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08-474Council File # � '7 Green Sheet #3Q�� 1� (� RESOLUTION 41NT PAUL, MINNESOTA �� Presented 1 WHEREAS, adverse action was taken against all licenses held by WHT, Inc., d/b/a American 2 Sports Cafe — Playground (License ID #19990006821) for the premises located at 2554 Como Avenue in 3 Saint Paul by Notice of Violation dated February 22, 2008, alleging licensee failed to correct numerous 4 food code violations documented in the November 6, 2007, restaurant inspecfion submitted by the 5 Environmental Health Division of DSI; and 6 7 VJHEREAS, licensee did respond to the Notice of Violation to contest the allegation, but failed to 8 submit a request for public hearing by the March 3, 2008 deadline; and 9 10 WIIEREAS, licensee did then respond to the Notice of Violation on April 10, 2008, to request a 11 public hearing which was then scheduled on May 7, 2008; now therefore be it, 12 13 14 15 16 17 18 19 RESOLVED, that a11 restaurant licenses held by WHT, Inc., d/b/a American Sports Cafe — Playground are hereby suspended until all the violations to the food code are corrected and inspected. Also, a matrix penalty of $500.00 is imposed for failure to correct numerous food code violations documented in the November 6, 2007, restaurant inspection submitted by the Environmenial Health Division of DSI. Payment of such penalty shali be made within thiriy days of the date of the adoption of this resolution. 20 This resolution, and action taken above, is based upon facts contained in the Februazy 22, 2008, 21 Notice of Violation sent to the licensee and the arguxnents made at the public hearing on May 7, 2008. 22 23 24 Requested by Depamnent o£ Adoption Certified by ouncil Secretary By: ' p Approve � yor: Date � 7�- (�� By: BY ' a !T /(.�'�4..{�P__� F b i ty Attorney l n (tin{u��. Form proved y i ayor fo bmis 'on to Council By: Adoptedby Council: Date ��f 7 ��jJfl � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �$``.I'1 �}' s, - �PL af Safety & I�aOns � ,&APR-08 CoMact Person 8 Phone: Rachel Tiemey 266-8710 07-MAY-08 Doc. Type: RESOLUTION E•Document Required: Y Document CoMact: Juiie Kraus Contact Phone: 266-8776 � Assign Humber For Routing Order Total # of Signature Pages _(Clip All Locations Por Signature) Green Sheet NO: 3052630 0 ept ofSaferi & Iospections i 1 C ofSafe & Ins ections De arhnent D'uector 2 ' Attorne 3 a or's O�ce Mayor/Assistant 4 ancil 5 ' Clerk City Clerk Approvat of the attached resolution to take advezse acrion against all licenses held by WFIT, Inc., d!b)a American Spores Cafe - Playground (License ID #199900006821) for the premises located at 2554 Como Avenue in Saint Paul. Planning Commission CIB Committee Civd Service Commission 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personffirtn ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city empbyee? Yes No F�cplain all yes answers on sepa2te sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to conect numerous food code violations documented in a November 6, 2007, restawant inspection report submitted by the Environmenta.l Health Division of DSI. After nofification, licensee eventually requested a public hearing. Advantages If Approved: $500.00 matrix penalty and suspension of restaurant licenses unril all food code violarions are cotrected and inspected. Disadvantages If Approved: None Disadvantages If Not Approved: 7ransaction: Funding Source: Financial l nformation: (Explain) CosURevenue Budgeted: Activity Number. April 18, 2008 2:27 PM Page 1 OFFICE OF THE CITY ATTORNEY John Choi, Ciry Anarney CITY OF SAINT PAUL Christopher B. Colemmb Mayar April 18, 2008 � S-� i� CivilDivLrion 400CityHaI1 Telephone:6512b6-87I0 ISYYestKeZloggBlvd Facsimile.'651298-5619 Sairst Paul, Minnesota 55702 NOTICE OF COUNCII. HEARING Steven Foss American Sport Cafe - Playground 2554 Como Avenue St. Paul, MN 55108 RE: All licenses held by WHT, Inc., d/b/a American Sport Cafe - Playground for the premises located at 2554 Como Avenue in Saint Paul License ID #: 19990006821 Dear Mr. Foss: Please take notice that this matter has been set on the Public Heazing Agenda for the City Council meeting scheduled for Wednesday, May 7, 2008, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Aall and Ramsey County Courthouse. Enclosed aze copies 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 you Failed to correct numerous serious food code violafions docunnented in the November 6, 2007, restaurant inspection report submitted by the Environmental Health Division of the Department of Safety and Tnspections. 