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06-688Couneil File # Green Sheet # � / RESOLUT{ON CITY Presented by PAUL, MINNESOTA 3 WFIEREAS, adverse action was taken against the Pool & Billiazd Hall; Retail Food (A) 4 Cnocery 1-100 sq. ft. and MAD — Game Machines license applications submitted by Ut Tran, d/bfa Song 5 Thanh Billiards (License ID#20060000497) for the premises located at 995 University Avenue West in 6 Saint Paul, by Norice of Intent to Deny License Applications dated June 2, 2006, alleging licensee 7 displayed, served and consumed alcoholic beverages at his establishment without the appropriate 8 licenses; and 9 10 WHEREAS, the licensee did respond to the Notice of Intent to Deny License Applications to 11 contest the allegation; and 12 13 14 15 16 17 18 19 20 WHEREAS, the Notice of Intent to Deny License Applications stated that if the licensee failed to contest the allegation by June 13, 2006, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that tl�e Pool & Billiazd Hall; Retail Food (A) Grocery .1-100 sq. ft. and MAD — Game Machines license applicarions submitted by Ut Tran, d/b/a Song Thanh Billiards are hereby denied. Yeas { Nays � Absent N Re uested b De artment of: —�—�—�i G Y P ✓ 1�'� /�__I ✓ Adopted by Council: Date Adopfion Certified by Council Secret� By: � Approve �ay r: Date g! 0� _ By: Fortn A proved by Ci Attomey B � Form A ve b Mayo �fo�• ub i io to Council B �( � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � (J� �0�0 ,vi ,�n� Departmenf/office/council: Date Initiated: � � v �' I LP - License/tnspection/EnvironProt 07-JUL-06 Green Sheet NO: 3031299 Contact person 8 Phone• Deoartrnent SeM To Person InitiaVDate RachelGunderson � 0 icene/In NodEnvi nPr 266-8770 qssign 1 i ectionlEnvi nPro De riment irector Must Be on Couneii Agenda by (Date): Number 2 i A _ /� For «� / Routing 3 or's Office Ma odAssistant -7 � � OrdBr 4 un ' Z 5 ' Clerk Gti CI rk Total # of Signature Pages _(Clip All Locations for Signature) Action Requestetl: Approval of the attached resolurion to take adverse action against the Pool & Billiazd Aall; Retail Food (A) Grocery 1-100 sq. ft. aud MAD - Game Machines license applicarions submitted by Ut Tran, d/b/a Song Thanh Billiazds (License ID#20060000497) for the premises located at 995 University Avenue West in Saint Paul. Recommendations: Approve (A) or Reject (R): Personaf Service CoMracts Must Amwer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contrad for this department? CIB Committae Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this personffirm possess s skill not normally possessed by any current city employee? Yes No E�cplain afl yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee displayed, served and consumed alcoholic beverages at his estabilishment without the appropriate licenses. After notificarion, licensee failed to respond to the Notice of ffitent to Deny License Applications. Advantages If Approved: License denials as recommended by the Office of LIEP. pisadvantaqeslfApprovetl: rrone. �UL 1 3 2006 MAYOR'S OFFICE Disadvantapes If Not Approved: Total Amount of CosURevenue Budgeted: Tra�aetion: Fundinp Source: Activiri Number. COUIICf� R@SBaCCi{l � Financiaf Infarmation: (F�cplain) JUL 14 2UU6 �/ � OFFICE OF THE CITY ATTORNEY John J. Choz, CityAnorney D( -( �S SAINi PAUL � AAAA cz� oF sa�rr Pavz. ChristopherB. Co7eman, Mayor June 2, 2006 CiviZDivision 400 Ctty Hall IS Y�est KeZToggBlvd sa�r ra�z Nrmxesora ss�oz NOTICE OF IN'I`ENT TO DENX LICENSE APPLICATIONS On May S, 2006, St. Paul Police went to 995 University Avenue West in the City of Saint Paul to investigate an assault (CN # 06088169). The assault report was an allegation of a man being hit with a beer bottle inside a pool hall. When officers arrived at the pool hall, they observed four (4) individuals around a table. All four were drinking alcoholic beverages and appeared intoxicafed. Inside the establishment, officers observed pool tables and a bar that resembles a bar that would be in a licensed liquor establishment. Your establishment does not have a license that allows the sale, display, or consumption of alcohol. Due to the fact that there were alcoholic beverages served and consumed at pour establishment without the appropriate liquor licenses, the Office of LIEP is recommending denial of a11 of your license applications. Owner/Manager Song Thanh Billiazds 995 University Avanue West St: Faul, MN 551d4 Te iephone: 651266-87Z 0 Farsimile: 65l 248-56I9 RE: Pool & Billiard Hail; Retail Food (A) - Grocery 1-100 sq. ft and MAA - Game Machines applications submitted by Ut Tran, d/b/a Song Thanh Billiards for the premises located at 995 University Avenue West in Saint Paul LicenseTD # 20060000497 Dear SirlMadam: The Office of License Inspections and Environmental Protection has recommended denial of the Pool & Billiard Hall; Retail Food (A) - Grocery 1-100 sq. ft and PvIAD - Gazne Machines applications submitted by Ut Tran, dJbla Song Thanh Billiards for the premises located at 995 University Avenue West in Saint Paul. The basis far the recommendation is as £ollows: AA-ADA-EEO Employer Song Thanh Billiards ��' June 2; 2006 Page 2 At this tim e you have three opfions on how to proceed: � /� .ii If yau wish to have a public hearing before the Saint Paul Cify Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We wilI need to receive your letfer by Tuesday, June 13, 2006. The mafter will then be scheduled before the City Council for a public hearing to deternvue whether to deny your license applications. You will have an opportunity to appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a heariug before an Aduiinistrative 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 ultimately decide the case. If tlais is your choice, please advise me by Tuesday, June 13, 2006 and I will take the necessary steps to schedule the achniui.strative hearing. 3. Xou can withdraw your license application. Send a written statement to that effect to the Office of License, Inspections and Environmentat Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Tuesday, June 13, 2006. Information shoutd be directed to the attenfion 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 yo.ur license applications. If you have any questions, feel free to call me or have your attorney call me at (651) 266-8710. Sincerely, � Rachel Gunde Assistant City Attorney cc: Cluistine Rozek, Deputy Director of LIEP Ut Tran, 483 Lafond Avenue, St.Paul, MN 55103 Marcia lvloermond Jean Birkholtz AA-ADA-EEO Employer (� 1 (� /�� 0 STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF 5ERVICE BY U.S. MAII, .TITI,IE KRAUS, being first duly sworn, deposes and says that on June 2, 2006, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATIONS by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Song Thanh Biiliazds 995 University Avenue West St. Paul, MN 55104 Ut Tran 4$3 Lafond Avenue St.Paul, MN 55103 (which is the last Irnown 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 2n day of June, 2006 ~� ./!'/ d 6�� Notary Public e � 9.8 � j M1i e a, t � Julie I�•aus i� R1TA it BOSSARD ADTARY PUBLIC • MU�IvESOTA t�tY COMMSSlON OCP4RES JP�N. 81. 20 t 6