09-1196Council File # b �Cf
Green Sheet # � ' S' �
RESOLUTION
Presented by
MINNESOTA
l�
1 WHEREAS,'asty_else�action was taken against all licenses held by Patricia M. Berg d/b/a Patty's
Refreshment (License ID#20080000632) for the premises located at 658 Cedar Street, Floor #1 in Saint
3 1 by Notice of Intent to Suspend Licenses dated September 29, 2009, alleging licensee failed to pay
4 delin ent license and late fees in the amount of $654.00 and submit requested machine and vehicle
5 informau • and
6
7 WHE , per Saint Paul L,egislative Code §310.05 (m) (2), the licensing office recommended
8 license suspension d a$500.00 matrix penalty; and
9
10 WHEREAS, the
11 delinquent license and late
did not respond to the Notice of Intent to Suspend Licenses to pay the
the $500.00 matrix penalty and submit the requested machine and vehicle
12 information; and
13
14 WHEREAS, the Notice of Inte to Suspend Licenses stated that if the licensee failed to pay the
15 delinquent license and late fees, the $500. 0 matrix penalty and submit the requested machine and vehicle
16 information by October 8, 2009, that the ma r would be placed on the consent agenda to impose the
17 recommended penalty; now, therefore, be it
18
19 RESOLVED, that all licenses held by Patrici M. Berg d/b/a Patty's Refreshment are hereby
20 suspended for failure to pay delinquent license and late ees.
21
22 FURTHER RESOLVED, the licensee is ordered to p a matrix penalty of $500.00 for failure to
23 submit requested machine and vehicle information. Payment o such penalty shall be made within thirty
24 days of the date of the adoption of this resolution. \
Requested by Depaztmen[ of:
G _T � ,�,ae.�, s
BY ¢ �a�.a.� r7 LlJ,P�l
�
Approved by Mayor: Date
Form
G3'�
FoLm
By:
�
Adoption Certified by Council Secretary
Ct7
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
i Department/p{ficelCouncil; Date Initiated: V ����� �
i SI —Dept.ofSafety&Inspectiocis �i �60CT2009 'i Green Sheet NO: 3084537
Conqct Person 8 Phone:
Virpinia D. Palmer
266-8710
Must Be on Council Agenda by (Date}:
2&OCT-09
Doc. Type: RESOLUTION
E•DOCUment Required: Y
Document ConWct: Julie Kraus
CoMact Phone: 266-8776
�
Assign
Number
For
Routing
Order
0
t
2
3
4
5
6
7
8
9
10
ToWI # of Signature Pa _( Al Low tions f or Sig n a ture)
Action Requested:
Approval of the attached resolurion tn take adverse action against all licenses held by Patricia M. Berg d/b(a Patty's Refreshment for
the premises located at 658 Cedaz Sheet, Floor #I in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Foilowing Questions:
1. Has this person/firm ever worked under a contract for this department�
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curcent city empfoyee?
Yes No
Explain all yes answers on separate sheet and aNach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees of $654.00 and submit requested machine and vehicle informarion. AHer
notificarion, licensee did not respond to the Notice of Inten[ to 5uspend Licenses.
AdvanWgeslfApproved: �
License suspension and 'unposition of $500.00 matrix penalty.
Disadvantages H Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financial information:
(Explain)
October 16, 2009 2:57 PM
CosURevenue Budgeted:
Activity Number:
Page 1
—cn�
v �-�C�t�
OFFICE OF THE CITY ATTORNEY
John J. ChOi, CifyAttomey
SAINT
PAUL
�
AAAA
CITY OF SAINT PAUL
CBnstopherB. Coleman, Mayo�
Civil Divisian
400 City Hall
75 West Kellogg Blvd.
Saint Paul, Mmnesota 55102
7elephone: 657 266-8710
Facsimile: 657 298-5679
September 29, 2009
NOTICE OF INTENT TO SUSPEND LICENSES
Patricia M. Berg
Patty's Refreshment
658 Cedaz Street, Floor #1
St. Paul, MN 55155
RE: All licenses held by Patricia M. Berg d/b/a Patty's Refreshment for the premises located at
658 Cedaz Street, Floor #1 in Saint Paul
License ID #20080000b32
Deaz Ms. Berg:
The Department of Safety and Inspections (DSI) has recommended suspension of all licenses held by Patricia M.
Berg d/b/a Patty's Refreshment for the premises located at 658 Cedar Street, Floor #1 in Saint Pau1. The basis for the
recommendation is as follows:
On July 13, 2009, you were sent a letter and I2ENEWAL INVOICE from the Departrnent of
Safety and Inspections (DST) stating that your Food Vending Machine Operator, Retail Food-
Restricted Food Service, Food Vending Machine and Retail Food (B) Grocery 101-1000 sq. ft.
licenses were delinquent and you now owed $654.00 in license and late fees.
