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10-202Council File # � J �"U� Green Sheet # ? "� RESOLUTION OF SAINT PAUL, MINNESOTA J� Presented by 1 WHEREAS, adverse action was taken against all licenses held by GKTC Corp., d/b/a The Lucky 2 Foxx Bar & Grill (License ID#20030005015) for the premises located at 731 Randolph Avenue in Saint 3 Paul by Notice of Intent to Revoke Licenses dated January 15, 2010, alleging the licensee's building was 4 determined to be unoccupied by the Fire Inspection Division and the Certificate of Occupancy had been 5 revoked, the licensee failed to pay delinquent license and late fees of $2,966.00 and submit a cunent 6 certificate of Liquor Liability insurance; and WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to request a public or administrative hearing; and 10 11 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to respond to 12 request a public or administrarive hearing by 7anuazy 25, 2010, that the matter would be piaced on the 13 consent agenda to impose the recommended penalty; now, therefore, be it 14 15 RESOLVED, that all licenses held by GKTC Corp., d/b/a The Lucky Foxx Bar & Grill (License ID 16 #20030005015) for the premises located at 731 Randolph Avenue in Saint Paul are hereby revoked. Yeas Nays Absent Requ sted by Department of: Bostrom ��� � �� Carter � � Harris Helgen - �/�� Lantry BY K Zi Thune � Form Approved y City Attorney � `� // /� gy; �� Adopted by Council: Date -�������jd Adoption Certified by Cou � Secre[ary Form Approved by Mayor for ubmission to Council B Y� � �/-"'� BY� /(J.�'�Gc,f �i��� �'✓ Approvedb y. Date c�7 ���C� By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �, DepartmentlOfficelCouncii: ; Date Initiated: �� J �� � I S � _Dept.ofSafety8lnspections ; 05FE62010 i Green Sheet NO: 3098120 �' Contact Person & Phone: , Virpinia D. Pafiner '� 266-8710 � � Assign Numbe� For i Routing Ocder 0 � 2 3 4 5 DepaitlLentDi[eCtor ' �'�. CiN Attnrnev � � Mavor/AssisFant �� �� , CSty Counc� I Cib Clerk � . i Must Be on Council Age� � by (D�: �. 24- FEB-10 �� W ���'U �I, I j Doa Type: RESOLUTION I E-DocumeM Required: Y I Document Contact: �ulie Kraus I, CoMact Phone: 266-8776 ToYal # of Signature Pages _(Clip A ll Lowtions for Signature) Action Requested: Approval of the attached resolution to take adverse action against all licenses held by GKTC Corp., d/b/a The Lucky Foxx Baz & Grill (License ID#2003000501 S) for the premises located at 731 Randolph Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/frm possess a skill not nortnally possessed by any cuvent city employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee's building was determined to be unoccupied by the Fire Inspectlon Division and the Certificate of Occupancy bad been revoked, the licensee failed to pay delinquent license and late fees of $2,966.00 and submit a current certificate of Liquor Liability insurance. After no[ification, the licensee did not xespond to the Notice of Intent to Revoke Licenses. Advantages If Approved: License Revocation. Disadvantages If Approv¢d: Disadvantages If Not Approved: Total Amount of T2nsaction: Funding Source: Financial Information: (Explain) February 10, 2010 10:04 AM CostlRevenue Budgeted: Activity Number: Page 1 Z �a-���- SAfNT PAUL � AAAA CITY OF SAINT PAUL Chnstopher B. Colemaq Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, City Attomey Telephone: 651266-8710 Facsimde: 651 298-5679 January 15, 2010 Civil Division 400 City Hall 75 West Kellogg Blvd. Saint Paul, Mmnesota 55702 NOTICE OF YNTENT TO REVOKE LICENSES Gloria Caselius The Lucky Foxx Baz & Grill 731 Randolph Avenue St. Paul, MN 55102 RE: All licenses held by GKTC Corp., d/b/a The Lucky Foxx Baz & Grill for the premises located at 731 Randolph Avenue in Saint Pau1 License ID #: 20030005015 Dear Ms. Caselius: