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09-220Council File # j'j y� Z� Green Sheet # 3Ob (0 8'19 RESOLUTION OF SAI�AUL, M{NNESOTA 1 � Presented by _ 1 WHEREAS, adverse action was taken against the Wine On Sale; Malt On Sale (Strong) and 2 Sidewalk CafB licenses held by Selam Restaurant, Inc., dlbla Flamingo (License ID #20060003208) for the 3 premises located at 490 Syndicate Street North in Saint Paul, by Notice of Intent to Suspend Licenses 4 dated January 15, 2009 alleging licensee failed to pay delinquent (Sacond Hal� license and late fees in the 5 amount of $1,362.50 and submit a current certificate of General Liability insurance for the coverage period 6 ofNovember 1, 2007 through November 1, 2009, naming the C3ty of Saint Paul as additional insured; and 8 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend Licenses to pay the 9 delinquent license fees or submit the required insurance; and 10 11 WF�REAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay the 12 delinquent license and late fees and submit the required insurance by January 26, 2009, that the matter 13 would be piaced on the consent agenda to impose the recommended penalty; now, therefore, be it 14 15 RESOLVED, that the Wine On Sale; Ma1t On Sale (Strong) and Sidewalk Cafe licenses held by 16 Selam Restaurant, Inc., dlb/a Flamingo are hereby suspended. 17 Bostrom Carter Helgen Absent Requested by Department of: (y TJ �a._S- y � _ By� l .�t-- .�-.,f.i �(�� Stark ✓ Thune ,/ Form A ved by City Attorney By: � AdopEed by Council: Date ���J j��� Adoption CertiSed by Council Secretary Form Ap r v b ayor f Subi ission to Council BY� %i0/> �[�1����i� Sy: Approve���ate By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � — - O�i-� av S � _ Dept. of SaFety & - Con�rson S Phone: Rachel TiemeV 266 Must Be on Council Agen 25-FEB-09 �C� Doc. Type: RESOlUT10N 10-FEB-09 i �► I Assign by (Date): � Number ��_; For Routing I Order E-DOCUment Required: Y DocumentContsct: JulieKraus Contad Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) a i 2 3 4 5 Approval of the attached resolution to take advetse action against ihe Wine On Sale, Malt On Sale (Strong) and Sidewalk Cafe licenses held by Selam Restaurant, Inc., d/b/a Flamingo (License ID#20060003208) for the premises located at 490 Syndicate Stree[ North in Saint Paul. Recommendations: Approve (A) or Reject (R): Pfanning Comm�ssion CI8 Committee Civil Service Commission Personal5ervice Contrects Must Answer the Foilowing Questions: 1. Has this personiFlrtn ever worked under a contract forthis departmenY? Yes No 2. Has this person/firm ever been a ciry employee� Yes Na 3. Does this pereoNfirm possess a skill not normalty possessetl by any current ciry employee? Yes No Explain afl yes answers on separate sheet and attach to green sheet. InitiaGng Prablem, lssues, Oppartunity (Wha, What, When, Where, Why): I, Licensee failed to pay the delinquent (Second Hal fl license and late fees m the amount of $1,362.50 and submit a curzent cerhficate of '� General Liabiliry insurance. ABer notification, the licensee d�d not respond to the Notice of Intent to Suspend Licenses � Advantages If Approved: License Suspension. DisadvantageslfApproved: Disadvantages If Not Approvetl: Total Amount of TransacGOn: Funding Saurce: Financial Information: (Explain) CosURevenue Budgeted: Activity Number. Februaty 10, 2009 11:5& AM Page 1 o � a �v OFFICE OF THE CITY ATTORNEY John J. Choi, City AHOmey _ __- sw�xr P"° � GITY O� SAINT PAUL � Civil Division Ch�slopherB. Coleman, Mayor 400 CityHall Telephone. 