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10-300Council F�le # 10-300 Green Sheet #� � d � RESOLUTION 1 � F SAI,NT PAUL, MINNESOTA Presented by 1 WHEREAS, adverse action was taken against the Mobile Food Vehicle license held by Tina 2 Cunington d/b1a TLC Fiyah Grill, LLC (License ID#20080003487) for the City of Saint Paul by Notice of 3 Intent to Suspend License dated February 17, 2010, aileging licensee failed to pay delinquent license and 4 late fees of $364.00, call to azrange for a vehicle inspection and submit required information; and 5 6 WHEREAS, the licensee did not respond to the I3otice of Intent to Suspend License to pay the 7 delinquent license and late fees, call to arrange for a vehicle inspection and submit the requested 8 information; and 9 10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the 11 delinquent license and late fees, call to arrange for a vebicle inspacrion and submit the requestad 12 information by Mazch 1, 2010, that the matter would be placed on the consent agenda to impose the 13 recommended penalty; now, therefore, be it 14 15 RESOLVED, that the Mobile Food Vehicle license held by Tina Currington dlbla TLC Fiyah Grill, 16 LLC is hereby suspended for failure to pay delinquent license and late fees of $364.00, and be it 17 18 FLJRTHER RESOLVED, the licensee is also ordered to pay a matrix penalty of $500.00 far failure 19 to ca11 to arrange for a vehiale inspection and submit required information to maintain the license. 20 Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. � Requ sted by Depaztment of: �+'�� e�rlivL!�.t.m S B �- Form By: Form By: Adoption Certified by Counci ecretazy BY� / / /lJ�/�iC Ol>'L/CSl��7 Approv d a r: ate � Zp By: 10-3 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �epartmenvOfticelcouncil: I Date initiated: i (�^\ $� _Dept.ofSafety8lnspections ( �OMAR2010 i Green Sheet NO: 31Q1916 w Contzct PerSOn 8 Phone: Virqinia D. Palmer 266-8710 Must Be on Council qqenda by (D� 24-MAR-10 �C��� �. Doc. Type: RESOLUTION E•Document Required: Y DocumentConWct; JulieKraus Contact Phone: 266-8776 .,� ; � i Assign � Z Number � For ' 3 Routing j 4 Order i 5 Totai # of Signature Pages _(Clip All Locations for Sig�rature) Approval of the attached resolution to take adverse action against the Mobile Food Vehicle license held by Tina G7�n�ington d/b/a TLC Fiyah, LLC (License ID#20080003487) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission q6 Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a wntract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a sldll not nortnally possessed by any cument 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): Licensee failed to pay delinquent license and late fees of $364.00, cali to arrange for a vehicle inspection and submit required information to maintain license. After notificarion, licensee did not respond to the Notice of Intent to Suspend License. AdvanWgeslfApproved: License suspension and imposition of $500.00 matdx penalty. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Expiain) CostlRevenue Budgeted: Activity Number: March 10, 2010 10:58 AM Page 1 10-300 SAIHf P^°� CITY OF SAINT PAUL � ChnstopherB Coleman, Mayo� AAAA February 17, 2010 OFFICE OF THE CITY ATTORNEY John J. Choi, City Aftomey Civil Divisian 40o City Nall 75 West Kellogg B(vd. Saint Paul, Minnesota 55102 Tefephone: 651266-87i 0 Facsimile: 657 298-5619 NOTICE OF INTENT TO SUSPEND LICENSE Tina C�rrington TLC Fiyat� Grill, LLC 8817 Ridge Ponds Drive Victoria, MN 55386 RE: Mobile Food Vehicle license held by Tina Currington d/b/a TLC Fiyah Grill, LLC for the City of Saint Paul License ID #20080003487 Deaz Ms. Currington: The Department of Safety and Inspections (DSI) has recommended suspension of the Mobile Food Vehicle license held by Tina Currington d/b/a TLC Fiyah Grill, LLC for the City of Saint Paul. The basis for ihe recommendation is as follows: On December 18, 2009, you were sent a letter and RENEWAL INVOiCE from the Department of Safety and Inspections (DSI) stating that your Mobile Food Vehicle `license expired as of September 12, 2009. You now owe $364.00 in delinquent license and late fees. You were aiso asked to contact DSI for a vehicle inspection and submit the following information at the time of the vehicle inspection: 1) a current menu of all foods to be served from the licensed vehicle; 2) a current letter of permission from the owner of �our commissary allowing you to use the facility and state the location of the commissary; 3) the renewal invoice with full payment by check or money order; 4) state location of food sales with site plan; 5) state location of vehicle storage with site plan and 6) detailed vehicle information (VIN number, license plate number, year, make and model). You were given until January 8, 2010, to pay the license and late fees and submit the requested information. As of today's date neither has been received. In addition to the suspension of your Mobile Food Vehicle license, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit required information in order to maintain your license. 