05-369CouncIl File # ��� � /
Green Sheet # �.�
RESOLUTION
SAINT PAUL, MINNESOTA
PRESENTED BY
REFEEt1iED TO
COMrIITTEE: DATE
2�,1
1 WFIEREAS, the City of Saint Paul, on April 13, 2005, received a Notice of License Revocation from the
2 State of Minnesota stating that BKS, Inc., d/b/a Benjamin's Restaurant & Lounge (License ID#0035748) for the
3 premises located at 111 Kellogg Boulevard East in Saint Paul, owes delinquent taYes to the State of Minnesota; and
4
5 WHEREAS, BKS, Inc., d/b/a Benjamin's Restaurant, has a Liquor on Sale - Sunday license; a Liquor On
6 Sale - Over 100 seats (B) license; Restaurant (B) more than 12 seats license and False Alam�s license for the
� premises located at 111 Kellogg Boulevazd East in Saint Paul; and
8
9 WFIEREAS, Minn. Stat. §270.72, subd. 1 zequizes the revocarion of any license for the conduct of a
lo profession, occuparion, trade, or business held by an applicant who owes more than $500.00 in delinquent tases or
11 has not filed retums; and
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WHEREAS, under said statute the State of Minnesota must norify the applicant of the intent to require
revocarion of such license, and of theu right to a hearing; and
WHEREAS, a hearing under this statute is expressly provided to be in lieu of any other hearings or other
proceedings required by law, which would include the hearing provisions of Saint Paul Leaslarive Code §310.05;
and
WHEREAS, the City has agreed with the Department of Revenue that the defmirion of "revoke° as used in
the statue is procedurally the same as the process used by the Ciry of Saint Paul for a license suspension; and
WHEREAS, the license suspension must be unplemented within thuty (30) days of receipt of the Notice of
Tax Liability, and is in effect until the Commissioner issues a tax clearance certificate; and
WHEREAS, no tax cleazance certificate has been fonvazded to the City of Saint Paul, Office of LIEP, by
either the applicant or the Commissioner of the Minnesota Depamnent of Revenue; now therefore, be it
RESOLVED, that all licenses held by BKS, Inc., d/b/a Benjamin's Restaurant & Lounge, located at 111
Kellogg Boulevazd, aze hereby suspended immediately and will not be reinstated unril such time as the City of Saint
Paul has received a tax clearance certificate from the Comnrissioner of the Minnesota Deparhnent of Revenue, and
has given written notice to ffie licensee of the lifting of his suspension.
D5�3�
� Gceen Sheet Green Sheet Green Sheet Green Sheet �reen Sheet Green Sheet �
Department/office/wuneii: Date IniGated:
LP — U��sellnspecrion/EnvironProt ,�-.�R-0S Green Sheet NO: 3026154
Contact Person 8. Phone• Deoartment Sent To Person Initial/Date
Rachel Gunderson � 0 ice se/In ection/Environ Pro
266-8710 - A55ign 1 icense/[ns eMion/EnvironPro � De artmentDirecmr
IY�ust Be on Council Agenda by (D Number z i Attorn
C u For
ROUting 3 a�or's Oftice � bia odASSi4ant
O�de� 4 ouncil I
5 Citv Clerk � Citv Clerk
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against all licenses held by BKS, Inc. d/b/a Benjamins Restaurant &
Lounge (License ID#0035748) for the premises located at 111 Kellogg Boulevard East in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Corrimittee Yes No
, Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skiil 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 owes delinquent taxes to the Minnesota Department of Revenue.
Advantaaes If Approved:
Compliance with Minn. Stat. 270.72, subd.l regarding delinquent taxes.
DisadvantapeslfApproved:
None.
. hf n
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P
n � A
Disadvantages If Not Approved: � f'
No enforcement for non-payment of taxes to the MN Department of Revenue. ��
A p� � o
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Totai Amount of CostlRevenue Budgeted: ,
Transaction:
Funding Source: Activity Number. . � " "
Financial information: -- �
(Explain)
NII1V �SOTA Department of Revenue "
Notice of License Revocation
April 11, 2005
I�I�I��I,i��„illl,�,��l,l���ll�ll����,ll�l��ll�l��l�l,�l���ii
City Of St Paul
LIEP Main Office
350 St. Peter St #300
St. Paul, MN 55102-1614
The following taxpayer has an overdue liability:
Taxpayer name: BKS INC
Taic D number: 1779720
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Under Minnesota law, you must revoke the following license by May 12, 2005.
License holder: B K S dba Benjamin's Restaurant
License renew date: 07/16/OS
License name: On Sale including Sunday - City
License number: 0035748
Once the delinquency has been resolved, we will send you a cieazance certificate.
If you have any questions, please call (651) 556-6360 or (651) 556-6374.
Contact: STATE OF MINNESOTA
Enforcement Crroup 3 Commissioner of Revenue
PO Box 64447 - LJA
Saint Paul, MN SSlb4-0447 by: �1� ��
This notice sent in accordance with Minnesota Statute 270.72, 349A.06, or 349.155
subd. 3.
0000555147
An equal opportunity employer lcrevoar2 77Y: Call 711 for ihe Minnesota Relay
www. tatesstate. mn. us/ca Ilect