09-533Council File #-'����v-1-�S12 �
Green Sheet #
RESOLUTION
�
PAUL, MINNESOTA
Presented by
1 WHEREAS, adverse action was taken against the Restaurant (2) 1-12 Seats license held by Yeng
2 Xiong d/b/a XPV Food N Go (License ID#20080000527) for the premises located at 217 Como Avenue,
3 Unit #135 in Saint Paul, by Notice of Intent to Suspend License dated Apri120, 2009, alleging licensee
4 failed to pay the Environmental Health Plan Review Fee (Change of Ownership) of $92.00; and
6 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
7 Environmental Health Plan Review fee or request a public hearing; and
8
9 WF�REAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
10 Environmental Health Plan Review fee or request a public hearing by April 30, 2009, that the matter would
11 be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
12
13 RESOLVED, that the Restaurant (2) 1-12 Seats license held by Yeng Xiong d/b/a XPV Food N Go
14 is hereby suspended.
Requested by Department of:
Adop[ion Certified by Cou cil Secretazy
BY� ' o
Approve b� May : Date .� �j
By:
s ,��a.w,Q..2n.���,��,h,:�
By: /�,f,a/��'in..Ql r'f PClJ[.�/
V
For oved by City Attorney
BY�� 1 �-1 1-.�—
Form Ap oved by Ma or for Su ' sio� � Council
By: �
Adopted by Council: Date -S/�.,?G�p'f
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
oy - ���
lepartmenf(p{fi�e/Councii: Date Initiffied:
S� _Dept.ofSafetyRlnspections � OSMAY-09 ; Green Sheet NO: 3070196
ConWct Person & Phone:
Rachel Tiemev
266$710
Must Be on Cour
20-MAY-09
Doc. Type: RESOLUTION
E-Document Required: Y
DocumeMConWct: JulieKraus
ConWd Phone: 266-8776
0
1
2
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5
Depariment Director
I Mavor/AssisGnt
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� City Quk
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Total # of Signature Pages _(Clip All Location5 for Signature)
Approval of the at�ached resolution to take adverse actiott against the Restaurant (2) 1-12 Seats license held by Yeng Xiong d/b1a
XPV Food N Go (License ID#20080QQ0527) for the premises located at 217 Como Avenue, Unit #135 in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Perso�al Service Canhacts Must A�swer the Following Questions:
'I. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/�irm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not nortnally possessed by any
cunent city empVoyee?
Yes No
Explain all yes answere on separafe sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay the Environmentai Health Plan Review Fee (Change of Ownership) of $92.00. Aftet notification, licensee did
not respond to the Notice of lntent to Suspend License.
AdvantageslfApproved:
License suspension.
DisadvarHages If Approved:
Disativantages If Not Approved:
Total Amount af
Transaction:
Fundifg Sovice:
Financial Information:
(F�cplain)
Casf/Revenue Budgeted:
Activity Number:
y
Assign
Number
For
Routing
Order
May 5, 2009 4:11 PM Page 1
b�- ���
OFFICE OF THE CTTY ATTORNEY
Jahn J Chm, GryAnomey
SA[NT
P"° � CITY OF SAINT PAUL CrvdOrvision
� ChnsmpherBCaleman,Mayar 400Ciry Telephone'65126b-877D
IS West Kellogg Blvd. Facsimile 651 29R-5679
Samt Puui, Mmnesom SS702
AAAA
April 20, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Yeng Xiong
XPV Food N Go
217 Como Avenue, Unit #135
St. Paul, MN 55103
RE: Restaurant (2) 1-12 Seats license held by Yeng Xiong d/b/a XPV Food N Go for the
premises located at 217 Como Avenue, Unit #135 in Saint Paal
License ID #20080000527
Deaz Yeng Xiong:
The Department of Safety and Inspections (DSI) has recommended suspension of the
Restaurant (2) 3-12 Seats license held by Yeng Xiong d/b/a XPV Food N Go for the premises located at
217 Como Avenue, Unit #135 in Saint Paul. The basis for the recommendation is as follows:
On February 10, 2009, you were sent a letter and INVOICE from the
Department of Safety and Inspections (DSI) indicating that your
Environmental Health Plan Review Fee (Change of Ownership) was
delinquent. The $92.00 fee was due by Apri] 18, 2008. As stated on the
invoice "when an establishment is sold or otherwise changes ownership the
Environmental Health fee(s) listed here ¢re required for our review of the
facility:' As of today's date that fee has not been received.
At [his time you have three options on how to proceed:
You may pay the $92.00 Environmental Health Plan Review Fee. If this is your choice, you
should send the payment directly to the Department of Safety and Inspections at 3�5 Jackson
Street, Ste. 22�, St. Paul, MN 551�1-1806 no later than Thursday, April 30, 2009. Information
should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for
your convenience. Payments of the $92.00 Environmental Heal[h Plan Review Fee will be
considered a waiver of the hearing [o which you aze entitled.
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 le[[er with a statement admitting the facts and
requesting a public heazing. We will need to receive your letter by Thursday, Apri130, 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 appear before the Council and
make a statement on your own behalf.
Affirmative Action Eaual Onnortunitv Emnlover