07-137Council File # �
Green Sheet # '� Q � '
.� v�.v � �v�.
OF S T PAUL, MINNESOTA �
Presented by
2
3 WHEREAS, adverse action was taken against the Malt On Sale (Strong); Wine On Sale and
4 Restaurant B more than 12 seats license applications submitted by Macalus Jr., LLC, d/b/a Fatheadz
5(License ID #20060002374) for the premises located at 735 Snelling Avenue North in Saint Paul by Notice
6 of Intent to Deny Licenses dated January 8, 2007, alleging City Council denied licensee's appeal to a
7 decision of the Boazd of Zoning Appeals denying him a pazking variance in order to establish a restaurant.
8 As a result, his license applications were also denied; and
9
10 WHEREAS, the licensee did respond to the Notice of Intent to Deny Licenses to contest the
I 1 allegations; and
12
13 WHEREAS, the Notice of Intent to Deny Licenses stated that if the licensee failed to contest the
14 allegations by January 19, 2007, that the matter would be placed on the consent agenda to impose the
15 recommended penalty; now, therefore, be it
16
17 RESOLVED, that the Malt On Sale (Strong); Wine On Sale and Restaurant B more than 12 seats
18 license applications submitted by Macalus Jr., LLC, d/b/a Fatheadz are hereby denied.
19
Requested by Deparnnent oE
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Form � ve �by City�ttorney
By: ����
Adoption Certified by Councjl Secretary Form v d� May ,�r Su n ission to Council
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BY � By:
Approved by Date �a l p�
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By:
Adopted by Council: Date ��/���/
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OFFICE OF TFIE CITY ATTORNEX
.7ohn J. Choi, CityAnorney
C IA 1 Ol ilnLLV 1 PAVL CivilDivirion
C1a�stopherB. Colemme, Mayar 400 CityHatl - Telephmre_ 651266-8770
ISYYestKeZZoggBZvd Facsimile:651298-5679
Saini Paul, M"nmesora 55102
i
January 8, 2007
NOTICE OF INTENT TO DENY LICENSES
Fred Macalus, Jr.
Owner/Manager
Fatheadz
735 Snelling Avenue North
St. Paul, MN 55104
RE: Malt On Sale (Strong); Wine On Sale; Restaurant (B) mare than 12 seats license
applica6ons submitted by Macalus Jr., LLC d1b/a Fatheadz for the premises located
at 735 Snelling Avenue North in Saint Pau1.
License ID #: 20060002374
Dear Mr. Macalus:
The Office of License, Inspections and Environmental Protection has recommended
denial of the Malt On Sa1e (Strong); Wine On Sale; Restaurant (B) more than 12 seats license
applications submitted by Macalus Jr., LLC d16/a Fatheadz for the premises located
735 Sneliing Avenue North in Saint Paul. The basis for the recommendation is as follows:
On December 6, 2006 a piablic heareng Fvas hPld ±o sonszd�r yoerr appeal to a
decision of the Board of Zoning Appeals denying a parldug variance in order
to establish a restaurant at 735 North Snelling. At that public hearing City
Council denied your appeal (Council File #06-1ll8) which then denied your
parldng variance.
As a result of the denial of your parking variance, the licensing off'ice has
recommended denial of your license applicatfons.
AA-ADA-EEO Employer
Fatheadz
January 8, 2007
Page 2
��-.
At ttus fime, you have three options on how to proceed:
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1. 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 admitting the facts and requesting a public hearing. We
will need to receive your letter by Friday, January 14, 2007. The matter will then be
scheduled before the City Council for a public heating to determiue whether to deny your
license applications. You will have an oppoitnuity to appear before the Council and
make a statement on your own behalf.
2. If you dispute the above facts, you can request a hearing before an Aduiiuistrative Law
7udge. At t�at hearing both you and ttxe City will be able to appear and present
witnesses, evidence and cross-exatniue the other's witnesses. The St. Paul City Council
will ultimately decide the case. If tlris is your choice, please advise me by Friday,
Jannary 19, 2607, and I will take the necessary steps to schedule the administrative
heaxing.
3. You may withdraw your license applications. Send a written statement to that effect to
the Office of License, Inspections and Environsnental Protection, 8 Fourth Street East,
Suite 200, St. Pau1,1V1innesota 55101-1002 no later flian Friday, January 19, 2007.
Information should be directed to the attention of Christine Rozek. Any request for a full
refund of the license application fees 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 license applications.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
����
Racnel Gunderson
Assistznt �it�,� A�to�ey
cc: Christine Rozek, Deputy Direcfor of LIEP
Fred Macalus, Jr., 8162 North Share Trail, Farest Lake, MN 55082
AA-ADA-EEO Employer
STATE OF MINNESOT� `�
) ss.
COUNTY OF RAMSEY )
�- o�-i3�
AFFIDAVIT OF SEI.JICE BY U.S. MAII.
Julie Kraus, being first duly sworn, deposes and says that on the $th day of 3anuary, she
served the attached NOTICE OF INTENT TO DENY LICENSES by placing a true and
correct copy thereof in an envelope addtessed as follows:
Fred Macalus, Jr.
Owner/Manager
Fatheadz
735 Snelling Avenue North
St. Paul, NII� 55104
Fred Macalus, Jr.
8162 North Shore Trail
Forest Lake, NIN 55082
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
P
Ju1ie Kraus
Subscribed and sworn to before me
this 8�' day of January, 2007
�� ���1- G���
�tot�ry Public
�
RIFA M. SOSSARD �
NOTARYPISBLiC•MiNNESOSA �
MY COMMI5510N
EXPfRES JAN. 31, 201 0
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