10-15Council File # 10-15
Green Sheet # (j � ` q
RESOLUTION
CITY SAINT PAUL, MINNESOTA �
Presented by
1 WHEREAS, adverse action was taken against the Mobile Food Vehicle license held by Abuadm
2 Omer d/b/a Red Sea (License ID#20080001491) for the City of Saint Paul by Notice of Intent to Suspend
3 License dated December 2, 2009, alleging licensee failed to pay delinquent license and late fees in the
4 amount of $364.OQ call for a vehicle inspection and submit required information to renew the license; and
6 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office also
7 recommended a$500.00 matrix penalty for failure to call for a vehicle inspection and submit required
8 information; and
9
10 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
11 delinquent license and late fees, call for a vehicle inspection, submit required information, request a
12 hearing or notify DSI that they no longer wish to do business in St. Paul; and
13
14 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
15 license and late fees, the $500.00 matrix penalry, call for a vehicle inspection and submit the reguired
16 information by December 14, 2009, that the matter would be placed on the consent agenda to impose the
17 recommended penalty; now, therefore, be it
18
19 RESOLVED, that the Mobile Food Vehicle license held by Abuadm Omer d/b/a Red Sea is hereby
20 suspended and the licensee is ordered to pay a matrix penalty of $500.00. Payment of such penalty sha11 be
21 made within thirty days of the date of the adoption of this resolution.
Requested by Department of:
� c�.�, �.�Z .lr,s��„=�s
B J-�� ��-�-
Form
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Adop[ion Certified by Counc� Secretary Form
By: r By:
Approved Ma or< Date ���-�" 7iOL(�
By: �
10-15
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
)epartrneny0ffice/Council: Datelnitiated: j
S � _Dept.ofSafety&Inspections i 17DEC2009 � Green Sheet NO: 3092379
l Contad Person 8 Phone: 4 �.
Virpinia D. Palmer
266-8710 ' � 1
' � Assign i 2
! Must Be on Council,A enda be (Date}� i Number
� 06JAN-10 � M � For � 3
� Routing 4
I Doa Type: RESOLUTION 'I Order i 5
I
I E-Document Required: Y I I i
Document Contact: �ulie Kraus
Contact Phone: 266-8776 I
i
ToWI # of Signature Pages _(Ciip All Locations for Signature)
�
`�
Approval of the attacbed resolurion to take adverse action against the Mobile Food Vehicle license held by Abuadm Omer d/b/a Red
Sea (License ID#20080001491) for the Ciry of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Foliowing Questions:
'I. Has this persoNfirtn ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current ciry employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees of $364.00, call for a vehicle inspection and submit required documents to
renew the license. After norification, licensee did not respond to the Notice of Intent to Suspend License.
Advantages {f Approved:
License suspension and imposition of $500.00 matrix penalty.
DisadvanWges If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosGRevenue Budgeted:
Activity Number:
December 17, 2009 � 1:26 AM Page 1
10-15
SAINT
PwOL
�
AAl1A
CITY OF SAINT PAUL
Chrisfopher B. Colemaq Mayor
OFFICE OF TF� CITY ATTORNEY
John J. Choi, CiryAttomey
Telephone: 657 266-8710
Facsimile: 65i 298-5619
December 2, 2009
Civi! Division
400 City Hail
15 West Kellogg BNd.
Saint Paul, Minnesota 55102
NOTICE OF INTENT TO SUSPEND LICENSE
Abuadm Omer
Red Sea
4610 Fillmore Street NE
Columbia Heights, MN 55421
RE: Mobile Food Vehicle license held by Abuadm Omer d/b/a Red Sea for the City of Saint Paul
License ID #20080001491
Deaz Mr. Omer:
The Department of Safety and Inspections (DSn has recommended suspension of the Mobile Food Vehicle
license held by Abuadm Omer d/b/a Red Sea for the City of Saint Paul. The basis for the recommendation is as
follows:
On October 27, 2009, you were sent a letter and RENEWAL INVOICE from the
Depardnent of Safety and Inspections (DSI) stating that your Mobile Food Vehicle license
had expired as of May 13, 2009, and you now owed $364.00 in delinquent 6cense and late
fees. You were also asked to call for an appointment to have your vehicle inspected and
submit a number of required documents listed at the bottom of you Renewal Invoice.
You were given until November 1'7, 2009, to pay the delinquent license and late fees,
arrange for a vehicle inspection and submit the required information. As of today's date,
the delinquent license and late fees have not been paid, your vehicle has not been inspected
and the required documents have not been submitted.
