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05-966Council File #� �_ �� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 Committee: Date 1D WFIEREAS, adverse action was initiated against the Liquor On Sale- 2AM Closing; Wine on Sale; Entertainment (B); and Malt on Sale Strong license applicarions submitted by Foodsmart, LLC, d/b(a Foodsmart Restaurant for the premises located at 544 University Avenue West in Saint PaulbyNoticeofIntenttoDenyLicenseApplicationdatedSeptember20,2005, allegingthelicensee did not get the required 60% of signatures of private residences, dwellings and apartment homes within 350 feet of the establistunent stating they do not object to the above-mentioned licenses being issued; and Whereas, if the licensee was unable to obtain the 60% of signatures, they needed to obtain approval from the Dish Council; and Whereas, the Suimnit University Planning Council, the District Council for 544 University Avenue, objected to the issuance of the licenses; and �- WHEREAS, licensee did not respond to the Notice of Intent to Deny License Application to contest the allegation; and ,< � WHEREAS, theNotice ofIntent to DenyLicense Application stated that ifthe licensee failed to respond by September 30, 2005, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Liquor On Sale- ZAM Closing; Wine on Sale; Entertainment (B); and Malt on Sale Strong license applieations submitted by Foodsmart, LLC, d!b!a Foodsmart Restaurant are hereby denied. Green Sheet # ��'� J /•� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Requested by Department of: L. L.�.P. Hy: / Form Approved by Adopted by Council: Date /y('fj/�� /��jy�s� !�� _ n Adoption Certified by Council Secretary $Y= By: Approved�� fayor: ,Date p��_ Mayor Attorney By: 05 - 9LL � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP — License/Inspection/EndvonProt � o��T-05 � Green Sheet NO: 3028375 Conqct Person & Phone: Rachel Gunderson 266-8710 � . Be on Council /�enda by ToWI # of Signature Pages _(Clip All Locations for Signature) � Deoartrnent SentToPerson InitiaVDafe 0 'ce selln ectio nvir n /lSSign 1 'cense/Ins eetion/EnvironPro De artmentDirector Number Z - Attoro For RoUting 3 a or's Of6ce Ma orlAssistant Ordef 4 uncii � 5 Clerk C' Clerk Approval of the attached resolution to take adverse acrion against the Liqour on Sale-2AM Closing; Wine on Sale; Entertainment (B); and Malt on Sale Strong license applications submitted by Foodsmart, LLC, d/b/a Foodsmart Restaurant for the premises located at 544 University Avenue West in Saint Paui. idations: Approve (A) or Rejed (R): Pianning Commissiori CIB Committee Civil Service Commission Pereonal Service CoMracks 1. Has this persoNfirm ever worked under a contract for this departrnenY? Yes No 2. Has this person/firm ever been a city empioyee? Yes No 3. Dces this person/firm possess a skill not nortnally possessed by any curtent city employee? Yes No F�cplain alI yes answers on separete sheet and attach to green sheet Questions: Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Licensee was unable to get the required 60% of signatures of private residences, dwellings and apartment homes within 350 feet of the establishment shting that they do not object to the above-mentioned licenses being issued. In addition, the azea District Council also objected to the issuance of ihe licenses. AdvantageslfApproved: License applicarions denied as recommended by the Office of LIEP. Disadvanqges IfApproved_ None RECEIVED pCT i � 2005 Disadvantages If Not Approved: � License applicarions approved agairist the recommendation of the Office of LIEP. Total Amount of Transaction: Fundinp Source: Financial Information: � (Ezplain) Cost/Revenue Budgeted: Activity Number: ��'bFtr^'� �r?� !; c��r:• t".fror5s.oi OCT 1 �, 2�� .. OS - 9�(A( � � -: - o�cE oF � crrY aT•ro� - MmrnrelT. CervmRes, CityAttorney CITY OF SAINT PAUL c;,,�rn�on � Rmu1y C%Ry, Mayor 400 CityHall Teleplwne: 65I 266-8770 ISWestKelZopgBZvd Facsimi7e:651298-56I9 5amtPau7, Minnesota SSIO2 �� September 20, 2005 NOTICE OF INTENT TO DENY LICENSE APPLICATION Owner/Manager Foodsmart Restaurant 544 University Avenue West St. Pau1, MN 55103 RE: Liquor On Sale- 2 AM Closing; Wine on Sale; Entertainment B; and Malt On Sale Strong license applications submitted by Foodsmart, LLC, d/b/a Foodsmart Resfaurant for the premises located at 544 University Avenue West in Saint Paul. LicenseID #20050001625 Deaz SirJMadam: The Office of License Inspections and Environmental protection f�as recommended denial of the Liquor On Sa1e� 2 AM Closing; Wine on Sale; Entertaivment B; and Malt On Sale Strong license applications submitted by Foodsmart, Id,C, d/61a Foodsmart Restaurant for the premises located at 544 University Avenue West in Saint Paul. The basis for the recommendation is as