10-333Council File # f�
Green Sheet #
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WHEREAS, adverse action was taken against all licenses held by V& HM Plus, LLC d/b/a El
Pantano Plus (License ID#20080002369) for the premises located at 586 Rice Street in Saint Paul by
Notice of Violation and Notice of Intent to Suspend Licenses dated February 25, 2010, alleging on/
February 5, 2010, the licensee allowed patrons under the age of twenty-one (21) to enter the establishmenf
without the required permit in violation of license condition #ll and failed to submit proof of required
Workers' Compensation insurance; and
WHEREAS, per 5aint Paul I,egislative Code §310.05 (m) (1), the licensing office recommended a
$1,000.00 matrix penalty for the license condition violation and license suspension for failure to provide
proof of required Workers' Compensation insurance; and
WHEREAS, the licensee did respond to the Notice of Violation and Notice of Intent to Suspend
Licenses to pay the $1,000.00 matrix penalty, but failed to submit proof of required Workers'
Compensation insurance; and
WHEREAS, the Notice of Violation and Notice of Intent to Suspend License stated that if the
licensee failed to submit proof of Wozkers' Compensation insurance March 8, 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 V& HM Plus, LLC d/b/a El Pantano Plus aze hereby
suspended for failure to submit proof of required Workers' Compensation insurance in order to maintain
their license.
Yeas
✓
✓
Adopted by Council: Date
Absent Requested by Department of:
�� ��v�oPe,c.�
r
Adoption Certified by Counc�l Secretary
BY' � ��1�2.—
Appro e y a Date � L� � l�
BY� .�.f L
BY � T1 `ZL.��
Form Approve¢'by City AttQrney �
BY� `���,1h�v-�� � L � -Y ".` 2
�
Form A p v d by May for St i�ssion f ouncil
By:
RESOLUTION
CITY OF SAINT PAUL. MIIVNESOTA -3�
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
� DepartrnentJOffice/Council: ' Date Initiated:
� S� _ Dept. of Safety & InspecUons � 18 MAR 2010 �
l0-���
Green Sheet NO: 3103116
�
�
� Contact Person & Phone ' , Department Sent To Person InitiaVDate
, VirpiniaD.Palmer y �� o DencotSafetr&insoections �
' 266-8 1 pent of SafeN & Insaections Aeoar�en[ Director �
Assign '
2 Gtih AttomeV City Attornev
� Must Be on Council Agenda by (D e): Number ', ,
07-APR-10 r ' For 3 �Mayor•s Office Mavor/ASSistant
r
, � " Routing ' 4 Council �tyCounc� i
I
�, Doc. Type: RESOLUTION I Order � 5(�Stv Clerk I� Ciiv Clerk
E-Document Required: Y
Document Contact: Julie Kraus
Cantact Phone: 266-8776
Total # of Signature Pages _(Clip Aii Locations for Signature)
Approval of the attached resolution to take adverse action against all licenses held by V& HM Plus, LLC d/b/a El Pantano Plus
(License ID#20080002369) for the premises located at 586 Rice Street in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Gommission
Personal Service Contracts Must Answer the Foilowing Questions:
1 Has this person/firtn ever worked utxfer a contract for this department?
Yes No
2. Has this persoNfirtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normalfy possessed by any
current city employee?
Yes No
F�cplain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee violated license condition #11 by allowing patrons under the age of twenty-one (21) into the establishment without a
required permit and also failed to submit proof of required Workers' Compensation insurance. After notification, licensee paid the
$1,000.00 matrix penalty but did not submit proof of Workers' Compensation insurance.
Advantages If App�oved:
License suspension.
Disadvantages If Approved:
Disadvantages If Not Approved:
Totai Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number;
March 18, 2010 336 PM Page 1
f0���3
OFFICE OF THE CITY ATTORNEY
John J. Choi, CityAttamey
sncxr
PAU CITY OF SAINT PAUL
� CIVII �lVl510/!
Chnstopher B. Coleman, Mayor 400 Ciry Hali Telephone: 651266-8770
75 West Kellogg 8/vd. Facsimile: 651298-5679
AA*A Saint Paul, Minnesota 55702
Februazy 25, 201Q
NOTICE OF VIOLATION AND
NOTICE OF INTENT TO SUSPEND LICENSES
Maria Leon
El Pa�tano Plus
586 Rice Street
St. Paul, MN 55103
RE: A]I licenses held by V& HM Plus, LLC d/b/a El Pantano Plus for the premises located at 586 Rice Street
in Sain[ Paul
License ID #20080002369
Dear Ms. Leon:
The Department of Safety and Inspections (DSI) has recommended adverse action against all licenses held by V&
HM Plus, LLC d/b/a El Pantano Plus for the premises ]ocated at 586 Rice Stree[ in Saint PauL The basis for the
recommendation is as follows:
On 3anuary 27, 2010, you teceived a letter From the Department oF Safety and Inspections (DSI) stating
that your Workers' Compensation insurance had been cancelled by Berkeley Risk and you have been
operating without insurance required by the State of Minnesota. You were asked to complete a form to
verify your coverage and submit it to DSI by February 10, 2010. As of today's date, thatinformation has
not been submitted.