The Department of Safety and Inspections (DSI) will recommend revocation of all licenses held by GKTC Corp., d/b/a The Lucky Foxx Bar & Grill for the premises located at 731 Randolph Avenue in Saint Paul. The basis for [he recommendation is as follows: Department of Safety and Inspections (DSI) records show that the Liauor On-Sale 100 Seats of less Second Half license fees, due on October 6, 2009, have not been paid. You now owe $2,966.00 in delinquent license and late fees. As of today's date the license and late fees have not been paid. On December 7, 2009, the Department of Safety and Inspections seceived a notice from your insurance company that you cancelled your liquor liability insurance effective October 25, 2009. On December 10, 2009, a letter was hand-deGvered to you, advising you that no alcohol could be sold at your establishment until current liquor liability insurance was received. As of today's date, you have not submitted a current certificate of liquor liability insurance. On December 15, 2009, you were sent a letter from the Department of Safety and Inspections - Fire Inspectfion Division stating that your building was determined to be unoccupied and your Certificate of Occupancy had been revoked. Af&rmauve Action Equal Opportunity Employer The Lucky Foxx Baz & Gril] January 15, 2010 Page 2 At this time, you have two options on how to proceed: ��'���- L 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 requesfing a public hearing. We will need to receive your letter by Monday, January 25, 2010. The matter will then be scheduled before the City Council for a public hearing to determine whether to revoke your licenses. You will have an opportunity to appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine each other's wimesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, January 25, 2010, 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 are not contesting the revocation of your licenses. In that case, the matter will be placed on the Council's 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, ��� � ��� Virginia . Assistant City Attomey cc: Chrisrine Rozek, Deputy Director of DSI Betty Moran, Community Organizer, West Seventh/Fort Road Federation, 974 West Seventh Street St. Paul, MN 55102-3520 Affirmative Ac[ion Equal Opportunity Employer STATE OF MINNESOT ` � ss. COUNTY OF RAMSEY ) r� - a� �- Julie Kraus, being first duly sworn, deposes and says that on the � day of January, she served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true and coirect copy thereof in an envelope addressed as follows: Gloria Caselius The Lucky Foxx Bar & Grill 731 Randolph Avenue St. Paul, MN 55102 Betty Moran, Community Organizer West SeventhlFort Road Federation 974 West Seventh Street St. Paul, MN 55102-3520 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Juli aus Subscribed and sworn to before me this�ay of January, 2010 A�.� ��-�/! CA�t�� Notazy Public AFFIDAVIT OF 5F,.. VICE BY U.S. MAIL RITA M. 9083ARD fOURY PUBLIC • M MDESOTA lAY COMMISSION IXPIRESJAN.37, 201 0 DEPARTMENT OF SAFE17 AND INSPECTIONS F�e Inspection Divivon Bob Kessler, Direcmr �D �av �— �.'�Y Qr SE�INT PE�UL, 375 Jacksan Stree; Su�te 220 Te[ephone 651-266-8989 Christopher B. CoLeman, Mayor Saint P¢ul, Minnesota 55101-7806 Facsimde� 65/-266-8951 Web: www.smauLeov/ds� December 15. 