The URL can be used to link to this page

09-219Council File # (�j—� Green Sheet # RESOLUTION Presented by ;G :ITY OF_SAINT_PAUL, MlN�ESOTA - /5 1 ��— 1 WfIEREAS, adverse action was initiated against alllicenses held by Deborah 7. Neville d/6/a 2 Neville's Bar & Crrill (License ID #20060003236) for the premises located at 1905 Stillwater Avenue in 3 Saint Paul by Notice of Violation dated January 23, 2009, alleging licensee submitted liquor liability 4 insurance with a lapse in coverage from December 2b, 2008 through 3anuary 16, 2009 in violation of 5 Saint Paul Legislative Code §409.26(b) (12); and 6 7 WHEREAS, the licensee did respond to the Notice of Violation by contacting the City Attorneys 8 Office regarding options, but then failed to follow up with a written request for a hearing; and 9 10 11 12 13 14 15 16 17 18 WHEREAS, the Notice of Violation stated that if the licensee failed to request a hearing by Februazy 2, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that a11 licenses held by Deborah J. Neville dlbla Neville's Bas & Gxill are hereby suspended for ten days for the lapse in liquor liability insurance from December 26, 2008 through January 16, 2009, in violation of Saint Paul Legislative Code §409.26(b)(12). Said suspension shall become effective at 12:01 am. on Wednesday, March 18, 2009, and last until 11:59 p.m. Friday, March 27, 2009. Bosrtom Carter Harris Requested by Department of� �� I� Adopted by Council: Date Adoption Certified by Co eil Secretary By: Approv by a o. Date � i1� By: Form A oved by City Attomey By. ��c�,t.�Q Tt�i�,T— Form Appr d b May for iss' n to uncil By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �eaartmenNOffice/Counr.n� i nafe ��r��r>,�. ! �'� j S � _ Dept. of Safety & Inspedions � � �_FEB-09 Rachel Tiemey 266$710 Must 8e on Counc�i genda by (D f 25-FEB-09 (� Doc. Type: RESOLUTION E-Document Required: Y Oocument Contact: Julie Kraus � � o i 1 Assign Z Number '; For ' 3 Routing � 4 Order i 5 Cantact Phone: 266-8776 I I Total # of Signature Pages _(Clip All LncaUans for Signature) � Approval of the at[ached resolurion to take adverse acrion against al] licenses held by Deborah J. Neville d!b!a Neville's Bat & Grill (License ID #20060003236) for [he premises located at 1905 Srillwater Avenue in Saint Paul. RecommendaGo�s: Appmve (A) or Reject (R): Planning Commission CIB Commiriee _ . Civil Servioe Gommission Personal Service CoMrects Must Answerthe Following Questions: 7. Has this person/firm ever worked under a contract for this department? Yes No 2 Has this person/firm ever been a city empioyee? Yes No 3. Oces Ihis person�rm possess a skill not rwrmally possessed by any current city empioyee? Yes No Explain all yes answers on separate sheet antl attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee submitted liquor liability insurance with a lapse in wverage from Decem6er 26, 2008 through January 16, 2009 in violation of Saint Paul Legislative Code Section 40926(b)(12). After nori£icati�.on, licensee did resgond to Notice of Vio]arion but did not submit a request for hearing by the February 2, 2009 deadline. Advantages If Approved: 1� day closure of establishment. Disadvantages If Approved: Oisadvantages It Not Approvetl: Sotal Amount of Transaction: Funding Source: Financlai Information: (ExPlain) CostlRevenue Budgetetl: Activity Number. February 11, 2009 10:36 AM Page 1 o i-�i� $AiNT PAUL � AAl1A CITY OF SAfNT PAUL Chnstopher8 Coleman,Mayor January 23, 2009 QfVll ONlSlOO 400 Cify Hall 15 West Keliogg B/vd. Saint Paul, Mnnesota 55102 NOTICE OF VIOLATION Deborah J. Neville Neville's Bar & Grill 1905 S611water Avenue St. Paul, MN 55119 Teiephane: 65i 2668770 Facsimile: 65l 298-5619 RE: All Iicenses held by Aeborah J. Neville d/b/a Neville's Baz & Grill far the premises located at 1905 Stillwater Avenue in Saint Paul LicenseID #:20060003236 Deaz Ms. Neville: The Department of Safety and Inspections (DSI) will recommend suspension of all licenses held by Deborah J. Neville d/b/a Neville's Baz & Grill for the premises located at 1905 Stiliwater Avenue in Saint Paul. The basis for the recommendation is as follows: According to Department of Safety and Inspections (DSI} records, you submitted a Certificate of Liquor LiabiLity Insurance with a lapse in coverage from Aecember 26, 2008 to January 16, 2009. This is a violation of Saint Paul Legislative Code §409.26 (b) (12). Therefore, the licensing office will recommend a ten (10) day closure of your establishment for failure to