08-947Council File # �� Q
Green Sheet # �[}�" 3 � r]
RESOLUTION
by
1 WIiEREAS, adverse action was taken against the Liquor-Outdoor Service Area (Sidewalk) license
2 application submitted by 5elam Restauraut, Inc., d/b/a Flamingo (License ID #20060003208) for the
3 premises located at 490 Syndicate Street North in the Saint Paul, by Notice of Intent to Deny License dated
4 July 11, 2008, alleging the petition information submitted by tt�e licensee was insufficient to complete the
5 application process; and
6
7 WIIEREAS, licensee did not respond to the Notice of Intent to Deny License to contest the
8 allegation or submit the required petition information; and
9
10 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
11 allegation or submit the required petition information by July 21, 2008, that the matter would be placed on
12 the consent agenda to impose the recommended penalty; now, therefore, be it
13
14 RESOLVED, that the Liquor-Outdoor Service Area (Sidewalk) license application submitted by
15 Selam Restaurant, Inc. d/b/a Flamingo is hereby denied.
16
Bostrom
Carter
Harris
Helgen
Requested by Department of.
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I
Stark �
Thune ` Form ved by City Attorney
�- By: �M'�� �vv..Rf�--�-
Adopted by Council: Date 7� �
Adoption Certified by Council Secretary Form App e b ayor for Subm' ion to Council
BY� ` � y i By: fu O/
Approved ayo - Date O Q
By:
_ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gr��h�At �
Sl - Dept of Safety & Insqections � 17-AUG-OB
Confact Pereon & Phone:
Rachel Tiemey
2665710
Mus[ 6e on G�unCil Agentla by (D81
27-AUG-08
Doc. Type: RESOLUTION
E-Document Required: Y
DocumentContact: JulieKraus
CoMact Phone: 266-8776
y
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip AII Locations for SignaWre)
Green Sheet NO: 3058317
0 eptofSafetv&Inspedions
1 tofSafe &T� ections De ar[memD'uector
2 ' Attorn
3 or's 06ce Ma oNAssistant
4 unca
5 ' Clerk C5 Clexk
Approval of the attached xesolution to take adverse acrion against the Liquor-Outdooi Service fuea (Sidewalk) license applicarion
submitted by Selam Restaurant, Inc. d/b/a Flamingo (License ID#20060003208) for the premises located at 490 Syndicate Street
23orth in St. Paul.
idavons: npprove (n) or tt
Plan�ing Commission
CIB Committee
Civii Service Gommission
1. Has this person/firm ever worked under a contract for this departmenY?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Facplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ,
License submitted a license applicarion but the perifion information attached was insufficient to complete the application process.
After notificarion, licensee failed to respond to the Norice of Intent to Deny License.
Advantages If Approved:
License denial.
Disadvantages If Approved:
None.
DisadvanWges If Not Approved:
Transaction:
Fun�ng Source:
Financial ([�formation:
(Explain)
CosURevenue Budgeted:
Activity Number:
August 17, 2008 1:06 PM Page 1
�
(..
08-9�1�
OF'FTCE OF'IT� CITY ATTORNEY
SASN2
YAUL CITY OF SAINT PAUL c�t��
� CFuistopher B. Colemmy Mnyor 400 CityHall Te7ephone: 651266-8710
ISWestKe77oggBlvd Facsimile:657298-5679
AAA SamtPau� 1VfumesotaS5l02
JuIy 11, 2008
NOTICE OF INTENT TO DENY LICENSE
Owner/Manager
Fluuiugo
490 Syndicate Street North
St. Paul, MN 55104
RE: Liquor-Outdoor Service E1rea (Sidewalk) licenses application submitted by Selam
Restaurant, Inc. d/b/a Flamingo for the premises located at 490 Syndicate Street
North in Saint Paul.
License ID #: 2Q06Q003208
Deaz Sir/Madam:
The Department of Safety and Inspections (DSI) has recoxnmended denial of the Liquor-
Outdoor Service Area (Sidewalk) license application submitted by Selam Restaurant, Jnc. d/b/a
Flauungo for the premises located at 490 Syndicate Street North in Saint Paul. The basis far the
recommendation is as follows:
On March 12, 2008, you were sent a letter from the Department of Safety
and Inspections (DSn stating that your application was pending and
could not be processed because the petition you submitted with your
license application was insufficient for the following reason: there are 4I
residential properties within 300 feet of the above reference location and
you only obtained 9 supportive signatures, or only 2I.95% of support from
residential property owners.
In order for DSI to continue to process your application, yon were asked
to submit verifiable written proof that you have obtained the additional
required support signatures from the owners of the applicable residences
located within 300 feet of the above reference location.
You were given until Apri125, 2008 to submit the requested information.
As of today's date that information has not been received.
AA-ADA-EEO Employer
(
Flamingo
3u1y 11, 2008
a8��9y7
_— a� 2 - --
--:-
At tlris time, you ha�e three options on how to proceed:
l. If you wish to admit the facts but contest the penalty, you may have a public hearing before the
Saint Paul City Council, you will need to send me a letter with a statement admittiug the facts
and tequesting a public hearing. We will need to receive your letter by Monday, July 21, 2008.
The matter will then be scheduled before the City Council for a public hearing to determiue
whether to deny the license. You will have an opportunity to appeat 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 Admiuistrative Law Judge.
At that hearing both you and the City will be able to appear and pxesent 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 send me a letter by Monday, July 21, 2008, and I will take the
necessary steps to schedule the aduiinistrative heariug.
3. If you wish to withdraw your license application request, you may submit such a request in
writing to the attention of Christine Rozek in the Department of SafeTy and Inspections at 8
Fourth Street East, Suite 200, St. Paul, Minuesota 55101-1002 no later than Monday, Jaly 21,
2008.
If you fiave not con4acted me by 4hat da4e, I wili assume 4nat 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 recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
2�� t �
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Daniel Tsegai, 2371 Linwood Avenue East, Maplewood, MN 55119
Linda Winsor, Community Organizer, Hamline Midway Coalition
1564 Lafond Avenue, St. Paul, MN 55104-1832
�
L:\civil�aus\F'ocm A's\Various�2068�F1azningoDenial.doc
STATE OF MINNESO� 1 %-
) ss. AFF7DAVIT O�' S�i�.�_VICE BY U.S. MAII.
COUNTY OF RAMSEY )
Julie Kraus, being first duiy swom, deposes and says that on the 11�' day of July, she
served the attached NOTICE OF INTENT TO DENY LICENSE by piacing a true and correct
copy thereof in an envelope addressed as follows:
Owner/Manager
Flauringo
490 Syndicate Street North
St. Paul, MN 55104
Daniel Tsegai
2371 Linwood Avenue East
Maplewood, MN 55119
Linda Winsor, Community Organizer
Hamline Midway Coalition
1564 Lafond Avenue
St. Paul, 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.
�l.J.t�—� '�
Julie Kraus
Subscribed and sworn to before me
this 1 l day July, 2008
�� l�
No y Public��
RITA M. BOSSARp P
N01ARY PUBIIC- MINPIESOTA
MY COMMISS tON
IXPIRES JAN. 31, 2 D 1 0