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96-424� E"; ` � �`,'. �? �'t . .. .. .. �..� CITY Presented By _ Referred To Council File # 9 G- y a y Green Sheet # J.��_q RESOLUTION , QIPIT PAUL, MINNESOTA `' ' j� � � T � i / i Committee: Dat,� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, PLAB, Inc., DBA Ted's Rec., 1084 Larpenteur following licenses at that location: Liquor on Sa1e, Sunday On Sale Malt, Restaurant B and Gambling Loa C, and; / WHEREAS, renewal fees for said licenses were due on iue W., holds the Class B., Off Sa1e 31, 1996; and; WHEREAS, the sworn affidavit of Christine Rozek, cense manager for LIEP, states that renewal license fees of $3,321 were pa3d by check dat d 1/31/96, but said check has been returned for non-sufficient funds after being twice presen d to the bank, and; WHEREAS, by Resolurion dated December 27 1995 the Saint Pau1 Ci adopted conditions to be placed on the license, incl ing the condition that a11 fees be paid within fifteen (15) days of coming d, and; WHEREAS, it was a fiu�ther condifion the license that any adverse� commenced by sworn affidavit of the license nspector and would proceed hearing before City Council; � �, �' \ ��9 .. \'� \ � would be � 2 3 4 5 6 7 8 9 q �-y ay NOW TF3EREFORE BE IT RESOLVED, that the licenses held by PLAB, Inc., DBA Ted's Rec., 1084 Larpenteur Avenue, to wit: Liquor on Sale, Sunday On Sale, Entertai�ent Class B., Off Sale Malt, Restaurant B and Gambling Loa C, be and hereby are indefinitely suspended effective and will not be reinstated until such time as the City of Saint Paul has received payment in full of 1996 renewal license fees and charges, including reimbursement for all collection fees paid by LIEP in connection with attempts t� collect the past due license fees, and has given PLAB, Inc. notice in writing of terminatiqn of the suspended status. � �� a� �� . \�� .,�� £�� E�; € e= � .,,.�i\��,_1r� 4�"';! Requested by Department of: By� \�t,A� ✓ � �� Adopted by Counci Adoption Certif e� By: Approved Mayor By: � Form Approved by City Attorney . Date by Council Secretary g �, : � � ��. Date Approved by Mayor for Submission to Council By: q �-4 �.� DEPART C011IIC11 UNpI Dp4/17/96 �REEN SHEE �° 3 5 6 4� � Cp ACfPEF90N8PNONE INRIAVOATE INRIAWATE � DEPAR7MENT DIRECTOR � CITY CAUNCIL Nanc Anderson N ��R �CITYATTORNEY �CfTYCLERK MUST BE ON COUNCIL AGENDA 6Y (DAT� pp�� BUDGEf DIflECTOR � FlN. & MGL SEFVICES Difl. A xil 24, 1996 - Public Hearing °"DEfl OMAVOR(ORASSI5fANT) � 70TA1 # OF SIGNATURE PAGES (CUP All. LOCA770NS FOR SIGNATUR� ACT70N REQUESTED: Adverse action against licenses held by P.L.A.B,., Inc., dba Ted's Recreation, 1084 Larpenteur Avenue West RECOMMENDATIONS: Apprme (A) or Rejaq (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING QUESTIONS: _ PLANNING CqMMISSION _ GVIL SERVICE COMMISSION 1. Has tt�is parsoMfirm ever worked untler a conVact for this tlepartrnent? - _ C18 COMMrt7EE YES NO _ S7AFF 2. Has this person/firm ever been a city employee7 — YES NO _ o1SinIC7 COUHT _ 3. Does this persoNfirtn possess a skill not normally possessed by any curcent ciry employee? SUPPORTS W4iICH COUNGL OBJECT7VE� YES NO Esplain all yes answers on seperate sheet antl atteeh to green sheet INITIATING PAOBLEM, ISSUE, OPPORNNIN (Who. What. Whan. Where. Why): ADVANTA6ES IFAPPROVED: DISADVANTAGES IF APPROVE�: DISADVANTAGES iF NOT APPAOVED: TOTAL AMOUNT OF THANSACTION $ COST/FiEVENUE BUDGE7ED (CIRCI.E ONE) YES NO FUNDIFIG SOURCE AC7IVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Trmothy E. Marx, Ciry A1lorxey °��-y �y CITY OF SAINT PAUL Norm Co7eman, Mayor April 9, 1996 Civil Divisian a00 Ciry Hall IS West Kellogg Blvd Saint Pou1, Minnesom 55702 NOTICE OF COUNCIL HEARING Arnold J. Kampa Ted's Recreation 1084 Larpenteur Avenue