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05-1118Council File # � �� ` p Green Sheet # �lJ�_ �� �� PS2ESEVTED $Y REFERRED TO 1 z WHEREAS, adverse action was initiated against all the licenses held by Mahubeh a Mustafa, d/b/a Dale Selby Superette (License ID#19990006162) for the premises located at 618 4 Selby Avenue in Saint Paul, by Notice of Intent to Suspend Licenses dated November 7, 2005, s alleging licensee paid cigarette/tobacco fine and other license fees with a check returned by his s financial institution with a notation `2Vot Sufficient Funds"; and � s WHEREAS, the licensee did not respond to the Notice of Intent to Suspend Licenses to s contest the allegation or make appropriate payment; and io i i WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to iz respond by November 17, 2005, that the matter would be placed on the consent agenda to impose is the recommended penaity; now therefore, be it 14 is RESOLVED, that all licenses held by Mahubeh Mustafa, d/b/a Dale Selby Superette are is hereby suspended until appropriate payment is received and approved by the Office of LIEP. 17 18 2� Requested by Department of: Adopted by Council: Date 1�����-Zl �� �-Q�'� Adoption Certif by Cou�cil� Secretary BY: l..✓�'n✓ �'NlS�tii Form Approved by City Attorney By: ,£or 1 By: _ Approved : � Date By &y: RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ... ... N Departrnentloffice/council: Dffie Initiated: �� «< � LP ��a���t 2,_NOV.� Green Sheet NO: 3028880 Confact Person & Phone: � Deoartment Sent To Person InitiaVDate RaChe{ 6UM1eBOn 0 ice seJIns ecti n/E viron 266-8710 qe,sj9n 1 icense/Ins ection/E vironPro De artmentDirecto� Must Be on Councii Agenda by (Uate): Number Z - A rne � For ROUting 3 a or's Offi a odAssisfant pCde� 4 nncil 5 erk Ci C7erk Total # of Signature Pages _(Clip Ali Locations for Signature) Action Requested: Approval of the attached resolution to take adveise action against all licenses held by Mahubeh Mustafa, dlb/a Dale Selby SupeTette (License ID #19990006162) for the premises located at 618 Selby Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firtn everworked under a contract for this deparfinent? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normaliy possessed by any current city employee? Yes No F�cplain ali yes answers ort separate sheet and attach to 9�n sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee paid cigazette fine and other license fees with a check retumed for "i3ot Sufficient Funds". After norificarion, licensee failed to respond to the Notice of Intent of Suspend Licenses. , AdvanWpes If Approved: All licenses suspended as recommended by the Office of LIEP. DisadvanWges lf Approved: None. Disadvantages If Not Approved: � Licenses not suspended against the recommendarion of the Office of LIEP. ToYal AmouM of CosURevenue Budgeted: Transaction: �.�»r�,.�"� �r��:�9^�? S"`�a�7s?P Fundin9 Source: Activity Number. Financiallnformation: � � e � e (Explain) �g�� � t➢ LU�� � OFFIC� R THE CITY ATTORNEY a.�et.r. c��r� c�.an� � { � t�/ l t0 CITY OF SAINT PAUL Rm:dy C. Kelly, Mayo> - - Civil Division 400 CityHall IS R'estKelloggBHd SamtPan� �nnesota 55102 Telephone: 657 266-877D Fac.rbrsile: 651298-5619 November 7, 2005 NOTICE OF INTENT TO SUSPEND LICENSES Mahubeh Mustafa Dale Selby Superette 618 Selby Avenue St. Paul, MN 55102 RE: All licenses held by Mahubeh Mustafa, d/b/a Da1e Selby Superette for the premises located at 618 Se1by Avenue in Saint Paul. License ID #: 19990006162 Dear Mr: Mustafa: The Office of License, Inspections and Environmental Protection has recommended suspension of all licenses held by Mahubeh Mustafa, d/b/a Dale.5elby Superette for the premises located at 618 Selby Avenue in Saint Paul. The basis for ttie recommendation is as follows: On October 27, 2005 you were sent a letter from,the Office of License, Inspections and Environmental Protection to inform you that the check you sent dated October 1Q 2005 in payment for your Retail Food, Ci¢arette/Tobacco, Malt Off Sale, Alarm Permit and Ci¢arette Sale to a Minor fine was retarned by your financial institution with the notation "Not Sufficient Funds". You were also informed that you would need to make the full payment bv certified check, cashier's check, money order, cash or credit carii pa_yment within 10 days of the receipt of this letter to avoid collection of tlie debt to be assigned to a collecfion agency. The total amount now due is $1,199.00 ($1,184.00 in fines and fees and a $I5.00 returned check char�e). EYs of today's date, payment of the fine and renewal license fees have not been received. AA-ADA-EEO Employer Dale Selby Superette November 7, 2005 Page 2 �� . �_. O5-ltlg The licensing office will recommend suspension of all licenses until the cigazette fine and all license renewal fees aze paid in full. At this time, you have three options on how to proceed: 1. If you wish to continue to do business in the City of Saint Paul, you may submit full payment of the fine and license renewal fees the to the Office of License, Inspections and Environmental Protection at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Thursday, Noyember 17, 2005. Information should be directed to the attenfion of Christine Rozek. A self- addressed envelope is enclosed for your convenience. Payment of the fine and renewal fees will be considered to be a waiver of the hearing to which you are enfitled. NOTE• Pavment will onlv be acceuted bvi certified check, cashier's chec monev order. cash or call to the office with credit card information 2: If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a lettez with a statement admitting the facts and requesting a public heating. We will need to receive your letter by Thursday, November 17, 2005. The matter will then be scheduled before the City Council far a public hearing to detei7nitie whether to suspend your licenses. You will have an opporhuuty to appeaz before the Council and m9ke a statement on your own behalf. 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, Inspecfions and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Mimiesota 55101-1002 no later than Thursday, November 17, 2005. Information should be directed to the attention of Christine Rozek. If you have not contacted me by Thursday, November 17, 2005, T will assume that you are not contesting the suspension of your licenses. If you have guestions about these options, please feel free to contact me at 266-8710. Sincerely, �� � Rachel Gunderson Assistant City Attorney ca Christine Rozek, LIEP AA-ADA-EEO Employer � �� �,-��t� STATE OF M[NNF_SOTA ) ) ss. COLINTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII, MEGI IAN McGIVERN, being first duly sworn, deposes and says that on November 7, 2005, she served the attached NOTICE OF INTENT TO SUSPEND LICENSES by placing a true and coirect copy thereof in an envelope addressed as foilows: Mahubeh Mustafa Dale Selby Superette 618 Selby Avenue St. Paul, IvIlV 55102 (which is the last known address of said person) depositing the same, with gostage prepaid, in the United States mail at St. Paul, Minnesota. ll f j+ �' _ �1 _ _ �y,' ar _ MEGHAN McGIVERN Subscribed and sworn to before me this 7th day of November, 2005. , Notary Public .�uLiE ,�AiNt KR,4us � NOiARYr�(�BL7C'EA�SOTA �1!' {° +O�tm@lIISSiOtd �IRES.U§�l.39. 2 0 9 0