You were then asked to submit a current list of vending machines indicating the type of items
being sold and the locations of each machine. You were also required to submit State of
Minnesota Workers Compensation Forms and provide the vehicle ticense number if used in
transporting food and goods, etc.
You were given until August 3, 2009 to pay the delinquent license and late fees and submit the
requested information. As of today's date, neither the payment nor the requested information
has been received.
In addition to the suspension of your licenses, per Saint Paul Legislative Code §310.05 (m) (2), the licensing
office will also recommend a$500.00 matrix penalty for failure to submit required information in order to maintain
yourlicense.
STATE OF MINNESOT �'
, ss.
COUNTY OF RAMSEY )
p��(l�l{0
AFFIDAVIT OF SE._ �ICE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the�� day of
September, she served the attached NOTICE OF INTENT TO SUSPEND LICENSES by
placing a true and correct copy thereof in an envelope addressed as follows:
Patricia M. Berg
Patty's Refreshment
658 Cedaz Street, F1oor #1
St. Paul,1VIN 55155
Patricia M. Berg
13826 Edgewood Avenue
Savage, MN 55378
(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� ��
Jul aus
Subscribed and sworn to before me
this�_`�day of September, 2009
���� �
N��ic
R1TA M. 80SSARD
�.,, NOTARYWBLIC-MINNESOTA
� `..-= MYCOPv1MISSION
-'-��'- EXPIRESJAN37,2010
.-�.,»�:...,__ _,,.-.�
��-If�w
DEPARTMENT OF SAFETY AND INSPECTIONS
Bpb Kessler, Direcfor
CITY OF SAINT PAUL
ChristopherB. Co(eman, Mayor
7uly 13, 2009
Patricia M. Berg
Payy's Refreshment
1382b Edgewood Avenue
Savage, NIN 55378
COMMERCEBUILDlNG Telephone: 651-266-8989
375 Jacksan Street, Suite 220 Facrim+le: 651-266-9124
St Paul, Minnesora 55107-1806 Web � ivww smwl eov/dst
RE: Delinquent Food Vending Machine Operator, Retail Food-Restricted Food Service,
Food Vending Machine & Retail Food (B) Grocery 101-1000 sq ft Licenses
Deaz Patricia M. Berg:
Our records indicate that your Food Vending Machine Operator, Retail Food-Restricted Food
Service, Food Vending Machine & Retail Food (B) Grocery 101-1000 sq ft Licenses was due
on March 11, 2009. Please note that vour total bill is now $654.00 including late fees. This
payment must be received in this office by August 3, 2009 or we will submit your unpaid
account to the City Attorney's o�ce for adverse action against yow license.
For your convenience, a copy of the invoice and a returu envelope is enclosed. If you are no
longer working within the City of Saint Paul please advise our office of that informarion in
writing. Please remember to include the information requested on the bottom of the
invoice with yourpayment.
If you have questions regarding this notice, please contact our office between the hours of
8:00 a.m. to 430 p.m. at 651-266-8989.
SincereIy,
Patricia McGinn
Office Manager
AA-ADA-EEO Employer
� �-f I� �o
Renewai fnvoice
❑ Check this box if making any name, maiting address or phone #
corrections. Piease write the cfianges on this form. If your
business license address is changing, please requesf a new
business license application
July 16, 2009
PATRICIA M BERG
PATT1^S REFRESHMENT
�3826 EDGEWOOD AVE
SAYAGE MN 55378
CITY OF SAINT PAt9l
Department of Safety and Inspections
375 Jackson Street, Suite 220
Saint Paul, MN 55101-1806
PHONE: (651)2fi6-8989
FAX: (651) 266-9124
An Equal OppoRUnity Employer
Invoice # : se5sz�
Invoice Due Date : Upon Receipt
Account Ba(ance: $654.00
Pay this Amount: g65a.0o
Transaction Description
Inv: 639027 080000632 Food Vending Machine Operator Expires: 03/11/2009
@ 658 CEDAR ST FL 1
Inv: 639027 �8000�632 Retai! Food - Restricted Food Service Expires: 03/1112o�9
Inv: 639027 080000632 Food Vending Machine (7@16.00) Expires: 03/11/2009
inv: 639027 080000632 Retail Fd
(Bj - Grocery 101-1000 sq ft Expires: 03/11/2009
Inv: 644850 Late Fee 7-30 days late (10°/0)
Inv: 646900 Late Fee 31-60 days late (10%)
Inv: 649571 Late Fee 61-90 days lafe (10%)
Inv: 652651 Late Fee 91-120 days fate {10°fo)
Requirements
Your account is overdue. Please mail payment today!!
'Submit wrrent list of vending machines indicating type of ifems heing soid and location of machine.
