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10-69Council File # //�-1t7 � _ Green Sheet # � �� � � RESOLUTION CITY OF Presented by MINNESOTA l� 1 WHEREAS, adverse action was taken against the Vehicle Immobilization Service license held by 2 JK Clamping, LLC d/b/a JK Clamping, LLC (License ID#20060002556) for the City of Saint Paul by 3 Notice of Intent to Suspend License dated December 2, 2009, alleging licensee failed to pay delinquent 4 license and late fees of $517.00 and submit requested information and documents listed on the bottom of 5 the renewal invoice; and 6 7 WHEREAS, per Saint Paul L,egislative Code §310.05 (m) (2), the licensing office also 8 recommended a$500.00 matrix penalty for failure to submit required documents to maintain the license; 9 and 10 11 WFiEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the 12 delinquent license and late fees, the $500.00 matrix per�alty and submit the requested information and 13 14 15 16 17 18 19 20 21 22 23 documents; and WHEREAS, the Notice of Tntent to Suspend License stated that if the licensee failed to pay the delinquent license and late fees, the $500.00 matrix penalty and submit the required information and documents by December 14, 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Vehicle Immobilization Service license held by JK Clamping, LLC d/b/a JK Clamping, LLC is hereby suspended and the licensee is ordered to pay a matrix penalty of $500.00 for failure to submit required information and documents. Payment of such penalty shall be made withan thirty days of the date of the adoption of this resolution. Bostrom Carter Stark Thune Adopted by Council: Date Adoption Cert�iF by Coun il Secretary BY / /' //Oi/iA///IC`//l[_�/J Appro ed y a r: Date Z y7 7iD/D By: �-�—Gl� Reque ted by Depaztment of: � � �1� BY: /'Y ��v Form Appiov�,d by City Attoin�e, By: % / � 1 � Porm Ap r ed y r for u� rissio � to Council By: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet (D�CP� , Departmentl0fficetCouncit: ; Datelnitiated: � Green Sheet NO� 3094956 � S � _ Dept. of Safety & InspeCtions j 11 JAN 2010 i • iContact Person & Phone: � ' �`°°� °°`°` °`••` • � � `•'�•• , Virpinia D. Palmer o Dept. ofSaf¢ty & Ibspection5 266$710 i I 7 �ept. of Safetv & Inspections Deparimeot Dicutor � Assign I p{,yty Attorney .I �tv Attornev � Must Be on CouncB Agenda by (D e): '�, Number � i---- '� 20-JAN- �� ��,� Y �..� � For 3 Mayor'sOffice i: Mavor/Assistant , Routing �, 4 SCwncil i � Doc. Type: RESOLUTION � Order I 5 Giiv C9erk r1 City Cle�k ' '� E-Document Required: Y , Document Contact: �ulie Kraus , Contact Phone: 266-8776 �� � Totai # of Signature Pages _(Clip All Locations for Signature) Appzoval of the attached resolurion to take adverse action against the Vehicle Immobilizadon Service license held by J K Clamping, LLC d/bfa J K Clamping, LLC (License ID#KL0060002556) for the Ciry of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civii Service Commission Personal Service Contracts Must Answer the Foilowing Questions: 1. Has this person(firm ever worked under a conhaci for this depadment? Yes No 2. Has this personlfirm ever 6een a city employee� Yes No 3. Does this person/firm possess a skill not normally possessetl by any curtent city employee? Yes No Facplain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportuoity (Who, What, When, Where, Why): Licensee failed to pay delinyuent license and late fees of $517.00 and submit requested information and documents listed at the bottom of the renewai invoice. After notificarion, 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: Disadvantages If Plot Approved: ToYal Amount of Transaction: Funding Source: Financial Information: (Explainj CosURevenue Budgeted: Activity Number: January 11, 2010 10:49 AM Page 1 OFFICE OF THE CITY ATTORNEY John J. Choi, Gi7yAttomey jd'��I $A�Ni PAUL C1TY OF SAINT PAUL c��no��s�o� � ChnstopherB. Coleman, Mayor 400 Ciry Nall Telephone: 657 266-8770 75West KelloggBlvd. Facsimi(e: 651298-5679 AAAA Saint Paul, Minnesota 55702 December 2, 2009 NOTICE OF INTENT TO SUSPEND LICENSE John Kamatz J K Clamping, LLC 15376 Martin Street, NW Andover, MN 55304 RE: Vehicle Immobilization Service license held by J K Clamping, LLC d/b!a J K Clamping, LLC for the City of Saint Paul LicenseID #20060002556 Deaz Mr. Kaznatz: The Department of Safety and Inspections (DSn has recommended suspension of the Vehicle Immobilization Service license held by J K Clamping, LLC d16/a J K Clamping, LLC for the City of Saint Paul. The basis for the recommendation is as follows: On October 13, 2009, you were sent a letter and RENEWAL INVOICE from the Department of Safety and Inspections (DSI) stating that your Vehicle Immobilization Service license had expired as of July 14, 2009. You now owe $517.00 in delinquent ►icense and late fees. You were also asked to submit copies of the documents listed on the bottom of the renewal invoice. You were given until November 3, 2Q04, to pay the delinquent license and late fees and submit the required information. As of today's date, the delinquent license and late fees have not been paid and the required documents have not been submitted. In addition to the suspension of your license, per 5aint Paul Legislative Code §310.05 (m) (2), the licensing office will also zecommend a$500.00 matrix penalty for failure to submit required documents in order to maintain your license. At this time, you have three opdons on how to proceed: You can pay the delinquent license and late fees, the $500.00 matrix penalty and submit the required information. If this is your choice, you should send the payments and information direcdy to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, December 14, 2009. Informafion should be directed to the attenrion of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and late fees, matrix penalty, and submission of the required informarion will be considered to be a waiver of the hearing to which you are entitled. J K Clamping, LLC December 2, 2009 Page 2 ��-(��l 2. ff you wish to admit the facts but contest the penalty, you may have a public hearing 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 Monday, December 14, 2009. The matter will then be scheduled before the Ciry Council for a public hearing to deternune whether to suspend your license and impose the $500.00 matrix penalry. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you no longei 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 Monday, December 14, 20U9. Infomiation should be directed to the attention of Christine Rozek. If you have not contacted me by that date, I witl assume that you do not contest the suspension of your license and imposition of the $500.00 matrix penalty. In that case, the matter w71 be placed on the City Council Consent Agenda for approval 01' the recommended penalty. If you have questions about these op6ons, please feel free to contact me at 266-8710. Sincerely, �( �Y �� � ' �a✓�v °�u � l �Y�- Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI STATE OF MINNESOT "'• � ss. COUNTY OF RAMSEY ) (D���1 Julie Kraus, being first duly sworn, deposes and says that on the � 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: John Karnatz J K Clamping, LLC 15376 Martin Street, NW Andover, MN 55304 (which is the last known address of said person) depositing the same, with postage prepaid, in the United 5tates mail at St. Paul, Minnesota. � Julie aus Subscribed and sworn to before me thisp�day of December, 2009 �, � - � No ary Public AFFIDAVIT OF S� dICE BY U.S. MAIL RITA M. BOSSAR� NOTARY PUBLIC • MINNESOTA MV COMMISSION EXPIRES JAN. 37 , 2 0 1 0� Chapter 310. Uniform Licen `rocedures Page 1 of 3 (D�(��1 (m) P�esumptive penalties for certain 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 license types, except that in the case of a violation involving a liquor ficense § 409.26 sha11 appiy where a specific viofation 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 fi�e amount for violations of § 331A may exceed the maximum fine outlined below due to multiple vfolations in one (1) appearance. All pena{ty recommendations for chapter 331A viofations shafi 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 determis�es that there exist substantial and compeNing reasons making it more appropriate to do so. When deviating from these standards, the council shalf provide written reasons that specify why the penalty selected was more appropriate. TABLE INSET: Type of Violation Appearance 1st 2nd 3rd 4th (1) Violations of conditions $500.00 fine $1,000.00 $2,000.00 fine Revocation piaced on the license fine and 10-day suspension (2) Violation of provisions of $2,000.00 fine the legislative code relati�g �500.00 fine $1,000.00 and 10-day Revocation to the licensed activity fine sus ension p (3) Violation 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 15-day Revocation entrance or inspection by suspension suspension suspension DSl inspector or police (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) Gommission 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 estabiishment suspension suspension Revocation n/a related to violation of law or license conditions (8) Failure to pay license Revocation fees (9) Critical violations under $1,0OO.OD, 5- Revocation 331A $250.00 $500.00 day suspension (10) Non-critical violation under 331A $150.00 $250.00 $500.00 $1,OD0.00 (i) Fines payable without hearing , l.rh.�/ll:L.r.,,�.,1,,.,,....,.,.Ao........,/nn'J'�m,.,.��:..._.nnnciiiroiom.nrn_�n._ �.....� Chapter 310. Uniform Licen: rocedures Page 2 of 3 (p�l��l A. Notwithstanding the provisions of section 310.05(c), a ficensee who woufd be making a first or second appearance before the council may elect to pay the fine to the Department of Safety and {nspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payme�t 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 regardfess of how many prior appearances that licensee has made before the Counc+l. The above council hearing requirement applies to violations under Chapter 331A uniess 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 w+ll be considered an "appearance" for the purpose of determining presumptive penaities for subsequent viofations. A non-critical violation under chapter 331A shal! 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 fnspections recommends a fine that is an upward departure for the amount outlined above. (ii} Multiple vio/ations. At a lice�see's first appearance before the city council, the council shall consider and act upon all the violations that have been aAeged andlor 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 penalty for each such violation under the "1st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for depaRure from such penalties in the councii'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 a� 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 hearing shaif be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shail apply to a second, third or fourth appearance before the council. (iv) Subsequent appearances. Upon a second, third or fourth appearance before the councif by a particular licensee, the council shali impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular viofation or viofations 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) Computation of time. (1) If a licensee appears before the council for any violation in paragraph (m) where tha't violation has occurred within hvefve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above or section 409.26, the current appearance shafl be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a licensee has appeared before the counc+l on two (2) previous occasions Chapter 310. Uniform Licen: 'rocedures Page 3 of 3 (O�Ce� for vioiations fisted 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 of determining presumptive penalty. (3) If a licensee has appeared before the councii on three (3) previous occasions, each for violations listed 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 shafl 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 shaii 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 daCe 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 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 bodily 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; C.F. No. 94-898, §§ 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. �5-180, § 1, 4-6-05; C.F. No. 06-954, § 1, 11-8-06; C.F. No. 06-1672, § 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. OS-120&, § 1, 12-17-08) }ittnJl�ihrarvl mnnirnfla rnmfdd'7'�/TlnrV:>.nitllfl/.1/1/17Ql17C101,:7:��.-'21f� (lc. i i »ninnnn