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09-286Council File # dq— �ty Green Sheet # J � (3 ,� RESOLUTION CITY OF SAIN�,PAUL, MINNESOTA �7 Presented by 1 WHEREAS, adverse action was taken against the Restaurant (A) 0-12 Seats license held by 2 Anthony's Pizza, Ina dibJa Anthony's Pizza (License ID #20050003289) for the premises located at 1993 3 Burns Avenue in Saint Paul by Notice of Intent to Suspend License dated January 27, 2009 atiegmg 4 licensee failed to pay delinquent license and late fees in the amount of $600.00; and 6 WfIEREA5, the licensee did not respond to the Notice of Intent to Suspend License to pay the 7 delinquent license and late fees; and 8 9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the 10 delinquent license by February 6, 2009, that the matter would be placed on the consent agenda to impose 11 the recommended penalty; now, therefore, be it 12 13 RESOLVED, that the Restaurant (A) 0-12 Seats license held by Anthony's Pizza, Inc. d/b/a 14 Anthony's Pizza is hereby suspended. Bostrom Carter Harris Absent Requested by Department of: BY� CsR�F. ,.a.4.t.,�� yy� � o � Thune Form A roved by City Attomey ( B �__�,� - T� �- Adopted by Council: Date 3 '/ ll �/J9 Adoption Certified by Co cil Secretary Form .ttpp � byllvlayor fnr,Submission to Council By ' By �t� � �U�Gt�`->f Approve y . Date � / � 0 By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet G S V/JyO[Y // SI - Dept. of Safety 8 Inspections ConWct Person & Phone: Rachel Tiemey 266-8710 Must Be on CounGil Agenda by (Datel�.. 11-MAR-09 C� �� � ,�� Doc. Type: RESOLUTION E-DocumentRequired: Y Document Contact: Julie Kraus ConWct Phone: 266-8776 24FE6-09 � � 0 j 1 Assign � 2 Number I 3 For � Routing i < Order j 5 � � Green Sheet NO: 3067203 Toial # of Signature Pa ges _ i Clip A L ocations for Signat Action Requested: Approval of the attached resolurion to take adverse action against the Restaurant (A) 0-12 Seats license held by Anthony's Pizza, Inc. dlbla Anthony's Pizza (I.icense ID#20050003289) for the premises located at 1993 Bums Avenue m Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee _ _ Civil Service Commission Personai Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this perso�rm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed W pay delinquent license and late fees in the amount of $600.00. After notification, ]icensee d�d not respond to the Notice of Intent to Suspend License. AdvantageslfApproved: License suspension Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: February 24, 2009 4:37 PM Page 1 OFFIC.. JF THE CITY ATTORNEY John J. Choi, CityAttomey / � p � ���/� // i � 4"at.�' SAINT PAUL � AAAA CITY OF SAINT PAUL Chnstopher B. Coleman, Mayor C/VIIONISIOR 400 City Hall �5 West Kellogg B/vd SaintPaul, Mrnnesota 55f02 Telephone: 651 266-8710 Facsimile: 651 298-5619 January 27, 2009 NOTICE OF INTENT TO SUSPEND LICENSE Anthony M. Pazlin Anthony's Pizza 1993 Bums Avenue St. Paul, MN 55119 RE: Restaurant (A) 0-12 Seats license held by Anthony's Pizza, Inc. d(b/a Anthony's Pizza for the premises located at 1993 Burns Avenue in Saint Paul LicenseID #20050003289 Dear Mr. Pazlin: The Department of Safety and Inspections (DSI) has recommended suspension of the Restaurant (A) 0-12 Seats license held by Anthony's Pizza, Inc. d/b/a Anthony's Pizza for the premises located at 1993 Bums Avenue in Saint Paul. The basis for the recommendation is as follows: On December 2, 2008, you were sent a RENEWAL INVOICE from the Department of Safety and Inspections (DSI), indicating that your Restaurant (A) 0-12 Seats license had expired on September 1, 2008, and your license fees were now delinquent. The amount now due is $600.00 ($400.00 in license fees and $200.00 in late fees). License and late fees were due upon receipt of the RENEWAL INVOICE. As of today's date that payment has not been received. At thi s time, you have three options on how to proceed: You can pay the delinquent license and late fees of $600.00. If this is your choice, you shoutd send payment directly to the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday, February 6, 2009. A self-addressed envelope is enclosed for your convenience. Information should be directed to the attention of Christine Rozek. Payment of the delinquent license and late fees will be considered to be a waiver of the hearing to which you aze entitled. L:\CIVII,�RRAUS�FORM A'S\SUSPENSIONSWNTHONY'S PIZZA LICSUSPFORMA.DOC Anthony's Pizza January 27, 2009 Page 2 Q�/'a'&LG 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 Friday, February 6, 2009. The matter will then be scheduled before the City Council for a public hearing to deternune whether to suspend your license. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 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 Deparhnent of SafeTy and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday, February 6, 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 suspension of your license. In that case, the matter will be placed on the CounciPs 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, � � � Rachel Tiemey Assistant City Attorney ca Christine Rozek, Deputy Director of DSI Anthony Parlin, 2675 Charles Street North, North St. Paul, MN 55109 STATE OF MINNESOT � ss. AFFIDAVIT OF S�_.VICE BY U.S. MAIL COUNTY OF RAMSEY ) � � , � /� Julie Kraus, being first duly sworn, deposes and says that on the 27`� 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 follows: Anthony M. Parlin Anthony's Pizza 1493 Burns Avenue St. Paul, MN 55119 Anthony Pazlin 2675 Charles Street North North St. Paul, MN 55109 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ! j A , � lie Kcaus Subscribed and sworn to before me this 27�' day of January, 2009 ! ,�� S� /�- GL-c s� tary Public RITA M. BOSSARD NJTARYPUBLIC•MINNESOTA . MVCOMMISSiON ': IXPIRES JAN 37 26 + ; �