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05-429Council File # �� T a � PRESE\TED BY REP'EIiRED TO Green Sheet # 3� Y� 3� RESOLUTION CITY OF SAINT PAUL, MINNESOTA `� CO'_hIMITTEEC DATE i WHEREAS, adverse action was taken against all licenses held by New W estern Front, z Inc., d/b/a New Frontier Saloon (License ID# 0014148) for the City of Saint Paul, by a notice s dated Apri120, 2005, alleging failure to pay a$500.00 fine imposed by Council Resolution 4 #OS-215 on Mazch 16, 2005, for a 5�' Degree Assault conviction on October 21, 2004; and s s WFIEREAS, the licensee did not respond to the notice to contest the allegation or pay the v fine; and s s WHEREAS, the notice stated that if the licensee failed to contest the allegation or pay the io fine by May 2, 2005, that the matter would be placed on the consent agenda to impose the ii recommended penalty; now, therefore, be it iz ia RESOLVED, that the all the licenses held by New Western Front, Inc., d/b/a New i4 Frontier Saloon are hereby suspended until such time as the $500.00 fine is paid in full. o.� �a9 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departmentlofficelwunal: Date Initiated: �P ��5��,.�� 04-MAY-05 Green Sheet NO: 3026339 .. Cor�d Person 8 Phone: Denarhnent Sent To Person Initial/Date Rachel Gunderson � 0 ' n/En ' n Pro 266-8710 ' /�jyn 1 'cen ediodEnvirouPro ar[mentDirector . Must Be on Counal i�enda by (Date): Number 2 Atto ev For ROUting 3 or's O ce Ma or/ASSistant Order 4 ouncil 5 ' � Clerk Ciri Clerk -� Total # of Signature Pages _(Clip All Locations for Signature) . Aetion Requested: Approving the attached resolution to talce adverse acrion against all licenses held by New Westem Front, Inc., d/b/a New Frontier ' Saloon for the premises located at 230 Front Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): � Personal Service Contracts Must Mswer the Following Questions: �� Planning Commission 1. Has this person/firm ever worked under a contract for this departrnenY? CIB Committee Yes No � Civil Service Commission 2. Has this personffirtn ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any fi�� , current city employee? Yes No '�� F�cplain all yes answers on separete sheet and attach to green sheet �w�, �� Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): ` Licensee failed to pay the $500.00 fine imposed on Mazch 16, 2005 by Council Resolution #OS-215 for a Sth Degree Assault conviction from October 21, 2004. ' � AdvaMageslfApproved: License suspension as reco�nended by the Office of LIEP. , � Disadvanqpes If Approved: pCnC'1,ED None ��GIiC V ' MAY 0 � 2005 •' Disadvantages If Not Approved: � License not suspended as recoxnmended by the Office of LIEP. ' ToWI Amount of � Trensaction: Cost/Revenue Budgeted: . FundingSource: ActivityNumber. �� Financiallnformation: , (Explain) �� o � �Q� . CIT'Y OF SA1NT PAUL Randy G Ke[ly, May�or Apri120,2005 Gerald Neuspickle New Frontier Saloon 230 Front Avenue Saint Paul, NfN 55117 05- y�9 OFFICE OF THE CITY ATTORNEY Manuel J. �Cervnntu, Ciry Attorney Civi! Division 400 City Hall IS Wut Kelfogg Blvd. Saint Paul, Minnesotn SStD2 Te[ephone: 65! 26G8710 Facsimile: 657 d98-56l9 RE: All Licenses held by New Western Front, Inc., d/b/a New Frontier Saloon for the premises located at 230 Front Avenue in Saint Paul License ID #: 0014148 Dear Mr. Neuspickle: The Office of License, Inspections and Environmental Protection (LIEP} has recommende� adverse action against the above-referenced licenses. The basis for the recommendarion is as follows: On March 31, 2005, the OfFce of License, Inspections and Environmental Protection sent you a letter which included a copy of Council Resolution #OS-215 imposing a$500.00 fine for your 5` degree assault conviction on October 21, 2004. The fine imposed was due by Friday, Apri115, 2005. As of today's date the fine has not been paid. The recommendation by the Office of LIEP is to suspend all of your licenses until the fine is paid. Please make your payment directly to the Office of License, Inspections and Environmental Protection, at 350 Saint Peter Street, Suite 300, St. Paul, MN SS 1Q2 no later than Monday, May 2, 2005. A self-addressed envelope is enclosed for your convenience AA-ADA-EEO Emptoyer OS- �Ya9 New Frontier Saloon Apri120,2005 Page 2 If your fine payment is not made by Monday, May 2, 2005, I will schedule this matter foi the St. Paul City