07-268Council File # 7�
Green Sheet # j Q
RESOLUTION
CITY OF SAINT PAUL, MiNNESOTA ��
Presented by
2 WHEREAS, adverse action was taken against all licenses held by Debra Johnson, d/b/a Sports
3 Break (License ID#0031125) for the premises located at ll99 Rice Street in Saint Paul, by t�ofice of
4 Intent to Revoke Licenses dated February 8, 2007, alleging licensee failed to submit proof of properry
5 ownership or lease and pay delinquent license and late fees in violation of Saint Paui Legislative Code
6 310.06 (b) (13); and
8 WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to submit
9 proof of property ownership or lease and pay the delinquent license and late fees; and
10
11 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to submit
12 proof of property ownership or lease and pay the delinquent license and late fees by February 20, 2007,
13 that the matter would be placed on the consent agenda to impose the recommended penalty; now,
14 therefore, be it
15
16 RESOLVED, that all licenses held by Debra Johnson, d/b/a 5ports Break are hereby revoked.
17
Requested by Department of.
Adoption Certified by Council Secretary
BY� �, i.c .Siis-,
Approve b y. Date L �
By:
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Form ved y Ci,�y Att mey
By:
Form Ap ved b M or b' on to Council
By:
AdoptedbyCouncil: Date �r����7
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
07���'
�P -LicesselSnspection(E.nvironPtoi , �&MAR-07
CoMact Person 8 Phone:
Rachel Gunderson
266-8770
Doc.Type: RESOLUTfON
E-Document Required: Y
DocumentConWct: JulieKraus
�
Assign
Number
For
Routing
Order
Contad Phone: 266b776
ToWI # of Signature Pages ` (Clip All Lowtions for Signature)
Green Sheet NO: 3037602
0 icense/Ins 'on/Env'uon Prot
1 "censefln tionfEnvironProt De arWentDicector
2 ' Anorn
3 or's Office Ma orfASVSbnt
4 oancil
5 ' Clerk CS C�erk
Approval of the attached resolurion to take adverse acrion against all licenses held by Debra Johnson d/b/a Sports Break (License ID
#0031125) for the pxemises located at 1149 Rice Sheet in Saint Paul. , ,
Planning Commission
CiB Committee
Civil Service Commission
1. Has this personlfirm ever worked under a cont2ct for this department?
Yes No
2. Has this person(firm ever been a city employee?
Yes No
3. Does this personffirm possess a skiil not normally possessed by any
current ciry employee?
Yes No
Ezplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit proof of property ownership or lease and pay delinquent license and late fees in violation of Saint Paul
Legislative Code 316.06 (b) (13). After notification, licensee did not respond to the Norice of Intent to Revoke Licenses.
Advantages If Approved:
License revocation.
DisadvanWges If Approved:
None.
DisadvanWges lf NotApproved:
Transaction:
Funding Source:
Financial Information:
(Explain)
��'�i� �ti��� ��
��
CosURevenue Butlgeted:
Activiry Number.
March 8, 2007 534 PM Page 1
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OFFICE OF TI� CITY ATTORNEY
.Iohn J. Choi, Ciry�tnorney "
cI� �F `S�T pAv!� CiviZDivisian
ChristopherB. Coleman, Mayor 400 CityHa11
- ZS WestKe77oggBlvd
, SointPauT, lvfmnesota 55102
February 8, 2007
NOTTCE OF INTENT TO REVOKE LICENSES
Debra 7ohnson
Sports Break
1199 Rice Street
St. Paul, MN 55117
Te7ephoae; 657 266-8770
Facs'vniZe: 6�I 298-5619
RE: Ali Iicenses held by Debra Johnson, dlbfa Sports Break for the premises located
at 1199 Rice Street in Saint Paul.
License TD #: 0031125
Dear Ms. 7ohnson:
The Office of License, Inspecfions and Environmental Protection has recommended
revocation of all licenses held by Debra 3ohnson, dfbla Sports Break for the premises locaied at
1199 Rice Street in Saint Pau1. The basis for the recommendation is as follows:
On October 11, 2006 and Admittistrative Hold was placed on the renewal bf .
your licenses pending proof of property ownership or lease. On November 8,
the Office of LIEP was informed that the bar had been closed since
November 1, 2006 pending the outcome of that issue.
On January 30, 2007, you were sent a Renewal Invoice in the amount of
$4,422.00 (license and late fees). The invoice showed your licenses egpired as
of October 31, 2006. As of today's dafe, your delinqnent license fees and late
fees have not been pai�T and you have not submitted proof of property
ownership or lease.
