10-67Council File #
Green Sheet # � , �
RESOLUTION
� I�
Presented by
PAUL, MINNESOTA
�7
1 WF�REAS, adverse action was taken against the Retail Food (A) — Grocery 1-1Q0 sq. ft. license
2 held by Kathy's Live Bait N Tackle, Inc. dlbla Kathy's Live Bait N Tackle, Inc. (License ID
3#200800000$92) for the premises located at 1239 Rice Street in Saint Paul by Notice of Intent to Suspend
4 License dated December 2, 2009, alleging licensee failed to submit a completed Certificate of Compliance
5 Minnesota Workers' Compensation i,aw Form; and
7 WHEREAS, per Saint Paul I.egislative Code §310.05 (m) (2), the licensing office also
8 recommended a$500.00 matrix penalty for failure to submit the required document in order to maintain
9 the license; and
10
11 WI�EREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the
12 required information; and
13
14 WHEREAS, the Notice of Intent to 3uspend License stated that if the licensee failed to submit the
15 required information by December 14, 2009, that the matter would be placed on the consent agenda to
16 impose the recommended penalty; now, therefore, be at
17
18 RESOLVED, that the Retail Food (A) — Grocery 1-100 sq. ft, license held by Kathy's Live Bait N
19 Tackle, Inc. dib/a Kathy's Live Bait N Tackle, Inc. is hereby suspended and the licensee is ordered to pay a
20 matrix penalty of $500.00 for failure to submit required information. Fayment of such penalty shall be
21 made within thirty days of fhe date of the adoption of this resolution.
22
Requested by Depaztment of:
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By: x ` `A� p � i�-u1,G.G.�
Adoption Certified by Coun ' Secretary
By: �
Approve y Ma or Date ��� YUL�i
By:
Form Approve 6y City Attorneyl
By _ � � •�
Form Ap cov 6 Mayo foL Su m'ssion t Council
By: �
Adopted by Council: Dafe ���/���Q/d
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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, DepartmenUOfficelCouncil: ; Date Initiated: �± �
� S1 _Dept.ofSa4ety81nspections 4 �1JAN2010 ! Vreen �heet N�. �094951
�, Contact person 8 Phone:
', Virqinia D. Paimer
266-8710
��, Must Be on Cou ii Agenda by
! zo-�arvao�r �n. ,,> �:
Doc. Type: RESOLUTION
E-Document Required: Y
DocumentConWct: �ulieKraus
Conpct Phone: 26G8776
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Assign
Number
For
Routing
Order
ToffiI # of Signature Pages _(Clip All Locations for Signature)
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Action Requested:
Approval of the attached resolution to take adverse action against the Retail Food (A) - Cttocery 1-100 sq. ft. license held by Kathy's
Live Bait N Tackle, Inc., d/b/a Kathy's Live Bait N Tackle, Inc. for the premises located at 1239 Rice Street in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Gommittee
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, OpportuniTy (VJho, What, When, Where, Why):
Licensee failed [o submit a completed Ceirificate of Compliance Minnesota Workers' Compensarion Law Form. Afrer notification,
licensee did not respond to the Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages If Approved:
DisadvanYages If Not Approved:
ToWI Amount of
Trensaction:
Funding Source:
Financlal Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
.lanuary 11, 2�10 10:55 AM Page 1
OFFICE OF THE CITY ATTORNEY
John J. Choi, CilyAttomey
(D�C��
SAfNT
PA41L C1TY OF SAINT PAUL CivilDivision
� Ghnstopher8_ Coleman, Mayor 400CiryHall Telephone: 651266-8710
15 West Kellogg Blvd. Facsimile: 651298-5679
AAAA Saint Paui, Minnesota ss7oz
December 2, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Xiong Touachongka
Kathy's Live Bait N Tackle, Inc.
1239 Rice Street
St. Paul, MN 55117
RE: Retail Food (A) - Grocery 1-100 square feet license held by Kathy's Live Bait N Tackle, Inc.
d!b!a Kaffiy's Live Bait N Tackle, Inc., for the premises located at 1239 Rice Street 3n Saint Paul
License ID #20080000892
Deaz Xiong Touachongka:
The Department of Safety and Inspections (DSI) has recommended suspension of the Retail Food (A) -
Grocery 1-100 squaze feet license held by Kathy's Live Bait N Tackie, Inc., d!b/a Kathy's Live Bait N Tackle, Inc.,
for the premises located at 1234 Rice Sueet in Saint Paul. The basis for the recommendaUon is as follows:
On October 8, 2009, you were sent a letter from the Department of Safety and Inspections
(DSI) stating that they were unable to send your license because you had not submitted a
completed Certi�cate of Comuliance Minnesota Workers' Comuensation Law form. You
were given untii Octobet 22, 2009, to submit the required information. As of today's date,
that information has not been received.
Tn addition to the suspension of your license, per Saint Pau] Legislative Code §310.05 (m) (2), the licensing
office will also recommend a$500.00 matrix penalty for failure to submit the required workers' compensation form in
order to maintain your license.
At this time, you have three options on how to proceed:
You can submit the reyuired workers compensation form. If this is your choice, you should send the
informauon directly to the Departrnent of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, December 14, 2009. Informa6on should be directed to the
attention of Chrisune Rozek. A self-addressed envelope is enclosed for your convenience. Submission of
the required information will be considered to be a waiver of the hearing to which you are enuded.