comply with statutory and ordinance requirements for liability insurance. At this time, you have three options on how to proceed: 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 Monday, February 2, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the ten (10) day suspension of your licenses. You will have an opportunity to appear before the Council to make a statement on your own behalf. - OFFICE OF THE CITY ATTORNEY John J Cho�, CityAttomey AA-ADA-EEO Employer Neville's Baz & Grill January 23, 2009 Page 2 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City wili be able to appear and present witnesses, evidence and cross-examine each other's wimesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, February 2, 2009, and I will take the necessary steps to schedule the administrative hearing. a9-� �9 3. If you no longer wish to do business in the Ciry of Saint Paul, you will need to send a written statement to that effect to the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St, Paul, Minnesota 55101-1806 no later than Monday, February 2, 2009. Information should be directed to the attention of Christine Rozek. If you have not contacted me by that date, I will assume that you do not contest the ten (10) day suspension of your licenses. In that case, the matter will be piaced on the Council's Consent Agenda for approval of the recommended penalty. If you have quesfions about these options, please feel free to contact me at 266-8710. Sincerely, �Cl�i�,r �i2rn.�� `�'�i Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Deborah 7. Neville, 2067 Mohawk Avenue, St. Paul, MN 55119 Chuck Repke, Exec. Director, District 2 Community Council Greater East Side 1961 Sherwood Avenue, St. Paul, MN 55 1 1 9-3230 AA-ADA•EEO Employer �-.�i4 -- - A�Q�s £ER�1�'1CAT�OF LIABlLITY INSURANCE ii4lzoo ' �� (651) 731-9794 PA%: (651) 731-9796 THIS CER7IFlCATE IS ISSUEO AS A MATTER OF INFORMqTfOM Insurance Srokers of bIIt, Iac �NLY AND CONFERS NO RIGHTS IIPON THE CERTIFlCATE HOLDER TN�S CERTIFlCATE �OES NOT AMENp, FF�(TTF1Vp OR 1397 Geneva Ave N. ALTER THE CtlVEIiAGE AFFORDEO BY TNE POLICIES BELOW. Oakdale NIIi 55128 INSURERSAPFORDINGCOVERAGE NAIC# ��° itasursEnn 18988 Neville, Deborah T, DBAe Neville's Bar & Grill �ruur�na:8urliagton ins Comp 1905 Stillwatar Ava �� ir�suRrn o: St Paul DIIi 55119 i�q�E THE POLICIES OF INSURANCE L5TED BELOW HAVE BEEN ISSUFD TO THE INSURED NAMED ABOVE FOR THE POLICV PERIOD INOICATED. NO7WITHSTANOING AN REQUIREMENT, TERM OR CONDITIDN OF ANY CONTRACT OR OTHER DOCUMEN7 WITM RESPECT TO WHICH THIS CERi7FICA7E MAY 8E ISSUEO OR MAY PERTAIN 7HE INSURANCE AFFORDED HY THE POLICIES DESCRIBED HEItEiN IS SUBJECT TO ALL THE TERMS, EXGLUSIONS AND CONDITIONS OF SUCH POUCIES. WN 1NSit O'L POLICVEfFECfiVEPoLICYEIIPIRATION TTEQFINSURANCE PQUCYNUMBFR �A1E MT6 L04S5 GENERALLWBILRY FAC CCU ENCE E OAM4GE TO REMFD GMN�FRCIAL6ENFRAlLIh81UN PREMIS rtenrc 5 CWMSMADE ❑p��,4R MEDEXP one g PERSONA &AOVIWURV 5 ERAL TE S GFN'LAG6REG4iELIMITAPPIJE$ pROp i _��MP A $ PRO- �LICY JE LOG AUTOMO&LE W1BLLllY COMBIN� SINGLE UMIT ANYAIIIO (Eaamaent7 S ALL OWNED AUTO$ BODILY INJURY SGHEDULEDAUTOS � /�(�/� j /�� ) $ HIR�Atli05 IfYCAV� -] �� f✓ t BODILYINJURY NON-0WNmAVf05 � �, •�- � (Pe+mf.d¢nt) S ��,fp�b8 -}'0 w+o�xxwmuce $ (Peraamant7 GARAGEUA&4TY ' (� / � A � AUTOONLY-FAAC(:IOENT S ANYA13�0 r � � on+Ea rwa AtITOONLY: AGG S E%GESSNMBFELLALIPe1LtTY Eq NCE S OCCUR � (IAIMS MHOE p��q� E % OEDUC1l8LE E F M WORKENuGOMPENSAiIONAND � ATU- OR OAPIOYERS' 13A&LRY ANYPROPRIETORIPARTNEWEXECUT}VE ELEACHACGOENT S OFFICERIMQABER IXCLUDE�? Ifyes. desvibeunder ELOISEASE-EAEMPLOV 3 SP��p�� ELOi5EA5E-POLICYllMiT $ S�TH� Liqaor Liahilitp SiZ94.01 O1f16j2009 D1/16/2010 par occuzraace 300,000 Pe= a9�'<9ate 640.�00 OESGIEIPTIDN OF OPERATIONSILOCATIONSNEHICLESIIXGLIISIONS ADOm BY ENDORSEMENT/SPECLIt PROVISIONS Tye City of St Paul is aa Additioaal Insuzed ia regards [o Siqnage. 266-9040 kz City o£ Sti Paui O£EiCe o£ LBIP 8 4th St E Ste 200 5t Paul, t�A7 55101 ACORD 25 (2001/08) iucn�c.,,.