West Saint Paul, Minnesota 55113 Re: Licenses of P.L.A.B. Inc. d/b/a Ted's Recreation Non-payment of 1996 License Fees License ID No. 16396 Dear Mr. Kampa: Telephone: 612 266-8i/0 Facsimile: 612198-5679 Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:00 p.m., April 24, 1996 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the documents which will be presented to the St. Paul City Council for their consideration. Pursuant to the August 31, 1995, Agreement bet the license office, non-payment of 1996 license a violation for which the license office may pr hearing before the Saint Paul City Council on the penalty to be imposed. You will have an Council hearing to present oral and/or written penalty, if any, to be imposed. reen PLAB, Inc. and fees is considered �ceed directly to a issues relating to opportunity at the remarks as to what The recommendation of the license office is the indefinite suspension of all licenses issued to PLAB, Inc. until such time as all 1996 license fees have been paid in full, including reimbursement for all collection fees paid by LIEP related to the collection of all past due license fees. If you have any questions, you may call me at 266-8710. Sincerely, Q.�,.�.� k M � Philip K. Miller Assistant City Attorney �I��y cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP, 300 Lowxy Gary Pechmann, Deputy Director, LIEP, 300 Lowry Dennis O'Rourke, Chair, Dist. 10 Como Community Council, 1371 Midway Parkway, St. Paul, MN 55108 Julie Hoff, Community Organizer, Dist. 10 Como Community Council, 1556 Como Ave., St. Paul, MN 55108 Elin Skinner, Exec. Director, Midway Chamber of Commerce, 1600 University Ave., Suite #4, St. Paul, MN 55104 Page 2 q �-y �y UNC�NTESTED LICENSE HEARING Licensee Name: P.L.A.B., fnc. dibia Ted's Recreation Address: 1084 Larpenteur Avenue West Council Hearing Date: April 24, 1996 Violation: Failure to Pay 1996 License Fees St. Paul Legislative Code § 3'10.06, § 310.09, Paragraph 2 of August 31, 1995 Payment Agreement Date: Place: 1996 License Fees Licensed Premises Recommendation of Assistant City Attorney on befialf of client, Office of License, Inspections and Environmental Protection: Indefinite suspension of licenses until all past due license fees are paid in full, including reimbursement of all collection fees paid by LIEP which are associated with collection of the past due ticense fees. Attachments: 1. Proposed resolution 2. License information 3. Affidavit of Christine Rozek 4. August 31, 1995 Payment Agreement 5. Council File 95-1525 I,ic ID ................... STAT ..................... Business Name._........_. Doing Business As...,.... Address .................. Zip ...................... Exp Date ................. License Name ............. NOTE AREA ................ �►�-yay 1/6/92 082587 PH ON APP23 FOR GAMBLING LOCATIOI3 LIC APPROV ED C.F. 87-1237 010689 RESOLUTION TO CHANGE CORP. NAME - FROM KAMP A, ARNOLD J. TO P.L.A.B., INC. - SIGNED BY MR. CAR 16396 SU P L A B INC TED'S RECREATION 1084 LARPENTEUR AVE W 55113 O1/31/97 RESTAURANT (B)-MORE THAN 12 SEATS OFF SALS MIaLT ENTERTAINMENT-CLASS B SUNDAY ON SALE LIQUOR LIQ-ON SALE-100SEATSfLESS-C INSP CHANGE FROM 02 TO O1 ON 3/20/92 INSPECTOR CHAY3GE FROM BARB TO MIKE - 11489 63 SEATS 5-5-87 . CHEDI Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 960� E71 ° LOG CL,OSED ° PRINT OFF ° 2/23/95 - LICENSE PAYMENT RETURNED "NSF'� - T�AR 3/1OJ95 - LICENSE PAYMENT RECEIVED - T�AR 3/2S/95 - 2ND LICENSE PAYMENT RETTJRNED "NSF" - T�AR 9/6/95 LETTER SENT TO ARNOLD KAMPA OUTLINING THE TERMS OF PAYMENT AGREEMENT. PAYMENTS DUE 9/20/95; 10/20/95; 11/20/95; & 12/20/95. SEE COPY OF LETTER IN LIQUOR FILE--LAP-LIC 9/25/95 $800 PAYMENT RECEIVED(POSTMKD 9/20)-LAP- 10/24/95 $800 PAYMENT RECEIVED AND ENTERED-LAP 11/20/95 -$800 10/24 PAYMENT RETURNED - T,AR 12/27/95 PAID BAD CASCKS IN FULL, WITH MONEY ORDER AND CASH ($2,632.00) - T�AR 2/28/96 C.F. #96-202 APPD SUSPENDING ALL LICENSES FOR DELINQUENT TAXES OWED TO THE STATE OF MN.