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06-92CouncIl File # _ 01� - 9� Green Sheet #�Q J t J PRESENTED BY REF'ERRED TO � COrirSITTEEt DATE z WHEREAS, adverse action was initiated against the Restaurant (B) - more than 12 seats a license application submitted by Dan Sylavong, d/b/a Dan Esan Cuisine (License ID# 20050004235) 4 for the premises located at 995 Univezsity Avenue West in Saint Paul, by Notice of Intent to Deny s License Application dated December 22, 2005, alleging that during a Restaurant Inspection on s November 30, 2005, an inspector found forty-one (41) health code violations in the operation of the v restaurant; and s s WHEREAS, the licensee did not respond to the Notice of Intent to Deny License Application io to contest the allegation; and ii iz WHEREAS, the Notice of Intent to Deny License Application stated that if the licensee failed ia to respond by January 3, 2006, that the matter would be placed on the consent agenda to impose the i4 recommended penalty; now therefore, be it is is RESOLVED, that the Restauxant (B) - more than 12 seats license application submitted by Dan i v Sylavong, d/b/a Dan Esan Cuisine is hereby denied. is is Requested by Department of: Adoption Certified by Council Secretary BY� ////.�ii�i�i'.�lSd�i , Approved� or: Date _ � � By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA By' ��AtidM.,.t/ � �—"'�'�--' Form Approved by City Attorney By: Approved b�1�Ia�o� for Submission to Council By: Adopted by Council: Date lJ�� _. <� �, , � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � I�G-q2 ., - . - Departrnenf/office/council: Date Initiated: LP — ��srllnspection/EnvironProt 11-JAN-06 Green Sheet NO: 3029375 Contact Person 8 Phone: Deoartment Sent To Person Initial/Date V�gina D. Palmer � 0 icens ns eMio nviron Pro 26G8710 p��y� I icense/Ins eetio nviron Pr De artment Director Must BB on Council .gqenda by (Date): Number Z � Att rne �.. L For /YlA Routing 3 a or'sOffice Ma or/Assista f - Order 4 ouncil 5 i Clerk Ci Cluk Total # of Signature Pages _(Clip All Lorations for Signature) Action Requested: Approvat of the attached resolution to take adverse action against the Restaurant (B) more than 12 seats license application submitted by Dan Sylauong, d(6/a Dan Esan C�isine (License ID#20050004235) for the premises located at 995 University Avenue West in Saint Paui. Recommendations: Approve (A) or Reject (R): Persoaal Se�vice Contracts Must Answer the Following questions: Planning Commission 1. Has this person/firm ever worked under a conUact for this departrnenY? CIB Committee Yes No Civil Service Commission � 2. Ftas this personlfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curtent 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): During a Restaurant Inspection on November 30, 2005, licensee was cited for forty-one (41) health code violations in the operation of the restaurant. After notification, licensee failed to respond to the Notive of Intent to Deny License Applicarion. AdvanWges If Approved: License denial as recommended by the Office of LIEP. Disadvantages If Approved: None. DisadvanWges If Not Approved: a Total Amount of CosURevenue Budgeted: Transaction: Funding Source: Activity Number. �, .�a,. ��.F,•f^3# �^�„`?�.',_,; L�°�'i1.c�' Financial Information: (Explain) JAN 17 2005 � (�. r OFFIC�-.�F THE CITY ATTORNEy MmureT J. Cervarues, CiryAnorney �� swixr PAUL � AAAA CITY OF SAINT PAUL Rm`dy C. Ke11y, Mayor December 22, 2005 c�Drv�an 400 CityHall IS WestKe7log,qBlvd SaiutP¢ul, M SSIO2 NOTIC`E OF INTENT TO DENY LICENSE APPLICATION Own.er/Manager Dan Esan Cuisine 995 University Avenue West St. Paul, MN 55104 Te7ephone: 65l 266-87I0 F¢csimile: 657 298-5619 RE: Restaurant (B) - more than 12 seats license application submitted by Dan Sylavong d/b/a Dan Esan Cuisine for the premises located at 995 University Avenue West in Saint Paul License ID # 20050004235 Deaz SirlMadam: The Office of License Inspections and Environmental Protection has recommended denial of the Restaurant (B) - more than 12 seats license application submitted by Dan Sylavong d/b/a Dan Esan Cuisine for the premises located at 995 University Avenue West in Saint Paul. The basis for tlie recommendation is as follows: During a Restaurant Inspection on Juiy 14, 2005, an inspector found forty-oae (41) health code violations in the operation of your restaurant. Of the 41 violations sited, fourteen (14) were considered critical violations and twelve (12) were repeat violations. Durin� a site visit on November 30, 2005, many of the same violations were sited. Also, the inspector was toid b.y your son that you had no intention of changing any of yonr food handling practices. At this time you have three options on how to proceed: You can follow the recommendations of the July 14, 2005 inspection report and bring your restaurant into compliance. You would then need to contact Kim �azlton, Environmental Health Specialist at (651) 266-9090 to schedule a reinspection by Tuesday, January 3, 2006. AA-ADA-EEO Erap7oyer .1 . � Dan Esan Cuisine � - December 22, 2005- � � � � � Page 2 2. If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a lettez with a statement 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 City Council for a public hearing to deteimiue whether to deny your license application. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3- If you dispute the above facts, you can request a hearing before an Admiuistrative Law Judge: At that hearing both you and the City wili be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paui City Council will ultimately decide the case. If this is your choice, please advise me no later than Tuesday, January 3, 2006, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the denial of your license application. Lf you have any questions, feel free to cali me or have your attorney cail me at (65]) 266-8710. Sincerely, Z�d� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Directar of LIEP Dan Sylauong, 2408 Edinbrook Tenace, Brooklyn Park, MN 55443 AA-ADA-EEO Employer ,� �� (._ n�'�� STATE OF NIINNFSOTA } ) ss. COiJNTY OF RAMSEY ) AFT+IDAVIT OF SERVICE BY II.S. MA.IL 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,ICATION by placing true and correct copies thereof in envelopes addressed as follows: Owner/Manager Dan Esan Cuisine 995 University Avenue West St. Paul, MN 55104 Aan Sylavong 2408 Edinbrook Terrace Brooklyn Pazk, MN 55443 (which are the last known addresses of said persons) deposifing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � �� . . . � � , /�_ � _� �L _; _ MEGHAN McGIVERN Subscribed and sworn to before me this 22nd day of December, 2005. Public � F .iULiE �i�tV� BCi2AUs - �OTARY Ft1EUG - MiNNESOT�. l�A:' G��lSSPO� , - EAr`'IRcS �Ao°U. 39. 2 6 8 