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08-194Council File # � ���, � � � Green Sheet #_��U�L7 aS1 RESOLUTION Presented F SAINT PAUL, MINNESOTA �-- �y 1 WHEREAS, adverse action was taken against the Restaurant (A) 0-12 Seats license held by Issam 2 Alhuniti, d/b/a Chicago Submarine (License ID # 19990000132) for the premises located at 614 Selby 3 Avenue in Saint Paul by Notice of Intent to Suspend License dated January 23, 2008, alleging licensee 4 failed to pay the $500.00 penalty unposed by City Council on December 12, 2007 (CF #07-1180) for 5 operating a sidewalk cafe without a Sidewalk Cafe license; and 6 7 WI�EREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 8 ailegation or submit the $500.00 penalty payment; and 9 10 WI3EREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 11 allegation or submit the fine payment by February 4, 2008, that the matter would be placed on the consent 12 agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Restaurant (A) 0-12 Seats license held by Issam Alhuniti, d/b/a Chicago 15 Subinarine is hereby suspended. 16 17 18 19 20 Adoption Certified by Coun 'I Secretary By: � Approved b �o� Date ��61 By: Re uested by Depamnent o� �a�r� �� . .�a�eccY , BY: 2,t-/�-a Form oved by Ci� . T�orney By: Form A p ed y M� r fo' S bmi 'on to Council By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b��(R� $� — Dept of Safery & Io,•peetions 13FE6-08 Green Sheet NO: 3049920 CoMact Person & Phone: Rachel Tiemey 266-8710 Must 8e on Council Agen 27-FEB-08 /(�nMO„ .,L Doc.Type: RESOLUTION E-DOCUment Required: Y DocumentContact: JulieKraus ConWct Phone: 266-8776 � Assign Number For Routing Order ToWI # of Signature Pages _(Clip All Locations for Signature) 0 �t of Safety & Inspeitions I 1 e tofSaf &Ins echions - De artmentDirector 2 ' Attorne 3 or's Office or/Assist�t 4 omcil 5 i Clerk C5 C1erk Approval of the attached resolurion to take adverse action against the Restauran[ ( A) 0-12 Seats license held by Issazn Alhuniti, d/b/a Chicago Submarine (License ID#19990000132) for the premises located at 614 Selby Avenue in Saint Paul. Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Ves No Civil Service Gommission 2. Has this persun(fum ever deen a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain a11 yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed tA pay the $500.00 penalty imposed by City Council on December 12, 2007 (CF #09-1180) for operating a sidewallc cafe without a Sidewallc Cafe license. After norificatioq licensee did not respond the Notice of Intent to Suspend License. Advantages If Approved: License suspension DisadVantages If Approved: None Disa Wantages If Not Approved: ToUT Attwunt oF Trensaction: Funding Source: Financial Information: (Explain) February 13, 2008 933 AM Activity Number: CosURevenue Budgeted: Page 1 w CITY OF S�INT PAUL Cf4'istopher B. Coleman, Mayor January 23, 2008 NOTICE OF INTENT TO SUSPEND LICENSE Issam Alhuniti Chicago Submarine 614 Selby Avenue St. Paul, MN 55102 RE: Restaurant (A) 0-12 Seats license held by Issam Alhuniri, d/b/a Chicago Submarine for the premises located at 614 Selby Avenue in Saint Paul LicenseID # 19990000132 Deaz Mr. Alhuniti: OFFICE OF TI�E CITY ATTORNEY John J. Choi, cityAteomey �/� �� CiviZDivision 400 Ciry Hall IS YPest KeZlogg BZvd Saint Paul, eLfmnesofa 55102 Telephone: 651266-8710 Facsoreile: 65I 29&5614 The Deparhnent of Safety and Inspections (DSn has recommended suspension of the Restaurant (A) 0-12 Seats license held by Issam Alhuniti, d(b!a Chicago Submasine for the premises located at 614 Selby Avenue in Saint Paul. The basis for the recommendation is as follows: On December 20, 2007, you were sent an INIPOSITION OF FIl�T� letter from the Department of Safety and Inspections reques6ng payment of the $500.00 penalty imposed by City Council on December 12, 2007, (CF #07-1180). The penalty was imposed for operating a sidewalk cafe without a Sidewalk Cafe license. Xou were given until January 11, 2008, but as oF today's date the $500.00 penalty has not been paid. At this flme, you have three options on how to proceed: 1. Xou can pay the recommended $500.00 penalty. If this is your choice, you will need to send your payment to the Department of Safety and Inspecfions at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, February 4, 2008. