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08-291Amended 3/26/08 Council File # OS -�'1 � Green Sheet # 3pS(� y S� MINNESOTA 2 WF�REAS, adverse action was initiated against all licenses held by Snelling Cafe, Inc., d/b/a 3 Snelling Cafe (License ID #20040004952) for the premises located at 638 Snelling Avenue North in Saint 4 Paul by Notice of Violation dated February 8, 2008, alleging licensee submitted liquor liability insurance 5 with a lapse in coverage from November 17, 2007 to November 30, 2007, in violation of Saint Paul 6 Legislative Code §409.26(b) (12); and 8 WHEREAS, the licensee did respond to the Notice of Violation and request a public hearing which 9 was then scheduled far March 19, 2008; now, therefore, be it 10 11 12 13 14 15 RES that alllicenses held by Snelling Cafe, Inc., d/b/a Sneliing Cafe are hereby suspended for ten days�for a lapse in liquor liability insurance from November 17, 2007 to November 30, 2007. Said suspension shall become effective at 12:01 a.m. on Wednesday, April 9, 2008, and last until 11:59 pm. Friday, April i�,-2008. 16 This resolution, and acrion taken above, is based upon facts contained in the Februazy 8, 2008, 17 Notice of Violation sent to the licensee and the arguments made at the public hearing on March 19, 2008. ** with seven (7) days stayed provided there are no further violations within an 1S month period. Requested by Department of: Adoption Certified by Council Secretary BY� ` /lSl7� Approved by Ma r: Date �,, � i a.'C{�� BY� � BY� 1 � fT ��.p . Fo roved by City Attomey BY: IC c� I � Form A p e by yor for S ion o Co cil By: RESOLUTION i+�TV �r,c�e��r nw� u �02 Adopted by Council: Date �}�L�IL[� �1G, aUplj � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet b$- � � SI - �pt of Safety & Inspectioas I 26FEB-OS CorAad Person & Phone: Rachel Tiemey E-Document Required: Y Document Contact: Julie Kraus ConWct Phone: 2668776 � ASSign Number For Routing Order Total # of Signature Pages _(Clip All 4ocations for Signature) Green Sheet NO: 3050455 0 ept of Safety & Inspections 1 e tof5at &Ins ections I D artlnentD'v¢ctor 2 'Ty Attornev I I 3 or's Office MavodAssistant 4 auncit 5 ' Clerk C5 Cierk Approval of the attached resolution to take adverse acrion against all licenses held by Snelling Cafe, Inc, d/b/a Snelling Cafe f(License ID# 20040004952) for the premises located at 638 Snelling Avenue North in Saint Paul. Planning Commission CIB Committee Civil Service Gommission 7. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this perso�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 separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, Whaq When, Where, WhyJ: Licensee submitted liquor liability insurance with a lapse in coverage from November 17, 2007 to November 3Q 2007 in violarion of St. Paul Legislarive Code Sec6on 40926(b)(12). After nofification, licensee requested a public hearing. Advantages If Approved: 10-day closure of the establishment. Disadvantages If Approved: None. Disadvantages If Not Approved: Transaction: Funding Source: Financial information: (Explain) Activity Number: CosURevenue Budgeted: February 26, 2008 11:07 AM Page 1 OFFICE OF THE CITY ATTORNEY Johrs Choi, City Attomey ' �/� �� / CI� �� 1 PA� Civil Division Christopher B. Coleman, Mayor 400 CityHa11 Telephone: 651266-87I0 IS�estKeIIoggBlvd Facsmzile:651298-5679 ' SairetP¢u1.Yfvvtesota55702 r�rr February 28, 2008 NOTICE OF COUNC7L HEARING Afeworki Tekle Bein Snelling Cafe 638 Snelling Avenue North St. Paul, MN 55104 RE: All licenses held by Snelling Cafe, Inc., d/b/a Snelling Cafe for the premises located at 638 Snelling Avenue North in Saint Paul License ID #: 20040004952 Dear Mr. Bein: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, March 19, 2008, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ranisey County Courthouse. Enclosed aze cop3es of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on December 18, 2007, you submitted your liquar liability insurance to DSI with a lapse in coverage from November 17, 2007 to November 30, 2007 in violation of Saint Paul Legislative Code §409.26(b)(12). