10-301Council File # 10-301
Green Sheet #— ( ,
Piesented by
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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1 WHEREAS, adverse action was taken against the Mobile Food Cart license held by Paul Fransen
2 dJbla Frank Bank (License ID#20080003822) for the City of Saint Paul by Notice of Intent to Suspend
3 License dated February 12, 2010, alleging licensee failed to pay delinquent license and late fees of
4$325.00, arrange for a vehicle inspection and submit required information to maintain the license; and
5
6 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
7 delinquent license and late fees, arrange for a vehicle inspection and submit required information; and
8
9 WFIEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
10 delinquenY license and laCe fees, arrange for a vehicle inspection and submit required information by
I 1 February 22, 2010, that the matter would be placed on the consent agenda to impose the recommended
12 penalty; now, therefore, be it
13
14 RESQLVED, that the Mobile Food Cart license held by Paul Fransen d/6fa Frank Bank is hereby
15 suspended.
Bostrom
Cazter
Stark
Thune
Adopted by Council: Date
Adopfion Certified by Counc' ecretary
By: � �L
Approved�' ate �J Zffl /(�
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Requested by Departrnentof:
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B orm Approv by City �ttorn��
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Form Ap ro d Ma or for S ssion to Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef -3 �
� DepartmentlOffice/Gouncil: i DaM Initiated: I
�� S � _Dept.ofSafety&inspections � p4MAR2010 � Green Sheet NO: 3100996
', Corrtact Pe�son 8 Phone:
; Virqinia D. Palmer
266-8710
�, Must Be on Counci Agenda by (Dat I
'� 24-MAR-10 � �.� ���� i
�j Doc. Type: RESOLUTION ,
E-Document Required: Y
pocument Contact: �u(ie Kraus
ConYact Phone: 266-8776
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Ciip AII Locations for Signature)
Approval of the attached resdurion to take adverse action against the Mobile Food Cart license held by Paul Fransen d/b/a Frank
Bank (License ID#20080003822) for the Ciry of Saint Paul.
Recommendations: Approve (A) or Reject (R).
Planning Commission
CB Committee
CiVil SeNiCe Commission
Personal Service Contracts Must Answer the Following Questions:
'i. Has this personffirm ever worked under a contract for this depariment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Ezpfain ali yes answers on separate sheet and attach to green sheet.
�
i�itiating Problem, lssues, Oppodunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees of $325.00, arrange for a vehicle inspection and submit required documents to
main[ain the license. After nokficarion, licensee did not respond to the Notice of Intent to Suspend License.
Advantages If Approved:
License suspension.
Disadvantages If Approved:
OisadvanWges !f Not Approved:
Total Amount of
Transaction:
Funding Spurce:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
0 Dept.otSafetV&Inspections '
1 DeptofSafety&Inspections DepartmentDirector
2 'GtiHAttomey CihAriorney �
3 'Mavor's Office MaYOrlAssisfant '
4 �Conncil City Council
5 'GSryClerk �tyCierk
March 4, 2010 3:41 pM Page 1
10-301
SwtNT
PAUL
�
AAAI!
CITY OF SAINT PAUL
ChnstopherB. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
John J. Choq City Attamey
Telepnone: 657 266-8770
Facsimile: 657 298-5679
February 12, 2�1�
Civil Division
400 Cify Hall
15 West Kellogg B/vd.
Saint Paul, Mmnesota 55T02
NOTICE OF AVTENT TO SU5PEND LICENSE
Paul Fransen
Frank Bank
P. O. Box 281
Willemie, MN 55�90
RE: Mobile Food Cart license held by Paul Fransen d/b/a Frank Bank for the City of Saint Paul
License ID #2�080003822
Dear Mr. Fransen:
The DepaRment of Safety and Inspecfions (DSI) has recommended suspension of the Mobile Food Cart
license held by Paul Fransen d/b/a Frank Bank for the City of Saint Paul. The basis for the recommendation is as
follows:
On December 10, 2009, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSZ) stating that your Mobile Food Cart license
expired as of October 3, 2009. You now owe $325.00 in delinquent license and late fees.
'You were alsa asked to contact DSI for a vehicle inspections and submit the following
information at the time of inspection: 1) a current menu of all foods to be served from
the licensed vehicle; 2) letter of permission from the owner of your commissary allowing
you to use the facility and state the loca6on 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 cart storage with site plan, 6) a completed Certificate of
Comuliance Minnesota Workers' Comuensation Law form and 7) detailed cart
information (type, year, make and model).
You were given until December 31, 2009, to pay the license and late fees, call to arrange
for a vehicle inspection and submit the requested inForma6on. As of today's date, that
has not occurred.
In addition to the suspension of your Mobile Food Cart license, per Saint Paul Legislative Code §310.05 (m)
(2), the licensing office will also recommend a$500.00 matrix penalty for failure to catl and arrange for a vehicle
inspecrion and submit the required information in order to maintain your license.
