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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 .