-LAP 3/6/96 TAX CLEAR.ANCE CERTIFICATE RECEIVED--LAP-LIC 3/12/96 STATUS CHANGED FROM "SU"SPENDED TO ACTIVE PER C.ROZEK DUE TO THE RECEIPT OF THE TAX CLEARP.NCE CERTIFICATE--LAP-LIC 3f15/96 - CHECK FOR LICENSE FEES RETUR.I3ED NSF-- Bond Policy Number....... Bond Company ............. Band Effective Date...... Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Bond Expiration Date..... Insurance Carrier........ TRANSCONTINENTAL Ins. Policy Number....... LLP142608014 Insurance Effective Date. O1/31/96 Ins. Expiration Date..... O1/31/97 Associated Stock Holder.. ARNOLD J KAMPA . KATHERINE KAMPA Dealer No ................ Tax Id ................... 4547654 Worker Comp Exp Date..... O1/31/95 Telephone ................ 488-5773 Press 'C' to continue, 'P' to print, or 'R' to redisplay... �`-yay A1t-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° q �- y �-y STATE OF MINNESOTA ) ) ss COUN`PY OF RAMSEY ) 1) AFFIDAVIT OF NON-PAYMENT OF LICENSE FEES CHRISTINE A. ROZEK, being first duly sworn, deposes and says: That she is the License Manager for the Department of License, Inspections and Environmental Protection (LIEPJ. 2) That she has reviewed the files concerning licenses held by P.L.A.B., Inc., d/b/a Ted's Rec. (Lic. ID # 16396) at 1084 Larpenteur Avenue West, Saint Paul, Minnesota, and is aware that by Resolution adopted December 27, 1995 (Council File #95-1525) certain conditions were placed on said licenses. 3) That one of the conditions placed on the license was that payment of all 1996 license fees shall be paid within 15 days of becoming due. 4) That the renewal license fee of Three Thousand Three Hundred and Twenty-One Dollars ($3,321) which was due on January 31, 1996 was paid by a check which has been returned for non- sufficient funds after being twice presented for payment. 5) That having failed to pay renewal license fees in a timely manner, P.L.A.B., Inc. is in violation of the conditions placed on his license. 6) That an additional condition placed on the license was that the licensee waived his right to an independent hearing examiner and agreed to proceed to a hearing before the City Council to determine the appropriate penalty to be imposed for said violation. 7) That LIEP recommends that adverse action be taken against the licenses held by P.L.A.B., Inc., d/b/a Ted's Rec. in the form of an indefinite suspension pending payment in full of all past due license fees and charges, including reimbursement of all collection fees paid by LIEP in connection with attempts to collect the past due license fees. FURTHER YOUR AFFIANT SAYETH NOT Dated: .3�,,� � �7(0 Subscrib d and sworn to before me this � day of March, 1996. �� a�� c,u� !�//�Z�iO(� __�� /y -� Christine A. Rozek �� JANET L LEVASSEUR �� NOTARYPUBUPMINNESOTA HAMSEYCAUNTY My Commission Expires Jan. 37, 2000 ~v,^^ �Vl�1�V VW k � OFF7CE OF LI[E�" - L'�SPF�O.`:S A.�D ET.'YIROT.TSFJ�'T. 07E.CT70N Robnr �ulcr, Dirrcwr CTTY OP SAINT PAUL A'ornt Coleman, Mayot IA11P.Y PROFESSIOI✓.L BUIIDING Sufm 3Q� 350 Sk Pner SYreet SGN PG�J, ICinne503R 55702•ISIO q�-yay TrkphoK: 612-2669�517 Fauimik: 673-266A�99 6T 2-266911! Tt�e O�cs of License, L^spe..^tions, a�d Environmental ProteMion ("LIEP") as,d P.L.A.B., Ina, d!b!a Ted's Re:re2tion, locat� zt 1084 Larpenroer Avenue West, Saint Paul ("Licensee") hereby rezch the follox�in� agreement 2s settlement to L3e proposed adverse action brought agaiast tl�e licenses he�d by the Licersee: Agreement Wbereu, tbe Licensee bzs ;zil� to m2}:e pa}�ment of the 1995 license fees due on or before Januzry 31, 1995; znd ' Wherezs, LIEP v.