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07-592Council File # � � Green Sheet # OF SAiNT PAUL, MINNESOTA Presented by �� 1 WI�REAS, a erse ac ' n was initiated against the Cigazette/Tobacco; Alann Pemut (New); Malt 2 Off Sale; Retail Food (C) ocery 1001-3000 sq. ft and Gas Station license appiications submitted by Gas 3 It For Less, Inc., d/b/a Gas It For Less & West 7�' Market (License ID#20070000210) for the premises 4 located at 675 - 7�` Street West in Saint Paul by Notice of Intent to Deny Licenses dated Mazch 30, 20Q'7, 5 alleging licensee failed to submit required documents to complete the application process; and 6 WHEREAS, the licensee did respond to the Notice of Intent to Deny Licenses and was granted an extension until May 11, 2007, to submit the required documents; and 10 WIIEREAS, the letter sent stated that if the licensee failed to submit the required docuxnents by 11 May 11, 2007, that adverse action would proceed to deny the license applications; and 12 13 WHEREAS, the licensee failed to respond to the extension letter and submit the required 14 documents by the May 11, 2007 deadline; now therefore, be it 15 16 RESOLVED, that the Cigarette/Tobacco; Alarm Permit (New); Malt Off Sale; Retail Food (C) 17 Grocery 1001-3000 sq. ft and Gas Station license applications submitted by Gas It For Less, Inc., d/b/a Gas 18 It For Less & West 7�' Mazket are hereby denied. 19 Benanav Bostrom Yeas ✓ Adopted by Council: Date Adoption Certified by Coi cil Secret�y By: ' S � Approved by a r. Date 7(o O� - � — sy: Requested by Department of. By: � ���tJ Form A�roved by Ci Attorney BY� ' I/ ut.� .JC Form Appr ed by a for t issio o Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � 7 sl Dmtorsafery&�Csons CoMad Person 8. Phone: Rachel Gunderson 266-8710 Mu�t Be on Council Aqen Doc.Type: RESOLUTION E-Document Required: Y Document Cofkact: Julie Kraus CoMad Phone: 266-8776 19-.1UN-07 y Assign Number For Routing Order 7oW1 # of SignaWre Pages _(Clip All Locations for SignaW re) Green Sheet NO: 3040971 0 tofSaf & ectiavs 1 pt of Safetv & Insp¢ctions I Department DirecWr I 2 'tyAttorney 3 µ�7ayor's O�ce MaYarlAssistaut 4 ounp7 I 5 ' Clerk Cti Clerk Approva( of the attached resoluuon to take adverse action against the Cigarette/Tobacco; Alarm Pe�mit (New); Malt Off Sale; Retail Food (C) Grocery 1001-3000 sq. ft and Gas Station license applications submitted by Gas It For Less, Inc., d/b/a Gas It For I.ess & West 7th Market (License ID#20070000210) for the premises located at 675-7th Street West in Saint Paul. Planning Commission 1, Has this person/firm ever worked under a contract for this departmenP? CIB Committee Yes No Civil Service Commission 2. Has this person�rtn ever been a city employee? Yes No 3. Does ihis person/firm passess a skill noi normally possessed by any 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 did not submit the required documents to complete the applicarion process. After notificarion, licensee failed to respond to the Norice of Intent to Deny Licenses. Advantages If Approved: License denial Disativantages If Approved: None DisadvanWges If Not Approved: Transaction: Funding Source: Financiallnformation: (Explain) RECEIVED JUN 2 1 Z007 MAYOR'S CostlRevenue Budgeted: Activity Number: �- JUN 2 2 20Q7 June 19, 2007 9:57 AM Page 1 (� �" � 07 59� OFFICE OF Tf:E CITY ATTORNEY John J Choi, CityAnorney CI1 1 �F SA�T P��.. CiviZDivi.rion G7airtopher B. Colemmq Mayor 400 City HaTI TeZephone: 657 266-8710 ISY�estKeZZoggBlvd Facsimile:651298-5619 Saint Paul, M'mnesota SSIO2 i March 30, 2007 NOTICE OF INTENT TO DENY LICENSES Owner/Manager Gas It For Less & West 7�' Mazket 675 - 7�' Street West St. Paul, MN 55102 RE: Cigazette/Tobacco; Alarm Pemut (New); Malt Off Sale; Retail Fd (C) Grocery 1001- 3000 sq. ft; and Gas Station license applications submitted by Gas It For Less, Inc., d/b/a Gas It For T ess &�Vest 7�' Market for the �rem�ses 1_oca+_ed at 6?5 - 7�' S?reP± Wes± +::� Saint Pau1 License ID # 20070000210 Deaz Sir/Madam: The Office of License Inspections and Environmental Protection has recommended denial of the Cigarette/Tobacco; Alann Permit (New); Ma1t Off Sale; Retail Fd (C) Grocery 1001-3000 sq. ft; and Gas Station license applications submitted by Gas It For Less, Inc., d/b/a Gas It For Less & West 7�' Mazket for the premises located af 675 - 7`� Street West in Saint Paul. T'he basis for the recommendation is as follows: On February 15, 2007, you were sent a letter from the Office.of License, Inspection and Environmental Protection (LIEP) stating the application you submitted was incomplete because several of the required documents had not been submitEed. The documents required were: 1) Articles of Incorporation and minutes from your fu board meeting egplaining how the shares (including names of shareholders) are disiributed; 2) the date