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09-417Recatled & Amended 4/22/09 Council �le # �- 5d/� Green Sheet #� RESOLUTION CITY Presented by 2 4 5 PAUL, MINNESOTA Wf�REAS, a�ion was initiated against all licenses held Sobo Restaurants Incorporated d/b/a Senor Wong (License ID#20070004716) for the premises located at 111 East Kellogg Boulevard in Saint Paul by Notice of Violation dated March 16, 2009, alleging that the licensee had a lapse in liquor liability insurance from January 21, 2009 to February 27, 2009; and, 6 WHEREAS, per Saint Paul L,egislative Code §409.26(b) (12), the licensing office recommended a 7 ten (10) day suspension of all licenses and closure of the establishment; and 9 WHEREAS, licensee did respond to the Notice of Violation to request a public hearing which was 10 held on April 15, 2009; and now, therefore, be it 11 12 13 14 15 16 RESOLVED, that all licenses held by Sobo Restaurants Incorporated d/b/a Senor Wong are hereby suspended and the establishment is closed for ten (10) days for the lapse in liquor liability insurance from January 21, 2009 to February 27, 2009, in violation of Saint Paul I.egislative Code §409.26(b)(12). Said suspension shall become effective at 12:01 a.m. on Wed�es�ay 2009, and last until 11:59 p.m. F�ada�,-A4a��3, 2009. Monday, ,Tune 1 Wednesday, Sune 10 Requested by Department of: ** Adopted by Council: Date '��/,S�j,G) Form A� roved by City Attorney B Y !�/�a�C �I�.f�M.ol Adoption Certified by Coun � Secretary Form Approved by Mayor for Submission / to Council BY By: � ��/ Approve 'y'Ma Date � z� 6� '7'� 3�"a� BY: ' �� .1.- BY: � � � ** Recalled and adopted 4/22/09 Yeas — 6 Nays — 0 Absent — Bostrom � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � : DepartmenUOffice/Council: i Date Initiated: � (�1 �� i S � _Dept.ofSafety&Inspections i 2�_MAR-09 ; Green Sheet NO: 3069046 Conqct Person 8 Phone: Rachel Tiemey 266-8710 Must Be on Councii Agenda by (Date): 15-APR-09 . � J.f. Doc.Type:RESOLUTION E-DOCUment Required: Y Document Contact: Julie Kraus ConWCt Phone: 266-8776 � Assign Number For Routing Order 0 Dent of SafeN & IaspecAOUS � 1 Dept of Safery & Inspections Deuar[ment Dirtttor I z Ctitv wttornev 3 blayoPsO�ce ii MayodAssistant 4 CouncH � i 5 City Clerk ' � City Clerk i Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: � Approval of the attached resolution to take adverse action against all licenses held by Sobo Restaurants Incorporated d/b/a Senor Wong (License ID#20070004716) for the premises located at 1 I 1 East Kellogg Boulevazd in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB CommiHee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: t. Has this person/frm ever worked under a contract for this departmenY? Yes No 2. Has this person/frm 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 F�cplain aIl yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee had a lapse in liquor liability insurance from January 21, 2009 to February 27, 2009 in violarion of SPLC Secrion 40926 (b) (12). Afrer notification, licensee requested a public hearing. Advantages If Approved: 10 day suspension of licenses and closure of establishment. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Funtling Source: Financial Informatian: (Explain) CosURevenue Budgeted: Activity Number: April 1, 2009 4:19 PM Page 1 OFFICE OF THE CITY ATTORNEY John Choi, CityAttomey SAfHi PAUL � AAAA CITY OF SAINT PAUL Chnstopher 8. Coleman, Mayor March 27, 2009 �� Civd Divis�on 400 City Hall Telephone: 651 266-8770 15 West Kellogg Blvd. Facsimile: 657 298-5679 Saint Paul, Minnesota 55702 NOTICE OF COUNCII, HEARING Son Truong Senor Wong 11 I East Kellogg Boalevazd St. Paul, MN 55101 RE: All licenses held by Sobo Restaurants Incorporated