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07-843Council File # � O `7 J Green Sheet # �n�(� RESOLIlTION SAINT PAUL, MINNESOTA Presented by �/ � 6 7 9 10 11 12 13 WIIEREAS, adverse action was taken against all licenses held by Billy Neng Yang, d/b/a Asian Cuisine (License ID#2003000145Q) for the premises located by 945 Rice Street, Ste. A in Saint Paul by Notice of Violation dated August 2, 2007, alleging licensee's establishment was open and serving alcohoi to patrons after the 1:00 am. closing time required by their license in violation of Saint Paul Legislafive Codes §409A7 (a) and §409.07 (c); and WHEREAS, this incident constituted a third violation of the conditions of their license and according to St. Paul Legislative Code §310.05 (m) (1) the Department of Safety and Inspections recommends a$2,000 penalty and a 10 day closure of the establishment; and WHEREAS, licensee did not respond to the Notice of Violarion to contest the allegation; and 14 WHEREAS, the Notice of Violation stated that if fhe licensee failed to contest the allegations by 15 August 13, 2007, that the matter would be placed on the consent agenda to impose the recommended 16 penalty; now, therefore, be it 17 18 RESOLVBD, that ali licenses held by Billy Neng Yang, d/b/a Asian aze hereby ordered to pay a 19 fine in the amount of $2,000 and serve a 10-day suspension for a third violation of the conditions of their 20 license. Said suspension sha11 becoine effective at 12:01 a.m. on Wednesday, October 3, 20Q7, and last 21 until 11:59 p.m. Friday, October 12, 2007. 22 Requested by Department oE Adopted by Council: Date � ��f� Adoption Certified by Couycil Secretary By: � ` � Approved . Date � �7 v By: � . BY� l� (La-� —�— Form By: Form sy: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o�� y3 s� -� ofs�t'�y � ta��.,;o� Contact Person & Phone: Yrcginia D. Palmer 266-87t0 Doc. Type: RESOLUTION E-DocumeM Required: Y Document CoMaM: Julie Kraus Contact Phone: 266-8776 24AUG-07 � Assign N�mber For Routing Order Total i1 of Signature Pages _(Clip All Locations for Signature) CoSURevenue Budgeted: Approval of the attacked resolution to take adverse acrion against all licenses held by Billy Neng Yang, d/b/a Asian Cuisine (License ID#20030001450) for the premises located at 945 Rice Street, 5te. A in Saint Paul. Planning Commission 1. Has this person/firm ever vrorked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a ciry employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and aNach to green sheet Initiating Problem, lssues, Opportunity (Who, VlFhat, When, Where, Why): Licensee's establishment was open to the public after the 1:00 a.m. closing time required by the'u license. This is the third (3rd) violation of their license conditions After notification, licensee failed to respond to Nofice of V iolation. Advantages If Approved; Matrix penalty of $2,000 and a 10-day closure of the esta.blishment. DisadvanWges If Approved: None. Disadvarttages If Not Approved: Tmnsaction: Funding Source: Financiaf Information: (Explain} Green Sheet NO: 3043330 0 totSaEe &7 'ons I CofSaf & "o¢s artmeMDirector 2 " Attorn 3 µl7aror's Office MavodAssismnt 4 ouncit 5 it�Cluk C5N Clerk A�vity Number � -' � ��P a 5 2067 August 28, 2007 7:04 PM Page 1 G-rE � � � 7 �3 OFFICE OF TFIE CITY ATTORNEY John J Choi, CityAnorney CITY OF SAIN'T PAI3L Christopher B. Coleman, Mayor CiviZDivuion 400 City HaZ1 IS WestKeIIoggBlvd Sami Paul, M"mnesota SSIO2 Telephone: 65I 266-8770 Facstmile: 657 298-5679 August 2, 2007 Bi1lyNeng Yang Asian Cuisine 945 IZice Street, Ste. A St. Paul, MI3 55117 NO`I`ICE OF VIOLATION RE: Ali licenses held by Billy Neng Yang d/b/a Asian Cuisine for the premises located at 945 Rice Street, Ste. A in Saint Paul LicenseID #20030001450 Deaz Mr. Yang: The O�ce of License Inspections and Environmental Protection has recommended adverse acfion against all licenses held by Billy Neng Yang d/b/a Asian Cuisine for the premises located at 945 Rice Street, Ste. A, in Saint Paul. The basis for the recommendation is as follows: On June 17, 20�7, a compliance check (CN #07-114-784) was conducted based on information thaf your establishment was once again staying open after the 1:00 a.m. closinig time required by yonr license. An officer stafioned outside observed a large number of people standing oufside the restaurant