09-1402Council Fyle # V'� � �"
Green Sheet # � ��y
RESOLUTION
PAUL, MINNESOTA
Presented � l
��
1 WH��E�S.a'dverse action was taken against the Liquor-Outdoor Service Area (Sidewalk) license
2 application submitted by Ziegler Enterprises, Inc., d/b/a The Glockenspiel Restaurant (License ID
3#20070000211)for the premises located at 605-7�' Street West in Saint Paul by Notice of Intent to Deny
4 License dated November 9, 2009, alleging licensee failed to submit required information in order to
5 complete the application process; and
WHEREAS, the licensee did respond to the Notice of Intent to Deny License to request an
extension and was then referred to the Department of Safety and Inspections (DSn, but licensee failed to
contacY DSI request the extension; and
10
11 WHEREAS, the Notice of Intent to Suspend License stated that if tbe licensee failed to submit the
12 required information by November 19, 2009, that the matter would be placed on the consent agenda to
13 impose the recommended penalty; now, therefore, be it
14
15 RESOLVED, that the Liquor-0utdoor Service Area (Sidewalk) license application submitted by
16 Ziegler Enterprises, Inc., d/b/a The Glockenspiel Restaurant is hereby denied.
Bostrom
Caz[er
Harris
Adopted by Council: Date
Yeas Nays Absent Requested by Department of: �
J �� g,. �yy�o OOS.i..�., S
1==
✓
� BY� ��l.�.a,la�.-..¢/ lq' l--�`�,t.l`'
✓
✓
Adoption Certified by Coug�1 Secretary
BY� l d /i��st�i/ /I.i��i��
Appro b Date � (p
By:
Form
By:
Form
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
JepartmentlOffice/Council: Date Initiated: I �± �' � ` �
SI -Dept.ofSafety8lnspections I OSDEC2009 � t7rep.n Sheet N� 3090876
! Contad Person & Phone:
' Virpinia D. Palmer
I 266-8710
'� Must Be on CouncB genda by (Dat
i 23-DEG09 ��c����
�i Doa Type: RESOLUTION
�
i
I EAocument Required: Y
Document ConWct: Julie Kraus
Contad Phone: 266-8776
y ; a
j i
Assign i 2
Number 3
For
Routing 4
Ordes I 5
Total # of S Pages _(Clip Al l Locations for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against the Liquor-Ou[door Service Area (Sidewalk) license application
submitted by Ziegler Enterprises, Inc. d/b/a The Glockenspiel Restaurant (License ID#200700002ll) for the premises located at
605-7th Street West in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Pfanning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirtn everworked under a contract for this department?
Yes No
2 Has this person(firm ever been a city empioyee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current city employee?
Yes No
Exp{ain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit the required information in order to complete the application process. ABer nofificalion, license did respond
to thz Notice of Intent to Deny License to request an extension and was referred to DSI, but licensee failed to contact DSI to request
the extension.
AdvanWgeslfApproved:
License denial.
Disadvantages If Approved:
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number.
December 8, 2009 11:34 AM Page 1
o � -� �
SwINT
PAUL
�
IIIIAA
CITY OF SAINT PAUL
Christopher 8. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
John J. Choi, CrfyAttomey
Civil Division
400CityHall Telephone:651266-8710
15 West Kellogg B/vd. Facsmile: 657 298-5619
Saint Paul, Minnesota 55102
November 9, 2009
NOTICE OF INTENT TO DENY LICENSE
Mar[in Ziegler
The Glockenspiel Restaurant
605-7`" Street West
St. Paul, MN 55102
RE: Liquor-Outdoor Service Area (Sidewalk) license application submitted by Ziegler Enterprises, Inc.
d/b/a The Glockenspiel Restaurant for the premises located tat 605-7` Street West in Saint Paul
LicenseID #20070000211
Dear Mr. Ziegler:
The Department of Safety and Inspecuons (DSI) has recommended denial of the Liquor-Outdoor
Service Area (Sidewalk) license application submitted by Ziegler Enterprises, Inc. d/b/a The Glockenspiel
Restaurant for the premises ]ocated at 605-7'" Street West in Saint Paul. The basis for the recommendation
is as follows:
On April 1, 2009, you received electronic mail from a Department of Safety and
Inspections Project Facititator. The electronic mail stated that your license
application was pending until you submitted a new set of copies of the requested
information (i.e. letter requesting to add this license type, a petition, a site plan,
general liability insurance, etc...). You were given untit Apri117, 20p9 to submit
the requested information. As of today's date, that information has not been
received.
At this time you have three opuons on how to proceed:
L You can submit the requested informarion. If this is your choice, please send it to the Departrnent
of Safety and Inspecqons (DSI) at 375 Jackson Street, Suite 220, St. Paul, Minnesota 55101-1806
no later than Thursday, November 19, 2009. Informarion should be directed to the attention of
Christine Rozek. Submission of the requested information wil] be considered to be a waiver of the
hearing to which you aze entitled.
2. If you wish admit the facts but contest the denial, you may have a public hearing before the
Saint Paul City Council, you will need to send me a letter with a statement admitting [he facts
and requesting a public hearing. We will need to receive your letter by Thursday, November
19, 2009. The matter will then be scheduled before the City Council for a public hearing to
determine whether to deny your license. You will have an opportunity to appeaz before the
Council and make a statement on your own behaif.
U�-(�a�-
The Glockenspiel Restaurant
November 9, 2009
Page 2
3. You may withdraw your license application. Send a written statement to that effect to the
Deparhnent of Safety and Inspections at 375 Jackson Street, Suite 220, St. Paul, Minnesota
55101-1806 no later than Thursday, November 19, 2009. Information should be directed to
the attention of Christine Rozek. Any request for a refund of the license application fee must
also be made in writing to the Department of Safety and Inspections.
If you have not contacted me by that date, I will assume that you do not contest the denial 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 quesrions, feel free to call me at (651) 266-8710.
Sincerely,
V��,,v..� � � P��� � �-�
Virgima D. Palmer
Assistant City Attorney
cc: Chrisane Rozek, Deputy Director of DSI
The Glockenspiel Restaurant, c/o P.O. Box 52, Sanbom, MN 56083
STATE OF MINNESOT ' `
� ss.
COUNTY OF RAMSEY )
�� , (+,�Q �-
Julie Kraus, being first duly sworn, deposes and says that on the 1" � day of
November, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a
true and conect copy thereof in an envelope addressed as follows:
Martin Ziegler
The Glockenspiel Restaurant
605-7�' Street West
St. Paul, MN 55102
The Glockenspiel Restaurant
c/o P.O. Box 52
Sanborn, MN 56083
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United 5tates mail at St. Paul, Minnesota.
l,�
Ju ' Kraus
Subscribed and sworn to before me
this �day of November, 2009
�� ��, ��
Notary Public
AFFIDAVIT OF Sr.__ JICE BY U.S. MAIL
RRA Rt. 80BSAR0
PDTARY PUBLIC. MIPB�ESOTA
MY COMIypSSION
*�+�+• EXPIRESJAN 31,2010
»+.�.