Loading...
10-382Council File # 10-382 Green Sheet # �4� RESOLUTION OF AINT PAUL, MINNESOTA Presented by �� I WHEREAS, a�se�{ion was taken against all licenses held by Ni-Lite Restaurant and Baz, Inc. 2 d/b/a Ni-Lite Restaurant & Baz (License ID#20040002934) for the premises located at 173 Robert Street 3 South in Saint Paul by Notice of Intent to Suspend Licenses dated March 5, 2010, alleging licensee failed 4 to pay delinquent license and late fees of $6,684.00; and 5 6 WHEREAS, the licensee did respond to the Notice of Intent to Suspend Licenses to call the City 7 Attorneys Office in order to inquire about an extension, but then failed to follow-up with the Department 8 of Safety and Inspections to obtain the extension or set-up a payment plan; 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 or request a public hearing or admi�istrative heazing by March 15, 2010, 12 that fhe mattez would be placed on the consent agenda to impose the recommended penalty; now, 13 therefore, be it 14 15 RESOLVED, the all licenses held by Ni-Lite Restaurant and Bar, Inc. d/b/a Ni-Lite Restaurant & 16 Bar are hereby suspended for failure to pay delinquent license and late fees of $6,684.00. Yeas Nays Abse�t Requested by Depaztment of: � �� Q ��.� � � � BY v � �d� Stark Adopted by Council: Date Y��� Adoption Ce�rtif by Cou i1 Secretary BY� �/ /ll/lG/l //i%✓'(iJ// Approved by�yIay : Date ��j� ���; � r/ ) �-�"' By: /�F/fv _I Form Approve by City AtE�rney J / sy: � 1` �v - �-r.-. Fozm AppLOVed by Mayor for Su mission to Council BY ��'� G�r� � ,/ 7 -�-/D � Green Sheet Green Sheet 10-382 Green Sheet Green Sheet Green Sheet Green Sheet i DepartrnenUOffice/Council: � Date Initiated: ; i S� _Dept.ofSafety&Inspections ; 24MAR2010 � Green Sheet NO: 3104016 �i ContaM Person & Phone: � Virginia D. Palmer 266-8710 '�, Must Be on Councii Agenda by (Da ' 14-APR-10 ��A�i_�-� �I Doa Type: RESOWTION �� E-Document Required: Y i Document Contact: Julie Kraus I Contact Phone: 266-8776 y Assign � Num6er For Routing � Order Toql # of Signature Pages _(Clip Af1 Locations 4or Signature) � 0 Slept. of Safetv & Inspections 1'lleot of Saferi & Insnections Department D'uectm ' 2 Citv Attomev Citv Attomev ' �' 3 �Mawr's O�ce I MavodASSistant 4 .Council CStv Council � 5.CiN G7erk Ctiri Clerk ��' - C j Approval of the attached resolurion to take adverse action against all liceuses held by Ni-Lite Restaurant and Baz, Inc. d/b/a Ni-Lite Restaurant & Bar (License ID#20040002934) for the premises located at 173 Robert Stree[ South in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission qB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this personffirtn ever worked under a contract for this depadment? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee� Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): License failed to pay delinquent license and late fees in the amount of $6,684.00. After notification, licensee called City Attomey in response to the Notice of Intent to Suspend Licenses to inquire about an ex[ension, but then failed to follow-up and with DSI to get the extension or to set up a payment plan. Advantages If Approved: Suspension of ali licenses. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Fi�ancia{ Information: (Explain) CostlRevenue Budgeted: Activity Number: March 24, 2010 10:50 AM Page 1 10-382 SAINT PAUL � Al1AA CITY OF SAINT PAUL ChnstopherB. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey Te/ephone: 657 266-8710 Facsimile: 651298-5619 March 5, 2010 Civil Divisron 400 City Hall 75 West Kellogg Blvd. Saint Paul, Mmnesota 55702 NOTICE OF INTENT TO SUSPEND LICENSES Yee Lee Ni-Lite Restaurant & Baz 173 Robert Street South St. Paul, MN 55107 RE: All licenses held by Ni-Lite Restaurant and Baz, Inc. d/b/a Ni-Lite Restaurant & Bar for the premises located at 173 Robert Street South in Saint Paul LicenseID #20040002934 Dear Yee Lee: The Department of Safety and Inspections (DSI) has recommended suspension of all licenses held by Ni-Lite Restaurant and Bar, Inc. d/b/a Ni-Lite Restaurant & Bar for the premises located at 173 Robert Street South in Saint Paul. The basis for the recommendation is as follows: On February 17, 2010, the Department of Safety and Inspections (DSI) received notice that the check for $5,355.00 you submitted on December 14, 2009, in payment of delinquent license and late fees was returned from the bank for non-suf�cient funds (NSF). On February 18, 2010, a DSI Inspector came to your establishment and found no one there. She left a copy of the iVSF check and your Second Half invoice, which is also due, with the Tai Ginger manager who said he would give it to you. The Department of Safety and Inspections has not received a call from you regarding payment of past due fees. .