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$500.00 matrix penalty and suspension of your restaurant licenses until all violations of the food code are corrected. If there is anv information vou would like Citv Council to review Qrior to thepublic hearine I will need to receive it no later than Mondav Apri129 2008 Very truly yows, �� Rachel Tierney � Assistant City Attorney ca Christine Rozek, Deputy Director of DSI �/Nlary Erickson, Council Secretary, 314 City Hall Steven Foss, 2140 Sarclay Street, #106, St. Paul, M1V 55109 Nina t�xelson, Community Organizer, St. Anthony Pazk Community Council 890 Cromwell Avenue, St. Paul, NIN 55114-1599 AA-ADA-EEO Employet UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Dates of Violation: American Sport Cafe - Playground 2554 Como Avenue St. Paul, MN 55108 Wednesday, May 7, 2008 @ 5:30 p.m. �v'�l'7 � Licensee failed to correct numerous serious food code violations documented in the November 6, 2007, restaurant inspection report submitted by the Environmental Health Division of the Department of Safety and Inspections. November 6, 2007 Recommendation of Assfstant City Attorney on behalf of client, Department of Safety and Inspections: $500.00 matrix penalty and suspension of restaurant licenses until all food code violations are corrected. Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 12/13J07 3. Copy of an email from Kim Carlton to William Gunther dated 11/14/07 4. Notice of Violation and Affidavit of Service dated 2122J08 6. Letter from licensee requesting a public hearing dated 4/10/08 7. Saint Paul I.egislative Code §314.05 (m) (1) dated 12/14/07 License Group Comments Text I ( 12/13@007 Licensee: yy�-�T WC fl$A� AMERICAN SPORT CAFE-PLAYGROUND License#: �9990006821 ��-l�� 12/07/2007 Received reports from EH indicating continued egregious violafions of the food code with I'ittle attempt to abate the violations. DSI recommends a$5�0 penalty for the viota6ons(316 matrix penalty for a first vio4ation) and urges the council to adopt a schedule of corrections. Faifure to make corrections according to the schedule will be an automatic license suspension (with proper due process notice to the licensee). To CAO for adverse action.CAR �0/�9/2007 Passed tobacco compliance check. RJ 07/27/2007 Passed tobacco compliance check. JWF 1 �/07/2006 $500.0o rwd for liquor sales violation. ES 70/25/2006 Notice of Volation from CAO for sale to underage. 5500 penalty. Given to 11/O6/2006 to respond. CAR 10/18/2006 To CAO for adverse aGion. CAR � 0/16/20065 CN 06214468 Failed alcohol compliance check conducted by SPPD. Counts as first failure after a waming has been issued. $500 matrix penalty. CAR 12/19/2005 Passed tobacco compliance check. MED 12/� 512005 Rcvd $8,000.00 for fine. AMW 11/30/2005 Mailed a copy of Fine/Hearing CosGs/ Conditions letter to Marlene Kjeslberg, AGED. LAB 11/18/2005 Mailed Fine/Hearing Costs/Conditions letter ($8,000.00 due 12/16/OS). LAB 11/16/2005 NOTE: THESE COND(TIONS ARE IMPOSED BY COUNCIL (MANDATOR�; TNEREFORE, A SIGNED CONDITION AFFlDAVIT IS NOT REC2UIRED, per CAR. Adopted Resolution - 05-1062 - Memoriafizing City Council action taken November 2, 2005 approving adverse actfon against all licenses held by WHT, Inc. d/b/a American Sport Cafe-Playground, 2554 Como Avenue. The licensee is hereby ordered to pay a fine of $2,000 within 30 days. Licensee is ordered to pay $6,000 as partiai costs of the AW hearing also to be paid within 30 days. The following conditions have also been imposed by City Council: 1. Licensee may not sponsor, advertise and /or host events for individuals under the age of riventy-one (21) such as "18 and up" nights, "college nights", "teen nights" or other such designations unless the events are held in a portion of the