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09-1076Council File # 09-1076 Greeu Sheet # -3�d .�� RESOLUTION CITY Presented by L, MINNESOTA F� , 1 WHEREAS, adverse action was initiated against the Ma1t Off Sale (Brewery) license held by F1at 2 Earth Brewing Company d/b/a Flat Earth Brewing Company (License ID #20070003528) for the premises 3 located at 2035 Benson Avenue in Saint Paul by Notice of Intent to Suspend License dated August 3, 2009, 4 alleging licensee failed to submit a certificate of liquor liability insurance for the coverage period of Mazch 5 22, 2009 through December 1, 2009, in violation of Saint Paul Legislative Code §409.�6(b) (12); and 7 WHEREAS, the licensee did respond to the Notice of Intent to Suspend License to pay the $500.00 8 matrix penalty but then submitted a certificate of liquor liability insurance on August 25, 2009, with a lapse 9 in coverage from March 22, 2009 through August 12, 2009; and 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to submit a certificate of liquor liability insurance without a lapse in coverage by August 13, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Malt Off Sale (Brewery) license held by Flat Earth Brewing Company d/b/a Flat Earth Brewing Company is hereby suspended for ten days for the lapse in liquor liability insurance from March 22, 2009 through August 12, 2009, in violation of Saint Paul Legislative Code §409.26(b)(12). Said suspension shall become effective 12:01 a.m. on Wednesday, October 8, 2009, and last until 11:59 p.m. Friday, October 17, 2049. Requested by Department of. �1 � �v � ��"� By� r! S Adopted by Council: Date 0�'�-� �� Adoptio rtified b� C FCiI cretary f By: I�t Approved by e, . Date / D /�j Qo By: __-��!� Y �'�j'��t{ Fo oved by City Attorney BY� I �.� Form A� ro ed by Ma r for m' si to Council By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � lU� � S � _ Dept. of Safety 8 Inspections Confact Person & Phone: Rachel Tiemev 266-8710 Must Be on Council Agenda by 16-SEP-09 ((`�,. c. .._ �oc. Type: �SOLUTION E-Document Required: Y Document ConWd: Julie Kraus ConqctPhone: 2668776 04 SEP 2009 y � o I 1 Assign Z Number 3 For Routing 4 Order g Total # of Signature Pages _(Clip All Lowtions for Signature) Green Sheet NO: 3078940 � �� Resolution to take adverse acrion against the Malt Off Sale Brewery license held by Flat Earth Brewing Company d/b/a Flat Earth Brewing Company (License ID#20070003528) for the premises located at 2035 Benson Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission _. CIB Committee Civil Service Commission Personal Service Confrects Must Answer the Following Questions: 1. Has this persoNfirtn ever worked under a mntract for this depactment? Yes No 2. Ha5 this person/firtn ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any cunent city employee? Yes No E�cplain all yes answers on separete sheM and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): License responded to Nofice of Intent to Suspend License to pay the $500.00 mahix penalty but submitted a certificate of liquor liability insurance with a lapse in coverage from Mazch 22, 2009 through August 12, 2009 in violaUon of 5PLC Section 409.26(b)(12). After nofification, licensee did not resubmit a certificate of liquor liability without a lapse. Advantages 1f Approved: 10-day suspension �isadvantages If Approved: DisadvaMages If Not Approved: 7ota1 Amount of Trensaction: Funding Source: Finaneial Information: (Explain) September 4, 200911:36 AM Cost/Revenue Budgeted: Aetivity Number: Page 1 �� a S�P �- .� �� - �O � Sw(NT PAOL CiTY OF SAINT PAUL � ChnstopherB. Coleman, Mayor AAAA August 3, 2009 OFFiCE OF THE CITY ATTORNEY John J. Choi, CityARomey QIVI� �IV%SIOq 400 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55702 Telephone: 651266-87f 0 Fa rsimile: 651 298-56 7 9 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manger Flat Earth Brewing Company 2035 Benson Avenue St. Paul, MN 55116 RE: Malt Off Sale (Brewery) license held by Flat Earth Brewing Company d/b/a Flat Earth Brewing Company for the premises located at 2035 Benson Avenue in Saint Paul License ID #20070003528 Dear Sir/Madam: The Departrnent of Safety and Inspections (DSn has recommended suspension of the Malt Off Sale (Brewery) license held by Flat Earth Brewing Company d/b/a Flat Earth Brewing Company for the premises located at 2035 Benson Avenue in Saint Paul. The basis for the recommendation is as follows: On June 17, 2009, you were sent a letter from the Department of Safety and Inspections (DSI) stating that your Malt Off Sale (Brewery) license renewal was placed on hold until you submitted a current certificate of Liquor Liability insurance for the coverage period of March 22, 2009 through December 1, 2009. You were given unGl July 1, 2009, to submit the insurance certi�cate. As of today's date, that has not been received. In addi6on to the suspension of your Malt Off Sale (Brewery) license, per Saint Paul Legislarive Code §310.05 (m) (2), the licensing o�ce will also recommend a$500.00 mauix penalty for failure to submit the required liquor liability insurance in order to maintain your license. At this time, you have three options on how to proceed: You can pay the $500.00 mahix penalty and submit a current certificate of Liquor Liability insurance. If this is your choice, you should send the payment and insurance information direcfly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, August 13, 2009. Information should be directed to the attention of Christine Rozek. A self- addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix penalty and submission of a current insurance certificate will be considered to be a waiver of the hearing to which you aze entitled. �—�c��(� Flat Earth Brewing Company August 3, 2009 Page 2 2. If you wish to admit the facts but contest the penalry, you may have a public hearing before the Saint Paul City Council, you will need to send me a]etter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Thursday, August 13, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your license and impose the $500.00 matrix penalty. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you no longer wish to do business in the Ciry of Saint Paul, you will need to send a written statement to that effect to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 later than Thursday, August 13, 2009. Information should be directed to the attention of Christine Rozek. If you have not contacted me by that date, I will assume that you do not contest the suspension of your license and imposition of the $500.00 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have quesrions about these options, please feel free to contact me at 266-8710. Sincerely, ��. �� .> Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Catherine Williamson, 1245 Edgcumbe Road, St. Paul, MN 55105 STATE OF MINNESOT' C��t lC � � ss. AFFIDAVIT OF SEk VICE BX U.S. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the �j � day of August, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manger F7at Earth Brewing Company 2035 Benson Avenue St. Paul, MN 55116 Catherine Williamson 1245 Edgcumbe Road St. Paui, MN 55105 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 1�-�-� Julie aus Sabscribed and sworn to before me thls 3+.--� day of August, 2009 �E�/'" � " �� Notary Public RtTA M. BOSSARD NDiARY%16LIC-MWNESOTA � MY COMMISSION IXPIRESJAN 31 201 D � Chapter 409. Intoxicating Liquor* Page 1 of 4 G�'1 � Sec. 409.26. Intoxicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the Iength of license suspensions and the propriety of revocations, and shaii apply to ali on-sale and off-sale iicensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the councii may deviate therefrom in an individual case where the council finds and determines that there exist substantiai and co:npeiling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shail be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): TABLEINSET: Type of Violation Commission of a felony (1) related to the licensed activity. Sale of alcohol beverages (2) while license is under I Sale of alcoholic (3) beverages to underage � Sale of aicoholic beverage to intoxicated person. � After hours sale of alcoholic beverages. After hours dispfay or (6) consumption of alcoholic beverage. Refusaf to atiow city �� inspectors or police admission to inspect ($) � (10) �1�) Illegal gambling on premises. Failure to take reasonable steps to stop person from leaving premisss witfi alcoholic beverage. Failure to make application for license renewal prior to license expiration date. Sale of intoxicating liquor where only license is for 1 st 2nd Revocation NA Revocation NA Fine Fine Fine Fine Fine 6 Fine 4 5 15 Fine 6 Fine 4 Fine 6 Fine 6 3rd 4th NA NA NA NA Up to 18 Revocation Up to 18 Revocation 18 Revocation 12 Revocation Revocation NA �$ Revocation 12 Revocation � 8 Revocation 18 Revocation http:lllibrary4.municode.coml4472lDocViewJ1006111/318J406?hilite=409 26; 8J27l2009 Chapter 409. Intoxicating Liquor* Faifure to comply with (12) statutory, and ordinance requirements for liability insurance. 10 I Revocation I NA � NA Page 2 of 4 ��L � L� �c; For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving multiple violations, a fine shail be imposed according to the following schedule. For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a seconri appearance not involving multiple violations, the fine amounts set forth below shall be doubled. Seating capacity 0--149 . . . $ 500.00 Seating capacity 150 and over ... 1,000.00 For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving multiple violations, a fine shall be imposed according to the following schedule, based on the square footage of the retail area of the establishment. For those violations which occur in off-saie intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving muitiple violations, the fine amounts set forth below shall be doubled. 5,000 square feet or less ...$ 500.00 5,001 square feet or more ... 1,000.00 A licensee who would be making a first appearance before the council may elect to pay the fine to the department of safety and inspections without an appearance before the council, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive penalty. Payment of the recommended fine wiil be considered to be a waiver of the hearing to which the licensee is entitled, and shail be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon ali the violations that have been alleged and/or incorporated in the notices sent to the {icensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the "1 st Appearance" column in paragraph (b) above. The occurrence of multiple violations shail be grounds for departure from such penalties in the council's discretion. Vio4ations 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 shall in that case be treated as though part of the "1 st Appearance." in all other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and deait with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the councii. (d) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject ot the first or prior appearance. (e) Computation of time: http:l/library4.municode.com/4472/DocView/10061f1J318l406?hilite=40926; 8J27/2009