10-301
Frank Bank
February 12, 201�
Page 2
At this ume, you have three options on how to proceed:
1. You can pay $325.00 in delinquent license and late fees, call to arrange for a vehicle inspection and submit
the requested information. If this is your choice, you shonld send the payment and information directly to
the Department of Safety and Inspecrions, at 375 Jackson Street, 5te. 220, St. Paul, Minnesota 55101-1806
no later than Monday, February 22, 2010. Information should be directed to the attenrion of Christine
Rozek A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and
]ate fees, submission of the requested informalion and a vehicle inspection will be considered to be a
waiver of the hearing to which you aze entitled, Please call the Deoarhnent of Safetv Inspections at
(6511266-9090 to arranQe 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
Pau1 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, February 22, 201Q.
The matter wlll then be scheduled before the City Council for a public hearing to determine whether
to suspend your license and impose the $500.00 mauix penalty. Xou will have an opportunity to
appeaz before the Council and make a statement on your own behalf.
3. If you no longer wish to do business 9n the City of Saint Paul, you will need to send a written statement to
that effect to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, February 22, 2010. Informauon 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 imposi&on of the $500.00 matrix penalty. In that case, the matter will be placed on the
City Counc5l Consent Agenda for approval of the recommended penatty.
If you have ques6ons about these options, please feel free to contact me at 266-8710.
Sincerely,
� � �'�'/9�R,6�`-,� ` �� � � ���`
Virgin� . Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
STATE OF MINNESOT'
� ss. AFFIDAVIT OF SE,.. TCE BY U.S. MAIL
COUNTY OF RAMSEY )
10-301
Julie Kraus, being first duly sworn, deposes and says that on the� '�^ lday of
February, she served the attached NOTICE OF INTENf TO SUSPEND LICENSE by placing
a true and conect copy thereof in an envelope addressed as follows:
Paul Fransen
Frank Bank
P. O. Box 281
Willernie, MN 55090
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
,�
3ulie aus
Subscribed and swom to before me
this �day of Februazy, 2010
!/� /Yf b
�No ry Public �
RRA M. BOSSARD
IpTARN PUBLJC • MINNESO?A
MYCOMMISSION
EXPIRES JAN. 31, 201 S
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10-301
Chapter 310. Uniform Licen� 'rocedures
10-301
^ Page 1 of 3
m) Presumptive 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 liquor license § 409.26 shall app{y where a specific violation is
listed. In the case of an adverse action filed for a violatian of chapter 331A, the licensee shall be
given a fine for each individual viofation of § 331A. The total fine amount for violations of § 331A
may exceed the maximum fine outl+ned below due to muitiple violations +n one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food penalty
guideline referred to in chapter 331A. These penafties are presumed to be appropriate for every
case; however the council may deviate therefrom in an i�dividual case where the council finds
and deterrnines 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 lNSET:
Appearance
Type of Violation 1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,D00.00 $2,000.00 fi�e Revocation
placed on the license fine and 10-day
suspension
(2) V+olation of provis+ons of $2,000.00 fine
the legislative code relating $500.00 fine $1,Q�0.00 and 10-day Revocation
to the licensed activity fine 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
enYrance or inspection by suspension suspension
DSI inspector or police suspension
(5) Commission of a crime
other than a feiony on the 5-day Revocation
premises by a ficensee or $�00.00 $1,500.00 suspension
empioyee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation nla 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 $1,0OO.OQ 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation
under331A $150.00 $250.00 $500.00 $1,000.00
(i) Fines payable without hearing .
Chapter 310. Uniform Licens 'rocedures
10-301
Page 2 of 3
A. Nolwithstanding 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 I�spections without a councl 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 entitfed, and wiii 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 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 will be considered to be a
waiver ofi the hearing to which the licensee is entitled, and will be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent viofations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penaities
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
outfined above.
(ii) Multiple violatrons. At a licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been afleged andlor
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 penaity for each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multiple vioVations shail be grounds for
departure from such penalties in the counci!'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, vio�ations occurring after the date of the formal �otice of
hearing shait be the subject of a separate proceeding and deaft with as a"2nd
Appearance" before the council. The same procedures shali app{y 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 counci! shal! 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 violatio�s of Chapter 331A shall not be counted as an
"appearance" before the Councii in relation to any vioiation other than another violation
of Chapter 331A.
(v) Compufation 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 ofi the same iicensee 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 councii on two (2) previous occasions
ia-soi
Chapter 310. Uniform Licenr 'rocedures Page 3 of 3
for violations listed in paragraph (m) or section 40926, 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 councii, 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 fisted 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)
catendar months of the vioiation 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 refated 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 firsi appearance if the first appearance was afso
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shail 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. 94-48, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-
94; G.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; GF. No. OS-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; GF. 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)