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10-118Council File # 10-118 Green Sheet # � � s/ 'J �j RESOLUTION Presented by MINNESOTA 3/ WHEREAS, adverse action was taken against the Auto Repair Garage and Second Hand Dealer- Motor Vehicle licenses held by Amigos Tires, Inc. d/b/a Amigos Tires (License ID#20080001235) for the premises located at 1309 University Avenue West in Saint Paul by Notice of Violation dated December 16, 2009, alleging that on December 1, 2009, a Department of Safety and Inspections Inspector came to the licensed premises based on a compliant and documented numerous license condition violations; and 7 WHEREAS, per Saint Paul L,egislative Code §310.05 (m) (1), the licensing office recommended a 8 ten (10) day suspension and $2,�OQ.�O matrix penalty due to the fact that this is the third {3` instance of 9 license condition violations within a year; and 10 I 1 WHEREAS, licensee did respond to the Notice of Violation to request a public heazing which was 12 held on February 17, 2010, and now, therefore, be it 13 14 RESOLVED, that the Auto Repair Garage and Second Hand Dealer-Motor Vehicle licenses held 15 by Amigos Tires, Inc. d/bla Amigos Tires are hereby suspended for ten (10) days--�ai�l-si�spe�rs��vill 16 begirrat 24i4;tznti�l �8�16. ** 17 18 FURTHER RESOLVED, Amigos Tires, Inc. d/b/a Amigos Tires is hereby ordered to pay a matrix 19 penalty of $2,000.00. Payment of such penalty shall be made within thirty days of the date of the adoption 20 of this resolution. 21 22 This resolution, and action taken above, is based upon facts contained in the December 16, 2009, 23 Notice of Violation sent to the licensee and the azguments made at the public hearing on February 17, 24 2Q1Q. ** with five_(5) of the days stayed for a period of one (i) year on the condition that no same or m. Mondav. March 15. 2010 at 12:00 a.m. Bostrom Caztex Stazk :/ Absent Reqaested by Department of: � 1�� +��vr�s BY � J`�'we� � Form � Adopted by Council: Date Adoption Certified by Cou eil Secre[ary Form BY / ` S By: Approvec� a p: Dat ` ZO By: CITY OF —. , �c� 10-1 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , S � _ Dept. of Safery & Inspections ConYad Person & Phone: Virainia D. Palmer 266-8710 ',� Must Be on Council enda 6y (Date): i, I v-Fes-,o ( {�, �.1,4 a2� �I Doc. Type: RESOLUTION ��I, ; E-Document Required: Y l Document Contact: Julie Kraus � ConWctPhone: 2668776 12 JAN 2010 y Assign Number For Routing Order Total # o f Signature Pages, ( Clip All Locatio f Signa Action Requested: Green Sheet NO: 3095177 0,DepL of Satety & Inspections I I '' 1 Depk of Safetv & Inspections Department Direcmr 2 'CtityAttorner CitvAttomev 3 IlYiaVOr's OfLce Mavor� - %Assistant ^ 4 Counc�l 5 ,City C7erk Citv Clerk Approval of the attached resolution to take adverse action against the Auto Repair Garage and Second Hand Dealer-Motor Vehicle licenses held by Amigos Tires, Inc. d/b/a Amigos Tires (License ID#20080001235) for the premises located at 1309 University Avenue West in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Following Questions: 1. Nas this persontfirm ever worked under a coMract 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 current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): During an inspection of the licensed premises on December 1, 2009, a DSI inspector documented numerous license condition violations. After notification, licensee requested a public hearing. Advantages If Approved; Ten (10) day suspension and imposition of $2,000.00 ma[rix penalty. �isadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Transaction: Funding Source: Financial Information: (EXpiain) CostlRevenue Budgeted: Activity Number. January 28, 2010 325 PM Page 1 10-118 OFFICE OF THE CITY ATTORNEY John Cho�, CifyAttomey $AINi PAU L CITY OF SAINT PAUL � Chnstopher8. Coleman, Mayor AAAA January 29, 2010 Civil Division 400 City Hal1 15 West Kellogg 8/vd. Saint Paul, Minnesota 55102 Telephone: 657 266-8770 Facsimile: 651298-56T 9 NOTICE OF Jerry Castillo Amigos Tires 1309 i3niversity Avenue West St. Paul, MN 55104 COUNCIL HEARING RE: Auto Repair Garage and Second Hand Dealer — Motor Vehicle Parts licenses held by Amigos Tires, Inc., d/b/a Amigos Tires for the premises located at 1309 University Avenue West in Saint Paul License ID #20080001235 Dear Mr. Casullo: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meefing and rescheduled for Wednesday, February 17, 2010, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of [he 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 December 1, 2009, a Department of Safety and Inspecrions Inspector came to your establishment based on a compliant and found numerous license condition violations. The violations found during this insuection aze considered the third (3'�) instance of violations to the conditions of vour license. This matter has been placed on the public hearing agenda portion of the City Council meering during which public discussion is allowed. The licensing office will recommend a ten (1�) day suspension of your licenses and a$2,000.00 matrix penalty. If there is anv information vou would like Citv Council to review nrior to the uublic hearine I will need to receive it no later than Mondav, Februarv 8. 2010. Very truly yours, � VlJC /�u'�K�.) ��°� Virgi�a D. Palmer Assistant City Attorney ca Chrisvne Rozek, Deputy Director of DSI �ary Erickson, Council Secretary Jun-Li Wang, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 Affirmaflve Actwn Equal Opportumty Employer STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL 10-118 ��1� Julie Kraus, being first duly sworn, deposes and says that on the >�`� day of January, she served the attached NOTICE OF COUNCIL HEARING by placing a true and correct copy thereof in an envelope addressed as follows: Jerry Castillo Amigos Tires 1309 University Avenue West St. Paul, MN 55104 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Paul, MN 55104-1832 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota ._. :� . ` �� f" - 6�.`W' �'�J � Julie Kraus Subscribed and sworn to before me this �day of January, 2010 S �dl�n / "(Lc �'�(JG�iL I�otary Public i �q �usan Marie Janisdr-W�K 9�OTARY PUBLIC • 1�� RNY COWIMISSIp�y�a �JCP7RES JP,R7. 39, 209� �-�Cnae�,•.�; 10-118 Licensee Name: Address: Council Date: Violation: Date of Violation: UNCONTESTED LICENSE MATTER Amigos Tires 1309 University Avenue St. Paul, NIN 55104 Wednesday, February 17, 2010 at 5:30 p.m. During an inspection of the licensed premises based on a complaint, numerous license conditions violations were documented by a DSI Inspector. December 1, 2009 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: Ten (10) day suspension and a$2,000.00 matriar penalty (3� instance of license condition violations within a year). Attachments: 1. Proposed resolution 2. License Group Comments Text from ECLIPS system dated 12/7/09 3. License Group Conditions Text from ECLIPS system dated 12/7/09 4. Electronic mail from Jeffrey Fischbach to Christine Rozek with attached pictures dated 12/2/09. 5. Notice of Violation with Af�davit of Service dated 12/16/09 & 12/17/09 6. Letter faYed from licensee requesting a public hearing dated 1/8/2010 7. Saint Paul Legislative Code §310.05 (m) (1) 10-118 License Group Comments Text Licensee: pMIGOS TIRES INC DBA: AMIGOS TIRES License #: 20080001235 12/07/2009 3, 12P022009 E-matl from Jeff Fischbach tlocumenting inspection made on 12/Ot/2009. Inspector estimates [hat there were approximately 350-400 tires stored outdoors while the business is closed, m violation of license condition #8 Photo documentation included. Jeff mspected at my request upon rece�pt of lamt from the counctl o�ce. Third violation Matrix penalty - 52000 penalty, 10 day dosure. CAR 06/162009 cvd $500 00 (2 of 2) for fine. AMW O6/04/2009 Inspeded property on complaint of vehiGes exhibited for-sale and observed no vehicles exhibited for-sale on property. One vehicle parketl on Universi Ave in front of property with for-sale sign in window that does not appear to be associated with this business JWF 05/19/200 cvd $500 00 (7 of 2) for fine. AMW 04/29 009 Payment plant set up for fne. Two payments of $500 due 5/15/09 and 6/15/09. LAB 04/06/2009 Mailed Fine letter. �1,000 due 4/'17/09. LAB 031'f 8/2009 Counal File #D9306 imposed $1000 matirix penalty for 2nd violatlon of license conditions in a 12 month penod (violated conditions #1, #14, and #8). Payment due within 30 days. JWF 03/09/2009 Except for new curb cut property is m compliance with Ocense conditions at time of inspection. Licensee has submitted for new CUP to permit acce roperty from west end off of Hamtine Ave and thru 1333 Universrty property. CUP is under review JWF Z� 02/09/200� Notice of violahon from CAO for iicense condition and CUP violahons. Given to 02/20/2009 to respond CAR 02 9 Per site inspection, bathtub still here outside of and next to trash dumpster, vehicles with expired plates