96-6621.�� � LJ4 �f 1�
Council File # � �
Green Sheet #
RESOLUTION
41WT PAUL, MINNESOTA
Presented By
Referred To
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Committee c
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RESOLVED, that the license of Rick D. Schmoll,
Street, Saint Paul, Minnesota be revoked effective
1995 license fees. 1,
This Resolution and the action taken above
April 2, 1996 Notice of Complaint letter to the lic
that he does not dispute the facts, and ch argu�i�
Council at the public heazing. �
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Dairy Queen, 280 W. 7th
, for failure to pay
based uon the facts contained in the
e, and the admissions of the licensee
as may haue been presented to the
Requested by Department of:
L �.���L �% i
Adopted by Co il
Adoption Cert fiec
By:
Approved by Mayor:
By:
. Date Form Approved by City Attorney
by Council Secretary $�,: -�����, � � �
—.�o�.
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Date
Approved by Mayor for Submission to
Council
By:
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�c� D S/31/96 GREEN SHEE �° _35705
CqN7AGT PERSON & PHONE INITIAL/DATE iNR1AUDATE
� DEPAFiMElR OIRECTOR � GIN GOUNCIL
Nancy Anderson ��N �CffYATfORNEY OG�TYGLERK
NUYBER FOP
MUST BE ON COUOICiI AGENOA BY (OAT� p��� � BUOGET OIREGTOR � FlN. 8 MGL SE0.VICE$ DIR.
June 12 , 1996 °"DE a MAYOR (Ofl ASSISTANn �
TOTAL # OF SIGNATUHE PAGES (CLIP ALl LOCATIONS FOR SIGNATUREJ
AGTON REQUESiEO:
Concerning adverse action against licenses held bp Rick D. Schmoll, dba Dairy Queeen,
280 West 7th Street. (Uncontested)
RECOMAIENDATIONS:Approve(A)orAejact(iry PEflSONALSERVICECONTqACTSMUSTANSWERTHEFOLLOWINGQUESTIONS:
_ PLANNING CAMMiS510N __ CNiL SEqVICE COMMiSS1ON �� Has this j1e�SOn(firm ev2f wolk0d ufltler a COntf2Cl tOt this depefl1118M? �
_ C�B COMMffTEE _ YES NO
_ STAFF 2. Has this person/firm ever been a city employee?
— YES NO
_ DISTRICTCOURT _ 3. Does this persoNfirm possess a sk�ll not normall
y possessed by any curtent ciry employee?
SUPPoRTSWHICHCOUNCILOBJECTIVE? YES NO
Explafn ell yas anawero on separete aheet and attacM to gteen sheet
INITIATING PROBLEM. ISSUE, OPPaRTUNITV (WM, Whet. When, Whare, Why).
ADVANTAGES 1F APPROVED:
DISpOVANTAGES IF APPROVED:
�PJi3�iC� . ��t . , ��
JU�d (�� ����
�.
DISADVANTAGES IF NOT APPROVED: - � -� – ' - ^ -- -� �-.
TOTAL AMQUNT QF TRANSACTION S COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVI7Y NUMBER
FINANGAL INPORMATION: (�P��N)
OFFICE OF TF� CITY ATTORNEY
Timothy E Marz, Ciry Attorney
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CITY OF SAINT PAUL
Nornr Coleman, Mayor
May 28, 1996
Civil Division
400 Ciry Ha11
IS YGest Kellogg Blvd.
Saint P¢u7, M'unesow 55101
NOTICE OF AEARING
Rick D. Schmoll
Dairy Queen
280 7th Street West
Saint Paul, Minnesota 55102
Re: Licenses of Schmoll, Rick D
License ID No. 16980
Dear Mr. Schmoll:
d/b/a Dairy Queen
Telephane: 671266-8770
Facsfrnile: 612 248-56I9
Please take notice that a hearing concerning the above-named
establishment has been scheduled for 4:30 p.m., Wednesday June 12,
1996 in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed are copies o£ the proposed resolution and other documents
which wi11 be presented to the City Council for their
consideration. This is an uncontested hearing, in that the facts
contained in the reports concerning the failure to pay 1995 license
fees has been admitted. You will have an opportunity at the Council
hearing to presenC oral andfor written remarks as to the penalty,
i£ any, to be imposed. The recommendation of the license office
will be for revocation of the license.