d/b/a Senor Wong for the premises located at ] 11 East Kellogg Boalevard in Saint Paal License ID #: 20070004716 Deaz Mr. Truong: Please take notice that Ihis matter has been se[ on the Public Hearing Agenda for the City Council mee[ing scheduled for Wednesday, April 15, 2009, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter conceming the fact that on Mazch 9, 2009, DSI confirmed with your insurance agent that you had a lapse in liquor liability coverage from January 21, 2009 to February 27, 2009. This matter has been placed on the public hearing agenda portion of the City Council meeting during which public diswssion is allowed. Per Saint Paul Legislative Code §409.26 (b) (12), the licensing office will recommend a 10-day suspension of all of your licenses and closure of your establishment. If there is anv information vou would like Citv Council to review orior to the oublic hearin¢ I will need to receive it no later than Mondav, Apri16, 2009. Very truly yours, Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI tQ41ary Erickson, Council Secretary Son Truong, 799 University Avenue West, Apt. #1, St. Paul, MN 55104 Katie Sebaka, Exec. Director, CapitolRiver Council, District #17 US Bank Center, 101 East 5"' Street, Ste. 240, St. Paul, MN 55101 AA-ADA-EEO Employer 49 �i� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Senor Wong 111 East Kellogg Boulevard St. Paul, MN 55101 Wednesday, Apri115, 2009 @ 5:30 p.m. Violation: Licensee had a lapse in liquor liability coverage from January 21, 2009 to February 27, 2009 in violation of Saint Paul Legislative Code §409.26(b)(12). Date of Violation: March 9, 2009 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: 10-day suspension of licenses and closure of establishment. Attachments: 1. Proposed resolution 2. ECLIPS License Group Comments Text dated 3/1Q/09 3. Electronic mail from Laura Benton to Christine Rozek and Kristina Schweinler dated 3/9/09 4. Notice of Violation with Affidavit of Service dated 3/16/09 5. Letter from licensee requesting a public hearing dated 3/26/09 6. Saint Panl Legislative Code §409.26 (b) 912 �� i� License Group Comments Text Licensee: SOBO RESTAURANTSINCORPORATED �BA� SENOR WONG License #: �p070004776 03/10/2009 03/'IO/2009 To CAO fo� adverse action. Matrix penatty is a 70 day suspension CAR 03/09/2009 lapse in liquor liability from 1/21/O9 to 2/27/09. LAB 07/14/2008 Licensee in compliance with license conditions. RS OS/OS/2008 No ob�ections to not�cation regarding addition of �iq, Outdoor (Patio) and Ent. A licenses. JWF 04/222008 Recerved signed revised license condition affidavit (inciuding condi6ons #2, &#3 reflecting contlitions related to liq. outdoor patio and ent A lic ). JWF 04/17/2008 Lic. notfiwtion sent for Liq Outdoor Patio & EnL A licenses, M78?EM35, response date O5/02/2008 JWF 0 il3V2008 Gave State application to apphcant to take with for buyers card. JWF 12/27/2007 No ob�ec6ons were received for this app6cation, per Marcia Moermond's office. RS 12/14/2007 Retumed taxes to Son Truong, recerved signed condition affidavit. JWF 12/06/2007 Applicant requested withdrawal of Liquor Outdoor Sernce Area. The $66.00 refund credited to thev second half. LAB 12/72/2007 Notifcahon retumed to our office as undeliverable. Left message for Son Truong to contact me regaring notification JWF 12/OS/2007 Notifications mailed, response date 12/21/2007; 19M and 35EM.gb 72/04/2007 Mailed tar returns to business location per Son Truong with notification letter. JWF Address Licensee � Contact y License a Cardholder � Licensee Name: OBO RESTAIJRANTS INCORPORATED DBA: SENOR WONG Sales Tax Id: �� Find Pdow OF{ 1 � Cancel � New Search i Help � # h s 4 l, P �. f $ .<Y� £ i , !