In addition to the suspension of your license, per Saint Paul I,egislarive Code §310.05 (m) (2), the licensing
office will also recommend a$500.00 matrix penalty for failure to arrange for a vehicle inspection and submit required
documents in order to maintain your license.
At this rime, you have three options on how to proceed:
You can pay the delinquent license and late fees, the $500.00 matrix penalty, azrange for a vehicle
inspection and submit the tequired informa6on. If this is your choice, you should send the payments and
requested information directly to the Deparhnent of Safery and Inspections, at 375 Jackson Street, Ste. 22Q
St. Paul, Minnesota 55101-1806 no later than Monday, December 14, 2009. Information should be
directed to the attendion of Christine Rozek. A self-addressed envelope is enclosed for your convenience.
You will also need to contact DSI to arran¢e for a vehicle insoection. Payment of the delinquent
license and late fees, matdx penalty, vehicle inspecrion and submission of the requested information will
be considered to be a waiver of the hearing to which you aze entitled.
Affirmative Actinn F.nnal nnnnrt�mitv FmnlnvPr
10-15
Red Sea
December 2, 2009
Page 2
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 letter with a statement admitting the facts and requesring a public
hearing. We will need to receive your letter by Monday, December 14, 2009. The matter will then be
scheduled before the City Council for a public hearing to determine whether to suspend your license and
impose the $500.00 mah penalty. You wiIl 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 [o send a written statement to
that effect to the Departrnent of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, December 14, 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 suspension of
your license and imposition of the $500.00 matris penalty. In that case, the matter will be placed on the
City Council Consent Agenda for approval of the recommended penalty.
If you have quesrions about these options, please feel free to contact me at 266-8710.
Sincerely,
�;r��;,r,��, p�,�„ ��>
Virgini D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
STATE OF MINNESOT ' `
J SS.
COUNTY OF RAMSEY )
10-15
AFFIDAVIT OF 5�... JICE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the,�.nd day of
December, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by
placing a true and correct copy thereof in an envelope addressed as follows:
Abuadm Omer
Red Sea
4610 Fillmore Street NE
Columbia Heights, NIN 55421
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Julie us
Subscribed d sworn to before me
this�day of December, 2009
�,'� ,����
No Public
RITA M. BOSSARD
NOTARY PUBLIC • MINNESOTA
MY COMMISSION
IXPIRES JAN. 31, 2 0 1 0
Chapter 310. Uniform Licen. `rocedures
10-15
Page 1 of 3
(m) Presumpti✓e penalties for certain vio/ations. The purpose of this section is to establisn a
standard by which the city council determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall appiy to all license types, except that in
the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A
may exceed the maximum fine outli�ed below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A vio;ations shall be based on the food penalty
guideline referred to in chapter 331A. These pena�ties 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 carr�pelling reasons making it more appropriate
to do so. When deviating from these standards, tiie council shall provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Appearance
Type of Violation 1 st 2nd 3rd 4th
"(1) Violations of conditions $500.00 fine $1,000.00 �2 000.00 sne ftevocation
' placed on the license fine and 10�day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation
other than violations of the fine suspension
food code
(4) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension suspension
DSf inspector or police
(5) Commission of a crime
oiher than a felony on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,000.00, 5- Revocation
331 A $250.00 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payable without hearing .
Chapter 310. Uniform Licen. 'rocedures
10-15
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 wt�ich 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 licensee
has made before fihe 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" fior 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 presumptive penalties
for non-331A violations. A counci! 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 first 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 licensee under the administrative procedures act
up to and including ±he formal notice of hearing. The council in that case shall consider
the presumptive penalty for each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for
departure from such penaities in the council's discretion.
(iii) Violations occurring after the date of the nofice 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 shali in that case be treated as though part of the "1st
Appearance." In all other cases, violation§ 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) Subseque,nt �npearances. Upon a second, third or fourth appearance before the
councif by a particular licensee, the council shall impose the presumptive penaity for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violations 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) tf a licensee appears before the counc�l 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
10-15
Chapter 310. Uniform Licen: 'rocedures Page 3 of 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
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 violations 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 twelve (12), eighteen (18), or twenty-four
(24) months have elapsed shall be the date of the violation last in time at the first
appeara�ce, and the date of the violation first in time at any subsequen4
appearar�ce.
,,,
(5) Natw�thstanding subsections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
licensed establishment 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. 05-180, § 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. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)