07-844Council File # �a
Green Sheet # ,3
RESOLUTtON aa-
CITY OF SAINT PAUL, MINNESOTA
Presented
1 WI�REAS, adverse action was taken against the Dance or Rental Halls license application
2 submitted by Cinema Ballroom, LLC, d!b!a Cinema Ballroom (License ID #20070000739) for the
3 premises located at 1560 St. Clair Avenue inSaint Paul by Notice of Inteist to Deny License dated
4 August 9, 2007, alleging licensee did not provide a shared parking agreement or appiy for a pazking
5 variance for the additional sixty-three (63) pazking spaces required for the license; and
7 WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to contest the
8 allegations or provide the information requested; and
1 Q WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
11 allegations or provide the informafion requested by August 20, 2007, that the mattez would be placed on
12 the consent agenda to impose the recommended penalty; now, therefore, be it
13
14 RESOLVED, that the Dance or Rental Halls license application submitted by Cinema Ballroom,
15 LLC, dibla Cinema Ballroom is hereby denied.
16
Yeas � Nays � Absent N Requested by Department o£
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Adopted by Council: Date �
Adoption Certified by Council Secretary
By: �
Approved M : Date (}
By:
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Form Approv d by Ciry tto ey
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Form A ove f by Ma for S ''on to uncil
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DeP�e�Uofficdcounci{: Date Initiated:
S , -�„tof��&,�o� Z�A��� i Green Sheet NO: 3043499
Contact Person & Phone:
V"rc9ina D. Paimer
266$710
Must ee on
12-SEP-07
Doc. Type: RESO�UTION
E-DocumeM Required: Y
Document Contact: Julie Kraus
CoMactPhone: 2665710
� � V tofSaf ... &Ins �ous V
Assign 1 e tofSafe &Ins �ons De artmentDir¢ctor
Number g �ryAttom
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Routing 3 or•s O�ce Ma odAssistant
Order 4 oencil
( 5 ' C7erk Ci Clerk
Tota1 # of Signature Pages _(Clip A11 Locations tor Signature)
Approval of the attached resolurion to take adverse acrion against the Dance or Rental Halis license applicafion submitted by Cinema
BalUnom, LLC, dJb/a Cinema Ballroom (License ID# 20070000739) for the premises located at 1560 St. Clair Avenue in Saint Paul.
�tlations: Approve (A) or tt
Planning Commission
C1B Committee
Civil Service Commission
1. Has this persaNfirm ever worked under a conhact fw this department?
Yes No
2. Has this person/firtn ever been a ciry employee?
Yes No
3. Does this person(firm possess a skill frot normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
lnitiatlng Prabiem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee did not provide a shared pazking agxeement or apply for a paricing variance for the additional sixty-three (63) pazking spaces
requited for the license. After nodfication, licensee failed to respond to the Notice of Intent to Deny License.
Advantages IfiApproved:
License denial.
Dlsadvantages If Approved:
Disadvantages lf NotApproved:
Transaction_
Funding Source;
Financiallnformation:
(F�cplain)
CosURevenue BudgMed:
Activity Number:
August 29, 2007 3:21 PM Page 1
o�-s��
OFFICE OF T43E CITI' ATTORNEY
Jo3m J. Choi, Ciry Attamey
CITY OF SAINT PAUL
Cl�rstapher B. Cden+m; Mayor
Civil Divirion
400 Ciry HaZ1
IS West Kelingg Bivd
Sa'nd Pm+l, M'mnesot¢ SSIO2
Telephone: 652 266$7I0
Farsvnite: 65I 198-5619
August 9, 2007
NOTICE OF INTENT TO DENY LICEIVSE
Owner/Manager
Cinema Ballroom
1560 St. Clair Avenue
St. Paul, MN 55105
RE: Dance or Rental Halls license appiication subnutted bp Cinema Balkoom, LLC, d(b/a
Cinema Ballroom for the premises located at 1560 St. Clair Avenue in Saint Paul
License ID # 20070000739
Deaz SixlMadam:
The Department of Safety and Inspections has recommended denial of the Dance or
Rental Halls license application submitted by Cinema Ballroom, LLC, dibla Cinema Ballroom
for the premises located at 1560 St. Clair Avenue in Saint Paul. The basis for the
recommendation is as follows:
On April 5, 2007 and again on June 14, 2007, you were sent letters from the
Department of Safety and Inspections (DS� concerning the reqnirement that
you provide an additiona163 parking spaces in order to proceed with your
Dance or Rentai Halls license applicafion.
You were asked to provide a shared parldng agreement or apply for a
parlang variance by Friday, Jnne 29, 2007. As of today's date you have not
complied with that reqnest.
At ttus time you have three options on how to proceed:
If you wish to do business in the City of Saint Paul, you will need to either provide a
shared parking agreement or apply for a parking variance. You can submit the requested
documents to the Deparhnent of Safety and Inspections at 8 Fourth 5lreet East, Suite 200,
St. Paut, Minnesota 55101-1002 no later than Monday, August Z0, 2�07. Information
should be directed to the attention of Christine Rozek.
AA-ADA-EEO Employer
Cinema Ballroom
Au�u.st 9, 2007
Page 2
t�����
2. If you wSsh admit the facts but contest the penalty, you may have a public hearing before
the Saint Paul City Council, you will need to send me a letter with a statement admitting
the facts aud requesting a public heazing. We will need to receive yo�s letter by Monday,
Angust 20, 2007. The matter �vill then be scheduled before the City Council for a public
hearing to determine whether to deny youz license. You wiil have an opportunity to
appear before tfie Council and make a statement on pour own behalf.
3. You may withdraw your license application. Send a written statement to that effect to the
Depaztrnent of Safety and Inspecfions (DSn at 8 Fourth Street East, Suite 200, St Paul,
Minnesota 55101-1002 no later than Monday, August 20, 2007. Infonmation should be
directed to the attention of Christine Rozek. Any request for a re fund of the license
appiication fee must also be made in writing to DSI.
If you have not contacted me by that date, I will assume that you do not contest the
denial of yonr license. In that case, the matter will be placed on the Counc�T's Consent
A.genda for approval of the recommended penalty.
If you have any questions, feel free to call me or have your attorney call me at
(651) 266-8710.
Sincerely,
( ( )
►
�I
Rachel Gunderson
Assistant City Attorney
cc: Chrishine Rozek, Deputy Duector of DSI
Eileen Arcilla, 1326 Willow Circle, Roseville, MN 55113
AA-ADA•EEO Employer
STATE OF MINNESOT"
� ss. AFFIDAVTP OF SE__ TICE BY U.S. MAIL
COUNTY OF RAMSEY )
U�-8��
Julie Kraus, being first duly swom, deposes and says that on the 4�' day of August, she
served the attached 1�iOT`ICE OF INTEN'I` TO DENY LICENSE by placing a true and correct
copy thereof in an envelope addressed as follows:
Owner/Manager
Cinema Ballroom
1560 St Clair Avenue
St. Paul, MN 55105
Eileen Arcilla
1326 Willow Circie
Roseville, MN 55113
(which is the last laiown address of said pezson) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Miunesota.
.
f � /�
Julie Kraus
Subscribed and sworn to before me
tlus 9�` day of August, 2007
� ����
,�
No Public��
RiTA M. BOSSARp
lOTARY Pt�LIC . MItYJESOiA
MY COMN6SSWN
IXPIRESJAN.31, 201 p