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07-413Council File # � 7 � Green Sheet # ',�0� RESOLUTION CITY Presented � 2 4 5 6 7 � . WHEREAS, adverse action was uritiated against all licenses held by 3uan Rada, d/b!a La Hacienda Restaurante (License ID#20020000309) for the premises located at 2467 -7`�' Street West in Saint Paul by Notice of Violation dated Mazch 30, 2007, alleging licensee submitted liquor liabiliry insurance with a lapse in coverage from December 20, 2006 to January 6, 2007; and WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegations; and 9 WI�EREAS, the Notice of Violation stated that if the licensee did not respond by Apri19, 2007, 10 that the matter would be placed on the consent agenda to impose the recommended penalty; now, 11 therefore, be it 12 13 14 15 16 17 RESOLVED, that all licenses held by 3uan Rada, d/b!a La Hacienda Restaurante (License ID #20020000309) for the premises located at 2467-7�' Street in Saint Paul aze hereby suspended for ten days for a lapse in liquor liability insurance from December 2o, 2�06 to January 6, 2007. Said suspension shall become effecfive at 12:01 a.m. on Wednesday, May 23, 2007, and last until 11:59 p.m. Friday, June 1, 2007. Requested by Department of. By: .A . � , /Y t.�� ✓ � Adopted by Council: Date ��� l'/, al/l/7 Adoption Certified by Coun il Secreta BY� ,9 ,�.�sv.� Approved b ay : Date � / By: PAUL, MINNESOTA Form oved by City A omey By: Form Ap ove by ay � Su ssio to Council By: v7-y13 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP — ticensellnspectiodEnvironProt Contact Person & Phone: Rachel Gunderson 266-8710 RESOLUTION E-Document Required: Y Document CoMad: Julie Kraus Confad Phone: 266-8776 it0_�'L'��YI � Assign Number Order Total # of Signature Pages _(Ciip All Locations for Signature) Green Sheet NO: 3038817 0 'cens ection/Eav'uon Prot i 1 icevse/Inspec4on/EnvironProt DeparlmentD'uector � 2 'tyAttornep I I 3 a or's O�ce Ms or7ASVStant 4 ouncil 5 'ty C7erk GStv Clerk Approval of the attached resolurion to take adverse acfion against ali licenses held by Juan Rada, d/b/a I.a Hacienda Restaurante (License ID#20020000309) for the premises located at 2467-7th Street West in Saint Paul. idations: approve (A) or Re�ect (k): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm everworked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this perso�rm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on sepaate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee submitted liquor liabiliry inswance with a lapse in coverage from December 20, 2006 to January 6, 2007 in violarion of Saint Paul Legislarive Code Secdon 409.26 (b) (12). After notificaiton, licensee failed to respond to the Notice of Violarion. Advantages If Approvetl: 10-day matrix closure of the establishment. Disadvantages If Approved: None. DiSadvanWges lf Not Approved: Transaction: Funding Source: Firrancial Information: (E�cplain) � � � :�_ };... CostlRevenue Budgeted: ActivityNumber. �?3„�',� �,?��'^�" Q'!` �'""�� April 17, 2007 11:15 AM Page 1 �. � � � < <� �7 OFFICE OF THE CITY ATTORNEY .7ohn J Choi, City�tttorney ci l 1 �� �L]11� 1 PA V L Civi1 Division Clrri.stopherB. Colemmr, Mayor . 400 Ciry Ha11 Telephone: 65Z 266-8710 IS�estKeZloggBlvd Facsimile:651298-5619 SanetPauZ M"vmesota 55102 i March 30, 2007 NOTICE OF VIOLATION Owner/Manager La Hacienda Restaurante 2467 -'1` Street West St. Paul, MN 55116 RE: All licenses held by Juan Rada, d/b/a La Hacienda Restaurante for the premises located at 2467-7th Street West in Saint Paul License ID No.:20020000309 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all licenses held by Juan Rada, tUb/a La Hacienda Restaurante for the premises located at 2467-7th Street West in Saint Paul. The basis for the recommendation is as follows: According to Office of License, Inspections and Environmentai Protecfion records, you submitted liquor liability insurance with a lapse in coverage from December 20, 2006 to January 6, 2007. On February 22, 2007, the lapse in insurance coverage was confirmed by your insurance agent, Melissa Manoquin. This is a violafion of Saint Paul Legislative Code §409.26 (b}(12). The licensing office will recommend a 10-day closure of your establishment for failure to comply with statutory and ordinance requirements for liability insurance. At this time, you haue three options on how to proceed: i. If you wish to ha�e 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 by Monday, April 9, 2007. The matter will then be scheduled before the City Council for a public hearing to deteriroine whether to impose the 10-day closure. You will haue an opporiiwity to appeaz before the Council and make a statement on your own behalf. AA-ADA-EEO Employe= La Hacienda Restaurant� n��� 30, 200� Page 2 ( c�� 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-exauiiue each other's wilnesses. The St. Paul City Council will ultimafely decide the case. If this is your choice, please advise me no later than Monday, Apri19, 2007, and I will take the necessary steps to schedule the actmiuistrative hearing. 3. If you no longer wish to do business in the City of Saint Paul, you will need to send a written statement to that effect to the Office of License, Inspections and Environmental Protecfion, 8 Fourth Street East, Suite 200, St. Paut, Minuesota 55101-1002 no later than Monday, Apri19, 2007. Information should be directed to the attention of Christine Rozek. If you bave not contacted me by that date, I will assume that you are not contesting the imposition of the 10-day closure of your establishment. If you have questions about these oprions, please feel free to contact me at 266-8710. Sincerely, �� Rachel Gunderso Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Juan Rada, 1280 Dauern Avenue #7, St. Paul, MN 55116 Ms Gayle Suumier, Community Organizer, Highland District Council 1978 Ford Pazkway, St. Paul, MN 55116-1922 AA-ADA-EEO Employer STATE OF MINNESO� '1 � ) ss. COUNTY O�' RAMSEY } AFFIDAVIT OF S� VICE BY U.S. MAIL U 7 �y� 3 Julie Kraus, being first duly sworn, deposes and says that on the 30�' day of March, she served the attached NOTTCE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager La Hacienda Restaurante 2467 -'7"` Street West St. Paul, MN 55116 Juan Rada 1280 Davem Avenue #7 St. Paul, MN 55116 Ms Gayle Suminer, Community Organizer Highland District Council 1973 Ford Parkway St. Paul, MN 55116-1922 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � Julie Kraus Subscribed and sworn to before me this 30�' day of March, 2007 i.'.�� /I :�,�_ / ,. � . RITA M. BOSSARD NOTARYPUBLIC-MINNESOTA � MY COMMISSION IXP IRES JAN. 31, 2 0 1 0