still on propeRy, vehicles parked longer than 10 days on property, and traJer at east end of bwiding is iocked. Code Enforcement will issue abatement orders for speafic vehicles as aQphcable, and bathtub. JWF 02/03/2009 To CAO for adverse action Pictures attached. CAR 02/03/2009 Memo from Jeff Fischbach indicates 3 condition violations Business is open on Saturday, cars are staying on the lot for longer than 10 days, and curb cut has not been made or variance apphcation submitted. $1000 matrix penalty CAR 01/24/2009 Per site inspection (Saturday) business is closed, vehicles with expired tabs parked on property, vehicles parked on property longer than 10 days, no curbcut installed NE wmer property. JWF 01/22f2009 Per site mspection, veMcles wdh expired tabs still on property (licensee gave explanaUon), vehicles parked longer than 10 days on property, white fiberglass tub on extenor property, no curbcut installed NE corner property Discussed issues with Jerry Castl�o Atlwsed I was reinspecting and would report back to my supervisor who would decide if adverse adion will be taken Told Mr. Castillo vehicles with expired tabs cannot be on property, les cannot be parked on property for longer than 10 days per license condRwns JWP 01/21/2009 cvd $500.00 for conddion violations. AMW 01l70/20q9 Per site inspection, business is open on a Saturday (tires displayed for sale outside, workmg brmging tires out), vehicles parked on Iot wRh ` s, no curb wt installed NE corner property. Verbal orders issued to close estabhshment and remove vehicles with expired tabs JWF I� 01/07/2009 Nohce of Violation from CAO for condition violations. Given to 01/192009 to respond $500 matrix pe�alty CAR 12/17/2008 Licensee has obtained forms for revision of the CUP, but has not filed the request or paid the fees. CAR 72/16/2008 Letter sent stating licensee must operate in compliance with all license conditions at all Umes. Included specific clanfica6on that business cannot be open on weekends (i.e., Saturday or Sunday), and before 9:00 a.m. or after 7:00 p m, weektlays Includetl copy of Iicense condifion aff�davd signed by licensee and CUP #08-040632 JWF 12/�5/2008 Received complaint that business was open on the weekend, despite verbal clarification from Larry Zangs that the license conditions do not permit weekend operation. DSI to send wrRten conficmation of the license conddwn CAR 12/'IS/2008 To CAO for adverse action Recommendation is for a$500 penaity, and compliance with all license conditions CAR 72/09/2008 I went to the above address in response to the pictures taken by Mr. Logan. The truck with the hres plate #V5806 had 2 hres m rt There were 2 red cars sdting on a �ack and on the rim of a tue with the front tire missing. They were located at the W s�de of the building next to the fence This would be a violation of cond. 10 and 73. The groc carts were still there. There was a trailer with the old bathtub stiil on it at the E. side of the bwlding and an old computer that appears to have been dumped on the property at the alleyNwlation of cond.# 8. I did not see any tires on the propeRy other than the 2 in ihe truck, and those that were being displayed. They may have been picked up and are the ones on the truck KS 12/04I2008 Emad from Jeff Hawkins mdicating violations noted in 1210112008'mspection Jeff requestes referral to the CAO for adverse actron for uncorrected violations of conditions #1,3, 6, 8, 9, and 10 CAR 72/03/2008 Spoke with Jerry (owner)m response to a complaint took pictures of hres They are display tires that come out in the mommg and go in at dose. The car with expired tabs was an employee I didn't ck. for other violatwns at the tttne. KS 72/01/2008 Jeff Hawkins reinspected and still found several violations. CAR 11/78/2008 Letter from Jeff Hawkins indicating violations noted on 11/05/2008 inspection. Given until November 25, 2008 to correct violations. CAR 11/05/2008 Jeff Hawkins inspected location in response to complaints CAR 09/23/2008 Revised license conditions affidavd signed by licensee. RS OS/27/2008 Council Resolution OS-944 approved the issuance of this license application. RS OS/18/2008 Legislative hearing held Nhia Vang recommended adding an additional hcense condi6on, "There will be no test driving of vehicles on rresidenhal streets" (as proposed by Distnct 11). Weekend auto repair & parts saies are prohibited by the conditions of the CUP - R will have to be modified by the Planning Commission if the licensee wishes to be open for auto repair or parts sales on weekends OS/08/2008 Notice of legislative Hearmg sent; set for Mon , Aug 78, 2008, at 10 a.m , in Room 330, City Hall RS 06l27/20�8 Sent 30-day notificaHons�, response deadline is Aug 1, 2008. 