Gas It For Less was incorporated; 3) information on all officers of the corporation; 4) a detailed list of any licenses you currently hold, formerly held or may have an interest in; � written permission from the landlord (property owner) to allow the sale of 3.2 percent malt liquor off-sale at this locafion; � obtain Zoning approval of the Zoning Summary Worksheet you submitted. Finally, you needed to obtain an inspecfion approval from Brian Krawiecki, LIEP Environmental Health Inspector. AA-ADA-EEO Employer � o � Gas It For Less & West 7°� Market March 30, 2007 Page 2 On February 21, 2007, the check you snbmitted for the payment of yonr license fees came back from tBe bank with a notation "Not Sufficient Funds". You were contacted by the OfCce of LIEP stating that you wonid now need to submit payment by a cashier's check or cash oniv. The amount due is $978.00 which now includes $15.00 NSF fee. As of today's date, neither the required documents requested have been received nor the cashier's check or cash oniv submitted in the amount of $978.00 to pay the license fees and NSF fees. At this fvne you haue three options on how to proceed: If you wish to do business in the City of Saint Paul, you will need to submit the requested documents and license and NSF fees (cashier's check or cash only) to the Office of License, Inspections and Environxnental Protection at 8 Fo�th Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, Apri19, 2007. Information should be directed to the atteution of Chris$ne Rozek. 2. If you wish to have a public hearing befare 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 1VIonday, Apri19, 2007. The matter will then be scheduled before the City Council for a public hearing to determine whetl�er to deny your license applicafions. You will have an opporiunity to appeaz before the Council and make a statement on your own behalf. You may withdraw yaur license applications. Send a written statement to that effect to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, M?miesota 55101-1002 no later than Monday, April 9, 2007. Information should be directed to the attention of Christine Rozek. Any request far a refund of the license application fee must also be made in writing to the Office of LIEP. If you have not contacted me by that date, I will assume that you do not contest the denial of your license applications. If you haue any questions, feel free to call me at (651) 266-8710. Sincerely, � �A+'.itA�� C.% Rachel Gunderso Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Saddam Samaan, 450 Ford Road, Unit 316, St. Louis Park, MN 55426 AA-ADA-EEO Employer OFFICE OF LICENSE, INSPECTIONS AND ENVIIZONMENTAL PROTECTfON .Im�een & Rosos, Dnector CITY OF SAINT PAUL Rm+dy C. KeZly, Mayor Apri124, 2007 Saddam Samaan Gas It For Less Inc. 675 7�' St W Saint Paul, MN 55102 COM�LIERCEBUlLDING 8 Fmvth St $ Suite 200 Sarru Paul, Mimnesoia 55101-1024 �� Te[ephone: 65l-266-9090 Facsimile: 651-2669124 Web: wvnv.lien.uS Re: New License Applicarion for Gas It For Les Inc. doing business as Gas It For Less & West 7"� Mazket, (ID#20070000210) located at 675 7�` St WesU Gas Station, Retail Food (C) Grocery 1001-3000 sq ft, Cigarette/Tobacco, and Malt Off Sale Licenses Deaz Applicant: In a letter from this office dated 2/15/2007, you were informed your applicarion for the above referenced licenses was insu�cient. Addifionally, in a sepazate notice from this office, you were informed the check you submitted for payment of the $963.00 license fee had been returned because of insufficient funds in the checking account, and that you must remit payment far the license fees, plus pay a$15.00 penalty fee because of the retuned check. On 3/30/2007, you were mailed nofice of intent to deny your license application for failure to submit the required informafion/payments relating to ttus pending license applicarion. Subsequently, on 4/9/2007, you submitted a payment of $963.00 for the license fee, provided a copy of your articles of incorporation, the date of incorporarion, and a list of the incorporators. However, you failed to pay the $ I5.00 penalty fee for the retumed check, or provide the remainder of the information requested in the previous letter dated 2/15/2007. As of this date, your license application is still incomplete. Your- business Zicense application wzll remain at a status ofpending, and we cannot continue processing your- request, until the following item(s) are received.