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
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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)