08-1195Council File # �� ��� / ✓'
GreenSheet#,'�G C�(
RESOLUTION
SAINT PAUL, MINNESOTA a- 1
Presented by
1 WHEREAS, adverse action was initiated against the Food Vehicle and Catering licenses held by
2 Never Enough Tyme, Inc. d/b/a Never Enough Tyme (License ID #20060002418) for the City of Saint
3 Paul by Notice of Intent to Suspend License dated September 16, 2008, alleging licensee failed to submit
4 current vehicle information and pay delinquent license and late fees in the amount of $1,170.00; and
6 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the
7 allegarion or submit the required vehicle information and pay the delinquent license and late fees; and
8
9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
10 allegation or submit the required vehicle information and pay the delinquent license and late fees by
ll September 26, 2008, that the matter would be placed on the consent agenda to impose the recommended
12 penalty; now, therefore, be it
13
14 RESOLVED, that the Food Vehicle and Catering licenses held by Never Enough Tyme, Inc. d/b/a
15 Never Enough Tyxne are hereby suspended.
16
17
18
19
20
Requested by Department of:
���
By: i �
Fo proved by CiTy Attomey
BY'��LN,x t �AA.Vl1.v�
Adoption Certified by Co cil Secretary Form Approved by Mayor for Submission to Council
BY� � . By: ` J (Yvn� � h1fl�1LG---° / v'�r°'
Approv y a D r� /'7 �� �—
By:
Adopted by Council: Date ���jfy��ll�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
nsS�119h�
DepartmenUOfficelCouncil: Date Initiated: �
S� _Dept.ofSafety&Inspections i ,��T-0$ Green Sheet NO: 3060690
Confact Person & Phone: Deparfinent SeM To Person Initial/Date
� Rachel Tiemey � I o ePt ofSaretv & insoecflo� f �---� i
266-8710 1 i ept of SafetV & Insoections Departlnent Direc[or
� �` � � 2 itpAttornev � �� �
I Must Be on Council Agenda by (Date): Number
OS-NOV-08Ce4 �� For � 3 avor'sO�ce Mayorf — �%Assistant � `f
Routing I 4 oancal [—� I
Doa Type: RESOLUTION � Order I 5 ' perk CS Cierk
E-DOCUment Required: Y
Document Contact: Julie Kraus
I ConWctPhone: 266-8776 I ''
Total # W Signature Pages _(Clip All Lowtions for Signature)
AMion Requested:
Approva] of the attached resolurion to take adverse acrion against ihe Food V ekicle and Catering ]icenses held by Never Enough
Tyme, Inc. d/b/a Never Enough Tyme (License ID#20060002418) for the City of Saint Paul. �
I
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personifirtn ever worked under a contract for this department?
CI8 Committee Yes No
Civil Service Commission 2- Has this person�rm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit current velilcle informafion and pay delinquent license and late fees in the aznount go $1,170.00. After
notification, licensee did not respond to the Notice of Intent to Suspend License.
Advan Wges If Approved:
License suspension.
Disadvantages If Approved:
DisadvanWges If NotApproved:
7ota1 Amount of
Transaction: CostlRevenue Budgeted:
Funding Source: Activity Number:
Financial Information:
(Explain)
October 10, 2008 3:10 PM Page 1
OFFICE OF THE CITY ATTORNEY
John J. Choi, CityAttomey �' � ��
68 �
SASNT
PAUL
�
AAAA
CITY OF SAINT PAUL
Christopher8. Co%man, Mayor
Civil Division
400 City Hal1
15 West Kellogg Blvd.
Saint Paul, Mnnesota 55102
Telepfione: 651 26687�0
Facsimile. 651298-5619
September 16, 2008
NOTICE OF INTENT TO SUSPEND LICENSE
Owner/Manager
Never Enough Tyme
3501-10�' Avenue South
Minneapolis, MN 55407
RE: Food Vehicle and Catering licenses held by Never Enough Tyme Inc. d/b/a Never Enough
Tyme for the City of Saint Paul
License ID #: 20060002418
Dear Sir/Madam:
The Deparirnent of Safety and Inspections (DSI} has recommended suspension of the
Food Vehicle and Catering licenses held by Never Enough Tyme Inc. d/b/a Never Enough Tyme
far the City of Saint Paul. The basis for the recommendation is as follows:
On August 8, 2008, you were sent a letter and REIVEWAL INVOICE from the
Department of Safety and Inspections (DSn indicating that your Food Vehicle
and Catering licenses due on July 18, 2007 were delinquent. The total amount
now due is $1,170.00 ($780.00 in licenses fees and $390.00 in late fees). You
were given until August 29, 2008, to pay the licenses and late fees. As of today's
date, that payment has not been received.
You were also asked to submit current vehicle information (year, make, model,
and license number of the vehicle transporting the food) along with your
payment. As of today's date, that informafion has not been received.
At this time, you have three options on how to proceed:
You can pay the licenses and late fees of $1,170.00 and submit the request vehicle
informafion. If this is your choice, please send payment and vehicle information to the
Department of Safei7 and Inspections (DSn at 8 Fourth Street East, Suite 20Q St. Paul,
Mimiesota 55101-1002 no later than Friday, September 26, 2008. Payment should be
directed to the attenfion of Christine Rozek. Submission of the payxnent and vehicle
information will be considered to be a waiver of the hearing to which you aze entitled.
Never Enough Tyxne
September 16, 2008
Page 2
pg-(IR�
2. If you wish to admit the facts but contest the penalty, you have 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. VJe will need to receive your letter by Friday,
September 26, 2008. 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
opportwiity 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 Paul, you will need to send a
written statement to that effect to the Department of Safety and Inspecfions (DSn, 8
Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday,
September 26, 2008. Informafion should be directed to the attention of Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the
suspension of your licenses. In that case, the matter will be placed on the Council's
Consent Agenda for approval of the recommended penalty.
If you have quesfions about these opfions, please feel free to contact me at 266-8710.
Sincerely,
� I�� `
i �i�,v�tq�
J
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Depuiy Director of DSI
Marcy Alfonsi, 767 James Avenue, Saint Paul, MN 55102
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STATE OF MINNESOTA 1
ss. AFFIDAVIT OF SL . VICE BY U.S. MAIL
COUNTY OF RAMSEY )
68�f l�l�
Julie Kraus, being first duly swom, deposes and says that on the 16�' day of September,
she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a
true and correct copy thereof in an envelope addressed as follows:
Owner/Manager
Never Enough Tyme
3501-10�' Avenue South
Minneapolis, MN 55407
Mazcy Alfonsi
767 James Avenue
Saint Paul, MN 55102
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at 5t. Paul, Minnesota.
����
Julie Kraus
Subscribed and swom to before me
this 16`�' day of September, 2008
° .� �� ���
� Notary Public '
RITA M. BOSSARD
NOTARY PUBLIC - MINNESOTA
MV COMMISSION
EXPIRESJAN 31,2010