This is a violation of Saint Paul Legislative Code 310.06 (b) (13) which stafes:
"Sucfi adverse action may be based on one (1) or more of the following
reasons......The licensee has failed to pa}� license fees within 60 days of the
date the fees are due. Licensee mnst pay any outstanding fees and delinquent
fees in total. Failure to do so wit}un 60 days of the due date may result in
revocation of the license,"
AA-ADA-EEO Employer
Sports Break
February 8, 2007
Page 2
(�
At this time, you have four options on how to proceed:
�c.
07���'
1. Xou can pay the delinquent license and late fees. Tf this is your choice, you should make
payment disectly to the Office of License, Inspections and Environmental Protection, at 8
Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Tuesday,
February 20, 2007. Ittformation should be directed to the attettfion of Cfiristine Rozek.
A self-addressed envelope is enclosed for your convenience. Paytnent o£the delinquent
licevse and late fees will be considered to be a waiver of the hearing to which you are
entitted.
2. If you wish to have a public hearing before fhe 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 Tuesday, February 20, 2007. The matfer wi11 then be
scheduled before the City Council for a public hearing to determine whether to revoke a11
of your licenses. Xou will haue 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 heazing be£oxe an Administrative Law
Judge. At that hearing both you and the City wil� be able to appear and present
witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council
wi?1 ;;l�matel� dec3de *1ie case. If tivs is your choice, please advise xne r.o later t'�an
Tuesday, February 20, 2007, and I will take the necessary steps to schedule the
administrative hearing.
4. If you no longer wish to do business in the City of Saint Pau1, you may send a written
statement to that effect to the Office of License, Inspections and Environrnental
Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than
Tuesday, February 20, 2007. Information should be directed to the attention of
Christine Rozek.
If you have not contacted me by that date, I will assume you do nof contest the revocation
of your licenses.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
2���
Rachel Gunders
Assistant City Attorney
ca Christine Rozek, Deputy D'uecEor of LIEP
Debra 7ohnson, 1141 Rice Street, St. Paul; MN 55117
Kerry Antrim, Community Organizer, District 6 Planning Cbuncil
213 Front Avenue, St. Paul, MN 55117
AA-ADA-EEO Eaiployer
3TATE OF MINNESO�%' �
} ss.
COUN1'Y OF RAMSEY )
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AIEFIDA�'I�i' OF 3E VICE BY U.S. M�3I.
Julie Kraus, being first duly sworn, deposes and says that on the 8�' day of February, she
served the attached NOTICE OF INTENT TO REVpKE LICENSES by placing a true and
correct copy thereof in an envelope addressed as follows:
Debra Johnson
Sports Break
1199 Rice Street
St. Paul, MN 55117
Debra Johnson
1141 Rice Street
St. Pau1, MN 55117
Kerry Antrim, Community Organizer
I�istriat 6 Planning Council
213 Front Avenue
St. Paul, MN 55117
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota. ,
, IA.tW-�
3ulie Kraus
Subscribed and sworn to before me
this 8`�' day of February, 2007
,av /l� ` �'� 6L-�"
No Public
R1TA M. SOSSARD
FypTpRY PUBLIG MINDIESOTA
MY GOMMISSION
- EXPIRES JAN. 37 . 2 �� 0
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Section 1.
Section 310.06 nf the Saiat Paul Legisiative Code is hereby amended to read as follows:
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions:
(a) Council may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or all licenses or permits, licettsee or
applicant for a license, as provided in and by these chapters. Adverse actions against
entertaimuent licenses issued under Chapter 41 I of the Legisiative Code may be initiated
for the reasons sat forth in subsection (b) below, or upon any lawful grounds w}uch �re
communicated to the license holder in writing prior to the hearing before the coiancil:
Such actions shall be initiated and cartied out in accordance with the procedures outliuefl
in sec*ien 3? O.Q5; Yaovi3ed, however, t?�at the fe:�z1 n��ce efheari*:g shall?�e used te
initiate the adverse action without the use ofprior procedurai steps.
(b) Basis for action. Such adverse acrion may be based on one (1) or more of the following
reasons, which are in addition to any other reason specifically provided by law or in these
chapters:
(1) The license or permit was procured by misrepresenfation of material facts, fraud,
deeeit oz bad faith.
(2) The applicant ar one acting in his ar her behalf made orai or written
misstatements or misrepresentations of material facts in or accompanying the
application.
(3) The license was issued in violation of any of the provisions of the Zoning Code,
or the premises which aze licensed or which are to be licensed do not comply with
appiicable kealth, housing, fuz, zoning and huilding codes and regulations.
