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05-1014Council File # � � �0� Green Sheet # � Q � J RESOLUTION AINT PAUL, MINNESOTA � � PRESESTED BY REF'ERREn TO CObID'IITTEE: DATE i WHEREAS, adverse action was nutiated against the Malt off Sale; Gas Station; Retail 2 Food (C) Grocery 1001-3000 sq. ft. and Cigarette/Tobacco license applications submitted by s Montrose Grocery and Oil, Inc., d/b/a West 7`� Market (License ID#20050003176) for the 4 premises located at 675 - 7`" Street West in Saint Paul by Notice of Intent to Deny License s Applications dated October 7, 2005, alleging licensee failed to submit the required documents to s approve the license applications; and s WHEREAS, the licensee did not respond to the Notice of Intent to Deny License s Applications to contest the allegation or to submit required documents: and io i i WHEREAS, the Notice of Intent to Deny License Applications stated that if the licensee iz failed to respond ar submit required documents by October 17, 2005, that the matter would be is placed on the consent agenda to impose the recommended penalty, now, therefore, be it 14 is RESOLVED, that the Malt off Sale; Gas Station; Retail Food (C) Grocery 1001-3000 sq. is ft. and Cigarette/Tobacco license applications submitted by Montrose Grocery and Oil, Inc., d/b/a i�r West 7` Market are hereby denied. is 19 20 Requested by Department of: $Y: C� �: . / � r�,�L.— Form Approved by City Attorney os- lor�} � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet LP LicensrJtnspectimi/finviron prpt Contact Person & Phone• Rachel Gunderson 266-87'10 Must Be on Council Aaen Date Initiated: 19-0CT-05 � Assign Number For Routing Ordu Green Sheet NO: 3028515 0 icensellns ectio ovir n Pr 1 icense/Ins eclioo/Environ Pro De ar[men DireMOr 2 i ome 3 a or' O�ce Ma or/ istant 4 uncil 5 ' CI rk Ci Clerk ToWI # of Signature Pages _(Clip AII Locations for Signature) � Action Requested: Approval of the attached resolution to take adverse action against the Malt Off Sale; Gas Starion; Retail Food (C) Grovery 1001-3000 sq. ft and Cigazette/'Pobacco license applications submitted by Mon4ose Grocery and Oil, Inc., d/b/a West 7th Mazket (License ID #20050003176) for the premises located at 675-7th Street West in Saint Pavl. iaanons: Approve (A) or Rejed Ptanning Commission CIB Committee � Civil Service Commission Personal Must Questions: 1. Has this person/firm ever worked under a contract for this departrnenY?- Yes No 2. Has this persoNfirm ever been a city empbyee? Yes No 3. Does this persoNfirm possess a skill not normally passessed by any � current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating problem, fssues, Opportunity (Who, What, When, Where, Why): '" Licensee failed to subxnit the required documentation needed to approve the license applicarions. After notification, licensee failed to respondtothe Notice ofIntentto Deny License Applicauons. AdvanWpes If Approved: � License applicarion denial as recommended by rhe Office of LIEP. Disadvantages If Approved: None. ' Disadvantages If Nof Approved: License application approval agains the recommendation of the Office of LIEP. OCT 2 � 2005 MAYOR'S OFFICE Transaction: Fundinq Source: Financial Information: (F�cplain) CasURevenue Budgeted: Activily Number: Yo:9Fr??a�l? �!_c,nsrt-.'y �.�.:�a�Q � '. .. ��.. � :. T' . � �". OS - /o��- (� ; CI'I`Y OF SAINT PAUL n�,a c. �u�; z�a October 7, 2005 OFFICE � THE CPi'Y ATTORNEY MmureZJ. Cervmues, CityAttomey cmrDrv�ao„ aoo cm�a�r IS P'extKeAop,ABlvd SamtPau7, M'mnesota 55702 Telephane: 657 266-8710 Focsm�ile: 657 298-5619 NOTICE OF INTENT TO DENY LICENSE APPLICATION Owner/Manager West 7"' Market 675 - ?