�o,,,w 'SC�Cl. Sipd SHpULD ANY OF THE ABOVE OESGWBED POLICIFS BE CANGELLFD BEFORE THE �afwmor �AiE rnenEOF, TMe +sswwc rosur�x vnu ErroEavox To nwL 3 0 nnrs wrsm� NoncE ro Txe cEanACare xo�n�re wvneo ro me �r, aur FAILIIRE TO 00 50 SHALL IMPOSE HO 08L1GAliON OR LIA&{3TY OF ANY qNp UPON 1XE INSURER.IiSAGENI80R REPRESENTATNES, AUTHONZED WEPRFSEM'ATNE ' --'- ".' A Anderson/ANI7REA �� ACORO CORPORATIQN t988 `/ ^ n:g= � H� 7 /71//IG' /' :. .._ 1 .. Chapter 409, Intox3cating Liquor* Page 1 of 4 �1 �/9 Sec. 409.26. Intoxicating li�uo�nnni►t#o-xieaftngmatf liquor, presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the fength of license suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale ficensed premises for both intoxicating iiquor under ihis chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefirom in an individual case where the council finds and determines that there exist substantial and compelling 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. (b) Presumptive penalties for violations. Adverse penalties for convictions or violat+ans shal{ be presumed as follows (uniess specified, numbers below indicate consecutive days' suspension): TABLE fNSET: Type of Violation Commission of a felony (1) related to the licensed (2) (3} Sale of alcohol beverages while Iicense is under Sale of alcoholic beverages to underage � Sale of alcoholic beverage to intoxicated person. � After hours sale of alcoholic beverages. After hours display or (6) consumption of alcoholic Refusal io atlow city � inspectors or police admission to inspect premises. � tilegal gambling on � (10) (11) Failure to take reasonabfe steps to stop person from feaving premises with aicoholic beverage. Fai4ure to make application for license renewal prior to license expiration date. Sale of intoxicating liquor where only license is for Appearance 1st 2nd 3rd Revocation NA NA Revocation NA NA Fine Fine Fine Fine Fine 6 Fine 4 5 15 Fine 6 Fine 4 Fine 6 Fine 6 Up to 18 Upto18 18 12 Revocation 18 12 18 18 http:f(library4.municode.comf4472/DocView/10061f 1/31'1f405?hilite=409; 4th NA NA Revocation Revocation Revocation Revocation NA Revocation Revocation Revocation Revocation 1l22/2009 Chapter 409. Intoxicating Liquor* Failure to com¢{y with_ _ {42} statutory; and ordinance requirements for liability insurance. 10 � Revocation ` NA I NA Page 2 of 4 � / For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which wouid be a first appearance not involving multipie violations, a fine shall be imposed accord'+ng to the following schedule. For those violations which occur in on-sale intoxicating liquor establishments listed above in �umbers (3) and (4), which would be a second appearance not involving muitipie violations, the fine amounts set forth below shall be doubied. Seating capacity 0--149 . . . $ 500.00 Seating capacity 150 and over ... 1,000.00 For those violations which occur in off-sale intoxicating liquor estab(ishments listed above in numbers (3), (4), (5), (6), (S), (9), (10) and (11), which would be a first appearance not involving multiple violations, a fine shail be +mposed according to the following schedule, based on the square footage of the retail area of the establishment. For those violations which occur in off-sale intoxicating liquor estabiishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth befow shail be doubled. 5,000 square feet or less ...$ 500.00 5,001 square feet or more ... 1,000.00 A licensee who would be making a first appearance before the council may elect to pay the fine to the department of safety and inspections without an appearance before the councif, unless the notice of vio4ation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitfed, and shall be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the council sha{I consider and act upon aif the violations that have been alleged and/or incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such viotation under the "1 st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attomey prior to the hearing date before an administrative law judge (or before the councii in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shaH in that case be treated as though part of the "1st Appearance." in all other cases, violations occurring after the date of the forma{ notice of hearing shafl be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shafl apply to a second, third or fourth appearance before the council. (d) Suksequent appearances. Upon a second, third ar faurth appearance before the council by a particular licensee, ihe council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particuiar vioiation or violations that were the subject of the first or prior appearance. (e) Computation of time, http:/llibrary4.municode.com/44721DocViaw/100b1f1/317/405?hilite=409; 1/22J2009 Chapter 409. Into�cating Liauor* Page 3 of 4 !