39M�, 37EM RS 06/23/2008 Rcvd $764.00 cash for NSF check. AMW O6/20/2008 Fee paid in full CAR 06/20/2008 Fee has not been paid To CAO for license denial CAR O5/29/2008 A lady came in to pay NSF check with another check, I told her it had to be paid with cash or a money order, she said the apphcant will be in tomorrow 530-OS to pay She said he is out of town today 05/20/2008 Letter sent giving applicant until 5/28/2008 to pay for apphcation. CAR 05120/2008 Rcvd NSF ck #1075 for $749.00. Now owes $764 00 AMW 10-118 Address Licensee � Cordact � License � Cardholder � a Licensee Name: MIGOS TIRES DBA: AMIGOS TIRES Sales Tax Id: FirrcJ Na+n+ 4K C�r�cel New Search Help � ., .'.'.. + - . .. . . �. - .. ' " ' " �- e- I34i�07�;35; 0. �thAIGflS Ti1�Ev �hdC ktvilr,�� TIF.E� �.��ti Repair ��ra��e �,cfi•,+e < .Cice - . . . - - .. - - � - - 10-118 �.6� �,.;� ,c�.�, � License � Licensee � Lic. Types � Insurance � Property �' Licensee Street #: 309 Street Name: �JNIVE'� RSITY Street Type: AVE Unit Ind: � City: T PAUL State: �� dVard: � Dist CaunciC 11 Direction: Unit #: Zip: 55104 Browse Licensea: DBA: Sales Tax �' Unofficial TIRES {NC TIRES � Bus PI Licensee MIG4S TIRES INC DBA MfG05 TIRES � Bond � ftequiremerds � Project Facilrtatar: SOLEY, REID T Adverse Action Commerhs 2t4l1]$ JJH hristine, reinspected Amigos Tire at 1309 University Ave. W.in ... . 1�- �...1�.. � Y F1�.._.�I.�..A(1 �1llf�ll License Group Commerrts � 2P022009 E-maii from Jeff Fischbach documerding nspection made on 12AJ1 l2009. Inspector estimates that here were approximately 350-400 tires stored autdoors hile the business is closed, in violation of license ondition_#8. Ph�to documen[ation include�. Jeff Licensee Comme�ts: I ) 34Q-D426 Licanse Type Class Eff+ei�ive Auto Repair Garage N ' 06!"23rZ00S Second Hand �ealer - Motor Vehicle PartN 06Y23f�008 Lic�iryse � �6C23l2010 ' 06l23l2010 Tatel: N N License F�e $431.0� $431.00 $852.�a sa�e cnanges to Hlstor+� Canc�l H�lp 10-118 � z� �v P2y Pnnt zr, 1�t License Licensee Licensee Name: �.t, DBA: �th Sales Tax Id: �2 AA Contract Rec'd: J�0 AA Fee Collected: �0 Other Aaencv Licenses � Licensee MIGdS TIRES INC DBA MIGOS TIRES � Lic. Types � Insurance � Bond � Requiremerits � GOS TIRES INC G05 TIRES 7555 Non-Profit: � �IUorker's Comp: 6�23t�010 I�Id00� AA Training Rec'd. OlOON�00 10N�0� Discour�t Rec'd: � s�ther Licensing ,4gency Name t License Tppe License # Expirati Corrtacts forthis Licensee ( Addr. Typs �4e#�ue inactdve Last Name First tilame __ ._.____ � _ .._ _.. . _ . �.",,,'' _ � ProperEies... Financial Hold Reasons Reason Retive 6ate ..r...v.�.......„.. �..,.�..,._.J. . _ _ _ NSF N O5�'20f2�08 Tit3e Backgraund Check Required �"' ��{ ��._, � Frop�rt' Licensc i� �7800D123� Changes to Nistory Mail License To: 8ws. Phone �o �; Mail To Carrtact 51) 340-0426i t" License Addres: �-Mail invoice Ta: — j � Mail Ta Cor�tact �,., � �` License Addres: License Group Conditions Text Licensee: pMIG05 TIRES INC p AMIGOS TIRES License #: 20080001235 10-118 12107/2009 �- Sde access directly to a public street is provided wrth the installation of a curb cut and dnveway onto Syndicate Street, to be mstailed by October 31, 2008 The new curb w[ shall be constructed in accordance with City standards and under a permit issued by ihe St Paul Public Works Dept 2 The applicant submits a letter of credit or cash escrow in the amount of 53,000 to the CRy of Saint PaW for installaGon of the arb cut and dnveway 3. The weekday auto repair use will be operated in accordance with the terms described in the apphcation and approved sde plaq including that the hours of operation wili be behveen 9:00 a m antl 7:00 p.m. 4 The business wiil be established and operated in compliance with all Crty codes and licensing reqwrements 5 The apphcant meets all other reqmrements for site plan approval by City staff 6 The reqwred parking spaces for employees and customers of the auto repair and tire sales operetion is nineteen (79), there are nineteen spaces east of the building along the north side of the lot marked for customer and employee use; all vehicles on the site must be parked as shown on the approved site plan on f le in DSI, dated 6l02/OS (Any changes to the site plan must be approved by the Zoning Administrator). 