07-269Council File #� � — �
Green Sheet # � QS�
RESOLUTION
41�NT PAUL, MINNESOTA �g
Presented by
2 VJHEREAS, adverse action was taken against all licenses held by Dahouse, LLC d{b/a Mike's Bar
3(License ID #20030002253) for the premises located at 326 Grove Street in Saint Paul, by Notice of Intent
4 to Revoke Licenses dated Februazy 8, 2007, alleging licensee failed to submit payment for delinquent
5 license and late fees in violation of Saint Paul Legislative Code 310.06 (b) ( I 3); and
6
7 WHEREAS, the licensee did not respond to the Norice of Intent to Revoke Licenses to pay the
S delinquent license and late fees; and
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10 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee faaled to pay the
11 delinquent license and late fees by Pebruary 20, 2007, that the matter would be placed on the consent
12 agenda to impose the recommended penalty; now, therefore, be it
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14 RESOLVED, that all licenses held by Dahouse, LLC, d/b/a Mike's Bar are hereby revoked.
15
Requested by Deparhnent of.
Adoption Certified by Council Secretary
BY� ' �
Approved b o, Date ..�J d
By:
BY� i��� �' lu'?
Form A rove by City ttomey
By:
Form Ap vd by ay for S�' sion ouncil
BY� L
Adopted by Council: Date ���/�Gi'7
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
�p -License/Inspection/EnvironProc ( 0&MPJ2-07
Contact Person 8 Pho�e:
Rachel Gunderson
266$710
Doc. Type: RESOLUTION
E-Document Requirad: Y
DocumeM Corrtad: 3ulie Kraus
Contact Phone: 266-8776
�►
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Lowtions for Signature)
Green Sheet NO: 3037601
0 "c ectiodEnvuron Arot
i 'censelln e�tionlEmironProt De artmentDirector
2 'tyAttorqey
3 oCS Office Ma oHAssititant
4 oancil
5 i Clerk G4 Clerk
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Approval of the attached resolu6on to take advecse acrion against all licenses held by Dahouse LLC, d!b/a Mike's Baz (License ID
#20030002253) for the ptemises located at 326 Gcove Street in Saint Paul.
Planning Commission 1. Has this person�rm ever worked under a contract for this department?
CIB Commitlee Yes No
Civil Service Commission 2. Has this person/firm ever 6een a city employee?
Yes No
3. Does this person(firm possess a skill not normalfy possessed by arry
current 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):
Licensee failed to submit payment for delinquent license and late fees in violarion of Saint Paul Legislative Code 310.06(b) (13).
After notification, licensee did not respond to the Notice of Intent to Revoke Licenses.
Advantages If Approved:
License cevocaflon.
DisadvanWges If Approved:
None.
Disadvantages If Not Approved:
Trensaction:
Funding SourGe:
Financial Information:
(F�cplain)
Activity Number:
�� - .
' E> 5 . �E�,..
Cost/Revenue Budgeted:
March 8, 2007 5:18 PM Page 1
�' �- 0703�9
OFFICE OF TIiE CITX ATTORNEY
. . Johrt J. Choi, CiryAnorney -
�I1 Z �F Sti11� 1 PA� Civi7Division
ChristopherB. Co7emm:, Mayar � 400 Ci Hall
f1' TeZephone: 657 266-8770
IS Wesf KeZZo� Blvd Facsimi7e: 657 298-5679
San# Pnul, Minnesota 55102
February 8, 2007
NOTICE OF INTENT TO REVOKE LICENSES
Ownex/Manager
Mike's Bar
326 Grove Street
St. Paul, MN 55101
RE: All licenses held by Dahouse LLC, d/bl� Mike's Bar for the premises located
at 326 Gxove Street in Saint Paul.
License ID #: 20030002253
Dear Sir/Madam:
The Office of License, Inspections and Environmental Protection has recommended
revocation of all licenses held by Dahouse LLC; d(b/a Mike's Bar for the premises located at 326
Crrove Sireet in Saint Paul. The basis for the recommendation is as follows:
According to the Office of License, Inspection and Environmental Protection,
you have not paid the license fees that were due on July 27, 2006. The total
amount now due, inclnding lafe fees, is $7,238.00.
