06-645Council File # �� —(�(,�
Green Sheet #�Q � j J j�' . S�
RESOLUTtON
CITY OF SAINT PAUL, MINNESOTA
Presented by
��
2
3 WHEREAS, adverse action was taken against the CigarettefTobacco license application submitted
4 by Geetanjalie S. Sergchanh, d/b/a Smoke Break (License ID#20050001529) for the premises located at
5 1382 Payne Avenue in Saint Paul, by Notice of Intent to Deny License Applicafion dated June 13, 2006,
6 alleging licensee did not obtain inspection approval from LIEP Zoning and get information on how to
7 apply for a Change in Non-Conforming Use in order to occupy the location as a cigarette/tobacco shop;
8 and
9
10 WHEREAS, the licensee did respond to the Notice of Intent to Deny License Application to contest
11 the allegation or to apply for a Change in Non-Conforming Use; and
12
13
14
15
16
17
18
19
WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee failed to
contest the allegation or apply for a Change in Non-Conforming Use by 3une 26, 2006, that the matter
would be placed on the consent agenda ta impose the recommended penalty; now, therefore, be it
RESOLVED, that the Cigarette/Tobacco license application submitted by Geetanjalie S.
Sergchanh, d/b/a Smoke Break is hereby denied.
✓
Adopted by Council: Date
Adoption Certi by Council Secretar�/
$y; __L�1j //s� s
Approve ay : Dat � ���
By:
Requested by Department oE
_ .� ...,
� /
i
Form roved by City ttomey
By: �
Form Ap r ed b ayor for S mis ' to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
O(c (o�f.�
DepartmeM/office/cou�cil: Date initiated:
�P -L;��o,�,,,�onp�ot Z���H� Green Sheet NO; 3031188
CoMac[ Person 8 Phone:
Rachei Gundeison
266-8710
Must Be on Council Aaen
�
Assign
ia b (Date): Number
�r For
( Routing
^' t 4 Z � V Cl Order
b
0 icenseAnsoectioo/Environ Pro �
1 icens n ecfioWEn 7onPro De a entDi cMr
2 Atto
3 oYs Office � Ma or/Assistant
4 o nci
5 i Clerk Ci Clerk
Total # of Signature PageS _(Clip All Locations for Signature)
InitiaUDate
Action Requested:
Approvai of the attached resolu6on to take adverse action against the CigazettelTobacco ]icense application submitted by Geetanjalie
S. Sergchanh, d/b/a Smoke Break (License IA #2Q050001529) for the premises located at 1382 Payne Avenue in Saint Paul.
Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this personffirm possess a skil! not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�: �
Licensee did not obtain inspection approval from LIEP Zoning and get information on how to apply for a Change in Non-Conforming
Use in order to occupy the locarion as a cigazette/tobacco shop. After notificarion, licensee failed to respond to the Norice of Intent to
Deny License Application.
Advarttaqes If Approved:
Denial of license application as recommended by the Office of LIEP.
DisadvantaneslfApproved:
None.
� : ',
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
FinanCial Infortnation:
tExplain)
CostlRevenue Budgeted:
Activitv Number:
t
.�, .<-:.%$ �,T+
... r t 6B 'r3 � . . N�
� �2�2c;'C�tl {.�
JUL 0 3 2fl06
�
�� ��i
OFFICE OF THE CITY ATTORNEY
lohn J Chai, CiryAnorney
CI� �F S� pA�.. Civil Division
ChristopherB. CoTemmr, Mayor 400CityHaII Telephone: 651266-87I0
ISWestKeIIoggBtvd Facsimile: 65T 298-5619
June 13, 2006
NOTICE OF INTENT TO DENX' LICENSE APPLICATION
Owner/Manager
Smoke Break
1382 Payne Avenue
St. Paul, MN 55101
RE: Cigarette/Tobacco license applicafion submitted by Geetanjalie S. Sergchanh, d/b/a
Smoke Break for the premises located at 1382 Payne Avenue in Saint Paul
License ID # 20050001529
Dear Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended denial
of the CigarettelTobacco license application submitted by Geetanjalie S. Sergchanli, d(b(a Smoke
Break for the premises located at 1382 Payne Avenue in Saint Paul. The basis for the
recommendation is as follows:
On March 20, 2006, you were sent a letter from the Office of License,
Inspections and Environmental Protection stating that your
Cigarette/T'obacco license application was incomplete and has been in
"Pending" status since May, 2005.
You were asked to obtain inspection approval from Jeff Hawkins, LIEP
Inspector-Zoning, and to get information on how to apply for a Change of
Nonconforming Use in order to occupy the locafion as a cigarette/tobacco
shop rather than a floral shop which is its current legal non-conforming use.
You were given until Marcb 27, 2006 to submit the required information and
as of today's date, that information has not been received.
At this time you have four options on how to proceed:
If you wish to do business in the City of Saint Paul, you may submit the requested
docuxnents to the Office of License, Inspections and Environmental Protection at 8 Fourth
Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday,
June 26, 2006. Informafion should be directed to the attenfion of Christine Rozek.
AA-ADA-EEO Employer
Smoke Break
June 13, 2006
Page 2
o�-���
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 admifting the facts and requesting a public hearing. VJe
will need to receive your letter by 1Vlonday, June 26, 2006. The matter will then be
scheduled befare the City Council for a public hearing to deteimine whether to deny your
license application. You will ha�e an opporiuui.ty to appear before the Council and make
a statemant on your own behalf:
If you dispute the above facts, you can request a hearing before an Administrative Law
7udge. At that hearing both you and the City will be able to appeaz and present
witnesses, evidence and cross-examine the other's witnesses. The St. Paui City Council
will uitixnately decide the case. If tlus is your choice, please advise me by Monday,
June 26, 2006 and I will take the necessary steps to schedule the a.dministrative hearing.
4. You may withdraw your license application. Send a written statement to that effect to the
Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite
200, St. Paul, Minnesota 55101-1002 no later than Monday, June 26, 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 of your license application.
If you have any questions, feei free to call me or have your attorney call me at
(651)266-8710.
Sincerely,
�� �
Rachel Gunderson
Assistant City Attomey
cc: Ctuistine Rozek, Deputy Director of LIEP
Geetanjalie S. Sergcltauh, 8100 Florida Court North, Brooklyn Park, MN 55445
AA-ADA-EEO Employer
v� -�y�
STATE OF MINNESOTP'
, ss. AFFIDAVIT OF SE�_ /ICE BY U.S. MAIL
COUNTY OF RAMSEY )
JULIE KRAUS, being first duly sworn, deposes and says that on June 13, 2006, she
served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing
a true and conect copy thereof in an envelope addressed as follows:
Owner/Manager
Smoke Break
li82 Payne Avenue
St. Paul, MN 55101
GeetanjaIie S. Sergchanh
8100 Florida Court North
Brooklyn Pazk, MN 55445
(wkuch is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
Subscribed and sworn to before me
this 13�' day of June, 2006
_ ��''�`"-� `zs-�✓�
No Public
- - - �...,�
R�TA M. BOSSHRD ;
fDTARYPUBLIC-MWNESQTA �
MY COMMISSiON
«:� EXPIRESJAN.37.2010