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office for this violation is a 10-day closure of your establishment for failure to comply with the statutory and ordinance requirements for liability insurance. If there is anv informafion vou would like City Council to review urior to fhe public hearing I will need to receive rt no later tLan Monday March 10 2008 Very truly yours, 1��.�.E.� ( i,�,�,w� Rachel Tiemey Assistant CityAttorney cc: Christine Rozek, Deputy Director of DSI MaryErickson, Council Secretary, 310 CityHall Afeworki Tekle Bein, 7065 Upper 157�' Street West, Apple Valley, MN 55124 Jun-Li Wang, Community Organizer, Haznline Midway Coalition, 1564 Lafond Avenue, St. Paui, MN 55104 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Snelling Cafe 638 SneIling Avenue North St. Paul, MN 55104 Wednesday, March 19, 2008 @ 5:30 p.m. 1: ' Violation: Licensee submitted liquor liability insurance with a lapse in coverage from November 17, 2007 to November 30, 2007 in violation of St. Paul Legislative Code §409.26(b)(12). Dates of Violation: December 18, 2007 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: 10 day closure of establishment Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 1/14/OS 3. Copy of email from Laura Benton to Christine Rozek dated 12/18107 4. Certificate of Liability Insurance dated 12/4/07 5. Notice of Violation and Affidavit of Service dated 2/8/08 6. Letter from licensee requesting a public hearing dated 2/22/08 7. Saint Panl Legislative Code §409.26 (b) (12) Cicense Group Commenfs Text [� Licensee: SNELLING CAFE INC �BA� SNELLING CAFE License #: 20040004952 ( '; ,._ �,. 68�2 0'1l74/2008 01/'14/2008 Insurance lapse is noi covered. To CAO for ma:rix penalfy - 10 day closure. CAR '12/10l2007 Rec'd Liquor Liability renewal wifh a lapse in coverage from 1 V17/2007 to 1'I/30/2007. LAB 03/13/2007 Sent 2nd haif invoice. $865.00 due 5/17l2007. LAB 09/2772006 Council Resolution �6-894 approved Yhe issuance of W+ne on Sale, Matt (strong), and Restaurant B ticenses. RS 09/14/2006 Condifions have been signed. Conditions 3& 4 added at the Iegislative hearing. CAR 09/O5/2006 Leg Hrg scheduled for 09l12/2006 @ 1:30pm. raf ' 07/O6/2006 Not�cation response date 08/2512006; notices mailed 07/06/2006; 88M, 33EM / cat 06/06/2005 BZA Major Variance File #05-106723 Approved, A variance of the off-street parking requiremenfs in order to eXpand the existing resfaurant into the adjacent retail space. Four add'Rional spaces are required and hvo spaces are proposed, for a variance of 2 spaces. 11108/2004 change in ownership from Afeworki Tekle Bein & Tsemaye Zere to Sneiling Cafe Inc. Zere is no longer a partner. Afeworki Tekle Bein is the sole owner of the corporation. Per CAR, since applicant renewed the 5450 lic 09/0'i/2004, change to inc fee prorated 2 months $75.00. cadrat Ar�3r� ; CI�� r�et � Li�rrs� � �c��^z� _— _— --_ _._. _,.u..-- --- m �....�._' �r.en�e� �tt� � �sl� _ �H� �B.E.l1+IG�AF� r �..�,.�.,_�a_.,._� �_�..,.__-` .,. __ -.�._.._,_..,.z-,- .__-_-. �� ........._.�.,. /: , ' �� x ci,�s: _ � =;r_z, 6`*t �� d � � �,. � _ _ P t ' lise� �� L�„�rs� � ...