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05-73S�St�.-� P�� c�( c�5 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To CouncilFile# v,�� 3 C�reen Sheet # .�a`�,�(� Committee: Date 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 WHEREAS, The Ale Room, Inc., d/b/a The Buttery, located at 395 Robert Street North in Saint Paul ( License ID#0016397 ) received a Notice of Intent to Suspend Licenses dated December 30, 2004, for a lapse in liquor liability insurance; and WHEREAS, the presumptive penalty contained in Saint Paul Legisiative Code §409.26 for an insurance lapse is a ten-day closure; and WHEREAS, the Saint Paul City Council finds that there is a basis to depart downward from the presumpfive penaity based upon the fact that the licensee, Dan Dahiin, has been ill; and WHEREAS, the licensee acknowledges the lapse, and the need to ansure that such a violation does not happen again, and to that end is willing to accept a condition on the Iicense that he employ a competent manager to handle all business paperwork; now, therefore, be it RESOLVED, that the licenses held by the Ale Room, Inc., d/b/a The Buttery for the premises located at 395 Robert Street North are hereby suspended for a period of tlxee-dgys, fifteen 15LaYS, twelve �121 days being staved, provided there aze no same or similar violations within 18 months. Said suspension to begin at 12:01 am. on the third Wednesday following the adoption of this resolution by Councii and continue unfill 1:59 pm. on the third fu11 day after. A condifion is further placed on the license that the Licensee is to hire a competent manager to deal with all business paperwork and to report the name of the manager to the Office of LIEP. Requested by Department of: By: Form Approved by City Attorney Adoption fied by Council �roved hy Mayor for Suhmission to Council � `�� _ t ,- .;._ , Adopted by Council: Date .��fjf�j«d�� // ��d BY: � Green Sheet Green Sheet Green Shest Green Sheet Green Sheet Green Sh`eet � r��,-'1�S �.� -- DepartmenUoffice/counc+f: Date Initiated: LP -��ti�n��= �2.��-05 Green Sheet NO: 3024900 Contact Person & Phorte• Deoartment Sent To Person InftiaVDate Virginia Palmer � 0 ' n ti nviron Pro 266-871� ' A55ign 1 icen ns ' n nvlron Pro e artme t Dir or Must Be on Council Agenda by (Date): Number 2 ;ro tt rn ' �n „. a For '' ` � Routing 3 la o' ue Mavod sistant Order 4 a � � 5 i Clerk i Clerk Totai # of Signature Pages _ iClip NI Locations for Signature) Action Requested: Approval of the attached resolurion to take adverse action against all licenses held by The Ale Room, Ina, d!b/a The Buttery (License ID#OO1fi397) for the premises located at 395 Robert Street North in Saint Paul. RecommendaHons: Approve (A) or Reject (R): Pefsonal Service Contracts Must Mswer Fhe Following Questions: Planning Commission �, Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? � Yes No � - 3. Does this person/firm possess a skill not normally possessed by any current city employee? � Yes No � � Explain alt yes answers on separate sheet and attaoh to green sheet Initiating Probtem, issues, Oppodunity (Who, What, When, Where, Why): � � Licensee failed to provide current liquor liabiliry insurance coverage showing no ]apse in coverage from June 19, 2004 to June 28, 2004. ABer no6fication, licensee has not responded to the Notice of Intent to Suspend Licenses to contest the allegation or provide the requested inforcnation. AdvantaAeslfApproved: Ten (10) day license suspension as recommended by the Office of LIEP. DisadvantaStes If Approved: � None DisadvantageslfNotApproved: No license suspension against the recommendarion of the Office of LIEP. TotalAmountof CosURevenue Budgeted: � rrensaction: �SOtti*{�€� R�?�earGh CQCE!F?