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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 9 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 13 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 —T o� �6 � � 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 � 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 ) 0��6� 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 s o; S1 52 53 54 55 56 5? 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 30 3i 32 33 34 35 36 37 3s 39. 30 31 32 33 34 �5 46 oa oz )2 )3 )4 )5 16 �7 � `; � --i 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 � 7�- �i;� 112 1S3 ZZ4 115 llo' Zi� 1I8 119 12Q 122 122 123 124 125 126 127 128 129 130 E31 132 L33 134 L35 L36 L37 !38 '_39 _40 .41 _42 .43 .44 .45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 51 52 53 i4 i5 i6 �7 $ 9 0 1 �ta and procedures in Minnesota Statutes Chapfer 364; ar o � ��� �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. � 7,2 1•7 3 174 175 176 177 178 179 180 181 182 183 184 _ . . o �-�� q 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. PG'I'I;s �?�'� t : �� Requested by Department of: �. ; . �- (� � $Y �� P �� C _ ay: P_pproved 1yfMay�r� Date 8y: � Z- 7 Form $Y+ �`�;� t�€,� £or ^.�ibmission to Council :+; 2 s ,�;" Adoption Certi£,ed by �Cauncil Secietary