On February 5, 2010, at approximately 12:30 a.m., Saint Paul Police called to your establishment to
invesfigate an assault. Police met with the victim of the assault and determined that she was nineteen
(19) years old. She told police that she was assaulted while inside of your establishment.
On February 19, 2010, at appro�mately 1:45 a.m., Saint Paul Police were sent to a nearby Holiday Gas
StaGon to assist with a call regarding a possible assault that had taken place at your establishmenL
Police were directed by the vic6m to car at one of the gas pumps. Whea police approached the car, they
spoke with occupants and asked for identification. All otthe occupants were over the age of twenty-one
(21) except the driver of the caq who was nineteen (19) years old. Police asked her how she was able to
get into your establishment and she told them she was under the impression that the nighYs
entertainment was for patrons eighteen (18) and over. She also told police that she was carded at the
door using her Minnesota Driver's License.
On February 21, 2Q10, pulice were outside of your establishment when they observed several patrons
come out who appeared to be underage. Police approached the security officer and asked him if you had
"1S+ nights" and he said "yes". Police then asked when were the "18+ nights" held and he said "every
night "
Affiimative Actton Eqval Opportunitv Emo]over
E] Pantano Plus
February 25, 2010
Page 2
lo -���
These incidents are ��ola6ons to license rondifion #ll which states: The Zicense holder wiU not atlow
anyone under the age of twenty-one (2I) to enter the estabZuhment except in accordance with Minnesota
State Statute Seclion 340A.503 (4) and Section 409.08 of the City of Saint Paull,egislative Code. Events
held for individuals under the age of twenry-one (2I) require a special permit from DSI, and require that
such events are held in a portion of the establishment where Liquor is not permitted, consumed, soid or
served. The licensee shall be responsible for ensuring that individuals under the age of tw¢nty-one (2I) who
atfend such events cannot gain access to an area where iiquo� is sold, served, permi#ed or consumed." No
peruuts were issued to your establishment by the Department of Safety and Inspections for any of the
dates in question.
Per Saint Paul Legisladve Code §310.05 (m), the ]icensing office wi11 tecommend a$1,000.00 matrix penalty and
suspension of your licenses until current Workers' Compensauon insurance is submitted.
Ai th�s time, you have three options on how to proceed:
1. You can pay [he $1,000.00 matrix penalty and subm�t current W orkers' Compensa[�on insurance. If [his is your choice,
you can send in the paymen[ and information direcdy to the Depaz[ment of Safety and Inspec[ions at 375 Jackson S[reet,
Ste. 220, St. Pau1, Minnesota 55101-1806 no later than Monday, March 8, 2010. Informahon should be directed to the
attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $1,OOO.QO
matrix penalty and submission of current insurance wil] be considered ro be a waiver of the heazing to which you are
en[itled.
2. If you wish to admit [he facts but contes[ [he penalty, you may have a public heazing before the Saint Paul City Council,
you will need to send me a letter with a stateme�t admitting the facts and requesting a public heazing. We will ueed to
receive yom� letter by Monday, March S, 2010. The matter will then be scheduled before the City Counci] for a public
heaxi�g to determine [he appropriafe penalry. You wil] have an opportunify to appear before the Council and make a
statement on your own behalf.
If you dispute that the above facts that constitute a v�olation of your license condition, you can request a hearing before
an Administrative Law 7udge. At that heacing boCh you and the Ciry will be able to appear and presen[ witnesses,
evidence and cross-examine each other's wimesses. The S[. Paul City Council wil] ult�mate]y decide the case. If this is
your choice, please advise me no later than Monday, March 8, 2010, and I will take [he necessary steps [o schedule the
administrative hearing.
If you have not contacted me by that date, I wiD assume that you do not contest the license suspensions and
imposition of the $1,000.00 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 questions about these options, please fee3 free to contact me at 266-877 0.
Smcerely,
'� ✓''� G'Yulc7 � � �i ✓�v�
Virgmia Palmer
Assistant City Attorney
cc: Christine Rozek, Depaty Director of DSI
Maria Leon, 2090 Carnelian Lane, Eagan, MN 55 ]22
Tait Da�ielson CasGllo, Exec. Director, Thomas-Dale/Distric[ 7 Planning Council, 533 North
Dale Street, St. Paul, MN 55103
STATE OF MINNESOT�^ `
, ss.
COUNTY OF RAMSEY )
10����
Julie Kraus, being first duly sworn, deposes and says that on the , �J�'�day of
February, she served the attached NOTICE OF VIOLATION and NOTICE OF INTENT TO
SUSPEND LICENSES by placing a true and conect copy thereof in an envelope addressed as
follows:
Maria Leon
El Pantano Plus
586 Rice Street
St. Paul, MN 55103
Maria Leon
2090 Carnelian Lane
Eagan, MN 55122
Tait Danielson Castillq Exec. Director
Thomas-Dale/District 7 Planning Council
533 North Dale Street
St. Paul, MN 55103
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� .
q / - `i l, � ,�l � '� � � L��—�.
\ 1 � �
Juh'e�Kraus
Subscribed and sworn to before me
this �"` of February,2010
/' ' �
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f� Cc ,!" �� �.�i L�, �.�e
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Notary Public
AFFIDAVIT OF SEl. rICE BY U.S. MAIL
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