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10-722Council File # 10-722 Green Sheet # I f $� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Presented by RESOLUTION NNESOTA � WHEREAS, adverse action was taken against all licenses held by Taste of Thailand Restaurant, Inc. d/b/a Taste of Thailand Restaurant (License ID #0071341) for the premises located at 1671 Selby Avenue in Saint Paul by Notice of Intent to Suspend Licenses dated June 8, 2010, alleging licensee failed to pay the $625.00 matrix penalty imposed by City Council on Apri128, 2010 (CF #10-423) for the one (1) CRITICAL-Minor and two (2) CRITICAL-Major Environmental Health Code violations which were not corrected by the February 6, 2010 deadline; and WHEREAS, the licensee did not respond to the Notice of Intent to Suspend Licenses to pay the $625.00 matrix penalty or request a public hearing or administrative hearing; WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee did not pay the $625.00 matrix penalty or request a hearing by June 16, 2010, that the matter would be placed on the consent agenda to iznpose the recommended penalty; now, therefore, be it RESOLVED, that all licenses held by Taste of Thailand Restaurant, Inc. d/b/a Taste of Thailand Restaurant are hereby suspended for failure to pay the $625.00 matrix penalty imposed by City Council on April 28, 2010 (CF # 10-432). Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Bostrom Carter Harris Helgen �`°' � �"°y° �°"°"" i Requested by Deparhnent of: � ,�'� Q..v�' � �ins ✓ t�' ✓ �//�,� � `� g � 1 v[.al.�t.�t.- ✓ Stark ; i Thune � Form ved by City Attomey �' l/ � By: ' c. Adopted by Council: Date 7//ry ��Q/� Adoption Certified by Coun 1 Secretary Form Ap oved by May.or for Submi�sion to Council B Y� � B Y� �,�'�.�W'�r' Approved ayo}; Date '? �� '/ BY= r CITY O 10-72� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet I, DepartmenVOffce/Councii: Datelnitiated: � s , _°ePt.°fsafe�,�'^S ! o,���zo,o ', Green Sheet NO: 3115616 I Contact Person & Phone: ; �� Rachel Tiemev . 266-8710 � , Must Be on Counc' Agenda by (Oat . 14-JUL-10 ��A ��.� � i, Doa Type: RESOLUTION I '�, E-Document Required: Y , DocumentConWCt: �ulieKraus Contact Phone: 266-8776 y � 0 1 Assign i 2 Number ' 3 For I Routing ` 4 Order 5 Total # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolution to take adverse action against all licenses held by Taste of Thailand, Inc. d/b/a Taste of Thailand Restaurant (License ID#0071341) for the premises located at 1671 Selby Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee CiVil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has lhis person/firtn ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm 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 (Who, What, When, Where, Why): Licensee failed to pay the $625.00 matrix penalty imposed by City Council on Apri128, 2010 (CF #10-423) for one (1) Critical- Minor and two (2) Crirical-Major Environmental Hea7th Code violations which were not corrected by the February 6, 2010 deadline. After notification licensee did not respond to the Notice of Intent to Suspend Licenses. Advantages If Approved: License suspension. Disativantages If Approved: Disadvantages If Not AppTOVed: Total Amount of Transaction: Funding Source: Financia l Information: (Explain) CosURevenue Budgeted: Activity Number. July 1, 2010 10:04 AM Page 1 10-722 OFFICE OF THE CITY ATTORNEY Gerald T. Hendnckson, Crty Attomey SA[NT PAUL � Al1AA June 8, 2010 CITY OF SAINT PAUL CrvilDivision ChnstopherB. Coleman, Mayor 400 Cify Hal! 15 West Kellogg Blvd. Saint Pau( Mmnesota 55102 NOTICE OF INTENT TO SUSPEND LICENSES Lamphay Phetphrachanh, President Taste of Thailand Restaurant 1671 Selby Avenue St. Paul, MN 55104 Telephone: 651266-8710 Facs�mile: 651298-5679 RE: All licenses held by Taste of Thailand Restaurant, Inc. d/b/a Taste of Thailand Restaurant for the premises located a[ 1671 Selby Avenue in Saint Paul License ID #0071341 Dear Lamphay Phetphrachanh: The Department of Safety and Inspections (DSI) has recommended suspension of all licenses held by Taste of Thailand Restaurant, Inc, d/b/a Taste of Thailand Restaurant for the premises located at 1671 Selby Avenue in Saint Paul. The basis for this recommendation is as follows: On May 12, 2010, you were sent an IMPOSITION OF FINE letter from the Department of Safety and Inspections requesting payment of the $625.00 penalty imposed by City Council on Apri128, 2010 (CF #10-432). The penalty was imposed for one (1) Critical-Minor and two (2) Critical•Major Environmental Health Code violations which had not corrected by the February 6, 2010 deadline. You were given until May 28, 2010, to pay the $625.00 penalty. As of today's date, it has not been paid. At this time, you have three options on how to proceed: You can pay the $625.00 penalty. If this is your choice, you will need to send your payment to the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no laterthan Wednesday, June 16, 2010. Information should be directed to the atten[ion of Christine Rozek. A self- addressed envelope is enc]osed for your convenience. Payment of the $625.00 penalty will be considered a waiver of the hearing to which you aze 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 Wednesday, June 16, 2010. The matter will then be scheduled before the Ciry Council for a public hearing to determine whether to suspend your ]icenses. Yo� will have an opportunity to appear before the Council and make a statement on your own behalf. AA-ADA-EEO Employer 10-722 Taste of Thailand Restaurant June 8, 2010 Page 2 If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City wil] be ab]e to appear and present wimesses, evidence and cross-examine each other's wifiesses. The St. Paul City Counci] will ultimately decide the case. If this is your choice, please advise me no later than Wednesday, June 16, 201Q and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the suspension of your licenses. In that case, the matter wiil 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, � �ac,�, ^C.�� 6 �-�- Rachel Tiemey Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Lamphay Phetphrachanh, 718 Elizabeth Lane, Minneapolis, MN 55411 Roger Bromander, Exec. Director, Union Pazk Distrlct Council, ] 570 Concordia Avenue, Suite LL100, Saint Paul, MN 55104 AA-ADA-EEO Emnlover STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL 10-722 Julie Kraus, being first duly sworn, deposes and says that on the �1�� day of June, she served the attached NOTICE OF INTENT TO SUSPEND LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Lamphay Phetphrachanh, President Taste of Thai]and Restaurant 1671 Selby Avenue St. Paul, MN 55104 Lamphay Phetphrachanh 718 Elizabeth Lane Minneapolis, MN 55411 Roger Bromander, Exec. Director Union Park District Council 1570 Concordia Avenue, Suite LL100 Saint Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. J � Kraus Subscribed and sworn to before me this .�day of June, 2010 �� �- � N tary Public RITA M. BOSSARD NOiARY PUBLIC • 1�INNESOTA MY COMMiSS10N D(PIRESJAN.31,2015