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10-201Council File # � - a-d /� Green Sheet # ' � RESOLUTION �� OF SAINT PAUL, MINNESOTA Presented by 1 WHEREAS, adverse action was taken against the Liquor-Outdoor Service Area (Sidewalk) license 2 application submitted by DJONT Operations, LLC d/b/a Embassy Suites St. Paul Downtown (License ID 3#20090000865) for the premises located at 175-10�` Street East in Saint Paul by Notice of Intent to Deny 4 License dated Januazy 6, 201Q alleging licensee failed to submit a copy of the signed license condition 5 affidavit and proof of General Liability insurance with regard to the sidewalk seating azea in order to 6 complete the application process; and 7 8 WHEREAS, the Corporation did respond to the Notice of Intent to Deny License but the licensee 9 then failed to follow-up to submit the requested information, request a hearing or withdraw the license 10 application; and 11 12 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to submit the 13 required information, request a hearing or withdraw his license applicaUon by January 18, 2010, that the 14 matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 15 16 RESOLVED, that the Liquor-Outdoor Service Area (Sidewalk) license application submitted by 17 DJONT Operations, LLC d/b/a Embassy Suites St. Paul Downtown is hereby denied. Yeas Nays Absent Requested by Department of: ✓ �' �/ Cc'".R � Thune � Form Approv d by City Attorney� � � � $y: �-�, A > / Adopted by Council: Date �/Z�j�'////J Adoption Cert�ifi / by Counc ecretary Form Approved by Mayor for �S to Council BY� i�/�/ii�l� �/.i�i�d�J By: �C.�,� ��J� o2�/�dJ�/l� Approve� Date � �! �2o1c7 � By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet '�, DepartmenUOffice/Council: Date Initiated: ��, SI - Dept. of Safety & Inspections � OS FEB 2010 , '� CoMact Penon 8 Phone: ' � '' Virpinia D. Palmer i 2 66-8710 Assign �, Must Be on Counc I Agenda by (D e): � Number i 24-FEB-10 ��9 �-� i For Routing ! Doa Type: RESOLUTION �� Order E-Document Required: Y Document Contact: �ulie Kraus Contact Phone: 266-8776 j I I Total # of Signature Pages _(Clip All Locations for Signature) l0'�bl Green Sheet NO: 3098119 � � 3�Mavor's OfSce Mayor/ASSistant I� J��'l� � 4 Counc� �� Cih Council �� l 5 'City Clerk Citv Clerk � Action Requested: Approval of the attached resolution to take adverse action against the Liquor-Outdoor Service Area (Sidewallc) license applicarion submitted by DJONT Operations, LLC d/b/a Embassy Suites St. Paul Downtown (I,icense ID #20090000865) for the premises located at 175 - l Oth Street East in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 7, Has this persoNfrm ever worked under a contrad for lhis department? Yes No 2, Has this personffirm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city 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 submit a copy of the signed license condition affidavit and proof of General Liability insurance with regard to the sidewalk seating azea in order to complete the application process. After norification, the Corpora6on did respond but the licensee failed to follow-up and submit the requested information, request a hearing or withdraw the application. Advantages If Approved: License Denial. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) February 10, 2010 10:03 AM Cost/Revenue Budgeted: Activity Number. Page 1 � /a-a�l SAINi PAUL � AIIIIA CITY OF SAINT PAUL Chnstophe�B. Coleman, Mayor OFFICE OF Tf� CITY ATTORNEY John J. Choi, CifyAttomey Civil Division 400CiryHall Telephone:651266-8710 15 West Xellogg Blvd. Facs�mile: 651 298-56 7 9 Saint Paul, Minnesota 55102 January 6, 2010 NOTICE OF INTENT TO DENY LICENSE Bob Kinsella Embassy Suites St. Paul Downtown 175 — 10`� Street East St. Paul, MN 55101 RE: Liquor-Outdoor Service Area (Sidewalk) license application submitted by DJONT Operations, LLC d/b/a Embassy Suites St. Paul Downtown for the premises location at 175 — 10` Street East in Saint Paul LicenseID #20090000865 Dear Mr. Kinsella: The Department of Safety and Inspections (DSI) has recommended denial of the Liquor-Outdoor Service Area (Sidewalk) applicarion submitted by DJONT Operations, LLC d/b/a Embassy Suites St. Paul Downtown for the premises location at 175 — 10�' Street East. The basis for the recommendation is as follows: On November 3, 2009, you were sent a letter from the Department of Safety and dnspections (DSY) stating that your license application has been in a pending status since June 2, 2009 because the following requirements had not been met: 1) sign and return one copy of the ]icense condition affidavit acknowledging the conditions that will be placed on your license and 2) submit proof of General liability insurance with a minimum coverage of $500,000 for each occurrence/$1,000,000 aggregate, specifically stating the sidewalk seating area is covered by the insurance and the City of Saint Paul is listed as an additional insured with respect to the sidewalk seating area. You were given until November 20, 2009 to submit the requested information. As af today's date the information