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08-87CITY Presented by Council File # b�'g7 Green Sheet # � p� RESOLUTION ��- 41NT PAUL, MfNNESOTA 3 WFIEREAS, adverse action was taken against the Gas Station; Cigarette/Tobacco and Retail Fd 4(B) — Grocery 101-1000 sq. ft license applications submitted by Andy Hamline BP, Inc., d/b/a Andy 5 Hamline BP (License ID #20070004781) for the premises located at 1347 University Avenue in Saint Paul, 6 by Notice of Intent to Deny Licenses dated Januaty 10, 2008, alleging Iicensee was not a good candidate 7 for a new license due to the fact that he had two adverse actions filed against him for violations of license 8 conditions in 2007 and two adverse actions filed against him for tobacco compliance failures in 2005 at his 9 current licensed location at 374 Lexington Parkway North in Saint Paul; and 10 I 1 WHEREAS, the licensee did respond to the Notice of Intent to Deny Licenses to contest the 12 allegations; and 13 14 WHEREAS, the Notice of Jntent to Deny Licenses staxed that if the licensee failed to contest the 15 allegations by Januazy 21, 20�8, that the matter would be placed on the consent agenda to impose the 16 recommended penalty; now, therefore, be it 17 18 RESOLVED, that the Gas Station; CigarettelTobacco and Retail Fd (B) — Grocery 101-1000 sq. ft 19 license applicafions submitted by E1ndy Hamline BP, Inc., d/b/a Andy Hamline BP are hereby denied. 20 Bostrom Carter Harris Adopted by Council: Date � � � Adoption Certified by Cpuncil Secretary S � ` -�. Approve fy r: Date � BY: � ��IGf'iLa��—. � Requested by Deparnnent of: �� s • , Fonn Ap.$roved by City Attorney �°;— BY� � r r'.�n, �� i fu Yia,✓i Form ro e by�tA � orfor ub ion ouncil By: �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet b�'-g'� Deparhnentloffice/council: Date Initiated: S , -�,,tof��&,��o� 2SJAN-08 ` Green Sheet NO: 3049210 CoMSCt Person & Phone: Rachel Tiemey 2668710 06-FEB-0B Doc. Type: RESOLUTION E-DOCUment Required: Y DocumeM Contact: .iulie Kraus Contact Phone: 266-8776 � � �r�a,w„�... . .�. �.��.. 0 � e t of Safe & Ins ectlons I Assign I I eot of Safety & Iaspecdons Deoartnent D"vector � Num6er Z � Anorne For Routing 3 a or's Ofiice Ma odAssistant Order q ouncH 5 ' Cterk G5 Clerk ToGI # of Signature Pages _(Clip All Locations for Signature) � Approval�of the attached tesolution to take advetse action against the Gas Starion; CigazettelTobacco and Retail Fd (B) - Grocery 101-1000 sq ft license apptications suhmitted by Andy Hamline BP, Tnc, d/b/a Andy Hamline BP (License ID#20070004781) for the premises located at 1347 University Avenue in Saint Paul. �dations: Approve (n) or tt Pla�ning Commission CIB Committee Civil Service Commission 1. Has tfiis person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfinn possess a skill not normally possessed by any curtent city employee� Yes No Explain all yes answers on separate sheet and attach to green sheet Iniiiating Problem, issues, Opportunity (Who, What, When, Where, Why); Licensee was not considered a good candidate for a new license based on the fac[ that he has two previous adverse actions filed against hun for license condition violarions in 2007 and two other adverse actions filed against him foz tobacco compliance failures in 2005 at his current licensed location at 374 Le�ngton Pazkway North in Saint Paul. Advantages IfApproved: License denial. DisadVantages lf Approved: Disadvantages If Not Approved: Transaction: Funding Source: Fnancial Information: (F�cplain) CosURevenue Budgeted: Activity Number: January 25, 2008 11:52 AM Page 1 (^ �_. OFFICE OF TF�E CITY ATTORNEY John J Choi, CityAltomey D8-f� CITY OF SAINT PAUL c�v:rD;�,s,on ChristopherB.Coleman,Mayor 400CityHall Telephone:657266�7I0 IST"JestlfeIIoggBlvd Faarim3le:657298-5679 SaintPavl, Minnesota 55102 i January 10, 2008 NOTICE OF INTENT TO DENY LICENSES Owner/Manager Andy Hamline BP 1347 Univetsity Avenue West St. Pau1, MN 55104 RE: Gas Station; Cigarette/Tobacco and Retail Fd (B) - Grocery 101 - 1000 sq. ft. license applications submitted by Andy Hamline BP, Inc., d/b/a Andy Hainliue BP for the premises located at 1347 University Avenue in Saint Paul LicenseID # 20070004781 I� - , /i/ . � ,_u The Department of Safety and Inspections (DSn has recommended denial of the Gas Station; Cigarette/Tobacco and Retail Fd (B)-- Grocery 101 - 1000 sq. ft. license applications submitted by Andy Hamline BP, Inc., d/b/a Andy Hamluie BP for the premises located at 1347 University Avenue in Saint Paul. The basis for the recommendafion is as follows: On November 20, 2007, you submitted an application to obtain the following licenses: Gas Stafion; CigarettelTobacco and Retail Fd (B) - Grocery 101 - 1000 sq, ft. Upon further review of the applicatiori, it was discovered that you currently