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09-218Council File # � Green Sheet # 30 RESOLUTION PAUL, MINNESOTA Presented by l� 1 WIIEREAS, adverse action was taken against all licenses held by Daza Thai, Inc. d/b/a Dara Thai 2 Restaurant (License ID #20070001876) for the premises located at 769 Milton Street North in Saint Paul, 3 by Notice of Intent to Suspend Licenses dated January 14, 2009 alleging licensee failed to pay delinquent 4 license and late fees in the amount of $3,697.50 and submit 2008 gross receipts showing a breakdown of food and alcohol in violation of license condition #3; and 6 7 9 10 11 12 13 14 15 WHEREAS, the licensee did respond to the Notice of Intent to Suspend Licenses to pay the $3,697.50 in license and late fees but failed to submit the 2008 gross receipts showing a breakdown of food and alcohol in violation of license condition #3; and WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to submit the 2008 breakdown of food and alcohol by January 26, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that all licenses held by Daza Thai, Inc., d/b/a Dara Thai Restaurant are hereby 16 suspended. Bosffom Carter Stark Thune Adopted by Council: Requested by Deparhnent of: ��.�— By: i S � �J �/ Form A oved by City Attorney ,/ By: �,,,�...Q. Tlvt, Date ' „%S�j/�✓ � Adoption Certified by Counc'1 Secretary Form Appr�v�d b�} `3yfayor fo S �bmi ion to Council BY� i� S By: uf%\./ ( U� Approv y M `o� Date � (� I By: p � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � )epartment/�ce/Council: � Date Initiated: i � 1 C p � �d S � _DeptofSafetyRlnspections � 10-FEB-09 ; Green Sheet NO . 3�66�1(7 ___ � Conpct person 8 Phone: � Rachel Tiemey � 2ss-a��o � Must Be on Counci gend 25-FEB-09 �"ons i � Doc. Type: RESOLUTION I E-DOCUment Required: Y i DocumentCOnWct: i ConWCtPhone: � AsSign Number For Routing Order ToWI # of Signature Pages _(Clip All Locations for Signature) 0 � 2 3 4 5 Deoartment Dirxtor Approval of the attached resolution to take adverse action against all licenses held by Daza Thai, Inc, d/b/a Daza Thai Restaurant (License ID#20070001876) for the premises located at 769 Milton Street North in Saint Paul. RecommendaGons: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person�rm ever worked under a contract for this departmenY? Yes No 2. Has this person/firm ever been a ciry employee� Yes No 3. Does this personffrm possess a skill not normally possessed by any current city employee� Yes No Explain all yes answers on separate sheet and attach io green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay delinquent license and Iatz fees of $3,697.50 and submit the 2008 gcoss receipts showing a breakdown of food and alcohol in violarion of liceuse conditions #3. After notification, licensee did pay the delinquent license and late fees but failed to submit the 2008 gross receipts. Advantages If Approved: License suspension. DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of TransaMion: Funding Source: Financf al Information: (Explain) CosVRevenue Budgeted: Activity Number: February 10, 2009 11:41 AM Page 1 b�-� r8 SAiNT PAUL CITY OF SAINT PAUL � Chris�ophe� B. Coleman, Mayar Al1AA January 14, 2009 OFFICE OF THE CITY ATTORNEY John J Choi, Qry Attornry Crvil Drvrsion 400 Caty Hal( I S West Kellogg Blvd Samf Paul, Mmnesola 55/02 Telephone 6512668710 Fauimrle 651298-5619 NOTICE OF INTENT TO SUSPEND LICENSES Owner/Manager Daza Thai Restaurant 769 Milton Street North St. Paul, MN 55104 RE: All licenses held by Daza Thai, Inc. d/b/a Dara Thai Restaurant for the premises located at 769 Milton Street North in Saint Paul LicenseID #20070001876 I�Z�.�i7/TUF.�.F� The Department of Safety and Inspections (DSI) has recommended suspension of all licenses held by Dara Thai, Inc. d/b/a Dara Thai Restaurant for the premises located at 769 Milton Street North in Saint Paul. The basis for the recommendation is as follows: On December 18, 2008, DSI received noHce that a check for $3,051.50 you submitted in payment of your license fees was dishonored by the bank. The amount now due is $3,697.50 which includes late fees and a $30.00 fee for a returned check. As of today's date the fuil amount has not be submitted. Also, the 2008 gross receipts for food and alcohol you submitted were not acceptabie because they did not show a breakdown between food and alcohol. This is a violation of license condition #3 which states: "Licensee will provide annually copies of gross receipts from the sale of food, wine and beer showing at least sixty (60) percent attributable to the sale offood" Therefore, the licensing office will recommend suspension of all your licenses until the delinquent license, late fees and returned check fee is paid in full and the 2008 gross receipts are submitted showing the breakdown between food and alcohol. Affirmative Action Eaual OnDOrtunitv Emnlover G9-�f� Dara Thai Restaurant January 14, 2009 _ _ _ _ _ Page 2 . At this time you have three options on how to proceed: You will need to pay the $3,697.50 in full bv cash, cashier's check or credit card onlv and submit your 2008 gross receipts for food and alcohol to the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, January 26, 2009. Information should be directed to the attention of Christine Rozek. Payment of the penalty and submission of 2008 gross receipts for food and alcohol will be considered to be a waiver of the hearing to which you are entitled. 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 Monday, January 26, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your licenses. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, January 26, 2009, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the suspension of all of your licenses. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, �.� ` �,"� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Song Thao, 1521 Cumberland Street, St. Paul, MN 55117 Tait Danielson Castillo, Exec. Director, Thomas-Dale/District 7 Planning Council 533 North Dale Street, St. Paul, MN 55103 Affirmative Action Equal Oniiortunitv Emnlover STATE OF MINNESOT' ` � ss. COUNTY OF RAMSEY ) b�1-� % � Julie Kraus, being first duly sworn, deposes and says that on the 14�' day of January, she served the attached NOTICE OF INTENT TO SUSPEND LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Dara Thai Restaurant 769 Milton Street North St. Paui, MN 55104 Song Thao 1521 Cumberland Street St. Paul, MN 55117 Tait Danielson Castillo, Exec. Directar Thomas-Dale/District'7 Planning Council 533 North Dale Street 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. n' �� Ju 'e Kraus Subscribed and sworn to before me this 14`� day of Januazy, 2009 ��,�„ Notary Public ` y .x��, .�«<,�,�--�,��.. 3 � �:sa�? i�faris Jar ,� � ". � ,�� Na�7;R1' pU6LlC • MlN�ESQ?p? { � �'4'a,�.�° �;Y�C2i'��9iSS16� 3,�' s.__11°•�>� ;�:PRR�S.F�.."g,�?,24i1 h - - ' � - T -- , _, ��.- ;,_ .,� AFFIDAVIT OF S�__ JICE BY U.S. MAIL