has not been received. At this time you have three options on how to proceed: You can return a signed copy of the license condition affidavit and the required insurance informauon. If this is your choice, please send the information to the Department of Safety and Inspections (DSI) at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, January 18, 2010. A self-addressed envelope is enclosed for your convenience. Submission of the requested informaaon will be considered a waiver of the hearing to which yoa are enutled. Affirmarive Action Equal Opportunity Employer Embassy Suites S[. Paul Downtown J�,U�y 6, zoio Page 2 jo-�Ol 2. lf you wish 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 requesting a public hearing. We will need to receive your letter by Monday, January 18, 2010. The matter will then be scheduled before the City Council for a public hearing to detemune whether to deny your license. You will have an opportunity to appear before the Council and make a statement on your own behalf. You may withdraw your license applicaUon. Send a written statement to that effect to the Department of Safety and Inspections at 375 Jackson Street, Suite 220, St. Paul, Minnesota 55101-1806 no later than Monday, January 18, 2010. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to the Department of Safety and Inspections. If you have not contacted me by that date, I will assume that you do not contest the denial of your Liquor-Outdoor Service Area (Sidewalk) license. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have any questions, feel free to call me at (651) 266-8710. Sincerely, � 1 Y��'� �, 1�G1X11 P 1�,� C l�f �L ) U Virginia D. Palmer Assistant City Auomey cc: Christine Rozek, Deputy Director of DSI Liz Blackwell, Felcor Lodging Trust Incorporated, 545 John Carpenter Freeway, Ste. 1300, Irving, TX 75062 Katie Sabaka, Exec. Director, Capitol River CounciUDistrict 17, US Bank Center, 101 East 5` Street Suite 240, S[. Paul, MN 55101 Affirmative Action Equal Opportunity Employer STATE OF MINNESOT � ss. AFFIDAVIT OF SE_ ,ICE BY U.S. MAIL COUNTY OF RAMSEY ) �0 - �-D/ Julie Kraus, being first duly sworn, deposes and says that on the �� day of Januazy, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Bob Kinsella Embassy Suites St. Paul Downtown 175 — 10�' Street East St. Paui, MN 55101 Liz Blackwell Felcor Lodging Trust Incorporated 545 John Carpenter Freeway, Ste. 1300 Irving, TX 75062 Katie Sabaka, Exec. Director Capitol River Council/District 17 US Bank Center 101 East 5` Street, Suite 240 St. Paul, MN 55101 (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.�.� � ie Kraus Subscribed and sworn to before me this �day of January, 2010 ` �` � � Notary Public RITA M. BOSSA� NpTARYPUBLiC•MMMESOTA � MY COMMISSION EXPiRES JAN. 31, 201 0 �o - �-�/ DEPARTMENTOFSAFETYANDINSPECT[ONS Bob Kenler, Dirulor (.'Ij�Y�F$�rPE��. 375JacksanSVee;Suite220 Telepfione: 651-166-8989 Cluistopher B. Coleman, Mayor St Pnul, Minnesota 5570]-/806 Facsimile: 651-166-9040 WeL.� www.stpaul.gov/dci November 3, 2009 Bob Kinsella, Food and Beverage Manager Embassy Suites St Paul Downtown 175 10 St E Saint Paul, MN 55101 RE: License Application for D70NT Operations LLC, doing business as Embassy Suites St Paul Downtown, ID# 20090000865, Located at 175 lOth St E/ Add a Liquor-Ontdoor Service Area (Sidewalk) license to the e�sting Liquor On Sale - 291 or more Seats, Liquor On Sale — Sunday, Liquor On Sale - 2 AM Closing, Entertaiiunent (B), Restaurant (5) - 151 and Over, Restaurant (D) - Add-on, HotellMotel - up to 50 rooms, HoteUMotel - ea additional room over 50, and Cigarette/I'obacco licenses Dear AppIicant: The above referenced pending license application to add a Liquor Outdoor Service Area {Sidewalk) license to your existing licenses has been in a pending status since June 2, 2009. At this time, you license has not been issued because the following outstanding requirements t�ave not yet been met: Sign and return one copy of the enclosed license condition affidavit aclmowledging the conditions that will be placed on your license(s). A returu envelope has been included for your convenience. Submit proof of general liability insurance showing the following: minimum coverage amounts of $500,000 each occumace/$1,000,000 aggregate, specifically stating the sidewallc seating area is covered by the inswance, and that the City of Saint Paul is listed as an additional insured with respect to the sidewalk seating azea.. You must complete the above referenced acfions by Fridav, November 20, 2009, in order for us to continue processing this license applicafion. Alternatively, if you no longer intend to place tables/chairs on the public sidewalk, you may submit a request to withdraw your application to the attention of Christine Rozek, DSI Deputy Director. We must receive the above referenced additional information or a written request to withdraw your application by Friday, November 20, 2009, or the license appiication request will be referred to the City Attorney for adverse acrion. If you have any questions regarding this matter, I may be contacted at 651-266-9106.. S erely, � � y Fischbach DSI Project Facilitator enc. c. Christine Rozek, DSI Deputy Director Ashley Sandler, Gray-Robinson (via email) Bob Kinsella (via email) Disclaimer: This letter is not an indication that your application will be granted. This letter is intended simply as notice of the ongoing process of your pending application. Page 1 of 2 /D'�D/ JefFrey Fischbach - 175 lOth St E- Embassy Suites St Paul Downtown - Lic ID#20090000865 � �.. �--.