10-300 TLC Fiyah Grill, LLC February 17, 2010 Page 2 At this time, you have three oprions on how to proceed: You can pay $364.00 in delinquent license and late fees, arrange for a vehicle inspecrion and submit the requested information. ff this is your choice, you should send the payment and informafion directly to the DepaRment of Safery and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March 1, 2010. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and late fees and submission of the requested information will be considered to be a waiver of the hearing to which you aze entitled. You will also need to call the Denartment of Safetv Insnections at (651) 266-9090 to arranee for a vehicle insnection. 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 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 suspend your license and impose the $500.00 matrix penalty. You will 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 wiIl need to send a written statement to that effect to the Department of Safety and Inspections, at 375 Jackson SVeet, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March 1, 2010. 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 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have quesdons about these opuons, please feel free to contact me at 266-8710. Sincerely, �s��-� � � . Pc���, ( ��1 V irgi ' a D. Palmer Assistant City Attorney cc: Chrisdne Rozek, Deputy Director of DSI STATE OF MINNESOT "' , ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SE_ ; ICE BY U.S. MAIL 10-300 Julie Kraus, being first duly swom, deposes and says that on the � day of Februazy, she served the attached NOTICE OF INT'ENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Tina Currington TLC Fiyah Grili, LLC 8817 Ridge Ponds Drive Victoria, MN 55386 (which is the last known address of said person) deposlting the same, with postage prepaid, in the United States maii at St. Paul, Minnesota. , �1�� Julie aus Subscribed and sworn to before me this 17�- day of February, 2010 �� .�p�( -, .v ��l' s��l� � N ary Public R17A M. BOSSARD �MY COAANIt^aS10 EXPIRES JAN. 31, 2015 � � � a � p• Q Q y N d c � y R � a m O a d �. R Q1 0 C O U R W C i F d O N � V a W J � � � 0 '- N � >� r r r r> r> r m � � � �� 3 z cn , � � � jo 0 a —� p �=i� � � -_=E rn m LL ] � m � N N � �jf O � N N � �m m � -- i Q i z ! �a ! � o � Q � U � � � N � m Z m � d d -. (J U '� '� o � L L o O O� o m N � � ... O D > �. � m ... 0 o m � � !� d lL LL � R � N � � T R R � �` 0 o a ° ° � o a � � o w m � + m � ' N � � � m �o rn � � v � v m m m d d O E p ll IL IL LL IL O T O d m �«� O a O J J J J J X Q � N « .-�'. � � .�'. 1— �• t����6 RS i6 m N ~ �<n a in a a a a a -p O O O O O O O O o O o O o 0 0 0 J � U O o d' V' 7 7 a 7 _J Q� jj N N N N N N J G � I � �m � � O ( 0 ? Q � I �D m N v a J F ��( � j O O o 0 0 o O ��� N N N N N N N �O� � [ �. _ E� <O O(� I� N N� £ <O <O N M c0 N(O N � N c� ( � O W 7� n z aY�� � � M r � � � 0 � O � U �- � Z > m c c � (n Y � � 2 _^ V m � � ti in m co a r U �� N t�fJ � O N�� � C Y � c C�D (�D ( N (�O ( � o 0 0 0 0 0 0 0 � m x.�.. N N N N N N N N � W ~ � O O� N N•-- N N �� m h W O �(�V � d � O O O O � O O O � co N O 0 O O � N Y 0 F N O N 3 U O O � � t ) CJ N U c R � m C 7 O U Q d � O N 7 U O O N M N O O O O � N d � R a lQ L w i4 t�- a c m � 10-300 10-300 DEPARTMENT OFSAFEtY AND WSPEC7'IONS Bob Kessler. Drrector CITY OF SAINT PAUL Christopher B. Coleman, Mayar December 18, 2009 Tina Currington TLC FIYAH Grill LLC 8817 Ridge Ponds Drive Victoria, MN 55386 COMMERCEBUILD/NG Telephone 65/-166-8989 3T Jackson Street, Surte 120 Facsmrle 651-266-9124 StPaul,Mmnesot¢55101-I806 Web wwwstpau[zov/dtr RE: Delinquent Mobile Food Vehicle License Dear Tina Currington: Our records indicate that your Mobile Food Vehicle License was due on September 12, 2009. Please note that vour total bill is now $340.00 including late fees. This payment must be received in this office by January 8, 2010 or we will submit your unpaid account to the City Attorney's office for adverse action against your license. You niust complete all requirements at the bottom ofthe invoice and submit all requested ir�(ornaatio�i with vour pavmenL Please read the bottom of the i�zvoice carefullv For your convenience, a copy of the invoice and a return envelope is enciosed. If you are no longer working within the City of Saint Paul please advise our office of that information in writing. If you have questions regazding this notice, please contact our office between the hours of 8:00 a,m. to 430 p.m. at 651-266-8989. Sincerely, Patricia McGinn Office Manager AA-ADA-EEO Employer 10-300 20080003487 Renewal Invoice ❑ Check this box if making any name, ma+ling address or phone i# corrections. Please write the changes on this tosm. If your business license address is cha�ging, piease request a new business license application December 14, 2009 TINA CURRINGTON TLC PIYAH GRILL LLC 8817 RIDGE PONDS DRIVE VICTORIA MN 55386 CITY OF SAINT F'AUL ; Department of Safety and fnspections ! 