09-374Council �le # �- �j�
Green Sheet #
Presented by
RESOLUTION
CITY OF SAINT PAUL., MINNESOTA l�
1 WHEREAS, adverse action was taken against the Retail Food (A) — Grocery 1-100 sq. ft. and
2 Retail Food — Restricted Food Service license applications submitted by Lounge 150, Inc. d/bfa L,ounge
3 I50 (Lacense ID#20080002775) for the premises located at 2418 University Avenue West in Saint Paul, by
4 Notice of Tntent to Deny Licenses dated March 4, 2009, alleging licensee is currently operating as a
5 tobacco products shop per under Minn. Stat. § 144.4167, subd. 4(2008) and therefore not eligible to hold
6 food licenses; and
8 WHEREAS, per Saint Paul L.egislative Code §310.�5 (m) (2); the licensing office recommended
9 denial of the Retail Food (A) — Grocery 1— 100 sq. ft. and Retail Food — Restricted Food Service license
10 applications; and
11
12 WHEREAS, the licensee did not respond to the Notice of Intent to Deny Licenses to contest the
13 allegations, request a public hearing or withdraw his license applications; and
14
15 WHEREAS, the Notice of Intent to Deny Licenses stated that if the licensee failed to contest the
16 allegation, request a public heazing or withdraw his license applications by March 16, 2009, that the matter
17 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
18
19 RESOLVED, that the Retail Food (A) — Grocery 1— 100 sq. ft. and Retail Food — Restricted Food
20 Service license applications submitted by Lounge 150, Inc. d/b/a Lounge 150 are hereby denied.
Bostrom
Carter
Requested by Department of:
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Adoption Certified by Co cil Secretazy Form Appr by Mayor for Submi�ion to Council
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)epartmenflOffice/Council: Date Initiated: q �+
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S � _Dept.ofSafety8lnspections , 24-MAR-09 , Green Sheet NO . JQV��27
ConWct Person & Phone:
Rachef SiemeY
2
Must Be on Counci genda by (DaI
08-APR-09 �`��� M}�
Doa Type: RESOLUTION �
E-Document Required: Y
Document Contact: Julie Kraus
Contact Phone: 266-8776
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Assign 2
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For 3
Routing 4
Order 5
Total # of Signature Pages _(Clip All LowGons for Sig�aWre)
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Approval of the attached resolurion to take adverse acfion against the Retail Food (A) - Grocery 1-100 sq, ft. and Retail Food -
Restricted Food Service license applications submitted by Lounge 150, Inc. d/b/a Lounge 150 (I,icense ID#20080002775) for the
premises located at 2418 University Avenue West in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee�
Yes No
3. Does tfiis person(firm possess a skill not normafly possessed by any
current city employee?
Yes No
Fxplain all yes answers on separate sheet and attach to green sheet.
Inkiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee currently operates as a tobacco products shop per Minn. Stat. Section 144.4167, subd. 4(2008) and therefore not eligible to
hold food ticenses. After notification, licensee did not respond to the Notice of Intent to Deny Licenses.
Advantages If Approved:
License Denial.
DisadvanWges If Approved:
DisadvanWges If Not Approved:
Tota1 Amount of
Transaction:
Funding Source:
Financial Information:
(F�cplain)
CosURevenue BudgeMd:
Activity Number:
March 24, 2009 1:59 PM Page 1
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OFFICE OF THE CITY ATTORNEY
John J Choi, C�tyAttomey
SA[NT
p"°` CITY OF SAINT PAUL
� Civil Div�sron
ChnstopherB.ColemaqMayor 400CityHall Telephone 651266-8770
15 West Kellogg Blvd Facsimrle 65l 298-5619
AAAA Samt Paul, �nnesota 55702
March 4, 2009
NOTICE OF INTENT TO DENY LICENSES
Nicholas Stocking
Lounge150
2418 UniversityAvenue West
St. Paul, MN 55114
RE: Retail Food (A) — Grocery I-100 sq. ft. and Retail Food — ResVicted Food Service license applications
submitted by Lounge 150, Inc. d/b/a Lounge 150 for the premises located at 2418 University Avenue West
in Saint Paul
License ID #20080002775
Deaz Mr. Stocking:
The Department of Safety and Inspections (DSI) will recommend denial of the Retail Food (A) — Grocery
I-] 00 sq. fr. and Retail Food — Restricted Food Service license appl'rcations submitted by Lounge 150, lnc, d/b/a
Lounge I50 for the premises located at 24 ] 8 University Avenue West in Saint PauL The basis for the
recommendation is as foilows:
On February 10, 2009, an Environmentai Healt6 Inspector went to your establishment
to perform an inspection in response to your application for a Retail Food (A) license
and Retail Food —Restricted Food Service License. At that time, the inspector observed
a sign posted on the door which stated "You must purchase one shisha to enter store. 2
people per shisha max. Seats limited to shisha smokers only."
In addition, on February 21, 2009, a St. Paul Police O�cerwent to Lounge 150 to check
for code violatians. The officer noted the sign described above. The officer observed 22
people inside, most of who were smoking from Hookah pipes.
Under the clean indoor air act, smoking is prohibited in all public places and places of
employment. Minn. Stat. § 144.414, subd. 1(2008). This prohibition does not apply to
a tobacco products shop that derives more than 90 percent of its gross revenue from the
sale of loose tobacco, ptants, or herbs and cigars, cigarettes, pipes, and other smoking
devices for burning tobacco and related smoking accessories and in which the sale of
other products is merely incidental. However, smoking is not allowed at any location
with any type of liquor, food or restaurant license. Minn. Stat. § 144.4167, subd. 4
(2008).
