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06-88Council File # 0� ` p b Green Sheet # � Q� �I 3 � �} PRESEICTED BY REF`ERRED TO COIVIMITTEE: DATE z WHEREAS, adverse action was initiated against all licenses held by A M Investors, Inc., s d/b/a Pickles (License ID#20020002577) for the premises located at 1082 Arcade Street in Saint 4 Paul, by Notice of Intent to Suspend Licenses dated December 14, 2005, alleging that licensee s paid license renewal fees with a check that was returned for "Non-Sufficient Funds"; and s � WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to s contest the allegation or make a cash or money order payment of license renewal fees and NSF s chazges; and io u iz 13 14 is is iv ia is WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to respond by December 27, 2005, that the matter would be placed on the consent agenda to impose the recommended penalty; now therefore, be it RESOLVED, that all licenses held by A M Investors, Inc., d/b/a Pickles are hereby suspended until such time as appropriate payment for license renewal fees and NSF charges are received and approved by the Office of LIEP. Requested by 17epartment of: BY � �i� � ' _"V" ' Form Approved by City Attorney By: Adoption Certified by Council Secretary BY � �u ` Pi � i'L— AppYOVed�bv r: Date 1 r7 (p % % BY � ��/ RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� By: for Submission to Council � Green Sheet Green Sheet ii Green Sheet Green Sheet Green Sheet Green Sheet LP �-i��sellnsyectionBnvQOnProt � 11JAN-06 ConWCt Person & Phone: Virginia D. Palmer 26G-8710 M�ust Be on Council qgenda by 04 Green Sheet NO: 3029370 � Deoartrnent Sent To Person 0 icen e/Ins ectio miron Pr Assign 1' icen e/Ins ection/EnvironPro De artmentDirector Number 2 � tt m For Routing 3 a 6's ffice Mavor/Assishant Ofder 4 ouncil 5 i Clerk Ci Clerk Totai # of Signature Pages _(Clip NI Lowtions for Signature) � � Approval of the attached resolution to take adverse acrion against all licenses held by A M Investors, Inc., d/b/a Pickles (License ID #2002000257'� for ffie prexnises located at 1082 Arcade Street in Saint Paul. itlations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission � Must Mswer the Following Questions: 1. Has this person/firm ever worked under a contract for this depadment? Yes No 2. Has this personffirtn ever been a ciry employee? Yes No 3. Does this person/firm passess a skill not nortnally passessed 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, Why): Licensee paid license renewal fees with a check that was retumed for "Non-Sufficient Funds". After norification, licensee faited to respond to the Notice of Intent to Suspend Licenses. AdvanWges If Approved: Suspension of all licenses as recommended by the Office of LIEP. DisadvanWges If Approved: None. Disadvanhages if Not Approved: Totai Amount of Transaction: Funding Source: Cosf/Revenue Budgeted: ActivitvNumber. �'M°ry"`�` �4•.;=:.':e":'���" �''�'-:�tu" Financial Informati on: � (ExPlain) �JAN i 7 2005 � � oI,-�Y OFFICE i;r T'HE CITY ATTORNEY Mmnrel J. Cervmrtes, CiryAttorney CITY OF SAINT' PAUL � c. ��i, a�r�� crv;zD;,,�o„ 400 CiryHa11 � � ISWestKeZloy,xBFid S�+tPau1, Minnesota SSIO2 TeieD7zone: 65I 266-87I0 Facsimile: 657 298-56I9 December 14, 2005 NOTICE OF INTENT TO SUSPEND LICENSE Gene Lee Neuspickle Pickles 1082 Arcade Street St. Paul, MN 55106 RE: All licenses held by A M Investors, Inc., d/b/a Pickles for the premises located at 1082 Arcade Street in $aint Paul. License ID #: 20020002577 Deaz Mr. Neuspickle: The Office of License, Inspeofions and Environmental protection hasYecommended suspension of all the licenses held by A M Investors, Inc., d/b/a Pickles for the premises at 1082 Arcade Street in Saint Pattl. The basis for the recommendation is as follows: On December 6, 2005, the Office of License, Inspecfion and Environmental Protection received a notice that check #2774 you submitted in the amount of $3,740.00.was returned with a notation of "Noa-Sufficient Funds". The amount due in order to renew your licenses is $3,755 wluch now includes a $15.00 NSF charge. - The Office of LIEP will recommended a suspension of your license until the license renewal fees and NSF charges aze paid in full bv either cash or a monev order. At this time, you have three options on how to proceed: 1- If you wish to continue to do business in the City of Saint Paul, you may submit the payment in full to the Office of License; Inspections and Environmental Protection at 8 Fourth Street East, Suite 200, St. Paui; Minnesota 55101-1002 no later than Tuesday, December 27, 2005. Information should be directed fo the attenfion of Cluistine Rozek. 1� se}f-addressed envelope is enclosed for your convenience. Payment of the fine will be considered to be a waiver of the hearing to which you aze entitled. AA-ADA-EEO Employer .� ri�kle5 December 14, 2005 Page 2 (, � r Of,-�Y 2. If you wish to have a public hearing before the Saint Paul City Council, yon will need to send me a ietter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Tuesday, December 27, 2005. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your licenses. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you no longer wish to do business in the City of Saint Paul, you may 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 Tuesday, December 27, 2005. Information should be directed to the attention of Ckuistine Rozek. If you have not contacted me by that date, I will assume that you do not contest the suspension of your licenses. If you have quesrions about these options, please feel free to contact me at 266-8710. Sincerely, � Rachel Gunderson Assistant City Attorney cc: Cluistine Rozek, LIEP Gene i,ee Neuspickle, 1084 Arcade Street #2, St. Paul, MnT 55106 AA-ADA-EEO Employer ,-- �- ob-�� STATE OF MINNESOTA ) ) ss. COiJNTY OF RAMSEY ) AF'F7DAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on December 14, 2005, she served the attached NO'1'TCE OF INTENT TO SUSPEND LICENSE by placing true and conect copies thereof in envelopes addressed as follows: Gene Lee Neuspickle Pickles 1082 Arcade Street St. Paul, MN 55106 Gene Lee Neuspickle 1084 Arcade Street #2 St. Paul, MN 55106 (which are the last lrnown addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Il�, Jl ��l MEGIIAN McGIVERN Subscribed and sworn to before me this 14th day of December, 2005. Notary Public , �'� �� ' � �� �.,� ;,: .• ° � ` ` �i� �� ► � c . r a - r - �—.>