� �� < ,. - � -. _ .�•� - __ j ' j3 q . � Zi 6 i : __. . , .�...s. � .. _ b8 ��- I � .�.._ �r. ___ _ z ir�ut'� E��rt� T��e{u'tren'r�s _ — --- — . _.,.�_- - ��" � -- -- - �� rr: 7�.��.��i� �v�s� ��an �� _ % � YI' .� ain !4Y��M ! II��I`�j��I�V l �I�II i_§._.. �� r�� _l�� :. e n�� _ r'�, � - . . �� _ � : �s - r . - .� ;.- s �- �. __ �v. , _ � 3 �� d� � .� � .. . � �:� . .... : r, E# � a s _' � _ s ' ' F ( � Y • # .T L` 3 C _ � i t ' _"._.__ ..b. � � � � � �Y� ,�t N ! 1 il v e �'' s � � ��...� �� Yv��^i� +4a' �5 c 3.. � " yi «" } � � i yL,c}4 � �`d� Q�� } $ �I��ri� � SY �'i A 0 _ lL ] "3R14W ��r i �, ^ � �� g � � ��'�'n s"l+A� � _ t y _ . _ - -- �- --- - _ . .�__.r... 6$-y � = -�� ,.� ____ .__ �� ,�� Page 1 of 1 ( , Christine Roze - Sne(ling Cafe a��y�� From: Laura Benton To: Rozek, Christine; Schweinler, Kristina Date: 12/18/2007 11:46 AM Subject; Sne[ling Cafe Snelling Cafe at 638 No. Snelling Ave. has submitted renewal liquor liability with a lapse in coverage from 11(17/07 to 11J30/07. I received their renewal without insurance. I catled their agent and she said the owner said he-cancelled his insurance because he was not required to have liquor liability for wine and on sale malt. I told her that was not true. I called the owner, Afeworki Tekfe Bein. I told him he could waive liquor tia6ility if he down graded his on sale malt-strong to an on sale malt-3.2. He did not want to do that so he said he would have his agent send me his insurance. He now has a new agent and insurance company and they will not back date the cerlificate. file://C:\Documents and Settings\Rozekchr\Local Settings\Temp\XPgrpwise\4767B330m... 12/18/2007 LI9U19 • � � (� . 6$ - a�/ a.VYCI(HVCA 1HE POLICIES OF INSUR4NCE I�STED BELOW HAVE 9EEN ISSUED TO THE MSURED NAMEp qBOVE FOR 7HE POLICY PEWOD INDICATED. NOiWiTHSTANDING ANY REQUIREMENT, iERh� OR CONDITION OF ANY CONTRACT OR OlHER DOCUMEM W ITH RESPECT TO WHICH THIS CERTIFlCATE MAY BE ISSUED OR MAY PERTPJN, THE INSURANCE AFFORDED BY iHE POLIqES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IXCLUSIONS AN� CONDITIONS OF SUCH POLICIES. AGGREGA7E LIMITS SHONM Mqy HAVE gEEN REDUCED BV PAID CIAIMS. R POLICYEFGECIIVE POLICYIXPIWTION �� H� POLICYNUMBER TE D UNTE M �� LIMIIS G@IERALLIABILRY �.�..�� $ CAMMERCIALG@JERqLLIABIIJTY ISES orarerce $ CWMSMADE ❑ OCCUR M�EXP(Arryonepersw) $ P62SONAL&PDVIN,IURY $ _ GENERALAGGREGATE $ GEN'LAGGREGqTELMIiAPPilESPER: PROOUCTS-COMP/OPAGG $ PWC1' � i0. fAC AUI'OMOBILE LIABILIIY COMBINEOSINGLELIMIT $ PNYAllIO (Ea2�itleirt} ALLOWNEDAUTQS B(aapiLYINJURY SCHEDULEDqUTQS . (p¢�persan) $ HIREOAVTOS BOOItY1NJURY NON-OWNmAUTpS (PereaNeM} $ PROPQtTVDAMAGE $ (Peracride�rt) GARAGELIqBILRY FIJ�OONLY-EAACGIOElvT $ ANYA(f!O OiHFRTriAN EAACC $ - AUfOONLY: A � �, IXLESSNMBRELLALIqBILT' �HQ�� ' $ OCCUR �CWMSMADE AGGREGAiE $ $ �EDIJCTIBLE $ ftETENPON $ $ 1NORNERSCOMPENSA'(iONAND �STATU- Oi}{- EHPLAYERS'fAqglLf[Y YLIM E ANYPROPPoElpq(Pq{yTryEWFXECU(IVE ELEACHACCIOENT $ OFFlCER(MEMBERIXCLUpEO? EL�ISEpSE-EAEMPIAYEE $ Ifyes,descrbeuMer SPEGIAIPROVI510N bebvr EIOISEqSE-POIIGI'IJMIT $ °T "�" vzrrzJOOis�i ii/so/o7 ii/ao/oa A LIQUOR LIABILITY SEE DESCRIPTION FOR LIQUOR LIMITS �OESCRIP'pON OFOPEFqT10NS(LOCATIONS( VEHILIES(IXCLOSIONSAD�E�BYENWRSEMEM(SPECIALPROVISIONS $10.000 PROPERTY DAMAGE-EA OCC: 550,000 BI-fiA PERSON: 5100.�Q0 BI-EA OCC7 $50,000 LOMOS-EA pBRSON; 5100,000 LOMOS-EA OCC: 5300.000 AGGREGATE CAFR LOCATED AT: 638 SNELLING AVB, ST. PAUL, MN 55104 CITY OF ST_ PAUI, QFEICES OF L.I.E.F. 8 FOURTA SREEE`P EAST STE 200 ST. PAUL, PN 55101 SHOUL�ANYOFlHEABOVE �ESLRIBF➢POUCIES BE CANCELIE� BEFOREiHE IXPIRATION DATE iXEREOF, THE ISSUIN6 MSURER WILL ENDFAVOR TO M0.