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4 Occupancy had been revoked for the building and the licensee did not pay delinquent license and late fees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:
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✓ 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 ��.._�
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Form App o d b Ma r for S h nissio�,to Council
B y : v � � �
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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 -
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Chapter 310. Uniform Licen� °rocedures
Page 1 of 3
�����
(m) Presumptive penalties for ce�tain 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 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)