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10-65Council File # ��� �Q5 Green Sheet # �j� �f �j' '3 (,� Presented by CITY RESOLUTION PAUL, MINNESOTA C� 1 WFIEREAS, adverse action was taken against all licenses held by Alex Trade, Inc. d/b/a Burr 2 5quare Food & Deli (License ID#20070004613) for the premises located at 962 Burr Street in Saint Paul, 3 by Notice of Intent to Revoke Licenses dated December 17, 2009, alleging the licensee's Certificate of 4 Occupancy had been revoked for the building and the licensee did not pay delinquent license and late fees 5 in the amount of $1,565.00; and 0 7 WHEREAS, the licensee did respond to the Notice of Intent to Revoke Licenses but then failed to 8 pay the delinquent license and late fees or request an administrative or public hearing; and 9 10 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to pay the 11 delinquent license and late fees or request a heazing by December 24, 2009 that the matter would be placed 12 on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that all licenses held by Alex Trade, Inc. d/bfa Burr Squaze Food & Deli are hereby 15 revoked. S[azk Adopted by Council; Date Yeas Nays Absent Requested by Deparfinent of: � � � ��� � � � ✓ g Pr J2r� Adoption Certified by Coun il Secxetary By: � � / Approve y M o� Date � 7�� Lolc� By: Form Approvgd by City Attorney BY� �"ft1rlNLCa}ll � - Si ��.._� � � Form App o d b Ma r for S h nissio�,to Council B y : v � � � � ; si - Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ce7Coundl: , ` � i Date Initiated: SafeTy&Inspections �, „��,,ZO,o ; Green Sheet NO: 3094936 Confact Person 8 Phorte: Virqinia D. Pafiner 266-5710 ' Must Be on Counci Agei ` 20-JAN-10 ' �, ��� Dom Type: RESOWTION '~ �� Assign by (Date): Num6er i ��Y � For 1 —� Routing Order E-Document Required: Y �ocument Contact: �ulie Kraus ConWd Phone: 266-8776 Total # of Sig P ages _(Clip All Locations for Signature) AMion Requested; 0 Dept of Safety & Inspections i' 1 pept.ofSafetv&Iospec4o¢s DeuartmexitDirecWr 2 Ciiv Attorn¢Y CiN AKorn¢y i 3 �Sayor's Office 1 MavorJASSistant A Conncil ��—, 5 City C)erk � I Citv C7erk � Approval of the attached resolution to take adverse action against all licenses held by Alex Trade, Inc. dlb/a Biur Squaze Food & Deli (License ID#20070004613) for the premises located at 9b2 Burr Street in Saint Paul. Recommendations: Approve (A) or Rejec[ (R): Planning Gommission GB Committee Civil Service Commission Personal Service Co�tracts Must Answer the Following Questions: L Has this personlfirm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee� Yes No 3. Does this person(firm possess a skill not normafiy possessed by any cUrrent 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 in the amount of $1,565.00 and their Certificate of Occupancy had been revoked. Afrer notification licensee did respond to the Norice of Intent to Revoke Licenszs but then failed to pay delinquent license and late fees or request a hearing by the Decembef 24, 2009 deadline. Advantages If Approved; License revocation. Disadvantages If Approved: DisadvanWges If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Adivity Number: January 11, 2D10 10:29 AM Page 1 {o-�� SqINT PAUL � AAAA CITY OF SAINT PAUL ChnstopherB. Coleman, Maym OFETCE OF THE CITY ATTORNEY 7ohn J CJwi, Ciry Atmmey Te(ephone: 651 266-8710 Facstmt[e.� 651 298-5619 December 17, 2009 GVII DNtSIOR 400 City Hn(! I S West Kellogg B[vd SoiniPJiut, Mmnesota SS102 NOTICE OF INTENT TO REVOKE LICENSES Hossameldin Farag Burr Square Food & Deli 962 Burr Street St. Paul, MN 55130 RE: All licenses held by Alex Trade, Inc., d/b/a Burr Squaze Food & Deli for the premises located at 962 Bun Street in Saint Paul License ID #: 200'I0004613 Deaz Hossameldin Fazag: The Department of Safety and Inspections (DSI) has recommended revocation of all licenses held by Alex Trade, Inc., d/6/a Burr Square Food & Deli for the premises located at 962 Burr Street in Saint Paul. The basis for the recommendation is as follows: According to Department of Safety and Inspections (DSI) records, your licenses expired as of October 29, 2009 and you owe $1,565.00 in delinquent license and late fees. DSd records also show that your business is currenUy closed and the building where your establishment had been operating had the Certificate of Occupancy revoked. Per St. Paul Legislative Code §310.05 (m) (8), the licensing office will recommend revocation of your licenses for failwe to pay license fees. At this time you have two options on how to proceed: If you wish to admit the facts but contest the penalty, you may have a pubiic heazing before the Saint Paui 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 Thursday, December 24, 2009. The matter will then be scheduled before the City Council for a public heazing to determine whether to revoke your licenses. You will have an opportunity to appear before the Council and make a statement on your own behalf. Affirmative Action Equal Oppor[unity Employer Burr Square Food and Deli December 17, 2009 Page 2 �V' ��i 2• If you dispute the above facts, you can request a hearing before an Administrative Law Sudge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and ctoss-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please let me know by Thursday, December 24, 2009, and I will take the necessary steps to schedule the administrative heazing. If you have not contacted me by that date, I will assume that you da not contest the revocation of your licenses. 