09-221Council File # �j -aal
Green Sheet # 3010 la g��
RESOLUTION
OF SAINT PAUL, MI_NNESOTA_ ----- - �� —
�-- ---- ------
PresBrited by
WfIEREAS, adverse action was taken against the Mobile Food Vehicle license held by Guiilermo
Ayala d/b!a Champions Foods (License ID #20030002743) for the City of Saint Paul by Notice of Intent to
Suspend License dated January 22, 2�09 alleging licensee failed to pay delinquent license and late fees of
$318.00, submit required documents listed on renewal invoice and schedule an inspection of the mobile
food vehicle; and
7 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
$ delinquent license and late fees, submit the required documents or schedule an inspection; and
9
10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
1 I delinquent license and late fees, submit the required dacusnents and schedule an inspection by February 2,
12 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now,
13 therefore, be it
14
I S RESOLVED, that the Mobile Food Vehicle license held by Guillenmo Ayala d(U!a Champions
16 Foods is hereby suspended.
17
Bostrom
Carter
Adopted by Council: Date
Adoption Certified by Counci ecretary
By: �
Appiove y Ma r: ate �[�
By:
Requested by Deparhnent of.
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BY �,�.v � xd�k.�--�
Form roved by City Attorney
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Form App e by yor � ub �ssion to Council
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� Green Sheet Green Sheet Green Sheet Green 5heet Green Sheet Green Sheet �
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fepartmenUOfficelCouncil: Datelnitiated: �
S� _ Dept. of Safety & Inspections
Contact person & Phone:
Rachel Tiemey
266-5710
Must Be on Council A en
2SFE8-09 �
Doc. Type; RESOLUTION
I � I °
i
� Assign I
by iDa Number Z
For � 3
i
Routing i 4
j Order i 5
E-Document Required: Y
DocumeM CoMact: Julie Kraus
Contact Phone: 266-8776
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached resolurion to take adve[se action against Yhe Mobile Food Vehicle license held by Guillermo Ayala d{bla
Champions Foods (License ID#20030002743) for the City of Saint Paul.
Recommendatlons: Approve (A) or Re�ect (R):
Planning Commission
C18 Committee
_._. _ Civil Servtce Commisslon
Personal Service Contrects Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this departmenY?
Yes Na
2. Has this persoNfirm ever been a city empioyee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separete 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 $318.OQ submit required documents listed on ffie renewal
invoice and schedule an inspection of the mobile food vehicle. ABer notification, Licensee did not zespond to the Norice of Intent to
Suspend License.
Advantages If Approved:
License suspension.
DisadvaMages If Apprwed:
DisadvanWges IF Not Approved:
ToWI Amount of
Transaction:
Funding Source:
Financiailnformation:
(Explain)
CosURevenue BudgMed:
Activity Number:
February 11, 2009 10:12 AM Page 1
D9-c7 � !
OFFICE OF THE CITY ATTORNEY
John ✓ Cho�, Crtyqttomey
SAINT
PAUL
�
AAAA
C(TY OF SAINT PAUL
Christopher8. Coleman, Mayor
Civii Division
400 City Hall
15 West Kellogg Blvd.
SaintPaul, Minnesota 55f02
Telephone: &51 26687i0
Facsimile� 651 298-5619
January 22, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Guillermo Ayala
Champions Foods
2523 — 10' Avenue South
Minneapolis, MN 55404
RE: Mobile Food Vehicle license held by Guillermo Aya1a d/b/a Champions Foods
for the City of Saint Paul
License ID # 20030002743
Dear Mr. Ayala:
The Department of Safety and Inspections (DSI) has recommended suspension of the
Mobile Food Vehicle license held by Guillermo Ayala d/b/a Champions Foods for the City of
Saint Paul. The basis for the recommendation is as follows:
On September 30, 2008, you were sent a ietter from the Department of
Safety and Inspections statfng thatyourMobile Food Vehicle license due
on July 19, 2008 was now delinquent. You were given until October 21,
2008 to pay the delinquent license and late fees. Tt►e amount now due is
$318.00 ($213.00 in license fees and $105.00 in late fees). As of today's
date that payment has not been received.
You were also asked to provide the information listed on your
RENEWAL INVOICE and schedule an appointment to inspect your
Mobile Food Vehicle. As of today's date, neither the informatiott has
been received nor an inspection scheduled.
At this time, you have three options on how to proceed:
You can submit payment of the delinquent license and late fees of $318.00. If this is your
choice, you shouid send the payment direcUy 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 Chtis6ne Rozek. A
self-addressed envelope is enclosed for your convenience.
AA-ADA-EEO Emnlover
Chaznpions Foods
January 22, 2009
Page 2
01-�c�!
You also need to call the Denartment of Safetv and Insnecrions (651) 266 9090
to schedule vour Mobile Food Vehicle insnection and bring the requested
documents listed on vour I2ENEWAL INVOICE Payment of the delinquent
license and late fees and inspection of your Mobile Food Vehicle will be considered
to be a waiver of the heazing to which you aze 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, �'ebruary Z, 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 oppoztunity to appear before the Council and make a statement on your
own behalf.
3. 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, at 375
Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday,
February 2, 2069. 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
suspension of your license. In that case, the matter wili be placed on the Council's Consent
Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
t l�."t."cX� �� � �.c•cXw,
/
Rachel TiemeylVirginia D. Palmer
Assistant City Attomey
ca Christine Rozek, Deputy Director of DSI
AA-ADA-EEO Employer
STATE OF MINNESOT' 1
) ss. AFFIDAVIT OF 5�,�.VICE BY U.S. MAIL
COCTNTY OF RAMSEY ) b f���
.tulie Kraus, being first duly swom, deposes and says that on the 22" day of January, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and
correct copy thereof in an envelope addressed as foilows:
Guillermo Ayala
Champions Foods
2523 —10`� Avenue South
Minneapolis, MN 55404
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� � �11.-'�.J
Julie Kraus
Subscribed and sworn to before me
this 22" day of January, 2009
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No�ary Public
RITA M. BOSSARD
hq7A RYPUBUC-MINNESOTA �
MYCOMMISSfON f
EXPtRESJAN 37 201 q
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