09-1141CITY
Presented by
Council File #
Green Sheet # Q
RESOLUTION �
SAINT PAUL, MINNESOTA
1 WHEREAS, adverse action was taken against all licenses held by Samit, LLC d/b/a Tin Cup
2 Restaurant & Baz (License ID#20070005054) for the premises located at 1220 Rice Street in Saint Paul by
3 Notice of Intent to Revoke Licenses dated September 25, 2009, alleging licensee failed to pay delinquent
4 license and late fees in the amount of $4,107.00; and
5
6 WHEREAS, the licensee's account has been delinquent over 121 days, so per Saint Paul
7 L,egislative Code §310.05(m)(8), the licensing office recommended revocation of licenses; and
8
9 WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to pay the
10 delinquent license and late fees; and
11
12 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to pay the
13 delinquent license and late fees by October 5, 2009, that the matter would be placed on the consent agenda
14 to impose the recommended penalty; now, therefore, be it
15
16 RESOLVED, that all licenses held by Samit, LLC d/b/a Tin Cup Restaurant & Bar are hereby
17 revoked.
Req�ested by Depaztrnent of:
� �.�� C�.JL �..�,�,t��
--�
Adoption Certified by Councl ecretary
$y. � c
Approv�� aNT'y}c�,r: Date ,�� �
/
B �� (�bt..ti�
By: ��� t� �.�v
Form roved by City Attorney
BY� , (� .L,�'
Form roved y oi for to C�unci]
B
Adopted by Council: Da[e ��/o!'//�Lf
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
'� DepartmentlOffice/Council: � Date Initiated: � D � / � � �'
�� S � _Dept.ofSafety&Inspedions ; 090CT2009 � Green Sheet NO: 3083458
Contact Person & Phone:
Rachel Tiemey
2ss-8�10
Must Be on Council enda by (Dat �
2�-oc-r-os �.�cnA0pu1 �
I Doa Type: RESOLUTION �I
I I
E-Document Required: Y
DocumentConWct: �ulieKraus
Contact Phone: 266-8776
0
i
2
3
4
5
y
Assign
Number
For
Routing
Order
�
�
Totai # of Signature Pages _(Clip All Locations for Signat
Action Requested:
Resolution [o take adverse action against all licenses held by Samit, LLC d/b/a Tin Cup Restaurant & Baz (License IA
#20070005054) for the premises located at 1220 Rice Street in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Gommission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/frm ever worked under a contract for this department?
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3 Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet.
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees in the amount of $4,107.00. After notification, licensee did not respond to the
I Notice of Intent to Revoke Licenses.
Advantages If Approved:
License revocation
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financial Information:
(Explain)
CosVRevenue Butlgetetl:
Activity Number:
October 9, 2009 11:40 AM Page 1
��-ii�►
OFFICE OF THE CITY ATTORNEY
John J Cluui, CiryAnomey
se�xr
PAUL
�
AAAA
CITY OF SAINT PAUL
ChristopherB. Co[eman, Mayor
September 25, 2009
CivilDivisian
400 City Hall
/5 West KeUogg Blvd
Samt Pau{ Minnesom 55102
NOTICE OF INTENT TO REVOKE LICENSES
Sovan Mukherjee, CEO
Tin Cup Restaurant & Baz
1220 Rice Street
St. Paul, MN 55117
Te[ephone: 651 266-8710
Facsinule: 65] 29856/9
RE: All licenses held by Samit LLC d/b/a Tin Cup Restaurant & Bar for the premises located
at 1220 Rice Street in Saint Paul
License ID #: 20070005054
Dear Sovan Mukherjee:
The Department of Safety and Inspections (DSI) has recommended adverse action against all
license held by Samit LLC d/b/a Tin Cup Restaurant & Bar for the premises located at 1220 Rice Street
in Saint Paul. The basis for the recommendation is as follows:
According to Department of Safety and Inspections (DSI) records, you
have not paid the remaining $4,107.00 in delinquent license and late fees
that were due by April 18, 2009. Your account is now delinquent over 121
davs•
As a result, per St. Paul Legislative Code §310.05 (m) (8) the licensing office will recommend
revocation of your licenses.
At this time you have three options on how to proceed:
You can pay the delinquent license and late fees of $4,107.00. If this is your choice, you should
make the payment directly to the Department of Safety and Inspections, at 375 Jackson Street,
Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, October 5, 2009. Information
should be directed to the attention of Christine Rozek. Onlv a pavment bv cash, cashier's
check or credit card will be accepted. Payment of the delinquent Jicense and late fees will be
considered to be a waiver of the heazing to which you aze entitled.
