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08-762Counci! File # �Cg-7�p�- Green Sheet # n SS�,7 Q RESOLUTION aINT PAUL, MINNESOTA �j5' Presented by 1 WHEREAS, adverse action was initiated against all licenses held by Selam Restaurant, Tnc., d/b/a 2 Flamingo (License ID #20060003208) for the premises located at 490 Syndicate Street North in Saint Paul 3 by Notice of Violation dated May 27, 2008, alleging licensee sold wine and beer after liquor liability 4 insurance expired on February 21, 2008, in violation of Saint Paul Legislative Code §409.26(b)(12); and 6 WHEREAS, the licensee did respond to the Notice of Violation to request a public hearing which 7 was then scheduled for July 16, 20Q8; now, therefore, be it 9 RESOLVED, that all licenses held by Selam Restaurant, Inc., d/b/a Flamingo are hereby suspended 10 for ten days for selling wine and beer after liquor liability insurance expired on Pebruary 21, 2008. Said 11 suspension shall become effective at 12:01 a.m. on Wednesday, August 6, 2008, and last until 11:59 p.m. 12 Friday, August 15, 200$. 13 14 This resolution, and action taken above, is based upon facts contained in the May 27, 2008, Notice 15 of Violation sent to the licensee and the azguments made at the pul�lic heazing on July 16, 2Q08. Requested by Deparhnent of � � �a � BY /M1�F-� /T � ✓ ✓ � Adopted by Council: Date Adoprion Certified by Co cil Secretar�f By: � i � Approved ;[a ' r: Date ��`+�� °8� By: Fo roved by City Attomey �.— By. � �� Form prove Ma �r S issio � to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �8 -�!0 a' $� - Dept of Safery & Inspuuons Contad Person 8 Phone: Rachel Tiemey 266$710 mus� ite on 76-JU1-08 Uoc. Type: RESOLUTION E-Document Requiretl: Y DowmentConWck JulieKraus Contact phone: 266-8776 10.1UN-08 �► ; o Assign 1 Number 2 For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Locations for Sfgnature) Green Sheet NO: 3055270 � pt ofSafetv & Insnections 'ry Attoruey � a or's Office Ma adAssistant Foancil ,Cti'tv C7erk C5ri Clerk � Approval of the attached resolurion to take adverse acrion against all licenses held by Selam Restaurant, Inc., dJb/a Flamingo (License ID#20060003208) foG the premises located at 490 Syndicate Street North in Saint Paul. �aanons: approve (a) or hte]ect (K): Peisonai 5ervice GoMratts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No . Civil Service Commission 2. Has this persoNfirm 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 separate sheet antl atWCh to green sheet InitiaUng Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee sold wine and beer after liquor liabiliry insurance expired Febmary 21, 2008, in violarion of 5aint Paul Legislaqve Code Section 409.26(b)(12). After norification, licensee requested a public fieazing. Advantages If App�oved: 10-day closure of establishment. Disadvantages If Approved: None. Disadvantages I} Not Approved: Transaction: Funtling Source: Financial information: (Explain) Activity Number: CosURevenue Budgetetl: June 10, 200810:20 AM Page 1 OFFICE OF TE�'. CITY ATTORNEY John Choi, CityAttomey sa[xr PAUL � AAAA CITY OF SAINT PAUL Chdstopher8. Colemaq Mayor bS �7(� a- CivilDivision 400CifyHail Te/ephone:6512658710 �5WestKelloggBNd. Facsimrle:65>2g&5619 Sai�Pau(, Mrnnesota 55102 7une 13,2008 NO'ITCE OF COUNCIL HEARING Daniel Tsegai Fekadu Woldeabzghi c/o Flamingo 490 Syndicate Street North St. Paul, MN 55104 RE: All licenses held by Selaztt Restaurant, Inc, d/b/a Flamingo for the premises located at 490 Syndicate Street North in Saint Paul License ID #: 20060003208 Deaz Mr. Tsegai and Mr. Woldeabzghi: Please take notice that this matter has been set on the Public Hearing Agenda for tbe City Council meeting scheduled for Wednesday, July 16, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Councii for their consideration. This is an uncontested matter concerning the fact that on May 3, 2008, St. Paul Police found that you were selling wine and beer at your establishment after your liquor liability in surance expired on February 21, 2008 in violation of Saint Paul Legislafive Code §404.26(b)(12). T1us 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. If there is anv information vou would like Citv Council to review prior to the uublic hearin I will need to receive it no later than Mondav Julv 7 2008 Very huly yours, `�°�t"�. � `�,"� Rachel Tiemey Assistant CityAttomey cc: CIuistine Rozek, Deputy Director of DSI �J1�IaryErickson, Council Secretary Daniel Tsegai, 2371 Linwood Avenue East, Maplewood, MN 55119 Linda Winsor, Communiry Organizer, Hamline Midway Coalition 1564 Lafond Avenue, St. Paul, MN 55104-1832 AA-ADA-EEO Empioyer UNCONTESTED LICENSE MAT°I`ER Licensee Name: Address: Council Date: Violation: Date of Violation: Flamingo 490 Syndicate Street North St. Paul, MN 55104 Wednesday, July 16, 2008 @ 5:30 p.m. b�-�loa Selling wine and beer after egpiration of liquor liability insurance in violation of Saint Paul Legislative Code §409.26(b)(12). May 3, 2008 Recommendafion 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 5!7/08 3. 4. S. 6. 7. 8. Copy of letter from Kris Schweinler to licensee dated 4/30/08 Copy of electronic mail from Richard Jents to Christine Rozek dated 5/5/Q8 Copy of Saint Paul Police Department Original Offense/Incident Report dated 5/3/08 Copy of Notice of Violation and Affidavit of Service dated 5l27l08 Copy of letter from licensee requesting a public hearing dated 6/6/08 Saint Paul Legislafive Code §409.26(b)(12) d .iaY( - �4. :}s t' ::iY, ii� G: A.( tiI �R+;'� .a .1- ., ;- -� -<� =. _ - ___ _ __. •� -' � rs rj,... : ,� b�S �7Co�- �. �. , � - ��--=� �,.,.� �� 7 � '"� � ' __. . % N i w x � - d - 1 � Pr�p��a�� e�r Li�t�t��e �� '��[��,�T��` �� . Pr€�p+�� r L��ez��€� �� '��I��"��` �� i� CITY OF SAINT PAUL L3vistopher B. Coleman, Mayor ApriI30,2008 �" DEPARTMENT OF SAFE. . nND INSPECTIONS Bob Kusles, Director � . � COMMERCE BUTLDING 8 Fmuth SG E, Suite 200 Sairst Pnul. hfirsnesow 5�J0l-l024 Daniei Tsegai, President Setam Restaurant Inc. dba Flamingo 490 SyndicaYe Street North Saint Paul, MN 55104 Dear Mr. Tsegai: 68-'1 rna- Telephonc 651-266-9090 Faavnilc 65I-16�9724 Web: Nwwsipaul.gov/dsi It has come to our attention that the liquor liability insurance you aze required to have and keep in force while holding an On Sale Wine and On Sale Malt license in Saint Paul has expired effective Fabruary 21, 200& and the Department of Safety and Inspeciions has not received proof of replacement coverage which is required by Chapter 4Q9 of the 3aint Paul Legislafive Code. Please be advised ihat there s"ou13 be ro service of alcohol at 490 Syndicate St. Nos�tYz untiI this office receives a current liquor liability certificate effective February 21, 2008 and expiring February 21, 2009 with your license eicpiration date. If you have any questions, I am available at 651 266-9110 during regulaz business hours. Your replacement certificate can be faxed to 651 266-9040, attention Kris. Sincerety, � � -�----�_�._.-�`�--- ��' ` Kns Schweinler Senior License Inspector KS/Iab cc: Western District Commander, SPPD AA-ADA-EEO Employer P��lofl ( ( Christine Rozek - 490 N Syndicate dba Flamingo �� CP a' From: Richard ]ents To: Rozek, Christine Date: 5/5/2008 10:49 AM Subject: 49� N Syndicate dba Fiamingo On 4/30/O8 [aft] I stopped at 490 Syndicate and contacted the owner of record Daniel Tsegai. T told him that I was from the city licensing, I opened the letter and explained to Mr. Tsegai that his liquor liability insurance had expired and I advised him to not sell wine/malt until he submitted a certificate of insurance. I also had with me a delinquent invoice that stated that his license for wine/beer and restaurant expired and I wrote on the invoice that it must be paid by 5/7/08. I also told him that any partial payment must be approved by my o�ce and that the full amount was due 5/7/08-I then left the premises. file://C:1Documents and SettingslRozekchr\Local Settings\TemplXPgrpwise1481EE632mai1... 