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10-298Council File # 10-298 Green Sheet #�, �� Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA /� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WAEREAS, adverse action was taken against alllicenses held by Thomas Store, Inc. d/b!a Thomas Convenient Store (License ID#20080003644) for the premises located at 922 Thomas Avenue in Saint Pau1 by Notice of Intent to Revoke Licenses dated Februazy 19, 201Q alleging that on December 18, 2009, the building was designated condemned by the Department of Safety and Inspections; and WHEREAS, on December 22, 2009, the licensee was sent a letter from DSI stating that the building had been inspected on December 18, 2009, and found to meet the legal definition of a Vacant Building; and WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to request a public or administrative hearing; and WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to request a public or administrative hearing by Much 1, 2010, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that all licenses held by Thomas Store, Inc. d/b/a Thomas Convenient Store are hereby revoked. Bostrom Hatris Adopted by Council: Date ✓ � Yeas 1 Absent Requested by Depaztment of: ✓ . �_v�s,5,�_. Gt,�r.�'�'.t�� ✓ � �- - BY- ¢i �' F•B').2.L-� � Form Approved�by City � �l Adoption Certified by Counci ecretary Form Ap� a or for S bmi ion to C By: ____�:'1-11 - i � � � By: �" �\ Approved a r: Date ��j h � By: 10-298 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � -�- -..._..__..._v__...._... i .,a.�.,,,,,a.a,.. S � _ Dept. of Safety & Inspections ; Sp MAR 2010 ! Contact Person & Phone: I ; ' Virpinia D. Palmer � y I 266-8710 �, Assig� I Must Be on Councll Agenda by (Date �' Number ' 24-MAR-10 � �M�—� � For I - �' Routing i � Doc, Type: RESOLUTION I Order � E-Document Required: Y Document Contact: �ulie Kraus Contad Phone: 2668776 Total # of Signature Pages _(Clip All Locffiions for SignaNre) Green Sheet NO: 3101936 0 1 2 3 4 5 Approval of the attached resolution to take adverse action against all licenses held by Thomas Store, Inc, d/b/a Thomas Convenient Store (License ID#20080003644) for the premises located at 922 Thomas Avenue in Saint Paul. Recommendaiions: 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 contract for this department? Yes No 2. Has Nis personlfirm ever been a city employee? Yes No 3. Dces this personlfirm possess a skill not normally possessed by any current city employee? Yes No E�cplain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportonity (Who, What, Wheq Where, Why): On December 18, 2009, the building was designated condemned by the Department of Safety and Inspections. On December 22, 2009, licensee was sent a letter from DSI stating the building had been inspected and found to meet the legal definirion of a Vacant Building. After notification, the licensee did not respond to [he Notice of Intent to Revoke Licenses. AdvanWges If Approved: License revocarion. Disadvantages If Approved: Disadvantages H Not Approved: Total Amounf of Transaction: Funtling Source: Financial Information: (EZplai�) Cost/Revenue Budgeted: Activity Number: � March 10, 2010 11:03 AM Page 1 10-298 Sw[Ni PAUL � AAAII CITY OF SAINT PAUL ChnsiopherB. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey Telephone: 657 2668770 Facsimile: 65f 298-5619 February 19, 2070 Civil Division 400 City Hall 15 West Keflogg Blvd. Sa�nYPaui, Minnesota 55102 NOTICE OF INTENT TO REVOKE LICENSES Adam Tel Thomas Convenient Store 922 Thomas Avenue St. Paul, MN 55104 RE: All licenses held by Thomas Store, Inc., dfbla Thomas Convenient Store for the premises located at 922 Thomas Avenue in Saint Paul LicenseJD #:20080003644 Dear Mr. Tel: The Department of Safety and Inspections (DSI) will recommend revocation of all licenses held by Thomas Store, Inc., d/b/a Thomas Convenient Store for the premises located at 922 Thomas Avenue in Saint Paul. The basis for the recommendation is as follows: On December 18, 2009, according to Department of Safety and Inspecfions (DSI), there was a fire in your building that may have been started by the boiler. An inspector came outto the property and discovered the building was boarded up and secured. The inspector placed vacant placards on the front and rear of the building and took pictures of the exterior. The building was then designated condemned in the Certi�cate of Occupancy folder in ASI. On December 22, 2U09, you were sent a letter from Deparhnent of Safety and Insgections stating that the building located at 922 Thomas Avenue had been inspected and found to meet the legal de�nition of a Vacant Buitding. At this time, you have two op[ions on how to proceed: If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Pau] City Council, you wi11 need to send me a leYter with a statement admitring the facts aud requesting a public hearing. We will need to receive your letter by Monday, March 1, 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 opportuniry to appear before the Council and make a statement on your own behalf. 