hold licenses at the Tony's Amoco, Inc. located at 374 LegingEon Avenue. Reviewing the history of the licensed location at 374 Lexington Avenue, shows that you have had two (2) adverse actions for violations of your license conditions on August 13, 2007 and October 8, 2007 and two (2) adverse actions for the sale of tobacco to a minor on October 7, 2005 and November 9, 2005. B'ased on this 3nformafion, the licensing office will recommend license denial per Saint Paul Legislative Code §310.06 ( c) which states: TRe licensee o� applicant (or anyperson whose conduct may by Zaw be imputed to the Zicensee or applicant) has engaged in or permitted a pattern or practice of conduct of failur^e to comply with Zaws r'easonably related to the Zicensed activity or from which an inference of lack of�tness or good characteN may be drawn". AA-ADA-EEO Employer ( Andy Hamline BP 7anuary 10, 2008 Page 2 At this time you have three options on how to proceed: �$ �g� If you wish a.dmit 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 letter by Monday, 3anuary 21, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to deny your licenses. You will ha�e an opporCunity to �appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Aduiiuisirative Law Judge. At that hearing both you and the City will be able to appear and present w%tnesses, evidence and cross-exa.mine the other's witnesses. The St. Paul City Council will ultixnately decide the case. If this is your choice, please advise me by Monday, January 21, 2008, and I will take the necessary steps to schedule the administrative hearing. 3. You may withdraw your license applications. Send a written statement to that effect to the Department of Safety and Inspections, 8 Fourth Street East, Suite 200, St. Paul, Nliimesota 55101-1002 no later than Monday, January 21, 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 licenses. 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 ca11 me or haue your attotney call me at (651) 266-8710. Sincerely, `Z� �� Rachel Tierney Assistant City Attorney cc: Chrisfine Rozek, Deputy Airector of LIEP Anton Maarouf, 12779 Eden Broke Path, Apple Valley, MN 55124 Linda Winsor, Community Orgaxuzer, Hamline Nlidway Coalition 1564 Lafond Avenue, St. Paul, MN 55104-1832 r _, AA-ADA-E&O Employer Chapter 310. Uniform Licens� ?'rocedures Page 1 of 1 � �$ �7 Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions. (a) Council may take adverse action. The council is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse actions against entertainment licenses issued under chapter 411 of the LegiSlative Code may be initiated for tfie reasons set forth in subsection (bJ below, or upon any Iawful grounds which are communicated to the Iicense holder in writing prior to Yhe hearing before the council. Such actions shall be initiated and carried ouC in accordance with the procedures outlined in section 310.05; provided, however, that Ehe formal noEice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the fo4lowing reasons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by misrepresentation of material facts, fraud, deceit or bad faith. (2) The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the zoning code, or the premises which are licensed or which are to be licensed do not comply with appiicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in violation of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license. (6) a. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; b. The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes chapter 364; or � The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or app{icant) has engaged in or permitted a pattern or pracYice of wnduct of failure to compty w{th laws reasonably related to the �icensed activity or from which an inference of Iack of fitness or good character may be drawn. (7) The activities of the licensee in the ticensed activity created or have created a serious danger to the public health, safety or welfare, or the licensee performs or has performed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public. http://www.cistpaul.mn.us/code/1c310.htrn1 1/9/2008 STATE OF MINNESOT� � ss. COUNTY OF RAMSEY ) . I'. : Julie Kraus, being first duly sworn, deposes and says that on the 10`� day of January, she served the attached NOTICE OF INTENT TO DENY LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Andy Hamline BP 1347 University Avenue West St. Paul, NIlV 55104 Anton Maarouf 12779 Eden Broke Path Apple Valley, MN 55124 Linda Winsor, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Pau1, MN 55104-1832 (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 10"' day of 3anuary, 2008 �� ��. ���� No`��"� b i� RITA M. SOSSARD � µY COMMISS�pN �CPiRES lAN.31, 201 0 AFFIDAVIT OF S�_ 7ICE BY U.S. I�IAII.