This is a violation of Saint Paul Legislafive Code 310.06 (b) (13) which states:
"Such adverse acfion may be based on one (1) or more of the following
reasons......The licensee has failed to pay license fees within 60 days of the
date the fees are due. Licensee must pay any outstanding fees and delinquent
fees in total. Failure fo do so within 60 days of the due date may result in
revocafion of the license."
At this time, you have four options on how to proceed:
You can pay the delinquent ficense and late fees. You should make payment directly to
the Office of License, Inspections and Environmental Proteetion, at 8 Fourth Slxeet East,
Suite 200, St. Paul, Minnesofa 55101-1002 no later than Tuesday, k'ebruary 20, 2007.
Tnformation should be directed to the attention of Christine Rozek. P: self-addressed
envelope is enclosed for your convenience. Paysnent of the delinquent license and late
fees �vi11 be considered to be a waiver of the hearing to which you are entitled.
AA-ADA-EEO Employer
Mike's Bar ( �
February 8, 2007
Page 2
(� 07���
2. _. If you wish fo have a public hearing before fhe $ainf Pau1 City Council, you wi11 need to
send me a lefter with a statement admitting the facts and requesting a public hearing. We
will need to receive your letter by Tuesday, February 20, 2QQ7. The matter will then be
scheduled before the City Council for a public hearing to determine whether to revoke all
of your licenses. You will have an opporiunity to appear before the CouncIl and make a
statemenf on your own behaif.
If you dispute the above facts, you can request a hearing before an Actuiinistrative Law
Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence and cross-exa.mine the other's witnesses. The 5t. Paul City Council
will ultimately decide the case. ffflus is your choice, please advise me no later than
Tnesday, February 20, 2007, and T will take the necessary steps to schedule the
ad.tniuistrative hearing.
4. 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, Inspecfions and Bnvironmentai
Protection, 8_Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1Q02 no later than
Tnesday, February 20, 2007. Information should be directed to the attention of
Christine Rozek.
If you have not confacted me by that date, I will assnme you do not contest Ehe revocation
of your licenses.
Tf you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
2��
Rachel Cnulderson
Assistant City Attomey
ca Chrisfine Rozek, Deputy Duector of LIEP
David Masterman, 1499 Grandview Avenue, Maplewood, MN 55109
A..A-AAA-EEO Emplaver
STATE OF MR�INESOT-`�l
(.
} ss.
COUNTY OF RAMSEY )
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AFF�AVIT 6��' S� _VICE 33Y �7.5. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the 8'� day of Febrnary, she
served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true and
conect copy thereof in an envelope addressed as follows:
Owner/Manager
Mike's Baz
326 Grove Street
St. Paul, MN 55101
David Masterman
1499 Crrandview Avenue
Maplewood, MN 55109
(which is the last known address of said person) depositing the sazne, with postage prepaid, in
the United Staxes mail at St. Paul, Minnesota.
��
Iulie Kraus
Subscribed and sworn to before me
this 8` day of February, 2007
/ , E!�f�- ,��-� �,u��
Not Public
R11'A M. BOSSARD
hpSARYPUBIIGMiNNE5
MY COMMISSION
.as EXPIRES JAN.31.201 D
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Section 1.
Section 310.06 of the Saint Paul Legislazive Gode is hereby amended to read as follows:
Sec. 31Q.06. Revocafion; suspension; adverse aciions; imposition of condifions:
(a) Counczl may take adverse action. The council is authorized to take adverse action, as
defined in section 310.01 above, against any or al1 licenses or permits, licensee or
applicant for a license, as pxovided in and bp these chapt'ers. Adverse actions against
entertaiuvient licenses issued under Chapter 411 of the Legislarive Code may be initiated
for the reasons set forth in subsection (b) below, or upon any lawful grounds vrhich are
communicated to the license holder in writing prior to the hearing before the council:
Such aetions shall be initiated and carried out in accordance with the proceduxes outlined
zn sec�aen 310.05; pro :rided, hoare��e:, that the far.mzl no�ce ef hea.*ir.g shall be used t�
initiate the adverse action withoat the use of prior procednral steps.
(b) Basis for action. 5uch adverse actian may be based on one (1) ar more of the following
reasons, which are in addition to any other reason sneeifically pravided by law ar in these
chapters:
(1) The license or permit was procured by misrepresentation of material facts, fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her behalf made oral or written
misstatemants or missepresentations of material facts in or accompanying the
application.