�L �- O pqYS WRfREN NOi10E TOTHE CER1iFICATE NOL�ER NAMEO Tb iHE LEFf, BUi FAILURETO �O 50 SHALL �NPOSE NO OBUGATIDN OR IWBILRY OF ANY KINQ OPON THE INSIIRER !R AGENiS OR sh CORPORATION 1985 �. �- D$' ��11 OFkTCE OF THS CITY ATTORNEY Jolm J. choi, Cityilnomey SAINT PAUL � AAAA CITY OF SAINT PAUT L�istopher B. Colem�, Mayor February &, 2008 cMrD��o� 400 GiryHaR IS WestKe77aggBTvd Sain1 Pau� hl"nmesoia SSIO2 NOTICE OF VIOLATION On December 18, 2007, you submitfed your Liquor Liability insurance to the Department of Safety and Inspections with a lapse in coverage from November 17, 2007 to November 30, 2007. When you sent in your renewal, you did not include the insurance. When a DSI staff person called your agent, she was fotd that you canceled your insurance because you believed you were not required to have liquor liability for Wine On-Sale and-Ma1t On-Sale (Strong) licenses. The A5I staff person then contacfed you to explain that you were required to carry liquor liability unless you were going to down grade your license to Malt On Sa1e-3.2. Yon stated that you did not want to do that and yon wonld have your agent send a new insurance certificate. The new insnrance company sent the certificate, but they stated they will not back date the cextificafe. This is a violation of Saint Paul Legislative Code §409.26 (b) (12), therefore the licensing office wilt recommend a 10-day closure of your establishment for failure to compiy with stahrtory and ordinance requirements for liability insurance. Owner/Mauager Snelling Cafe 638 Snelling Avenue North St. Pau1, MN 55104 TeTephone: 65I 26�8770 Facsimile: 65l 29&5679 RE: All licenses held by Snelling Gafe, Inc., dJbla Snelling Cafe for the premises located at 638 Snelling Avenue North in Saint Paul. License ID #: 20040G04952 Dear Sir/Madam: The Deparhuent of Safety and Inspecfions (DSn has recommended adverse acfion against all licenses held by Snelling Cafe, Inc., dlb/a Snelling Cafe for the premises located at 638 Sneiling Avenue North in Saint Paul. The basis £or the recommettdation is as follows: AA-ADA-EEO Employer �,. SneIliug Cafe February 8, 2008 Page 2 At this tune, you have three opfions on how to proceed: �.. �g'�� 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 sfatement admitting the facfs and requesting a public hearing. VJe will need to receive your letter by Monday, F'ebrnary 18, 2Q08. The matter will then be scheduled before the City Council for a public hearing to determiue whether to impose the 10-day closure. You witl have an opporCtmity to appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can requesE a hearing before an Admiuistrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-exaT„ine the other's witnesses. The St. Pau1 City Council will ultimately decide the case. If this is your choice, please advise me by Monday, February 18, 2008, and I will take the necessary steps to schedule the administrative hearing. If you no longer wish to do business in the City of Saint Paul, you may send a written statement to that effect to the Aeparqnent of Safety and Inspections at 8 Fourth Street East, 5uite 200, St. Paul, Miunesota 55101-1002 no later than Monday, February 18, 2008. Informaflon should be directed to the attention of Christine Rozek. I#'you have not contacted me by tl�at flate, I will assume that you do not contest the imposition of the 10-day closure of your establishment. 