5/7/2008 '' - i Saint Paul Police Departme� Pa9e ' o � ORIGINAL OFFENSE / INCIDENT REPORT Q�-'7Ce�- Compfaint Number Reference CN Dafe and Time ot Report 08080025 05/03/2008 23:48:00 Primaryoflense: L��+ �, LIQUOR !AW-MISC LIQUOR VIOLATION p�ta Privacy kestrietions Apply , 1Vtittnesota Statute 13.82 arimaryttepomng otrcer. Kuchinka, Heafher M Primarysquad: �39 Secondary reporting o�cer. .approver. Kane, Patrick o;stricr. yyestem Site: A�est made: � Secondary offense: Narne oflocation/business: Cocation of incident 490 SYNDICATE ST N ST PAUL, MN 55104 Date & time of occunence: 05/03/2008 23:33:00 to 05/03/2008 23:33:00 Police Officer Assaulted or lnjured: Police O�cerAssisted Suicide: Cnme Scene Processed: OFFENSE DETAILS LIQUOR LAW-MISC LIQUOR VIO�ATION Attempt Only. Crfme Scene rype: Off ice%om me rcial Descriprion: gadnightclubkavern Appears to be Gang Related: Method & P oint of Entry � Force used.• Point of entry: Methad: Nid Inside: NO NAMES Suspect Tsegai, Daniet 2371 LINWOOD AV E KNOWN MAPLEWOOD, MN 55119 Nickname orA liases Nick Name: A!'ras: AKA First Name: Details sez Male Phones Home: work: 651-917-9332 Race: Black Hispanic: Cel1: Far. AKA Last Name: ooa: 05/12/1967 Age: 4p f�om ta ResidenfStatus: ContacF. Pager. SP954DESC260D3D '' ( Saint Paul Police Departmet Pa9e 2 of4 � ORIGINAL OFFENSE / INCIDENT REPORT ��-��-. Complaint Number Reference CN Date and Time of Report 08080025 05/03/2008 23:48:00 PrimaryoHense.• L�L`il �O2 LIQUOR LAW-MISC LIQUOR VfOLATION Data Privacy Restrictions AppIy Minnesota Statute 13.82 Employment - occupation: gAR OWNER employer. FLAMINGO ldent�cafion SSN: License or ID#: License State: Physical DescripSon US: Metric: Height: to Build: HairLengfh: HairColor. Weight to Skin: FacialHair. HairType: Teeth: Eye Color. Blood Type: Offeoder Informalion Airested: DUI: Condifion: Pursuit engaged: Resistance encountered: Taken to health care facility: Suspect Woldabzgi, Million Bede 1132 8 ST Apt 106 KNOWN MINNEAPOLIS, MN 55404 Nicknames or Afiasu Nick Narne: Alias: AKA Frrst Name: De f a i l s sez Male Phones Nome: work 651-917-9332 AKA Last Name: Race: B�ack Hispanic: Doe: 01 /01 /1971 Age: 37 from Viola[ed Restraining Order. Medical release obfained: to Resident Status: Cell.• Fax. Contact: Pager. Employment occupation: gqRTENDER Employer. FLAMINGO Identiftcation SSN: License or lD#: License State: SP954DESC260D3D � Saint Paul Police Departme�� Page 3 of 4 � � ORIGINAL OFFENSE / INCIDENT REPORT 6�-'7C� 2- Comp/aint Number Reference CN Date and Time of Report 08080025 05/03/2008 23:48:00 Primaryoffense: ��+� COPY LIQUOR LAW-MISC LIQUOR VIOLATION 13ata Privacy Restrictions Apply Minnesafa Statute 13.$Z Physical Descripffon " US: Mefric: Height to WeighF. to Teeth: Offender information Arrested: DUI: Condition: Build: Skin: Eye Color. Pursuit engaged: Resistance encountered: Taken to health care facility.• HairLength: Facial Hair. Blood Type: �olated Restraining Order. Medica! release obtained: Hair Co/o% Hair Type: SOLVABILITY FACTORS Suspect can be Identified.• Yes Photos Taken: Evidence Tumed In: Relatetl Incident By: police Stolen PropertyTraceable: Property Tumed In: La6 Biological Analysis: Fingerprints Taken: Narootic Analysis: Lab Comments: ftems Fingerprinfed: Participants: Person Type: Name: Address: Phone: Suspect Suspect Tsegai, Daniel Woldabzgi, Million Bede 2371 LINWOOD AV E MAPLEWOOD, MN 55719 1132 8 ST Apt 106 MINNEAPOLIS, MN 55404 NARRATIVE I, SQD 139 (KUCHINKA), was advised by Sgt Silis to check The Flamingo Bar at 490 N Syndicate as their liquor license was expired and they had failed to renew it. Upon arrivai, i spoke with the bartender, MILLION BEDE WOLDABZGI (DOB: 1-1-71, 1132 S 8TH ST #106 MPLS 55404, W/P: 851-917-9332j, who stated they were serving beer and wine tonight. I observed several patrons drinking beer on the premise. The bartender then got the owner, DANIEL TSEGAi (DOB: 5-12-67, 2371 LINWOOD AVE E MAPLEWOOD 55119, W/P: 651-917-9332), to come speak with me. I advised TSEGAI of fhe violation that tiiey were SP954DESC260D3D �� Saint Paul Police Departmef Page 4 of 4 ORIGINAL OFFENSE / INCIDENT REPORT 6�-?(.