` Street West St Paul, MN 55102 RE: Malt Off Sale, Cras Station, Retail Food (C) Crrocery 1001-3000 sq. ft., and Cigarette/Tobacco license applications submitted by Montrose Grocery and Oil, Inc., d/b/a West'7"' Mazket for the premises located at 675 - 7'�' Street West in Saint Paul License ID # 20050003176 Dear Sir/Madam: The Office of License Inspections and Environmental Protection has recommended denial of the Malt Off Sale, Gas Station, Retail Food (C) Grocery 1001-3000 sq. ft, and Cigarett,e/Tobacco license applications submitted by Montrose Crrocery and Oil, Inc., dJbJa West 7 Mazket for the premises located at 675 - 7"' Street West in Saint Paul. The basis for the recommendation is as follows: On September 6, 2005, you received a letter from the Office of License, Inspections and Environmental Protec4ion stating that in order to approve your license applications the following docaments needed to be submitted: 1) a copy of yonr ezecnted (signed) rental lease and/or assignment as well as a letter of permission from the Iandlord. Or provide a copy of your eaecnted (sipned) Purchase A�rreement and/or Bill of Sale of the properEy; 2) a copy of the egecnted (signed) business purchase agreement; 3) a copy of your company's Articles of Incorporation as well as minutes of the first corporate meetin�; 4) a completed Zoning Summary/Review form; 5� a copy of the Certi�icate of Occupancy from the St. Paul Fire Marshall. Yon were �iven until September 9, 2005 to complete and submit all of the reqnests documents. As of today's date these documents have not been received. AA-ADA-EEO Employer West 7"' Mazket October 7, 2005 Page 2 . �- At tlus time you have three options on how to proceed: oS- /o� � �, 1. If you do not dispute the above facfs but wish to do business in the City of Saint Paut, you may submit the requested documents to tkie Office of License, Inspeciions and Environmental Protection at 8 Fourth Street Fast, Suite 200, St. Paul, Minnesota 55101- 1002 no later than Monday, October 17, 2005. Information shoutd be directed to the attention of Christine Rozek. 2. If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement a.dwitting the facts and requesting a public hearing. We will need to receive your letter by Monday, October 17, 2005. The matter will then be scheduled before the City Council for a public hearing to detenniue whether to deny your license applications. You will have an opporhiniry to appeaz before the Council and make a statement on your own behalf. 3. You may withdraw your license applications. Send a written statement to that effect to the Office of License, Tnspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minuesota 55101-1002 no later than Monday, October 19, 2005. Informarion should be directed to the attention of Christine Rozek. Any request for a refund of the license applicarion fee must also be made in writing to the Office of LIEP. Please let me know in writing no later than Monday, October 17, 2005, how you would like to proceed. If I have not heard from you by that date, I will assume that yon are not contesting the denial of your license applications. If you have any questions, feel free to call me ar have your attorney call me at 266-8710. Sincerely, , : �� cn�/1Nw � Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy D'uector of LIEP Alexander I3attar, 3430 List Place #1903, Minneapolis, MN 55416 AA-ADA-EEO Employer �; STATE OF MINNF_SOTA ) ) ss. COUNTY OF RAMSEY ) OS- /oi� � Ar'�'IDAVIT OF SERVICE BY U.S. MAIL MEGI�AN McGIVERN, being first duly swom, deposes and says that on October 7, 2005, she servedthe attached NOTICE OFINTENT TO DENYLICENSE APPL.ICATIONbyplacing true and correct copies thereof in envelopes addressed as follows: Owner/Manager West 7�' Mazket 675 - 7`� Street West St. Paul, MN 55102 Alexander Hattar 3430 List Place #1903 Minneapolis, MN 55416 (which are the last known addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. IL.,I. � �L�� _ ... MEGHAN McGIVERN Subscribed and sworn to before me this 7th day of October, 2005. JOANNE G. CLEMENTS PpTAFtY PUBLIC • MINt�ESOTA MY COMMISSION �CPtRES JAN.31, 20 t 0 ...,«.. � ,.�.�„