•as prep2red to initiate adverse action against the licerues held by the Licensee for failvre to pay che amonnt due and owing, S3,417.00 Now, therefore, rhe above-na�� parcies do a;ree to the following: LIEP agrees to halt tha adverse action 2�aiast the ]icenses of the Licensee. Tt�e Licensee bereby a;rees: That full payment of tbe 1995 Jicense fees and penalties, totaling S3,417.00, shall be made on or before December 20, 1995; paymenu aze to be made zs follows: ?.A40LT.\'T :t� �� :�� i� :ii �� . � �� DUE ON OR BEFORE September 20, 1995 October 20, 1995 November 20, 1995 December 20, 1995 2. Payment of all 19961icense fe�s shall be paid within fifteen (i� days of becoming due as specified by LIEP. 3. Failure to comply with the conditions set out above, will be deemed a violation of the licenses held by tl,e Licensee, zuthorizing adverse action to be ta}:en zgainst the licenses of P.L.A.B., Inc. In the event a violation of the above occurs, zs evidenced by a sworn affidavit of the ]icense inspector, the Licensee hereby waves t5e right to a he2ring before an independent ��-yay hearing examiner on the issve of nonpa��ment of license fees. Fvrther, licensee hereby zgrees to authorize LIEP to proceed d'uecdy to a hearing before the City Council of the City of Saint Paul on issues relzting to the penzlty to be impos>d for a violation of the preceding conditions, at which rime LIEP will recommend be imposed as a penalty. Dated this �( day o� �ii /'/', 1945. ✓ C �r'�.r.�.��„�,� � � 3 C� _ �5 ' �/ i / 5 Chrisane Rozek, managager for License, Inspection and Env'uonment2l Protection q�-ya�f STATE OF MINNESOTA ) COUNTY OF R,qMSEY ) ss. CITY OF ST. PAUL ) I, Frances Swanson, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council Fi4e No. 95-1525 as adopted by the City Council on December 27, 1995, and approved by the Mayor on January 10, 1996 with the original thereof on file in my o�ce. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota this 8th day ofApril 1996. y%G2 n cco �� oc�-i DEPUTY CITY CLERK �. �, T' 1 t/ r __ � : L: . � `, ��'_ : _ Presented By Ref_rred To Council File # 1� ,��s Green Sheet # J�/ �,S RESOLUTION SAINT PAUL, MINNESOTA q`-yaY 5� I 2 RESOLVED, that the licenses of P.L.A.B., Inc., d/b/a Ted's Rec. (Lic. ID No. 16396) 3 located at 1084 Lupenteur Avenue West in Saint Paul aze hereby indefinitely suspended 4 pending payment in full of all past due license fees and charges, including reimbursement of 5 all collection fees paid by LIEP in connection with attempts to col]ect the past due licnese 6 fees. This action is taken as an uncontested adverse action as stipulated to by the August 31, 7 199� Agreement between the Licensee and LIEP. 8 ��Ji�.✓uiJ_ac� / 9. / �f �iG , - �/ f' C�� 9 Said suspension is to take effect "*�, r r ,� `signature of this 10 resolution pursuant to Chapter 6 of the Saint Paul City Charter. 11 12 This resolution and the ar.tion of the Council in this matter aze based upon the facts 13 contained in the August 31, 1995 Agreement between the Licensee, the December 4th, 1995 14 Affidavit of Christine Rozek, LIEP Mana?er, which are attached and incoporated herein by 15 reference, and such azguments as may have been presented to the Council at the public 16 hearing. The facts were not contested by the licensee. 17 18 Requested by Department of: ' ,� �% I+� .�1 � By: _: Secretary Approved �7 A Date � ��'�� $ � 11 � J �l.!�.(.U�- � J Form Approved by City Attorney � By: �.