� ..t Ya .j •vt\"a.E .3fFi .... i New Group... � Newv Tsmp �rp�. � Copp Gro�ap... j Add License... � Prapertisa... � I 0 SOBO RESTAURANTS INCORPORATED 'SEN4R WONG Entertainmerit (A) Liquor On Sale - Sunday Liquor-Outdoor Service Area (Patio) Restaurarrt (4} - 51-150 Seats Liquor On Sale - 2 AM Closing =Liquor On Sale - 101-180 Seats ',Restaurar�t (8) - more than 12 seats Liquor On Sale - Over 100 seats (B) False Alarms Liquor-Outdoor Service Araa (Patia) P� � � � � � { ,_ � �� S � License I Licensee � Lic. Types � Insurance 1 ' Property �' Licensee �' Unofficial Street #: � 1�1 1 �� Street Name: ELLOGG Street Type: BLVD Direction: � Unit Ind: � Unit #: �� City: T PAUL State: �v1N � Iip: j 55101 dt+ard: � Browse s Dist Council: �17 Licensee OBO RESTAURANTSINCORPORATED DBA ENOft WONG � Bond � Requiremer�ts $ � Project Facilitatar: SOLEY, REID . Ad�erse Action Commer�ts 1 M 7f2�08 CF #07-967 - Change in license type from estaurant-8 to Restaurar�t-4. LAB 1 M 7f2003 CF #�7-967 Change in license type from License Group Commerds. 3M OC2009 To CAO for adverse action. Matrix penatty is 1 � day suspensior. CAR 3N9t2009 Lapse in liquor liability from 1/21 N9 to l27AJ9. LAB 7/14C2008 Licensee in compiiance w�th license Licensae: �OBO RESTAURANTS INCORPORATED Licensee DBA: ENOR WONG Commerrts: Sal T Id: 099424 Bus Phone: 651) 224-2019 Lic+�nse Type Cias� Effective Expiration Liquor On Sale - 2 AM Closing N OZA7112008 01 C21l209 d `alse Alarms R 01101 t�008 12r31l200$ 41arm Permit (New) R 01 t21 C2�08 01 !21 I1010 Lie�ns� � �070004716 Save Cha�ges to History Conditi�ns License Fee N $0.�0 N $0.00 N $27.00 r� +r ; Cancel ' fielp �icensee Name: DBA: Sales Tax Id: AA Corrtract Rec'd: AA Fee Collected: Other Aaencv Licer Non-Profit: � �orker's Comp: �N�IQ�� AA Training Rec'd: �N�N�00 Discourd Rec'd: � Licensmg Agancy Name J License Type License # Expiratian of Minnesota I Optional 2AM Closing Lice17254 02AJ1 t2�09 RESTAURANTSINCORPORATED ; WONG _ ; _� z Properties... y Financial Hold Reason Reason � Active Data � a :or�tacts for this Licensee Addr. Type Ar�ive inactive Last Name First Name Title ----- - — -.,'--- -- -- -- - -- --- -- - - ----- - — - - _-- - BusinessM111 N91'200700�OONOOi Other 11 i09t200700rd0i0�0�TRUdNG TANG OFFICER Other 11 m9J200T00ro0�00ETRUONG LAM TREASURER ` - __ ��'� � ; Background Check Required � Lic�n�� i� �J70004716 Licensee DBA KtSIAURANTSINCORPORATED ; WONG Corrtact Pra�tie�... � SaWe Changes to History ]�r ` E Mail License To� � Bus. P}ione Ho ` - - - I � A4ail To Cordact (651) 224-2019 f" License Addres: ( 7 - (ss�� –___—_---- ( ) - (651 �- Mail Invoice To: -- � � Mail To Cor�tact � . j �' License Addres: Cancei � Heip j License Licensee � Lic. Types � insurance r Bond � Requiremerrts � �� ,�. � �� s � Licensee OBO RESTAURANTSINCORPORATED DBA ENOR W6NG License � Licensee Lic. Types � Insurance � Bond License Type: Li Effective: � Apply Discourd:? Replace Fee. � �r On Sale - 2 AM Closing �+ t2�08 Expiration: ; 1 t21 I2010 � Remove Discount: � DiscourR ftec'd: (� # of Units: � 1 R =�e� -��. Name Trade Type � Card # � Requirements i License Class: � Status: �4ctiue Pending Ren � Status Changed �01 f21 t2�09 � Appiication Date. �72N 0�"21 08 Phone # ( Add i Remove : Card � Add Mast � Remov_e i Tag #: � p ��,� ' Fields License Type CommeMs(long�: 3 � NEW � :',�;_�_� � Lic�nse g p7�004716 Save Changes to History 2 1 of 11 �> j �'. 1 Cancel { Help License � Licensee Lia Types � Insurance i Bond License Type: �Liquor-Outdoor Service Area (Patio) � Effecti�e: �DSNSf200& Expiration: �01(21 r1010 Apply Discourrt: � Remove Discourrt: j Discourrt Rec'd: ? Replace Fee: � # of Units: � 1 ar Name INLER, liRISTINA (KRIS) ,� Ma�re � Trade Ty Card # e� y�� REST�;URANTSINCORPORATED � Requirements ; i License Class: 1� Status: ; P.cti v e P ending F�En Status Changed: �72 O t2009 ( Application Date: �J4N4f2008 Phone # h Add � __ . — Remove y (651) 266-9110 *r ; Card Type Expiration � Rdd Mast ; Remou_e � Tag #: p �'NNIN J Fields License Type Commer�ts(long). � i hievY r; � � �.