� �- Complaint Number Reference CN 08080025 Pnmary offense: LIQUOR LAW-MISC LIQUOR VIOLATION Date and Tme of Report ��P ��j�Y 05/03/2008 23:48:00 Data Privacy Restrictians Apply Niinnesota SkatuYe 13.82 committing. TSEGA( stated that they were toid they had one more week to renew and that they could still serve alcohoi. I observed the license they had posted which expired on 2-21-08. He then showed me the bili from the city with a hand-written note on the bottom that stated they had until 5-7-08 to pay. The note did not ciarify if they couid sell alcohol until 5-7-08 or if that was just an extension on the payment due date. He too advised that they had been serving beer and wine this evening. Per Sgt Sills, I advised them that they were to no longer serve alcohol until their license was renewed and paid. They both agreed. OFFICE DISTRIBUTION Code Enforcement PUBLIC NARRATIVE Liquor license violation by a business. SP954DESC260D3D � � � 2� OFFICE OF THE CITY ATTORNEY Jolm J. L7w; CityASOmey sw[xr PADL � AAAA CITY OF SAINT PAUL Clvistopher E. Colemms Mayrn May 27, 2008 c�r�on 400CityHaZ1 ISWestKeIIoggBlvd SaintPm� M"vmesofa 55702 NO'TICE OF VIOLAITON Owner/Manager Flanuugo 490 Syndicate Street North St. Paul, MN 55104 Te7ephone: 65I 266-87I0 Facrimile: 651298-5679 RE: All licenses held by Selam Restanrant, Inc. d/b!a Flamingo for the prexnises located at 490 Syndicate Street North in Saint Paul. License ID #: 20060003208 Deaz Sir/Madam: The Department of Safety and Inspections (DSn has reconnmended adverse action against all licenses held by Selam Restaurant, Inc. d/b/a Flamingo for the premises located at 490 Syndicate Street North'in Saint Pau1. The basis for the recommendation is as follows: On April 30, 2008, you were sent a letter from the Department of Safety and Inspections (DSn stating that your liquor liability insurance had espired effective February 21, 2008, and you can no longer serve wine and beer until a replacement insurance cerEiCcate for the coverage period of February 21, 2008 to February 21, 2009 was submitted to DSI. - On May 3, 2008, Saint Paul Police were instructed to stop by your establishment on a liquor compliance check and found that you were selliug wine and beer after your liquor liability insurance had expired (CN 08-080- 02�. Police spoke to you at that time regarding the eapired insurance, and yon told them that you were given one more week to renew and that you could still serve wine and beer. Yon then showed them the invoice from DSl you had uatil May 7, 2008 to pay the license fees and submit replacement insurance, but it made no mention of authorization for the sale of alcohol. Police then instrucfed you not to sell alcohol until you renewed your license paid the license fees. This is a violation of Saint Paul Legislative Code §404.26(b)(12), therefore the ficensing office will recommend a 10-day closure of your establishment for failure to comply with statutory and ordinance requirements for liability insurance. AA-ADA-EEO Employer (� Flamingo May 27, 2008 Page 2 At this time, you have three opfions on how to proceed: (.�S,�IP a" If you wish to admit the facFS but contest the penalfy, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admiiting the facts and requesting a public hearing. We will need to receive your letter by Friday, Jnne 6, 2008. The matter will then be scheduled befare the City Council for a public heariug to determine whether to impose the 10-day ciosute. You will have an oppori�uty to appear befoxe the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Adnunistrative Law 7udge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-�amine the other's witnesses. The S� Pau1 City Council will ultimately decide the case. If this is your choice, piease send me a letter by Friday, June 6, 2008, and I will take the necessary steps to schedule the aduunistrative hearing. If you no longer wish to do business in the Ciry of Saint Paul, you may send a written statement to that effect to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no laterthan Friday; June 6, 2008. Information should be directed to the attention of Christine Rozek. If you have not contacted me by that date, I will assnme that you