�G�G'7 �. I�G,C�'�.._ � -- Approved by Mayor for Submission to Council By: Adopted by C�cil: �at� ��7 /�� // Presented By �2eferred To 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 IS 16 17 18 Council File „ ��g�� Greea Sheet n _ 33�+�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA q(�—y�,� Committee: Date RESOLVED, that the licenses of P.L.A.B., Inc., d/b/a Ted's Rec. (Lic. ID No. 1639fi) located at 1084 Larpenteur Avenue �t�est in Saint Paul are hereby indefin:tely suspended pending payment in full of all past due license fees and charges, includine reimbursement of all collection fees paid by LIEP in connection with attempts to collect the past due licnese fees. This action is tal:en as an uncontested adverse action as stipulated to by the August 31, 1995 Agreement between the Licensee and LIEP. Said suspension is to tal:e effect immediately upon passa�e and signature of this resolution pursuant to Chapter 6 of the Saint Paul City Charter. This resolution and the action of the Counci] in this matter are based upon the facts contained in the August 31, 1995 Agreement beri�een the Licensee, the December 4th, 1995 Affidavit of Christine Rozek, LIEP Manaeer, which are anached and incoporated hereir by reference, and such azguments as may have been presented to the Council at the public hearin�. The facts were not contested by the licensee. Requested by Department o£: B Y: _��' `v /1�.e�C/� �-.-- Adoption Cert:°ied by Council Secretary By: Approved by Mayor: Date Form Approved by City Attorney B ��G. �� / Approved by N,ayor for Submission to Council By: BY� Adopted by Council: Date ,� �s�:�'/�-.� Lic ZD ................... 16396 STAT..................... AC Business Name......,..... P L A B INC Doing Business As........ TED'S RECREATION Address .................. 1084 LARPENTEUR AVE W Zip ...................... 55113 Exp Date ................. O1/31/96 License Name ............. GAMBLING LOCATION (CLASS C) . RESTAURANT (B)-MORE THAN 12 SEATS . OFF SALE MALT . �NTERTAIATNENT-CLASS B . SUNDAY 023 SALE LIQUOR . LIQ-ON SALE-100SEATS/LESS-C NOTE AREA ................ INSP CHANGE FROM 02 TO O1 ON 3/20/92 . INSPECTOR CFiANGE FROM BARB TO MIKE - . 11489 63 SFATS 5-5-87 ��-y�`I 1/6/92 . 082587 PH ON AFPN FOR GAMBLING LOCATION LIC APPROV . 3D C.r^. 87-1237 . Q10689 RESOLUTION TO CHAI3GE CORP. NAME - FROM KAMP . A, ARNOLD J. TO P.L.A.B., INC. - SIGNED BY MR. CAR Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° rDX ° 5600 E71 ° LOG CLOSED ° PRINT OFF ° 3ond Policy Number....... 3ond Company ............. 3ond Effective Date....., 3ond Expiration Date..... Insurance Carrier........ Ins. Policy Number....... �nsurance Effective Date. Sns. Expiration Date..... �ssociated Stock Holder.. CHEDI 2/23/95 - LICENSE PAYMENT RETi7RNED "NSF" - I,AB 3/10/95 - LICENSE PAYMENT RECEIVED - T�AR 3/28/95 - 2ND LICENSE PAYMENT RETURNED ��NSF" - LP.B 9/6/95 LETTER SENT TO ARNOLD KAMPA OUTLINING THE TERMS OF PAYMENT AGREEMENT. PAYMENTS DUE 9/20/95; 10/20/95; 11J20/95; & 12/20/95. SEE COPY OF LETTER IN LIQUOR FILE--LAP-LIC 9J25/95 $800 PAYMENT RECEIVED(POSTMKD 9/20)-LAP- 10/24/95 $800 PAYMENT RECEIVED ANA ENTERED-LAP TRANSCOI3TINENTAL LLP133371260 04/13J95 O1/31/96 ARNOLD J KAMPA i�ATHERINE �PA �ealer No ................ iax Id ................... 4547654 ?ress <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � Comp E�cp Date..... O1/31/95 ielephone ................ �88-5773 ?=ess 'C' to continue, 'P' to print, or 'R' to redisplay... FOR THE COUI�'CIL OF THE CITY OF SAINT PAUL In Re the Licenses of P.L.A.B., d/b/a Ted's Recreation IOS4 Larpenteur Avenue �T��est, Saint Paui State of Minnesota County of Ramsey ) ) ss. ) �� i � °��-yay Affidavif of Christine Rozek Christine Rozek, being first duly sworn upon oath deposes and says: 1. That she is emplo}�ed by the Cin� of Saint Paul as a manager in the Office of License, Inspections and Environmental Protection (LIEP). 