10-298 Thomas Convenient Store Fe6ruary 14, 2010 Page 2 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the Ciry will be able to appeaz and present wimesses, 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, March 1, 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 ques6ons about these options, please feel free to contact me at 2b6-8710. Sincerely, � � �, � � YGC'C-� ) ��u. Prw� Virgit�a D. Palmer Assistant Ciry Attorney ca Chriscine Rozek, Deputy Director of DST Adam Tel, 4456 Van Buren Street, Columbia Heights, MN 55421 Tait Danielson Castillo, Exec. Director, Thomas-DaleJDistrict 7 Planning Council 533 North Dale Street, St. Paul, MN 55103 STATE OF MINNESOT� ` , ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SE_ �ICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the � day of February, she served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true and conect copy thereof in an envelope addressed as follows: Adam Tel Thomas Convenient Store 922 Thomas Avenue St. Paul, MN 55104 Adam Tel 4456 Van Buren Street Columbia Heights, MN 55421 Tait Danielson Castillo, Exec. Director Thomas-DalelDistrict 7 Planning Council 533 North Da1e Street St. Paul, MN 55103 10-298 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � r � i Jul e�raus Subscribed and sworn to before me this �day of February, 2010 No ary Public RRA M. BOSSARO MOTARY PI�11C • 1�NNESOTA MY CpMMISSION EXPIRES JAN. 31. 2013 STAMP - Activity Detail STAMP - Activity Detait 1Q-298 page 1 of 1 New Search Helo usino this report IS Helo 922 Thomas Ave - Super Convenient Store Click herg to view all activity for this property Click here to access other applications using this address - GISmo, MapIT, and Ramsey County Info Run Date: 02/18/10 10:31 AM Polder ID#: 09 515073 Status: Closed In Date: 12/18/09 Issued Date: Closed: 12/SSj09 Type: RF - Referral - Form 4 Reference#:14559 Description: Fire in the building may have started by the boiler. People: Owner: Thomas Convenience Store Abdul Tel/Naifha Wreidat 922 Thomas Ave St Paul MN 55104-2634 651-645-8538 Stated Owner: Joe Tetl Thomas Convenience Store 922 Thomas Ave St PaUI MN 55104 651-645-8538 Responsible Party: Joe Tell Thomas Convenience Store 922 Thomas Ave St Paul MN 55104 651-645-8538 Property: 922 THOMAS AVE - SUPER CONVENIENT STORE, PIN: 352923240108 Info Value: Possible Student Housing?: No C of O Renewal Due Date: Oct 24, 2011 C of O Status: Pending Primary Occupanty Group: M Business/BUilding Name: SUPER CONVENIENT STORE Primary Occupancy Type Name: Mercantile Sales ContacY: KEVIN YANG J CHUE YANG (651) 645 - 8538 Referrai Response Assigned To: Skow-Fiske, Kris Comment: Went out to property, building is borded up and secured. Placed placards on front and rear o4 building took pictures of exterior. 12J18/09 KSF Condemned in CO folder. Closed: 12J18J09 R su : 12/18/2009: Closed with Comments http://sparc.ci.stpaul.mn.us/STAMPProperty/ProjectViewer?folderRSN=2128649&txtCall... 2/18/2010 10-298 DEPARTMENT OF SAFETY AND INSPECTIONS DukL+pper{ DepuryD+rector (, QF S PAU�. Nutsance Buildrng Code 6njorcemerzr Chnstopher B Coleman, Mayor 375 Jackson Sn'eeb Suate 220 651-266-8989 SaintP�u7,MNS5101-1806 651-266-1919 www sroaul eovidsi December 22, 2009 Thomas Convenience Store Abdul Tel 422 Thomas Ave St Paul MN 55104-2634 VACANT BUILDING REGISTRATION NOTICE The premises at 922 TAOMAS AVE has been inspected and found to meet the legal definition of a Vacant $uilding as described in Saint Paul Legislative Code, Cbapter 43. You are required to register this building with the Department of Safety and Inspections, Vacant Buildings Division, by filling out and returning the registration form provided with this letter. You are also required to pay the annual Vacant Building Registration Fee of _$1,100.00. The fee is due upon receipt of this letter and must be paid no later than thirry (30) days from the date of this letter, as required in Salnt Paul Legislative Code Chapter 43. If this building is vacanf due to a fire, complete the enclosed registsation form and return it to this of6ce within 30 days. Please return the enclosed registration form along with your payment by January 22, 2010. Do not mail cash. If you wish to pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday through Friday at: DEPARTMENT O� SAFETY AND INSPECTIONS 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 Xou may file an appeal to this fee or registration requirements by contacting the Office of the City Clerk at (651) 266-8688. Any appeal of this fee must be made within ten (10) days of the date ofthis notice. If the registration fee is not received in this ofFice within 45 days of the due date the full amount owed will be assessed to, and collected with, the taxes for this property as permitted by Saint Paul Legislative Code Chapter 43. The Code Enforcement Officer has notified the Building Tnspection And Design Section that this property meets the legal definition of a registered vacant building and in accordance with Legislative Code Chapter 33, no permits (except demolition, wrecking and removal permits) will be issued until the requirements of all applicable ordinances are fulfilled. An Affirmative Action Equal Opportunity Employer 10-248 December 22, 2009 922 THOMAS AVE Page 2 WRITTEN PERMISSION FROM THE CITY OF SAINT PAUL IS REQUIRED BEFORE A CATEGORY 2 OR CATEGORY 3 VACANT BUILDING CAN BE SOLD. Category 2: Requirements include: 1. register/re-register the building, 2. pay outstanding fee(s), 3. obtain a code compliance report, 4. submit for approval a rehab cost estimate from a licensed contractor and a schedule for completion of all code compliance work, and 5. submit proof financia] responsibiliry acceptable to the City, and 6. obtain Zoning approval of the proposed use. Category 3: A]] requirements listed for Category 2 vacant buildings, AND obtain a Certificate of Occupancy