after 1:00 a.m. This group of people were allowed to exit and re-enter at will from 1:00 a.m. to 2:03 a.m. He did not see an employee prevent anyone from re-entering after 1:00 a.m. He remained in the area unti12:13 a.m and then drove through the garking lot where he counfed 36 vehicles still parked in the lot and appro�mately SQ to 60 people still milling around. An officer in plain clothes enfered your establishment at 12:45 a.ar, and noticed approximately 150 to 200 people inside. He noted there were several pafrons drinldng beers after 1:00 a.m. and when he leff the restauranf around 1:40 a.m. there were at least 70 to 80 people stilt in the restauranf. The band was playing and people were dancing. He also observed 50 to 10 patrons sfill drinking beer. This is a violation of §4Q9.07 ( c) of fhe Saint Paul Legislative Code. AA-ADA-EEO Employer Asi� Cuisine � . � � � �� (� � August 2, 2007 Page 2 According to Iicensing records, yon do not have a Liquor On Sale 2AM Closing lieense. Therefore, you shoutd not have heen open and allowing patrons to re-enter your establishment after 1:00 a.m. This is a violation of §409A7(a) of the Saint Paul Legislative Code. T7us constitutes the third violation to the conditions of your license and according to St. Paul Legislative Code §310A5 (m) (1) the ]icensing office will recommend a$2,000 penaity and a 10-day closure of your establishment. At this time you have two oprions on how to proceed: 1. If you wish to admit the facts but contest the penalty, you may have a pubiic heariug 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 bp Monday, August 13, 2007. The matter will then be scheduled befare the City Council far a public hearing to determine whether to impose the $2,000 penalty and 10-day closure. You will haue an opporiunity to appeaz before the Council and make a statement on your own behalf. 2. Tf 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-examine t1:e othe�'s witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Monday, August 13, 2007, and I will take the necessary steps to schedule the administradve hearing. If L have aot heard from you by tfsat date, I Svill 2ssnme that you do nat con#est the imposition of the $2,000.00 penalty and the 14-day closure of your establishment. In that case, the matter wiII be placed on tLe Council's Consent Agenda for approval of the recommended penalty. If you have any quesfions, please feel free to contact me at (65 ]) 266-8710. Sincerely, �� Rachel Gunders Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Bi1lyNeng Yang, 890 Forest Street, Unit #1, St. Paul, MN 55106 Kerry Antrim, Community Orgaaizer, District 6 Planning Council 213 Front Avenue, St. Paul, N1N 55117 Tk 2, Llc, 10341 Waterfront Drive, Woodbury, MN 55129-8534 AA-ADA-EEO Employer Chapter 409. Into�cating Li�� �r* � Page 1 of 1 d7-8 �� Sec. 409.07. Hours of sale; Sunday sales� etc. (a) Hours of sale. No sale of intoxicating fiquor shall be made after 1:00 a.m. on Su�day nor until 8:00 a.m. on Monday. No on-sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. Notwithstanding the foregoing, an esEablishment which has received a permit 4rom the state which authorizes sale of intoxicating liquor or 3.2 percent malt liquor on-sate between the hours of 1:60 a.m. and 2:00 a.m. may make such sales if it has provided a copy of the permit to the director of the o�ce of LIEP. IVO ofE-sale shalf be made before 5:00 a.m. or after 8:00 p.m. of any day except off-sale shalf be permitted on Friday and Saturday until 10:00 p.m. No off-sale shalf be made on Thanksgiving Day or Christmas Day, December 25. If the saie of liquors is not othenvise prohibited on July 3, the date preceding Thanksgiving Day or on December 31, off-sale may be made untii 10:00 p.m. (b) Sunday sa/es: (1) Notwithstanding the provisions of paragraph (b), establishments to which on-safe licenses have been issued or hereafter may be issued for the safe of intoxicating liquors which are hotets or restauranks and which have facilities for serving no fewer than fifty (50) guests at one (1) time may serve i�toxicating liquors between the hours of 50:00 a.m. on Sundays and 1:00 a.m. on Monday in co�junction with the servin9 of food, but no liquor shall be served on Sundays other than to persons who are seaYed at tables; provided, that the ficensed establishment