2. That on August 31, 1995 your affiant entered into an agreement with Mr. Arnold J. Kempa, as representative of P.L.A.B., d/b/a Ted's Recreation (hereafter "Licensee"). (See Attachment A.) As of that date the Licensee had not yet made payment on 1995 license fees which were due and owing on January 31, 1995. $3,417.00. The total amount due and owing was 3. T'hat non-payment of license fees is grounds for adverse action against the licenses held by the Licensee under the Saint Paul L,egislative Code § 310.06 and § 310.09 and paragraph 3. of the August 31, 1995 agreement. 4. That the agreement, signed by your affiant and the Licensee, called for LIEP to halt the adverse action against the licenses held by the Licensee. In return, the Licensee agreed to make monthly payments of $800.00 on or before the 20th of each month, towards the amount due and owing, v,�ith a$1 payment on or before December 20, 1995. �'� qG-y�`I 5. That the Licensee has not made payment toward neither the October payment, nor the November papment. Specifically, on October 24, 199�, LIEP received a check in the amount of $$00.00 from the Licensee. �Vhen presented for payment, however, the check (x9028; see attachment B) was returned for insu�cient funds. This check was in fact presented again, with the same result. No payment, in the form of a check or otherw�ise, has been presented for the amount due November 20, 1495. 6. That as of December l, 1995, the Licensee has made no further attempts to make payments towazds the amounts due and o�ring, nor contact LIEP re�azding this matter. 7. That pursuant to the August 31, 1995 agreement, failure to make pa}'ments as set forth in the agreement shall be deemed a violation of the licenses held by the Licensee, authorizing adverse action against the licenses of P.L.A.B., Inc. Addirionally, pursuant to the August 31, 1995 agreement, Licensee agreed to waive the right to a hearing before an independent heazing examiner on the issue of nonpayment of license fees and proceed directly to a hearin� before the Saint Paul City Council for determination of the penalty. 8. That your affiant and LIEP have at all times relative to this matter acted in good faith while seeking payment from the Licensee. 9. That this affidavit is made in support of LIEP's adverse action against the licenses held by the Licensee. Further your �ant sayeth not. ��.� � � Christine Rozek, Manager T this �a �L `/ / PETEA P. PAPIGBORN DiAR1' PUBUC-MINNESOTA � COrtnl E7mtras Jan. 31. 2pJ me iD-� I (��1� CZTY OF SAIIQT PAUL Narm Colcmcn, Maycr That fuil payment of Qie 1995 liccnse fecs and penaltics, totaling �3,417.00, shall be made on or before December 20, ]995; payments are to be made zs follows: Tckphont: Gl2-2Gb9DSL Facstmila 611-ZGbA9D� 6J2-26lr972P The Office of License, Inspections, and L-nvironmental Protection ("LIL-P") and P.L.A.B., Inc., dlbla Ted's Re;reation, lacated at 1054 Larpentuer Avenue 1'Jest, Saint Paul ("Licensee") hereby reach the foi]owing agrecment �s setilement to the proposed adverse action brought zaainst the ]iccnses hcld by tl�e Licensee: Adreuncnl 1§'hereas, the Lice.�see h:s fai)ed to make payment of U�e 1995 license fees due on or before January 31, 1995; and VJhereas, LIEP w;s prepared to initiate adverse action against the licenses held Uy the Licensce for failu;e to pay the amount due and o�;�ing, 53,417.00 Now, thcrefore, ilie above-namecl partics do agrce to tl�e fol3owing: LIEP agrees io haIt the adverse action against the licenses of the Licensee. The Licensce hercby agrces: A1120UNT C�£� �- ��i�82.— 2. S 800.00 - �-c'd s soo.00—„�,�� 5 800.00 51,017.00 �A�s/x�"� orr�ct or iacens�, i�.srecnons nxD r.r.vv:oN�..urrni, rsorsrnoN FoLcn I:csslcr, Dirccior � �' �� fAIYC.Y PfiOFESS10tiSL LUll�lNG Sufu 300 3S0 St Pete� Slrect Sai�u Pauf, IJl�csow 55702-1510 �i�ZO� t�o,�.