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08-618Council File # D�'��g Green Sheet # oS�f � y 3 RESOLUTION Presented by OF SAfNT PAUL, MINNESOTA �� 1 WIIEREAS, adverse action was initiated against the Restaurant (A) 0-12 Seats license application 2 submitted by Nou Vang d/b/a House of Bamboo & X-Spot (License ID#2007000 1 1 86) for the premises 3 located at 630 Pierce Butler Route in St. Paul by Notice of Intent to Deny License dated May 6, 2008 4 alleging licensee failed to submit required information to complete the application process; and 6 WHEREAS, licensee did not respond to the NoUce of Intent to Deny License to contest the 7 allegation or submit the required information; and 8 9 WIIEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the 10 allegation or submit the required information by May 16, 2008, that the matter would be placed on the 11 consent agenda to impose the recommended penalty; now, therefore, be it 12 13 RESOLVED, that the Restaurant (A) 0-12 Seats license application submitted by Nou Vang d/b/a 14 House of Bamboo & X-Spot is hereby denied. 15 16 17 Requested by Department oL Adoption Certified by Co cil Secretary BY� G'�l 7 d/I Approv y M y : D l(�c b l By: D� � BY� l�;Xd.�.��� ]� �ul�'st./ Form roved by City Attorney By: e�,�4.Ti,�.,,,,ti Form proved yl ayor fo s sio t Council By: Adopted by CounciL' Date 4�j��j3C1� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6tg'(A�$ SI — Deptof5afety&Inspectioas � 30.MAY-08 CoMact Person & Phone: Rachel Tiemey 266-8710 Must Be on Council Agenda by (Dal 11-JUN-08 CC1MA\M�' 0 Doc.Type: RESOLUTION E-Document Required: Y Document CoMact: Julie Kraus ConWCtPhone: 2668776 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3054843 0 �Dept ofSafeN & Inspections 1 e t of Safe & Ins ections De artmeM I)irector 2 ' Attorne 3 a or's Office MavoHAssistant 4 ouncil _ _ � 5 ' C7erk CS Clerk Approval of the attached resolution to take adverse action against the Restaurant (A) 0-12 Seats license applica6on submitted by Nou Vang d/b/a House of Bamboo & X-Spot (License ID#20070001186) for the premises located at 630 Pierce Butler Route in Saint Paui. iaauons: Hpprove �H� or n Planning Commission q6 Committee Civil Service Commission 1. Has this persoNfirm ever worked under a conVact for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personifirm possess a skiN not normafly possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet lnitiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit the required informafion to complete the applicarion process. After notification, licensee failed to respond to Norice af Intent to Deny License. AdvanWges If Approved: License Denial. Disadvantages If Approved: DisadvanWges If Not Approved: Transaction: Funding Source: Financial Information: (6cPlai�) Activity Number: CosURevenue Budgeted: May 30, 2008 3:09 PM Page 1 r � OFFICE OF Tf� CITY ATTORNEY John d Choi, CityABomey ����/n t) SASXS PAU L � MpAA CITY OF SAINT PAUL Christopher6. Co/eman, Mayor Civil Division 400 Cify Hal/ Telephone: 651266-8710 15 WestKeflogg 8/vd. Facsimile: 651 298-5619 SaintPaul, riLnnesota 55�02 May 6, 2008 NOTICE OF INTENT TO AENY LICENSE OwnerlMaua.ger House of Bamboo & X-Spot 630 Pierce Butler Route St. Pau1, MN 55104 RE: Restaurant (A) 0-12 Seats license appiication submitted by Nou Vang d/b/a House of Bamboo & X-Spot for the premises located at 630 Pierce Butler Route in Saint Paul License ID #20070001186 Dear SirlMadam: The Department of Safety and Inspections (DSn has recommended denial of the Restaurant (A) 0-12 Seats license application submitted by Nou Vang d/b/a House of Bamboo and X-Spot for the premises located at 630 Pierce Butler Route in Saint Paul. The basis for the recommendation is as follows: On February 25, 2008, you were sent a letter from the Department of Safety and Inspecfions (DSn stating that your license application had been pending since Apri125, 2007 and it would not be approved until the following information was submitted: 1) a copy of the executed(signed lease agreement or letter of permission from the landlord a7lowing this type of business operafion; 2) a Zoning inspecHon approval by Jeff Hawldns; 3) an inspecfion approval by the City of Saint Paul �re Marshall (Certificate of Occupancy) and 4) an inspection approval from the DSI Environmental Heaith Inspector, Abdi Museid. You were given until March 17, 2008 to submit the informafion or request a withdrawal of your license application. As of today's date, neither has been received. AA-ADA-EEO Employer House ofBamboo & X-S�_. May 6, 2008 Page 2 At this time you ha�e three options on how to proceed: � b� -r�tg 1. You can submit the requested information and approvals. If this is your choice, please send it to the Department of Safety and Inspections (DSn at 8 Fourth Street East, Suite 200, St. Paui, Minn esota 55101-1002 no later than bYiday, May 16, 2008. Information should be directed to the attenfion of Christine Rozek. Submission of the requested information and approvals will be considered to be a waiver of the hearing to which you aze enfi$ed. 2. If you wish adwit the facts but contest the denial, 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 will need to receive your lettez by Friday, May 16, 2008. The matter will then be scheduled before the City Council for a public hearing to detennine whether to deny your license. You will have an oppoitunity to appear before the Council and make a statement on your own behalf. 3. You may withdraw your license application. Send a written statement to that effect to the Department of Safety and Inspections, 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Friday, May 16, 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 to the Department of Safety and Inspections. If you have 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 Councii's Consent Agenda for approval of the denial. If you have any questions, feel free to call me at (651) 266-8710. Sincerely, �a�! � `� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy D'uector of DSI Nou Vang, 115 Cook Avenue West, St. Paul, MN 55117 AA-ADA-EEO Employer STATE OF MIIVNESOT� � � S5. COUNTY OF RAMSEY ) og-(�l8 Julie Kraus, being first duly sworn, deposes and says that on the 6�' day of May, she served the aitached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager House of Bamboo & X-Spot 630 Pierce Butler Route St. Paul, MN 55104 Nou Vang 115 Cook Avenue West St. Paul, MN 55117 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. n 1"i . � "�"�� Julie Kraus Subscribed and swom to before me this 6 day May, 2008 '�� .�_ ��� �ot Public � � NOTARY PIAIIC-M��A�S�TA MY COMM9sSiOM pCPIRES JAN. 31 , 20 1 0 AFFIDAVIT OF S� �ICE BY U.S. MAII.