� Licens� �# ��0004716 Save Changes to History {< 5 of 11 5> � Cancel � Heip Pai� � � J „-- � � � g'� i Licensee O80 RESTF,URANTS INC6RPOR�.TED DBA ENORVN7NG License � Licensee Lia Types � Insurance ! Bond � i License Type: �Liquor On Sale - Sunday T� Effective. 1 f21 f20�8 Expiratian: JJ1121 f2010 � J Apply Discourtt:;� Remove Discour�t:; Discour�t Rec'd: r Replace Fee: ? # of LJnits �1 Name 3ERGMANN,DAVE Name 0 Trade � Requiremerds � License Class: A1 � Status: �,ctive Pending P,en ( Status Changed 2110t2009 � Application Date: �I 1 N 007 Phone # n Add � -- , Remave � (651)228-6238 v _ _, __. �ard # Card Type Expiration � Add Mast 3 Remov_e � Tag #: 0 �� Fields License Type Commerrts(long): � _s_.�_.�.,� � hJew Lvcir_fi � Licens� u �70004716 Save Changes to History rt � 6 of 11 >� � Cancel j Help �j�� Pap - PrtM � _�-. H'ist. Licensee OBO RESTAUP.ANTS INCORPORATED DBA ENOR WONG License � Licensee Lic. Types � Insurance � Bond License Type: Errtertainmertt (A) T Effective: �0510� StZODS Expiration: 1 C21 tZ010 Apply Discount:; Remave Discourd. � Discourrt Rec'd: � Replace Fee: � # of Units: � 1 hlame DAVE Name Trade Type � Card # � Requirements � 3 License Class: � Status: ctive Pending Ren Status Changed: 2M Ot2��9 Ap�hcation Date: �J4104f2008 Phone # �.. Add i - - Remove j (651)228-6238 tr' Card Type Expirartion � Add Mast j Remov_e � Tag #: � p i CNNkt�i � Fields License Type CommeMs(lo New i� �k� .e Li�en�� #�7�004716 Save Changes to History �� 7 of 11 >� : �{ ; Canc�i� Fiaip � ..� � � e � =�' � � � 5� Licensee OBO RESTAURANTS INCORPORRTED DBA ENOR WONG License � Licensee Lic. Types � Insurance j Bond , License Type: ' ftestaurant (4) - 51-150 Seats ► Effectiue. 1 t2� Expiration: 1 t�1 {201 � Apply Discour�t: � Remove Discount: � Discour�t Rec'd: � fteplace Fee: � # of LJnits: � 1 f� -.�TFt'i --'. SCH�I4EINLER, I{RISTINA (KRIS) Name Trade TVpe I Card # � Requiremer�ts � License Class: � ( Status: Active Pending Ren Status Changed: 2l10t2009 `Application Date: ?1111 OtZ7 08 Ptt�e # � , Add � __ - Remove Card (651) 266-9110 �' Add Mast � Rerc�ov_e a Tag #: � p Ch1NIN i Fields Licer�se Type Comrnents(longj: # of Seats 142 � � New � �,':'�>= � Lie�ns� i� $]70004716 Save Changes to History �� 9 of 11 �� Cancel � Heip Licensee DBA License � Licensee Lic. Types � Insurance j Bond License Type: �Liquor Q n Sale - 1 Q1-18� S eats � Effective: �01l21 t2��9 Expiration: �01 f21 I2010 .4pply Discount: f ftemo+re Discourd ;� Discourtt ftec'd: � Replace Fee: t # of Units: ; 1 Name �CFNVEINLER, I(RISTINA (KRIS) + WONG .14 d. fNCORPORk7ED � REquirements � License Class: �1 � SYatus: �fictive Pending Ren Status Changed: 2/1 �t2p09 Applica Dat ;i 1 M 7r2008 _. ___ ___ Phone # i. Add � Remove � (651) 266-9110 v _ . . -- i Nar�e Trat7e Tppe Card # Card Type Expiration Add Mast , I � k�emov_e i Tag #: � p CNNIM j Fields License Type CammerAs(lon # of Seats 142 � �� Liquor Service Are ar, Restaurard hiew � "�' , � _ ��:e�a ._ . __ .._ . . . . , Lie�n�e � �]700�4716 Save Changes to Histary �s 11 of 11 � Cancel � Heip - - ------ ---- - --- -- - (3/9/2009) Chnstine Rozek - Senor Wor 49- Y�7 From: Lau2 Benton To: Rozek, Christine; Schweinler, Knstina Date: 3/9/2009 10:02 AM SubjecG Senor Wong So6o Restaurantr Inc. dba Senor Wong at 111 Kellogg Blvd. East has a lapse in coverage from 1/21/2009 to 2/27/2009. I have venfied this with their insurance agent, Tony Stocker. dy-s%� OFFICE OF THE CITY ATTORNEY John J Choi, CityAttomey SAINi PAU CITY OF SAINT PAUL CivilDrois�on � ChnsfopherB Colemaq Mayor 400 City Hall 7elephone. 