09-1050Council File # Q Q�
Green Sheet # .��
C�]�
Presented by
RESOLUTION
PAUL, MINNESOTA
�
i WHEREAS, adverse action was taken against all licenses held by Ashraf Sulieman d/b/a Brothers
2 Market & Meats (I,icense ID#20080000442) for the premises located at 1055 — 4�' Street East in St. Paul by
3 Notice of Intent to Revoke Licenses dated August 25, 2009, alleging licensee submitted a check for license
4 fees that was returned from the bank for insufficient funds and the building where they operated their business
5 is now vacant; and
7 WHEREAS, per Saint Paul I.egislative Code §310.05 (m) (8), the licensing office recommended
8 revocation of all licenses for failure to pay license fees; and
9
10 WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to request a
11 hearing; and
12
13 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to request a
14 hearing by September 4, 2009, that the matter would be placed on the consent agenda to impose the
15 recommended penalty; now, therefore, be it
16
17 RESOLVED, all licenses held by Ashraf Sulieman d/b/a Brothers Market & Meats aze hereby
18 revoked.
Bostrom
carter
Hazris
✓
Requested by Department oi
.� �; � �a���s
BY: PT �tiL.
Stark �
Thune v— Fortn ved by City Attorney
� BY' Fy�S.���.F.{
Adopted by Council: Date .?��4�
Adoption Certified by Council ecre[ary Form p ov by ayor fo Sub ission to oancil
BY� %,�?i �ifGC�s° By:
Appro M or: Date �� y Q�
By . �[ � a �� �(��
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�� JV �
)e�artrnent/Office/COUncil: �ate Initiat�d:
S� _DeptofSafety&inspections I �OSEP2009 Green Sheet NO: 3079496
.�► � �
1
Assign 2
Number 3
For
Routing <
Order 5
Contad Person & Phone:
Rachei Tiemev
266-8710
Must Be on Counci Agenda by (D�t
23-SEP-09 ����..
Doc. Type: RESOLUTION
E-Documeet Required: Y
Document Contact: Julie Kraus
ConWCt Phone: 26Cr8]76
Total # of Signature Pages _(C A Lo for Signature)
Action Requested:
Approval of the attached resolution to take adverse acfion against�all licenses beld by Ashraf Sulieman dlb/a BrotUers Mazket &
Meats (License ID#20080000442) for the premises located at 1055-4th Street East in Saint Paul.
Recommendation5: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
M1. Has this personlfirm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employeel
Yes No
3. Does this personlfirm possess a skill not nortnally possessed by any
current city employee?
Yes No
F�cplain all yes answers on sepaate sheet and attach to green sheet.
Initiating Problem, lssues, Oppprtunity (INho, What, When, Where, Why):
Licensee submitted a check for license fees that was retumed for insuf£icient funds and the building where they operated their business
is now vacant. After notification, licensee did not respond to the No6ce of Intent to Revoke Licenses.
AdvanWges IfApproved:
License Revocation.
DisadvanWges If Approved:
DisadvanWges if Not Approved:
ToWI pmount of
Transaction:
Funding Source:
Financial lnformation:
(Explain)
CostlRevenue Budgeted:
Activfty Number:
September 10, 2009 1:51 PM Page 1
09-1050
Sw[NY
PAUL
�
AAAA
CITY OF SAINT PAUL
Christopher B. Colemars, Mnyor
OFFICE OF THE CIT'Y ATTORNEY
John J. Choi, CtryAnomey
Telephone: 651 266-877D
F¢csimile. 657 298-5619
August 25, 2009
ClVI(DN[SIOR
400 Ciry Hai(
IS West Keltogg Blvd.
Saint P¢ui, MinnesotQ 55702
NOTICE OF INTENT TO REVOKE LICENSES
Ashraf Sulieman
Brothers Mazket & Meats
lOSS — 4`� Street East
St. Paul, MN 55106
RE: All licenses held by Ashraf Sulieman d/b/a Brothers Market & Meats for the premises located
at 1055-4`" Street East in Saint Paul
License ID #: 20080000442
Deaz Ashraf Sulieman:
The Department of Safety and Inspections (DSI) has recommended revocation of all licenses
held by Ashraf Sulieman d/b/a Brothers Market & Meats for the premises located at 1055-4`�' Street East
in Saint Paul. The basis for the recommendation is as follows:
On June 19, 2009, you were sent a letter from the Department of Safety
and Inspections (DSI) stating that the check you submitted in the amount
of $1,040.0(1 for your license fees was retumed by the bank on April 14,
2009 for insufficient funds. As of June 23, 2009, the amount due on the
RENEWAL INVOTCE was $1,418.00.