OR Certificate of Code Compliance priar to the sale of the building. If the use of this building meets the definition of a nonconforming use by the Zoning Code then the use will lose its nonconforming status 365 days from the date the building was declared vacant. You must contact the Enforcement officer, Matt Dornfeld, at 651-266-1902 to find out what must be done before this building can be legaliy reoccupied. The Bnforcement Officer may declare this building(s) to constitute a Nuisarace Building subject to demolition and issue an Order to Abate under authority of Legislative Code Cbapter 4S. In the event this building is declazed a i3uisance Building subject to demolition, the Enforcement Officer will notify all owners and interested parties of the Order to Abate, as provided in the Legislative Code Chapter 45. If you have questions about this annual registration fee or other vacant building requirements, please contact the Enforcement Officer, Matt Dornfeld, at 651-266-1902. This registration form and fee is required by law. Your prompt attention to this matter is appreciated. Thank You, Steve Magner Vacant Buildings Program Manager Department of Safety and Inspections Enclosures: Regulations Requirements Information Vacant Building Registration Form SM: dj vb_registration_notioe_i�div�daa110/09 Copies of this letter have been sent to: Abdul Tel Naifha Wraidat 922 Thomas Ave St Paul MN 55104-2634 STAMP - Activity Detail Run Date: Folder ID#: Status: New Search 10-298 page 1 of 1 STAMP - Activity Detail Helo using this report IS Hei� 922 Thomas Ave - Super Convenient Store Click here to access other appticatios+s using this address - GISmo, MapIT, and Ramsey County Info 02/11{10 12:13 PM 09 517205 Zn Date: 12/22/09 Active/ISSUed VB - Vacant Building - Category 1- Commercial Issued 12/22/09 Date: Closed: Description: Vacant Building Associated Folders: 09-Sll206 VF - Vacant Building fee - Category 1- Commercial 09=517198 CS - CSO Complaint - Vacant Building Monitoring - Complaint CondiYion: From CS Complaint Row ID 2130014 Comment: 12/ZZI2009 Debra Jackson: VB Event Log: 12I2z/2009: New Category 1(Fire) - Commercial 12J22J2009: $i1D0 registration fee due on 12/22/2009 02J02/2010: VB FEE TEMPORARILY WAIVED THRU OS/03/2010 02/11/2010: Fee assessed 02/Si/2010 and pending for 30 days, until 03/13/2010 People: owner: Thomas Convenience Store Abdul TellNaifha Wraidat 922 Thomas Ave St Paul MN 55104-2634 651-645-8538 Property: 922 THOMAS AVE - SUPER CONVENIENT STORE, PIN: 352923240108 Ai(_Necessary_DSI Permits_Phase Assigned To: Seeger, )im Next Schedule: 12/22/09 http:Jlsparaci.stpaui.mn,us/STAMPPropertyJProiectViewer?devDatabase=n&folderRSN=... 2/l U2030 Chapter 310. Uniform License Procedures 10-298 page 1 of 3 Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions. (a) Council may take adverse action. The council is authorized to take adverse action, as defined in section 3i�.�1 above, against any or a!I licenses or permits, licensee or appiicant for a license, as provided in and by these chapters. Adverse actions against entertainment licenses issued under chapter 411 of the Legislative Code may be initiated for the reasons set forth in subsection (b) below, or upon any lawful grounds which are communicated to the license hofder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 310.05; provided, however, that the formal notice of hearing shali be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following reasons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by misrepresentation of materiaf facts, fraud, deceit or bad faith. (2) The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3 The license was issued in violation of any of the provisions of the zoning code, or e premises which are licensed or which are to be licensed do not compiy with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in violation of law, without authority, or under a material mistake ot fact. (5) The licensee or applicant has failed to compiy with any condition set forth in the license, or set forth in the resolution granting or renewing the license. (6) a. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisians of these chapters or of any statute, ordinance or regulation reasonabfy related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; b. The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes chapter 364; or c. 7he licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with Iaws reasonably related to the licensed activity or from which an inference of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or welfare, or the licensee pertorms or has pertormed his or her work or activity in an unsate manner. (8) The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any consideraale number of inembers of the public. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under chapter i 14 of the Saint Paul Legislative Code. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: http:!