05-120Council File # � 1�
Green Sheet # ��� S�J 3
RESOLUTION
PAUL,IVIIl�TNESOTA �
PRESEh'TED BY
RF:F'Eii�n TO
CONL4IITTEE: DATE
i WHEREAS, adverse action was taken against the Liquor Outdoor Service Area
z (Sidewalk) license application submitted by Ausslab, LLC d/b/a A Rebours (License ID#
3 20040002403) for the premises located at 410 Saint Peter Street in 5aint Paul by Notice Of
4 Intent To Deny License Application dated January 12, 2005 alleging failure to submit 1) a site
s pian showing the sidewalk cafe azea; 2) a written plan on how they intended to insure that
s alcoholic beverages were consumed only be patrons of the establishment who are of age; and
s WHEREAS, the licensee did not respond to the Norice Of Intent To Deny License
s Application to contest the allegation or to submit the required docuxnentation; and
io
i a WHEREAS, the Notice of Intent To Deny License Application stated that if the licensee
iz failed to contest the allegation or submit the required documents by January 24; 2005, that the
is matter would be placed on the consent agenda to impose the recommended penalty; now;
i4 therefore, be it
is
is RESOLVED, that the Liquor Outdoor Service Area (Sidewalk) license application
i� submitted by Ausslab, LLC d/b/a A Rebours is hereby denied.
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrnenllofficelcounciG I Datetni8a��
LP — Licensdlnspection/EnvironProt 26-JAN-0S
Contact Person 8 Phone:
Virginia Paimer
266-8710
Must Be on Councii qgenda by (Date):
Total # of Signature Pages
�
Assign
Number
For
Routing
Order
�" � �
Green Sheet NO: 3025033
0 icen n � nlEnviron Y
1 icense/Ins eM�on/Environ Pro De artment Director
2 � tt m
3 ia �or's O��e Ma or/Assistant
4 n il �
5 iN Clerk I Ci Clerk
(Clip All Locations for Signature)
InitiaVDate
• y u��.�...
Approval of the attached resolurion to take adverse acrion against the Liquor Outdoor Service Area (Sidewallc) License app icahon
submitted by Ausslab, LLC, d/b/a A Rebours (License ID#20040002403) for the pzemises located at 410 Saint Peter Street in. Saint
Paul.
RecommendaBOns: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Service Contrects Must Mswer the
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personifirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee has failed to submit required docuxnerns that have been requested by the Office of LIEP to complete their license application.
Advantages if Approved:
License application denied as recommended by the Office of LIEP.
DisadvanW ges If Approved:
None.
Disadvantages If Not Approved:
License application approved against the recommendation of the Office of LIEP.
otal Amount of
Transaction:
Funding Source:
CosVRevenue Budgeted:
Activity Number:
CQd�� �2�2?rr� �`csrt}9C
Finaneial Information: I A N 2� 2�iD�
(F�cplain) JFl
OFFICE � I'HE CITY ATTORNEY
Mnm�e[J. Cen�antes, CityAtrorney
C�j��v.1
CITY OF SAINT PAUL
RnnAy G Ke![y, hfa}'or
January 12, 2005
Civi( pivision
400 Ci(}' Half
15 West Kello�g B6�d.
Snint Pnul, blinrsesota Si102
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Owner/Manager
A Rebours
410 Saint Peter Street
St. Paul, MN 55102
Telephone: 651266-87l0
Facsimile: 651298-5619
RE: Liquor Outdoor Service Area (Sidewalk) License application submitted by Ausslab, LLC,
d/b/a A Rebours for the premises located at 410 Saint Peter Street in Saint Paul
License ID #20040002403
Dear SirlMadam:
The Office of License Inspections and Environmental Protection (LIEP) has
recommended adverse action against Liquor Outdoor Service Area (Sidewalk) License
application submitted by Ausslab, LLC, d/b(a A Rebours for the premises located at 410 Saint
Peter 5treet. The basis for the recommendation is as follows:
On December 13, 2004 you received a letter from the Office of
License, Inspectiou and Environmeutal Protection stating that
your license application was on hold because your license application
was incomplete. They requested 1)a site plan showing the sidewalk
cafe area (placement of tables and chairs); 2) a written plan on hotiv
you intended to insure that alcoholic heverages were consumed only
by patrons of the establishment who are of age and not by passersby
or persons who are not of age or obviously intoxicated.
You were given until December 20, 2004 to submit these documents.
As of today's date, the documents requested have not been received.
The recommendation will be to deny your license application until such time as the requested
documents are received and approved by the Office of LIEP.
AA-ADA-EEO Employcr
A Rebours
January 12, 2005
Page 2
At this time you have three options on ho�v to proceed:
����
1. If you do not dispute the above facts but wish to proceed with your license
application, you may submit the requested documents to the Office of License,
Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300, Saint
Paul, Minnesota, 55102 no later than Monday, 3anuary 24, 2005. Information should
be directed to the attention of Christine Rozek.
If you do not dispute the above facts piease send me a letter with a statement to that
effect. The matter will then be scheduled for a hearing before the St. Paul City
Council to determine what penalty, if any, to impose. You « have an opportunity to
appear and speak on your own behaif, or to have someone appear there for you. The
recommendation from the licensing office is denial of your license application until
such time as the requested documents are received and approved.
3. If you no longer wish to do obtain a Liquor Outdoor Service Area (Sidewalk) License,
you may withdraw your application. That request should be made in writing to the
Office of License, Inspection and Environmental Protection.
Please let me know in writing no later than Monday, January 24, 2005, how you
would like to proceed. If I have not heard from you by that date, T wili assume that you are
not contesting the facts of the violation. The matter will then be scheduled for the St. Paul .
City Council and placed on the Consent Agenda during which time no discussion is allowed
and your license application will be denied.
If you have any questions, feel free to call me or have your attomey call me at 266-8710.
Sincerely,
���//�/..('C`l� �P�i+.��1
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Ms. Sheila Lynch, Director, CapitolRiver Council/District #17, 332 Minnesota Street,
Suite W 1222, St. Paui, MN 55101-1314
AA-ADA-EEO Employcr
p5
STATE OF NIINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGIIAN McGIVERN, being first duly sworn, deposes and says that on January 12, 2005,
she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing
true and correct copies thereof in envelopes addressed as follows:
Owner/Manager
A Rebours
410 Saint Peter Street
St. Paul, MN 55102
Ms. Sheila Lynch, Director
CapitolRiver Council/District #17
332 Minnesota Street, Suite W1222
St. Paul, MN 55101-1314
(which are the last known addresses of said persons) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
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Subscribed and sworn to before me