Lounge150
Mazch 4, 2009
Page 2
�y-���
Based upon the sign on your door and the smoking inside your establishment,
the Department of Safety and Inspection assumes that you are a tobacco products
shop meeting the definition of Minn. Stat § 144.4167, subd 4. As a tobaccu products
shop, you are not eligible for a faod license and may not sell or serve food on the
premises.
Per Saint Paul L,egis]ative Code 310.05 (m) (2), the licensing office will recommend denial of your Retail Food (A)
— Grocery I-100 sq. ft. and Retail Food — Restricted Food Service license applications, because you are a tobacco
products shop under Minn. Stat. § 144.4167, subd. 4(2008).
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 Uie Saint Pau]
CiTy Couvcil, you will need to send me a letter with a statement admitting the facts and requesting a
public hearing. We wil] need to receive your letter by Monday, March 16, 2009. The matter will then be
scheduled before the City Council for a public hearing to deterrnine whether to deny your licenses. You
will have an opportunity to appear before the Council and make a statement on your own behalf.
2. If you dispute the above facts, and believe you are not a tobacco products shop, you can request a hearing
before an Administrative Law Judge. At that hearing both you and the City wi11 be able to appear and
present witnesses, evidence and cross-examine each other's witnesses. The St. Paul City Counci] will
ultimately decide the case. If this is your choice, please advise me no later than Monday, March 16, 2009,
and I will take the necessary steps to schedule ihe administrative hearing.
3. You may withdraw your license applications. Send a written statement to that effect to the Departrnent of
Safety and Inspections, 375 Jackson Street, Ste 220, St. Paul, Minnesota 55101-1806 no later than
Monday, March 16, 2009. Information should be directed to the attention of Christine Rozek. Any
request for a refund of the license application fee must also be made in writing to DSI.
If you have not contacted me by that date, I will assume that you are not contesting the denial of
your Retail Food (A) license and Retail Food — Restricted Food Service licenses. In that case, the matter will
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,
�
Rachel Tiemey
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Nicholas Stocking, 150 Emerald Street SE, Unit #I, Minneapolis, MN 55414
Mazk Cemensky, 2343 Swan Drive, Mendota Heights, MN 55120
Renee Lepreau, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Avenue,
St. Paul, MN 55] 14-1599
144.4167, 2008 Minnesota Statutes
2008 Minnesota Statutes
144.4167 PERNIITTED SMOKING.
Page I of 1
�1����
Subdivision 1. Scientific study participants. Smoking by participants in peer reviewed scie
smoking may be allowed in a sepazated room ventilated at a rate of 60 cubic feet per minute per p�
the commissioner and is established by the administrator of the program to minimize exposure of
Subd. 2. Traditional Native American ceremonies. Sections 144.414 to 144.417 do not prc
of a traditional Native American spiritual or cultural ceremony. For purposes of this section, a Nat
an Indian tribe as defined in secrion 260.755. subdivision 12.
Subd. 3. Private places. Except as provided in section 144.414, subdivision 2, nothing in se�
in:
(1) private homes, private residences, or private automobiles when they are not in use as a pl;
144.413, subdivision lb; or
(2) a hotel or motel sleeping room rented to one or more guests.
Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the lighting c
customer or potential customer for the specific purpose of sampling tobacco products. For the pur�
shop is a retail establishment with an entrance door opening direcfly to the outside that derives me
the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices
accessories and in which the sale of other products is merely incidental. "Tobacco products shop"
section of any individual business establishment with any type of liquor, food, ar restaurant licens
Subd, 5. Aeavy commercial vehicles. Sections 144.414 to 144.417 do not prohibit smoking
section 168.013, subdivision le, with a total gross weight of 26,001 pounds or greater.
Subd. 6. Farm vehicles and wnstruction equipment. Sections 144.414 to 144.417 do not x
section 168.002, subdivision 8; implements of husbandry, as defined in section 168A.01, subdivis
defined in section 168.002, subdivision 31. This subdivision applies to farm trucks, implements of
when being used for their intended purposes.
Subd. 7. Family farms. Sections 144.414 to 144.417 do not prohibit smoking in the house, €
farm that meet the following criteria: (1) the family farm is engaged in farming, as defined in secti
the family fann meets the definition of family farm under section 500.24, subdivision 2, paragrapt
employs two or fewer persons who are not family members.
Subd. 8. Disabled veterans rest camp. Sections 144.414 to 144.417 do not prohibit smokin
Washington County, established as of January 1, 2007.
Subd. 9. Theatrical productions. Sections 144.414 to 144.417 do not prohibit smoking by �
performance conducted in compliance with section 366.01. Notice of smoking in a performance sl
shall be included in performance programs.
History: 2007 c 82 s 10
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STATE OF MINNESOT� '
, �s.
COUI�iTY OF RAMSEY )
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AFFIDAVIT OF SEi [CE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the ��'1 day of March,
she served the attached NOTICE OF INTENT TO DENY LICENSES by placing a true and
correct copy thereof in an envelope addressed as follows:
Nicholas Stocking
Lounge 150
2418 University Avenue West
St. Paul, MN 55114
Nicholas Stocking
150 Emerald Street SE, Unit #1
Minneapolis, NIN 55414
Mark Cemensky
2343 Swan Drive
Mendota Heights, MN 55120
Renee Lepreau, Community Organizer
St. Anthony Park Community Council
890 Cromweil Avenue
St. Paul, MN 55114-1599
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
. �
Jul aus
Subscribed and sworn to before me
this �`��day of March, 2009
��- �—���c,�.-�
Notazy Public
RITA M. BOSSARD
NpTARV PUBLIC • MINNESOiA
MY COMMISSION
EXPIRESJAN 31 201 0
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