10-684Council File # � Q— 8'
Green Sheet # .� (p
RESOLUTION
PIT PAUL, MINNESOTA
Presented by
�(
WHEREAS, adverse action was taken against the Retail Food (B) — Grocery 101-1000 sq. ft. and
Retail Food — Restricted Food Services licenses held by Herbal Healing Tea Shop dfb(a Herbal Healing
Tea Shop (License ID #20070004891) for the premises located at 995 University Avenue West in Saint
Paul by Notice of Intent to Suspend Licenses dated May 20, 2010, alleging licensee failed to pay
delinquent license and late fees of $282.00 and submit a completed Certificate of Compliance Minnesota
Workers' Compensation Law form; and
8 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office recommended a
9$SQ�.OQ matrix penalty for failure to submit required information in order to maintain the license; and
10
11 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend Licenses to pay the
12 delinquent license and late fees and submit the required information, request a hearing or cancel the
13 license; and
14
15 WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay the
16 delinquent license and late fees and submit the required information, request a hearing or cancel the license
17 by June 1, 2010, that the matter would be placed on the consent agenda to impose the recommended
18 penalty; now, therefore, be it
19
20 RESOLVED, that the Retail Food (B) — Grocery 101-1000 sq. ft. and Retail Food — Restricted
21 Food Services licenses held by Herbal Healing Tea Shop d/b/a Herbal Healing Tea Shop are hereby
22 suspended far failure to pay delinquent license and late fees of $282.00; and
23
24 FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $500.00 for failure to
25 submit a completed Certificate of Compliance Miimesota Workers' Compensation Law form. Payment of
26 such penalty shall be made within thirty days of the date of the adoption of this resolution.
Adoption CeRified by Counc Secretary
BY // ///,.s�//�if-�r,�i/
Approved by a o l Date �/I ��� �
B ���Ai.r O�a �-Q :�
Requested by Department of:
� . ���.�j
BY: 7'f ��
Fo pp d b City Attomey
By � ��
Form App ved b M for b�iss' to Co cil
By:
Adopted by Cou�cil: Date ���/��j/j�
� ID�6�'
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
SI - Dept. of Safety & Inspections I 16 JUN 2010 I V reen Sheet N� 3115267
Contact Person 8 Phone:
Rachel Tierney
266-8710
Must Be on Counc[I by�
07-JUL-10 C lA
Doc. Type: RESOLUTION
E•Document Required: Y
Document Contact: �ulie Kreus
Contact Phone: 266-8776
� 0 e t. of Safe & Ins ectians
1 �ept. of Safety & I�spections
Assign Z � Attorne
Number
For 3 a or's Oftice
Routing 4 ouncil
Order i 5 i Clerk
Total # of Signature Pages _(Clip All Locatians for Signature)
Approval of the attached resolution to take adverse action against the Retail Food (B) - Cttocery 101-1000 sq. ft and Retail Food-
Restricted Food Services licenses held by Herbal Healing Tea Shop d/b/a Herbal Hea]ing Tea Shop (License ID#20070004891) for
the premises located at 995 University Avenue West in Saint Paul.
Recommendations: Approve (A) or Reject (Ry
Planning Commission
CIB Committee
Civil Service Commisslon
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a wntrnct for Nis tlepartment?
Yes No
2. Has this persoNfirm ever 6een a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current cify 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 Iate fees of $282.00 and submit a completecl Certificate of Compliance Minnesota
Workers' Compensation Law form. After notification licensee did not respond to the Notice of Intent to Suspend Licenses.
AdvanWges IfApproved:
License suspension and imposition of $500.00 matrix penalty.
DisadvanWges If Approved:
I Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financial fr�fortnation:
(Explain)
CosVRevenue Budgeted:
Activity Number.
June'16, 2070 1:16 PM Page 1
�o -l��'`�
swiNr
PAUL
�
AAAA
CITY OF SAINT PAUL
ChnstopherB Coleman, Mayo�
OFFICE OF THE CITY ATTORNEX
Gera/d T. Hendnckson, City Attomey
Te/ephone: 657 266-8710
Facsimile: 651298-5619
May 20, 2010
Civil Division
4D0 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55f 02
NOTICE OF INTENT TO SUSPEND LICENSES
Xor Xiong
Herbal Healing Tea Shop
945 University Avenue West
St. Paul, MN 55104
RE: Retail Food (B) — Grocery 101-1000 sq. ft and Retail Food — Restricted Food Services licenses heid
by Herbal Healing Tea Shop d/b/a Herbal Healing Tea Shop for the premises ]ocated at 995
University Avenue West in Saint Paul
License ID #20070004891
Dear Xor Xiong:
The Department of Safety and Inspections (DSn has zecommended suspension of the Retail Food (B)
— Grocery 101-1000 sq. ft and Retail Food — Restricted Food Services licenses held by Herbal Healing Tea
Shop d/b/a Herbal Healing Tea Shop for the premises located at 995 University Avenue West in 5aint Paul.
The basis for the recommendation is as follows:
On March 23, 2010, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) stating that your Retail Food (B) —
Grocery 101-1000 sq. ft and Retail Food — Restricted Food Services licenses had
expired as of December 11, 2009. You now owe $282.00 in delinquent license
and late fees. You also need to submit a completed Certificate of Comaliance
Minnesota Workets' Comnensation Law form.
You were given until April 14, 2010, to pay the license and late fees and submit
the requested information. As of today's date neither has been received.