Affirma4ive AcUon Baual Onnortunitv Emnlover
Kathy's Live Bait N Tackle, Inc.
December 2, 2009
Page 2
(t�-t��
2. If you wish to admit the facts but contest the penalty, you may have a public heanng before the Saint Pau]
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, December 14, 2009. The matter will then be
scheduled before the City Council for a public hearing to determine whether to suspend your license and
impose the $500.�0 matrix penalty. You will have an opportuniry to appeaz before the Counci] and make a
statement on your own behalf.
3. If you no longer wish to do business in the City of Saint Paul, you will need to send a written statement to
that effect to the Department of Safery and Inspections, at 375 3ackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, December 14, 2009. Information 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 Gcense and imposition of the $SOO.QO 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 feel free to contact me at 266-8710.
Sincerely,
��������
Virginia D. Palmer
Assistant City Attorney
����n (�-1G�
cc: Christine Rozek, Deputy Director of DSI
Xiong Touachongka, 515 Sherbume Avenue, St. Paul, MN 55103
Affirmative Action EQUaI Ovoortunitv Emnlover
STATE OF MINNESOT
� ss. AFFIDAVIT OF SE�. JICE BY U.S. MAIL
COUNTY OF RAMSEY )
�o�r��
Julie Kraus, being first duly sworn, deposes and says that on the � t1C� day of
December, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by
placing a true and correct copy thereof in an envelope addressed as follows:
Xiong Touachongka
Kathy's Live Bait N Tackle, Inc.
1239 Rice Street
St. Paul, MN 55117
Xiong Touachongka
515 Sherburne Avenue
St. Paul, MN SS103
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� �""`^� �
7ulie Kraus
Subscribe and sworn to before me
thi�day of December, 2009
� .� ,��. /�� ,
! Nr<�Y Public
R1TA M. 80SSARD
NDTARY %18LfC • MMNESOTA
MY COMMiSSfON
OCPIRES JAN. 35. 2 01 0
Chapter 31Q. Uniform Licen� rocedures Page 1 of 3
( � '�2'�
(m) Presumptive pena/ties for certain vio/ations. 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 a!I license types, except that in
the case of a viofation invoiving 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 tota{ fine amount for violations of § 331A
may exceed the maximum fine outlined below due to multipie violations in one (1) appearance.
All penaity recommendations for chapter 331A viofations shafl 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 individual case where the council finds
and determines that there exist substantial and compelli�g reasons making it more appropriate
to do so. When deviating from these standards, the council shail provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Appearance
Type of Violation 1st 2nd 3rd 4th
(1) Violations of conditions $500.0� fine $1,000.00 $Z,000.00 fine Revocation
piaced on the license fine and 10-day
suspension
(2) Violation ot provisions of $2,OQ0.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Viofation 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 }5-day Revocation
entrance or inspectio� by suspension suspension suspension
DSI inspector or police
(5} Commission of a crime
other than a felony on the 5-day Revocation
premises by a ficensee or $700.00 $1,500.00 suspe�sion
empioyee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a nia
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
(S) Failure to pay iicense Revocat+on
fees
(9) Critical violations under $1,000.00, 5- ftevocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation
under 331A $150.00 $250.00 $500.00 $1,000.00
(i) Frnes payable without hearrng .
Chapter 3] 0. Uniform Licen 'rocedures
Page 2 of 3
�0�(�7
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
making a fiirst or second appearance before the council may elect to pay the fine
to the Department of Safety and Inspections without a council hearing, unless the
notice of vio[ation 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 wifl 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 regardfess of how many prior appearances that ficensee
has made befiore the Council. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety a�d lnspections is equal to or less than the fine amount outlined in the
above matrix. Payment of the recommended fine wiil 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 determi�ing presumptive penalties for
subsequent violations. 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
outlined above.
(ii) Multiple violations. At a licensee's first appearance before the city council, the
council shall consider and act upon afi the violations that have been alleged and/or
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 pena�ty for each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multipfe violations shaii be grounds for
departure from such penalties in the council'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, violations occurring after the date of the formal notice of
heari�g shall be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. The same procedures shali appfy 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 councii shall impose the presumptive penalty for the
violation or vtolations 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 violations of Chapter 331A shall not be counted as an
"appearance" before the Council in relation to any vio(ation other than another violation
of Ghapter 331 A.
(v) Computation of trme.
(1) If a licensee appears before the council for any violat+on in paragraph (m)
where that violation has occurred within twelve (12) calendar months after the
first appearance of the same licensee for a violation Iisted in paragraph (m)
above or section 409.26, the current appearance shalf be treated as a second
appearance for the purpose of determining the presumptive penalty.
(2) If a licensee has appeared before the councif on two (2) previous occasions
Chapter 310. Uniform Licene rocedures Page 3 of 3
/�'��
for violations listed in paragraph (m) or section 4�9.26, 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 tfie first appearance before the councif, then the current appearance
shalf be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) If a licensee has appeared before the councii 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)
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 (1j, (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 sha{I 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 reiated 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 first appearance if the first appearance was also
regarding a death or great bodiiy harm in a licensed establishment. A third
appearance for the same shall 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; G.F. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-134Q § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. OS-180, § 1, 4-6-05; GF.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-2&07; C.F. No. 67-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)