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, � a� I � Rachel Tierney Assistaut City Attorney cc: Christine Rozek, Deputy Director of DSI Afeworki Tekle Bein, 7065 Upper 157�' Street West, Apple Valley, MN 55124 Jun-Li Wang, Community Organizer, Hamliue Midway Coalition 1564 Lafond Avenue, St. Paul, MN 55104 L:\civiliKrauslFoxm A's\Vazious�20081Sne11ineCafelODav(;lnanre, dnr. STATE OF NIII�T�IESO'�� ' ) ss. COi.INTY OF RAMSEY } AP +IDAVI'T OF SE VICE BY U.S. MAII, b$�� Julie Kraus, being first duly swom, deposes and says that on the 8�' day of Pebruary, she served Yhe attached NOTICE OF VIOLATION by placing a irue and correct copy thereof in an envelope addressed as follows: Owner/Managex Snelling Cafe 638 Snelling Avenue North St. Paui, MN 55104 Afeworki Tekle Bein 7065 Upper 157�' Street West Apple Valley, MN 55124 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Paul, MN 55104 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Miiuiesota. Subscribed and sworn to before me this 8�' day February, 2008 / l�� i��.� � �tary Publie RITA M. BOSSARD NOTARY PUBLIC - MIN�IESOTA MY COMMISS ION EXPIRES JAN. 31, 2 0 1 0 Chapter 409. Intoxicating Li,rr�or'�` � Page 1 of 3 ( d$' �' Sec. 409.26. Intoxicating liquor; nonintoxicating malt tiquor; presumptive penalties. (a) Purpose. The purpose of this seclion is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to ali on-sale and off-safe licensed premises for both intoxicating liquor under this chapter and nonintoxicaEing liquor under Chapter 410. These penafties are pres�med to be approprfate for every case; fiowever the council may deviate therefrom fn an individua[ case where the council finds and determines that tfiere exist substantial and compelling reasons making it more appropriate to do so. When deviating from tfiese standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of ViolaYion (1) Commission of a felony related to the licensed activity, (2) Sale of alcohol beverages while license is under suspension. (3) Sale of alcoholic beverages to underage person. (4) Sale of alcoholic beverege to intoxicated person. (5) After hours sale of alcoholic beverages. (6) After hours display or consumption of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage. (i0) Failure to make application for Iicense renewal prior to license expiration date. (il) Sale oi inCoxicating liquor wher2 only license is for nonintoxicating liquor. (12) Failure to compiy with statutory, and ordinance requirements for liability insurance. Appearance lst 2nd 3rd Revocation NA NA Revocation NA Fne Fne Fne Fine Fine 6 Fine 4 S 15 Fine 6 Fine 4 Fine 6 Fine 6 4th NA NA NA Up to 18 Revocati Up to 18 Revocati 18 Revocati 12 Revocati Revocation NA 18 Revocati 12 Revocati � 10 Revocation NA NA Revocati For those violations which occur in on-sale intoxicating Iiquor establishments Iisted above in numbers (3), (4), (5), (6), (8), (9), (SO) and (11), which wouid be a first appearance not involving multiple violations, a fine shall be imposed according to the following schedule. For those vtolations which occur in on-sale intoxicating Iiquor establishments listed above in numbers (3) and (4), which would be a second appearance not invoiving multiple violations, the fine amounts set forth below shall be doubled. Seating capacity 0--149 . . . . $ 500.00 Seating capacity 150 and over ..�. . 1,000.00 For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (S), (6), (8), (9), (10) and (11), which would be a first appearance not involving multiple violations, a Fne shall be imposed according to the following schedule, based on the square footage of the retail area of the establishment. For those violations whicfi occur in off-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. 5,000 square feet or less ....