651266-8710 15 West Kellogg Blvd. Facsimile: 651 298-56 7 9 AAAA Saint Paul, n.finnesota 55702 March 16, 2009 NOTICE OF VIOLATION Owner/Manager Senor Wong 111 Kellogg Boulevard East St. Paul, MN 55101 RE: Al] licenses he]d by Sobo Restaurants Incorporated d/b/a Senor Wong for the premises located at 111 Kellogg Boulevard East in Saint Paul License ID #: 20070004716 Dear SirlMadam: The Department of Safety and Inspections (DSI) will recommend suspension of all licenses held by Sobo Restaurants Incorporated d/b/a Senor Wong for the premises located at 111 Kellogg Boulevard East in Saint Paul. The basis for the recommendation is as follows: On March 9, 2009, DSI staff confirmed with you ►nsurance agent, Tony Stocker, that you had a lapse in liquor liability coverage from January 21, 2009 to February 27, 2009. This is a violation of Saint Paul Legislative Code §409.26 (b) (i2). Therefore, the licensing office will recommend a ten (10) day suspension of your ]icenses and closure of your establishment for failure to comply with statutory and ordinance requirements for IiabiliCy insurance. 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 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, March 27, 2009. The matter wil] then be scheduled before the City Counci] for a public hearing to determine whether to impose the ten (10) day suspension of your licenses and closure of your establishment. You will have an opportunity to appear before the Counci] to make a statement on your own behalf. AA-ADA-EEO Employer d9-1/�� Senor Wong March 16, 2009 Page 2 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present wimesses, evidence and cross-examine each other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Friday, March 27, 2009, and I will take the necessary steps to schedule the administrative hearing. 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 Friday, March 27, 2009. Information should be directed to the attention of Chnstine Rozek. If you have not contacted me by that date, I will assume that you do not contest the ten (10) day suspension of your licenses and closure of your establishment. 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, @a�cs. � � Rachel Tierney Assistant City Attorney ca Christine Rozek, Deputy Director of DSI Son Truong, 799 University Avenue Wes[, Apt. #1, St. Paul, MN 55104 Katie Sebaka, Exec. Director, CapitolRiver Council, District #17 US Bank Center, 101 East 5`" Street, Ste. 240, St. Paul, MN 55101 �� n. �� STATE OF MINNESOT ^ � , ss COUNTY OF RAMSEY ) d9- s�� AFFIDAVIT OF S�_ . JICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the �_��day of Mazch, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Senor Wong 1 ll Kellogg Boulevard East St. Paul, MN 55101 Son Truong 799 University Avenue West, Apt. #1 St. Paul, MN 55104 Katie Sebaka, Exec. Director CapitolRiver Council, Dist�ict #17 US Bank Center 101 East 5` Street, Ste. 240 St. Paul, MN 55101 (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� Kraus Subscribed and sworn to before me this �day of March, 2009 t ��., / - �p-�'/ �� Notazy Public RITA M. BOSSARD NOTARY PUBLIC • MINNESOTA MYCOMMfSS10N - .vra IXPIRESJAN 31 2010 f` - -sss�^�-� d9- �s/i7 ,�._, �.�. �,� , ..-.�, -� � . < .