7 Customer and employee vehicles shall not be parked or stored on the street or atfey Thrs inGudes cars which have been tepaired antl are awaiting pick-up by their owners. All vehicles on the site must be parked as shown on the approved site plan on fle in DSI, dated 6/02/08 (Any changes to the site plan must be approved by the Zoning Administrator). 8 There shall be no extenor storage of vehicfe paAS, tires, oil or a�y other similar materials assoaated with Ihe business. lrash will be stored in a covered dumpster 9 The license hoider agrees to mamtain the fenang, vehicle location and vehicle barners in a manner consistent with the approved site plan '10 All vehides parked outdoors must appear to be compfetely assembied wrth no maJOr botly parts missing 11. Vehide salvage is not permitted. 12 Auto botly and painting are not permitted. 13 No auto repair of vehicVes may occur on the extenor of 1he lot or m the pubhc ngM-oS-way. All repair work must occur withm an enclosed buiYdmg 14 Customer vehicles may not be parked longer than 10 days on the premises It shall be the responsibihty ot the Iicensee to ensure than any vehicle not claimed by its owner is removed from the lot as permitted by law 15. Prov'rde maneuvenng space on the propeny to allow vehides entenng and exding the site to proceed fonvard as sLpulated on the approved ste piao 16 Licensee must comply with all federal, state, and local laws 17. Storage of vehicie fluids, batteries, etc. shall be in accordance with Ramsey County Hazardous Waste Regulations. 18 The ficense will be reviewed for compfiance with these conddions every six (6) months Pailure to remain in compliance will result in adverse acLOn againstthelicense 19 VehiGes associated with the outdoor market operatlon shall not be parked or stored on the srte Monday through Friday 20 There will be no test driving of vehides on residen4al streets. ' :i I �: ]efFrey Fischbach - 1309 University Ave - Amigos Tires - Lic ID #20080001235 :,�.:._. ..�. � �_,��,.=_...u� �,,.� _,>. .��-�. .. _......, _ —_- a _ .�... �_ «-__ , ,».v ,,.� � . _w_. From: Jeffrey Fschbach To: Rozek, Christine Date: 12/2/2009 12:42 PM Subject: 1309 University Ave - Amigos Tires - Lic ID #20080001235 Attachments: Photo0086.jpg; Photo0072.jpg; Photo0073.jpg; Photo0074.jpg; Photo0076.jpg; Photo0078.jpg; Photo0079.jpg; Photo0080.jpg; Photo0081.jpg; Photo0083.jpg Christine, Attached are the pictures I took on Tuesday, December 1, 2009, between 8:00 a.m and 8:30 a.m. at 1309 University Avenue West. I observed exterior storage in the following areas of the property: . West side of the buildi�g: 350-400 tires . East side of [he building: A car ramp that is commonly used to display vehicies for sale, and misceflaneous wood material. There was a sign on the front door stating the business was closed, nobody answered the door when I knocked, and there was no activity on the property during the time I was there. The repair garage bays were completely full of tires, and it didn't appear there was room to place more tires inside that area of the building. Jeff F. ]effrey Fischbach DSI Inspector III - Project Facilitation City of St.Paul, Department of Safety and Inspection (DSI) 375 Jackson St, Suite 220 St.Paui, MN 55101-1806 Telephone: 651-266-9106 Fax:651-266-9040 emaif: jeffrey.fischbach@ci.stpaul.mn.us file:f/C:\Documents and Settin�s\fischbai\Local Settin�s\TemplXP�mwise\4B1660A1mai1... 12(4/2009 10-118 OFFICE OF THE CITY ATTORNEY John J. Choi, CityABomey SAINT PAUL CITY OF SAINT PAUL C�vilDivision � ChristophBrB. Coleman, Mayor 400 Cify Hall Telephone: 657 266-8710 75 West Kellogg Bfvd. Facsimile: 651 298-5619 AAAA Saint Paul, Minnesota 55702 December l6, 2009 NOTICE OB VIOLATION Jerry Castillo Amigos Tires 1309 University Avenue West St. Paul, MN 55104 RE: Auto Repair Garage and Secand Hand Dealer — Motor Vehicle Parts licenses held by Amigos Tires, Inc., d/b/a Amigos Tires for the premises located at 1309 University Avenue West in Saint Paul License ID #20080001235 Deaz Mr. Castillo: The Department of Safety and Inspections (DSp has recommended adverse action against the Auto Repair Garage and Second Hand Dealer — Motor Vehicle Parts licenses held by Amigos Tires, Tnc., d/b/a Amigos Tires for the premises located at 1309 University Avenue West in Saint Paul. The basis for this determination is as follows: On December A, 2009, based on a complaint from the City Council office, an inspector from DSI inspected