Please Give Us Your Email Address:
Transaction Total
136.00
79.00
11z.00
109.00
44.00
44.00
44.00
44.00
Invoice Amount Due: $564.00
Please Return this invoice with your payment!
���f��
�
3
Q
�
v
O
�
m
v
m
�
A
N
O
m
A
O
O
�
0
0
0
m
�
A
O
0
n
C
N
O
�
N
n
C7
O
C
7
.y.
�
m
m
�
0
cc
c
N
O
m
0
CI
N
0 0 0 0 0 0 0 0 0 0 0 0 0 oi ��
V 01 N A W W C`1 W W W I, N.��r
(� � � O W N � � � � � � � i i � X � � �
O O O O O O O O O O O O O O i� N�
O o O o o O o o O o p o O o� JE�p
(O cD c0 (O c0 (O t0 cD N W m W 6� W _ �
O� 01 m O� O� m W T� tlt (n tTt (T �� � �O �'
� N � � � � � � � � � � �l�< ��
m m N(O OJ O O O O A A A A;� �, i
�(T j O Cn N N N N W W W W`'G t� 9
O O�1 V J V 41 Q� (ID 9� � N ��
�;'�� Q m �
N� N N N N N+j`� � m ( �
iv co � o iv -� o co � m m v
� �P�
, � � � ��
N N N N N N N N N-+ ����
W Q1 V V � CT1 (P Gl Ul (11 (31 G3t (S (it �( � � � �
�� N( O rn m rn� c�0 N c c�0 t I`�G N ��
J m V O N(�p W V�( � V O (I I �
, �
N
� � � � � � � N
� A A A A A O� V W O V N O�� D
A N A A A A t0 N cD m 4t Ut qt (P ) �
O O O O O O O O O O O O O O'
O o 0 0 0 0 0 0 0 0 0 0 0 o i "'
( y �
A � IJ
o ° i �
o ,
o °o E
�
m � � � w
N A J� A A A O� V W � j'
A N A A? A(O N[O T O O O O O n .
O o 0 0 o O O o o O o O o 0 0 ��
p o 0 0 0 0 0 0 0 0 0 0 0 0 oE fl-
� 'D � 'D � (n C/] fn Cn � fn fn (n (n }
N N N N N W N N P1 N➢1 N N N J
fU N N N P1 N N fD N 3 N fD N f� # E`G �
`G `G `G K `G 3 { � X
!
m v w w v m ° m ° m ° m � w m ° m ° m !
��� g� o 0 0 0� o 0 0 0(
T�1 �l T T O O o O 3 O O O O�
N 0 N N N O O O O� O O O O�
N N N N N W(�J W�J " W W W Wj
'� m W V N N N N N N N N j
N -+ + � i
{. �<O W O JJ T]J T 7J JJ �I T i
N o o d tp o �p o <p �p o O j
y m a m m � w� � °_'� < °-' °-' < < §
SO `G K N
�G p� N d Ip O N d O N ry�
m w°+ ^''° W a o- ° o. q a� 0
� � !° A ; ' ' ' � ' ' rn
o , �o p � � p m �c �
� o��° o w w w o m m v - o
v m � � � � � > > � �
'� m m
O V Ti O p T � V I
� � O N � O N � �
� � a � a �
° o o m ° ° o � ° o I
m- 2 w z o
a o a o
� m � m
L ___
w� w� w w� w�
: � � � � 3 � ��p
��v x
0 0 0 0 0 0 0 0# m
N � � N � � � � R
C
� 7J
� � � N � � N � � �
N
� O � O O � O ��
J J 3 3 � 3 3 J j �
c c c c � c c c j �
� ti 3 � � � � j �,
« « « < -« « « < ( .. G
�I
D
�I
<
�
JJ
m
�
�
m
N
2�
�
m�
Z
-�
rnl ��
m
n
m
�
D
17
1
1
O
�
N
O
O
�
�
1
�
D
�
r
m
v
O
c
�
0
3
Z
1
d
7
N
C1
w
�
7
O
m
d
�
�
a
0
.Z.
�
I
� W
D �
�C"' N
� �
Z
rn a
� N
�.N
'D
�
m
f
�
!
Chapter 3] 0. Unifonn Licer Procedures
����(� �
Page 1 of 3
(m) Presumptive penalties for certain vio/ations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, ;he length of license
suspensions and the propriety of revocations, and shall apply to all license types, except that in
the case of a violation 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.
Alf penalty recommendat+ons for chapter 331A violations shal{ be based on the food pena{ry
guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every
case; however the council may deviate therefrom in an individual case where the council finds
and determines that there exist substantiai and compeliing 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:
Appearance
Type of Violation
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2�000.00 fine Revocation
placed on the license fine and 10-day
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 suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the ficensed activity, $500.00 fine $1,OOO.QO and 10-day Revocai+on
other than violations of the fine
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 $700.00 $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 empioyee
(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 g�50.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payable without hearing .