In addition, on August 2A, 2009, DSI became aware that the building
where you operated your business is now vacant
As a result, per St. Paul I,egislative Code §310.05 (m) (8) the licensing office will recommend
revocation of your licenses.
09-1050
Brott�ers Mazket & Meats
August 25, 2Q09
Page 2
At this time you have two options on how to proceed:
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 admitting the facts
and requesting a public hearing. We will need to receive your ]etter by Friday, September 4,
2009. The matter will then be scheduled before the City Council for a public hearing to
determine whether to revoke your licenses. You will have an opportunity to appeaz 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 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 this is your choice, please let me know by September 4, 2009, and I will take the necessary
steps to schedule the administrative heazing.
If you have not contacted me by that date, I will assume that you do not contest the
revocation of your licenses. In that case, the matter will be placed on the City Council 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
Ashraf Sulieman, 14137 Atwood Court, Rosemount, MN 55068
Ms. Karin DuPaul, Community Organizer, Dayton's Bluff District 4 Community Council
798 East Seventh Street, St. Paul, MN 55106-6625
STATE OF MINNESOTf
09-1050
1 ss. AFFIDAVIT OF SE�_ ICE BY U.S. MAIL
COiJNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the �� day of August,
she served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true
and correct copy thereof in an envelope addressed as follows:
Ashraf Sulieman
Brothers Mazket & Meats
1055 — 4�` Street East
3t. Paul, MN 55106
Ashraf Sulieman
14137 Atwood Court
Rosemount, MN 55068
Ms. Kazin DuPaul, Community Organizer
Dayton's Bluff District 4 Communaty Council
798 East Seventh Street
St. Paul, MN 55106-6625
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
V`�/�
Jul� aus
Subscribed and sworn to before me
this �S�`'day of August, 2009
� � �
Notary Public
R�TA M. 805SARp
NDTARY PUBUC- MINI�SOTA
MY COMMiSS10N
EXPIRES JAN. 31, 20 9 0
09-1050
tiif\T'
r,� �
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�AAA�!
CITY OF SAINT PAUL
Christapher B. Colemm�, Mayor
DEPAR'IMENT OF SAFETY AND INSPECROMS
Bob Ke.ukr, D"vmJOr
375JackconStree;Svi422Q Telephom: 651-266-8989
Savu PmeZ Afvaresom 55701-l806 Facnmile: 657-266-9124
Web: wwwstam+Lzwldsr
06l19(2009
Ashraf Sulieman
Brothers Mazket & Meats
1055 4�' Street East
St. Paul, MN 55106
Re; Dishonored Check
Dear Ashraf Sulieman;
The Departrnent of Safety and Inspecfions received check #3238 in the amount of $1040 as
payment for license fees. The check was not honored by the bank, and your fees remain
unpaid. The amount now due is $1356.00. This annount must be paid in fuli no later than July
1, 2009. If your fees aze not paid by that date, your license file will be forwazded to the City
Attorney for adverse action which could resuit in closure of your 6usiness.
If you have any questions regazding this request for payment, I can be reached at 651-266-
9108. Your payment must be made by credit card, cashier's check, or cash. We will no
longer accept checks for your license fees.
Sinoerely,
Chn� R ze�ic�
Deputy Director
Chapter 310. Uniform License Procedures
09-1050 page 1 of 3
m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by which the city council deterrnines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall appiy to all iicense types, except that in
the case of a violation involving a liquor Iicense § 409.26 shall appiy where a specific violation is
listed. in ihe case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individual violation of § 331A. The total fine amount for violations ot § 331A
may exceed the maximum fine outlined below due to muitiple violations in one (1) appearance.
