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