In addition to the suspension of your Retail Food (B) — Grocery 101-1000 sq. ft and Retail Food —
Restricted Food Services licenses, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office will
also recommend a$500.00 matrix penalty for failure to submit required information in order to maintain
your license.
Affirmative Aclion Equal Opportunitv Emplover
rn-���f
Herbal Healing Tea Shop
May 20, 2010
Page 2
At this time, you have three options on how to proceed:
You can pay $282.00 in delinquent license and late fees and submit the requested information.
If this is your choice, you should send the payment and information directly to the Department
of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no
later than Tuesday, June 1, 2010. Information should be directed to the attention of Christine
Rozek. A seif-addressed envelope is enclosed for your convenience. Payment of the delinquent
license, late fees and submission of the requested information will be considered to be a waiver
of the heazing to which you are entitled.
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 Tuesday, June 1, 2010.
The matter will then be scheduled before the City Council for a public hearing to determine
whether to suspend your licenses and impose the $500.00 matrix penalty. You will have an
opportunity to appeaz before the Council and make a statement on your own behalf.
If you no ]onger 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 Safety and Inspections, at 375 Jackson Street, Ste.
220, St. Paul, Minnesota 55101-1806 no later than Tuesday, June 1, 2010. 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 licenses and imposition of the $500.00 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 feel free to contact me at 266-8710.
Sincerely,
�o.�.�.��.�.a�� ��-
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Aeputy Dizector of DSI
Xor Xiong, 10121 Florida Circle North, Brooklyn Pazk, MN 55455
Affirmativa Artinn Fnnal Onnnrhmifv Fmninvcr
STATE OF MINNESOT " � � � �°��
� ss. AFFIDAVIT OF S��_ JICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the�L��day of
May, she served the attached NOTICE OF INTENT TO SUSPEND LICENSES by placing a
true and correct copy thereof in an envelope addressed as follows:
Xor Xiong
Herbal Healing Tea Shop
995 University Avenue West
St. Paul, MN 55104
Xor Xiong
10121 Fiorida Circle North
Brooklyn Park, MN 55455
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States maii at St. Paul, Minnesota.
�
Julie Kraus
Subscribed and sworn to before me
this 2�`� day of May, 2010
v ��E-.���.'�
N�11C
RtTA M• BOSSARD
M��1'PUBLIC • MINNESOTA
«�ESOAA NS3 10 015
Chapter 310. - Uniform Lice• , Procedures
Page 1 of 3
�o � �'�
Presumptive penalties for certain violations. The purpose of this section is to establish a standard by
which the city councii determines the amount of fines, the iength of license suspensions and the
propriety of revocations, and shail apply to all license types, except that in the case of a violation
irnolving a liquor license § 40926 shail apply where a specffic violaiion is Visted. 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 § 331 A. The total fine amount for violations of § 331A may exceed the maximum f ne
outlined below due to multiple 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 ftnds and determines that there exist substantial and
compeliing 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.
Type of
Violation
(1) Violations of
conditions
placed on the
license
(2) Viofation of
provisions of
4he legislative
code relating to
the licensed
(3) Violation of
provisions of
the legislative
code relating to
the licensed
activity, other
than violations
of the food code
(4) Failure to
permit entrance
or inspection by
DSI inspector or
police
(5) Commission
of a crime other
than a felony on
the premises by
a licensee or
(6) Commission
of a felony on
the premises by
a licensee or
employee
(7) Death or
great bodily
harm in
establishment
retated to
violation of law
1st
$500.00 fine
$500.00 fine
$500.00 fine
5-day
suspension
$700.00
$2,000.00
30-day
suspension
$1,000.00 fine
$1,00O.00fine
$1,000.00 fine
10-day
suspension
$1,500.00
Revocation
60-day
suspension
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
15-day
suspension
5-day
suspension
n!a
Revocation
4th
Revocation
Revocation
Revocation
Revocation
Revocation
n/a
n/a
Chapter 310. - Uniform Licer � Procedures
orlicense
conditions
(8) Failure to
pay license fees
(9) Critical
violations under
331 A
Revocation
$250.00
(10) Non-critical I$150.00
violation under
331 A
$500.00
$250.00
(i) Fines payable witirout hearing.
$1,000.00, 5-day I Revocation
suspension
$500.00 �$1,000.00
Page 2 of 3
1 � � 8'�{
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 without a council hearing, unless the notice of
violation has indicated that a hearing is required because of circumstances which may
warrant deviation trom 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 violations.
B. 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 fine will be considered to be a waiver of the hearing to
which the licensee is entitled, and wili be considered an "appearance" for the purpose
of determining presumptive penalties for subsequent violations. A non-critical violation
under chapter 331A shall not 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
upward departure for the amount outlined above.
(ii) Multiple violations. At a licensee's first appearance before the city counal, the council shall
consider and act upon all the violations that have been alleged and/or incorporated in the
notices sent to the licensee under the adminisirative procedures act up to and including 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
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 attomey prior to the hearing
date before an administrative law judge (or before ihe council in an unconiested 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 "1 st Appearance." In all other cases, violations occurring
after the date of the formal notice of heanng shall be the subject of a separate proceeding and
dealt with as a"2nd Appearance" before the council. The same procedures shall apply 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 council shall impose the presumptive penaity 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-critical 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) Computa6on of time.
(1) If a licensee appears before the council for any violation in paragraph (m) where that
violation has occurred within twelve (12) calendar months after the first appearance of