�s of today's date, you now owe $6,684.00 in delinquent Iicense and late fees. As a result, tfle licensing office will recommend suspension of all licenses until the delinquent license and late fees aze paid in full. At this time, you have three options on how to proceed: You can pay the $6,684.00 in delinquent license and late fees. If this is your choice, you should make full payment by cash, cashier's check or credit card onlv directly to the Departrnent of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March 15, 2010. Payment should be directed to the attention of Christine Rozek. Payment of the delinquent license and late fees will be considered to be a waiver of the hearing to which you aze entitled. Affirmative Action Equal Opportunitv Emolover 10-382 t3i-Lite Restaurant & Bar March 5, 2010 Page 2 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 15, 2010. The matter will then be scheduled before the Ciry Council for a public hearing to determine whether to suspend your licenses. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing before an Administrafive Law Judge. At that hearing both you and the City will be able to appeaz and present wimesses, evidence and cross-examine each other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, March 15, 2010, and I will take the necessary steps to schedule the administrative heating. If you have not contacted me by that date, I will assume that you do not contest the suspension of your Iicenses. 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 feel free to contact me at 266-8710. Sincerely, ��a�'t�, a ���;0��a�..���� Virgima D. Palmer Assistant City Attomey cc: Chris6ne Rozek, Deputy Director of DSI Yee Lee, 778 University Avenue, St. Paul, MN 55104 Yee Lee, 5885 Arthur Street NE, Fridley, MN 55432 Affirmative Action Eaual Onoortuniro Emnlover STATE OP MINNESOTF ) ss. AFFIDAVIT OF SEI� . ICE BX U.S. MAIL COUNTY OF RAMSEY ) 10-382 Julie Kraus, being first duly sworn, deposes and says that on the ��� day of Mazch, she served the attached NOTICE OF INTENT TO SU5PEND LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Yee L.ee Ni-Lite Restaurant & Baz 173 Robert Street South St. Paul, MN 55107 Yee L.ee 778 University Avenue St. Paul, MN 55104 Yee Lee 5885 Arthur Street NE Fridley, MN 55432 (which is the ]ast known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 4 � �. . � , '` `;�.,�. �:, i � �—� —�a ,� Juk�Kraus Subscribed and sworn to before me this �day of March, 2010 ` yG��� /�l , a�� �.c�A� Notary Public RRA M. BOS3ARp MOfAR1' PUBI.IC • MINNESOTA MY COMMISSION EXPIRESJAN.31,2015 10-382 IQ Renewal Invoice CITY OF SAINT PAUI ❑ Check this box if making any name, mailing address or phone � Department of Safety and Inspections corrections. Please write the changes on this fortn. If your 375 Jackson Street, Suite 220 business license address is changing, please request a new Saint Paul, MN 55101-1806 business license application PHONE: (651) 266-8989 February 22, 2010 An E�i o 651) 266-9124 q pportuniLyEmployer NI-LITE RESTAURANT AND BAR INC NI-LITE RESTAUR.4NT & BAR 778 UNIVERSITY AVE 5T PAUL MN 55104 BUSINESS PHONE: 651-336-2871 Transaction Description Inv: 658884 040002934 Alarm Permit (Renew) 15175 @ 173 ROBERT ST S Inv: 658884 040002934 Entertainment B Expires: 10/18/2009 Inv: 658&84 040002934 Gambling Location Expires: 10/18/2009 Inv: 658884 040002934 Restaurant (4) - 51-150 Seats Expires: 10/18/2009 Inv: 658884 040002934 Liquor On Sale - 101-180 Seats Expires: 10118I2009 Inv: 658884 040002934 Liquor On Sale - Sunday Expires: 10/18/2009 Inv: 658884 040002934 Cigarette/Tobacco Expires: 10/18/2009 lnv: 671431 �ate Fee 7-30 days late {10%) inv: 673212 Late Fee 31-60 days late (10°/a) Inv: 673291 Alarm Late Fee Inv: 681334 Late Fee 61-90 days late (10%) Inv: 681412 Late Fee 91-120 days late (10%) Late Fee 121+ da s late 10% Requirements Invoice # : saieso Invoice Due Date : Upon Receipt Account Balance: $9,241.00 Pay this Amount: $6,684.00 Trensaction Totsf 572.00 71.00 631.00 2,527.00 200.00 431.00 443.00 443.00 10.00 443.00 443.00 Invoice Amount Due: $6,684.00 Your account is overdue. Please mail payment today!! Are ciga�ettes being sold over-the-counter? Y or N»If soltl by vending machine, how many machines� PIEASE N07E: If anyone under the age of 18 is allowed in the establishment, State of MN law forbids the sale of cigarettes via machine sales All sales must be made over the counter by an employee of the establishment. " If this alartn permit is not paid within 30 days after the expiration date, a$10.00 late tee will be added. " Is your alartn monitored by an alartn company? Yes or No If Yes, which company? If No, please provide keyholdef information - mdude full name(s) and phone #(s) : Please verify your name, address, antl phone #. Provide us with your current phone number if not listed above Please complete the following information for your First Half renewal (disregard if invoice is for the 2nd half payment): Company & DBA Names (if different than above): Business Phone #s (include fax, cell, & pager if appiicable): Applicant Name, Date of Birth, Home Address, & Phone #'s: Manager Name, Date of Birth, Address & Phone #'s: Liquor is served in the following rooms: Signature & Title of Applicant: Submit with First Half payment only: •State renewal certificate 'Proof of current Iiquor liability insurance (expiration must coincide with your 6cense expiration date) Please Give Us Your Email Address: Please Return this invoice with your paymertt!