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09-1198Council File # (� '��� q O Green Sheet # � Presented by RESQLUTION �� OF SAINT PAUL. MINNESOTA WHEREAS, adverse action was taken the Mobile Food Vehicle license held by Fue Hang d/b/a Fue Hang Ice Cream (License ID #20080001682) for the City of Saint Paul by Notice of Intent to Suspend License dated September 3Q 2009, alleging licensee failed to pay delinquent license and late fees in the amount of $364.00 and submit requested information; and 6 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office recommended 7 license suspension and a$500.00 matrix penalty; and 8 9 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the 10 delinquent license and late fees, the $500.00 matrix penalty and submit the requested information; and 11 12 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the 13 delinquent ]icense and late fees, the $500.00 matrix penalty and submit the requested information by 14 October 9, 2009, that the matter would be placed on the consent agenda to impose the recommended 15 penalty; now, therefore, be it 16 17 RESOLVED, that the Mobile Food Vehicle license held by Fue Hang d{bJa Fue Hang Ice Cream is 18 hereby suspended for failure to pay delinquent license and late fees. 19 20 FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $500.00 far failure to 21 submit the requested information. Payment of such penalty shall be made within thirty days of the date of 22 the adoption of this resolution. Requested by Depaztment of: � /.c,i3.�� . �.�.. �..D'Y��m S U BY: � � /�a2,c.A-� � � Form Approved by City By: _��L� Adoption Certified by Council cretary Form Aqpfoved y Ma� r for Su 'ssion to Counci] /// j, � $ y' _ _ • BY� (l iJ Approved y � ' ate �! ��� � — By: � Adopted by Council: Date l%����-% � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet I DepartrnentlOffice/Council: � Date Initiated: i� o�-��qg � S � _ Dept. of Safety & Inspections � �6 OCT 2009 � G reen S heet N O: 3084517 � ' Conqct Person & Phone: �' ', Virpinia D. Palmer y o , 266-87'10 . i ', Must Be on Council /\qenda by ' 28-0CT-09 / (' M„ n � . � Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Julie Kraus Contad Phone: 266-8776 Total # of Signature Pages _(Clip AII Locations for Sig Action Requested: Approval of the attached resolution to take adverse acfion against The Mobile Food Vehicle license held by Fue Hang d/b/a Fue Hang Ice Cream (License ID#20080001682) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civd Service Commission Assign ' 2 Number ; 3 For I Routing �' 4 Order 5 �� 6 i � � $ ( 9 m �. `� Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay delinquent license and late fees of $364.00 and submit requested information. After notification, licensee did not respond to the Norice of Intent fo Suspend License. Advantages If Approved: License suspension and imposition of $500.00 matrix penalty. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial {nformation: (Explain) CosURevenue Budgeted: Activity Number: October 16, 2009 2:40 PM Page 1 ��-F��� SAINi PAUL � AAAA CITY OF SAINT PAUL Christopher B. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey Telephon e: 651266-877 0 Facsimile: 651 298-56 7 9 September 30, 2009 Civil Divisron 400 City Hall 75 West Keliogg Slvd. SaintPaul, Minnesota 55}02 NOTICE OF INTENT TO SUSPEND LICENSE Fue Hang Fue Hang Ice Cream 369 Fuller Avenue St. Paul, MN 55103 RE: Mobile Food Vehicle license held by Fue Hang d/b/a Fue Hang Ice Cream for the City of Saint Paul License ID #20080001682 Dear Fue Hang: The Department of Safety and Inspections (DSI) has recommended suspension of the Mobile Food Vehicle license held by Fue Hang d/b/a Fue Hang Ice Cream for the City of Saint Paul. The basis for the recommendation is as follows: According to Department of Safety and Inspections (DSI) records, your Mobile Food Vehicle license expired on May 21, 2009 and you owe $364.00 in delinquent license and late fees. Also, in order to maintain your license, you were asked to do the following; l) submit a cunent State of Minnesota Workers Compensation Form; 2) schedule an Environmental Vehicle Inspection; 3) submit current vehicle information; 4) state the ►ocation of the Commissary; 5) state the location of the food sales (with a site ptan); 6) list detailed vehicle information such as VIN #, plate number, year, make & model); and 7) state location of vehicle storage (with site plan). You have been sent several delinquent invoices and DSI staff left messages on your answering machine. In addition, on July 17, 2009, a letter was sent to you regarding these issues, but you have not