If you have any questions, please call me at 266-8710.
Very truly yours,
`� ��� J ��-�
Virg ia D. Palmer
Assistant City Attorney
cc: Robert Kessler, Director, LIEP
Gary Pechmann, Deputy Director, LIEP
Laurel Severson, President, West Seventh/Fort Road Federation,
376 St Clair Ave., St. Paul, MN 55102
Betty Moran, Community Organizer, West Seventh/Fort Road
Federation, 974 W. Seventh St., St. Paul, MN 551�2
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_ _ UNCONTESTED LICENSE HEARING_
Licensee Name: Rick D. Schmoll d!b/a Dairy Queen
Address: 280 7th Street West
Councii Hearing Date: June 12, 1996
Violation: Failure to Pay 1995 License Fees
Date: 1995
Place: Licensed Premises
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
Revocation of license
Attachments:
1. Proposed resolution
2. Letter of licensee or attorney
3. Notice of Yiolation
4. License information
5. 1995 License Fee information
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F. Y � O A. ._. � _�"__
� OFFICE, OF THE CITY ATTORNEY
Timothy yarx, QryAtrorney
CITY OF SAINT PAUL
_ NoLm Co(ers�n, Mayor
April 2, 1996
Rick D. Schmoll
Dairy Queen
280 7th Street West
Saint Paul, Minnesota 55102
Cn'il D'n�ision
400 Ciry Hall _ ,
I S Yi'est Ke!logg Bh•d
Saint Pou1, Minnesata 55101
Re: Licenses of Schmoll, Rick D. d/b/a Dairy Queen
License ID No. 16980
Dear Mr. Schmoll:
9�-��a
Teleph one: 612166-8 i IO
Facsimite: 611298-5619
I am in receipt of information that could lead to adverse action
against all your licenses. The basis for adverse action is:
License fees due on March 15, 1995, for which invoices
have repeatedly been sent to you have not been paid. And
as of March 12, 1996, you have failed to respond to tags
issued on July 24, 1995 and September 25, 1995 for non-
payment of fees. This constitutes grounds for the
revocation of your license.
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 your 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 days from the
date of this letter. If I do not hear from you, I will schedule
the evidentiary hearing, and you may be responsible for the costs
of the hearing if you do not then appear and contest the facts.
Please call me or have your attorney call me at 266-8710.
Very truly yours,
Q.'?�n � �! �
Philip K. Miller
Assistant City Attorney
cc: Robert Ressler, Director, LIEP
Gary Pechmann, Deputy Director, LSEP
g�_ ��a�
STATE OF MINNESflTA )
) ss. AFFIDAVIT OF SERVICS BY MAIL
COUNTY OF RAMSEX )
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on April 3, 1996, she served the attached LETTER on the
following named person by placing a true and correct copy thereo£
in an envelope addressed as follows:
Mr. Rick D. Schmoll
Dairy Queen
280 7th Street West
Saint Paul, MN. 55102
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota.
Subscribed and sworn to before me
this 3rd day of April, 1996.
�/���b.G_�✓ //! - /��4�.�✓ G�-c�.
Notary Public
� RITA M. BOSSARD �
NOTAHY PUBLIC-MINNESOTA
RAMSEY �U3 �`
_.. Mycomm.Expi
Lic ID ...................
STAT .....................
Business Name.--...........
Address ..................
Zip ......................
Doing Business As........
License Name .............
Exp Date .................
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
NOTE AREA ................
Tax Id ...................
Worker Comp Exp Date.....
Telephone ................
16980
RS
SCHMOLL, RICK D
280 7TH ST W
55102
DAIRY QUEEN
RESTAURANT (A)-
03/15/95
ZERO-12 SEATS
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INSPECTOR CHANGE FROM RICH TO DENVER - 1/6/92
WORK PHONE # 292-9752
HOME PHONE # 722-2881
041394 CF 94-442 RESOLUTION CONFIRMING ADVERSE ACT
ION REGARDING FAILURE TO PAY C OF O FEES ANB PLACI
NG CONDITIONS ON THE LICENSE.