Affirmative Action Eq}ial Opportunity Employer
Tin Cup Restaurant & Baz
September 25, 2009
Page 2
a�-(I�I
2. 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 pubiic hearing. We will need to receive your letter by Monday, October 5,
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.
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 wil] ultimately decide the case.
If this is your choice, please let me know by Monday, October 5, 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. dn 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, piease feel free to contact me at 266-8710.
Sincerely,
�
Rache] Tierney I ��
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Sovan Mukherjee, 605-59` Avenue North, Brooklyn Center, MN 55430
Kerry Antrim, Exec. Director, District 6 Planning Council, 213 Front Avenue, St. Paul, MN SSll7
Affirmative Action Equa] Opportunity Employer
�
_
�
�
N
m
�
�
ct Q
o �
N �
d
� N
R �
a °�
��
i
T CC C
�
�
' a m
2 x �
� W �
J
� -
a
f-
�
F
,�
w
U
¢ c
} } } } } } }
N O `� e o � �
N O_ o 0 0� o
U � `. m .-
y � �
� @ m m y m
rb tq T y
R 9 U � T
N
C £�� LL m N N
qy � t� M m N m �
d m m N m m m
� Q IL LL J IL fi IL
— LL m m E m m m
� Z J J Q J J J
� 3
= a� � a
a� � � w � �
� t6 � 1-- T vi
�3 N (6 R t3 N
V z m ~ N N N N N N N
= m,� �aaaaaa
� p �- a o 0 0 0 0 0 0
,, o 0 0 0 0 0 0
~ ¢ am oro^oai�^
�
d � � �
o � �m
N �
V Q
W � Q �
J U � V
Z d
H
0 0 0 0 0 0 0
� �n o 0 0 0 0 0
ui m co o� co oi
a� rn � n � � n
ch
N � �
�
�
�J N O (D (p (p
E '�a>• au
N � Y t n� ro�� m
Z � N � � � � � �
c
o --�
� U T �
N
U vl Y
J
� J
a L U T O�� N N n
N � � Y m rn c� m<o m
( q � vv�n�n�nw
�y to �D m �o cD cD
O ___
N
P^ � Y (��j � N N N� � N N N
�
y N � C ~ � N N� �^ n �
�� � N N N'ch �1l (O t�D n�
� a o 0 0 0 0 0 0
O
�
n
O
ri
�
n
r
N
r�-�
O
F
N
O
H
3
U
0
0
0
v
d
U
C
R
m
m
c
�
0
v
Q
`m
E
0
..
N
3
U
0
0
r
v
O
�
�
O
ai
�
v
r
�
N
d
R
Q
i
w
Y
O
F
�
c
R
�
6�j�ll+�l
Chapter 310. Uniform Licens 'rocedures
Page 1 of 3
0�1'�
(m) Presumptive pena/ties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall apply to all license types, except that in
the case of a violatio� involving a liquor license � 409.26 shall apply where a specific violation is
listed. In the 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 of § 331A
may exceed the maximum fine outlined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food penalty
guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every
case; however the council rnay deviate therefrom in an individual case where the council finds
and determines that there exist substantial and compelling 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.
TABLE INSET:
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $Z�000.00 fine Revocation
placed on the license fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the le isfative code relatin $500.00 fine $1,000.00 Revocation
9 9 fine and 10-day
to the licensed activity suspension
(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 �ne
suspension
food code
(4) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension suspension
DSI inspector or police
(5) Commission of a crime
other than a felony on the $�00.00 $1,500.00 5-day Revocation
premises by a licensee or suspension
employee
(6) Commission 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 $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation $1,000.00
under 331A $150.00 $250.00 $500.00
(i) Fines payable without hearing .
STATE OF MINNESOT
� ss. AFFIDAVIT OF SB�c VICE BY U.S. MAIL
COUNTY OF RAMSEY ) O �� '( I��
Julie Kraus, being first duly sworn, deposes and says that on the � J�day of
September, she served the attached NOTICE OF INTENT TO REVOKE LICENSES by
placing a true and conect copy thereof in an envelope addressed as follows:
Sovan Mukherjee, CEO
Tin Cup Restaurant & Baz
1220 Rice Street
St. Paul, MN 55117
Sovan Mukherjee
605-59�' Avenue North
Brooklyn Center, MN 55430
Kerry Antrim, Exec. Director
District 6 Planning Council
213 Front Avenue
St. Paul, MN 55117
(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 aus
Subscribed and sworn to before me
thiso25�day of September, 2009
�� ��I . ,�.—ria i.� �
NOtaz b '
R�TA M. BOSSARD
N�TARY PUBLIC - MINNESOTA
MY COMMISSION
EXPIRES JAN 31 2 Jn. O�i�U' �