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06-1092Council File # Q�—/�oZ/ Green Sheet # Q� � RESOLUTION CITY Presented by PAUL, MINNESOTA � 2 3 WHEREAS, adverse action was taken against the Dance or Rental Halls license application 4 submitted by Susan Fang, dJb/a Be A Staz (License ID#20060002219) for the premises located at 758 5 Chatsworth Street North in Saint Paul by Notice of Intent to Deny License Applicafion dated November 3, 6 2006, alleging licensee failed to submit required documents to complete the application process; and 7 8 WI�REAS, tbe licensee did respond to the Notice of Intent to Deny License Application to contest 9 the allegations or submit the required documents; and 10 11 12 13 14 15 16 l7 WIIEREAS, the Notice of Intent to Deny License Application stated that if the licensee failed to contest the allegations or submit required docuxnents by November 13, 2006, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Dance or Rental Ha11s license application submitted by Susan Fang, d/b/a Be A Star is hereby denied. Requested by Deparhnent ot • J � _ , Adoption Certified by Commcil Secretary BY� ��ti�.� Approv ay ate Z l� bb B Form A roved by ;ty A orney By: � � ' Form o d by Mayor r Sub ission to Council By: Adopted by Council: Date /T/��� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D6 /O�� DepartmentlofficelcounN: Date Initiatetl: �� ,� -L=��;o���� ,���� Green Sheet NO: 3034661 CoMact Person & Phone: RacF�et Gunderson 266-8710 Doc. Type: E-0ocumentRequimd: Y Document Contact: Juiie Kraus Cuntact Phone: 266-8776 � ueparonens aen[ � o rerson 0 icense/In 'odEnviron Assign 1 ice 'on/Enviroo De azdn t Director Number Z - Aao For 3 or' Office Ma od t Routing Order 4 oancil 5 " Clerk (S Clerk Total # of Signature Pages _(Clip NI Locations for Signature) Approval of the attached resolution to take adverse acrion against the Dance or Rental Halls license application submitted by Susan Fang, d/b/a Be A Star (License ID# 20060002219) for the premises located at 758 Chatsworth Street North in Saint Paul. itlations: ApP� (A) or Reject Planrting Commission CIB Committee CiHI Service Commission 1. Has this person/firtn e�.er worked u�er a cont2ct fir this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally possessetl by any curteM ciry 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 did not submit required documents to complete the application process. After norifica6on, licensee failed to respond to Norice of Intent to Deny License Application. Advanfages If Approved: License denial as recommended by the Office of LIEP. DisadvantaAes IfApproved: None. Disadvantapes If NotApproved: foW I Amounf of Transaction: Fundinp Source: Financial information: (Explain) Activiiv Number: v�uili�aia t��.�u�e:i�i4 ��$'F� CostlRevenue Budgeted: Novembe� 97, 2006 3:09 PM Page 1 �-, CITY OF SAINT PAUL Clvistopher B. Co]emms, Mayor November 3, 2006 � OFFICE OF TT� CITY ATTORNEY ron,� � cho�, c,�,gnom�, ��v .lD°lcZ_ Civil Division 400 Ciry HaA li PlestKeIIoggBZvd SaintPau7, M"mnesota 55702 TeZephone: 651266-8770 Facsimile: 651298-5619 NOTICE OF INTENT TO DENY LICENSE APPLICATION Susan Fang Be A Star 758 Chatsworth Street North St Paul, MN 55104 RE: Dance or Rental Halls license application submitted by Susan Fang, d/b/a Be A Star far the premises located at 758 Chatsworth Street North in Saint Paul LicenseID # 20060002219 Dear Ms. Fang: The Office of License Inspections and Environtnental Protection has recomxnended denial of the Dance or Rental Halls license application submittec3 by Susan Fang, d/b/a Be A Star for the premises located at 758 Chatsworth Street North in Saint Paul. The basis for the recommendation is as follows: On Julq 25, 2006 and also on September 1, 2006, you were sent letters from the Office of License Inspection and Environmental Protecfion stating that qour license application was ittcomplete and would remain "pending" until they received the information requested: 1) a copy of the executed/signed lease agreement or a letter of permission from the landlord allowing this type af business operation; 2) a copy of a letter o£ review from your MechanicaUVentilation stating that they have inspected tne air eachange systems; 3) submit a site plan that details the off-street parking for your business; 4) obtaitt inspection approval by the City. of Saint Paul Fire Marshall. You were given until September 8, 2006 to complete and submit the requested informafion. As of today's date, no informafion has been received. — -_ AA-ADA-EEO Employer Be A Staz � �� �� / � 9 OZ� November 3, 2006 Page 2 At this time you have four options on how to proceed: 1. You can complete and submit the information requested and send to the Office of License, Inspections and EnvironmentaI Profecfion aY 8 Fourth Street East, Suite 200, St. Paul, Miuuesota 55101-1002 no later than Monday, November 13, 2006. Information should be directed to the attention of Christine Rozek. 2. If you wish to haue a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, November 13, 2006. The matter will then be scheduled before the City Council for a public hearing to determine whether to deny your license application. You will haue an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrative Law ?udge. At tkat hearing bcth you and tue City will be able to ap�ear and przsznt witnesses, evidence and cross-exauline the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Monday, November 13, 2006, and I will take the necessary steps to schedule the ad�inistrative hearing. 4. You may withdraw your license application. Send a written statement to that effect to the Office of License, Inspections and Environxnental Protection, 8 Fourth Street East, Suite 200, St. Pau1, Minnesota 55101-1002 no lat�er than Mond�y, Nove�ber 13, 2006. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. If you have not contacted me by that date, I will assume that you do not contest the denial ofyour license application. If you have any questions, feel free to eall me at (651) 266-8710. Sincerely, U R el Gunderso Assistant City Atto ey cc: Christine Rozek, Deputy Director of LIEP Susan Fang, 2536 Snelling Avenue North, Roseville, MN 55113 AA-ADA-EEO Employer STATE OF MINNES07{" ' ) ss. COUNTY OF RAMSEY ) � � dG /09�, AFr'IDAVIT OF SE��JICE BY i7.S. MAIL JLTLIE KRAUS, being first duly sworn, deposes and says that on November 3, 2006, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLTCATION by placing a true and correct copy thereo£in an envelope addressed as follows: Susan Fang Be A Star 758 Chatsworth Street North St Paui, MN 55104 Susan Fang 2536 Snelling Avenue North Roseville, MN 55113 {which is the last known address of said person) depositing the same, with postage prepaid, in the Umted States mail at St. Paul, Minnesota. . lA�`� Julie Kraus Subscribed and sworn to before me this 3` day of November, 2006 ��.� ,,�� �� No Public � RtTA M. BOSSARD NOTARY PUBLIC - MINNESO TA MY COMMISSION EXPiRESJAM.3l.201 D