$ 500.00 5,001 square feet or more .... 1,000.00 A licensee who would be making a first appearance before the council may elecE to pay the fine to the department of safety and inspections without an appearance before the council, unless Ehe notice of violation has indicated that a hearing is required because of circumstances which may warrent deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an "appearance" for the purpose of determini�g presumptive penalties for subsequent violations. (c) Mu(tiple violatio�s. At a licensee's first appearance before tfie city council, the council shall consider and act upon alI the violations that have been alleged and/or incorporated in the notices sent to the ticensee under the admmistrative procedures act up to and inciuding the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under tfie "l Appearance" column in Revocati http://www.ci.sipaul.mn,us/code/1c409.htm1 2/7/2008 6g�2'�� February 12, 2008 From: Afewarki Tekle Bein Owner Snelling Cafe 638 Snelling Ave. North Saint Paul, MN 55104 Phone (651) 644-1933 To: City of Saint Paul Department of Safety and Inspection (DSI� Rachii Tierney, Assistant City Attorney Saiat Paul. RE: Request for reversal of proposed acfion Dear Sir/Madam: I am writing this letter in reference to the letter entitled `Notice of Violation' and dated February 8, 2008. As stated in your letter, I fervently admit that, I have had a lapse period in the coverage of my liquor insurance coverage. Unforiunately, I would like to .�,, assure you that this incidence is a product of miscommunication and my " misunderstaxiding of the letter written to me regarding the renewal of my license, and the procedural requirements placed by the DSI. According to my understand'ang, , I honestly , thougkt that I did not need a liquor insurance coverage in so far as my liquor`§ales'are not in excess of 25% of rimy total sales. To my total bewilderment, however, I received latter, a calT frorri'qonr personnel explaining the mandatory requirement of having liquor insurance coverage. As expected, I duly bought the required insurance, but the insurer wouldn't allow me to cover the unwittingly lapsed period to November 17—despite my willingness to pay them the difference for the lap'sed period retroactively. As a person struggling to establish my new business, I am extremely alarmed by the proposed actiori underway calling for a`ten days closure' of my business. As one of your aanst�,iuents, I also s�ongly be3ie� e thai you're sufficienily cognizant of my grave concerns and.the immeasurable damages that taking such action may entail on my newly established business, my life, and the life of my children and strongly urge you to kindly reconsider my case, pardon me and reverse the proposed action. - .� r` Thank you in advance for your compassionate action and reassure you that I will remain diligent and make my self well informed to comply with all the necessary requirements in my future dealings with your office. �� '" ' RespectfuIly, Afeworki Tekle Bein Owner/Manager , Snelling Cafe ��=�� MRR-12-20�8(WE�) 11�25 d �� V ,� spar ignitlnq community developmeni CouncilmemlxrRuss Stark 3 i 0-D City I3aiF Saint Faul, VIN 55102 Councihncmber Stazk: P DO1/001 bs�a�� As the local community development corporation, Sparc works to s�engthen the North Snclling Avenue commercial corridor. It has comc to our attention that n local business, Snelling Cafe, may be faced with closure for 10 dAys due to failure to maintain Iiquor license insvraace. Sparc appeAls to the City Council to avoid a 10 day closeue of the business. SneIling CafB plays an important