establishment where liquor, including 32 malt is not consumed, sold, ro served, except in compliance with 409.08(22). The licensee will be responsible for insuring that individuals under the age of twe�ty-one(27) who enter to attend such events can not gain access to an area where liquor is sold, served, permitted or consumed. Any advertisements in connection with such events must contain disclaimers that the events will be in an alcohol-free area of the establishment and that alcohol will not be sold or served to anyone under the age of hventy-one(21).; 2. All customers must be wanded or must walk through a metal detedor prior to entry. Weapons will not be permitted in the establishment.; 3. The business will have surveillance cameras both inside and outside the establishment, which will be monitored at all times by Licensee. Equipment will be maintained in good working condition and all trapes cvill be kept for at least seven (7) days. Tapes will be immediately available to the police and/or license inspectors upon request.; 4. The Warehouse will be closed to new customers a8er 1:OOam. Last call for alwhol will be no later than 130am.; 5. Every customer entering the establishment must have ID which will be checked prior to entry. Licensee is responsible for insuring that no individual under the age of twenty-one (21) is so(d, se�ved or furnished alcohol.; 6. The licensee is responsible for patron behavior on the licensed premises, including the parking lots, which affects the health, safety and welfare of the public.; 7. On nights when the club portion of the establishment is open the licensee will provide for staffing and monitoring of all unlocked untrances and exits during the hours of 9:OOpm until closing, it being the intent that at all times indirated at least one employee of the licensee will bephysically present at ihe unlocked entrances and exits to monitor patrons entering and exiting the estabtishment. This resolution and the action of the Council in this matter are based upon the exhibits, testimony and written submissions at the hearing before the ALJ, the Report of the ALJ, and the arguments presented to the Council at the public hearing on November 2, 2005. 10/03/2005 CAO sent Notice of Council Hearing on the report of the ALJ; scheduled for 5:30 p.m., Wednesday, Nov. 2, 2005. RS 04118/2005 CAO sent Notice of Administrative Hearing Continuance for Thurs., June 2, 2005 at 9:30 a.m. in City Hall Room 220 (Conference Rm 8). RS 03/22/2005 CAO sent Notice of Administrative Hearing Continuance for Fri., Apr. 15, 2005 at 9:30 a.m. in City Hall Room 42 (Basement). RS 02/25/2005 CAO sent Notice of Administrative Hearing Continuance for Fri., Mar. 18, 2005 at 9:30 a.m. in City Hall Room 42 (Basement). RS OZI09l2005 CAO sent Notice of Administrative Hearing Continuance for Thurs., Feb. 17, 2005 at 930 a.m. in City Hafi Room 40A (Basement Auditorium). RS 01/03/2005 CAO sent Notice of Rescheduled Administrative Hearing for Tues., Feb. 8, 2005 at 930 a.m. in room 220 (conf.rm. B), city hall. RS 11/12/2004 CAO sent letter in reply to Nov. 10 letter from licensee's attorney; it stated that case law points to the incidents (fighting, etc.) as being the responsibiliTy of liquor establishments and justifying adverse action based on the conduct of patrons;among conditions to be requested is that "18 & up" formats be discontinued; unless licensee is willing to accept responsibility for patron prolems and agree to a penalty and conditions, adverse action proceeding will continue. RS t t/10/2004 CAO received a letter from an attomey representing the licensee, which stated that the incidents referred to in CAO's Oct. 29th fetter to the licensee - re fighting, firearms, etc. - unfairly blamed the licensee for problems associated with society at large; it was suggested that the licensee's attorney meet with CAO to discuss changes requested of the licensee by the city; otherwise an ALJ hearing is requested. RS 10/29/2004 CAO sent Notice of Violation for numerous incidents of patrons fighting on the p�emises and the incidence of weapons found; recommend $2,000 fine 8 conditions on the license to address problems of