� 2�L5 +��4. Q� ie�Z� DIJE OI�I OR B�P'ORE Scptcmbcr 20, 1995 October 20, 1995 Novcmber 20, 1995 Deccmber 20, 1995 Payment of all 19961icense fces shall be paid within fiftecn (1� days of becoming due as specified by LTEP, 3. Failure to comply with the conditions set ou[ above, will be deemed a violation of the licenses held by the Litensee, authorizing advcrse action to be taken against the liccnses of P.L.A.B., Inc. In the event a viofation of the above oceurs, as evidenced by a sworn affidavit of the license inspector, the Licensec hereby wzves the rial�t to a hcaring bcforc an indepcndent AT�'ACHMENT A �� q�•�aY hearing examiner on the issue of nonpayment of license fees. Further, licensee hereby adrees to authorize LIEP to proceed directly to a hearing bcfore the City Council of the City of Saint Paul on issues relating to the penalty to be imposed for a violation of the preceding conditions, at which time LIEP will recommend be imposed as a penalty. Dated this � day of ,.1� ', 1995. ' �i.c.�..J � � - �/� i/�/ S Christine Rozek, managager foz License, Inspec6on and Lnvironmental Protection i --- -P��I�co��5 R NC. g � . ' -. , SyotEr p �+reua j ; t ``p��G�KV� MN 55773 Pf or o� � PAY prese�t�2.66, i AMOUNT � � °F `` � nte' DA � TO THE ONDEH OF �Y. i D/��S � y �% Y` �` � �Of'�•Q£%�!L #�ao I .,.RE �P S�i� � �... I � n�$�� r A�a WESTERN BANK E INSURANCE AGENCY N�=�i��r � I(/L . l d Sa � 5T. PFUL. MN 5556� , t 22 G i �i'0040 28��' �:09600066 1�: 6006 30 r �._. -- � �� . , q�-yay : - . . � . . .-_..: _: ;: � . �a � r� Ah10UNT � �T�� - wt�iT.�E3�Tl�f� - � ot Enter.Again . .. C� re Q ot Cai{ecti��a' Pgain . 22 On�Y DOLIARS CHECK CHEGK AMOUNT � �. NU�dBER . G�cr �0��' $ �oo.ao RENGE � � .•., . � � ,,y � � , / ` � � � t . � ,�'OOOQ ��0�,�' � .' : , _�_J ATTACHMENT B . � : . - OFFICE OF LICE\SE ISSPEC710NS 'D E!:\'IAO`��SE`:TAI `TECTIO,y Roben Auslr�, Dinc.,,. q�-w�.y CITY OF SAINT PAUL A'o�m Coleman, .d:c��or LOIiRY PROFFSSJO'�:9L BC7LDl.a'G Svi�e 300 350 St Pete� Sveet Sair.t Pou1, ATnnesota 55101-15)D Telephone: 672•?66-9090 Facsimr/e: 611-166-9099 617-166-9J74 R�CEtV�D September 6, 1955 Arnold J. Kampa P.L.A.B. Inc. dba Ted's Rec 1084 Larpenteur Aveaue West Saint Paul, N,N 55113 RE: Payment Schedule Agreement Dear Mr. Kzmpa: SEP 08 1995 �lT� ATTOR�EI A copy of the payment schecule that you agreed to last Thursday for your Liauor License at Ted's Rec is enclosed with this letter. Please note that failure to adhere to this schedule authorizes adverse action to be taken against all licenses of P.L.A.B. with a hearing be;ore the Saint Paul City Council to impose penalties. Let me know i£ you have ar.y ciuestions. Please send the payments stipulated in this agreement to: Office of LIEP 350 St. Peter Street Lowry Professional 8uilding �300 Sair.t Paul, MN 55102 Attn: Laurie Sincerely, �,-t..t,� �.:.. � � .�� v Christine A. Roze License Manager 266-9108 cc: Robert Kessler, Director/LIEP Gary Pechmann - Ligp Janet Reiter - City Attorney's Of£ice Laura Benton - LZEP Kris Schweinler - LIEP Laurie Paladie - LIEP swtrir r�ut � AMR OFFICE OF LICET" ' R.'SPECTIO:�S /J:D Et.'VIROhTiEh7. OTECTION Rvbar Ressler, D�rccmr CTTY OF SAINT PAUL Norm Colcmcn, Ma�•or IAWRY PROFESS101uiL BUILDJNG S�iu 3Q9 350 SY. P�ter SYsret Sailu Pcu1, ldinncsom 55102-1510 � ��-yaY Tikphonc: 612-I66A�� Faaim;lc: 673•266-9d99 671-2669774 The O�ce of License, Inspections, znd Environmental Protection ("LIEP"} and P.L.A.B., Inc., d/b/a Ted's Recreztion, located zt 1084 Larpentuer Avenue West, S2int Paul ("Licensee"} bereby zeach tbe followin� agreement as settlement to the proposed adverse action brought a;ainst the licenses held by the Licensee: Agreement Whereas, the Licensee bas failed to ma}:e payment of the 19951icense fees due on or before January 31, 1995; and • Whereas, LIEP wzs prepared to initiate adverse action against the