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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