Amigo's Tires at 1309 University Avenue. He took several pictures and noted the following violations to your license conditions: 1) Approximately 350-400 tires stored outside on the West side of the building while your establishment was closed and 2) A car ramp and miscellaneous wood material stored outside on the East side of the building. These are both violations of license condition #8 which states: "There shall be no exterior storage of vehicle parts, tires, oil or any other similar materia�s associated with the business. Trash will be stored in a covered dumpster." This is now considered a third (3` violation to the conditions of your license, so per Saint Pau] Lzgislative Code §310.05 (m) (1) the licensing of�ce will recommend a$Z,000.00 matrix penalty and a 10-day suspension of your licenses. Affirmative Action Equal Opportunity Employer 10-118 Amigos Tires Aecember 16, 2009 Page 2 At this time, you have two 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]etter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, December 28, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $2,000.00 matrix penalty and 10-day suspension of your licenses. You will have an opportunity to apgeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a heazing before an Administrative Law 7udge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine each other's witnesses. The St. Paul City Council will ulumately decide the case. If this is your choice, please advise me no later than Monday, December 28, 2009, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the imposition of the $2,000.00 matrix penalty and 1Q-day suspension of your licenses. In that case, the matter will be placed on the City 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, � / ` �� ,,� �//� (n/ T � l / //// V/ l� L WL�"vJ � C X•�G �L'� 1 Virgini Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Jerry Castillo, 1621-7` Street East, St. Paul, MN 55106 Jun-Li Wang, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 Affirmative Action Equal Opportunity Empioyer STATE OF MINNESOT ` ` / SS. COUNTY OF RAIvISEY ) AFFTDAVIT OF 5�.. JICE BY U.S. MAIL 10-118 Julie Kraus, being first duly swom, deposes and says that on the �� day of December, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Jerry Castillo Amigos Tires 1309 University Avenue West St. Paul, MN 55104 Jerry Castillo 1621-7�' Street East St. Paul, MN 55106 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Paul, MN 55104-1832 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Pau1,lVTinnesota. �� Julie aus Subscribed and sworn to before me this /'� �day of December, 2009 �� y�`� Notary Public RtTA M BOSSARD NOTARY WBLIC-MINNESOTA MY COMMISSION EXPIftES dAN. 31. 20 t 0 2010-01-OB 15:16 AMIGO"S 6512078522 » 651 298 5619 10 _�1�1 AMIG� S TIRE �, INC 1309 University Avenue Saint Paul MN 55104 (651) 340-0426 Fax (551) 207-8522 O1l08l10 Dear Virginia Palmer, I am writing this letter to confirm the choice Mr. Je�ry Castilio has made concerning the Notice of Violation we received. I spoke with both Julie and Virginia about the Notice and our options in late December, letting them know that Mr. Casti)lo has chosen to go with option # 1, where we admit the facts but contest the penalty. There are no days that I have been made aware of that Mr. Castillo can attend a public hear•ing. If you have any questions please cal) me at the number listed above. T nk you, 4�� atisha Wilhelm JRN-08-2010 16�05 Rh1IG0*S 95i P.01 19-118� -� � Chapter 310. Uniform License Procedures Page 1 of 3 (m) Presumptrve pena/ties for certain violations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor lice�se § 4pg.26 shali appfy where a specific violation is listed. In the case of a� adverse action filed for a violation of chapter 331A, the licensee shal! be given a fine for each individual violation of § 331 A. The total fine amount for violations of § 331A may exceed the maximum fine outlined below due to multiple violations in one (1) appearance. All penalty recommendations for chapter 331A violations shall be based on the food penalty guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every case; however the councii 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. TABLE INSET: Type of Violation (1) Violations of conditions placed on the license (2) Violation of provisions of the legislative code relati�g to the licensed activity (3) Violation of provisions of the legislative code relating to