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09-288Council File # � Green Sheet #�� 7� RESOLUTION OF Presented by NT PAUL, MINNESOTA �9 1 WHEREAS, adverse action was faken against the Liquar On Sale — Over 100 Seats (B) license held 2 by 3amit, LLC cUbla Tin Cup Restaurant & Bar (License ID#20070005054) for the premises located at 3 1220 Rice Street in Saint Paul, by Notice of Intent to Suspend License dated January 15, 2009 alleging 4 licensee failed to pay delinquent (Second Hal fl license and late fees due in the amount of $3,487.00; and 5 6 WHEREAS, on January 22, 2009, the Department of Safety and Inspections spoke with the Chief 7 Financial Officer and agreed to waive the last three late fees if they paid $2,325.00 plus late fees for a total 8 amount of $2,791.00; and 10 WHEREAS, on January 26, 2009, the licensee responded to the Notice of Intent to Suspend 11 License by paying the delinquent license and late fees of $2,791.00 in the form of two checks; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, on January 27, 2009, the licensee then called DSI to inform them that the checks will not clear and he has stopped payment; and WHEREAS, on February 1 l, 2009, DSI received one of the NSF checks in the amount of $1,395.50 from the bank, but had not received the second check, so the licensee still owes $1,425.00 plus late fees; and WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay all the delinquent license and late fees 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 the Liquor On Sale — Over 100 Seats (B) license held by Samit, LLC d/b/a Tin Cup Restaurant & Bar is hereby suspended until all delinquent license and late fees are paid in full. Bostrom Stark Yeas Adopted by Council: Date 1 ///� Requested by Department of. ��1 By: #� �""J,r/ Form A roved by City Attomey $Y -��="`� �toA � �-.� Adoption Certified by Counc'] Seaetary Form Approve y Ma�or for Submission to Council BY� �(�i//r� �i� �t/Sos� BYt Ay�.l_ �1�tY.(,L2-� y Approve �'h�ay°�:� Date � / � Q � B �, � Y � ♦� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green She t� ��-a�� S � _ Dept. of Safety & Inspections j 24FE6-09 ConWd Person & Phone: Rachel Tiemey 266-8710 Must Be on Counci Agenda by (Da1 11-MAR-09 ��p �t^� �EY Doc. Type: RESOLUTION E-Document Required: Y Document Contact: �ulie Kraus Contact Phone: 266-8776 Green Sheet NO: 3067206 t � 0 1 Assign � 2 Number 3 For i Routing 4 Ortler � 5 Department Dirtttor ToWI # af Signature Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse action against the Liquor On Sale - Over 100 Seats (B) license held by Samit, LLC d/b/a Tin Cup Restaurant & Bar (License ID#20070005054) for the premises ]ocated at 1220 Rice Street in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commis5ion Personal Service Contracts Must Answer the Following Questlons: 1. Has this person/fvm ever worked under a contract for this department� Yes No 2. Has this person/firm ever been a city employee� Yes No 3. Does this person/firm possess a skill not normally possessed by any current city empioyee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee paid a portion of the delinquent license and late fees (� 1,395.50) with an NSF check After norification, licensee failed to pay the remaining amount due with sufficient funds. Advantages If Approved: License suspension. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of 7ransaction: Puntling Source: Financiai Information: (E�cplain) Cosi/RevenUe Budgeted: Activity Number February 24, 2009 4:52 PM Page 1 OFFICE OF THE CITY ATTORNEY JohnJ.Choi,CityAttomey � �� SAINT PAUL � A11Ap CITY OF SAINT PAUL Chnstopher8. Coleman, Mayor Civil Diws�on 400 City HaII 15 West Kellogg 8/vd. Samt Paul, Minnesota SS102 Telephone� 651 266-87>0 Facsim�le� 651 298-5679 January 15, 2009 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manager Tin Cup Restaurant & Bar 1220 Rice Street St. Paul, MN 55117 RE: Liquor On Sale — Over 100 Seats (B) license held by Samit, LLC d/b/a Tin Cup Restaurant & Bar for the premises located at 1220 Rice Street in Saint Paul License ID #: 20070005054 Deaz Sir/Madam: The Department of Safety and Inspections (DSI) has recommended suspension of the Liquor On Sale — Over I 00 Seats (B) license held by Samit, LLC d/b/a Tin Cup Restaurant & Baz for the premises located at 1220 Rice Street in Saint Paul. The basis for the recommendation is as follows: On December 18, 2008, you were sent a RENEWAL INVOICE for the Liquor On Sale — Over 100 Seats - B(Second Half) license fees which were due upon receipt. The total amount now due including late fees is $3,487.000. As of today's date, that amount has not been received. At this time you have three options on how to proceed: You can pay the delinquent license and late fees of $3,487.00. If this is your choice, please send the payment to the Department of Safety and Inspections (DSI) at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, January 26, 2009. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Paytnent of the delinquent license and late fees will be considered a waiver of the hearing to which you aze entitled. AA-ADA-EEO Employer Tin Cup Restaurant & Bzu January I5, 2009 Page 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 impose the license suspension. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing 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. Paul City Council will ullimately 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 your Liquor On Sale — Over 100 Seats - B license. 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 contact me at 266-8710. Sincerely, �``°�`� ` `�°� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Kerry Antrim, Executive Director, District 6 Planning Council 213 Front Avenue, St. Paul, MN 5 5 1 1 7-53 24 Sovan Mukherjee, 605 - 59�' Avenue North, Brooklyn Center, MN 55430 A A ATA P.T`/� STATE OF MTNNESOT � � � SS. COUNTY OF RAMSEY } �� iI ,.. Julie Kraus, being first duly swom, deposes and says that on the 15` day of January, she served the attached NOTICE OF INfiENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Tin Cup Restaurant & Bar 1220 Rice Street St. Paul, MN 55117 Sovan Mukherjee 605 - 59�` Avenue North Brooklyn Center, MN 55430 Keny Antrim, Exec. Director District 6 Planning Council 213 Front Avenue St. Paul, NIN 55117-5324 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �`^�-� � I Juli Kraus Subscribed and sworn to before me this I5�' day of January, 2009 � � .a� �� otary Public ` AFFIDAVIT OF S�__VICE BY U.S. MAIL RITA M. BOSSARD NDTARY PUBIIC - MIM�ESOTA MY COMMSSiON IXPIRES JAN. 31. 2 01 0