�`1 c�l�f (1) If a iicensee appears before the council for any violation in, paragraph-(b}-wher�that violation has occurred wittvn �xelve {�27 catendar months after the first appearance of �_ the 5ame�censee for a vio{ation listed in paragraph (b) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penafty. {2) IF a licensee has appeared before the councif on two (2) previous occasions, both for violations listed in paragraph (b) above, and if said licensee again appears before the council for a violation iisted in said paragraph (b), and if the current violation occurred within eighteen (18) calendar months of the violation that gave rise to the first appearance be4ore tMe council, then the current appearance shalf be treated as a third appearance for the purpose of determining presumptive penalty. (3) if a ficensee has appeared before the council on three (3) previous occasions, each for violation listed in paragraph (b) above, and if said licensee again appears before the cauncil for a violation listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months of the violation that gave rise to the first appearance, then the current appearence shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. In case of muitiple violations in any appearance, the date to be used to measure whether twelve (12), eighteen (18), or thirty (30) months have elapsed shali be the date of the violation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (� Ofher penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civii fine not to exceed two thousand dollars ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. In determining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse actions or submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has folfowed or is tikefy to foilow in the future responsible business practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may inciude, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a. Encourage persons not to become intoxicated if they consume alcoholic beverages on the defendanYs premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming aicohofic beverages while acting in the+r capacity as employees or agents; e. Establish promotions and marketing efforts that publicize responsible business practices to the defendanYs customers and community; f. Implement comprehensive training procedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendanYs business; http.//library4.municode.com/4472(DocView/10061/1f317/405?hilite=�F09; 1J22J2009 Chapter 409. Intoxicating Liquor* Page 4 of 4 O�i - c�/�1 h. Establish a standardized method for hiring qualified emptoyees; -- _._ __ _ �.---k�epr�artd empToyees who viofate empioyer poficies and procedures; and j. Show that the licensee has enrolied in recognized courses providing training to seif and one (1) or more employees of the licensed establishment +n regard to standards for responsibie liquor service. (Z) For the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those listed in subsection (1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of proof of identification (as established by state law) for ali persons seeking service of afcohofic beverages who may reasonably be suspected to be minors; b. Comprehensive training of employees who are responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service. (Ord. No. 17556, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Ord. No. 17675, § 1, 8-22-89; Ord, No. 17694, § 2, 11-7-89; Ord. No. 17756, § 1, 8-7-g0; Ord. No. 17924, §§ 2, 3, 5-7-92; C.F. No. 92-1929, § 1, 2-9-93; C.F. No. 97-1445, § 1, 12-30-97; C.F. No. 98-866, § 1, 11-4-98; C.F. No. 07-149, § 161, 3- 28-07) http:/flibrary4municode.com/4472/DocView110061f1/3171405?hilite=409; 112212009 STATE OF MINNESOTP ` ; �s. AFFIDAVIT OF SE.._ . ICE BY U.S. MAIL 1��1 �/ % COUNTY OF RAMSEY ) _ Julie Kraus, being first duly sworn, deposes and says tY�at on the 23` day of January, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Deborah J. Neville Neviile's Bar & Griil 1905 Stillwater Avenue St. Paul, MN 55119 Deborah J. Neville 2067 Mohawk Avenue St. Paul, MN 55119 Chuck Repke, Exec. Director District 2 Communiry Council Greater East Side 1961 Sherwood Avenue St. Paul, MN 55119-3230 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Pau1, Minnesota. ..�., 1J J i Kraus Subscribed and sworn to befare me this 23` day of January, 2009 I�G�v c��-� �'r,��i+�'t Notary Public � .:-<x��_ �...�....:;��..<:�� :a,��c � : ��, - �usan �€arie Janisc,'a c�, E.`4tARYPUBl1C-Afilh"NESOTA �' �' . � � � Ml' C4Rh�'ifSSiOh � � ; ,. � � � =v�Pl4ES,S.4t�. $i, 2Dt2 � _. ., ,m-^ x•,-..,--,. ; .�•:.n.,