responded. As of today's date, neither the delinquent license and late fees nor the requested information has been received. In addition to the suspension of your license, per Saint Paul I,egislarive 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. Fue Hang Ice Cream September 30, 2009 Page 2 At this time, you have three options on how to proceed: ��-l� �8 You can pay the delinquent license and late fees, the $500.00 matdx penalty and submit the requested information. If this is your choice, you should send the payments and requested information direcfly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-] 806 no later than Friday, October 9, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and late fees, matrix penalty and submission of the requested information will be considered to be a waiver of the hearing to which you are entifled. 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 public hearing. We will need to receive your letter by Friday, October 9, 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 appear before the Council and make a statement on your own behatf. 3. If you no longer wish to do business in the City oF Saint Paul, you will need to send a written statement to that effect to the Department of Safety and Inspecuons, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday, October 9, 2009. Information should be directed to the atteniion 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 questions about these options, please feel free to contact me at 266-8710. Since:ely, 1 �.�,� ���� Rachel Tierney/Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI n rr_—""`•___ " "`_ _ _ .- . ,-. STATE OF MINNESOT ^ ` , ss. COUNTY OF RAMSEY ) ��-�!�� Julie Kraus, being first duly swom, deposes and says that on the 3 ���day of September, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Fue Hang Fue Hang Ice Cream 369 Fulier Avenue St. Paul, MN 55103 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Juli aus Subscribed and sworn to before me this 3U �`day of September, 2009 �l.4�0 �✓G�r� .. ��GC/1 G�/C'�Y1�2 Notary Public , �.�. . n•v���� �,.�_ � :�, Sus�niNarieJanisch-�vamer ' P • R41�'NESOiA . < M!`C.�[t5WiI5�10k , ;�' EXPI�icS3HN.31�2092 ������,,�,�„��-. AFFIDAVIT OF SE,_ r ICE BY U.S. MAIL � d 7 Q C1 s � -� � � N N � O O O 0 N w rn 0 0 w A O O n C r O � N n O c 3 W m v 3 � �o w � A C O �-;��tg N W� � m �l1 \J Q1 �I1 � (U j N O � N N N N N N i � � N(D O N N W N N(� X W O N 1 O O O O O O O O �� N� N c�o � c�o c�D � c�o m m f J � O 1 � � I � W C�f� (�J� ( j A O I T� < C � .� W 01 W A V 1(D O RI • A W O�i ��(,�n ( I`G n' �� V O+ m V O (T � N � D � z � o � �i � � �� � W W;� � � � � �; � kv � � .�+ (J N N N N N� 4 O 91 O l0 (O Q) W�(D CO t j� y O/T O A O J O o �p � O N W�( � W( �`G A1 N i m(T W J(n m � � � N N � N N � N � A A A A A A W 3 `� D � O O O O O O O� � 0 0 0 0 0 0 0 0�_ � � C I� � m N � � ... _ w �D D o l,._a � � n � W c m �� n 3 v N w - 0 77 A A A A A A O O� n� m o O o 0 o O o O�� �- � � 9 � � � � � �� 3� J j j� K� m N m m N y� y �G � `G `G `G `G `G � � x w� v v m m� � � � � � � o � o � � � � � o � o m m m m m m� m � � m � v m � � N N N � o a° o° 3 3 m n a m Q ° _v .� a m m � m � ; m `G N y � � N N N� O O� � N 91 2 0� O. O. � y ^ m'"^ ' G G � °� o o° m m� W e o o e� o �i a �.,��. m m � T 3 N w rn 0 0 N N � m 0 m �' `m K a � z w � N r m � A c . 0 3 m --I � � 7 D y N ~ � 3 O � N � N � 0 :3 C � m � i � W � N 1 __ ,� � � D s N � O x r � � o m� �"y s � ' Z Q c � �7 j m � �� o � : w �; �� � �� w � �6 C »t N ««-<<<<�G Chapter 310. Uniform Licen� °roceditres iJ ���'r� O Page 1 of 3 (m) Presumptive pena/ties ior 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 a41 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. A11 penalty racommendations 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 may deviate therefrom in an individual case where the council finds and determires that there exist substantial and compelling reasons making it more appropriate to do so. :"Jhen deviating from these standards, the council shall provide written reasons ihat 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 $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 licensed activity, $500.00 fine $1,000.00 and 10-day Revocation ather 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 employee (7) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n!a related to vio{ation oS law or license conditions (8) Failure to pay license Revocation fees 9 Critical violations under $1,000.00, 5- � � $250.00 $500.00 day Revocation 331 A suspension (10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under331A (i) Fines payable without hearing .