2005, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing hue and correct copies thereof in envelopes addressed as foliows: Owner/Manager H & X Sausage, LLC 1214 Thomas Avenue St. Paui, MN 55104 Mai Xiong 1871 Wilson Avenue #303 St. Paul, NIN 55104 (which are the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 91� „L�,, �� a..�_ --� - . Subscribed and sworn to before me of October, 2005. .IOANNE G. CLEMENTS f�TARY PUBLIC • F1INFESOTA PAY COMMISSION EXPIRES JA4S. 31, 2 O 1 0