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05-226Council File # � � °�� Crreen Sheet # �� S� PKESENTED BY REF'EE[RED TO CO'�1MITTEE: DATE i WHEREAS, adverse action was taken against ali licenses held by A M Investors, Inc., 2 d/b/a Pickles (License ID#20020002577) for the premises located at 1082 Arcade Street in Saint a Paul by Notice of Intent to Suspend Licenses dated February 17, 2005, alieging a three (3) day 4 lapse in liquor liability insurance coverage from November 7, 2004 to November 10, 2004; s and, s 7 8 s io ii iz 13 14 is 16 WHEREAS, the licensee has not contested the allegations; and WHBREAS, the Office of Licenses, Inspections and Environmental Protection recommends a ten (10) day suspension of ail iicenses; now therefare be it RESOLVED, that alllicenses held by A M Investors, Inc., dlb/a Pickles (License ID #20020002571) for the premises located at 1082 Arcade Street in Saint Paul, are hereby suspended for a period of 10 days. Said suspension to begin at 12:01 a.m. on Wednesday, Apri16, 2005, and continue until I 1:59 p.m. on Friday, Apri115, 20Q5. - i v This Resolution and the action taken above aze based upon the facts contained in the ia February 17, 2005, Notice of Intent to Suspend Licenses letter sent to the licensee and nauments is made at the public hearing on March 16, 2005. The licensee does not dispute the facts of the zo violation. Requested by Department of: �-i'cP BY � �S, � i�!1�1Ai01U�k�.<i YI '�' 4.J' Form Approved 6y City Attorney �� Adoption Certified by Council Secretary By: —�� Approved by RESOLUTION CITY OF SAINT PAUL, MINNESI�TA � - t v u Approvgd Mayor Eor S mi s�n to By: Adopted by Council: Date /1��/�r� / � �pp-�r oS-��v � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet OepartrneMloffice/wuncil: Date Ini6ated: �p — Licrnse/[nspectiunlEnviron 2 rot o,-�a-05 Green Sheet NO: 302548Q Contact Person 8 Phone: Rachel Gurnierson 266-8710 Must Be on Councii Agen � 0 �c n p� V ps.sig� 1 ice se/[ns �on/EnvironPro e artme tDirect r Numbe[ Z ; ttorne For 3 r's � e � a orlAS i tanc Routing Order 4 c 1 5 i Ce � �� Total # of Signature Pages,_ (Cfip All Locations for Signature) � AMion Requested: Apptoval of the attached resolution to take adveise against all licenses held by A M Investors, Inc., d/b/a Pickles (License ID #20020002577) for the premises located at 1082 Arcade S4eet in Saint Paul. idations: Approve (A) or R� Plan�ing Commission CIB Committee Civil Service Commission Contrects Must Mswer 1. Has this personffittn ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee? - Yes No 3. Does this person/firm possess a skill not nortnaily possessed by any current aty empioyee? Yes No Expfain all yes answers on separate sheet and attach to green sheet initiating Problem, lssues, OppoKUnity (Who, What, When, Where, Why): Licensee had a three (3) day lapse in hquor liability insurance covezage from November 7, 2Q04 to November 10, 2004. AdvantageslfApproved: Ten (10) day suspension as recommended by the Office of LIEP in compliance with St. Paul Legislative Code Section 409.26. DisadvantageslfADproved: None. Disadvantages If Not Approved: Transaction; Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Numher: ��!.� �E?�°e�3Ch tiB�S' ''. �= l�l�n�. OFFICE OF THE CITY ATTORNEY Manuel J. Cervarttu, Ciry Attorney os-a�� CITY OF SAINT PAUL c;v�iD,v,s,o� RandyC.Ke11y,Mnyor 400CiryXatl Telephone:651266-8770 ISWestKeliogg8lvd. Fatsimi(e:6N298S619 Sairt[ Paul, bfirtrsesota 55102 �rra March 1, 2005 NOTICE OF COUNCIL HEARING Pvlr. Gene Neuspickle Pickles 1082 Arcade Street St. Paul, MN 55106 RE: All licenses held by A M 7nvestors, Inc., d/b/a Pickles for the premises located at 1Q82 Arcade Street in Saint Paul LicenseID #20020002577 Dear Mr. Neuspickle: Please take nofice that this matter has been set on the Public Hearing Agenda for the City Cauncil meeting scheduled for 5:30 p.m., Wednesday, March 16, 2005, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution 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 three (3) 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 recommendarion of the license office is a ten (10) day suspension of all licenses. If you have any questions please feel &ee to contact me at 266-8710. Very huly yours, � �� , achel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP fNlary Erickson, Assistant Council Secretary, 310 City Hall Mr. Gene Neuspickle, 1084 Arcade Street, St. Paul, MN 55106 Ms. Leslie McMurray, Executive Director, Payne Phalen District i Planning Council 1014 Payne Avenue, St. Paul, MN 551013933 AA-ADA-EEO Employer o�-aa` Licensee Name: Address: Council Date: Violation: Date of Violation: UNCONTESTED LICENSE MATTER A M Investors, Inc. d/bla Pickles 1082 Arcade Street, St. Paul, MN 55106 Wednesday, March 16, 2005 @ 5:30 p.m. Three (3) day lapse in liquor liability insurance coverage in violation of Saint Paul Legislative Code §409.26 November 7, 2�04 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten (10) day suspension of all licenses. Attachments: 1. 