Aii penalty recommendations for chapter 331A violations shali be based on the food penalty
guideline referred to in chapter 33iA. These penalties are presumed to be appropriate for every
case; however the council may deviate therefrom in an individuai case where the council finds
and determines that there exist substantiai and compelling reasons making it more appropriate
to do so. When deviating from these standards, the councii shail provide written reasons that
specify why the penalty selected was more appropriate.
TABLEINSET:
Appearance
Type of Viofation
ist 2nd 3rd 4th
1 Violations of conditions $500.00 fine $2,000.00 fine
( ) $1,000.00 and 10-day Revocation
placed on the license fine suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine sus ension
P
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation
other than violations of the fine suspension
food code
(4) Failure to permit 5-day 10-day �5-day Revocation
entrance or inspection by suspension suspension suspension
DSI inspector or police
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $�o0.00 $1,500.00 suspension
employee
(6) Gommission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,00�.�0, 5- Revocation
331 A $250.00 $500.00 day
suspension
(�0) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payable without hearing .
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Chapter 310. Uniform License Procedures
09 page 2 of 3
A. SVotwithstanding the provisions of section 310.05(c), a ficensee who wouid be
making a first or second appearance before the council may elect to pay the fine
tc the Department of Safety and inspections without a council hearing, unless the
notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine will be considered to be a waiver of the
hearing to which the ficensee is entitfed, and will be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that ficensee
has made before the Council. The above councii hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and inspections is equal to or tess than the fine amount outlined in the
above matrix. Payment ot the recommended fine wili be considered to be a
waiver of the hearing to which the licensee is entitled, and wifl be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multiple violafions. At a licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been alieged and/or
incorporated in the notices sent to the licensee under the administrative procedures act
up to and including the formal notice of hearing. The council in that case shall consider
the presumptive pena{ty Sor each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for
departure from such penalties in the council's discretion.
(iii) Violations occurrrng after the date of fhe notice of hearing. Violations occurring
after the date of the notice of hearing that are brought to the attention of the city attorney
prior to the hearing date before an administrative law judge (or before the councii in an
uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee
admits to the facts, and sha�l in that case be treated as though part of the "1st
Appearance." 4n ail other cases, violations occurring after the date of the formal notice of
hearing shall be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. The same procedures shall apply to a second, third or
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular ficensee, the council shall impose the presumptive penalty for the
vioiation or violations giving rise to the subsequent appearance without regard to the
partfcufar violation or vioiations that were the subject of the first or prior appearance.
However, non-critical violations of Chapter 331A shall not be counted as an
"appearance" before the Council in relation to any violation other than another violation
of Chapter 331A.
(v) Computation of time.
(1) !f a licensee appears before the council for any violation in paragraph (m)
where that violation has occurred within twelve (12) calendar months after the
first appearance of the same Iicensee for a violation listed in paragraph (m)
above or section 40926, the current appearance shali be treated as a second
appearance for the purpose of determining the presumptive penalty.
(2) if a licensee has appeared before the council on two (2) previous occasions
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Chapter 310. Uniform LicensP Procedures
09-1050 page 3 of 3
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violation listed in paragraph (m), and if the
current violation occurs withfn eighteen (18) calendar months of the violation that
gave rise to the first appearance before the council, then the current appearance
shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) if a Iicensee has appeared before the counci( on three (3) previous
occasions, each for violations listed in �aragraph (m) or sectio� 409.26, and if
said ficensee again appears before the council for a violation contained in
paragraph (m), and if the current violation occurred within twenty-four (24)
calendar months of the violation that gave rise to the first appearance, then the
current appearance shall be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
(4) Any appearance not covered by subsections (1), (2) or (3) above shall be
treated as a first appearance. In case of multiple violations in any appearance,
the date to be used to measure whether twelve (12), eighteen (18), or twenty-four
(24) months have elapsed shall be the date of the violation last in time at the first
appearance, and the daie of the violation first in time at any subsequent
appearance.
(5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodiiy harm in a
licensed establishment that is refated to a violetion of the faw or iicense
conditions shall be counted as a second appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shall be counted as a third appearance regardless of
how much time has passed since the first or second appearance.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F.
No. 06-954, § i, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)
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