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06-687Council File # ��—(o$� Green Sheet # '��_� j,� 9 � RESOLUTION PAUL, MINNESOTA Presented by 2 0 � WF�REAS, adverse action was taken against the Liquor-Outdoor Service Area (Sidewalk) license application submitted by Tavem on Crrand, Inc., d/b/a Tavern on Grand (License ID #0094203) for the premises located at 656 Grand Avenue in Saint Paul, by Notice of Intent to Deny License Application dated June 22, 2006, alleging licensee did not submit a petition with 90% of signatures required from all owners within 300 feet of the proposed outside service area; and 1� 9 WFIEREAS, the licensee did respond to the Notice of Intent to Deny License Application to contest 10 the allegation or submit the petition with the required number of signatures; and 11 12 13 14 15 16 17 18 WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee failed Eo - contest the allegation or submit the petition by July 3, 2006, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVBD, that the Liquor-Outdoor Service Area (Sidewalk) license application submitted by Tavern on Grand, Inc., d/b/a Tavern on Grand is hereby denied. Benanav Bosh�om Hazris Thune Adopted by Council: Date I � I Adoption Certified by Council Secret� By: Appxoved b � t Date �J �� By: (�—✓ Requested by Department of. f �� /!�/,, Form A j prove � d b Ci Attomey B �� Form A ve by ayor r ub ' si� to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ��n""/o � � �� DeparimeMlofficelcou�il: Date Initiated: LP L;��o,��;�,�ot o�-��-06 Green Sheet NO: 3031297 Contact Person & Phone: Deoartment Sent To Person InitiaUDate R2Chel Gunderson � 0 icens n tio nviron Pr 2 �� Assign 1 "ce ctionfEnvironPr De rtm ntDirector Must Be on Council Agenda (Date): Number z �[.yh• Attoroev Foi Routing 3 a r' O e a odAssistant � � � � �� Order 4 cii I 5 i Clerk Ci CI r Total # of Signature Pages _(Clip Ail Lowtions for Signature) Action Requested: Approval of the attached resolution to take adverse acfion against ffie LiquorOutdooz Service Area (Sidewalk) license applicarion submitted by Tavem on Grand, Inc., d!b!a Tavem on Grand (License ID#0094203) for the premises located at 656 Grand Avenue in Saint Paul. � Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Pianni�g Commission 1. Has this person�rtn ever worked under a contract for this department? C16 Committee Yes No Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Dues this personffirtn possess a skill not normally possessed by any current city empbyee? Yes No Explain all yes a�wers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee did not submit a perition with 90°Jo of signatures required from all owners within 300 feet of the proposed outside setvice azea. After notification, licensee failed to respond to the Norice of Intent to Deny License Application. AdvantageslfApproved: License denial as recommended by the Office of LIEP. DiudvantageslfApproved: Nane. RECEfUED JU Disadvantages If Not Approved: A 5�� {��0 Total AmouM of Cost/Revenue Budgeted: eSea�C @Rt�C Transaction: Funding Source: Activiry Number: � 14 200fi Financial infortnation: �Explain) ( CI'TY OF SAINT PAUL Christop6rer B, Ca7eman, Mayor June 22, 2006 (� OFFIC� vr THE CITY ATTORNEY John J. Clwi, City Anorney �� Civi2 Division 400 CiryHall IS WestKelZoggBZvd Saini PavZ, Mirmesota SSIO2 Telephone: 657 266-87I0 FacsimiZe: 657 298-5619 NOTICE OF IN'I'ENT TO DENY LICENSE APPLICATION Owner/Manager Tavem on Grand 656 Grand Avenue St. Paui, MN 55105 RE: Liquor-Outdoor Service Area (Sidewalk) license application submitted by Tauem on Grand, Inc., d/b/a Ta"vern on Crrand for the premises located at 656 Creand Avenue in Saint Paul License TD # 0094203 Dear SirlMadam: The Office o£License Inspections and Environmental Protecfion has recoxnmended denial of the Liquor-Outdoor Service Area (Sidewalk) license application submitted by Tavern on Grand, Inc., d/b/a Tavern on Grand for the premises located at 656 Grand Avenue in Saint Paul. The basis for the recommendation is as follows: On January 30, 2006, you were sent a lefter from Kristina Schweinler, Senior License Inspector, from the Office of License, Inspections, and Environmental Protection. In her letfer, she stated that the petition you snbmitted for a Liquor-Outdoor Service Area (Sidewalk) license did not have the required 90% of signatures of atl owners of all private residences, dweIlings and apartment houses located within 300 feet of the proposed outside service area. The petition you submitted had only 33 percent of fhe required signatures. In order to achieve 90%, you would need have at least 119 signatures. As of today's date you have not submitted a petition with 90% of signatures required. .4A-ADA-EEO Bmployer Tavem on Grand June 22, 2006 Page 2 � At this time you have four options on how to proceed: (_. ��o '�O� / ff you wish to do business in the City of Saint Paul, you need to subznit the requested documents to the Office of License, Inspections and Environmental Protection at 8 Fourth Street East, Suite 200, St. Pau1, Nfinnesota 55101-1002 no later than Monday, July 3, 2006. Information should be directed to the attention of Christine Rozek. 2. If you wish to have a public hearing before the Saint Paui City Council, you will need to send me a letter with a statement ad.uutting the facts and requesting a public hearing. We will need to receive your letter by Monday, July 3, 2006. The matter will then be scheduled before the City Council far a public hearing to determi.ue whether to deny your license application. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. Lf you dispute the above facts, you can request a hearing before an Administrative 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 witnesses. The St. Paul City Council will uitimately decide the case. Lf tlus is your choice, please advise me by Monday, July 3, 2006, and I will take the necessary steps to schedule the administrative heazing. 4. You may withdraw your license application. Send a written statement to that effect to the Office of License, Inspecfions and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, July 3, 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 haue any questions, feel free to ca11 me or have your attorney ca11 me at (651) 266-8710. Sincerely, Z�- Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Mary Jo Wildmo, 863 Osceola Avenue, St. Paut, MN 55105 AA-ADA-EEO Employer STATE OF 1V1�INESO"T�"' J SS. COUNTY OF RAMSEY ) AF�IDAVIT OF S� JICE SY II.S. MAIL 3ULIE KRAUS, bein� first duly sworn, deposes and says that on 7une 22, 2006, she served the attached NOTICE OF IN'TENT TO AENY LICENSE APPLICATION by placina a lrue and correct copy thereof in an envelope addressed as follows: Qwner(Manager Ta�ern on Grand 656 Grand Avenue St. Paui, MN 55105 Mary Jo Wildmo 863 Osceola Avenue St. Paul, MN 55105 (which is the last lmown 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 22n day of June, 2006 '.i��..,1 �- �� Notary Public V ' RITA M. 9QSSqRD PqTARY Pt�lIC• MIM9�ESOTA MY COMMSSW!{ DCPIRES JAN. 31, Y O 1 0