do not contest the imposition of a 10-day closure of your establishment. Tn that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have questions abouY these options, please feel free to contact me at 266-8710. Sincerely, �� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Duector of DSI Daniel Tsegai, 2371 Linwood Avenue East, Maplewood, MN 55119 Linda VJinsor, Community Organizer, Hamline Midway Coalition 1564 Lafond Avenue, St. Paul, MN 55104-1832 (- L:\civil�Kravs�Form A's\Vazious\2008�FIamingol ODayClosure.doc STATE OF MINNESO'�%�� ) ss. COiTNTY OF RAMSEY ) (�g-�lea' 7ulie Kraus, being first duly sworn, deposes and says that on the 27�' day of May, she served the attached NOTTCE OF VIOLAT'ION by placing a true and cosect copy thereof in an envelope addressed as follows: Owner/Mauager Flamingo 490 Syndicate StreetNorth St. Paul, MN 55104 Daniel Tsegai 2371 Linwood Avenue East Maplewood, MN 55119 Linda VJinsor, Community Organizer Haznline Midway Coalition 1564 Lafond Avenue St. Paul, MN 55104-1832 (which is the last laiown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Mimiesota. 9 , 1� Julie Kraus Subscribed and swom to before me this 27�` day May, 2008 � � . �� Notary Public �—. AFFIDAVIT OF S�nVICE BY U.S. MAII, _ ..�....,_ � �� Y � � �r� � .,�,��' • � .., . . . . - �..�,,._,,.� --�; b6��ln � June 06 2008 ��fl To the office of city attorney 400 ��y n�i 15 west Kellogg blvd saint Paul mn 55102 Reachel Tierney Re Flamingo restaurant JliN 0 B 2008 C � i I d`11 !��FV� L We the owners of flainingo restaurant located at 490 syndicate st north Responded to the letter dated on may 27 2008 On the matter of liquor liability Insurance ,we regret what happen on may 03 2008 and we admit the insurance Did expired at the same time we thought we send the payment to the agent. We are very sorry about the inconvenience we cause to the city of saint paul And we would like to contest the penalty have a public hearing before the City council Thank you Sincerely Daniel tsegai �i��; � y� 1 � 0� Fekadu woldeabzghi �b ��' � � �� - � �� City of St. Paul, MN - Officiaz`Website - City Charter & Codes � Sec, 409.26. Infoxicating Iiquor; nonintoxicating mait liquor; presumptive penatties. Page 1 of 1 �� (a) Purpose. The purpose of this section is to esfablish a standard by which tfie city councii determines the leng� suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale licensed premises fior bc liquor under this chapter and noninto�cating liquor under Chapter 410. These penalties are presumed to be apF case; however the council may devlate therefrom in an individua! case where the council finds and dete�mines t substantial and compelling reasons making it more appropriate to do so. When deviating from these sfandards, provide written reasons fhat specify why the penalfy selected was more appropriate. (b) Presumptive penalties for vio/afions. Adverse penalties for convictions or viofations shail be presumed as foll specfied, numbers below indicafe consecutive days' suspension): (1) �2) (3) (4) (5) (6) ��) Type of volation Commission of a feiony related to the licensed activity. Sale of alcohol beverages while license is under suspension. Sale of alcoholic beverages to underage person. Sale of alcoholic beverage to intoxicated person. After hours sale of aicoholic beverages. After hours display or consumption of alcoholic beverage. Refusal to ailow city inspectors or poiice admission to inspect premises. Appearance 1st 2nd Revocation NA Revocation NA Fine Fine Fine Fine Fine 6 Fine 4 5 15 3rd NA NA Up to Up to 18 12 Revoc 18 12 (8) Illegal gambling on premises. Fine (9) Failure to take reasonable steps to stop person from leaving premises with Fine alcoholic beverage. (10) Failure to make application for license renewal prior to license expiration date. (11) Sale of intoxicating liquorwhere only Iicense is for nonintoxicating liquor. (12) Failure to comply with statutory, and ordinance requirements for liability insurance. htCp://ww�v. ci. stpaul.mn.us/web/CityCode/1c409.htm1 Fine 6 18 Fine 6 18 10 Revocation NA 5/23/2008