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06-89Council File # � � � Y 1 GreenSheet# ��c�.�� ` 0 1 RESOLUTION CITY OF SAINT PAUL, MINNESOTA PAESE_\'TED BY REFERRED TO �� COrLVIITTEE: DATE 2 WHEREAS, adverse action was initiated against the Mobil Food Vehicle license held by a Papa John's International, Inc., d/b/a Papa John's Pizza #5000 (License ID#0068424) for the 4 City of Saint Paul, by Notice of Intent to Revoke License dated December 14, 2005, alleging that s during an inspection, the vehicle was found to be unacceptable for food prepazation and/or food s storage;and s WHEREAS, the licensee did not respond to the Notice of Intent to Revoke License to s contest the allegation; and io ii iz 13 14 is as iv is WHEREAS, the Notice of Intent to Revoke 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 the Mobil Food Vehicle license held by Papa John's International, Inc., d/b/a Papa John's Pizza #5000 is hereby revoked. Requested by Department of: BY = l / //A i�r9 `/l dvi� Approved r: Date � p By: � By: \nj�� �" " 4C� Form Approved by City Attorney Adopted by Council: Date J/:qy�[��n��s o?Odfo ri Adoption Certified by Council Secretary � Green Sheet Green Sheet � Green Sheet Green Sheet Green Sheet Green Sheet t11_ � 4q � .. , . Department/office(council: Date lnitiated: � Lp L����„�ti�„��t 11�1AN-06 Green Sheet NO: 3029372 Contact Person & Phone: Deoartment Sent To Person InitiallDate Uitginia D. Palme� " � 0 icenselios ectio o"ron 266-8710 q�jg� 1 icense%In ectioWEnvironPro De artmentDirector Must Be on Council Agenda by (Date): Number Z .� - For Routing 3 a or's O�ce iVla or Assistant Order 4 ouncil 5 i Clerk Ci Clerk � ToWI # of Signature Pages _(Clip All Loptions for Signature) Action Requested: Approval of the attached resolution to take adverse action against the Mobil Food Vehicle license held by Papa John's Internationai, Inc., d/b/a Papa John's Pizza #5000 (License ID#0068424) for the City of Saint Paul. � Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: .. Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a aty employee? Yes No � 3. Does this person/firm possess a skill not normally possessed by any - curzent city employee? Yes No � F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ABer an inspecrion, the licensee's vehicle was found to be unacceptable for food prepazation and/or food storage. After notification, licensee failed to respond to the Norice of Intent to Revoke License. � AdvanWgeslfApproved: . _ Revocation of license as recommended by the Office of LIEP. - DisadvanWgeslfApproved: " None. - Disadvantages if Not Approved: � Total Amount of " Transaction: . CosURevenue Budgeted: Funding Source: Activity Number. p e,,, s�,a=f ��,.�,�.. �„ g t✓9J50-'��cr:,:,e,.,.._.� . � Financiallnformation: , (Explain) JAN 1 '7 2005 swcxi PAUL �A't AAAA �� � bl�-�9 � OFFICr. ,;F TT� CITY ATTORNEY MmxuelJ. Cervmves, Citydnorney CTTY OF SAINT PAUL nm,a,� c. �rt�, a��,o> December 14, 2005 Craig Sundberg Papa John's Pizza #5000 28333 - 98 %2 th Street Zimmerman, MN 55398 crv�r�on aoo c;�.xan IS P'estKellop,ABlvd SaintPaul, Mmttesota SSIO2 NOTICE OF INTENT TO REVOKE LICENSE Telephone: 65I 266-8710 F¢csimile: 65I 298-5679 RE: Mobile Food Vehicle license held by Papa John's International, Inc., cUb/a Papa John's Pizza #5000 for the City of Saint Paul License ID # 0068424 Deat Mr. Sundbergt The Office of License, Inspection and Environmental Protection has recommended revocafion of the Mobile Food Vehicle license held by Papa John's International, Inc., d/b/a Papa John's Pizza #5000 for the City of Saint Paul. The basis for the recommendation is as follows: Your establishment owns a pizza truck with a mobile food license. This vehicle was first inspected in April of 2003. The inspector noted he was unable to arrange a subsequent inspection until November 23, 2005. During the inspection on November 23, 2005, the inspector found the vehicle to be violation of curtent code requirements which made it unaccepfable for food preparation and/or food storage. As a result of the inspection, the licensing office is recommending revocation of your mobile food license. AA-ADA-EEO Employer Papa John's Pizza #5000� December 14, 2005 � Page 2 At this time you bave three options on how to proceed: � �� _ 1. If you wish to have a public heariug before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public heariug. We will need to receive your letter by Tuesday, December 27, 2005. Tl�e matter will then be scheduled before the City Council for a public hearing to detemvne whether to revoke your license. You will have an opporhmity to appeaz before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a heazing before an Ad�siinistrative I.aw Judge. 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. Paul City Council will ultimately decide the case. If tUis is your choice, please advise me no latez thau Tuesday, December 27, 2005, and I will take the necessary steps to schedule the administrative hearing. 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 Christine Rozek in the Office of License, Inspecfions and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minuesota 55101- 1002 no later than Tuesday, December 27, 2005. You haue the option to request a refund of the license fee if you submit a statement in writing that this vehicle will not be used for food preparation or storage until it meets all current code requirements and receives written approval for use from Environmental Health. If I have not heard from you by that date, I will assume that you are not contesting the revocation of your license. Sincerely, �� Rachel Gunderso Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Sue Tumer, Papa John's International, 2003 Papa John Boulevazd, Louisville, KY 40299 AA-ADA-EEO Employer � STATE OF iI�IINNF.SOTA ) ) ss. COUNTY OF RAMSEY ) � d�p'�C AFFIDAVIT OF SERVICE BY U.S. MAIL MEGFIAN McGIVERN, being first duly swom, deposes and says that on December 14, 2005, she served the attached NOTICE OF INTENT TO REVOKE L.ICENSE by placing true and correct copies thereof in envelopes addressed as follows: Craig Sundberg Papa 7ohn's Pizza #5000 28333 - 98 1 h th Street Zimmerman, MN 55398 Sue Tumer Papa 7ohn's International 2003 Papa John Boulevard I.ouisville, KY 40299 (which are the last known addresses of said persons) depositing the same, with postage prepaid, in the United 5tates mail at St. Paul, Minnesota. I ': :�%JL [� iJ� I MEGIIAN McGIVERN Subscribed and sworn to before me this 14th day of December, 2005. � C�:� ���� otaz rubi�� au�� �ivE �aus �OTARY PUBitC -RAIN� dESOTA P�5' CC7rA�91Su16P8 �XFlR�S JA��. 39, 2 0 9 0 X