� Funding Source: Activity Number. Financiaf 1Mormation: � �� .8 � (Explain) OS- 7 3 � RE50LUTION SAINT PAUL, MINNESOTA Council File # Green Sheet # COD1ioIITTEE: DATE i WHER�,AS, The Ale Room, Inc., d/b/a The Buttery, located at 395 Robert Street North z in Saint Paul ( Li�gnse ID#0016397 ) received a Notice of Intent to Suspend Licenses dated s December 30, 2004;°�for a lapse in liquor liability insurance; and � � s WAEREAS, the gresumptive penalty contained in Saint Paul Legislative Code §404.26 s for an insurance lapse is a t"P,p-day closure; and 7 �. s WHEREAS, the Saint s from the presumptive penalty 10 City Council finds that there is a basis to depart downwazd l upon the fact that the licensee, Dan Dahlin, has been ill; and ii WHEREAS, the licensee aclrnb the lapse, and the need to insure that such a iz violation does not happen again, and to �hat end is wiiling to accepY a condition on the license ia thaY he employ a competent manager to hai��31e all business paperwark; now, therefare, be it 14 e' F, is RESOLVED, that the licenses held by tTie Ale Room, Tnc., d/b/a The Buttery for the is przmises located at 395 Robert Street North are hereby suspended for a period of three days, said iv suspension to begin at 12:01 a.m. on the third Wedriesday following the adoption of this is resolution by Council and continue unti111:59 pm. on�the third fiill day after. A condition is is further placed on the license that the Licensee is to hire a competent manager to deai with all � zo business paperwork and to report the name of the manager`to the Office of LIEP. Requested by �epaxtment of: By: �` Fo=cn Approved by City Attorney `< Hy: Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Approved by Mayor for Submission�to Council .. By:. ��. w r Adopted by Council: Date Council File # �� Csreen Sheet # y ��9Q � PI{ESENTED BY REF'ERRED TO GONLNIITTEE: DATE �� 1 WHEREAS, adverse acrion had been initiated against all licenses held by The Ale Room, Inc., z d!b!a The Buttery (I.icense ID#0016397) for the premises located at 395 Robert Street North, by Nofice 3 of Intent to Suspend Licenses dated December 30, 2004, alleging failure to provide current liquor 4 liability insurance coverage showing no lapse in coverage from June 19, 2004 to June 28, 2004; and s 6 WHEI2EAS, the licensee did not respond to the Nofice of Intent to Suspend Licenses to contest 7 the allegarion or to provide current liquor liability insurance coverage showing no lapse in coverage; and s s WHEREAS, the Norice of Intent to Suspend Licenses stated that if the licensee failed to provide 10 current ]iquor liability insurance coverage showing no lapse in coverage by January 1Q 2005 that the i i matter would be placed on the consent agenda to impose the recommended penalty; now therefore, be it i2 i3 RESOLVED, that ali licenses held by The Ale Rooxn, d/b/a The Buttery (License ID#0016397) 1� located at 395 Robert Street North, are hereby suspended for 10 days for a lapse in liquor liability 15 insurance coverage from June 19, 2004 to June 28, 2004. Said suspension shall become effecrive zt 16 12:01 am. on Wednesday, February 16, 2005 and last until 11:59 p.m. on Friday, February 25, 2005. 17 is This Resolution and the acfion taken above are based upon the facts contained in the is December 30, 2004 Notice of Intent to Suspend Licenses letter. The licensee does not dispute the facts 20 of the violafion. Adopted by Council: Date G7, ��cZyZYS��d�d �� ZDl�� 7 Adoption Certi£ied by Council Secretary $Y� _ // /!�U/_//i%//S42 Approved by M or: Date By: RESOLUTiON SAINT PAUL, MINNESOTA Requested ➢epartment of: BY: �1c..�,.� r� �,.--1 OFFICE vF THE CITY ATTORNEY M�mref J, Cervnntes, Ciq�AUOrney �^�� CITY OF SAINT PAUL Rnndy C Ke(!}'. Mny'or cr�,r Dr.