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09-1401Council File # Green Sheet # ' S RESOLUTION CITY F SAINT PAUL, MINNESOTA Presented by �g WHEREAS,� action was taken against the Retail Food Establishment — Farmer's Market license held by River Chocolate, Co. d/b/a River Chocolate Ca (License ID#20020003354) for the premises located at 290 — 5�' Street East in Saint Paul by Notice of Intent to Suspend License dated November 10, 2009, alleging licensee failed to pay delinquent license and late fees in the amount of $228.00; and WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the delinquent license and late fees; and 10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the 11 delinquent license and late fees by November 20, 2009, that the matter would be placed on the consent 12 agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Retail Food Establishment — Farmer's Market license held by River 15 Chocolate, Co. d/b/a River Chocolate Co., is hereby suspended. Requested by Departrnent of: � u�� c�.�.�. ��a.c:��.m� By: � �} !CA'�L/ S Adoption Certified by Council cre[ary BY� ' �o� Approve y ayo ' ate ��,�j� —�, By: � Form Approve�d by City � Form pprov -d ^ y or f, v mi i❑ to oancil By: Adopted by Cou�cil: Date ��a3�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet G�en� ��t 1/'� �-Tu )epartrnenUOffice/Council: Date Initiated: I S � _ Dept. of Safety & lnspections I 08 DEC 2009 � G reen Sheet NO: 3090857 �; Contact Person 8 Phone: j Virpinia D. Palmer , 266-8710 Must Be on Cour 23-DEG09 Doc. RESOLUTION � � Assign by (Date): ! Number � ..1� �'I For x �vu � ' Routing � Order E-Document Required: Y Document Contact: �ulie Kraus ContaM Phone: 266-8776 ToWI # of Signature Pages _(Clip All Locations for Signature) 0 1 2 3 4 5 � � Approval of the attached resolution to take adverse action against the Retail Food Establishtnent - Fazmer's Mazket license held by River Chocolate Co., d/b/a River Chocolate, Co. (License ID#20020003354) for the premises located at 290-Sth Street Eas[ in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Gommittee Civil Service Commission Persona{ Service Contreds Must Answer the Following Questions: 1. Has this person/firtn everworked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city empfoyee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any wrrent city employee? Yes No Explain 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 $228.00. ARex norification, licensee did not respond to the Notice of Intent to Suspend License. Advantages If Approved: Licensesuspension. Disadvantages If Approved: DisadvanWges If NotAppfoved: ToWI Amount of Transaction: Funding Source: Financial Information: (F�cplain) Cost/Revenue Budgeted: Activity Number: December 8, 2009 11:27 AM Page 1 o�t-� �oi SAINS PAUL � AAAA CITY OF SAINT PAUL ChrismpherB. Colem¢n, Mayo� November 10, 2009 OFFICE OF THE CITY ATTORNEY lohrz l Ciwi, C:ryAttorney Civd Divisian 400 City Ha11 IS West Ke(logg Blvd Snmt Pau[, Munesom 55102 Telephone: 651 266-8710 Fac,rimile: 651298-5619 NOTICE OF INTENT TO SU5PEND LICENSE Owner/Manager River Chocolate Co. 290 — 5` Street East St. Paul, MN 55101 RE: Retail Food Establishment — Farmer's Market license held by River Chocolate Co. d/b/a River Chocolate Co. for the premises located at 290 — 5` Street East in Saint Paul License ID #20020003354 Deaz Sir(Madam: The Depaztment of Safety and Inspections (DSI) has recommended suspension of the Retail Food Establishment — Fanner's Market license held by River Chocolate Co. d/b/a River Chocolate Co. for the premises located at 290 — 5` Street East in Saint Paul. The basis for the recommendation is as follows: On October 12, 2009, you were sent a letter and RENEWAL INVOICE from the Department of Safety and Inspections (DSI) indicating that your Retail Food Establishment — Farmer's 1VIarket license had expired as of July 5, 2009. Your license is now delinquent and you currently owe $228.00 ($164.00 in license fees and $64.00 in late fees). You were given until November 2, 2009 to pay the amount due. As of today's date that payment has not been received. At this time you have three options on how to proceed: You can pay the $228.00 in delinquent license and ]ate fees. If this is your choice, you should send the payment directly to the Department of Safety and Tnspections at 375 Jackson Street, Ste. 220, St. Paul, MN 55101-1806 no later than Friday, November 20, 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 will be considered a waiver of the heazing to which you are entitled. Affirmative Action Equal Opportunity Employer o�-��(-oI River Chocolate Co. November l0, 2009 Page 2 2. If you wish to admit the facts but contest the penalty, you may have a public heazing 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, November 20, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your license. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 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 Inspections (DSI), at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday, November 20, 2009. Information should be directed to the attention of Christine Rozek. If I have not heard from you by that date, I will assume that you do not contest the suspension of your license. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, �J;��„��.�. P�,,��,� C�-o�� Virginia D. Palmer Assistant City Attorney ca Christine Rozek, Deputy Director of DSI River Chocolate Co., P.O. Box 289, River Falls, WI 54022 STATE OF MINNESOT/ , ss. COUNTY OF RAMSEY ) �'i�oi Julie Kraus, being first duly sworn, deposes and says that on the � day of November, 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/Manager River Chocolate Co. 290 — 5�' Street East St. Paul, MN 55101 River Chocolate Co. P.O. Box 289 River Fa11s, WI 54022 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. w�--- �°�1�,�, 9__J Julie Kraus Subscribed and sworn to before me this� ay of November, 2009 �� ,� N ary Public � AFFIDAVIT OF SE._ . ICE BY U.S. MAIL RITA M. BOSSARD NOTARY PUBLIC - MMNESOTA MY COMMISS ION EXPIRESJAN 37 20 �'� � �,-^„