-,�=v...t:F..—�..o-�=��_��—��.._N—�—.� �._� — - ...._.._..�,..�,� From: To: Date: Subject: Attachments: :.. Jeffrey Fischbach bobkinseila@popp.net 9/1fiJ2009 12:09 PM 175 lOth St E- Embassy Suites St Paul Downtown - Lic ID#20090000865 20090709125547894.pdf — I have not heard from you regarding this request. The following items need to be completed for us to continue processing your application: Sign and retum the attached license condition affidavit acknowledging the conditions that will be placed on yourlicense(s). Submit proof of general liability insurance showing the following: minimum coverage amounts of $500,000 each occurnace/$1,000,000 aggregate, specifically stating the sidewallc seating azea is covered by the insurance, and that the City of Saint Paul is listed as an additional insured with respect to the sidewalk seating area. Once we receive the signed license condition affidavit, we will then forwazd your request to the City Council for review. Please complete the above referenced actions by Friday, October 2, 2009. Thanks, Jeff F. Jeffrey Fischbach DSI Inspector III - Project Facilitation City of St.Paul, Department of Safety and Inspedion (DSI) 375 ]ackson St, Suite 220 St.Paul, MN 55101-1806 Tele phone: 651-266-9106 Fax: 651-266-9040 email: jeffrey.fischbach@ci.stpaul.mn.as »> Jeffrey Fischbach 8/3/Z�09 11:57 AM »> Bob, Sounds good. I hope you're having a good vacation. Thanks, Jeff F. »> "BOb Kinsella" <bobkinsella@popp.net> 8/1/Z009 2:49 PM »> flP•//C'•\Tl�o��rr�antc anA CPttinac\ficrhhai\T nral CPttinac\TPmnlXPornwice\4AR(1115FiRma i l/�4/7�(19 DEPAR7MENT OF SAFETY AND RJSPECTIONS �� - a ol Bob Kesslvr, Dirutor CI�' �F Sf�r pl�L� 375lacksor. St�eet, Suite 220 Telephone� 657-266-8989 ChruTOpherB.Coleman,Mayor StPauLMinnesom.i5T07-/806 Facsimile: 651-266-9040 Web. www.StpauLgov/ds( u �}� 2��9 Bob Kinsella, Food and Beverage Manager Embassy Suites St Paul Downtown 175 10 Sf E Saint Paul, ;vIN 55101 RE: License Application for DJONT Operarions LLC, doing business as Embassy Suites St Paul Downtown, ID# 20090000865, Located at 175 lOth St E/ Add a Liquor-Outdoor Service Area (Sidewalk) license to the e�sting Liquor On Sale - 291 or more Seats, Liquor On Sale — Sunday, Liquor On Sale - 2 AM Closing, Entertainment (B) Restaurant (S) - 151 and Over, Restaurant (D) - Add-on, HoteUMotel - up to 50 rooms, HotellMotel - ea additional room over 50, and Cigarette/Tobacco licenses Deaz Applicant: Our review of your application for a Iicense is in process. Notification has been sent to the communiry organizarion for the area in which you intend to opetate giving them until Friday, July 24, 2009, to voice any objections to your license applicarion. If no objecrions aze received, your license could be issued (pending any requirements not completely met) appro�mate2y three weeks past the date given above should the City Council approve this request (subject to any waivers granted by the City Council). If objections aze received, regardless of any waiver that may have been granted by the City Council, a hearing will be scheduled before a legislative hearing officer. You will receive norice of the time, place and date of the scheduled hearing from the Legislative Hearing Officer. At that hearing, the hearing officer will take testimony from aIl interested persons and will make a recommendation to the Cify Council as to whether the license(s) should be approved or be referred to an administrative law judge for further review. The City Council will have the final authority to grant or deny this license application. The following requirement must be met prior to the issuance of your licenses: • Sign and return one copy of the enclosed license condirion affidavzt acimowledging the conditions that will be placed on your license(s). A rehun envelope has been mcluded for your convemence. � Submit proof of general liability insurance showing the following: minimum coverage amounts of $500,000 each occumace/$1,000,000 aggregate, specifically stating the sidewalk seating area is covered by the msurance, and that the Crty of Saint Paut is listed as an addirional insured with respect to the sidewalk seating azea.. If you have any questions, please contact Lany Zangs or Jeff Fischbach, DSI Project Facilitators, at (651) 266-9103, or me at (651) 266-9108. Sincerely, � � �� Christine A. Rozek DSI Deputy Director CAR/jwf enc. c. Ashley Sandler, Gray-Robinson (via email) Disclaimer: This letter is not an indication that your application will be granted. This letter is intended simpIy as notice of the ongoing process of your pending app&cation. an Fnnal flrmnmmiN Frrminver