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97-1010��e-��ep '�/�� 1 council File # � �0 � Q�tl�� Presented By Referred To Committee: Date th one (1 for a neriod of eiehteen (18) months RESOLVE , that the Wine On Sale license (License ID No. 37742) held by Sole Cafe d/b(a Sole Cafe and lo ted at 684 Snelling Avenue North in Saint Paul is hereby suspended for a period of one (1) day ' g-0trS��• 3,-1-39-'�-for the violation of "serving wine in violation of the on-sale wine license requirements." This Resolution and the action taken above aze based upon the facts contained in the Saint Paul Police Report CN 97-080-758, the facts of which are summarized in the June 16, 1997 Notice of Violafion letter to the licensee, the admissions of the licensee in his letter of July 2, 1997 fhat he does not dispute the facts stated in the notice of violauon letter, and such arguments as may have been presented to the Council at the public hearing. Requested by Department of: Adopted by Council: Date 3 Adoption Certified by Council SecreCary By: ♦ ! Approved by Mayor: Date �'c.�1.�} cS By: ""i�__ �+V Green Sheet # �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� li �� . r�� Form Approved by City Attorney Hy : ✓yuC � Approved by Maypr for Svbmission to Council By: 38�47 LI�EPaT�i��ouNC� 0 7/24/97 GREEN SHEE q�` IN171AVDA7E IN7TIAL/DATE :ONTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR � CITV COUNCIL Robert Ressler, 266-9112 A$$IGN �CITYATfORNEY �CITYCLERK NUMBENFOA dUST BE ON COUNCILAGENDA BY (DATE) ROUTNG � BUDGET DIRECTOR � FIN. & MGT. SERVIGES DIR. August 13, 1997 Public Hearing OHDEH �MqyOR(OFiASSfSTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) \CTION REQUESTED: Regarding adverse action against license held by Sole Cafe, DBA Sole Cafe, 684 Snelling Avenue North. PECOMMENDATIONS: Approva (A) m CIVIL SERVICE _ CIB COMMITTEE _ _ _ STAFF _ _ _ DISTqICTCOURT _ _ SUPPORTS WHICH GOUNCIL OHJECTIVE? What, When. IF APPROVED. PEfiSONAL SERVICE CONiRACTS MUS7 ANSWER TME FOLLOWING �UESTIONS: t. Has this Oe�on/firm ever worketl untler a contract for this department? VES NO 2. Has this person/firm ever been a cify employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? YES NO Explain ell yes answers on separate sheet antl aitaeh to graen aheet Why)' St�WUi�.� �,�L��.xcf. `�'Wi��' �f r Ji 2 � 1�9I IF NOT APPROVED� TOTAL AMOUNT OF TRANSACTION COST/HEVENUE BUpGE7ED (CIRCLE ONE) VES NO FUNDIWG SOURCE ACTIVI7Y NUMBEp FINANCIAL INFORWiATION: (EXPLAIN) OFFICE OF TFIE CITY ATTORNEY Peg Birk, Ciry Attomey q� -1�1 I CITI' OF SAINT PAUL Civil Division Norm Cokman, Mayor 40D Ciry Hat1 /5 West Kellogg Blvd Sarnt Paul, Mrnnesota 55702 July 24, 1997 IdQTICB OF COVNCIL HEARING Kyong Ye Firnstahl Sole Cafe 684 Snelling Avenue North Saint Paul, Minnesota 55103 Tetephone: b12166-871 D Facsimile: 611298-5619 RE: Wine On Sale License held by Sole Cafe dfb/a Sole Cafe for the premises located at 684 Snelling Ave. N. in St. Paul License ID No.s: Our File Number: Dear License Holder: 37742 & 88704 G97-0311 Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 g.m., T�Tednesdag, August 13, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of wine have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a one day suspension of the Wine On-Sale license. If you have any questions, please call me at 266-8710. Very ,truly yours� cJ( �h�'�' � Ct�✓''C Q�� Virgi ia D. Palmer Assistant City Attorney cc: Kyong Ye Firnstahl, 742 3` Ave. S., MPLS., MN 55414 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 UNCONTESTED LICENSE HEARING �� - �� Q Licensee Name: Addr�ss; Sole Cafe d/b/a Sole Cafe 694 Snelling Avenue North Council Hearing Date: August 13, 1997 Violation: Violation of On-Sale Wine License Requirements