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05-290Council File # o5-a°t0 Green Sheet # � V °� ,) 0� � RESOLUTION CITY OF S�NT PAUL, MINNESOTA 3Z � Presented By Referred To Committee: Date WI�REAS, adverse acrion was uritiated against all the licenses held by Tom A. Terlizzo, dlb/a Terlizzo (License ID#20000005383), for the premises located at 821 Raymond Avenue by Notice of Intent to Suspend All Licenses dated March 9, 2005, for non-payment of a$2,000 fine and a$4,200 administrative penalty assessed by City Council on November 17, 2004; and WHEREAS, licensee did not respond to the l�otice of Intent to Suspend All Licenses or make the payment of the fine and administrative penalty; and WHEREAS, the Notice ofIntent to Suspend All Licenses stated that if the licensee failed to respond or pay the fine and administrative penalty by Mazch 21 2005, that the matter would be placed on the consent agenda for suspension of all licenses, now, therefore, be it RESOLVED, that all the licenses held by Tom A. Terlizzo, d/b/a Terlizzo (License ID #200000053$3) for tlie premises located at 821 Raymond Avenue are hereby suspended. Yeas Navs Absent Requested by Department of: senanav �n�� L �' L P —�— Adopted by Council: Date .�`i�Yl � lo �v�v � Adoption Certified by Council By: _� Approved By: _ BY� l_i0.M�!/�m,el �"7 I�Z`;,�L'_. � � Form Approved by City Attorney � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DeparfmenUofflce/wuncil: Date Irritiated: � ��J �P -����s�ao,�n���� ��- Green Sheet NO: 3025865 ContaCt Person 8 Phone: Virginia Palmer Must Be on Council Agenda � Deaartment Sent To Person 0 i en e/In ecti n/En 'r n ro ASSign 1 i ense/Ins ec[io nviron Pro De artment Dir tor NUmbeY 2 orn For Routing 3 a or•s Ofiice Nfa orf sist nt p��� 4 uncil 5 i CI rk Citv Clerk Totai # of Sig�ature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolution to take adverse action against all licenses held by Tom A. Terlizzo, d/b/a Terlizzo (License ID #20000005383) for the premises located at 821 Raymond Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civi1 Sernce Commission Personal Service Contracts 1. Has this person/firm ever worked under a contract for this tlepartment? Yes No 2. Has this persoNfirtn ever been a aty emptoyee? Yes No 3. Dces this person/firm possess a skill not normally passessed by any current city empioyee? Yes No Explain all yes answers on separate sheet and attach to 9reen sbeet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): � Licensee :ailed to pay the �2,000 fine and $4,200 administrafive penalty assessed by City Council on November 17, 2004. AdvantageslfApproved: ' Licenses suspended as recommended by flte Office of LIEP. DisadvantaAeslfApproved: None. DisadvanWges If Not Approved: Licenses not suspended against the recommendation of the Office of LIEP. � "otal Amouni of Transaction: Fundinp Source: Financial InformaGon: (Explain) CosURevenue Budgeted: ActivitY Number: CaO�°1 �^t°���'rll PQ°�� � ' al lk' QFFICE OF THE CITY ATTORNEY y Manuel J. Cervantes, CityAtrorney b5 - � �/ CITY OF SAINT PAUL RnnAy C. Kelfy, bfnyor +Yr March 9, 2005 CivilDiiision 400 Ciry� Hatt IS West Kel[ogg Blyd. Saint Pnut, Sfinnesotn 55IO2 Tetephone: 651 26b-8710 Fncsimile: 65! 298-56I9 NOTICE OF INTENT TO SUSPEND ALL LICEN5ES Thomas A. Terlizzo Terlizzo's 821 Raymond Avenue St. Paul, MN 55114 RE: All licenses held by Tom A. Terlizzo, Raymond Avenue in City of Saint Paul License ID #: 20000005383 d/b/a Terlizzo for the premises located at 821 Dear Mr. Terlizzo: The Office of License Inspections and Environmental Protection (LIEP} has recommended adverse action against ali licenses held by Tom A. Terlizzo, d/b/a Terlizzo for the premises located at 821 Raymond Avenue in City of Saint Paul. The basis for the recommendation is as follows: On January 19, 2005, a letter was sent to you by the Office of LIEP stating that the $6,200 fine and penalty assessed by the Saint Paul City Council (CF #04-1095) for the violation of sale of liquor without a license has not been paid. This amount was due by January 31, 2005. As of today's date, the Of£ce of LIEP has not received payment of the fine