licenses held by the Licensee for failure to pay the amount due and owing, S3,417.00 Now, therefore, the above-nzme3 .parties do agree to the following: LIEP agree�ss to hait tt�e adverse action 2gainst t2�e licerues of the Licensee. The Licensee hereby agrees: That full payment of the 19451icense fees and penalties, tota]ing 53,417.00, shal] be made on or before December 20, 1995; paymenu ue to be made as follows: AA'IOIJNT :�� :�� :�� . � �� DUE ON OR BEFORE September 20, 1995 October 20, 1995 November 20, 1995 December 20, 1995 2. Payment of ali 1995 license fe;s shali be paid within fifteen (i� days of becoming due as specified by LIEP. 3. Failure to comply with the wnditions set out above, will be deemed a violation of the Iicenses held by the Licensee, zuthorizing adverse aMion to be ta}:en against the licenses of P.L.A.B., Inc. In the event a violation of the above occurs, as evidenced by a sworn affidavit of the licsnse inspectDr, t2�e Licensee hereby waves tbe right to a hearing before an independent ��,�� n PY • , Y agrees to authoriz� LTEP to proceed direcdy to a hearing before the City Council of the City of Saint Paul on issues relating to the penalty to be imposed for a violation of ffie preceding conditions, at which rime LIEP will recommend be imposed as a penalty. hearino examiner on the issue of non a ment of license fees Further licensee hereb �� Dated this � f day o��' ' /, 1995. ✓ C��.�� Chrisrine Rozek, managager ' for License, Inspection and Envuonment2l Protection �j3;�9s OFF7C' � `F THE CITY ATI'OR:�'EY r,»,othyE..�cr�city�Sao,ney\ �r/' CITY OF SAINT PAUL Norm Coleman, May,x Augus� 9, 1995 Arnold J. Rampa and Katherine Kampa Ted�s Recreation 1084 Larpenteur Avenue West Saint Paul, Minnesota 55113 Re: Licenses oP P.L.A.B. Inc License ID No. 6396 Crvi! Division 400 Ciry Hd! l5 War Keltogg Blvd Sa;nrPaul, Minncsom SSIOI d/b/a Ted's Recreation Dear Mr. and Mrs. Kampa: q�•y� Tdcphorsc• 612 266,5770 Facsimilc 672 29&5619 2 am in receipt of information that could lead to adverse action . against all your licenses. The basis for adverse action is: on or about January 31, 1995, you submitted your required liceasa fees with a check that was returned ��NSF�� to the license office. You have failed to pay your licease fees since then, despite several requests by LIEP staff to do that. This constitutes grounds for the revocation of your liceases. ' If you do not dispute the above facts, this matter will be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on you behalf at that hearing. I will need to have a letter from you saying that you do not dispute the facts if we are going to follow that path. On the other hand, if you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge, In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within five date of this letter. If 2 do not hear from you, the hearing, and you may be responsible for the hearing if you do not then appear and contest the call me or have your attorney call me at 260-8710. Very truly yours, � � � Philip . Byrne Assistant City Attorney cc: Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP days from the I will schedule costs of the facts. Please i /� ^ �� 9 �`� 'V � q�-y�y STATE OF MINNESOTA ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY 1 JOANNE G. CLEN,ENTS, being first duly sworn, deposes and says that on August 10, 1995, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Arnold J. Kampa and Katherine Kampa Ted's Recreation - 1084 Larpenteur Avenue West St. Paul, MN. 55113 (which is the last known address of said persons] and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lOth day of August, 1995. � ,1 � .�— o P li •� KATHRYN J. NcLAUGHLIN � � � NOTARY PUBUC- NINN;SOTA F RAMSEY COUNTY �+iy Comm. Ezpires dan. 3t, 2000