- � r ='�. e �� z ¢ � �; 3^s�+� 6 �Y e ° : a � �� _ e�" � ., � ` e_- �, `"�_ . . � �� a_4` � � S T 6� �D � dt �1 'P Sobo RestaurantsIncorporated d.b.a Senor Wong 111 East Kellogg Blvd. St. Paul, MN 55101 March 25, 2009 Rachel Tiemey, Esq. City Attorney 400 City Hall 15 W. Kellogg Blvd St. Paul, MN 55102 Dear Ms. Tiemey, C � � §�'a ?" €: 2 "rm F� � � €�c � a � t�� ,� � ��/,� ' � i uE=iiF � �� p[ijlsi �� l� �� Senor Wong does not dispute the findings of facts regarding the lapse of the restauranY s liquor liability insurance during the dates of January 7` 2009 to February 27 2009. However, we respectfully request a hearing with the city council to discuss any penaity that might be assessed for the violation. Your consideration in this matter is greatly appreciated. Siacerely, Son Truong Owner Chapter 409. Intoxicating Liquor* d y� Page 1 of 4 Sec. 409.26. Intoxicating Iiquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties tor violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): TABLE INSET: Type of Violation Commission of a felony (1) re�ated to the Iicensed activity. Sale of alcohol beverages (2) while license is under (3) (4) (5) (6) ��) �$) {9} (10) (11) Sale of alcoholic beverages to underage person. Sale of alcoholic beverage to intoxicated person. After hours sale of alcoholic beverages. After hours display or consumption of alcoholic beverage. Refusal to allow city inspectors or police admission to inspect premises. illegal gambling on premises. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage. Failure to make application for license renewal prior to license expiration date. Sale of intoxicating liquor where only license is for ist Revocation Revocation Fine Fine Fine Fine 5 Fine Fine Fine Fine Appearance 2nd 3rd NA NA NA NA Fine Up to 18 Fine Up to 18 6 18 4 12 15 Revocation 6 18 4 i2 6 18 6 18 http://library3.municode.com/4472/DocView/1 006 1 /1 /3 1 7/405?hilite=409 26; 4th NA NA Revocation Revocation Revocation Revocation NA Revocation Revocation Revocation Revocation 3/13/2009 Chapter 409. Intoxicating Liquor� Page 2 of 4 d9- s/i� Failure to comply with (12) statutory, and ordinance requirements for liability insurance. 10 I Revocation I NA 1►/� For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3}, (4}, (5}, (6), (8), (9), (i0) and (11), which would be a first appearance not involving multiple violations, a fine shall be imposed according to the following schedule. For those violations which occur in on-sale intoxiCating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. Seating capacity 0--149 . . . $ 500.00 Seating capacity 150 and over ... i For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appearance not involving multiple violations, a fine shal{ be imposed according to the following schedule, based on the square footage of the retail area of the establishment. For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. 5,000 square feet or less ...$ 500.00 5,001 square feet or more ... 1,000.00 A licensee who would be making a first appearance before the council may elect to pay the fine to the department of safety and inspections without an appearance before the council, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a licensee's first appearance before the city council, the councif shaH consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The councii in that case shall consider the presumptive penalty for each such violation under the "1 st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the councii in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the "1st Appearance." In all other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the council. (d) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particufar violation or violations that were the subject of the first or prior appearance. (e) Computation of time: http://library3.municode.com/4472/DocView/1 006 1 /1 /3 1 7/405?hilite=409 26; 3/13/2009 Chapter 409. Intoxicating Liquor* Page 3 of 4 d�- s�� (1) If a licensee appears before the council for any violation in paragraph (b) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (b) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a licensee