• • Payment of the $15.00 penalty fee relafing to the returned check originally submitted with your application. • A detailed list ofany previous Zicenses you currently hold, formerZy held, or may have an interest in. On the application you stated having an interest in "Tobaco Deli Crrocery in Minneapolis + Saint Cloud". However, this list must include the following addirional informaflon: the complete, accurate, and entire name of the business; a complete address of the business Zocation; and an expZanation ofyour relationship to the business (i.e., operator, owner, etc.). • Provide wrinen permission from the Zandlord (property owner) to aZZow the sale of 3.2 percent maZt Ziquor off-sale at this location. The lease you submilted does not specify that this use is permitted. • Obtain Zoning approvaZ of the Zoning Summary Worksheet you submitted. You must contact.7eff Hawkins (LIEP Inspector Ill) at 651-266-9083 with any quesrions regazding obtaining zoning approval of this license request. As stated on the Worksheet, a siteplan and floorplan must be AA-ADA-EEO Emptoyer o � submitted with this Worksheet. You failed to include this required supporting documentarion. Any submitted siteplan or floorplan shall be detailed, drawn to scale, and show all dimensions. PZease submit aI1 reouired ite»zr referenced above bv Fridav Mav 11 2007 so that LIEP mav continue the nrocessine ofvour license annlicu[ion You must also obtain the following approvals for this license application: LIEP Environmental Health Tnspection approval from Diane Olson. If you have not contacted Diane for this approval, please contact her at 651-266-9138 to schedule an appointment for inspection. Note: It is very important titat you obtain an inspecrion approval prior to operating yout business. All new license applicarions require an opening inspecrion approval. You will receive a separate invoice to pay for an Environmental Health Plan Review/Inspection fee. City of Saint Paul Fire Inspecrion approval from Peggy Schlichte. I see that Ms. Schlichte has inspected this locarion and has outstanding orders that must be complied with before she can approve this license application. Failure to take appropriate action in this maner wi11 result in further enforcement action by this department which may include, but not be Zimited to the following: adverse action to deny your license applicaHon, the issuance of a criminal citation, and/or revocafion of the certificate of occupancy. Additionally, you should be advised that there aze no active licenses issued for this location. If you are operating, you are doing so without the required CiTy licenses and may be subject to enforcement action as stated above. Upon receiving and processing the complete license application (appro�mately 1-2 weeks processing time), LIEP will send out notification letters to your neighbors (within 300 feet), concerned consfituents, block club / district councils, and ciTy council, informing them of your application request and giving them 30 days to respond to your application. If no objecfions are received, your license will be approved administratively and then issued (pending any other requirements not completely met) approximately one week past the date given in the notificarion letter. If objections aze received, a heazing will be scheduled before a legislative hearing officer. All interested persons will receive norice of the time, place and date of the scheduled hearing from Marcia Moermond, the Legislative Hearing Officer. At that hearing, the hearing officer will take tesfimony from all interested persons and will make a recommendation to the City Council as to whether the license(s) should be approved, approved with conditions or be referred to an administrarive law }udge for further review. The City Council will have the final authority to grant or deny the license application. If you haue any questions regazding this license applicarion, I may be contacted at 651-266-9106. Sincerely, Jef&ey Fischbach, LIEP Inspector III Copy: Christine A. Rozek, LIEP Deputy D'uector 7eff Hawkins, LIEP Zoning Saddam Samaan, Home Address Stated on Application Daine Olson, LIEP Environmental Heath Inspector Peggy Schlichte, City of Saint Paul Fire Inspecrion Enclosed: Referenced Letter Dated 2/I S/2007 Disclaimer: This letter is not an indication that your application for a license will be granted. This letter is intended simply as notice of the ongoing process of your pending applicafion. AA-ADA-EFA Employer STATE OF NIlNNESO�`l ) ss. COUNTY OF RAMSEY ) (-{ C� 7 AFFIDAVIT OF S��<VICE BY U.S. MAII. 7ulie Kraus, being first duly sworn, deposes and says that on the 30�` day of Mazch, she served the attached NOT`ICE OF IN'i'ENT TO DENY LICENSES by placing a true and correct copy thexeof in an envelope addtessed as follows: Owner/Manager Gas It For Less & West'7` Mazket 675 - 7`� Street West St. Paul, MN 55102 .... � ._n,.� 450 Ford Road, Unit 316 St. Louis Park, MN 55426 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Pau1, Minnesota. Subscribed and sworn to before me this 30�` day of Mazch, 2007 !i �� //! - i��'���L� , No y Public � •-Y�-(.l�N� ulie Kraus RITA M. BOSSARD NOTA RY PUB�-IC - M INNESOTA MY COMMISSION EXPIRES JAN. 31 . 2 0 1 0