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07-287Council File # � Z�� Green Sheet #� Presented by RESOLUTION OF SAINT PAUL, IVIINNESOTA �� 2 VJHEREAS, adverse action was taken against all licenses held by New Western Front, Inc., d/b/a 3 New Frontier Saloon (License ID# 20050001106) for the premises located at 230 Front Avenue in Saint 4 Paul, by Notice of Intent to Revoke Licenses dated February 8, 2007, alleging licensee failed to submit 5 required liquor liability insurance information requested and payment £or delinquent license and late fees 6 in violation of Saint Paul Legislafive Code 310.06 (b) (13); and 8 WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to submit the 9 liquor liability insurance information requested and pay the delinquent license and late fees; and 10 11 12 13 14 15 16 17 18 WI�REAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to submit the liquor liability insurance information and pay the delinquent license and late fees by Febniazy Z0, 2007, that the matter would be placed on the consent agenda to unpose the recommended penalty; now, therefore, be it RESOLVED, that all licenses held by New Western Front, Inc., d/b/a New Frontier Saloon aze hereby revoked. Requested by Department of: .{�.� i�� ��. �� •' Adopted by Council: Date �� � ���UD7 Adoprion Certified by C cil Secretary BY� �C.L�L!5? Approvedby ox: Date �,P �. ,2pp 3 By' ��� Form ved�y City ttomey By: 1 Form App ved Ma r fo mi n to Council By: oZ Z�1 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �P — License/Inspection/EnvironProt � 08-MAR-07 Confad Person & Phone: Rachei Gunderson 266-8710 Must Be on Council Aaen Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Julie Kraus � I 0 Assign 1 Number Z For Routing I 3 Order ( 4 5 ConWct Phone: 266-8776 I I Total # of Signature Pages _(Clip Ail Locations for Signature) Green Sheet NO: 3037598 �Licensel7nscectiodEnviron Pro[ I CtiN Attorney I or's 06ce Ma or/ASSistant ouncil I I Clerk C5 Clerk Approval of the attached resolution to take adverse acrion against all licenses held by New Western Front, Inc., d/b/a New Frontier Saloon (License ID#20050001106) for the premises located at 230 Front Avenue in Saint Paul. iaanons: ,vpprove (H) or rt Planning Commission CIB Committee Civil Service Commission 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed tn submit cequiced liquor Liability insucance informarion. Licensee also did not submit payment for delinquent license and late fees in violation of Saint Paul Legislarive Code Section 310,06 (b) (13). After nodfication, licensee did not respond to the Norice of Intent to Revoke Licenses. AdvantageslfApproved: Licenserevocarion. DisadvanWges IfApproved: None. Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) ♦�r : � ' CostlRevenue Budgeted: Activity Number: "O��'-�'� � . March 15, 2007 11:42 AM Page 1 . . , . o Zg�I OFFICE OF THE CITY ATTORNEY 7ohn T. Choi, CityAttorney CITY OF S AIl�1T PAUL cN�rDrv�o„ Christopher B. Colemm�, Mayor 400 City Hall TeZephone: 6i7 266-87Z0 ZSYYesiKelloggBlvd FacsimiZe:657298-5679 _ Sa�i Pau1, .Lf'mnesota 55102 February 8, 2007 NOTICE OF INTENT TO REVOKE LICENSES Jerry Neuspickle New Frontier Saloon 230 Front Avenue St. Paul, MN SSll7 RE: All licenses held by New Western Front, Inc., d/b/a New Frontier Saloon far the premises located at 230 Front Avenue in Saint Paul. License ID #: 20050001106 Dear Mr. Neuspickle: The O�ce of License, Inspections and Environmental Protecfion has recommended revocation of all licenses held by New Western Front, Inc., d/b/a New Frontier Saloon for the premises located at 230 Front Avenue in Saint Paul. The basis for the recommendation is as follows: On August 10, 2006; you were sent a Notice of Intent to Suspend Licenses from this office due to the fact that you had not paid your license and late fees and had not submitted the required Liquor Liability insurance requested. According to LIEP records, yoit have not paid your delinquent license and late fees now totaling $8,864.00 from licenses that expired on Apri13, 2006. This is a violation of Saint Paul Legislative Code 310.06 (b) (13) which states: "Such adverse action may be based on one (1) or more of the foilowing . 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 to do so within 60 days of the due date may result in revocation of the license." AA-ADA-EEO Employec New Frontier Saloon February 8, 2007 Page 2 At this time, you have four options on how to proceed: c�� Z�� 1. You can pay the delinquent license and late fees. You should make payment directly to the Office of License, Inspecfions and Environmental Protection, af 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Tuesday, February 20, 2007. Informafion should be directed to the attenfion of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and lafe fees will be considered to be a waiver of the hearing to which you are entitled. 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 admitring the facfs and requesting a public hearing. We will need to receive your letter by Tuesday, February 20, 2007. The matter will then be scheduled before the City Council for a public hearing to deternune whether to revoke all of your licenses. Xou will have an opportunity to appear before the Couneil and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrafive Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exa�xiiue the other's witnesses. The St. Paul City Council will ulfimately decide the case. If this is your choice, please advise me no later than T'.:°9'�2� ]N'e�:::a.,� 2�, 2007, and I wi;i take the necess�uy steps to schedule tne administrative hearing. 4. If you no longer wish to do business in ihe City of Saint Paui, you may send a written statement to that effect to the Office of License, Inspections and Environmental 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 not contest the revocation of your licenses. If you have questions about these options, piease feel free to contact me at 266-8710. Sincerely, , 9 Ra el Assistant City Attorney - cc: Christine Rozek, Deputy Director of LIEP 7erry Neuspickle, 2715 Midvale Place East, Maplewood, MN 55119 AA-ADA-EEO Employer s o; si sa 53 54 55 56 S7 S8 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 i 87 88 89 90 91 92 93 94 95 96 97 98 99 l00 101 102 103 104 105 106 �.0 7 ios 109 il0 .