the licensed activity, other than violations of the food code (4) Failure to permit entrance or inspection by DSI inspector or police (5) Commission of a crime other than a felony on the premises by a licensee or I(6) Commission of a felony on the premises by a licensee or employee (7) Death or great bodily harm in establishment related to violation of law or license conditions (8) Failure to pay license fees (9) Critical violations under 331A Appearance 1st 2nd $500.00 fine $1,000.00 fine $500.00 fine $1,000.00 fine $5�0.00 fine 5-day suspension $700.00 $2,QQ0.00 30-day suspension $1,000.00 fine 10-day suspension $1,5��.00 Revocation 60-day suspension Revocation 3rd $2,000.00 fine and 10-day suspension $2,00 00 0 inef and 10-day suspension $2,000.00 fine and 10-day s�spension 15-day suspension 5-day suspension n/a Revocation $1,000.00, 5- day suspension 4th Revocation Revocation Revocation Revocation Revocation n/a n/a Revocation $1,000.00 $250.00 $500.00 (10) Non-critical violation under 331A $150.00 $250.00 (i) Fines payable without hearing . $500.00 Chapter 310. Uniform License Procedures 10-118 Page 2 of 3 A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the Department of Safety and Inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid without a hearing regardless of how many prior appearances that ficensee has made before the Council, The above council hearing requirement applies to violations under Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equal to or less than the fine amount outlined in the above matrix. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shall not be considered an "appearance" for purposes of determining p�esumptive penalties for non-331A violations. A council hearing is required if the Department of Safety and Inspections recommends a fine that is an upward departure for the amount outlined above. (ii) Multiple violations. At a licensee's fiirst appearance before the city council, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the lice�see under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penafty for each such violation under the "1st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for depart�re from such penafties in the council's discretion. (iii) Violations occurring after the date of the notice of hearing. 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 council 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. (iv) 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 particular violation or viofations that were the subject of the first or prior appearance. However, non-critical violations of Chapter 331A shall not be counted as an "appearance" before the Council in relation to any violation other than another violation of Chapter 331A. (v) Computation of time. (1) If a licensee appears before the council for any violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above or section 409.26, 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 Chapter 310. Uniform License Procedures io-ii� Page 3 0 3 for violations listed in paragraph (m) or section 409.26, and if said licensee again appears before the council for a violation listed in paragraph (m), and if the current violation occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shaN 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 viofations listed in paragraph (m) or section 409.26, and if said licensee again appears before the council for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) 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 tweive (12), eighteen (18), or twenty-four (24) 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. (5) Notwithstanding subsections (iv)(1), (2), (3j or (4) above, a second appearance before the council regarding a death or great bodily harm in a licensed estabfishment that is related to a violation of the law or license conditions shall be counted as a second appearance, regardless of how much time has passed since the first appearance if the first appearance was also regarding a death or great bodily harm in a licensed establishment. A third appearance for the same shall be counted as a third appearance regardless of how much time has passed since the first or second appearance. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13- 94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-18Q § 1, 4-6-05; C.F. No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. 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