2009 GKTC CORPORATION 731 RANDOLPH AVE ST PAUL MN 55102 RE: NOTICE OF CERTIFICATE OF OCCUPANCY REVOCATION UNOCCUPIED BUILDING RE: 731 RANDOLPH AVE Ref. # 16219 Deaz Property Representative: Your building was determined to be unoccupied on December 15, 2009. Since certificates are for the occupancy of buildings, it has become necessary to revoke the Certificate of Occupancy. THIS LETTER SERVES AS OFFICIAL NOTICE OF REVOCATION. Saint Paul I,egislative Code provides that no building shall be occupied without a Certificate of Occupancy. In order to re-occupy the building, the following deficiencies (if applicable) must be corrected and a complete Certificate of Occupancy inspection may be required. DEFICIENCY LIST 1. SPLC 40 .06 The certificate of occupancy is revoked and must be reinstated prior to occupancy. For an explanation or information on some of the violations contained in this report, please visit our web page at: http://www.ci.stpaul.mn.us/index.aspx?NID=211 You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse, 15 W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, email me at: pat.fish@ci.stpaul.mn.us or cal] me at 651-266-8942 between 730 - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Pat Fish An Equal Opportunity Employer /a-�-o �- Fire Inspector Ref. # 16219 STAMP - Activity Detail Page 1 of 2 /D'���. STAMP - Activity Detail New Search Helo using this report IS Helo 731 Randolph Ave - The Lucky Foxx Bar & Grill Click here to view all activity for this property Click here to access other applications using this address - GISmo, MapIT, and Ramsey County Info Run Date: OS/14/SO 09:54 AM Folder ID#: 09 068137 In Date: OS/08/09 Issued Date: Status: Revoked/Unoccupied Closed: Type: CO - Certificate of Occupancy - Assembly Reference#:16219 Description: 112823140174 Document: Revocation - Letter 6/8: - Generated: O1/07/2010 - Sent: O1/07/2010 Revocation - Letter 6/8: - Generated: 12/15/2009 - Sent: 12/15/2009 * Note: Clicking on above document links may not reflect the exact formatting of the original document. People: Owner: Edward A SnyderJLois G Snyder 779 Delaware Ave St Paul MN 55107-3548 RR Previous Stated Owner: Gktc Corporation 731 Randolph Ave St Paul MN 55102 651-2Z4-9730 Responsible Party: Edward A Snyder 779 Delaware Ave St Paul MN 55107-3548 Property: 731 RANDOLPH AVE - THE LUCKY FOXX BAR & GRILL, PIN: 112823140174 Info Value: Renewal Due Date: May 9, 2011 Is this a City Owned Buiiding?: No Business/Building Name: LUCKY FOXX Contact: GLORIA CASELIUS 612-859-7517 Commercial Square Feet: ll75 Total Residential Units: 0 Number of Stories: 1 Number of Basement Levels: 0 Primary Occupancy Type Name: Bar / Restaurant > 50 Primary Occupancy Group: A-Z Assembly Occupancy Area: Restaurant Assembly Occupancy Type: Tables & Chairs Assembly Occupancy Load: 95 Keybox: No Fire Alarm System: No Emergency Generator: No http://sparacistpaul.mn.uslSTAMPProperty/ProjectViewer?folderRSN=1736611 &txtCall... 1/14/2010 STAMP - Activiry Detail /�'�Da- Fire Pump: No Fire Service Elevator: No Standpipe System (W/D): None Sprinkler System: None Non Wet Sprinkler System: No Smoke Control System: No Special 6ctinguishing System: No Kitchen Hood System: Yes 704 Placards: No Last Inspection Date: Jan 7, 2010 Fireworks Permit?: No Fee: CO Commercial Initial Fee: $156.00 Pre-Ins�ection Assigned To: Chapdelaine, Kevin Closed: 12/15/09 Result: 12/15/2009: Done C of O Inspectiqn Assigned To: Fish, Pat Closed: 12(15(04 Result: 12/15/2009: Revoked/Unoccupied Unoccupied Assigned To: Chapdelaine, Kevin Closed: O S/07/10 Result: 01/07/2010: Revoked/Unoccupied Next Schedule: 02/08/10 Page 2 of 2 http://spazaci.stpaul.mn.us/STAMPProperty/ProjectViewer?folderRSN=1736611 &txtCall... ll14/2010 � � 7 Q 1 O d � ID � 61 � m N W � � � O 0 w m rn O � O O N � � rn 0 0 n C N O � � � n n O c � W m d 7 n N N tG m m 0 0 n C M O � � -"� � p1 M t�9 � � � 0 w � � O � O ,0000000000000� N-+ O CT (T (T (T tT A N N N N N N N O O O� O O O O O O O O O O O O O N W(O � J`(\ (T tT CO t0 (O (O (D CO tO (D N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O � � � � � � � � � � � � � � � � � ( N O (�O (O N J N m � W O O rn � N m rn rn rn rn rn a� a � � A j � A d A A A A A�A A A(T A A A A W W W W W A W �I (O V V V (O CD O N O O O(P o Cn o O o cn W W(D O O A()i N O� (P V J OJ (O � /o��� � � � X � � � O O � � _ �"__ (�p O -1 � n n m n � O. � .Z7 � ( � c � n {� (D ----° O W W� N N N N N N N N N N N N N N� (J N J J v J `1 �1 Cll Llt Ut Ut CT (P (T W �� � O W J 61 � O� OJ O� N(O (O (D (O t0 (O CO A.