� ; Section 1. Section 310.06 ofthe Saint Paul I,egislative Code is hereby amended to read as follows: Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions: v 7�- (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, licensee or applicant for a license, as provided in and by these chapters. Adverse actions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initiated for the reasons set forth in subsection (b) below, or upon any lawful grounds wluch are communicated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 310.05; provided, however, that the formal norice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action 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 misrepresentation of material facts, fraud, deceit or bad faith. (2) The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violarion 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 appficable health, housing, fire, zoning and building codes and regulations. (4) (5) (6) The license or permit was issued in violation of law, without authority, or under a material mistake of fact. The licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license. a. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or perfoxmed any act which is a violation o� any of the provisions of these chapters or of any sYatute, ordinance or regulation reasonably related to the licensed activity, regazdless of whether criminal charges have or have not been brought in connection therewith; b. The licensee or applicant has been convictad of a crime that may disgualify said applicant from holding the license in question under the �_��� 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 L50 L51 L52 L53 L54 L55 L56 L57 L58 :59 _60 _61 _62 .63 _64 .65 .66 67 68 69 70 71 standards and procedures in Minnesota Statutes Chapfer 364; or C�� Z� ab-�v 7a._, c. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has engaged in ar pernutted a pattem or practice of conduct of failure to comply with laws reasonably related to the licensed activity or from which an inference of lack of fiiness or good chazacter may be drawn. ('� The activities of the licensee in the Iicensed activity created or haue created a serious danger to the public health, safeiy or welfare, or the licensee performs or has performed his or her work or acfivity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger tfie safety, health, morals, comfort or repose of any considerable number of inembers of the public. (9} Failure to keep sidewalks or pedesttian ways reasonably free of snow and ice as requiued under Chapter 114 of the Saint Paut Legislative Code. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: physical abuse, assaults or violent actions done to others, including, but not limited to, actions meeting the definition of civninal sexual conduct pursuant to Minnesota Statutes Sections 609342 through 604.3451; sexual abuse, physical abuse or maltreatment of a child as defined in Mimtesota Statutes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation of Minnesota Statutes Secrions 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or endangerment of a child as defined in Mivuesota Statutes Section 626.557, subdivision 2; the manufachxre, ilistribution, sale, gift, tielivery, transportation, exchange or bartzr of a controlled substance as defined in Minnesota Statutes Chapter 152; the possession of a confmlled substance as defined in Minuesota 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 distribution to others; oz by the abuse of alcohol or other drugs, that such licensee or applicant ?s not a person of the good moral chazacter ar fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materialiy changed or permitted a material change in the design, construction 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 without first having obtained the proper building permits from the city. (12) 13 The tesms "ficensee" or "applicant" for the purpose of this secfion shall mean and include any The licensee or applicant has violated sectiori 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as provided in section 310.05(c-2) of the I,egislative Code. z�� 173 174 175 176 177 178 179 Z80 181 182 183 184 - _ ' ' O� �� . person who has any interest, whether as a holder of more than five (5) percent of the stock of a corporation, as a parFner, or othenvise, in the premises or in the business or acrivity which are � b "��- 7 � licensed or proposed to be licensed. With respect to any license for activities enritled to the protection of the First Amendment, notwithstanding the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse acizon aga.inst the license or applicaiion. Section 3 This ordinauce shalt take effect and be in force thir[y (30) days following its passage, approval and publication. PL'i�s_�=� t :: ;t:r' Requested by Departmeat of: s � r� t�d R Form�pr�d 1yi Ci Attorney BY= 1n7[, By: Appzoved �a�p'r� Date By: j—L--o7 Form By: Ft'�r z;z`�3 for $µbmisaion to Caunci2 s�.,: � i {j Adoption Certified by �Cauncil Secretary • � • STATE OF MINNESOTA) �� Z�� ) ss. AFFIDAVIT OF SERVICE BY U.S. MAII. COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the 8'� day of February, she served the attached NOTICE OF INTENT' TO REVOKE LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Jerry Neuspickle New Frontier Saloon 230 Front Avenue St. Paul, MN 55117 7erry Neuspickle 2715 Midvale Place East Maplewood, MN 55119 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. . 1 � Julie Kraus Subscribed and sworn to before me this 8�' day of February, 2007 ��.. i� - �✓,��� Notary Public RITA M. BOSSAf2D NOTARY PUBLIC • MINNESOTA MY COMMISSION �r EXPIRESJAN.31�201�0