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07-186Council File # D � Green Sheet # � 2�(� G,(��, Presented ( �� RESOLUTION '� OF SAINT PAUL, MINNESOTA �,\\ � �� WHEREAS, adverse action was taken against the Ma1t On Sale (Strong); Wine On Sale and Restaurant (B) more than 12 seats licenses held by Ketsana's St. Pau1 Restaurant, Inc., dfbfa Ruam Mit Thai Cafe (License ID #20040001411) for the premises located at 475 St. Peter Street in Saint Paul by Notice of Intent to Suspend Licenses dated January 30, 2007, alleging licensee failed to pay the Second Half of the Wine On Sale license fee and submit copies of gross sales and receipts from the sale of food and beverages for 2005 and 2006; and 9 WFIEREAS, licensee did not respond to the Notice of Tntent to Suspend Licenses to contest the 10 allegafions, pay the license fee and submit a copies o£ the requested information; and 11 12 WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to contest the 13 allegations, pay the license fee and submit the requested information by February 9, 2007, that the matter 14 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 15 16 RESOLVED, that the Malt On Sale (Strong); Wine On Sale and Restaurant (B) more than 12 seats 17 licenses held by Ketsana's St. Pau1 Restaurant, Inc., d/b/a Ruam Mit Thai Cafe are hereby suspended. 18 Requested 6y Department of: •... . -.� . . - - , .r� �� -' �'-- . � • �. . � . �, � �/ �/� �L.��... � 1 - Form roved by CiTy omey By: � Form App ed b M or for S m' si n to Council By: Adopted by Council: Date Z Z�—�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07 /gb LP — I.iccense/Snspec.tion/EnvironProt Contact Person & Phone: Rachel Gundecson 266-8770 Doc. Type: RESOLUTION E-Document Required: Y Document Confact: Julie Kraus CoMSd phone: 266-8776 13-FE8-07 � Assign Number For Order Total # of Signature Pages _(Gip NI Locations for Signature) Green Sheet NO: 3Q36983 0 • 'censelSn nviron Prot 1 Licevse/Inspection/Environ Prot � Department Dicector 2 ' Attome 3 a oYS Office Ms or/ASSistant 4 ,Council 1 5 ' Clerk GS Cleck Approval of the attached resolution to take adverse action against the Malt On Sale (Shong); Wine On Sale and Restaurant (B) more than 12 seats licenses held by Ketsana's St, Paul Restaurant, Inc., d/b!a Ruam Mit Thai Cafe (License ID#2QQ40QQ1411) for the premises located at 475 St. Peter Street in Saint Paul. itlations: Approve (A) or Reject (R): Personal Service CoMracts Must Answer the Following Questions: Planning Commission 7. Has this personlfirtn ever worked under a contrect for this department? CIB Cammittee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Prnplem, lssues, Oppnrtunity (Whn, What, When, Where, Why); Licensee failed to pay the second half of the Wine On Sale license fee and submit copies of gross sales and receipts from the sale of food and beverages for 2005 and 2006. ARer notification, licensee failed to respond to the Notice of Intent to Suspend Licenses. AdvanWges Ifi Approved: License suspension Disadvantages If Approved: None Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (E�cPlain) Activity Number: FEB 2:1 2007 MAYOR'S OFF►( �� °4�� E� 2 � 2Da? CostlRevenue Budgeted: February 13, 2007 2:19 PM Page 1 OFFICE OF TF� CITY ATTORNEY 3oYm J. Choi, CiryAKOmey /�/ � � � ,[o SAINT PAUL � AAAA cz� oF sa�rrr pAUl� ChristopherB. Cdemm; Mayor CiviZDivision 400 CityHall IS YVesE sa�rr�r, Nr,,,�som ssioz Telephone: 65I 2'66-87I0 F¢csimile: b51298-5619 January 3�, 2007 NOTICE OF INTENT TO SUSPEND LICENSES Owner/Manager Ruam Mit Thai Cafe 475 St. Peter Street St. Paul, MN 55102 KE: Ma1t On Sale (Strong), Wine On Sale and Restaurant (B) more than 12 seats licenses held by Ketsana's St. Paul Restaurant, Inc, d/b/a Ruam Mit Thai Cafe for the premises located at 475 St. Peter Street in Saint Paul LicenseID #:20040001411 