fighting, firearms and other weapons and unruly patrons; deadline to respond is Nov. 12. RS 10/25/2004 Rec'd an amended reinstatement notice with an amended reinstatement date of 10/4/04. There is no longer a lapse in liquor liability coverage. LAB 1�/22l20o4 Police reports for the most recent year (12 months) forruarded to CAO for review for possible nuisance action based on the ficensee's inability to maintain order on the premises. LIEP recommends a$2000 fine and license conditions that would eliminate 18 and up nights and require a change in entertainment fomat (particularily Sunday nights) in an attempt to provide a safer, more orderly environment for patrons, staff, and police officers. CAR 10/15/2004 CAO sent Notice of Volati4n for allowing a lapse of liquor liability insurance; recommend 10.day suspension; deadline to respond is Oct. 25, 2D04. RS 10112/2004 To CAO for lapse in liquor liability. CAR 10/11/2004 CN 04-208816 to CAO for review.CAR 10/6l2004 Received reinstatement of liquor liability effective 1 �/6/�4 which leaves a 2-day lapse from 1 �!4/04 to 10l6/M. LAB 10/6/04 Hand tlelivered notice to discontinue sevice of liq. due to lack of Liq.Lia. took pict. of PBR bottle of beer in parking Iot.KS. 09/29/2004 CN 04-208816 indicating fights in bar parking lot. CAR 09/23/2004 Rec'd cancellation of liquor liability effective 10/4/2004. Sent cancellation letter. LAB 09/�5{2004 CN04�97562 to CAO fior review. CAR 09/14/2004 CN04t 97562 Stolen vehicle recovered in lot (carjacked in Milwaukee), weapons. CAR 09/13/2�04 Steve Parsons talked to PJ. They are not interesfed in eliminating 18 and up nights. CAR 09/07/2004 CN04189811 to CAO for review. CAR 09/04l2004 CN 04189811 Patron shot in parking bt. CAR 8/02/2004 Received reinstatement of liquor Iiability with no Iapse in coverage. LAB 07/29/2004 Rec'd cancellation of liquor liabilifij effective 8/3/2004. Sent cancellation letter. LAB 04/16l2004 Letter seM from CAO statina that based on licensee's exnlanation and on further review, there is no basis for adverse action and file wift be License Group Comments Text � Licensee: VyHT INC �BA� AMERICAN SPORT CAFE-pLAYGROUND License#: �ggg0006821 1 bg�u'1 � '1211312007 closed. CMK 04/15/2004 Passed tobacco compliance check. CMK 03/24/2004 Nofice of volation for not allowing a Police Officer to gain admittance to establishment. LIEP rewmmends a presumptive penalty of a 5-day closure. CMK. OZO?J2004 To CAO for possible adverse action. CAR 01/10/20�4 CN04006391 Report indicates that SPPD was not able to enter the bar because the door was locked and there was no response for requests for eMrance. CAR 11/07/2003 Rec'd reinstatement of liquor liability wdh no Iapse in coverage. LAB 7'I/07/2003 Did not receive reinstatement or replacement of liquor liability insurance. Gave Kris letter to hand del"rver advising no alcohol sales until current liquor fiability is received. LAB 10/29/2003 Rec'd cancellation of liquor liability effed'nre 11/OS/2003. Sent cancellation letter. LAB 70/07/2003 I called their agent regarding the reinstatement date of fheir liquor liability insurance. The agent stated the 10f3/03 date was incorrect and it should be �0/2/03 with no lapse in coverage. She faced me a corrected reinstatement notice. LAB 10/06/2003 Rec'd reinstatement of liquor liability effective 10/03/2003 which would leave a 1-day lapse in coverage. LAB 09/24/2003 Rec'd qncellation of liquor liability effective 10/02/2003. Sent rancellation letter. LAB 09/18/20D3 Rec'd reinstatement of liquor liability wRh no lapse in coverege. LAB 09/11/2003 Rec'd cancellation of liquor liability effective 9/18/2003. Sent rancellation letter. LAB 09/03/2003 Sent congratulations Ietter for passing alcohol compliance check. CMK 08/27/2003 Passed DPS Compliance Check conducted by LIEP & S (� � �g -�� a W LL. 