07-986Council File # �7 g�0
Green Sheet # b �
Amended - 10/17/2007
RESOLUTION ��
�I,TI� OF SAINT PAUL, MINNESOTA
Presented by
1
2
3 WHEREAS, adverse action was taken against the Malt Off Sale license application submitted by
4 Flor De Isote, LLC d/b/a Flor De Isote (License ID #20050004314) for the premises located at 935
5 Maryland Avenue East in Saint Paul, by Revised Notice of Intent to Deny License dated September 19,
6 2007, by letter of objection submitted by the Payne Phalen District Five Planning Council Community
7 Planning and Economic Development Committee, alleging the location was inherently unsuitable for the
8 sale of alcohol; and
9 not
10 WHEREAS, the licensee dicPrespond to the Revised Notice of Intent to Deny License to contest the
11 allegation; and
12
13 WHBREAS, the Revised Notice of Intent to Deny License stated that if the licensee failed to
14 contest the allegation by October 1, 2007, that the matter would be placed on the consent agenda to impose
15 the recommended penalty; now, therefore, be it
16
17 RESOLVED, that the Malt Off Sale license application submitted by Flor De Isote, LLC d/b/a Flor
18 De Isote is hereby denied.
19
Yeas � Nays � Absent � Requested by Deparitnent of:
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✓
✓
J B y: —� ,
Montgomery �
Thune ✓ Fo roved by City Attomey
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Adopted by Council: Date ���/7��0�7
Adoption Certified by Council Secretary Form A p e by or f miss to Council
By: g
Approve y M y� Date �D y3 D
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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S� — Dept of Safety & Inspections
Contact Person & Phone:
Rachel Tiemey
266$710
Doc, Type: RESOLUTION
E-DOCUment Required: Y
DocumentConWCt: JulieKraus
ContactPhone: 266-8776
OS-OCT-07
�
Assign
Num6er
For
Order
Total # of Signature Pages _(Clip All Locations for SignaWre)
Green Sheet NO: 3044831
0 T1ept of Safety & Inspeclions I
1 epG ofSafety & Inspectious I Deparbnent D'vector I
2 �LSty Attornev
3 _ayor's�ce _ __ MaYadASSistant
4 OUOCII
5 'ty Clerk � Cl'ty Clerk
Approval of the attached resolurion to take adverse acrion against the Malt Off Sale license applicarion submitted by Flor De Isote,
LLC, d/b/a Flor De Isote (I,icense ID#20050004314) for the premises located at 935 Maryland Avenue East in Saint Paul.
Itlatlons: Approve (A) or K
Planning Commission
CIB Commitlee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this departmenfl
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curzent cily empioyee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why):
The Payne Phalen District Five Planning Council Community Planning and Economic Development Committee submitted a letter of
objection alleging the location was inherently unsuitable for the sale of alcohol. After nori&cation, license failed to respond to
Revised Notice of Intent to Deny License.
Advantages If Approved:
License denial
Disadvantages If Approved:
None
DisadvanWges If Not Approved:
.� . s -�i "c� 4 � f � � �
� � � �.� �
',�`$� 7 �,����°?!°����
Transaction:
Funding Source:
Financial I nformation:
(Explain)
Activity Number.
CosURevenue Budgeted:
October 8, 2007 10:54 AM Page 1 �,,,
��-�
OFFICE OF THE CITY ATTORNEY
.Iohn J Choi. Cfrydnorney -
���9g�
cl� oF sa�vT Paul.
Christopher B. Colemm; Mayor
Civil Division
400 City Ha17
IS WestKeZlogg Blvd
Saint Paul, M"umesota SSIO2
Telephone: 651 266-8 71 0
Facsimile: 65l 298-5619
September 19, 2007
REVISED NOTICE OF INTENT TO DENY LICENSE
Owner/Manager
F1or De Isote
935 Maryland Avenue East
St. Paul, MN 55106
RE: Malt Off Sa1e license appiication submitted by Flor De Tsote, LLC, d/b/a Flor De Isote
for the premises located at 935 Maryland Avenue East in Saint Paul
LicenseID # 20050004314
Dear Sir/Madam:
An objection has been made to the Malt Off Sale license application submitted by Flor De
Isote, LLC, d/b/a Flor De Isote for the premises located at 935 Maryland Avenue East in Saint
Pau1. The basis for the objectaon is as follows:
The Payne Phalen District Five Planning Conncil Community Planning and
Economic IDevelopment (CPED) Committee submitted a letter of objection.
The letter stated that they objected to the Malt Off Sale license being issued
because they believed the location was inherently unsuitable for the sale of
alcohol for the following reasons: 1) the store has limited parking and it
would attract a lot of pedestrians and become an attractive nnisance which
would promote loitering; 2) the high number of youth in the area, about 1/3
of the population is under the age of 18 and 3) a proliferation of other
existing points of sale for liquor and beer.
As a result of this objection, the �ity Council has referred this matter for license denial.
At this time you haue three options on how to proceed:
If you wish admit the facts but contest the denial, you may haue a public hearing 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 by Monday,
October 1, 2007. The matter will then be scheduled before the Cify Council far a public
heazing to determine whether to deny your license. You wiil have an opporhxnity to
appear before the Council and make a statement on your own behalf.
AA-ADA-EEO Employer
Flor De Isote
September 19, 2007
Page 2
� 7' "!-/��
3. If you dispute the above facts, you can request a hearing before an Aduuuistrative
Law 7udge. At that hearing both you and the City will be able to appeaz and present
witnesses, evidence and cross-examiue the other's witnesses. The 5t. Paul City
Council will ultimately decide the case. If this is your choice, please advise me by
Monday, October 1, 2007, and I will take the necessary steps to schedule the
aclwuustrative hearing.
4. You may withdraw your license application. Send a written statement to that effect to
fhe Office of License, Inspections and Environmental Protecrion, 8 Fourth Street East,
Suite 200, St. Paul, Minuesota 55101-1002 no later than Monday, October 1, 2007.
Information should be directed to the attenfion of Christine Rozek. Any request for a
refiuid 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. In that case, the matter will be placed on the Council's Consent
Agenda for approval of the denial.
If you have any questions, feel free to call me or have your attorney call me at
(651) 266-8710.
Sincerely,
� 1v�
J
Rachel Gunderson Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Ismael Hernandez, 2124 - 7�' Street North, North St. Paul, MN 55109
Ms. Leslie McMurray, Executive Director, Payne Phalen District 5 Planniug Council
1014 Payne Avenue, St. Paul, MN 55101-3933
AA-ADA-EEO Employer
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
� ���c��
Julie Kraus, being fizst duly sworn, deposes and says that on the 19� day of September,
she served the attached REVISED NOTTCE OF IlVTENT TO DE1VI' LICENSE by placing a
true and correct copy thereof in an envelope addressed as follows:
Owner/Manager
Flor De Isote
935 Maryland Avenue East
St. Pau1, MN 55106
Ismael Hernandez
2124 - 7'� Street North
North St. Paul, NTN 55109
Ms. Leslie McMurray, Execurive Director
Payne Phalen District 5 Platuiing Council
1014 Payne Avenue
St. Paul, MN 55101-3933
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
� _�O'�_�
Julie Kraus
Subscribed and sworn to before me
this 19'� day of September, 2007
!/_!�� a�i�G�t_.�s/1
Not�y Public �
AFFIDAVIT OF SERVICE BY U.S. MAIL
RlTA 11. BG88ARO
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p(PIRES JAN.31. 2010