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09-880Council File # 09-880 Green Sheet #���(� 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 Presented by RESOLUTION SAfNT PAUL, MiNNESOTA t:7 WI�REAS, adverse action was initiated against all licenses held by Moonlight Magic, Inc. d/b/a Moonlight (License ID#20040003727) for the premises located at 601 Western Avenue North in Saint Paul by Notice of Intent to Suspend Licenses dated July 23, 20�9, alleging the licensee failed to pay the Liquor On Sale — 101-180 Seats (2 Hal� license and late fees in the amount of $2,929.50; and WHEREAS, the licensee had two previous adverse actions which the City Council adopted on July 15, 2009 (CF #09-742) and August 5, 2009 (CF #04-814) for license condition violations; and WHEREAS, the licensing office is recommending suspension of all licenses for non-payment of delinquent license and late fees; and WHEREAS, licensee did not respond to the Notice of Intent to Suspend Licenses to pay the delinquent license and late fees or request a hearing; and WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay the delinquent license and late fees or request a hearing by August 3, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that all licenses held by Moonlight Magic, Inc. d/b/a Moonlight are hereby suspended for non- payment of delinquent license and late fees in the amount of $2,929.50. Reques by Department of: �,i cv�.��u � �e�5 � - By: Form roved by City Attorney BY� ��4M�Y � CA.I � / Adoption Certified by Coun '1 Sectetary B Approved May Date � C7 By: Form Appioved by Mayor for ubmission to Council �r ��cr.z /� �-�y-a� 09-880 � Greee Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green� � 04-AUG-09 Green Sheet NO: 3074396 � _ Dept. of Safety & Inspections si Contact person & Phone: Rachel Tiemev 266-8710 Must 8e on Couneil 19-AUG-09 by Doc. 7ype: RESOLUTION E-Document Required: Y Document Contact: Julie Kraus Contad Phone: 266-8776 � � � � 1 Assign 2 Number 3 For Routing 4 Order I 5 Total # of S ignat u re Pages _(Cl A ll L o c ati o n s for Signa Adion Requested: Approval of the attached resotution to take adverse acrion against all licenses held by Moonlight Magic, Inc. d/b/a Moonligl�t (License ID#20040003727) for the premises located at 601 Westem Avenue North in Saint Paui. Recommendations: Approve (A) or Reject (R): Planning Gommission CIB Committee Civil Service Commission Personal Service Controcts Must Answer the Following Questions: 7. Has this personffirm ever worked under a contract for this departmenY? Yes No 2. Has this personlfirtn ever been a cily employee? Yes No 3. Does this person�rm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (VJho, What, When, Where, Why): Licensee failed to pay delinquent license and late fees of $2,929.50. ARer notification, licensee did not respond to the Notice of Intent to Suspend Licenses. Advantages If Approved: Suspenslon of all licenses. DisadvanWges IfApproved: Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Aetivity Number: August 13, 2009 9:39 AM Page 1 1' ::1 swixr e�ul � RAAR CITY OF SAINT PAUL Christopher B. Coleman, Mayoi OFFICE OF THE CITY ATTORIQEY John J. Choi, Ci]yqttomey Telephone 651266-8710 Facsimile� 65f 298-5619 July 23, 2009 Civil Division 400 Ciry HaII 15 West Kellogg Blvd. Saint Paul, Minnesota 551d2 NOTICE OF INTENT TO SUSPEND LICENSES Moua Yang Moonlight 601 Westem Avenue North St. Paul, MN 55103 RE: All licenses held by Moonlight Magic, Inc. dlb/a Moonlight for the premises located at 601 Western Avenue North in Saint Paul License ID #: 20040003727 Dear Mr. Yang: The Department of Safety and Inspections (DSn has recommended suspension of al1 licenses held by Ivloonlight Magic, Inc. dlb/a Moonlight for the premises located at 601 Western Avenue North in Saint Paul. The basis for the recommendation is as follows: On July 14, 2009, you received a RENEWAL INVOICE from the Department of Safety and Ynspeclions (DSI). The invoice stated that your Liquor On Sale — 101-180 Seats (Second Half) license fees were delinquent. You currently owe $2,929.50 ($2,685.50 in license fees and $244.00 in delinquent fees). As of today's date that amount has not been paid. Therefore, the licensing office will recommend suspension of al] your ]icenses unti] the Liquor On Sale — IO1-180 Seats (Second Ha1fJ license and delinquent fees are paid in ful3. At this time, you have three options on how to proceed: You can pay the $2,929.50 in delinquent ]icense and late fees. If this is your choice, you should send the payment directly to che Depar[ment of Safety and Inspections, at 375 Jackson Street, 5te. 22Q St. Paul, Mlnnesota 55101-1806 no later than Monday, August 3, 8009. Information should be directed to the attenUOn of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $2,929.50 in delinquent ]icense and late fees will be considered to be a waiver of the hearing to which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Pau] 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 li4onday, Augusi 3, 2009. The matter will then be schedu]ed before the City Counci] for a public hearing to determine whether to suspend your licenses. You will have an opportunity to appear before the Council and make a statement on your own behalf. I' ::1 Moonlight July 23, 2009 Page 2 3. If yau dispute the above fac[s, 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 wimesses, evidence and cross-examine each other's wimesses. The St. Paui City Council will ultimately decide the case. If this is your chaice, please advise me no later than Monday, August 3, 2009, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, d wilt assume that you are not contesting suspension of your licenses. In that case, the matter vri11 be ptaced on the City Council Consent Agenda for approval of the recommended penalty. If you have questions a6out these options, please feel free to contact me at 266-8� 10. Sincere]y, 2 � 7�. Rachel Tierney Assistant City Attorney cc: Christine Rozek, Aeputy Director of DSI Pao Lee, 2295-80`" Sueet East, Hugo, MN 55038 Tait Danielson Castillo, Exec. Director, Thomas-Dale/District 7 Planning Council 533 North Dale Street, St. Paul, MN 55103 STATE OF MINNESOTf ` �� :: ss. AFFIDAVIT OF SE_ iTCE BY U.S. MAIL COUNTY OF RAMSEY ) , r Julie Kraus, being first duly swom, deposes and says that on the� day of 3uly, she served the attached NOTICE OR INTENT TO SUSPENA LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Moua Yang Moonlight 601 Westem Avenue North St. Paul, MN 55103 Pao Lee 2295-80` Street East Hugo, MN 55038 Tait Danielson Castillo, Exec. Director Thomas-Dale/District 7 Planning Council 533 North Dale Street St. Paul, MN 55103 (which is the last known address of said person) deposiUng tbe same, with postage prepaid, in the United States mail at St. Paul, Nlinnesota. �W 0 � ' 1 8 ✓ ie Kraus Subscribed and sworn to before me this �3�� day of July, 2009 � n ✓''1�. �� n,uc��h- (,c1c.—ie� Notazy Public ;� _�.�.�- ..�.�..�.. �.,� � =:,�.<.�_„ � . '�,,.... Snser, dAaria Janisch-Wamer NOTARY Ai78i)C. �91MNESOTA iA � �.:. � . • J(� Rp� �RdiSSiON -.. ..y*� �'�e-�a 1' ::I Renewal Invoice CITY OF SAINT PAUL ❑ Check this box if making any name, mailing address or phone # Department of Safety and Inspections corrections. Please write the changes on this form. If your 375 Jackson Street, Suite 220 business license address is changing, please request a new Saint Paui, MN 55�01-1806 business license application PHONE' (651) 266-8989 FAX: (651) 266-9124 July 14, 2U09 An Equal Opportunity Employer MOONLIGHT MAGIC INC MOONLIGHT CONTACT: PAO LEE YANG 2295 80TH ST E HUGO MN 55038-9348 �IIVOIC@ # � 655907 Invoice Due Date . Upon Receipt Account Bafance� $2,685.50 Pay this Amount: $2,s29,5o PHONE: 651-762-5648 BUSINESS PHONE: 61 7rensaction Description @ 601 WESTERN AVE N Requirements Transaction ToYal 2,685.50 Invoice Amount Due: $2,929.50 Your account is overdue Please maii payment today!! Please compiete the following information for your First Half renewal (disregard if invoice is for the 2nd haif payment) Company & DBA Names (if different than above)' Business Phone #s (include fax, celi, & pager If applicable) Applicant Name, Date of Birth, Home Address, & Phone #'s: Manager Name, Date of Birth, Address & Phone #'s' Liquor is served in the following rooms. Signature & Title of Applicant: Submrt with First Half paymenf only *State renewal certificate "Proof of curreni liquor hability msurance (expirallon musi coinCide wdh your license expiration date) Please Give Us Your Email Address: Sale - 101-180 Seats {Second Please Return this invoice with your payment!