2. 3. Proposed resolution Notice of Violation dated 02l17/05 Fax from Gene Neuspickle requesting a Public Hearing dated 02128/05 os - �a� CITY OF SAINT PAUL Randy C Kelly, �Lfn}�or OFFICc vF THE CITY A7TORNEY A/nnset J. Cen�nntes, Ciry Civi! Dixision 40Q Ciry Ha11 15 West Xelfogg Bl ��d. Saint Pt�u{ dlinnesora Si10? Telephorze: 65! 266-5710 Fncsimile: 65( ?9y-5619 February 17, 2005 NOTICE OF INTENT TO SUSPEND LICENSES O�vner/Manager Pickles 1082 Arcade Street St. Paul, MN 55106 RE: All licenses held by A M Investors, Inc. dlb/a Pickles for the premises located at 1082 Arcade Street in Saint Paul License ID #: 20020002577 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEF) has recommended adverse action against all licenses held by A M Investors, Inc. d!b/a Pickles for the premises located at 1082 Arcade Street in Saint Paul . The basis for the recommendation is as follows: On November 15, 200A, the Office of License, Inspection and Environmental Protection received a faxed copy of your revised certificate for liquor liability insuraace from your iusurance carrier. It shorved an effective date of November 10, 2004. Your insurance carrier stated they were unable to backdate coverage to November 7, 2004. The policy was signed on November 10, 2Q04, therefore, the issue date must remain November 10, 2004. This leaves a lapse in coverage from November 7, 2004 to November 10, 200-1. The recommended penalty for this violation is a 10 day suspension of all of your licenses. AA-ADA-EEO Employer Pickles February 17,2005 Page 2 At this time, you have two options on how to proceed: as - aa� If you do not dispute the above facts please send me a letter with a statement to that effect no later than Monday, February 28, 2005. The ma[ter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. 2. On the other hand, if you wish to dispute the above facis, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you are contesting the facts no later than Monday, February 28, 2005. You �vill then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. Please let me knorv in writing no later than Monday, February 28, 2005, hotiv you would like to proceed. If you have not contacted me by then, I will assume that you are not contesting the facts. I will then schedule this matter for the St. Paut City Council and have it place on the Consent Agenda during which no public discussion is allowed and your licenses wili be suspended for 10 days. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. Sincerely, �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Mr. Gerald E. Neuspickle, 2715 Midvale Place, Mapiewood, MN 55119 Ms. Leslie McMurray, Executive Director, Payne Phalen District S Plannin� Council 1014 Payne Avenue, St. Paul, MN 55101-3933 AA•ADA-EEO Employer S0'd ��r �� L6 l�� lm �,�, Z£:ST S20Z-6z-E3� DS - aa� ' � y' rl�t�'�e l S �-evl� ��j�rt�j �e. �� J� `�'aY7�c� p 4J��rr � O ,� �3 r �-(��-e5 16cc��2 Gj��tG� Yt�/ �a72iP-4` ��y5� � :j !/t ��7`� 2 �� li � I"IV`f �"S��l`�- �ie. �cz�"5 f`�'t � �-- fe7'�� 7' yo�t`c/e �Q�t`�" Y�'�� 26� � a.✓au �c� 1�'� e� �o b�-�a�-�. 7�h �. � ��1 �� ~ f �p�� I b�-��1�. �� R��EIVED �� ;��- F E B 2 8 2005 �l�'Y ATi�R�l�Y t:d 6tssesz:oi :woa� dza:Ea sea2-az-e_� os - aa� STATE OF MINNESOTA } ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COLINTY OF RAMSEY ) MEGHAN McGIVERN, being first duly sworn, deposes and says that on February 17, 2005, she served the attached NOTICE OF INTENT TO SUSPEND LTCENSES by placing true and correct copies thereof in envelopes addressed as follows: ,• Owner/Mana�er Pickles 1082 Arcade Street St. Paul, MN 55106 Mr. Gerald E. Neuspickle 2715 Midvale Place Maplewood, MN 55119 Ms. I.eslie McMurray, Executive Director Payne Phalen District 5 Planning Council 1014 Payne Avenue St. Paul, MN 55101-3933 (which aze the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. /1!.�'!/ J.i ��1 � �, . � MEGHAN McGIVERN Subscribed and sworn to before me this 17th day of February, 2005. �� ;'i ' ' -�-� � - j:; � % ' r �%v ,/%/ �r�-1.9,G'�v�� r � Notary Public RITA M. 60SSARD NDTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31. 2 0 7 0