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08-980Council File # �� b Green Sheet # ��„L __ RESOLUTION SAINT PAUL. M WI�REAS, adverse action was initiated against the Mobile Food Vehicie license held by Hilario Rosales d/b/a Taqueria Alicia's (License ID#20050003175) for the City of Saint Paul, by Notice of Intent to Suspend License dated July 21, 2008, alleging licensee failed to submit required food item and vehicle information and pay delinquent license fees and late fees in the amount of $337.00; and WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the allegation, submit the required food item and vehicle information and pay delinquent license fees and late fees;and 10 WI3EREAS, the Notice of Intent to 5uspend License stated that if the licensee failed to contest the 11 allegation, submit the required food item and vehicle information and pay the delinquent license fees and 12 late fees by July 31, 2008, that the matter would be placed on the consent agenda to impose the 13 recommended penalty; now, therefore, be it 14 15 RESOLVED, that the Mobile Food Vehicle license held by Hilario Rosales d/bJa Taqueria Alicia's 16 is hereby suspended. 17 18 19 20 21 Bostrom Carter Hazris _rIl�wn��%�/'�� Requested by Depariment o£ �� Thune ✓ Form ved by City Attorney � �y' �� -�tAVl,t Adopted by Council: Date ��d� � Adopfion Certified by Council Secretary porm A roved I�� or r bm' ion tp Council BY: ` B I �1 Approved b�y Date � �� By: lJ C �� - - GreenSheet Green Sheet ffeen Sheet Green-Sheet�reenShee�reen5fieet __ I� '� � Contact Perso� & Phone: Rachel Tiemey 266-8710 03SEP-08 Doc. Type: RESOLUTION EAOCUment Required: Y DocumentConWct: JulieKreus 17-AUG-0B � Assign NUm6er For Routing Order Confad Phone: 266-8776 I I Total # of Signature Pages _(Clip All Locations for Signature) 0 �eatofSatery&Insqections 1 e t of Safe & ections De aztment Direetor 2 " Attorne � 3 ur's Office Ma orlASSistant 4 ouucil I 5 ' Clerk Cti Clerk Approval of the attached resolu6on to take adverse acrion against the Mobile Food Vehicle license held by Hilazo Rosales d/b/a Taqueria Alicia's (License ID#20050003175) for the City of Saint Paul. Planning Commission 1. Has fhis person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does Nis person/fircn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, WhyJ: LIcensee failed to submit required food item and vehicle informarion and pay delinquent license and late fees of $337.00. After notificarion, licensee did not respond to the NoHce of Intent to Suspend License. Advantages If Approved: License suspension Disadvantages If Approved: None DisadvanWges If Not Approved: Srensaction: Funding Source: Financial Information: (EUplain) Activity Number: CosVRevenue Budgeted: August 17, 2008 1:44 PM Page 1 __ � OFFICE OF TI� CITY AT'I'ORNEY- John J. Choi, Ci(yAffomey _ SAINT P"°� CITY OF SAINT PAUL cr�;,o;�,;s;o� � ChnstopherB. 400CifyHall Telephone: 651266-8790 15 West Kellogg Bhrd. Facsimile: 651 298-5619 AAAA SaintPaul, Mrnnesota 55102 July 21, 2008 NOTICE OF INTENT TO SUSPEND LICENSE Hilario Rosales Taqueria Alicia's 7989 Crrafton Avenue South Cottage Grove, NIN 55016 RE: Mobile Food Vehicle license held by Hilario Rosales d/b/a Taqueria Alicia's for the City of Saint Paul License ID # 20050003175 Dear Ms. Rosales: The DepaRment of Safety and Inspections (DSI) has recommended suspension of the Mobile Food Vehicle license held by Hilario Rosales d/b/a Taqueria Alicia's for the City of Saint Pau1. The basis far the recommendation is as follows: On February 8, 2008, you were sent a letter from the Department of Safety and Inspections indicating that your Mobile Food Vehicle license due on August 24, 2007 was delinquent. You were given until February 29, 2008, to pay the license and late fees in the amount of $337.�0 ($225.00 in license fees and $112.00 in late fees). As of today's date that payment has not been received. You were also asked to submit your memo of ALL food items to be served from the licensed vehicle, a letter of permission signed by the owner of the commissary allowing use of the facility as a commissary, this invoice, state the location of food sales, the location ofvehicle storage and list detailed vehicle identification number (VIN), plate #, make & model information). As of today's date the requested information has not been received. L:\CIVII,�KRAUS�FORM A'S\VARIOUS�2008\TAQUERL9A71CIA'SLICSUSPFORMADOC _ Taqueria Alicia's July 21, 2008 Page 2 f i I 6� -q8� —_ - _ _ _ -- ---- -- ---- — - =— -°- -- -- — —° _ -- _ t s t�me, you a��trons on ow to proceed. You can pay the license and late fees of $337.00 and provide the requested information. If tlus is your choice, you should send the payment and requested information directly to the Department of Safety and Inspections at 8 Fourth Street F,ast, Suite 200, St. Paul, Miuuesota 55101-1002 no later than Thnrsday, July 31, 2008. Infom�ation should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the license and late fees will be considered to be a waiver of the hearing to which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may haue 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 Thursday, July 31, 2008. The matter will then be scheduled before the City Council for a public hearing to detertnine whether to suspend your license. You will haue an opportauity to appear 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 appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If±his is your choice, p1_ezse let me 1_�now by Thursday, July 31, 2008, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the suspension 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, � � . � Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI L:\CIVII,�ICRAUS�F'ORM A'SNARIOUS�20081TAQUERL9ALICIA'SLICSUSPFORMA.DOC STATE OF NIINNESOT� r � ss. AFFIDAVIT OF SE�. JICE BY U.S. MAIL COUNTY OF RAMSEY } 68-9dQ Julie Kraus, being first duly swom, deposes and says that on the 21 ST day of July, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Hilario Rosales Taqueria Alicia's 7989 Grafton Avenue South Cottage Grove, MN 55016 (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 21 day July, 2008 � l,�-L��.�._. Notary Public ��. v:�san Marie Janisch-Wamer ., . NOTARYPUBttC-MIVNESQTA MY C(5MA�19SSION �' FJCPIRESJRN.35,20f2