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed £or your convenience. Payment of the penalty will be considered a waiver of the hearing to which you are entitled. AA-ADA-EEO Employex Chicago Submarine January 23, 2008 Page 2 6$'(9 � 2. If you wish to 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 and requesting a public hearing. We wi11 need to receive your letter by Monday, February 4, 2008. The matter will then be scheduled before the City Council for a public hearing to determiue whether to suspend your license. You will haue 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 hearing before an Administrarive I,aw Judge. At tha# hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, February 4, 2008, and I will take the necessary steps to schedule the a.dministrative hearing. Please note: Saint Paul Legislative Code §310.05 (k) states: "The council may impose upon any licensee or license applzamt some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but ure not Zimited to, the cost of the administi-ative law judge or independent hearing examiner, stenog`'aphic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms cmd equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case :f (� the position, claim or defense of the Zicensee or appliccznt was fi-ivolous, arbitrary or capricious ....... (v) the applicanT or licensee was sufficiently in cantrol of the situation and therefore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required insurtmce policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the violation iirvolved the saZe of cigurettes to a minor." 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 CounciPs 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, � f �,c�-�' , .� Rachel Tierney/Virginia D. Palmer Assistant City Attorney cc. Christine Rozek, Deputy Duector of DSI Issam Alhunifl, 612 Selby Avenue, St. Paul, MN 55102 AA-ADA-EEO Employer STATE OF NIINNESOTA) ) ss. COUNTY OF RAMSEY ) Og�(q� Julie Kraus, being first duly swvom, deposes and says that on the 24`� day of January, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and conect copy thereof in an envelope addressed as follows: Issam Alhuniti Chicago Submarine 614 Selby Avenue St. Paul, MN 55102 Issam Alhuniti 612 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, Minnesota. Subscribed and sworn to before me this 24�' day of January, 2008 v �/�/ , �e!J� rrot y rUbi�� ` AFFIDAVIT OF SEI2VICE BY U.S. MAIL , ulie Kraus RITA M. BOSSARD NOTARY PUBL(C • MIPA�ESOTA MY COMMISSION EJCP4RES JAN. 31, 20 1 0 DEPARTME� iT OF SAFETY AND INSPECTIONS Bob Kusler, Direcfor CITY OF SATNT PAUL Christophu B- Coleman, Mrryor December 20, 2007 3ssam Alhuniri Chicago Submarine 614 Selby Avenue Saint Paul, MN 55102 Dear NFr. Alhwniti: i. :_ , . _ � =u i: � �� � �� �������� Enclosed is a copy of City Council Resolution Number 07-1180 which imposes a fine for the following violation: Operating a sidewalk cafe withouf a sidewalk cafe license. The fine was approved and ardered by the Saint Paul City Council in final written form at the Council's regular meeting on December 12, 2007. The effect of this notice is a fine in the amount of $500.00 is due for the above mentioned offense which is payable no later than the close of business (4:30 p.m.} on Friday, January 11, 2008. Please call me at 651 266-9108 if you have questions regarding this matter. Sincerely, �,`�...� � 1� Christine A. Rozek Deputy Director CAR/lab enclosure cc: Westem District Commander-SPPD Bob Kessler, Director-DSI 7ulie Kraus, Legal Assistant Kris Schweinler, Senior License Inspector COMMERCEBUILDING 8 Fourth SL E, Suite 200 Sain[ Pnul, Minnesota 55(0l-L024 a�-��� Telepharse: 651-?66-9090 Facsuni/e: 651-?66-9124 Web: Hnvw.stpaul.gov(dsi IMPOSITION OF FINE � - � r : _ _, - w m � �v' `� - '�` = �' AA-ADA-EEO Empioyer 12/14/20Q7 11.30 FAX 6512668574 SAINT PAUL CITY COUNCIL Presentcd By 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 I� 007/007 �� WI�REAS, Issam A�uniti d/b/a Chicago Submarine (License Tb #19990000132) locatcd at 614 Selby Avenue u1 SainY Paul received a Notice of Violation dated August 22, 2007, for operating a sidewalk ca#'@ without a sidewalk cafe license; aad WITEREAS, a he3cing was held before an Administtztive Law JAdge on Segtember 27, 20Q'7 where the Department of Safety and Znspections was represented by Counsel, presented testimonq, � axgnments and exhlbits urto the record and the ]iceasee appeared and presented testimony, arguments and e2[Iubits into the record; and WFTEREAS a Report Was issued on October 18, 2007, in which the Admmisir2tive Law 7udgt found that there was su�cient proof of the violation; and WHEREAS, the qdministrative Law Judge also found that adv�e action is appropriate; now, therefore be it RESOLV$b, tLat a fine of $500.00 is ir�osed against al] licenses held by Issam Alhvniti d/b/a Chicago Submazine; and be it FTIRTHER RESOLVED that [he $500.00 fin� be paid within 30 days of thc passage and appzoval of this resolution; and be it F(IR'3'I�R RESOLVED, that tfie Findings of Fact, Conclusions of Law and Recommendation of the .Administrative T.aw Judge in this matter are hereby adopted as the Findings and Conciusions of the City Cotmcil in this matter. A copy of this xesolution, as adopted, shall be senc by first class mail to the Adminisrrative Law Judge and to the ]icense holder. Requasted byDepzrmiontoF. ����� � Form �,pproved by Ciry wt�omey � 7 �--� By: - Farm A uvM 6y r far S ���� gr 8y: Cnuncfl File # � y�B D CYreen Sheet # RESOLUTIOIV _ CITY OF SA.INT PAUL, MINNESOTA ���� � � s .-: Adoption Certiftcd by Council eCretary Dy: / fd� npprovtd by M¢ypr: Da�¢