(p t0 OJ A�l J A W W O(O (D (D CO (O (O CO N `G N � O V O J W� CD N CT W� 6) (T A W N A: ,� ; � N W N N � (D . � � N N N N N W O O� W� W W . � D � N Co W O O O N N � 3 o O O O O O O O O O o ' O O O O O O O O O O O � �:__ � _+ -. 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O m m� � tn Cn m m r»� [D . ,. � y � p ^ � � 0 0 0 o m m o o m � �li 0 0 ' O O O U� O �Q W: 0 0 � (p N > � „ ° D m c � m o ' C a� m a� � w � A_ m � n �+ w o � D: � a o o (n Z N � O` � � ( N N O' � � N N r� p � i �o O o D: n GEW z � m=c N ' �''� a a a a a a a �±(p tO �D �o to � (O [o ; � (T� 'p � 41 D' �' o N o o ti o�o' `mv C;D 0 0 0 0 0 0 0 � r'Q _ � �,� 0 0 0 0 0 0 0 `� � Z ��ai im� �: o c � c � � t�i ° N < < < < < < < Cn m N N N N N N � �^ " C y V N O O .� O N D 3 r m � n C N O 3 A � d 3 N m � Q � O m N � � O � � m � m W � co �.......... �. � '� � '� '� '� '� Z � { { { '� � '� '� i � Chapter 310. Uniform Licen� rocedures Page 1 of 3 /D-a�a- (m) Presumptrve penalties 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 Iiquor license § 409.26 shall apply where a specific violation is listed. In the case of an adverse action fiiled 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 outlined below due to multiple violations in one (1) appearance. AII 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 council may deviate therefrom in an individual case where the councif 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: Appearance Type of Violation 1st 2nd 3rd 4th (1) Violations of conditions $500.00 fine $1,000.00 $2,000.00 fine Revocation placed on the license fine and 10-day suspension (2) Vioiation of provisions of $500.00 fine $2,000.00 fine the legislative code relating $1,000.00 and 10-day Revocation to the licensed activity f � 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 DSI inspector or police (5) Commission of a crime other than a fe{ony on the $700.00 $1,500.00 5-day Revocation premises by a licensee or suspension employee (6) Commission of a felony on the premises by a $2,000.00 Revocation n/a n/a ficensee or empfoyee (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 331A $250.00 $500.00 day suspension (10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payable without hearing . httn�//lihran�l mnnirnAa O(�Ttldd ' I7IT1l�!``IiP1LI�I�I��1�I�IZ�Q��I�O7Yf1�Y+cCQ�III�G• �I'�II7I��I� Chapter 310. Uniform Licens rocedures Page 2 of 3 �D���a- 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 licensee has made before the Council. The above council hearing requireme�t 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 Iicensee 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 presumptive 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 first appearance before the city council, the councii 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 the 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 penalties 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 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 331 A. (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 w..�.in:t........i .............a,.,.,.,....inn��m,.,,v;,...✓innciiiiaivizinot:i:.,.—�innc. ii�i�n�n Chapter 310. Uniform Licens �ocedures Page 3 of 3 /D � aoa- 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 appearance, and the date of the violation first in time at any subsequent appearance. (5) Notwithstanding 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; GF. No. 07- 1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08) t.._.��,_'---._., __._�__'_ ___������r,--.'.--- �,,,,,�, �, �„ o,,,,,�,-°'°.--.,,,, ,,� ,,.,,.,,.,,.