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08-31Council File # �p � J � Green Sheet #?� 0 y�'7 Q(p RESOLUTION OF SAINT PAUL, MINNESOTA Presented by �3 1 WF�REA.S, adverse action was taken agaznst the Wine On Sale and Malt On Sale (Strong) licenses 2 held by Zander, Inc., d(b!a Zander Cafe (License ID #19980000521) for the premises located at 523 Selby 3 Avenue in Saint Paul by Notice of Intent to Suspend Licenses dated December 6, 2007, alleging licensee 4 did not complete and return the required State Liquor Renewal form sent him by the Deparisnent of Safety S and Inspections; and 6 7 WI�REAS,licensee did not respond to the Notice of Intent to Suspend Licenses to contest the 8 allegation or submit the completed State Liquor Renewal form; and 10 I1 12 13 14 IS 16 17 18 19 20 WI�EREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to contest the allegation ar return the completed State Liquar Renewal form by December 17, 2007, that the matter would be placed on the consent agenda to unpose the recommended penalty; now, therefore, be it RESOLVED, that the Wine On Sale and Malt On Sale (Strong} licenses held by Zander, Inc., d/b/a Zander Cafe are hereby suspended. Bostrom Stark Thune Adopted by Council: Date J Adopuon Certified 6y uncil Secretary By; � t � Approv by yo •: Date � J`� (j� By: Requested by Depariment o£ � . � 1 ._,.:.... �.r � Form ved by j1�Attorney By: � Form A rov d b May fo � bmi 'on to Council By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gree� Sheet � OS-31 s� -� Cor�ct Person & Phone: Rachei Tiemey 266-8710 Doc Type: RESOLUTION E-DOCUmentRequired: Y Document Contact: Julie Kraus Corkact Phone: 26Fr8776 2o-�co� � Assign Number For Routing Order ToWI # of Signature Pages _(Clip Ail Locations for Signature) Green Sheet NO: 3047706 0 L of Safe & Ins ectioas 1 L of Safe & Ins ecROns De artmmt D'vecmr 2 ' Attorn�e � 3 a or`s Office Ms orlAssistant 4 onncil 5 ' Clerk Cti C7erk Approval of the attached xesolution to take adverse acrion against the Wine On Sale and Mait On Sale (Strong) licenses held by Zander, Inc, d/b/a Zander Cafe (License ID#19980000521) for the premises located at 523 Selby Avenue in Saint Paul. Planning Commission 1, Has this personffirm ever worked undera contrad for this department? CIB Commiriee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill �ot normally possessed by any current city empfoyee? Yes No 6cplain all yes answers on separate sheet and attach to green sheet In7tiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Licensee did not complete and return the required State Liquor Renewal form sent to him by the Deparhnent of Safery and Inspections. After nofificarion, licensee failed to respond to the Norice of In[ent to Suspend Licenses. Advanfages If Approved: License suspension Disadvantages If Approved: Disadvantages If Not Approved: 7ransaction: Funding Source: Financial Information: (Explain) AMivity Number: December 20, 2007 12:24 PM CosNRevenue Budgeted: Page 1 � ( C 11 1 Q� S1YLtV 1 CAVL Chrisdopher B. Colemrm, Mayor December 6, 2007 �` OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey �y �_ 7 Civi[Division 400 Ciry HaII IS YYestKeZZoggBlvd SaintPau7, M"mnesota SSIO2 Tetephone: 65I 26b-87I0 FacsimiZe: 657 298-5619 NOTICE OF INTENT TO SUSPEND LICENSES Owner/Mauager Zander Cafe 523 Selby Avenue St. Paul, MN SS1Q2 RE: Wine On Sa1e and Mait On Sa1e (Strong) licenses held by Zander, Inc., dlbla Zander Cafe for the premises located at 523 Selby Avenue in Saint Paul License ID #: 19980000521 Dear Sir or Madam: The Department of Safety and Inspections (DSI) has recommended suspension of the Wine On Sale and Ma1t On Sale (Strong) licenses held by Zander, Inc., d/b/a Zander Cafe for the premises located at 523 Selby Avenue in Saint Paul. The basis for the recommendation is as follows: On September 26, 2007, you were sent a T�6tD RE¢iJEST from the Department of Safety and Inspections requesting that you complete, sign and date the State Liquor Renewal Form they enclosed. You were given until October 10, 2007, to submit this information. As of today's date, the requested informafion has not been received. At tlus time, you haue three options on how to proceed: If you wish to continue to do business in the City of Saint Paul, you will need to submit the requested snformation to the Deparhnent o£ Safety and Inspections at 8 Foixrth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, December 17, 2067. Inforxnation should be directed to the attention of Christine Rozek. AA-ADA-EEO Employer Zander Cafe December 6, 2007 Page 2 (^ ( a��31 2. If you wish to admif the facts but contest the penalty, you may have a public hearing before the Sainf Paul Ciry Couucil, you will need to send me a letter with a sfatement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, December 17, 2007. T'he matter will then be scheduled before the City Council for a public hearing to detexmine whether to suspend your licenses. You will have an opportuuity to appeaz before the Council_and make a statement on your own behalf: If you no longer wish to do business in the City of Saint Paul, you may send a written statement to that effect to Department of Safety and Inspections, 8 Fourth Street East, Suite 200, St. Paul, Miuuesota 55101-1002 no later than Monday, December 17, 2007. Information 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 Wine On Sale and Malt On Sale (Strong) licenses. 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, �`��� � �� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Alexander Dixon, c!o P.O. Box 7336, St. Paul, MN 55107 AA-ADA-ESO Employer STATE OF MINNESO�` ` ) ss. COUNTY OF RAMSEY ) p$�3! Julie Kraus, being first duly sworn, deposes and says that on the 6"' day of December, she served the attached NOTICE OF INTENT TO SUSPEi�D LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Zander Cafe 523 Seiby Avenue St. Pau1, MN 55102 Alexander Dixon c/o P.O. Box 7336 St. Paul, MN 55107 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ` �� Julie Kraus Subscribed and sworn to before me this 6�' day of December, 2007 � �� i� i�`�?�2� y Public AFFIDAVIT OF S��_dICE BY II.S. 1VLATT, R1TA M. 805SARfl ApTARY PUBLIC- MINMESOTA MY COMMISSION EXPIRESJAN.31,20SD -