aud penalty assessed. The recommendation of the licensing office will be for suspension of all your licenses until the $6,200 in fines and penalties have been paid. AA-ADA-EEO Empioyer Terlizzo March 9, 2004 Page 2 At this time you have two options: 1. You can submit the �6,200 for the assessed fine/penalty imposed by City Council to the Office of License, Inspections and Environmental Protection at 350 5aint Peter Street, Suite 300, Saint Paui, Minnesota, 55102 no later than Monday, March 21, 200�. Information should be directed to the a[tention of Christine Rozek. A self-addressed envelope has been included for your convenience 2. On the other hand, if you wish to dispute the above facts, 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, March 21, 2005. You will then be sent a"Notice of Aearin�," so you will know when and where to appear, and what the basis for the hearing wi11 be. r _ ' �l Piease let me know in writing no later than Monday, March 21, 2005, how you wouid like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts of the violation. Tbe matter will then be scheduled for the St. Paul City Council and placed on the Consent Agenda during which no discussion is ailowed and your licenses will be suspended. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, � -� � ��,�.�, � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Ms. Melissa Mathews, St. Anthony Park Community Council, 890 Cromwell Avenue St. Paul, MN 55114-1599 Mr. Tom Terlizzo, 1049 Pondview Court, Vadnais Heights, �IN 55127 AA-ADA-EEO Empioyer o�-�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) MEGHAN McGNERI3, being first duly swom, deposes and says that on March 11, 2005, she served the attached NOTICE OF INTENT TO SUSPEND ALL LICENSES by placing true and cozrect copies thereof in envelopes addressed as follows: Thomas A. Terlizzo Terlizzds 821 Raymond Avenue St. Paul, MN 55114 Mr. Tom Terlizzo 1049 Pondview Court Vadnais Heights, MN 55127 Ms. Melissa Mathews St. Anthony Fark Community Councii 890 Cromwell Avenue St. Paul, MN 55114-1599 (which are the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ��;�! � ., it. A� ��,. Subscribed and sworn to before me this l lth day of March, 2005. Notary Public JOAiJr1E G. CLEMENTS lyOTARY PUBLIC - MIN f�SOTA MY COMIv1�SS10N EXPiRES JAN.31, 201 0 Cb-53�3 Cv CITY OF SAINT PAUL Randy C. Kel[y, M¢yar 7anuary 18, 2005 Thomas A. Terlizzo Terlizzo's 821 Raymond Avenue Saint Paul, MN 55114 RE: License Penalty/License Fees Dear Mr. Terlizzo: OFFSCE OF UCENSE, INSPECTIO�S AhD E.W(RONMENTAL P(tOTECT[�Y J¢neen E. Rosas. D"vectnr LOWRY PROFESSIONAL BUILDNG 350 St. Pefer Street, Suite 300 Saint Paul, Minnuota 55103-lS/0 p5-�,�D TefepGoi:e: 65l-256-9090 Faaiiaife: 651-T 66-9J24 {Veb: w�vwliep.us On December 22, 2004, the Office of License and Inspections provided you with inforniation regarding the process for appealing a City Council action. On November 17, 2004, the Saint Paul City Coimcil assessed a$2,000.00 fine and an administrative penalty of $4,200.00 for the violation of sale of liquor without a license. The fine and penalty were due on December 17, 2004. The Office of License and Inspections has not received notice of an appeal nor has the fine or penalty been paid. The Office of License and Inspections must receive either an officia] notice of an appeal or payment of the fine 1nd penalty by January� 31, 2005 to avoid further license action which coutd include ciosure of your establishment untit the fees are paid. In addition, the check that was submitted for the renewal of your restaurant license has not been paid by your bank. License fees are due in the amount of $465.00 (�450.00 plus a $15.00 returned check fee). These fees must be paid in cash or money order to avoid fitrther license action. Final(y, please be advised that you have been given notice that catering does require a license. If you are catering, you must immediately complete the documents and pay the fee necessary to obtain a license. If you have any questions, I can be reached at 651 2b6-9108. Sincerely, �,�� �} ��-r,t�/ a Christine A. Rozek Deputy Director CAR/lab AA-ADA-EEO Employer