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05-225/��Yis��d /-��it, i �3, aoas RESOLUTION OF 5AIlXT PAUL, MINNESOTA Presented By Refened To Council File # � S a a s Green Sheet # _3026034_ Committee: Date 2 WHEREAS, Fasika, Inc., d/b/a Fasika Ethiopian Restaurant (License ID#20010000419) 3 located at 510 Snelling Avenue North in Saint Paul received a Notice of Violation dated 4 August 17, 2004, for a lapse in liquor liability insurance; and 5 6 WfIEREAS, the presumptive penalty contained in Saint Paul I.egislative Code §409.26 7 for an insurance lapse is a ten-day closure; and 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, the Saint Paul City Council finds that there is a basis to depart downward from the presumptive penalty based upon the fact that the licensee made a good faith attempt to secure liability insurance and the inswance company failed to renew the policy; and WEIEREAS, the licensee acknowledges the lapse, now, therefore, be it RESOLVED, that the Malt On Sale (Strong) and Wine On Sale licenses held by the Fasika's Inc., d/b/a Fasika Ethiopian Restaurant for the premises located at 510 Snelling Avenue North are hereby suspended for a period of five (5) days. Said suspension to b�gin-arf-2-0r� . . , , . � �{"Ff2f1�il�FGl �� i;i� Requested by Department of: Adoption Certified by Council Secretary By: Apps By: sr: �Jv�uo � ��-�"Z.� Form Approved by ity Attorney By:�� ved by Mayor for Submission to Council Adopted by Council: Date / �� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 0.� — �� S DepartmenUoffice/council: DMe Initiated: LP — LicrnseJ[nspection/EnvironProt 23-FEB-05 Green Sheet NO: 3025351 Corrtact Person 8 Phone• - Deoartment Sent To Person InitiaVDate Vrginia Palmer � 0 i n n nvir n Pr 266-8710 (�j9 1 icense/[ns eMion/Environ Pro De artment DireMOr Must Be on Council qgenda b(Date): Number 2 � A �� • 3 Fo� �f0 Ro �� 9 3 a or's Otfice MavoNAssistant Order 4 ouncil 5 i Clerk Citv Clerk ToWI # of Signature Pages _(Clip NI Loeations for Signature) Action Requested: Approvai of the attached resolurion to take adverse action all licenses held by Fazika, Inc., d/b/a Fasika Ethiopian Restaurant (License ID#20010000419) for the premises located at 510 Snelling Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission t. Has this personlfirm ever worked under a conUact for this department? CIB Committee Yes No Civil Service Commission 2. Has fhis person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any i 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 a twenty-nine (29) day lapse in liquor liability insurance coverage from July 1, 2004 to July 29, 2004. AdvantapeslfApproved: Twenty (20) day suspension of all licenses as recommended by the Office of LIEP. DisadvantageslfApproved: None Disadvantages If Not Approved: Total Amount of CosVRevenue Budgeted: Transaetion: Funding Source: Activity Number. � Financial Information: (Explain) os - ��S CITY OF SAINT PAUL Randy G Kelly, Mayor August 17, 2004 OFFIC. � THE CITY ATTORNEY Manuel l. (,ervantes, Ciry Attomey civit Divisioa 400 Ciry HaII IS 1Vest Kellagg B[vd. Sairtr Pau(, Minnesota i5103 Telepfione: 651 ?66-8710 F¢rsimile: 651298-�619 NOTICE OF VIOLATION Owner�anager Fasika Ethiopian Restaurant 510 Snelling Avenue North Saint Paul, NIN 55105 RE: Ail Licenses held by Fasika, Inc. d/b/a Fasika Ethiopian Restaurant, for the premises located at 510 Snelling Avenue North in Saint Paul License ID #: 20010000419 Deaz Sir Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the above referenced licenses. The basis for the recommendation is as follows: Your liquor liability insurance was cancelled effective July 1, 2004. Although you have submitted proof of replacement coverage, it did not become effective until July 30, 2004, leaving a 29-day lapse in coverage. The presumptive penalty for a violation involving lapse in liquor liability coverage is a ten-day suspension of your licenses. At this time you have two options on how to proceed: If you do not dispute the above facts, but wish to have a public hearin� before the Saint Paul City Council to discuss the appropriateness of the penal[y, you will need to send me a letter with a statement admitting the violation and requestin� a public hearing. We will need to receive your letter by Friday, August 27, 2004. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer os -a�s �asika August 17, 2004 Page 2 2. If you do dispute the above facts, a hearing will be scheduled before an Administrative I.aw Judge. At that hearing both you and the City wi11 be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by letter, and I will take the necessary steps to schedule the administrative hearin�. I can be reached at 266-8710. If we have not heard from you by Friday, August 27, 2004, we will assume that you do not contest the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. If you have any questions about these options, please feel free to contact me. Sincerely, �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of L,IEP Hamline Midway Coalition, 1564 Lafond Avenue, Saint Paul, MN 55104-1832 AA-AUA-EEO E: :;.iuyer oS- a�S STATE OF NIINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGFIAN McGIVERN, being first duly sworn, deposes and says that on August 17, 2004, she served the attached NOTICE OF VIOLATION by placing true and correct copies thereof in envelopes addressed as follows: Owner/Manager Fasika Ethiopian Restaurant 510 Snelling Avenue North Saint Paul, MN 55105 Hamline Midway Coalition 1564 Lafond Avenue Saint Paul, MN 55104-1832 (which aze the last known addresses of said people) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � I c�� ll, �_-- _... . Subscribed and sworn to before me i,''i:;i��VE �'u. CLEMEMS � NO iAiYt Pt,'811C - tdINNES07A MY COAIMiSSION •..