follows: An Entertainment B license application has required supporting documentation. Applicants must submit a petition with signatures 60-90% of private residences, dwellings, and apartment houses witfiin 350 feet of yonr establishmenY stating they do not object to those licenses being issued. If yon obtain less than 60% of the signatures, you must also obtain approval from the District Council. On Jnly 5, 2005, yon were sent a letter dpdating you on the status of your license application. At that time, you were told that you had only 7 signatures ont of 19, wluch is only 37%. You were unable to obtain the additional signatures. Further, the Snmmit University Planning Council, the District Cuuncil for 544 University Avenue, objected to the issuance of your license. On Augnst 1, 2005, yon were sent another letter eaplaining that the signatures you submitted are insufficient to meet the 60% requirement. Without at least 60% of the required signatures or District Council Approval, the City Council has no discrefion to grant your entertaiument license. AA-ADA-EEO Employer � Food,s�s?nart September 20, 2005 Page 2 � � os- �� Section 310.06(b)(�a. of the Saint Panl Legislative Code explains that licenses can be denied if an applicant has violated any provisions of the licensing chapters or violated any ordinance reasonably relafed to the licensed activity. As yon know, on Jnne 30, 2005, a police report was written that stated people wexe seen inside yonr establishment at 544 University Avenue with Earona Beers at tfieir tables. On Jnly 26, 2005, yon were sent a letter giving you noflce that you were in violafion of the terms of your restanrant license for displaying alcoholic beverages withont the reqnired liqnor lieense. On August 2, 2005, the Office of LIEP received yonr letter and check for $500.00 to pay for the violation. This license violation occnrred despite regeated warnings in person, on the telephone, and in writing that yon could not sell, display, or allow consnmption of alcoholic beverages without the appropriate license. The Office of L1EP will recommend denial of all the above-menfioned license applicafions. At this time you have three options on how to proceed: 1. If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter requesting a public hearing. We wi11 need fo receive your letter by Friday, September 3Q 2005. The matter will then be scheduled before the Ciiy Council for a public hearing to detamtine whether to issue or deny the license. You will haue an opporiunity to appeaz before the Council and make a statement on your own behalf. 2. If you do dispute the above facts, you can request a hearing before an Admiuisfrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witaesses. The St Paul City Council will ultimately decide the case. If this is your choice, please advise me by Friday, September 30, 2005, and I wiil take the necessary steps to schedule the administrafive hearing. 3. You may withdraw your license applicarions. Send a written statement to that effect to the Office of License, Inspections and Environmental Protecfion, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, 5eptember 30, 2005. Information should be dixected to the attention of Christine Rozek. Any request for a refund of the license application fee must also be znade in writing to the O�ce of LIEP. Please let me know in writing no later than Friday, September 30, 2005, how you would like to proceed. If I have not heard from yon by that date, I will assume that you are not contesting denial of yonr licenses. If you have any questions, feel free to call me or ha�e your attorney call me at 266-8710. Sincerely, � Rachel C�und on Assistaut City Attorney ec: Christine Rozek, Deputy D'uector of LIBP Nou Vang, 1157 Sherburne Avenue, Saint Paul, MN 55104 Bobby Hicl�nan, Interim Communiiy Organizer, Sumuut-University Planuiug Council 627 Selby Avenue, St. Pau1, MN 55104-6615 AA-ADA-EEO Employer � �- OS- 96� STATE OF A�IINNNESOTA ) ) ss. COIJNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII, MEGHAN McGIVERN, being first duly sworn, deposes and says that on September 20, 2005, she served tbe attached NOTICE OF INTEN f' TO DENY LICENSE APPLICATION by placing true and correct copies thereof in envelopes addressed as follows: Owner/Manager Foodsmart Restaurant 544 University Avenue West St. Paul, MN 55103 Nou Vang 1157 Sherbume Avenue Saint Paul, MN 55104 Bobby Hickxnan, Interim Community Organizer Simunit-University Plavning Council 627 SelbyAvenue St. Paul, MN 55104-6615 (which are the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Mimiesota. il _ �,,. ►11�_�� MEGHAN MeGIVE12N Subscribed and sworn to before me of September, 2005. ( �� . � Notary Public J4MME C�. CL9�17S i�14TAftY Pt3BL1C.MW4E�TA MY COMMISSIGN @XpIRES JAN. �i , 2 p'1 0