07-93Council File # � ,3
Green Sheet # �j (�
RESOLUTION
CITY OF SAINT PAllL, MINNESOTA �i /
Presented
2 WHEREAS, adverse action was taken against the Malt On Sale (Strong) and Wine On Sale licenses
3 held Zander, Inc., d(b!a Zander Cafe (License ID#19980000521) far the premises located at 523 Selby
4 Avenue in Saint Paut by Nofice of Intent to Suspend Licenses dated November 29, 2Q�6, alleging licensee
5 failed to subxnit a copy of their 2005 gross sales receipts for food and beverage as required by Saint Paul
6 Legislative Code §409.15; and
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9
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WI�REAS, licensee did respond to the Notice of Intent to Suspend Licenses to request and be
granted an extension by the Office of LIEP unfil January 15, 2007, in order to provide requested
information; and
WHEREAS, licensee did not provide the requested informafion by the agreed upon January 15,
13 2007 deadline; and
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I S WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
16 allegations or submit the requested information by the agreed upon deaclline, that the matter would be
17 placed on the consent agenda to impose the recommended penalty; now, therefore, be it
18
19 RESOLVED, that the Malt On Sale (Strong) and Wine On Sale licenses held Zander, Inc., d/b/a
20 Zander Cafe are hereby suspended.
21
Requested by Department of:
Adopted by Council: Date a�7���
Adoption Certified by Council ecretary
BY� / / //�.i/ii ir�i.�Si�i�
Approved�ay � ate Z 4
By: /li��
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BY� i .E�ll.,a�� � Y'r �
Form Approved by C�ty A omey
By:
1
Form Ap ved y M z fo u iss' to Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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CoMact Person & Phone:
Rachel Gunderson
266-8710
Doc. Type: RESOLUTI�N
E-0ocument Required: Y
DocumeMConWd: JulieKraus
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Assign
Number
For
Routing
Order
CoMact Phone: 266-8776 I �
Tatal # of Signature Pages _(Clip AII Locations for Si9nature)
Green Sheet NO: 3036285
0 'censelIo 'on/Env7ron Prot
1 'ceo.sellns "onlEnvironProt De artmentD'u�ector
2 Attorn
3 a or's O�ce Ma oHAssisfsnk
4 auuN
5 ' Clerk Cti C1erk
Approval of the attached resolu5on to take adverse action against the Malt On Sale (Strong) and Wine On Sale licenses held by
Zander, Inc. d/b/a Zandar Cafe (License ID#19980000521) for the premises located at 523 Selby Avenue in Saint Paul.
oaoons: Hppmve �H� or ne�ecc �ng rersonai service comracis musi pnswer me ronoxnng uuescons:
Planning Commission 1. Has this person�rtn ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Nas this persoNfirm ever been a dH employee?
Yes No
3. Does this persoNflrm possess a skill not normally possessed by any
current ciry empluyee?
Yes No
Explain all yes answers on separate sheet and aNach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
License did not submit a copy of theu 2005 goss sales receipts for food and beverage as requued by Saint Pau] Legisla6ve Code
Section 409.15. After norification, licensee requested and was ganted an extension unril 1l15/07. Licensee fai(ed to submit requested
documents after the agreed upon deadline.
Advantages �f Approved:
License suspension.
Disadvantages If Approved:
None.
DisadvaMages If Not Approved:
Trensaction:
Funding Sou[ce:
Fnancial Information:
(Explain)
ActiYity Number:
RECEIV�D
JAN 2 2 2007
�YOR'� 4FFIGE
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,JAN 2 3 ZQQ�
CosURevenue Butlgeted:
January 17, 2007 136 PM Page 1
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OFFICE OF THE CITY ATTO'RNEY
Joim J. Choi, CityAttorney "
C '1� �� �AllV� PAUL CivilDivision
ChristopherB.Ca7emm�,Mayor 400CiryHall TeZephone:65I266-87I0
ISWestKelloggBlvd - Facsimi7e:651298-5679
Saint Pau� IvCmnesota SSIO2
�
November 29, 2006
1VOTICE OF INTENT TO SUSPEND LTCENSES
Owner/Manager
Zander L Cafe
S73 SP�,J� AVP „n 1 N 1P
St. Paui, MN 55102
RE: Ma1t On Sale (Strong) and Wine On Sale licenses held by Zander, Inc., d/b/a
Zander Cafe for the prexnises located at 523 Selby Avenue in Saint Paul
License ID #: 19980000521
Dear Sir/Madam:
The Office of License, Inspections and Environmenfal Protection has recommended
suspension of the Malt On Sa1e (Strong) and Wine On Sale licenses held by Zander, Inc., d/b/a
Zander Cafe for the premises located at 523 Selby Avenue in Saint Paul. The basis for the
recommendation is as follows:
On November 2, 2006, you were settt a THIRA REQiTEST letter from the
Office of License, Inspections and Environmental Protection requesfing that
you submit a copy of your 2005 gross sales receipts for food and beverage.
You are required by Saint Paul Legislafive Code §409.15 to show that 60°l0
of your sales are from food in order to maintain your Malt On Sale (Strong)
and Wine On Sale licenses.
You were given until November 16, 2006, to respond. As of today date, that
information has not been recerved.
At this time, you have three options on how to proceed:
If you wish to continue to do business in the City of Saint Faul, you need to submit the
requested information to the O�ce of License, Inspections and Environmental Protaction
at 8 Foixrth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no latex than Monday,
December 11, 2006. Information should be directed to the attention of Christine Rozek.
AA-ADA-EEO Employer
Zander Cafe
November 29, 2006
Page 2
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0 7-9�
2. If you wish to have a public hearing before the Saint Paul City Council, you will need to
send me a letter with a statement admiYdng the facts and requesting a public hearing. We
will need to receive youx letEer by Monday, December 11, 2006. The matter will then be
scheduled before the City Council for a public hearing to determine whether to suspend
your licenses. You will have an opporhuiity to appear before the Council and make a
statement on your own behalf.
3. If you no longer wish to do business in the City of Saint Pau1, you may send a written
statement to that effect to the Office of License, Inspections and Environmental
Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than
Monday, December 11, 2006: Information should be directed to tlze attention of
Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the
suspension ofyour licenses.
If you have quesfions, please feel £cee to contact me at 266-8710.
Sincerely,
� l ���
Rachel Gunderson
Assistant City Att<
cc: Christine Rozek, Deputy Director of LIEP
Alexander Dixon, 525 Selby Avenue,St. Paul, MN 55102
AA-ADA-EEO Employer
STATE O� MINNESO'�' -`
) ss.
COUNTY OF RAMSEI' )
�- 0 � �3
AFF`IDA'VIT OF SERVICE BY U.S. MAII.
3LTLIE KRAIIS, being fizst duly sworn, deposes and says that on November 30, 2006,
she served the attached NOTICE OF IN'TENT TO SUSPEND LICENSES by placing a true
and correct copy thereof in an envelope addressed as follows:
Owner/Manager
Zander Cafe
523 Selby Avenue
St. Paul, MN 55102
Alexander Dixon
525 Selby Avenue
St. Paul, MN 55102
(which is the last lrnown address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minuesota.
�•
Julie Kraus
Subscribed and sworn to before me
this 30�' day of November, 2006
r .�� L' ,�9°G��"�/
Notary Public
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