has appeared before the council on two (2) previous occasions, both for violations listed in paragraph (b) above, and if said licensee aga+n appears before the council for a violation listed in said paragraph (b), and if the current violation occurred within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violation listed in paragraph (b) above, and if said licensee again appears before the council for a violation listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months of the violation that gave rise to the first appearance, then the current appearance shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether twelve (12), eighteen (18), or thirty (30) months have elapsed shall be the date of the violation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (f) Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty, In determining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse actions or submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a Iicensee has followed or is likely to follow in the future responsible business practices in regard to sales to intoxicated persons and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a. Encourage persons not to become intoxicated if they consume alcoholic beverages on the defendant's premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportation alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming alcoholic beverages while acting in their capacity as employees or agents; e. Establish promotions and marketing efforts that publicize responsible business practices to the defendanYs customers and community; f. Implement comprehensive training procedures; g. Maintain an adequate, trained number of employees and agents for the type and size of defendant's business; http://librazy3.municode.com/4472(DocView/10061/1/317l4�5?hilite=409 26; 3l1312009 Chapter 409. Intoxicating Liquor* Page 4 of 4 e9 y�� h. Establish a standardized method for hiring qualified employees; i. Reprimand employees who violate employer policies and procedures; and j. Show that the licensee has enrolied in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service. (2) For the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those iisted in subsection (1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. Comprehensive training of employees who are responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service. (Ord. No. 17556, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Ord. No. 17675, § 1, 8-22-89; Ord. No. 17694, § 2, 11-7-89; Ord. No. 17756, § 1, 8-7-90; Ord. No. 17924, §§ 2, 3, 5-7-92; C.F. No. 92-1929, § 1, 2-9-93; C.F. No. 97-1445, § 1, 12-30-97; C.F. No. 98-866, § 1, 11-4-98; C.F. No. 07-149, § 161, 3- 28-07) http://library3.municode.com/4472/DocView/1 006 1 /1 /3 1 7/405?hilite=409 26; 3/13/2009 STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) d y- yr7 Julie Kraus, being first duly sworn, deposes and says that on the a� day of Mazch, she served the attached NOTICE OF COUNCIL HEARING by placing a true and correct copy thereof in an envelope addressed as follows: Son Truong Senor Wong 111 East Kellogg Boulevard St. Paul, MN 55101 Son Truong 799 University Avenue West, Apt. #1 St. Paul, MN 55104 Katie Sebaka, Exec. Director CapitolRiver Council, District #17 US Bank Center 101 East 5` Street, Ste. 240 St. Paul, MN 55101 (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 � trl ° � � Julie� aus Subscribed and sworn to before me this �'��day of March, 2009 i�� ! o °' �dr-L�-cn-u� Notazy Public _ ,e,. `��,' 6. .. �� .�� ': ..:G ,�" .rF .!TBnfie::tic x � ";� �;.-... i;Y�,t+�Lir,r„SCi�°S�Jainet p a�`.�'� ., ^P.S �a ;�.,�� .4.��:rt{vb'+SiQi 1 �;.;,..ku^;�` __� ' . .. c_��,,.� AFFIDAVIT OF SERVICE BY U.S. MAIL