/iibraryl.municode.com/4472/DocViewl10061l1 /3 1 813 1 9?hilite=31005; 2/18/2010 Chapter 310. Uniform License Procedures 10-298 page 2 of 3 physical abuse, assauits or violent actions done to others, including, but not limited to, actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreatment of a chiid as defined in Minnesota Statutes section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation of Minnesota Statutes sections 609.02, subdivision 10; 609.321 through 609.3451; or 617246; neglect or endangerment of a child as defined in Minnesota Statutes section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or barter of a controlled substance as defined in Minnesota Statutes chapter 152; the possession of a controlfed substance as defined in Minnesota Statutes chapter �52 in such quantities or under circumstances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior approval of the city council in the case of Class N licenses, the director in the case of Class T Iicenses, and the inspector in the case of Class R licenses, or without first having obtained the proper building permits from the city. (12) The licensee or applicant has violated section 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as provided in section 31�.05(c-2) of the Legislative Code. (i3) The licensee violated the law or any license condition and that violation is related to a death or great bodily harm, as defined in Minnesota Statute section 609.02, subd. 8, in or near the establishment. (14) The ficensee has failed to pay license fees within sixty (60) days of the date the fees are due. Licensee must pay any outstanding fees and delinquent fees in total. Failure to do so within sixty (60) days of the due date may result in revocation of the license. A revocation for this reason, however, is not considered a revocation resulting from misconduct or unfitness of the licensee, evidence of violations of law involving licensed premises, evidence that the appiicant had been involved in the operation of a nuisance, or fraud or deception in the license appfication. Therefore, the requiremenl of § 310.02(d) prohibiting re-application within one year of revocation shall not apply to revocations under this paragraph. The terms "licensee" or "appiicanY' for the purpose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a corporation, as a partner, or otherwise, in the premises or in the business or activity which are licensed or proposed to be licensed. With respect to any license for activities entitled to the protection of the First Amendment, notwithstanding the foregoing provisions, neither the lack of good moral character or fitness of the licensee or applicant nor the content of the protected speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of reasonable conditions and/or restrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or heid under these chapters, any one (1) or more such reasonabfe conditions andJor restrictions may be imposed upon such license for the purpose of promot+ng public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peaceful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or http://libraryl.municode.com/4472/DocView/1 006 1/1/3 1 8/3 1 9?hilite=31005; 2/18/2010 Chapter 310. Uniform License Procedures 10-298 page 3 of 3 on particular types of activities conducted in or on said business or establishment; (2) A limitation or resfriction as to the location within the licensed business or establishment where particular type of activities may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; (5) A Iimitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restriction fimiting the operation of the licensed business or establishment to ensure that the business or establishment will harmonize with the character of the area in which it is focated, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class R iicenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licenses; the inspector has the same power with respect to Class T licenses. The council may impose such conditions on Class N licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or iicenses following notice and hearing as may be required. Such conditions may be imposed on a license or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, inciuding suspension. Conditions imposed on a license or licenses shall remain on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class N licenses or conditions imposed by adverse action, and by the inspector in the case of Class R and T licenses. (d) Standards for multiple license determination. In any case in which the council is authorized to take adverse action against less than a!1 of the licenses hefd by a licensee, or applied for by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the councii to exist upon which the adverse action would be based; (2) The policy and/or regulatory goafs for the particular iicenses involved, either as embodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their relative importance to the overall business enterprise of the licensee or applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; (5) The extent to which adverse action against less than all of the licenses or applications would result in difficulty in enforcing and monitoring the adverse action taken; (6) The hardship to the licensee or applicant that would be caused by applying adverse action to aif licenses or applications; and (7) The hardship and/or danger to the public, or to the public health and welfare, that would result from adverse action against less than ail of the licenses or applications. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 1790i, §§ 2, 3, i-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4- 28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; G.F. No. 95-473, § 5, 5-31-95; C.F. No. 99-500, § 3, 7-7-99; C.F. No. 06-954, § 2, 11-8-06; C.F. No. 06-1072, § 2, 12-27-06) http://libraryl.municode.com/4472/DocView/1 006 1/1/3 1 8/3 1 9?hilite=31005; 2(18/2010