375 Jackson Street, Suite 220 i Saint Paul, MN 55101-1806 � PHONE (651) 266-8999 ; FAX (651)266-9?24 � An Eqnal Opportm�ity Employer � Invoice # s�asa2 j Invoice Due Date . Upon Receipt Acwunt Balance: S340 00 Pay this Amount: 534o.00 ; HOME PHONE: 952-486-3229 7ransaction Description Inv: 655917 OS0003487 Mobiie Food Vehic @ 8817 RIDGE PONDS DRIVE Inv 661995 Late Fee 7-30 days late (10%) Inv: 570393 Late Fee 31-80 days late (10%) Inv. 672906 late Fee 61-90 days late (10°!0) Late Fee 91-120 davs late (10%1 Requirements 09/12/2009 Transaction Totai ?44 OG 2a 00 24 00 24 0� 24 00 Invoice Amount Due: $3d0.00 � Your account is overdue. Please mail payment today�! To atrznge zn appomtm=nt for your Mobile Fcod Vehicle inspection, pl=_a=_e cent?ct ihe Department of Safety and Inspechons ra� 651-266-9C90 Please bnng the following, along with your vehicle, to your inspeGion: 7) current menu of ALL food items to be served from the iicensed vehicle; 2) current letter of permission signed by the owner of your commissary aliowing use of the facility as a commissary (if applicable), also state the locafion of your commissary 3) this imoice; 4) full fees- check or money order onty please 5) State the location of tood saies (w/site pian) 6) State the location of vehicie storaqe (w/srte p�an) 7) List detailed vehicle (VIN, plate #, yr, make, model) information It your vehicle passes inspection, your papenvork and fees vadl be collected and a sticker wil! 6e placed on your vehicle Please Give Us Your Email Address: Piease Refum this invoice with your payment! Chapter 310. Uniform Licen "rocedures 10-300 Page 1 of 3 m) Presumptive penaltres 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 propriery of revocations, and shalf apply to all license types, excepi that in the case of a violation invoiving a liquor license § 409.26 shall appfy where a specific vioiation 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 outlined below due to multiple violations in one (1) appearance. All penalty recommendations for chapter 331A violations shall be based on the food penafty guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an ind'+vidual case where the counci{ finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the councii shail provide written reasons that specify why the penalty selected was more appropriate. TABLE INSET: Appearance Type of Violation 1st 2nd 3rd Ath (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) Violation of provisions of $500.00 fine $1,000.00 $2,000.00 fine Revocation the fegisfative code relating fine and 10-day to the licensed activity 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 vioiations of the fine suspension food code (4) Failure to permit 5-day 10-day �5-day Revocation entrance or inspection by suspension suspension suspension DSI inspector or police (5) Commission of a crime other 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 estabiishment 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-criticaf violation $150.00 $250.00 $500.00 $1,OOQ.O� under 331A (i) Fines payab�e without hearing . Chapter 310. Uniform Licen °rocedwes 10-300 Page 2 of 3 A. Notwithstand+ng fhe provisions of sect+on 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 fnspections 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 a6ove 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 wili be considered to be a waiver of ihe 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 presumptive penalties for non-331A violations. A council hearing is required if the Department of Safety and lnspections recommends a fine that is an upward departure for the amount outlined above. (ii) Muftip/e 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 andlor incorporated in the notices sent to the ficensee under the administrative procedures act up to and including the formai notice of hearing. The councii 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 occur�ing aRer 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 deait with as a"2nd Appearance" befiore the councif. The same procedures shall apply to a second, third or fourth appearance before the council. (iv) Subsequent appearances. UF council by a particular licensee, the violation or violations giving rise t< particular violation or violations th� However, non-critical violations "appearaRCe" before the Gouncil in of Chapter 331A. �n a second, third or fourth appearance before the council shall impose the presumptive penalty for the the subsequent appearance without regard to the t were the subject of the first or prior appearance. �f Chapter 331A shall not be counted as an relation to any violation other than another violation (v) Computatron 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 Licen 'rocedures 10-300 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 Iisted 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 penaity. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations listed in paragraph (m) or section 4�9.26, and if said licensee again appears before the counc+l for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) calendar months of the viofation 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 vio�ation 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 shafi 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 shafl 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. 94-89$, §§ 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)