The URL can be used to link to this page

06-91Council File # n � _ `� Green Sheet # J � I � � � PRESE\'TED BY REFEitREn TO �q COrIMITTEE: DATE 1 2 3 4 J s v s s io u iz 13 14 15 WHEREAS, adverse action was initiated against the MAD-Game MacYaines; Pool & Billiard Hall and Restaurant (C) Limited license applications submitted by Huy V. Phan, d/b/a Cafe Nhu Y Boba Delight (License ID#20050002799) for the premises located at 422 University Avenue West in Saint Paul, by Notice of Intent to Deny License Applications dated December 22, 2005, alleging the proposed space was no longer available to licensee due to the fact that an eviction notice was posted at that location; and WIIEREAS, the licensee did not respond to the Notice of Intent to Deny License Applications to contest the allegation; and WHEREAS, the Notice of Intent to Deny License Applications stated that if the licensee failed to respond by January 3, 2006, that the matter would be piaced on the consent agenda to impose the recommended penalty; now therefore, be it is RESOLVED, that the MAD-Game Machines; Pool & Billazd Hall and Restaurant (C) iv Limited license applications submitted by Huy V. Phan, d/b/a Cafe Nhu Y Boba Delight are is hereby denied. is zo Requested by Department of: By: C��!'l-..tJ � �'dX/°' Adopted by Council: Date //�7UG �.sae�G Adoption Certified by Council Secretary By: Approved or: Date t/�7/(J� Byc �ti--G""�� — RESOLUTION CITY OF SAINT PAUL, MINNESOTA Form Approved by City Attorney i� / � / BY � �l (/tG��/' ( , � for Submission to Council Byc � Green Sheet Green . Sheet Green Sheet Green Sheet Green Sheet Green Sheet n1__q� DepartrnenUoffice/council: Date Initiated: v V ►1 ; �P -L;�,��,�„�ron�t '11-JAN-06 Green Sheet NO: 3029374 Contact Person & Phone- DeoartrneM SeM To Person InitiaUDate Vl�ginia D. Palme! � 0 � icensellns ection/E viron ro 266 qu�y� 1 icense/Ins eclion/Eoviron Pro D armient Director Must Be on Council Agenda by (Date): Number 2 � Attorne ' For Routing 3 vor's OfSce a or/Assistant . O�der 4 ouncil 5 lerk Ci Clerk Totai # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Approval of ffie attached resolution to take adverse action against the MAD-Game Machines; Pool and BIlliard Hall and Restaurant (C) Limited license applicarions submittedby Huy V. Phan, d/b/a CafeNhu Y Boba Delight (License ID#20050002799) for the premises located at 422 University Avenue West in Saint Paul. �� Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Gluestions: 'Planning Commission 1. Has this person/firm everworked undera contractforthis department? " CIB Committee ' Yes No � Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No " 3. Does this person/firm possess a skill not nortnally possessed by any , current ciry employee? " Yes No Explain all yes answers on separate sheet and attach to green sheet � Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Wh�: Licensee applied for a license at a proposed site that upon inspection was found to have an eviction notice posted. Afrer notificafion, . licensee did not respond to the Notice of Intent to Deny License ApplicaUOns. ' AdvantageslfApproved: ' Denial of licenses as recommended by the Office of LIEP. Disadvantapes If Approved: , None. �; Disadvantages If Not Approved: � Total Amount of � CasNRevenue Budgeted: ,,, Transaction: ��.� � y-:��:�p - Funding Source: Activity Number: � Financial Information: � JAPI 1 '7 2005 (Explain) �; �� CITY OF SAIN'T pAUL R�mdy C. Kelly, Mayor December 22, 2005 OFFICL �F THE CITY ATTORI�TEY MmwetJ. cervmdes, CityAttorney crvrz�;,a� 400 CiryHall IS WestKeZZo,eABFid SaintPaul, M"vvlesota 55702 NOTICE OF INTENT TO DENY LICENSE APPLICATIONS Owner/M Cafe Nhu Y Boba Delight 422 University Avenue West St. Paul, MN 55103 Te7enhone: 651266-8710 Facsimile: 651298-5679 RE: MAD - Games Machines; Pool & Billazd Hall; and Restaurant (C) Limited license applications submitted by Huy V Phan, d/b/a Cafe Nhu Y Boba Delight for the premises located at 422 University Avenue West in Saint Pau1 License ID # 20050002799 Deaz Sir/Madam: The Office of License Inspections and Environmental Protection has recommended denial of the MAD - Games Machines; Pool & Billazd Hall; and Restaurant (C) Limited license applications submitted by Huy V Phan, d/b/a Cafe Nhu Y'Boba Delight for the premises located at 422 University Avenue West in Saint Paul. The basis for the recommendation i's as follows: On December 16, 2005, during an inspection of the proposed space to be leased for Cafe Nhu X Boba Delight, a Fire Inspector and a License Inspector verified that there was an eviction notice posted at that location. As a result, this space is not longer avaiLlble to you as a license applicant. At this time you have two options on how to proceed: If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statemant admitting the facts and requesting a public hearing. We will need to receive your letter by Tuesday, January 3, 2006. The matter will then be scheduled before the Ciiy Council for a public hearing to detenniue whether to deny your license applications. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. AA.-ADA-EEO Employer �"� � Cafe Nhu Y Boba Delig�' ` December 22, 2005 Page 2 � ��—�' 2. 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, Miunesota 55101-1002 no later than Tuesday, January 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 ]icense applications. If you have any questions, feel free to call me or have your attorney call me at (651) 266-8710. Sincerely, � Rachel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Huy Phan, 10296 Fox Run Bay, Woodbury, MN 55129 AA-ADA-EEO Employer � STATE OF MIIVIVESOTA ) ) ss COIJNT'Y OF RAMSEY ) � 0�� 91 AF'�'IDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on December 22, 2005, she served the attached NOTICE OF INTENT TO DENY LICENSE APPL.ICA'ITONS bv piacing true and conect copies thereof in envelopes addressed as follows: Owner/Manager Cafe Nhu Y Boba Delight 422 University Avenue VJest St. Paul, MN 55103 Huy Phan 10296 Fox Run Bay Woodbury, MN 55129 (which are the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. il_ �. � �,. 11._ � . Subscribed and swom to before me this 22nd day of December, 2005. • !��,��A�/�✓ otary Public .�ULiE �N�iE KRAUS � I�OTHRY°UBLiC-+hlSdNESOTR � A&Y COAAftR1SSkaN _ E::P3RE JA�'. 39, 2 f� 9 9