(4)
(5}
t�
The license or parmit was issued in violation of 1aw, without authority, or under a
material mistake of fact.
The Jicensee or applicant has failed to comply with any condition set forth in the
lieense, or set forth irt the resolution granting or renewing the license.
a. The licensee or appficant (ar any person whose condnct map by law be
imputed to the licensee or applicant) has vialafed, or performed any act
which is a violaYion of, any of the provisions ofthese chapfers or of any
statute, ordinauce or regulation reasonably related to the licensed acfivity,
regardless of wketl�er crimuial charges have or have not been bzougfit in
connection therewith;
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b. The Izcensee or applicant has been convicfed of a crime Chat may
disqualify said. applicant from halding the Sieense in quesfion under the
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standards and procedures in Minnesofa Sfafutes Chapter 364; or
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c. Tfie licensee or applicant (or any persoa whose conduct may by Iaw be
imputed #o the Iicensee or applicant) has engaged in ox permitted a pattern
or practice of conduot of failure to comply with Iaws reasonably related fo
#he licensed activify ox from which an inference of lack of fitness or good
ciiaraeter may be draw�n.
(7} The acfivities of the licensee in tfie Iicensed activity creafed or have created a
serious danger fo fhe public health, safety or welfare, or the licensee performs or
has performed his ar her work or acfi�zfy in an unsafe manuer.
(8) The licensed business, or the way in which such husiness is aperated, maintains
or permits conditions tbat unreasonably annoy, in,}ure ar endanger the safety,
health, morals, comfort or repose of any considerable number of inembers of the
public.
(9) Failure to keep sidewallcs or pedesfrian ways reasonablq free of snow and ice as
required under Chapter 114 of the Saiut Paul Legislative Code.
(10) The licensee or applicant has shown by past misconduct or twfair acts or dealings:
physical abuse, assaults or violent actions dpne ta otheis, including, but not
limited to, actions meeting the definition of criminal sexual conduct pursuant to
Minnesota Statutes Sections 609342 through 609.3451; sexual abuse, physical
abuse or maltreahnent of a child as defined in ivliuuesota Staintes Section
626.556, subdivisions 2 and 10e, includiug, but not limited to, acts which
cbnstitute a violation ofMinn.esota 5tafutes Sections 609A2, subdivision 10;
609321 through 6093451; or 617.246; neglecf or endangerment of a child as
defined in 1Vliuuesbta Statutes Section 626.557, subdivision 2; the manufacture,
disiribution, saie, gi�, dslivery, transporfarion, exchange or barter oT" a coniroiied
substance as defined iu Minnesota Statutes Chapter 152; the possession of a
controlled substance as defined in Minnesota Statutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was far the purpose of sale or distribution to others; or by the abuse of
alcohol ar other drugs, Yhat such licensee or applicant is not aperson ofthe good
moral chazacter or fitness required to engage in a licensed activity, business or
profession.
(11) The licensee or applicant has materially changed or permitted a material change
in the design, consfruciion ar configuration of the licensed premises without the
prior approval of the city council in the case of Ciass N licenses, the director in
the case of Class T licenses, and the inspector in the case of Class R licenses, or
without first having obtaaned the proper buildiag pertnits from the cify.
(12)
�
'The terms "ficensee" or "applicant" £ox the purpose of fhis sectiott shalI mean and include anj�
The licensee or appficant has violated secfiori 294.01 of the I,egislative Code, or
has made or aitempted fo make a prohibited ex parte contact with a council
member as provided in section 310.05(c-2) of th� Legislative Code.
1.72
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person who has any interest, wðer as a holder of more than five (5) percent afthe s�ock of a
corporafion, as a paxtner, or ofherwise, in the premises or in the business or activity which are ��_�� -
licensed or pxoposed to be licensed.
Witk zespect to any Iicen,se for activifies entitled to the proteciaon of the First Amendment,
notwithstauding the foregoing provisions neither tfie lack of good moral character ox fitness of
fhe ficensee or applicant noz the content of the protecfed speech or matter shall be the basis for
adverse acfion against the Iicense or application.
Section 3
'This ordinance shall fake effect and be in force t7�irty (30) days following its passage, approval
and publicafion.
PG�?? fS��3
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itequested by Department of:
By: ' � �-- (� �
Foi¢t�lipprovg� C�Attorney - — - _
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Approved
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Form
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Date � �� �
Pl`� i� fP�
for ^,�bmission to Council
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Adopted 1>y Council: Date 52-�Z� ��_
Adoption Certified Sy C�uncil Secretary