Aear Sir/Madam: The OfFice of License, Inspections and Environmental Protection has recommended suspension of the Malt On Sale (Strong), Wine On Sale and Restaurant (B) niore than 12 seats licenses held by Ketsana's St. Paul Restaurant, Inc., d/bfa Ruam Mit Thai Cafe for the premises located at 475 St. Peter Sfreet in Saint Paul. The basis for the recommendation is as follows: On November 2, 2006, you were sent a THII2D REQTTEST letter from the Office of License, Inspections and Environmental Protecfion (LIEP) requesting copies of your Minnesota Department of Revenue monthly tas statements for 2005 and 2006. The food and alcohol statement you submitted was not accepfable. This is a violation of your license condition which states: "Per City of Saint Panl Legislative Code 409.15 - the sale of Wine on Sale and Malt on Sale (Sfrong) will take place only conjunction with tHe sale and service of food (menu ifem only). Copies of grosslrevenue receipts from the sales of food, wine and beer, showing af least sigty (60) percent attributable to the sale of food, shall be made available for review upon request of the Director of the Office of License, Inspection and Environmental Proteciion or his/her designated represenfative." AA-ADA-EEO Employer Rum Mit Thai Cafe Januaty 30, 2007 Page 2 Inifially, yon were given nntil November 16, 2006, to submit the requested information. The Office of LIEP has contacted you severaY fimes in order to obtain this informafion. You were then given an egtension nnfil December 29, 2006. As of today's date, fhat information has not heen received. In addition, according to LIEP records, you have not paid your Wine on Sale (Second Hai� license fees. The amount now dne is $1,126.00 ($865.00 license fee and $261.00 in late fees). At this time, you have three opfions on how to proceed: ��-�g� 1. Xou need to submit the requested information and license and late fees to the Office of License, Inspections and Environmental Protecfion at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, February A, 2007. Information should be directed to the attenfion of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Submission of requested information and payment of the license and late fees will be considered to be a waiver of the hearing to which you are entifled. 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 admitting the facts and requesting a public hearing. We will need to receive your letter 6y Friday, February 9, 2Q07. 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 opportunity to appear before the Council and make a statement on your own behalf. If you no longer wish to do business in the City of Saint Paul, yon may send a written statement to that efFect to the O�ce of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, Febrnary 9, 2007. Information should be directed fo the attention o€ 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 haue questions, please feel free to contact me at 266-8710. Sincerely, �� Rachel Gund s Assistant City Attorney ca Christine Rozek, Deputy Director of LIEP Ketsana Suvanphim Bechtel, 8075 Narcissus Lane North, Maple Crrove, NiN 553ll AA-ADA-EEO Employer STATE OF MINNESOTA) O� `�� ) ss. AFFIDAVIT OF S�RVICE BY I3.S. MAII� COUNTY OF RAMSEY ) Julie Kraus, being fust duly sworn, deposes and says that on the 31 day of January, she served the attached NOT`ICE OF fNTEN'T TO SUSPEND LICENSES by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Ruam Mit Thai Cafe 475 St. Peter Street St. Paul, MN 55102 Ketsana Suvanphim Bechtel 8075 Narcissus Lane North Maple Grove, MN 55311 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �• � Ju1ie Kraus Subscribed and sworn to before me this 31 ST day of January, 2007 ��i��r�_� �c`��1� o ��y Public RITA M. BOSSARD lpTARY PUBLIC • MWNESO7A MiY COMMISSION �NiRES JAtd. 31, 2 0 1 0