(3}. The license was issued in vioIation of any of the provisions of the Zoniug Code,
ox the premises which aze licensed or which aze to be licensed do nof comply tvith
applicable healtfi, housing, fire, zoning and building codes and regulations.
(4)
(5}
[C�:
'The license or permit was issued in violation of law, wit$out authorify, or under a
material mistake of faet.
The licensee or applicant fias failed to comply with any condition set forth in the
license, or set forth in the resolution grauting ar renewing the license.
a. The licensee or appficant (or any person whose conduct may by law be
" isnpufed to the licensee or applicant) has violated, ar pezformed any act
wluch is a violation of, any of tfie provisions of these chapters or of any
statufe, ordinance or regulation reasonabiy related to tfie licensed activity,
regazdless of whether �+minal chazges have or have not been brought iu
connection therewitli;
b. The Licensee ox applicant has been convicted of a crime that may
disqualify said applicant from holding the license in questzon under the
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�ta and procedures in Minnesota Statutes Chapfer 364; ar
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�b-ia �,
a The licensee ar applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has engaged in or permitted a paYcem
or practice of canducf of failure to comply with laws reasonably related to
tke licensed activify or from which an inference of lack of fifness or good
chazacfer may be drawn.
('7} The activities of the licensee in the licensed activity created or have_created a
serions danger to the public health, safety or welfare, or the liceusee perfoxms or
has performed his or her work or activiiy in an unsafe manner.
(8) The licensed busiaess, or the way in wfiich such b�asiness is operafed, mainfains
or pemuts conditions that unreasonably annoy, injure or endanger the safety,
heaith, morals, camfort or repose of any considerable number of inembers of the
public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chagter 114 of the S aint Paul Legislative Code.
(10) The licensee or appLicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent aciions done fa others, including, but not
limited to, actions meeting the definition of cruuival sexual conduct pursuant to
Minn esota StaYutes Sections 609.342 through 6093451; sexual abuse, physical
abuse ox maiireatment of a child as defined in Minnesota Statutes Section
__ 626.556 subdivisions 2 and 1 Qe, includi�g, but not limited to, acts whioh
constitute a violation ofMiimesota Sfatutes Sections 609A2, subdivision 10;
° 609.321 through 6093451; or 617.246; negtect oz endangerment of a child as
defined in Minuesota Statutes Secrion 626.557, subdivision 2; the manufacture,
disfribuiion, saie, gis`t, delivery, transportation, �change or uarter of a controlled
substance as defined in Minnesota Statutes Chapter 152; the possession of a
controlled substance as defined in Miunesota Statutes Chapter 152 in such
quantities or under circumstances giving rise to a reasonable inference that the
possession was for the purpose of sale or disfribution to others; or by the abuse of
alcohol or other drugs, that such licensee or applicant is not a person of 4he good
moral character or fitness required to engage in a iicensed activity, business or
profession.
(11) The licensee or applicant has materially changed or pexmitted a material change
in the design, consfruction or configuration of the licensed premises without the
prior approval of the city council in the case of Class N licenses, the director in
the case of Class T licenses, and the inspector in the case of Class R licenses, or
witliout first fiaving obtained the proper building permits from the city.
(12}
13
The tezms "ficensee" or "applicant" for tfie purpose of this section shall mean aud include any
The licensee or app&cant has violated secfio�3 294.01 of the Legislative Code, or
has made or at�empted to make a prahibited ex parte contact with a council
membe"r as provided in seciion 310.05(o-2) of the Legisla,tive Code.
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person who has any intezest, whefher as a holder ofmore t712n five (5} percent of ttle stock of a
corporation, as a par[ner, ar atherwise, in the premises or iu the business or activity wbich are Q �_ i � ��
ficensed or proposed to be Iicensed.
With respect to any Iicense for activifies eatitled to the proteciion of the Fust Amendment,
notwithstanding ihe foregoing provisions, neither the lack of good moral character or fiiness of
the licensee or applicant nor the cantent of the protected speech or matter shall be f7ie basis for
adverse action agamst the license or application.
� Seciion 3
T1us ordinance shall take effect and be in force thirty (30) days foIIowing its passage, approval
and publication.
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Adoption Certi£,ed by �Cauncil Secietary