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I�1 3 dya�� t�F :. s a �f.a °�5�fl�Re��IY"�'A�� 1 �y �� 1 iY� � � � � ` se- � i # � Page 1 of 3 �� 0� �� Rachel Tierney - 2 Como Avenue - American Sports Cafe From: IGm Cariton To: Gunther, Wiliiam Date: il/14/2007 3:34 PM Subject: 2554 Como Avenue - American Sports Cafe The American Sports Cafe at 2554 Como Avenue is in deplorable condition, and it has been this way for as long as I have been inspecting it (since 2005). Looldng through the establishment's history, it seems that condirions ha�e always been quite bad, as evidenced by the large number of violations per inspection, and the number of repeat violations at those inspections. Their most recent inspection {November 6, 2007) resulted in 20 non-critical violations and nine criticai violarions. Sixteen of the non-criticals were repeat violations, as were seven of the criticals. Many of the items were the third, fourth, and fifth notice for those particular violations. Of particular concern is the ]ack of maintenance on the plumbing fixtures and the dangerous conditions seen in the exhaust hood over the cooking equipment. The dishwasher discharges the dirty wash water directly onto the floor, and because the spray sink does not have an attached waste line, it discharges water onto the floor beneath it. I had written them up for these violations twice before, on October 17, 2006 and on May 23, 2007. The risk of a fire in this establishment is huge; they had stuffed paper towels into the fire suppression system in arder to "soak up" the excess grease that was collecting on the filters, and subsequently dripping back down onto the cooking surfaces (including a broiler with an open flame). Other violarions include lack of a Certified Food Manager, evidence of a fruit fly and mouse infestation, non-working equipment, heavily soiled surfaces, improper sanitizing, walls and floors in disrepair, as well as many others. Management Reviews were held with the owner of this establishxnent twice in the past; on January 16, 2003 and May 5, 2004. The large number of violations that continue to be seen during inspections implies that the owner and/or management of trus zestaurant do not care about maintaining their establishment or complying with the law. A brief history of inspections and violarions follows. Full inspection reports aze available in Amanda. September 22, 2000 — Pull inspection in response to a complaint. 26 Non-Crirical (10 repeat) 3 Critical (2 repeat) February 21, 2001 — Partial inspection after remodeling due to a fire. 10 Non-Critical (8 repeat) 1 Critical (repeat) September 28, 2001— Full inspection 23 Non-Critical (5 repeat) 4 Critical(1 repeat) October 14, 2002 — Full Inspection 37 Non-Critical (14 repeat) file://C:�Documents and Settings\tierney�I,ocal Settings\Temp�gcpwise\4742AB1Cmai... 11f20(2007 �- �, Page 2 of 3 6 Critical (3 repeat) December 18, 2002 - Partial inspection 4 Non-Crirical (new) 1 Critical (new) (43 Unaddressed) o�-�r��l 7anuary 16, 2003 - Management Review (letter to owner & manager in file with this date) No documentarion found in Amanda or hard file about the actual management review. October 10, 2003 - Partial inspection in response to a complaint (Nightclub not inspected) 17 Non-Critical (10 repeat) 7 Critical (3 repeat) (9 Unable to Review) Apri123, 2004 - Full inspection (Nightclub not inspected) 21 Non-Critical (8 repeat) 8 Critical (4 repeat) (9 Unable to Review) May 5, 2004 - In-Office Management Review Agreed on compliance dates for 13 items. June 16, 2005 - Full Inspection 16 Non-Critical (6 repeat) 6 Critical (1 repeat) March 14, 2006 - Partial Inspection in response to a complaint 2 Critical (new) (22 Unaddressed) October 17, 2006 - Full Inspection (Nightclub not inspected - closed due to water damage) 26 Non-Critical (I1 repeat) 9 Critical (6 repeaY) (4 Unable to Revievn) May 23, 3007 - Partial Inspection in response to a complaint Complaint verified November 6, 2007 (Nightclub not inspected - not open for business) 20 Non-Critical (16 repeat) 9 CYitical (7 repeat) (3 Unable to Review) November 14, 2007 A complaint was received via phone. The caller stated that the condifions in the facility are disgusting. The kitchen, bar, and women's restroom are in terrible condition as well as being unsanitary. Based on the 11/6/07 inspection, the complaint was logged into Amanda as "verified," but another inspection was not done. Kim Carlton file://C:�Documents and Settings\tierney�I.ocal Settings\Temp\XPgrpwise�4742AB1Cmai... ll/20/2007 �- Page 3 of 3 � Environmental Health Specialist II City of St Paul - LIEP phone 651-266-9127 fas 651-266-9040 b�� file://C:�Documents and Settings\fierney�L,ocal Settings\Temp�grpwise\4742AB1Cmai... 11/20/2007 r �. I _ oF�TCE o� � crr�z arro�Y .IoFm .7 Choi, Ciry�lttorney � l � � CITY O�' St1INT PAUL CTvirtophe> B. Colemmi, Mayor Civil Division 400 City Ha71 IS Pr'estlfetloggBtvd SaintPaul, iL1"vmesota 55102 Telephone: 651266-87I0 Factvnile: 631298-3619 February 22, 2008 Owner/Manager American Sport Cafe - Playground 2554 Como Avenue St. Paul, MN 55108 NOTICE OF VIOLATION RE: Al] licenses held by WI�'P, Inc., d/b/a American Sport Cat'e - Playground for the premises located at 2554 Como Avenue in Saint Paul License ID #:19990006821 Dear Sir/Madam: The Department of Safety and Inspections will recominend adverse action against the all licenses held by WI�T, Inc., d/b/a American Sport Cafe - Playground for the premises located at 2554 Como Avenue in Saint Paul. The bas3s for the recommendafion 3s as follows: On November 6, 2007, a Restaurant Inspection was performed at your establishment by Environmental Health division of the Department of SafeTy and Inspections. At that time they found twenty (20) non-critical and nine (9) critical violations. Sixteen (1� of the twenty (20) non-crifical violations were repeat violations and seven (� of the nine (4) eritical violations were repeat violations. k'or e�mple, the inspector noted concem with the lack of maintenance on the plumbing fiatures and dangerous conditions in the eshaust hood over the cooking equipment The disfiwasher discharges the dirly wash water direcdy onto the floor and because the spray sink does not have an attached waste line, it discharges water onto the floor beneath it The inspector believed the risk of fire at your establishment was high because you stuffed paper towels into the fire snppression system in order to soak up the escess grease that was collecting on fhe filters. Other violations noted inclnde: a lack of a Cer[ified Food Manager, evidence of fruit fly and mouse infestation, non-worl�ng equipment, heavily soiled snrfaces, improper sanitizing and walls and floors in disrepair. The complete list of violations is confained in the November 6, 2007 inspection report. According to DSI records, Management Reviews were held with you twice in the past. The large number of violations that continue to be seen during inspections implies that you are not maintaining the establishmenf in compliance with the law. AA-ADA-EEO Employer American Sports Cafe - Pla} �und � � February 22, 200$ �g ' �� Page 2 Therefore, as per Saint Paul Legislative Code §310.05 (m)(2), the licensing office will recommend a $500.00 mairiY penalty and suspension of your food licenses until all the violations have been corrected. At this time, you have tluee options on how to proceed: 1. You can pay the recommended $500.00 penalty. If this is your choice, please send the payment to the Depariment of 3afety and Inspections (DS� at 8 Fourth Street East, Suite 200, St. Paul, Minn esota 55101-1002 no later than Monday March 3, 2008. Payment should be directed to the attenfion of Chris[ine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the penalty will be considered a waiver of the hearing to which you aze entitled. You may contact Kimberlv Carlton at (6511266-9Q90 to schedule an inspection to verify that all of the violarions have been corrected. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing befare 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 wIll need to receive your letter by Monday, March 3, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the penalty and license suspensions. You will have an opportunity to appear 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 Administrative Law 3udge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine each other's wi*�esses. The St. Paul City Council will ultiznately deci@e the case. If this is your choice, please advise me no later than Monday, March 3, 2008, and I will take the necessary steps to schedule the administrative heating. Tf you have not contacted me by that date, I cvill assume