08-1036co„n�il File # II�
RESOLUTION
1 W�IEREAS, adverse action was initiated against the Retail Food (B) Bakery 101-1000 sq. ft. and
2 Retail Food — Restricted Food Service licenses held by LSCi Sky Chefs d/b/a Rainbow Donuts (License
3 ID #20050004100) for the premises located at 712 University Avenue West, Unit #2 in Saint Paul, by
4 Nofice of Intent to Suspend License dated July 28, 2008, alleging licensee failed to pay delinquent
5 license and late fees in the amount of $262.00; and
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7 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the
8 allegation or pay delinquent license and late fees; and
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WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
allegation or pay the delinquent license and late fees by August 7, 2008, that the matter would be placed on
the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Retail Food (B) Bakery 101-1000 sq. ft. and Retail Food — Restricted Food
Service licenses held by LSG Sky Chefs d/b/a Rainbow Donuts aze hereby suspended.
Requested by Department oE
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Form ved by City Attomey
B y' ����drtkV J
Adopted by Council: Date ��/ 9�jJ�
Adoption Ceriified by Council ecretary Form Ap r ed b, M for S 'e ion to ouncil
BY� /� A !!� �i� By:
Approve May r: ate Zi (�
By:
Green Sheet Green Sheet
bt� �//1�10
— Dept of Safety & Inspeciions
2&AUGOS
Green Sheet NO; 3058762
Cor�fact person & Phone:
Rachei Tiemey
266-8710
10-SEP-08 ��, �. Q �..� n�,� N
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Ooc.Type: RESOlUT10N
E-Document Required: Y
Doeument Contact: Julie Kraus
ConWM Phone: 2668776
�
Assign
Number
For
Routing
Order
Toql # of Signature Pages _(Clip AN Locations for Signature)
0 e t of Saf & Ins ectioas
1 e t ofSafe & Ius e�tions De arimeut Director
2 ' Attorue
3 a or's Office Ma or/ASSistant
4 O�PCII
5 ' Clerk Gti Clerk
Approval of the attached resolution to talce adverse acrion against the Retail Food (B) Bakery 101-1Q00 sq, ft. and Retail Food -
Resfficted Food Service licenses held by LSG Sky Chefs d/b/a Rainbow Donuts (License ID#20050004100) for the premises located
at 712 University Avenue West, Unit #2 in Saint Paul.
�danons: Hpprove (A) or KeJeCt (K): PefSOnal SefYlce contl'acts Must Answer the Followmg questions:
Planning Commission 1, Has this persodfirm ever worked untler a conVact for this department?
CIB Gommittee Yes No
Civil Service Commission 2. Has this person�rm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
curtent city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees. Aftec notification, licensee did not respand to the Notice of Intent to Snspend
License.
Advan W ges If Approved:
License Suspension.
Disadvantages If Approved:
None.
Disadvantages if Not Approved:
Transactiort:
Funding Source: .
Financial Information:
(Explain)
Activity Number:
CosVRevenue Budgeted:
August 2S, 2008 11:52 AM Page 1
(
OFFICE OF T'HE CITY ATTORNEY
John d Choi, CityAttomey . „ , , ,
p^°z CITY OF SA1NT PAUL CivilDivision
� GhnstopherB.Colemart,Mayor 400CatyHaf! Telephone:65126fi87i0
�SWestKellogg8fvd. Facsimi/e;651295-56?9
IIAAA SaintPaul, Mnnesota 55102
July 28, 2008
NOTICE OF INTENT TO SUSPEND LICENSE
LSG Sky Chefs
Rainbow Donuts
712 University Avenue West, Unit #2
St. Paul, MN 55104
RE: Retail Food (B) — Bakery 101-1000 sq. ft. and Retail Food — Restricted Food Service
licenses heid by LSG Sky Chefs dlb/a Rainbow Donuts for the premises located at �12
University Avenue West, Unit #2 in St. Paul.
License ID #2005QOQ4100
Deaz Sir/Madam:
The Deparhnent of Safety and Inspections (DS� has recommended suspension of the
Retail Food (B) — Bakery 101-1000 sq. ft. and Retail Food — Restricted Food Service licenses
heid by LSG Sky Chefs d/b/a Rainbow Donnts for the premises located at 712 University Avenue
West, Unit #2 in Saint Paul. The basis for the recommendation is as follows:
On March 7, 2008, you were sent a letter from the Aepartment of Safety
and Inspections indicating that the Retail Food (B) — Bakery 101-1000
sq. ft. and Retail Food — Restricted Food Service license fees due on
November 3, 2007 were delinquent. You were given until March 28,
200&, to pay the license and late fees in the amount of $262.00 ($175.00 in
license fees and $87.00 in late fees). As of today's date that payment has
not been received.
At this time, you have three opfions on how to proceed:
You can pay the license and late fees of $262.00. If this is your choice, you should send
the payment directly to the Department of Safety and Inspecfions at 8 Fourth Street East,
Suite 200, St. Paui, Miimesota 55101-1002 no latez than Thursday, August 7, 2008.
Information should be directed to fhe attenfion of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Payment of the license and late fees will be
considered to be a waiver of the hearing to which you are entifled.
L:\CIVII,�KRAUS�FORM A'SIVARIOUS�2008V2AIlVBOWDONUTSLICSUSPFORMA,DOC
(
7uly 28, 2008
Page 2
bS'lG��v
If you wish to admit the facts but contest the penalty, you may have a public hearing
before the Saint Pau1 City Council, you will need to send me a letter with a statement
admittiug the facts and requesting a public hearing. We will need to receive your letter by
Thnrsday, Angnst 7, 2008. The matter will then be scheduled before the City Council
for a public heating to determine whether to suspend your license. You will have an
opportunity to appeaz before the Council and make a statement on your own behalf.
3. If you dispute the above facts, you can request a heariug before an Aduiinistrative Law
Judge. At that hearing both you and the City will be able to appear and present witnesses,
evidence and cross-exatnine $te other's witnesses. The St. Paul City Council will
ulfimately decide the case. If this is your choice, please let me know by Thursday,
August 7, 2008, and I will take the necessary steps to schedule the adininistrative
hearing.
If you have not contacted me by that date, I will assume that you do not contest the
suspension of your license. In that case, the matter will be placed on the Council's Consent
Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
IC� f�ri�X ��
Rachel Tierney
Assistant City Attorney
ca Christine Rozek, Deputy Director of DSI
Thong Van Nguyen, 1171 Piper Drive, New Brighton, MN 55112
L:\CiVIl.�KRAUS�FORM A'S\VARIOUS�2008�RAABOWDONVTSLICSUSPFORMADOC
STATE OF
� ss.
COUNTY OF RAMSEY
Julie Kraus, being first duly sworn, deposes and says that on the 28�' day of July, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true
and correct copy thereof in an envelope addressed as follows:
LSG Sky Chefs
Rainbow Donuts
712 University Avenue West, Unit #2
St. Pau1, MN 55104
Thong VanNguyen
1171 Pipez Drive
New Brighton, MN 55112
(which is the last lrnown address of said person) depositing the same, with postage prepaid, 3n the
United States mail at St. Paul, Minnesota.
Julie Kraus
Subscribed and sworn to before me
this 28�` day July, 2008
�� � - ���
Notary Public �
RITA M. BOSSARD
NOTARY PUBLIC • MINNESaTA
MY COMM4SSION
EXPIRESJAN-37.201 