role in the local community. Since opcning four years ago, ttie cafe has had a positive impact on thc ncighbothood. Its owner, Afeworki Bein, has Snvested significant resources into creating a beau#iful, welcaming space, has carcd for the building, Fuzd has reacfled out to ncighborhood residents and Hamline Unrvers�ity studenEs. Mr. Bein expand�d into the space next door last yesr to gow the business and provide more roam For customers, and went above and beyond,to crcatc a wetl-lit, aiiractive expansion. He bas also worked Lo reduce crimc on Snelli�g�Avenue. t:.•:;a Thu cafE's primary role htss been as a coffee and tea shop where communit�-;�nembers <„ , meet rxtd converse. Lit�uor consumption Appears to be a minimal part of thc;,�"business. We know af no negative impact that the Caf�, its owner, or its clientele have h��n the 2' ra.ei borfiood. a � Y� �a,.�.4£. The caf� oannot afford to c3ose for 10 days. The CafE operates on matgin and eannot easily Absorb Io5ses;estimatcd by the owner at $3,000 •�if..x Bein is very concerned tUat thc cafe v�i�i;lose customers, who will think ti resiaurant has closed permanently. He^is,;also concerned that the closure � rcputation ofthe caf�. '€`��'m;;a (iPPa,?"'. , y�'; �;,,s Closure for 10 days putx the caf� at zisk:of permanefft closure. Th� r,� „ on thc nei�hborl�ood would include: a vacant�isfo�efront, the Ipss of a posi .:. , .;. �atherin�; .s'pot, fewer eyes on the street, risk to dlie'GafB's Iendcrs, and ri: Avenue's reputation �s a good p1AGe to shop and'�o;start a business. :t. '1:"�.:' T`hank you for considaraxion, �, a: :; s � :�:;:. (��'s>;`h�� ,� ;.,�. Allison Sharkey <'r,"' ; ; , , Program NTaaager, Spttrc �' , ;, ;;; . cc: NFary Erickson ' "';` : x�;;. Christine Rozek , �:� ;; < . . RACheI 'I'ierney , Hamline Midway � North Ena ��Sa�Fh cnm .;,i '; ''��j .... �'.o:.:r'.:� :. ... .. ... . . . o MainOftice 843 Rice StreeT , "Shcnt Pa41;�MN:551R •• ' � .. .."rc Hamllne Mldway Offlce 1564 Lafond Avenuc Saint Paui, MN 5S104 pxo$t 00. Mr. the Of �]1S uiunity 'Jing i Y ,>� . �;;3: ;-;: .�:`; . 657-480a039 tel 657•488-6309 faz www.sparGweb.org n. pg � ��I pY HAMLINE MIDWAY COALITION Hamline Purk Building � 1�6-f L�dond.4tienue. tiaini Paul. HS j510� � G51-GeG-1986 � Fa� Gil-Gfl-Gl?; � di,tricll 1 Crufact.ne� March 12, 2008 Councilmember Russ Stark 310-D City I3a11 15 ��v'est Kello�g Blvd. St. Paul, MN SS102 Subject: March 19 Public Hearing on Closure of Snelling Cafe. Dear Councilmember Stark: As you know, the Department of Safety & Inspections is recommendin� a 10-day closure of the Snelling Cafe because the owner, Afeworki Bein, submitted a]icense rene«�al widi a lapse in liquor ]iability coverage from November 17 — 30, 2007. The Hamline Midway Coalition (HMC) believes that DSI's recommended action is �uiduly harsh, �iven that this was an honest mistake caused by a miscommunication between the o�vner and City staf£ A 10-day closure could cause significant hann to the Snelling Cafe, «hich has been a solid and respectable business in the community for seceral years. Instead, HvIC recommends that the closure period be significantly reduced or eliminated altogether. If you have any questions about HMC's position on this matter, please concacc me at 65 ] -646-1986. Thank you for your time and consideration. Sincerely, � /�� ' 1 �� /�, t�n� �� - ti---� Mictiael Jon Olson Executive Director cc: Rachel Tiemey, Assistant City Attorney Christine Roaek, Deputy Director of DSI Mary Erickson, Council Secretary Uedicrrted to makirtg tl�e Haneliite tlidu a� neigl�borboorl rr better plrrce to !!re �utd u ork. , .,..,„ ,�.,,.,.�,�,