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08-950Council File # (� � � Green Sheet # Q � Resented by 1 WI�REAS, adv�rszac ��on was taken against the Restaurant (2) 1-12 Seats license application and 2 Alarm Pertnit (New) submitted by Shoufot Family Group, LLC d/b/a Chicago Cafe & Grill (License ID 3#20080000728) for the premises located at 471 St. Peter Street in the Saint Paul, by Notice of Intent to 4 Deny License dated July 18, 2008, alleging licensee paid the license, alarm permit and Environmental Plan 5 Review fees with a dishonored check that was returned by the bank; and 6 7 WfIEREAS, licensee did not respond to the Notice of Intent to Deny License to contest the 8 allegation ar pay the delinquent license, permit and review fees; and 9 10 WIiEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the 11 aliegation or pay the delinquent license, permit and review fees by July 28, 2008, that the matter would be 12 placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Restaurant (2) 1-12 Seats license application and Alann Permit (New) 15 submitted by Shoufot Fanuly Group, LLC d/b/a Chicago Cafe & Crrill are hereby denied. 16 Bostrom Carter Hartis Requested by Department o£ i �_:� I Thwie � Form A roved by City Attomey � �_ sY: � a�. �� Adopted by Council: Date ���-7��� Adopfion Certified by Council Secretary Form ppr y Mayor for Submission to Council By: � i g Approved M or. ate �� �Y By: � Green Sheet Green Sheet 6reen Sheet Green Sheet Green Sheet G�een Sheet � - - e38�t 5( 3 SI - lkptofSafery&Inspections ,�_A��B � Green Sheet NO: 3058321 ContaM Pecson S Phone: Racliel Tiemey 2658710 must tse on 27-AUG-08 Doc.Type: RESOLUTION � Assign Number For 0 ept ofSaferi & Inspeclions I i 2 GtitY Attornev I 3 �}_or's O&ce MayoHAssis�nt I 4 ouncil 5 't}_Clerk_ _ _ _ _ _ GSty C7erk I E-Document Required: Y Document ContaM: Julie Kreus Cotrtad Phone: 266-8776 Order Total # of Signature Pages _(Clip Atl Locations for Signature) Approval of the attached resolufion to take adverse action against the Restaurant (2) 1-12 Seats license application and Alarm Permt (New) submitted by Shoufot Family Group, LLC d/b/a Clvcago Cafe and Grili (License ID#20080000728) for the premises located at A71 St. Peter Sheet in Saint Paul. Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm ever worked under a contract for Ihis departmentl Yes No 2. Has this personffittn ever been a city employee? Yes No 3. Does ihis personffirm possess a skill not normally possessed by any current city employee? Yes No E7cplain all yes answers on separafe sheet and attach tn green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee paid license, alarm permit and Environmentai Plan Review fees with a diskonored check that was returned by the bank. After notification, licensed &d not respond to the Norice of Intent to Deny License. Advantages If Approved: License deniai. Disadvantages If Approved: None. Disadvanpges If Not Approved: 7ransaction: Funding Source: Financial Information: (EaplainJ CosURevenue BudgeMd: Activity Number. August 17, 2008126 PM Page 1 � � OFFTCE OF TE3E CITY ATTORNEY John d Choi, CityAftomey PADZ CITY OF SAINT PAUL CivilDivision � Christopher6. Cq(eman, Mayor 400 CityHaif 7elephone: 65� 26587�0 15 Facsimile:651298-5619 �AAR SaintPaui, Mnnesota 55102 July 18, 2008 NOTICE OF INTENT TO DENY LICENSE Zafer Mashni Chicago Cafe & Grill c/o 50 Congress Street St. Paul, MN 55107 RE: Restaurant (2) 1-12 Seats and Alann Permit (New) license applications subxnitted by Shoufot Familq Group, LLC d/b/a Chicago Cafe & Grill for the premises located at 471 St. Peter Street in Saint Paul License ID # 20080000728 Dear Mr. Mashni: The Deparnnent of Safety and Inspections (DS� has recommended denial of the Restaurant (2} 1-12 Seats and Alarm Pernut (New) license applications submitted by Shoufot Family Group, LLC d/bfa Chicago Cafe & Grill for the premises located at 471 St. Peter Street in Saint Paul. The basis for the recommendation is as follows: On Apri125, 2008, you were sent a letter from the Department of Safety and Inspections indicating that the $853.00 check you submitted on March 20, 2008, to pay the restaurant license, alarm permit and Environmental Plan Review was dishonored by the band and returned. As a result, you license application was placed on hold. You were then given until May 5, 2008, to submit the $868.00 ($853.00 delinquent license fee and $15.00 handling charge) now due. As of today's date that payment has not been received. At this time, you haue tbree opfions on how to proceed: You can pay the delinquent license and late fees of $868.00. If this is your choice, you should send the payment directly to the Department of Safety and Inspections at $ Fourth Street East, Suite 200, 5t. Paui, NSinnesota 55101-1002 no later than Monday, July 28, 2008. Informafion should be directed to the attention of Christine Rozek. A self- addressed envelope is enciosed for your convenience. Payment ofthe license and late fees will be considered to be a waiver of the hearing to which you ate entitled. AA-ADA-EEO Employer � c���o c�e & c� �_. 2. If you wish to admit the facts but contesC the penalty, you may have a public hearing before the Saint Pau1 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, July 28, 2008. The matter will then be scheduled befare the City Council for a public hearing to determine whether to deny your license. You will have an opportimity to appeat before the Council and make a statement on your own behaif. 3. If you dispute the above facts, you can request a hearing before an Administrative 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, piease advise me by Monday, Jnly 28, . 2008, and I will take the necessary steps to schedule the aduunistrative hearing. If you have not contacted me by that date, I wiil 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 recommended penalty. If you haue questions about these options, please feel free to contact me at 266-8710. Sincerely, iZ� l �.,� Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI AA-ADA-EEO Employer STATE OF MINNESOT�r 7 ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SEh.iCE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the 18 day of July, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and canect copy thereof in an envelope addressed as follows: Zafer Mashni Chicago Cafe & Crrill c/o 50 Congress Street St. Paul, MN 55107 (which is the last known address of said person) depositing the satne, with postage prepaid, in the United States maii at St. Paul, Minnesota. � Julie Kraus Suhscribed znd svaom to before me this 18�' day July, 2008 �_ o � No azy Public RITA M. BOSSARD NOTARY PUBL� - MINNESOTA MV COMMISSION + EXPiRESJAN.31,2010