Council and have it placed on the Consent A�enda during which no public discussion is allowed and your licenses will be suspended. If you have any questions, feel free to contact me at 266-8710. Sincerely, t � L� v Rachel Gun erson Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Gerald 13euspickle, 2715 Midvale Place, Maplewood, MI3 55119 AA-ADA-EEO Employer oS- Ha9 STATE OF MINNESOTA ) ) ss. COi]NTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on Apri12Q 2005, she served the attached letter by placing true and correct copies thereof in envelopes addressed as follows: Gerald Neuspickle New Fronrier Saloon 230 Front Avenue Saint Paul, MN 55117 Gerald Neuspickle 2715 Midvale Place Maplewood, MN 55119 (which aze the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. t/ •.... �/�_.. i - - - MEGHAN McGIVERN Subscribed and sworn to before me this 20th day of April, 2005. a otary Public '�� :, � ... * � � �� . �` '�!� • • N �{. � � 05- �a 9 �- �_ OFFICE OF LICENa,., INSPECTIONS AND ENVIRONMENTAL pROTECTION Janeen E Rosas, D'uector CITY OF SAINT PAUL Randy C. KeIIy, Mayor March 31, 2005 New Western Front Inc. New Frontier Saloon 230 Front Avenue Saint Paul, MN 55117 Dear License Holder: � ,. : .. + k - � : � Enclosed is a copy of City Council Resolution Number OS-215 which suspends the On Sale Liquor and supporting licenses issued to you by the City of Saint Paul and imposes a$500.00 fine for the following violations: A conviction of 5"' degree assault on October 21, 2004 ($500.00 fine) and failure to document ownership of the establishment (Suspension). The suspension and fine was adopted by the Saint Paul City Council in final written form at the Council's regular meeting on March 16, 2005. The effect of this notice is that no business operations shall be permitted effective immediately. The license will not be reinstated until such time as the ownership information is received by the Office of License, Inspections, and Environmental Protection. This is a serious matter that demands your adherence. Absolutely no sales, consumption, or display of alcohol shall be permitted at 230 Front Avenue until ownership documentation is received. Also, a fine in the amount of $500.00 is due for the above mentioned offense which is payable no later than the close of business (4:30 p.m.) on Friday, Aprii 15, 2005. Please contact me at 651 266-9108 if you have any questions regarding this matter. Sincerely, �i�� Christine A. Rozek � " Deputy Director CAR/lab : enclosure ca Central District Commander, SPPD Janeen E. Rosas, Director-LIEP Julie Kraus, Legal Assistant Kris Schweinler, Senior License Inspector LOWRYPROFESSIONALBUILDMG Telephone: 651-266-9090 350 St. Peter Street, Suite 300 Facsimi[e: 657-266-9124 Saint Pmel, Minnuota 55102-I510 Web: wvnvltep.us NOTICE OF LICENSE SUSPENSION AND IMPOSITTON OF FINE A A-A Tl A_FF(1 FmrdnvPr o S - y�� (- c�� o� �s�-�,v sY �-, y : : �. .. CO'�II2TEE: DATE i 1 WHEREAS, adverse action was initiated against aIl licenses heid by New Westem Frottt, 2 Inc., d/b!a New Fmntier Salooa (License ID# 0014148} for the premises Iocated at 230 F'ront a Avenue in Saint Panl by Amended 23otice Qf Violation dated 7anuazy 18, 2005 aIIe�ng a 4 convietion for 5�' Degree Assault on October 22, 2004 aad failure to submit required s documentation retatittg to ownership of the establishment; and, s a WI�REAS, the penalty recommendation was for a fine of $500 and a suspension of the a licenses untii paperwork relafing to the ownership is submitted; and, s ' io WHEREAS, Yhe licensee did respond to the Amended Notice Of Violation but failed to iz submit a formal request for a hearing; and, 12 ia WHEREAS, the Amended Notice of Violation stated that if the licensee failed respond by ig January 28, 2005, that the matter would be placed on the consent agenda to impose the is recommended penalty; now, thezefore, be it is � v IZESOL'VED, that aIi licenses held by I3ew Western Front, Inc. d/b/a11Vew Frontia z8 Saloon for the premises Iocated at 230 Front Avenue in Saint Paui aze hereby suspended until is such time as the licensee submits the required documentation on the ownership of the zo establishment. Further, that a fine of $500 is imgosed and Iicensee shalI pay said Sne fo LIEP zi within 30 days o£ passage and approval of this resolution. RESOLUTION �� 'AUL, NIINNESOTA Coiwucil F�e # � " 3r S Gmen Sheet � 3 L/ �