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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