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06-949Council File # / °� Green Sheet #� crnr Presented by RESOLUTION SAINT PAUL, MINNESOTA 1� 1 WIIEREAS, adverse action was taken against all the licenses held by San Pelino, Inc., d/b/a Pelino 2(License ID#0016175) for the premises located at 1905 Stillwater Avenue in Saint Paul, by Notice of 3 Intent to Suspend Licenses dated September 12, 2006, alleging there was a lapse in coverage on the 4 licensee's liquor liability insurance from February 28, 2006 through Mazch 17, 2006, and he was 5 delinquent in paying his license fees and late fee penalties; and 6 7 WHEREAS, the licensee did respond to the Notice of Intent to Suspend Licenses to contest the 8 allegation or submit updated insurance information and pay the delinquent license fees and late fees; and 9 10 11 12 13 14 15 16 WIIEREAS, Notice of Intent to Suspend Licenses stated that if the licensee failed to contest the allegation or submit updated insurance information and pay the delinquent license fees and late fees by September 22, 2006, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that all the licenses held by San Pelino, Inc., d/b/a Pelino are hereby suspended. Yeas Nays Absent Benanav p/ BOStiom J/ HarriS � Helgen �/ Lanhy �/ Montgomery �/ Thune ,/ f Adopted by Council: Date /Q /�� Adoption Certified by Council Secretary BY� i ,��/O�� Approved by a Date b��" V � By: Requested by Department o£ ♦ / �, �� Fo roved by City Attomey , By: Form A ve by or f S bm' sion t Council By: ot�� '� � Green Sfieet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet LP — Liceuse/Inspxtion/Endson Prot I 27SEP-06 Contact Pe�son 8 Pho�: Rachel Gunderson 266 8770 Doc. Type: EAocume�tRequired: Y DocumentContacL• JulieKraus ContaM Phone: 2668776 � Assign Number FM Routing Order Tofal # of Signature Pages _(Clip NI Locatians for Signature) Green Sheet NO: 3033129 Department SentTOPerson 0 icenseJln 'on/Gnviron Pro � 1 icen 'on/Enwon Pro artment I)irector 2 ' Atto 3 a or's ce Ma or/Assistaut 4 omN 5 erk (S erk Approval of ffie attached resolurion to take adverse action against all the licenses held by San Pelino, Inc., d/b/a Pelino (License ID #0016175) for the premises located at 1905 Stillwater Avenue in Saint Paul. idations: Appro�e (A) or R Planning Commission CIB Committee Cidl Service Commission (R): I Personal Service Contracts MustMswerthe Following Questions: 1. Has this persoNfirtn e�er wo�iced under a coMract for this department? Yes No 2. Has this persorJfirm e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? Yes No ExpWin all yes answers on separote sheetand attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee has a lapse in liquor liability coverage from February 28, 2006 through March 17, 2006 and is aiso delinquent in paying license fees and late fee penalties. Advantages If Approved: Suspension of all licenses as recommended by the Office of LIEP. Disadvantages IfApproved: None. SEP � � 2006 Disadvantaqes If Not Approved: �otal Amount of 7ransaction: Fundinp Source: Financial Information: (Euplain) CosflRevenue Budgeted: Activily Number: c��=�sra�i; �{;?eBGY 1��?°Gil �., �" : ��7' September 27, 2006 9:21 AM Page 1 �� ,�-q�� CITY OF SAII�IT PAUL Christopher B. Co7eman, Mayor September 12, 2006 OFFICE OF THE CITY ATTORNEY Jahn J Chai, CityAttorney CivilDivi.rion � 400 City Ha11 IS �estKeZloggBZvd SaintPau� M"mnesota SSIO2 Telephone: 65I 266-87I0 FacsimiZe: 657 29&5619 NOTICE OF INTENT TO SUSPEND LICENSES Owner/Manager Pelino 1905 Stillwater Avenue St. Pau1, MN 55119 RE: All licenses held by San Pelino, Inc., d/b/a Pelino for the premises located at 1905 Stillwater Avenue in Saint Paul. License ID #: 0016175 Dear Sir/Madam: The Office of License, Inspecfions and Environmental Protecfion has recommended suspension of all the licenses held by San Pelino, Inc., d/b/a Pelino for the premises located at 1905 Stillwater Avenue in Saint Paul. The basis for the recommendation is as follows: On March 20, 2006 the Office of License, Inspections and Environmental 'Protecfion received liquor liability insurance information from you effective March 17, 2006. After review, it was noted that there was a lapse in coverage from February 28, 2006 through March 17, 2006. On Apri120, 2006, you were given a warning because payment of your license fees was delinquent. You were given until May 19, 2006 to pay the fees. Again, on June 9, 2006, you given a second warning, in person, to pay the delinquent license fees by June 12, 2006. At this time, the total amount due is $6,715.00 which includes $5,073.00 in license fees and $1,642.00 in IaEe fee penalfies. According to licensing records, neifher the deliaquent license fees and penalties have been paid nor an updated cerEificate of liquor liability insurance submitted. AA-ADA-EEO Employer Pe�o September 12, 2006 Page 2 �` At this time, you have three options on how to proceed: �, . o(� -q� 1. If you wish to continue to do business in the City of Saint Paul, you will need to submit an updated cer[ificate of liquor liability i.n_�uance and pay the delinquent license fees and penalties to the Office of License, Inspections and Environmental Protecfion at 8 Fourth Sfreet East, Suite 200, St. Paul, Miunesota 55101-1002 no later than �-iday, September 22, 2006. Informafion should be directed to the attention of Christine Rozek. A self-addressed envelope is enciosed for your convenience. Payment of the fine and submission of updated liquor liability insurance information will be considered to be a waiver of the hearing to which you aze entitled. 2. If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement adxnitting the facts and requesting a public hearing. We will need to receive your letter by Friday, September 22, 2006. 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 opport�xnity to appear befare 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 Friday, September 22, 2006. Information should be directed to the attention of Christine 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 questions about these options, piease feel free to contact me at 266-8710. Sincerely, �� Rachel Gunders n Assistaut City Attorney cc: Christine Rozek, Deputy Director of-LIEP 7ames Mastroddi, 1899 Stillwater Avenue, St. Paul, MN 55119 AA-ADA-EEO Employer STATE OF NIINNESOTs`l �. � ss. COUNTY OF RAMSEY ) i / I n AFFIDAVIT OF SLr �ICE BY U.S. MAIL �� NLIE KRAUS, being first duly sworn, deposes and says that on September 12, 2006, she served the attached NOTICE OF iNTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: OwnerlManager Pelino 1905 Stillwater Avenue St. Paul, MN 55119 James Mastroddi 1899 Stillwater Avenue St. Paul, MN 55119 (which is the last known 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 12�' day of September, 2006 � (/�V / G�%' �/ ° i <%E' _ r/ \ Not Public ��.,,� . RITA M. BOSS:�+�v ' NO7ARYPUBt1C-MIN�IESOTA < �py COMMISSION p FJCpiRESJAN.31.209 0 � �� a�� Julie Kraus