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09-464Council File # � Green Sheet # RESOLUTION OF Presented by PAUL, MtNNESOTA � 1 WHEREAS, adverse action was taken against the MAD Game Machines and Music Machine 2 licenses held by Rick Thorne d/b(a American Amusement, Inc. (License ID#0083330) for the City of 3 Saint Paul by Notice of Intent to Suspend Licenses and Remove Machines dated April 3, 2009, alleging 4 licensee failed to pay delinquent license and late fees of $82.00 in order to renew his two (2) MAD Game 5 Machines and one (1) Music Machine and submit a list of the type and location of each of his machines; 6 and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend Licenses and Remove Machines to pay delinquent license and late fees and submit the requested machine information or request a public hearing; and WHEREAS, the Notice of Intent to Suspend Licenses and Remove Machines stated that if the licensee failed to pay delinquent license and late fees and submit the required machine information or request a public hearing by April 13, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the MAD Game Machines and Music Machine licenses held by Rick Thorne d/b/a American Amusement, Inc. are hereby suspended for failure to pay delinquent license and late fees of $82.00. The licensee is also ordered to pay a matrix penalty of $500.00 and remove the two (2) MAD Game Machines and one (1) Music Machine for failure to submit a list of the type and location of these machines. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Requested by Depaztment of: 5 tLt�t�li /h-n� �R,L.G/1A-�M�S BY 1 �ei �" �— Form A oved by City Attorney BY ' �C.G�r�G�X� l�[1�.,r/� Adoption Certified by Coun '1 Secretary sv —�'i �, — Approved�6 a ate S/ By: Form Approved by Mayor for mi to Council By: �11—»cr-, /�i'�S,af..i �j• LZ• �'I Adopted by Council: Date 5�(��j � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � )epartmenUOfficelCouncit: � Datelnitiated: �'�� S � _Dept.ofSafety&Inspections i 2,_APR-09 , Green Sheet NO: 3069739 I� Contad Person & Phone; � Rachel Tiemev 266-8710 Must Be on I lIE.MG Doc. Type: RESOLUTION E-DOCUmeni Required: Y Doeument Contact: Julie Kraus Contact Phone: 2668776 � 0.ssign Number For Routing Order 0 1 2 3 4 5 �2.L ToWI # o Signature P ages _(Clip Aii L ocatio ns for S ig n ature) wct�on Requested: Approval of the attached resolu[ion to [ake adverse action against the MAD Game Machines and Music Machine licenses held by Rick Thome d/b/a American Amusement, Inc. (License ID#0083330) for [he City of Saint Paul. Recommendations: Approve (A) or Reject (R): Pianning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrect 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 curzent city employee? Yes No Erzplain all yes answers on separate sheet and attach to green sheet, Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Lice�see failed to pay delinquent license and late fees of $52.00 to renew his licenses and submit a list of the type and locarion of each of his machines. After notification, licensee did not respond to the Notice of Intent Suspend Licenses and Remove Machines. i AdvanWges If Approved: License suspensions, removal of machines and imposition of $500.00 mattix penalty. Disadvantages ff Approved: DisadvanWges If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: April 21, 2009 4:00 PM Page 1 �—�c�� SwINT PAUL � AAAA CITY OF SAINT PAUL Chnstopher B. Coleman, Mayor OFFICE OF THE CTTY ATTORNEY John J. CBoi, Ci(y Attomey Telephone. 651 266-87 7 0 Facsimile: 651 298-5619 April 3, 2009 Civil Division 400 Ciry Hall 75 West Kellogg Blvd. Saint Paul, Minnesofa 55102 NOTICE OF INTENT TO SUSPEND LICENSES AND REMOVE MACHINES Rick Thorne American Amusement, Inc. ] 4l6 Catroll Avenue St. Paul, MN 55104-5334 RE: MAD Game Machines and Music Machine licenses held by Rick Thorne d/b/a American Amusement, Inc. far the City of Saint Paul License ID #0083330 Deaz Mr. Thorne: The Department of Safety and Inspections (DSI) has recommended removal of all machines and suspension of the MAD Game Machines and Music Machine licenses held by Rick Thorne d/b/a American Amusement, Inc. for the City of Saint Paul. The basis for the recommendation is as follows: On February 10, 2009, you were sent a letter from the Department of Safety and Inspections (DSI} stating that your MAD Game Machine and Music Machine licenses had expired as of October 31, 2008. As of March 18, 2009, you owe a total of $82.00 in delinquent license and late fees. You are also asked to respond to the requirements listed on the bottom of the January 30, 2009, RENEWAL INVOICE by renewing the licenses for each of your two (2) MAD Game Machines, your one (1) Music Machine and submit a list of the type and location of each oF your machines. You were given until March 3, 20Q9 to pay the delinquent license and late fees to renew all of your machine licenses and submit the required machine information. As of today's date, that has not occurred. �-�� American Amusement, Inc. Apri13, 2009 Page 2 In addition to the suspension of your licenses for non-payment of delinquent license and late fees, per Saint Paul Legislative Code §310.05 (m) {2), the licensing office will also recommend a $500.00 matrix penalty and removal of all machines for failure to submit required documents to maintain your license. At this time, you have three options on how to proceed: You can pay the $500.00 matrix penalty, delinquent license and late fees of $82.00 and submit the requested machine information. If this is your choice, you should send the payments and requized information direct]y to the Depariment of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, Apri113, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of delinquent license and late fees, the $500.00 matrix penalty and submission of required machine information will be considered to be a waiver of the heazing to which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may have a public heazing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a publ3c hearing. We will need to receive your ]etter by Monday, April 13, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your licenses, imposed the $500.00 matrix penalty and remove all of your machines. You wil] have an opportunity 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 Depaztment of 5afery and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, April 13, 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 imposition of the $500.00 matrix penalty, suspension of your licenses and removal of all your machines. In that case, the matter will be placed on the Council 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��it� i �. � Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI STATE OF MINNESOT ^ � , ss. COUNTY OF RAMSEY ) oy�� Julie Kraus, being first duly sworn, deposes and says that on the-1 �� day of April, she served the attached NOTICE OF INTEI�TT TO SUSPEND LICENSES AND REMOVE MACHINES by placing a true and conect copy thereof in an envelope addressed as follows: Rick Thome American Amusement, Inc. 1416 Carroll Avenue St. Paul, MN 55104-5334 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 1+1J�-- Ju'e aus Subscribed and sworn to before me this �day of April, 2009 �- � Notazy Public RI7A M 80SSAR0 NOTARY PUBIIC. M�NNEgpTA MY COMMISSION EXPIRES JAN 37, 20 7 0 AFFIDAVIT OF SL_ _ JICE BY U S MAIL