4952974
O5/O1/93
224-8546
Press 'C' to continue, 'P' to print, or `R' to redisplay...
Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSE7] ° PRINT OFF °
March 27, 1996
TO: Ginger PalmerlCity Attomey
FROM:
�
Christine RozekU.IEP Deputy Directorl,`��
License ID #16980 - Dairy Queen
9�-��a
The license at 280 W. 7th Street, Rick D, Schmoll DBA Dairy Queen, has again become delinquent.
As per the attached documentation, Mr. Schmoll's license payment was due 3/I S/95. He has been
invoiced 10 times for that license fee, and now owes a total amount of $302.00. Rich Jents has issued
tags for nonpayment on 7/24/95 and 9/25/95, but has received no response from Mr. Schmoll. The
disposition of these tags is unknown.
Mr. Schmoq has a history of not paying his C of 0 on time and has a restriction on his license based
on his C of O delinquency in Saint Paul. A copy of the iicense restrictions is aitached. Mr. Schmoll
continues to ignore his obligations and leaves us no choice but to begin revocation action against his
license.
CARJjI
cc: Robert Kessler/LIEP Director
Rich Jents2IEP
Kris Schweinler/LIEP
Dave Bergman/Fire
Accounts Receivable Update Screen Date: Mar 12
License ID: 16980 T�n: 1=1�'ew 2=Trans O� 3=Add1 4=Trans Loc
D.B.A.: DAIE2Y QUEEN Lic.Ex.IJf: 031595
Bus-I�'ame: SCHMOLL D RICK Min.Tu�.Id: 4952974
Bus-Address: 280 W TTH ST ST. PAUL 55102 Ho1d.Dafe:
Code Unit Lic.Amt Fee Paid Pfd T�n License Descripfion
1:2479 Ol 201.00 0 RESTAURANT (A)- ZERO-12 SEATS
2:
s: — � — — �i . w
4: — – – �! •�.,°� _�n / '
For all Amount, enter "22.22" for "$22.22"1 ��''`�a ��
) License: 0
First Invoice Last
Additional Appl Fee: Date:01]
Penalty Fee: $101.00 Pen 1:02219
Total Amount Due: $302.00 Add Z:1:
Total Amount Paid: $0.00 Df: 3:110'
Computed Amt.Due: $302.00 4:10
Fire: 0
Zoning: 0
Food: 0
2:
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Data entered will update A!R fiie and license information on BUS.LIC.FII.E only.
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Accounts Receivable Update Screen Date: Mar 12
License ID: 16980 Trn: 1=I�'ew 2=Trans O�ner 3=Add1 4=Trans Loc
D.B.A.: AAIRY QUEEN Lic.FY.Dt: 031595
Bus-Name: SCHMOLL D RICK Min.TaY.Id: 4952974
Bus-Address: 28� VF' TTH ST ST. PAiTL 55102 HoId,Aate:
Code Unit Lic.Amt Fee Paid Ptd Trn License Description
1:2479 Ol 201.00 0 RFSTAURANT (A)- ZERO-12 SEATS
2. -
3: — - -
4: — - -
For all Amount, enter "22.22" for "$2232" ,,
License: 0 �
Fust Invoice Last Payment
Additional Appl Fee: Date:011795 r� D�Ye�
Penalty Fee: $101.00 Pen S:0
Total Amount Due: $302.00 Add
Total A.mount Paid: $0.00 Dt: i
Computed Amt.Due: $302.00
2:
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✓.- �: s ire: u
.. �.
d Zoning:0
4 Food:O
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Data entered will update A/R file and license information on BUS.LIC.FILE only.
