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08-558Council File # � �5 GreenSheet# ,�� 7S" RESOLUTION OF SAIN,T PAUL, MINNESOTA �O Presented by 1 WHEREAS, adverse action was taken against the Restaurant (A) 0-12 Seats license application 2 submitted by Maiseng M. Yang d/b/a Hmong Cafe (License ID #20060000156) for the premises located at 3 371 University Avenue in Saint Paul, by Norice of Intent to Deny License dated Apri123, 2008, alleging 4 licensee did not provide proof to legally entifle her to operate her business at that location; and 6 WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to contest the 7 allegations or provide the proof requested; and 8 9 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the 10 allegations or provide the proof requested by May 2, 2008, that the matter would be placed on the consent 11 agenda to impose the recommended penalty; now, therefore, be it 12 13 RESOLVED, that the Restaurant (A) 0-12 Seats license application submitted by Maiseng M. Yang 14 d/b/a Hmong Cafe is hereby denied. 15 Requested by Department oE ��1 BY- � A,d/e�lt�..¢ � � /�d2R...Q . Form roved by City Attomey By� �a,�.4 1 u Form A p ed y Ma o for iss' to Council By: Adopted by Council: Date �jf 2`a O�J --r � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6��5$ DepartmentlofficeJcouncil: Date initiated: $� - DeptofSafery&Iaspectioas 14MAY-08 Green Sheet NO: 3053751 Lonfact Person & Phone: RachelTiemey 266-8710 must se on 2�MAY-08 Doc. Type: RESOLUTION E-Dowment Required: Y Document Contact: Julie Kraus ConWct Phone: 266-8776 � I ueoarmient sem i o rerson � 0 toiSafeiv&Inspectious ASSign � 1 e GotSafe &Inspections DeosrmieptD'uector I Number 2 ' Attomey _ For — Routing 3 a or'sOffice I Mavor/Assistant � Order 4 auncil � 5 i Clerk Ct Clerk ToWI # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse action against the Restaurant (A) 0=12 Seats license application submitted by Maiseng M. Yang d/b/a Hmong Cafe (License ID#20060000156) for the premises located at 371 University Avenue in Saint Paul.., , iaanons: Npprove �vq or rce�ect �K�: rersonai sernce contrects must wnswer tne rouowing Ruestions: Planning Commission 5. Has ll�is persoNfirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person�rm 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 did not provide proof reques[ed to legally enfitle her to operate her business at that locarion. After notification, licensee did not respond to the Notice of Inten[ to Deny License. AdvantageslfApproved: License denial. Disadvanhages If Approved: None. DisadvanWges If NotApproved: Transac[ion: Funding Source: FinanciallnfiormaGon: (Explain) GostlRevenue Sudgeted: Activity Number. May 14, 2008 10:55 AM Page 1 � ( �-- OFFICE OF THE CITY ATTORNEY John J. Choi, CilyAttomey t` h �� 75 SA�NS PAU L � AA(1 CITY OF SAINT PAUL Christophe�6. Co/eman, Mayor Civi! Division 400 CifyHal! Telephone: 6512668710 lSWestKe!/ogg8lvd. Facsimile:651298-56�9 Saint Paul, Mrnnesota 55102 Apri123, 2008 NOTICE OF INTENT TO DENY LICENSE Maiseng M. Yang 861 Jessamine Avenue East St. Paul, MN 55106 RE: Restaurant (A) 0-12 Seats license application submitted by Maiseng M. Yang, dJb/a Hmong Cafe for the premises located at 371 University Avenue in Saint Paul License ID #20060000156 Dear Sir/Ma.claui: The Deparhnent of Safety and Inspecrions (DSn has recommended denial of the Restaurant (A) 0-12 Seats license application submitted by Maiseng M. Yang, d/b/a Hmong Cafe for the premises located at 371 University Avenue in Saint Paul. The basis for the recommendation is as follows: On March 10, 2006, the Deputy Director of DST spoke with the property owner of your establishment and was notified that you are not authorized to operate your business at 371 University Avenue. You cannot obtain a license without proof that you are legally entitled to operate your business at 371 University Avenue. As of today's date, that information has not been received. At this time you have tluee options on how to proceed: 1. If you wish admit the facts but contest the denial, you may have a public hearing before the Saint Paul City Council, you wili 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 Friday, May 2, 2008. The matter will then be scheduled befare the City Council for a public hearing to deteruiine whether to deny your license. You will have an opporhwity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer �- Maiseng M. Yang (Hmong Cafe} Apri123, 2008 Page 2 � �� 2. If you dispute the above facts, you can request a hearing before an Admiuistrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Friday, May Z, 2008, and I will take the necessary steps to schedule the aduiiuistrative hearing. You may withdraw your license applicaflon. Send a written statement to that effect to the Depaztment of Safety and Inspections, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, May 2, 2008. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing ta the Department of Safety and Inspections. If you ha�e not contacted me by that date, I will assume that you do not contest the denial of your license. In that case, the matter will be placed on the Council's Consent Agenda for approval of the denial. If you have any questions, feel free to call me at (651) 266-8710. Sincerely, I�� I � Rachel Tierney � Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI AA-ADA-EEO Employer STATE OF MINNESO'�^� I � ss. COUNTY OF RAMSEY ) �s -�58 Julie Kraus, being first duly sworn, deposes and says that on the 23� day of April, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a lrue and correct copy thereof in an envelope addressed as follows: Maiseng M. Yang 861 Jessauiiue Avenue East St. Paul, MN 55106 (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 23� day April, 2008 ��`�` "" - ! ' r U'�J� Notary Public AFFIDAVIT OF S�-�ICE BY U.S. MAIL RlTA AA. BOSSARD lD7ARY PUBLIC• MiNr�50TA MY COMM�SSION IXPIRESJAN.31,26+fi � . �,....,�,_�,-.,:,