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, piease feel free to contact me at 266-8710. 3incerely, ��/ ��� '���?-� Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Hossameldin Farag, 5601 Smetana Drive, Ste. 617, Minnetonka, MN 5534? Leslie McMurray, Exec. Director, Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 13Q St, Paul, MN 55130 Affirmalive Ac[ion Equal Opportunity fimployer STATE OF MINNESOT ^ ` , ss. COUNTY OF RAMSEI' ) ������ Julie Kraus, being first duly sworn, deposes and says that on the � day of December, she served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true and conect copy thereof in an envelope addressed as follows: Hossameldin Farag Burr Square Food & Deli 962 Burr Street St. Paul, MN 55130 Hossameldin Farag 5601 Smetana Drive, Ste. 617 Minnetonka, MN 55343 Leslie McMunay, Exec. Director Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 1 �V� � Juli aus Subscribed and sworn to before me this �day of L7ecember, 2�o9 � � s=° ` s Orte—�!�''d� Not y Public AFFIDAVIT OF SE__ 1ICE BY U.S. MAIL RITA M. BOSSARD NDTARYPUBLIC-MINNE56TA 4 MYCOMMISSION p� EXPIRESJAN 31 20i �l - .��...�_�...._ -�:: N � N 'O � �- Q Q N h ^ G N y � � a m � O Q � .� N 0 C O V W N � � H d E 0 w 3 U a w J N � m Z m 0 j .} } y y } } } T } } } } } y } } } } O � � � f C C -� C J N N N R � s 3 > � � � O' N a � = c c o c � . �� O U � F �� f O � O � � ! 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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 lice�se types, except thaf in the case of a violation involving a liquor license § 40926 shall apply where a specific violation 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 muftiple violations in one (1) appearance. All penalty recommendations for chapter 331A violations shall be based on the food penalty guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines 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 INSET: Type of Violation Appearance 1 st 2nd 3rd 4th (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 $2,000.00 fine the legislative code relating $1,000.00 and 10-day Revocation to the licensed activity fine sus ension P (3) Violation of provisions of the legis{ative code relating $500.00 fine $1,000.00 $2,000.00 fine Revocation to the licensed activity fine and 10-day other than violations of the suspension food code (4) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension DSI inspector or police suspension (5) Commission of a crime other than a felony on the $700.00 $1,500.00 5-day Revocation premises by a licensee or 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 establishment 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-critical violation $150.00 $250.00 $500.00 $1,000.00 under 331A (i) Frnes payab/e without hearing . httrr Chapter 310. Uniform Licen� °rocedures Page 2 of 3 � � ��� A. Notwithstanding 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 Inspections withaut a council hearing, unfess 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 violatio�s. 8. 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 �ne will be considered to be a waiver of the hearing to which the ficensee 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 �ot 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 Inspections recommends a fine that is an upwatd departure for the amount outlined above. (ii) Mu/tiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been aileged and/or incorporated in the notices sent to the licensee under the administrative procedures act up to and incfuding the formal notice of hearing. The council 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 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 ficensee admits to the facts, and shali in that case be treated as though part of the "1st Appearance." fn ail other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall app(y to a seco�d, 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 council shall 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-criticaf violations of Chapter 331A shall not be counted as an "appearance" before the Council in relation to any violation other than another violation of Chapter 331A. (v) Computation of time. (1) If a licensee appears before the councif for any violation in paragraph (m) where that violation has occurred within twefve (12) calendar months after the first appearance of the same licensee for a violaiion Iisted 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 Licens �rocedures Page 3 of 3 (�-c�s for violations listed in paragraph (m) or section 409.26, 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 council, then the current appearance shall be treated as a third appearance for the purpose ofi determining presumptive penalty. (3) If a licensee has appeared be4ore the council on three (3) previous occasions, each for viofations listed in paragraph (m) or section 409.26, and if said iicensee again appears before the council for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) calendar months of the violation 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 related to a violation of the law or {icense conditions shal( be counted as a second appearance, regardless of how much time has passed since the frrst appearance if the first appearance was aiso regarding a death or great bodily harm in a licensed estabiishment. A third appearance for the same shaii 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; GF. 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)