that you are not contesting the imposition of the $500 penalty and suspension ot your food licenses. In that case, the matter will be placed on the Councii's Cunsenf Agenda for approval oi the recommended penaliy. IPyou have questions about these options, please feel free to contact me at 266-8710. Sincerely, � � �ti� Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of ASI Steven Foss, 2140 Barclay Street, #106, St. Paul, MN 55109 Nina Axelson, Community Organizer, St. Anthony Park Community Council 890 Cromwell Avenue, St. Paul, NIN 55114-1599 AA-ADA-EEO Empinyer STATE OF MINNESOT'�? � l ss. COUNT`Y OF RAMSEY ) �� 7ulie Kraus, being first duly sworn, deposes aud says that on the 22nd day of February, she served the attached N07TCE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager American Sport Cafe - Playground 2554 Como Avenue St. Paul, MN 55108 Steven Foss 2140 Barclay Street, #106 St. Paul, MN 55109 Nina �elson, Coxntnunity Organizer St. Anthony Pazk Community Council 890 Cromwell Avenue St. Paul, MN 55114-1599 (which is the last laiown address of said person) deposifing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �J.�-/ �CJ.J�+u�v 7ulie Kraus Subscribed and sworn to before me this 22° day of February, 2008 ,�,� ;�j�� t�� AFFIDAVIT OF S� TICE BY U.S. MAIL RITA M. BOSSARD ttljhky pUBLIC-MlNt�SOTA MY COMNRSSION IXPIRES JAN. 31. 2 01 0 a�� April, 10, 2008 I,ee Aadahl American Sports Cafe 2554 Como Ave St. Paul, Mn. 55108 651-247-4539 License ID # 19990006821 �� .., APq ��. ` Rachel Tiemey Assistaut City Attomey St. Paul, Mn. Deaz Ms. Tiemey, I talked to your assistant, 7ulie, ott March 3, 2008 about the health violations at the American Sports Cafe. Dnring our conversation I requested a public hearing, option two. Is that hearing still set up for April 16, 2008, or have I not responded properly. I haue been involved in t}us place since around Mazch l and took over day to day management on April 1, 2008. You can contact me at the restaurant or my cell. 651-247-4539. Thank you. C- . � /� ��'1/' .,.. Chapter 310. Uniform LicenPe Procedures Page 1 of 1 ( � b��l'I � (I) Imposition offines. The council may impose a fine upon any licensee or license applicant as an adverse Iicense action. A fine may be in such amount as the counciV deems reasonable and appropriate, having in mind the regulatory and enforceme�t purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legislative Code provides for the imposition of a fine, both provisions shall be read together to the extent possible; provided, however, that in the case of any conflict or inconsistency, the other prov+sion shatl be controlling. (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to a{I ficense types, except that in the case of a vioiation involving a Iiquor license § 409.Z6 shall apply where a specific violation is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individuat case where tfie council finds and determi�es that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the peaafty selected was more approQriate. Type of Violation Appearance lst Znd 3rd 4th (1) Violations of conditions placed on the license $500.00 fine $1,000.00 $2,000.00 fine and 10- Revocati fine day suspension (2) Violation of provisio�s of the legisfative code $50�.�� fine relating to the licensed activity (3) Failure to permit entrance or inspection by S-day LIEP inspector or police suspension (4) Commission of a crime o[her than a felony on $700.00 the premises by a licensee or employee (5) Commission of a felony on the premises by a$2,000.00 licensee or employee (6) Death or great bodily harm in establishment 30-day related to violation of law or license conditions suspenslon (7) Failure to pay license 4ees Revocation $1,��.00 fine SO-day suspen5ion $1,500.00 Revocation 60-day suspension $2,000.0� fine and 10- Revocati day suspension 15-day 5uspension 5-day suspension nja Revocation Revocati Revocati nja n/a (i) Fines payab/e without hearing. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the department without a council hearing, unfess the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. http://www.cistpaul.mn.us/code/ic310.html 12/14/2007