657 26&8770 75 West Kellogg Blvd. Facsimile: 65l 295-5619 AAAR Saint Pam, Mmnesoha 55?02 January 15, 2009 NOTICE OF INTENT TO SUSPEND LICENSES Daniei W. Tsegai Flamingo 490 Syndicate Street North St. Paul, MN 55104 RE: Wine On Sale, Malt On Sale (Strong) and Sidewalk Cafe licenses held by Selam Restaurant, Inc. d/b/a Flamingo for the premises located at 490 Syndicate Street North in Saint Paul LicenseID #:20060003208 Dear Mr. Tsegai: The Department of Safety and Inspections (DSI) has recommended adverse action against the Wine On Sale, Malt On Sa1e (Strong) and Sidewalk Cafe licenses held by Selam Restaurant, Inc. dlbia Flanningo for the premises located at 490 Syndicate Street North in Saint Paul. The basis for the recommendation is as follows: On December 16, 2008, you were sent a THIRD I2EQUEST from DSI to submit a current certificate of Genera3 Liability insurance for the coverage period of November 1, 2007 through November 1, 2009 with the City of Saint Paul named as additional insured. You were given until December 30, 2008 to submit the insurance information. As of today's date that information has not been received. Also, on December 22, 2008, you were sent a RENEWAL INVOICE for your Wine On Sale (Second Hal� license fees which was due upon receipt. The amount now due including late fees is $1,362,50. As of today's date, that amount has not been received. The licensing office will recommend suspension of your Sidewalk Cafe, Wine On Sale and Malt On Sale (Strong) licenses. Although the Malt On Sale license is not delinquent, it will also need to be suspended due to the fact that strong beer cannot be sold without a Wine On Sale license. AA-ADA-EEO Employer Flamingo o��a �o January I5, 2009 Page 2 - - _ __ - - At this tnne you have three options on how to proceed: You can pay the delinquent license and late fees of $1,362.50 and submit the requested insurance information. If this is your choice, please send the payment and insurance infozmation to the Department of Safety and Inspections (DSI) at 375 Jackson 5treet, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, January 26, 2009. Payment should be directed to the attention of Chrisrine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and late fees and submission of the requested insurance ixiformation will be considered a waiver of the hearing to which you aze entitled. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you w311 need to send me a letter with a statement admitting the facts and requesting a public heazing. 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 impose the license suspensions. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a heazing before an Administrative Law Judge. At that heazing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each other's witnesses. The St. Paui City Council will ultimately decide the case. If thas is your choice, please advise me no later than Monday, January 26, 2009, and I will take the necessazy steps to schedule the administrative hearing. If yoa have not contacted me by that date, I will assume that you do not contest the suspension of your Sidewalk Cafe, Wine On Sale and Malt On Sale (Strong) 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, feel free to coniact me at 266-8710. Sincerely, ��� 4 �� Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Daniel W. Tsegai, 2371 Linwood Avenue East, Maplewood, MN 55119 Jun-Li Wang, Community Organizer, Hamline Midway Coalition 1564 Lafond Avenue, St. Paui, MN 55104-1832 AA-ADA-EEO Emnlover STATE OF MINNESOT ^ 1 1 ss. AFFIDAVIT OF S�.VICE BY U.S. MAIL COUNTY OF RAMSEY ) � Julie Kraus, being first duly sworn, deposes and says that on the 15�' day of January, she served the attached NOTICE OF INTENT TO SUSPEND LICEl�SES by placing a true and cosect copy thereof in an envelope addressed as Pollows: Daniel W. Tsegai Plamingo 490 Syndicate Street North St. Paul, MN 55104 Daniel W. Tsegai 2371 Linwood Avenue East Maplewood, MN 55119 7un-Li Wang, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Paul, MiV 55104-1832 (which is the last known address of saad person) depositing the same, with postage prepaid, in the United States mail at St. Paul. Minnesota. � � Julie aus Subscribed and sworn to before me this 15�` day of January, 2009 �� � ���� Notary Public RtTA M. BQS3AR0 NDTARY PI�LIC • M INCESOTA MY COMNNSSION EXPIRES JAN. 31. 20 1 0