is in conformance with the MSnnesota Clean Indoor Air Act. Notwithstanding the foregoing, an establishment with has received a permit from the state which authorizes sale of intoxicating fiquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. may make such sales iF it has provided a copy of the permit to the director of the o�ce of LIEP. (2) It is unlawfal for any such establishment, directty or indirectly, to seli or serve intoxicating liquors as provided in subparagraph (1) above without having first obtained a special license therefor. Such special license may be issued by the council for a period of one (1) year and for which the fee shall be two hundred dollars ($200.00). Application for said special license shall be made to the council in the same manner as application for other Iicenses to sell intoxicating liquor are made. (c) No consumption or display when prohibited. No person shatl consume or display or allow consumption or display of liquor upon the premises of an on-sale licensee at any time when the sale oF such liquor is not permitted. (d) Private Christmas parties. Notwithstanding any other provision of the Legislative Code, the license holder of premises having an on-sale license may once a year during the Christmas season have a privaCe party at no charge to the guests after the lawful closing hours; provided, that a written request for said party is submitted to the licertse inspector thirty (30) days prior to the proposed date of the party; and provided further, that no sales as defined by law of intoxicating liquors or nonintoxicating malt liquor shall be made at or during said party. The inspector shall notify the chief of police of the date of each proposed party. (COde 1956, § 308.20; Ord. No. 16815, 7-23-81; Ord. No. 17037, 6-30-83; Ord. IVO. 17162, 9-27-84; Ord. No. 17693, 3 2, 11-7-89; Ord. No. 17829, § 1, 5-14-91; Ord. No. 17897, § 1, 12-10-91; C.F. No. 95-478, § 3, 5-31-95; C.F. No. 03-554, § 1, 7-7-03) http:l(www.ci.stuaul.mn.uslcode(1c4�9.htm1 8/2/2007 Chapter 310. Uniform Licex}�e Procedures �- { Appearance lst Znd 3rd (m) P�esumptive penalties for certain violatio�s. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the Iength of license suspensions and the propriety of revocations, and shatl apply to aIl license types, except that in the case of a violation invofving a liquor Iicense § 409.26 shall apply where a specific violation is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial a�d compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penaity selected was more appropriate. Type of Violation (1) Violations of conditions placed on the Iicense $500.00 fine $1,000.00 fine (2) Violation of provisions of the legislative code relating to the licensed activity (3) Failure to permit entrance or inspection by LIEP inspector or police (4) Commission of a crime other than a felony on the premises by a licensee or employee (5) Commission of a felony on the premises by a licensee or employee (6) Death or great bodily harm in establishment related to violation of law or license conditions (7) Failure to pay license fees $500.00 fi�e $1,000.00 fine 5-day 10-day suspension suspension $700.00 $1,500.00 Page 1 of 1 U �'cg �� 4th $2,000.00 fine and 10- Revocati day suspension $2,000.00 fine and 10- Revocati day suspension 15-day suspension Revocati 5-day suspension Revocati $2,000.00 RevocaCion n/a 30-day 60-day Revocation suspension suspension Revocation n/a n/a htM�//www_stnaul.QOV/code/1c310.htm1 7/12/2007 STATE OF MINNESOT�' � "ss. COUNTY OF RAMSEY ) ���gy'� Julie Kraus, being first duly sworn, deposes and says that on the 2v day of August, she served the attached NOTICE O� VTOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Bi1lyNeng Yang Asian Cuisine 945 Rice Street, Ste. A St. Paul, MN 55117 Billy Neng Yang 890 Forest Street, Unit #1 St. Paul, NiN 55106 Kerry Antrim, Community Organizer Disirict 6 Planning Council 213 Front Avenue St. Paul, NIlV 55117 Tk 2, Llc, 10341 Waterfront Drive Woodbury, M1V 55129-8534 (which is the last known address of said person) deposifing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� � Julie Kraus Subscribed and sworn to before me this 2° day of August, 2007 � v ,�('_ �Vot Public � AFk'IDAVIT OF SETcvICE BY U.S. MA1L, + RITA M. BOSSARD NOTARY WBIIC-MiNT7ES0iA � MY COMMISSION EXPIRESJAN.31,201 D