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06-178RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # Q� _�?� Green Sheet # �� PRESENTED BY REFERRED TO COMMITTEE: DATE a WHEREAS, adverse action was nutiated against the Restaurant (D) Add On license application s submitted by Rainbow Baz, Inc., d/b/a Over the Rainbow (License ID# 19990003741) for the premises 4 located a 719 Dale Street North in Saint Paul, by Notice of Intent to Deny License Application dated s January 31, 2006, alleging licensee failed to submit required documents in order to complete the s application process; and s WHEREAS, the licensee did not respond to the Notice of Intent to Deny License Application s to contest the allegation or submit the required documents; and io ii iz 13 14 is is 17 18 WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee failed to respond by February 10, 2006, that the matter would be placed on the consent agenda to impose the recommended penalty; now therefore, be it RESOLUED, that the Restaurant (D) Add On license application submitted by Rainbow Baz, Inc., d/b/a Over the Rainbow is hereby denied. Requested by Department of: By: C,�.�.� -� �,� Form Approved by City Attorney Adoption Certified by Council Secretary BY: � � /t_ Approved by }�or: Date � �J By: _ B l Approved y yor for Submission to Council By: Adopted by Council: Date�sr.� /�//OG � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �— tl� Department/officefcouncil: Date Initiated: LP L=��h�,�,�„�ot 13-FEB-06 Green Sheet NO: 3029714 Conhact Person & Phone: Rachel Gunderson 26E8710 Must Be on Council F\qenda by Oepartment Sent To Person 0 icen e/In fion/Environ Pr 1 icens ection/Environ De rtmentD'rector 2 i Attorne 3 oYs O �ce Ma or/Assistant 4 ouncil 5 Clerk Ci Cler � Assign Num6er For Routing Order Total # of Signature Pages _(Clip All Loqtions for Signature) Action Requested: Approval of the attached resolufion to take adverse action against ffie Resta�ant (D) Add On license application submitted by Rainbow Baz, Inc., d/b/a Over the Rainbow (License ID#19990003741) for the premises located at 719 Dale Street North in Saint Pai Approve (A) or Planning Commission CIB Committee Civil Service Commission Personal Service Following Questions: 1. Has this persoNfirm ever worked under a contraet for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personffirm passess 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, Wh»: Licensee did to submit required informaton to complete the applica6on process. After norificafion, licensee faIled to respond to the Norice of Intent to Deny License Application. - AdvantageslfApproved: License denial as recommended by the Office of LIEP. Disadvantages IfApproved: None. �'� ,�;: - •. �- , ��: � ,. ;-� Disadvanqges IF Not Approved: Transaction; Funding Source: F�� CosURevenue Budgeted: Activity Number: �� r� z�� Financial Information: (Explain) ( _ �_ OFFICi: .�F THE CITY ATTORNEY .7olm J. Choi, CityAttomey N � � l..J�(� � �� 0 CITY OF SAINT PAiJL Civil Division ChristopherB. Colem�m, Mayor 400 CilyHa71 Telephone: 65Z 266��10 � ISIYestKello,gRBZvd Facsimile:6572985679 " Satiup¢ul, Minnesot¢ SSIO2 i Tanuary 31, 2006 N01TCE OF IlVTENT TO DENY LICENSE APPLICATION Jo Ann Lanier Over the Rainbow 719 Dale Street North St. Paul, MN 55103 RE: Restauranf (D) Add On license application submitted by Rainbow Baz, Inc. d/b/a Over the Raiubow for the premises located at 719 Dale Street North in Saint Paul License ID #19990003741 Dear Ms. Lanier: The Office of License Inspections and Environmental Protection has recommended deaial of the Restaurant (D) Add On license a�1_ic�Yio� s hy u u� T„„ ,��.,i� �ae: *?�� g.a: :bcn �: the premises located at 719 Dale Street North in Saint Paul. The basis for the recommendation is as follows: On Jannary 17, 2006 you were sent a letter from the Office of License, Inspections and Environmental Protection stating that your license application was incomplete and would remain in the pending status unfil the following requirements were received and/or met: 1) LIEP Zonin Insnection Renort: The licensin� depariment requested a complete set of floor and site plans detailin� the main Ievel and second level operations and the parltin� lot. The letter instructed you on what informafion wouid be needed on included the floor and site plans. You would then need to have the parking requirement reviewed by Jeff Hawkins, LIEP Inspector. 2) LIEP Environmental Health Insuecfion Renort: the licensing deparEment has been made aware that yon have been operating the bar on the second floor without meefin� health code requiremenfs. They requested poa contact Kim Carlton, LIEP Inspector, to find out what requirements mnst be met in order to use fhe second floor. You must comnlv with the healfh code or discontinue the use of the upsfairs area. AA-ADA-EEO Employer ' �ver the Rainbow January 31, 2006 Page 2 � (� (7�0.' � 1 3) LIEP License Ins�ection: Due to the fact that you are egpanding yonr liquor service area, a license review is required_ Yon may need to npgrade some of yonr e�sting licenses_ A Class N&eense application was sent to yon to complefe and return to request to expand, upgrade and/or add the required licenses. You were asked to contact Kristine Schweinler, LIEP Insgector if you had any qnesiions. You were given until January 23, 2006 to respond and provide the documents requested. As of today, no docnments have been snbmitted nor any of the reqnirements met. At this time you haue three options on how to proceed: If you wish to do business in the City of Saint Pau1, you will need to meet the requirements outlined above and submit the requested documents to the Office of License, Inspections and Environmental Protection at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, February 10, 2006. Informarion should be directed to the attention of Christine Rozek. 2. If you wish to have 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 Friday, Febrnary l0, 2006. The matter will then be scheduled before the City Council for a public heasiug to determine whether to deny your license app&cation. You will ha�e an opportwiity to appeaz before the Council and make a statement on your own behalf: 3• You may withdraw your license application. Send a wzitten statement to that effect to the - Office of License, Inspections and Environmental Ptotection, 8 Fourth Street East, Suite 200, SY-�2`,:i� i�"a;;u1ESv�u 3�iiii-�iiv n3 iaiz. i$ar. i+�3ay, �eD�uary i�, i�Go', inionmauon snouiu - be directed to the attention of Christine Rozek. Any request for a refund oPthe license appfication fee must also be made in writing to the Office of LIEP. If you have not contacted me by that date, I will assnme that you do not contest the, deniai of yonr license application. Ifyou haue any questions, feel free to call me or have your attorney call me at (651) 266-8710. Sincerely, �� Rachel Gunder on Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Jo Ann Lanier, 1420 Terrace Drive #104, Roseville, MN 55113 AA-ADA-EEO Exnployer � � � �� STATE OF MINNESOTA) � SS. COTJNTY OF RAMSEY ) AFF'IDAVIT OF SERVICE BY U.S. MAIL 3ULIE KRAUS, being first duly sworn, deposes and says that on February 1, 2006, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing a true and correct copy thereof in an envelope addressed as follows: Jo Ann I.anier Over the Rainbow 719 Da1e Street North St. Paul, MN 55103 Jo Ann Lanier 1420 Tenace Drive #104 Roseville, MN 55113 (which is the last laiown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. . LJ..�,J..�� U 3E KRAUS Subscribed and sworn to before me this ls` day of February, 2006 �. Notary Public ftfTA M. BOSSARD NOTARY W8lIGMMt�SOTA MY COMM4SSlON EXPIRES JAN. 31, 201 0