�u,on 400 Ciry-Hat! 1 i Wut Kellogg BI rd. Snin! Po�el, hfinnesom SJIO? Tel epi+on e: 651 266-87 ] 0 Frscsimile: 6i7198-56l9 December 30, 2004 NOTICE OF INTENT TO SUSPEND LICENSES OwnerJManager The Buttery 395 Robert Street North St. Paut, MN 55101 RE: All licenses held by The Ale Room, Inc. dPo/a The Buttery for the premises located at 395 Robert Street North in Saint Paul License ID #t: 0016397 Aeaz Sir/Madam: The Office of License, Tnspections and Environmental Protection (LIEP) has recommended adverse action against all licenses held by The Ale Room, Tnc. dJb1a The Buttery for the premises located at 395 Robert Street North in Saint Paui . The basis for the recommendation is as follows: On August 16, 2004 you received a notice from the Office of License, Inspection and Environmental Protection. The notice stated that there was a nine-day lapse in your liquor liability coverage for the the period of June 19, 2004 to June 28, 2004. There was a requesf for proof of coverage during that time frame. As of today's date, no information has been submitted. The recommended penalty for this violation is a 10 day suspension of all of your licenses until such time as the proof of coverage for the period of 6119/04 to 6J28J04 under your liquor liability insurance is submitted and approved by the Office of LIEP. AA-ADA-EEO Empioyer , The Buttery December 30, 2004 Page 2 At this time, you have tt�ree options on how to proceed: �� If you do not dispute the above facts, and wish to avoid the i � day suspension, you can submit the proof of coverage for the period of 6i19/04 to 6l28/04 under your liquor liability insurance and send it to the Office of License, Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300, Saint Paul, Minnesota, 55102 no later than Monday, January 10, 20�5. Information should be directed to the attention of Christine Rozek. 2. If you do not dispute the above facts please send me a letter with a statement to that effect no later than Monday, January 1 �, 2�Q5. The matter �vill then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You wi11 have an opportunity to appear and speak on your own behalf, or to have someone appeaz 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 know when and where to appear, and what the basis for the hearing will be. Please let me know in writing no later than Monday, January 10, 2005, how you would like to proceed. If you have not contacted me by then, I wili assume that you are not contesting the facts. I will then schedule this matter for the St. Paul City Council and have it ptace on the Consent Agenda during fvhich 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, } � .�L �� C'�.�n./� Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Ms. Sheila Lynch, Director, CapitolRiver Council/District #17 332 Minnesota Street, Suite W1222, St. Paul, MN 55101-1314 AA-ADA-EEO Empioyer �� EAST METfc.i FAMILY PRACTiCE, P.A. HIGHLAND FAMILY PHYSfGIANS 1540 Randotph Ave. - St. Paul, MN 55105 Phone 651-699-8333 • Fax 651-699-9257 www.eastmetro.net August 27, 2004 RE: DANIEL DAHLIN To Whom It May Concern: d5-73 DENtSE M. LEWiS, M.D. DENISE J. LONG, M.D. STEVEN C. SKILDUM, M.D. ALDEN R. TETLIE, M �. MARYKAYTUGHY, M.D. I��L� �` �� Mr. Dahlin suffered a stroke i� 2003, and has residual symptoms i�volving difficulty with math computations, transposition of numbers, and decreased memory. These residuai physical deficits from the stroke could lead to decreased work performance inc(uding delays in ftnishing tasks as we11 as potential errors in computations. � Sincerely, � � �� v �� C�� _ Aiden R. Tetiie, MD ART:Ika � - 05-'�3 STATE OF NIINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COIJNTY OF RAMSEY ) MEGHAN McC�IVERN, being first duly sworn, deposes and says that on December 30, 2004, she served the attached NOTICE OF INTEN'I' TO SUSPEND LICENSES by placing true and correct copies thereof in envelopes addressed as foliows: Owner/Manager The Buttery 395 Robert Street North St. Paul, MN 55101 Ms. Sheila Lynch, Director CapitolRiver CouncillDistrict #17 332 Minnesota Street, Suite W1222 St. Paul, MN 55101-1314 (which aze the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. IC � ! ��,, lL ��u �� -��. - . . - Subscribed and sworn to before me this 30th day of December, 2004. otary Public JULIE ANNE KRAUS NOTn^P.Y PIBLfGMRlNESOiA NY CO>d!JISSiv�� EX�IR�S 131•?x'i5