Accounts Receivable Update Screen Date: Mar 12
License IB: 16980 Trn: 1=A'ew 2=Trans Okner 3=Add1 4=Trans Loc
D.B.A.: DAIIiY QUEEN Lic,F.�c.Dt: 031595
Bus-Name: SCHMOLL D RICK Dtin.Tax.Id: 4952974
Bus-Address: 280 W TTH ST ST. PAi7I, 55102 Hold.Date:
Code Unit Lic.Amt Fee Paid Pfd Tm License Descripfion
1:2479 01 201.00 0 RESTAUBANT (A)- ZERO-12 SEATS
Z. —
3: � — —
a:� — - - � v � � �
Ror all A,mount, enter "22.22" for "52232"
License: 0
First Invoice I.ast Payment
Additional Appl Fee: Date:011795 y • Fire: 0
PenaIty Fee: $101.00 Pen 9:05089 ���
Total Amount Due: $302.00 Add 10:04069 LiS� c. Printed Zoning: 0
Total Amount Paid: $0.00 Dt: 11: On: 1:060994 Food: 0
Computed Amt.Due: $302.�0 12: 2:
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Dafa entered �ill update A/R file and license information on BUS.LIC.FII,E only.
RESTRICTIONS SCREEN
DBA:DAIRY QUEEN
Date: Mar 25
LICENSE ID: 15980 �l, � � G�
NOTE: 1:041394 CF 94-442 PLACES THE FOLLOWING RESTRICTIONS
2: ON THIS LICENSE AS A RESULT OF AN ADVERSE HEARING
3:1. THE LICENSEE SHALL FURNISH THE OFFICE OF LICENS
4:E, INSPECTIONS, AND ENVIR02dMENTAL PROTECTION AND T
5:HE OFFICE OF THE FIRE MARSHAL WITHIN 10 DAYS FOLLO
6:WING NOTICE OF THE ADOPTION OF THIS RESOLUTION, HI
7:S TRU AND CORRECT HOME ADDRESS AND TELEPHONE Ni7NBE
8:R, AND THAT AE SFiALL THEREAFTER INiPIEDIATELY NOTIFY
9: BOTH OFFICES OF ANY CHANGES IN ADDRESS OR TELEPHO
lO:NE NUMBER WITHIN 30 DAYS AFTER ANY SUCH CHANGE. FA
i1:ILURE TO DO SO WTLL BE GROIINDS FOR ADVERSE ACTION
12:AGAINST THE LICENSE.
13:2. THE LICENSEE SFiALL PROVIDE TO THE CITY COUNCIL
14:AND TO THE OFFICE OF THE CITY ATTORNEY, WITHIN 30
15:DAYS FOLLOWING NOTICE OF THE ADOPTION OF TAIS RESO
RESTRICTIONS SCREEN
LICENSE ID: 16980
DBA:DAIRY QUEEN
NOTE:I6:A'��e ne �io 1 . . ..
17:CTION OF, OR A COURT APPEARANCE ON, MISDEMEANOR CI
18:TATION I30. 0-53145. FAILURE TO DO SO WILL BE GROLSN
19:DS FOR ADVERSE ACTION AGAINST THE LICENSE.
20:3. THE LICENSEE SHALL PAY THE REQUIRED INSPECTION
21:FEE WITHIN 60 DaYS AFTF?2 PKY FUTURE INSPECTION OF
22:THE OFFICE OF THE FIRE MARSHAL OF DEPARfiMENT OF FI
23:RE AND SAFETY SERVICES� SHALIy COMPLY WITHIN AND CO
24:MPLETE ALL CORRECTIVE ORDERS BY SUCH FIRE MARSHAL
25:OF DEPARTMENT OF FIRE AND SAFETY SERVICES WITAIN 3
26:0 DAYS AFTER NOTICE AND RECEIPT OF CORRECTIVE ORDE
27:RS.FAILURE TO DO SO WILL BE GROUNDS FOR ADVERSE AC
28:TION AGAINST THE LICENSE.
29•
30:
Date: Mar 25
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Business License Screen
License I.D. 16980 .
Applicant Name SCHMOLL
First Name RICK
Addr (� Name Type Dir Un) 280 7TH
City State Zip ST. PAUL
Billing Name
Addr (# Name Type Dir Un) _
City State Zip
MN 55102
Building Name
Building Name
D.B.A. DAIRY QUEEN
Picture Needed Lic Exp Date
Tax ID 4952974 Ward
Phone Number ` 2248546 Insp O1 RICH
Dealer Number Effective Date
Mail License to Bill Address? (Y/N)
Enter "00000" to generate a new LICENSE ID
0
Date: Mar 25
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W
031595