+•• EXPIRES JAA'. 39, 2005 OFFICE OF THE CITY ATTORNEY Manue[J. Cervnntes, CiryAtrorney O �� ^ 1� �pi CITY OF SAINT PAUL Randy C. Kel[y, May'ar Civi1 Divitiors 400 Ciry Ha7[ 1 i West Kel[ogg Blvd. Sairst P¢ul, Minnuota 5510? Telephone: 651266-8710 Facsimile: 651 298-5619 Mazch 9, 2005 NOTICE OF COUNCIL HEARING Owner/Manager Fasika Ethiopian Restaurant 510 Snelling Avenue North St. Paul, MN 55105 RE: All licenses held by Fasika, Inc., d/b/a Fasika Ethiopian Restaurant for the premises located at 510 Snelling Avenue North in Saint Paul License ID #20010000419 Dear Sir/Madam: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for 5:30 p.m., W ednesday, March 16, 2005, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolurion and other documents which will be presented to the City Council for their consideration. This is an uncontested matter in that the facts concerning the riventy-nine (29) day lapse in liquor liability insurance coverage have not been disputed. This matter has been placed on the public hearing agenda portion of the City Council meering, during which public discussion is allowed. The recommendation of the license office is a twenty (20) day suspension of all licenses, based upon a prior insurance lapse. If you have any questions please feel free to contact me at 266-8710. Very truly yours, �� tt'ri ��^..� Virginia DYPalmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP �/Mary Erickson, Assistant Council Secretary, 310 City Hall Atnafu Yeshidagne, 10016 Pillsbury Avenue South, Bloomington, MN 55420 Jun-Li Wang Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 AA-ADA-EEO Employer oS- aas� Licensee Name: Address: Council Date: UNCONTESTED LICENSE MATTER Fasika, Inc., d/b/a Fasika Ethiopian Restaurant 510 Snelling Avenue North in Saint Paul Wednesday, March 16, 2005 @ 5:30 p.m. Violation: Twenty -nine (29) day lapse in liquor liability insurance coverage in violation of Saint Paul Legislative Code §409.26 Date of Violation: July 1, 2004 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Twenty (20) day suspension of all licenses. Attachments: 1. 2. 3. Proposed resolution Notice of Violation dated August 17, 2004 Fax from Atnafu Yeshidagne requesting a Public Hearing dated 8/26/04 08/26!2004 15 27 FAX 6516997031 FEO EH KINKOS «OS03 � 002/004 � i�a �3� �nro��ao ��saurar� . stor. s�u��n��. s� r.W, M�� ssiw �ss�� c4c a�a� p,ugusc 26, 2004 Vergmia D. pelms Assistant City Atrainey 400 Clty Hall 15 W. Kellogg B]vd. St. Paul, MN, 55102 Deaz Verginia, s I am writmg this Iq2er to appeal the 10 days su.apeacion on Fasiks Et3uopim Res�umt 2Lere wa9 Lepse wi[h Fssikas. Liqums liability Inswance be�ue of miss C�imi�tions between ma mmd The Insw�ance Agen�y. Siacerely, L Amafu Yesh�dagne Presidrnt and CO-Owner RUG-25-2004 15�31 65169�'7631 S6i P.62 Council File # 0 � ' C� �'� Green Sheet # J�' s3 5 / PRESEIVTED BY REFERxEn To COIKNIITTEE: DATE 1 WIIEREAS, adverse acrion was initiated against all licenses held by Fasika, Inc. d/6/a Fasika z Ethiopian Restaurant (License ID#20010000419) for the premises located at 510 N. Snelling Avenue in 3 Saint Paul by Notice of Violation dated August 17, 2004, alleging a 29-day lapse in liquor liability 4 insurance from July 1, 2004 through July 29, 2004; and 6 WHEREAS, Licensee aclmowledged that lapse in insurance but attributed it to miscommunicarion v with his insurance agent; and S 9 WHEREAS, the Office of LIEP had inirially recommended a ten-day suspension of the licenses due io to the fact that the prior insurance lapse was outside of a twelve-month period and did not cause this incident ii to be treated as a second violation under the penalty mah in Saint Paul Legislative Code §40926; and iz 13 WHEREAS,CityCouncilpassedaresoluriononDecember18,2002(CF02-1156)whichsuspended 14 the licenses held by Fasika, Inc. for a period of ten days but stayed the suspension for twenty-four months 1s on the condition that there be no further insurance violations; and 1s 1v WHEREAS, this violation falls within that twenty-four month period; now therefore be it is is RESOLVED, that all licenses held by Fasika, Inc. d/b/a Fasika Ethiopian Restaurant (License ID zo #20010000419) for the premises located at 510 N. Snelling Avenue in Saint Paul aze hereby suspended for ai a period of twenty days, said suspension to begin at 12:01 a.m. on Wednesday, Apri16, 2005 and continuing 22 until 11:59 p.m. on Monday, Apri125, 2005. 23 z4 This Resolution and the acrion taken above are based upon the facts contained in the August 17, 2004 z s Notice of V iolation letter sent to the licensee, his August 26, 2004 reply, the action taken by Council under 2s CF 02-1156 and such areuments as were made at the public hearinQ on March 16 2005 Adopted by Council: Date Adoption Certi£ied by Council Secretary Byc Approved by Mayor: Date By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Requested by Department of: By: C.� TJ l�""LLJV