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05-72Council File # _�� Green Sheet # _!� . RESOLUTION CITY OF SAINT PAUL, MINNESOTA PRESEl�'TED BY REFERREn TO 1 z 3 4 s s a a 9 io u iz 13 14 is 16 x� COMbIITTEEt DATE WHEREAS, adverse action was uutiated against the Mobile Pood Vehicle License application submitted by Kamal Tia, d/b/a Kuwa Abdalla (License ID#2004000 1 5 1 6) by Notice of Intent to Deny License dated December 30, 2004, alleging a check submitted for payment of license fees was returned with the notation "Not Sufficient Funds"; and WHEREAS, the licensee did not respond to the Notice o£Intent to Deny License to contest the allegation and did not submit payment for license fees; and WHEREAS, the Notice of Intent to Deny L'acense stated that if the licensee failed to pay the license fees by January 10, 2005 that the matter would be placed on the consent agenda to impose the recommended penalty; now therefore, be it RESOLVED, that the Mobile Food Vehicle License application submitted by Kamal Tia, d/b/a Kuwa Abdalla is hereby denied. �3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP — I.icenseJlnspecGon/Fnviron Prot Contact Person & Phone: Vrginia Palmer 266-8710 Must Be on Council Auen Date Initia 12JANA5 y AssiQn Number For Routing Orde� �12. Green Sheet NO: 3024899 0 i n ns fi nv'r n P 1 �I.icenseJtnsnection/Environ Pro Deoartment Dirermr 2 ' A r 3 avo 's Office hlavorlASSistan 4 un� _ _ _ 5 itv Ierk Citti Cler ToW l# of Signature Pages _(Clip Al l Locations for Signature) Action Requested: Approval of the attached reaoluflon to take adverse acfion against the Mobile Food Vehicle license applicarion submitted by Kama] Tia, d/6!a Kuwa Abdalla (License ID#20040001516). idations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm ever worked under a coMract for this department? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this persoNfirm possess a skill 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 submitted a check with license application that was retumed with the notation "'Not Sufficient Funds". After notificarion, licensee has not responded to the Norice to Deny License to contest the allegation or submit paymenf for license fees. Advanta57es If Approved: License applicarion denial as recommended by the Office of LIEP. DisadvantageslfApproved: None DisadvanWges If Wot Approved: License application approvai against the recommendation of the Office of LIEP. Transaetion: Funding Source: Must Mswer the CosURevenue Budgeted: Activiry Number: ��"� ���°2?�;`3 . Pinancial Information: (Explain) ��� 3, � , OFFIC�. _ F THE CITY ATTORNEY Mnnae(I. Cennntes, Ci1��Aatorney � �� CITY OF SAINT PAUL Randy C. Kel1}�, May�nr civitDivision 400 Ciry� Hrsl! 11 iYesr Kellagg B[rd. Sain! Pmd, Ffinn¢sota S.i1Q2 Telephone: 6i 1266-8710 Fncsirteile: 6i! 298-5619 December 30, 2004 NOTICE OF TNTENT TO AENY LICENSE OwnerlNianager Kuwa Abdalla 6130 Starlite Boulevazd Fridley, MN 55432 RE: Mobile Food Vehicle license heid by Kamal Tia d/b1a Kuwa Abdalla for the premises at 6130 Starlite Boulevard in Fridley, MN License ID #: 20040001516 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the license held by Kamal Tia ci/bfa Kuwa Abdalla for the premises at 6130 Starlite Boulevard in Fridley, MN. The basis for the recommendation is as foilows: On May 10, 2004 you received a notice from Of�ce of License, Inspection and Environmental Protection. The notice stated that the $225.00 check you submitted in Apri12004 was returned with the notation "Not Sufficient Funds" They requested cash, a certified check, cashier's check or money order in the amount of $240.00 which includes $15.00 returned check fee, be brought to their office. They would also accept a credit card payment by phone. As of today's date this amount has ttot been paid. The recommended genalty for this violation is a denial of your license until such time as the fee, including returned check chazges, is paid in full. AA-ADA-EEO Employer Kuwa Abdalia ^ December 30, 2004 Page 2 At this time, you have three options on how to proceed: � ,� If you do not dispute the above facts and wish to pay the amount owed, you can submit the $240.00 to the Office of License, Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300, Saint Paul, Minnesota, SS102 no later than Monday, January 10, 2005. A self-addressed envelope is provided for your convenience. If you do not dispute the above facts please send me a letter with a statement to that effect no later than Monday, 3anuary 10, 2005. The matter will then be scheduled for a hearing before the St. Paui City Council to detezmine 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. 3. 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, January 10, 2005. You will then be sent a"Notice of Hearing," so you will imow when and where to appear, and what the basis for the hearing will be. Please let me know in writing no later than l�onday, January 10, 2005, hovv you would like to proceed. If you have not contacted me by then, I will assume that you are nat contesting the facts. I will then schedule this matter for the St. Paul City Council and have it place on the Consent Agenda during which no public discussion is alloFVed and your license will be denied. If you have questions about these options, please feel free to contact me at 26b-8710 to discuss them. Sincerely, J ����t�� ��. ����tit� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP AA•ADA-EEO Employer a5-�2 STATE OF MII�TNESOTA ) ) ss. AF'FIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) MEGHAN McGIVERN, being first duly sworn, deposes and says that on December 30, , 2004, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and cotrect copy thereof in an envelope addressed as follows: OwnerlNianager Kuwa Abdalla 6130 Starlite Boulevard Fridiey, MN 55432 (which is the last known address of said person) depositing the same, with posta�e prepaid, in the United States maii at St. Paul, Minnesota. � �� - MEG N McGIVER�; Subscribed and sworn to before me this 30th day of December, 2004. Public JUUE ANNE KqqUS h'Qi�Y PUa"LIFN,I,�y�SCiq kY COHMiSSAN EXP�pES t-3b20G5