St. Paul Legislative Code § 409.15 (a)(2) Date: Place June 3, 1997 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: One (1) Day Suspension of On-Sale Wine License Attachments: 1. Proposed resolution 2. Letter from Licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Police Report ��Q�� Ju1y 2, 1997 Kyong Ye Firnstahl Sole Cafe 684 No. Snellinq Ave. St. Paul, MN 55104 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West xellogg Blvd. St. Pau1, MN 55102 RE: Notice Of Violation; Dear Ms. Palmer: J�1L 7 7 )997 �� q�.io�o Sole Cafe, License �k 37742. Please excuse the short delay in our response to your letter requesting a written reply by June 25, 1997. We were unable to obtain the help we needed to make a decision until this time. Our decision in this matter is NOT to contest the fact of a of wine being sold without food We would however like the opportunity to present the £acts regarding the circumstances which this glass of wine was purchased. We believe that we not intentional violate the law and that our action will be vindicated, upon review of the these circumstances. Sincerely, giass under did Kyong Ye Firnstahl Sole Cafe proprietor ��'-� ��-�--_ � CITY OF SAINT PAUL Norm Coleman, .ifayor ,Sune 16, 1997 OFFICE ° � TI� CITY ATTORNEY Peg B'vk � " Aaorney Q7-,o10 Civrl Division 400 Crry HaII 15 West XetJogg Blvd Saint Pw7 Mmnesom 55101 Te%phone: 611166�7J0 Faaun'rle: 672 298-Sd19 NOTICB OF VIOLATION Owner/Manager Sole Cafe 684 Snelling Avenue North Saint Paul, MN 55103 RE: On-Sale Wine License held by Sole Cafe, d/bfa Sole Cafe for the premises at 684 North Snelling Avenue License #: 37742 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against the on-sale wine license held by you at the above- named premises. This recommendation is based on the following information: Sole Cafe has aa oa-sale wiae license. Pureuant to Saiat Paul Legislative Code � 409.15(a)(2), wine may only be sold with food items. Oa Juae 3, 1997 officers from the Saiat Paul Polica Departmeat went to Sola Cafe in respoase to iaformatioa that t8e establishment was serviag wiae in violation of the on-sale wine 13cease requirements. They were able to purchase a glass of wine without any food. The requested penalty will be for a one-day suspension of your on- sale wine license, or an alternative fine. This would not af£ect your other licenses at that location. If you do not dispute the above facts, please send me a letter stating that they are true so that the matter can be sche�luled before the City Council for a hearing on the appropriate penalty, if any, for this violation. You will have a chance to appear and � � q1-�°� make a statement before the Council on your behalf. If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place of the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Wednesday, June 25, 1997 how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-871� to discuss them. Sincerely, `' `j J � �� Virgin�a D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, LIEP � � \ (�1� �p10 STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICfi BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 16, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Sole Cafe 684 Snelling Avenue North St. Paul, MN. 55103 (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 16th day o£ June, 1997. / � �. �.. � �.��l�I./ L �L • • . • RITA M. BpSSARD � * N�TARYP(JBLIC � � R.4MSEY COUN7\' � MYComrri.ExpiresJan.37.2000 � 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 ................ 88704 AC SOLE CAFE 684 SNELLING 551�4 SOLE CAFE ENTERTAINMENT 03/21/98 2360698 � AVE N - CLASS A q ��, �� b q �, � Lic ID ................... STAT ..................... Business Name............ Address .................. Zip ...................... Doing Business As......._ License Name ............. Exp Date ................. Tnsurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 37742 RS SOLE CAFE 684 SNEI,LING AVE N 55103 SOLE CAFE WINE ON SALE ON SALE MALT (3.2) RESTAURAN'P (Bl-MORE T SEATS 03/21/98 PENN AMERICA INS CO PAC601526101 03/24/97 03/21/98 12935 PH NOTICE SENT OSj30j95 113 MAILED, 35 EMAILED, 7f12/95 APPN FOR NEW ON (3.2), ANU RESTAURANT-B 2360698 C� E�AN 12 SET FOR 07/12j95 2 INTEROFFICE SALE WINE, ON SALE MALT APP'D C.F. #95-756 1 � ST. PAUL POLfCE DEPARTMEtJT Page or GENERAL REPORT ' q�-�o�� 1 �l � l. S'C`R.�.2-KL_etnr� c e. �., R•.i �. s t�.�a - �sa a.. L� F �.... ��..� ��siHesS �r 6by N�SN�\�+r,�,, ��a.n�� G�('e� v.�S Sa.� v,,�-- w iw� � n� ��o\�csor.� �-�-�„a..a- �•,�., � i t� l��c�fie. �ens�, �A�e �� &. w��..� �,�x,...v ca Ser.te �y�ti,� ov�.� �,� �� . Ov.� Ea�`- 3 -�t �1 e^ � �� - 5 . W.\\,�.,_s . :v �fi� N.N- ��t2 . WQ. UQ�EQ4u� (�wf Ar-c,� �� c� �24�Y� -ie,,., �\-e -�'� � wo+��,, �r iN � oN� , ,v� - To� a . S�e S�rn� - ti�.�- �,-�w4� �e. D•�.. We w�.�e �-�.� ow-�S, sG�wti � Sto-� '1�--�e (,.�2_ Sei . � T�U1 - tfw/r�¢. c�.cSC.s��Q� v;-S .5 .3 " � ! (� ( b s � c�rik �� < <ta s �or a �..-S�.r c�-s - s - w � 4, �'�4te5 c�-� �N 1 N�C .C(�1�fY2-OG�tdk`I �iD 1� Z��..� . W�' V-x,t`e e-r No T� w.e ��rz-�.. w� t�-r2 �er��.� n�5 �� we� lr.An--c�v� G�`-1 �oc�Q . (�� a�,,,a�,..� � \�.-. '�,.:., l.� i N ti t�.. � k-� t� �- "�h� U,,tiC 0 i o� � G� Emp. .,eyvn nnnewav oy. • � tm . no.: UJ.: I 141: H.U: YP �Yes � No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID [] Leb ❑ Rec ❑ Team ❑ Sex ❑ Aptr ❑ Other ❑ D(C � Burg � Thek � Prop Q CAU [J F&F � Auto ❑ DAO ❑ CO [—] HumServ PM 621-92R � �,,��,*�?��,� .�.,�`s..�:�i_:=. RR TIVE�.� r..�?�:�.��`�:�� Arrest Nomber lest Name Firet Middle � Address DOB Age Sax Race ��e-��ep '�/�� 1 council File # � �0 � Q�tl�� Presented By Referred To Committee: Date th one (1 for a neriod of eiehteen (18) months RESOLVE , that the Wine On Sale license (License ID No. 37742) held by Sole Cafe d/b(a Sole Cafe and lo ted at 684 Snelling Avenue North in Saint Paul is hereby suspended for a period of one (1) day ' g-0trS��• 3,-1-39-'�-for the violation of "serving wine in violation of the on-sale wine license requirements." This Resolution and the action taken above aze based upon the facts contained in the Saint Paul Police Report CN 97-080-758, the facts of which are summarized in the June 16, 1997 Notice of Violafion letter to the licensee, the admissions of the licensee in his letter of July 2, 1997 fhat he does not dispute the facts stated in the notice of violauon letter, and such arguments as may have been presented to the Council at the public hearing. Requested by Department of: Adopted by Council: Date 3 Adoption Certified by Council SecreCary By: ♦ ! Approved by Mayor: Date �'c.�1.�} cS By: ""i�__ �+V Green Sheet # �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� li �� . r�� Form Approved by City Attorney Hy : ✓yuC � Approved by Maypr for Svbmission to Council By: 38�47 LI�EPaT�i��ouNC� 0 7/24/97 GREEN SHEE q�` IN171AVDA7E IN7TIAL/DATE :ONTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR � CITV COUNCIL Robert Ressler, 266-9112 A$$IGN �CITYATfORNEY �CITYCLERK NUMBENFOA dUST BE ON COUNCILAGENDA BY (DATE) ROUTNG � BUDGET DIRECTOR � FIN. & MGT. SERVIGES DIR. August 13, 1997 Public Hearing OHDEH �MqyOR(OFiASSfSTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) \CTION REQUESTED: Regarding adverse action against license held by Sole Cafe, DBA Sole Cafe, 684 Snelling Avenue North. PECOMMENDATIONS: Approva (A) m CIVIL SERVICE _ CIB COMMITTEE _ _ _ STAFF _ _ _ DISTqICTCOURT _ _ SUPPORTS WHICH GOUNCIL OHJECTIVE? What, When. IF APPROVED. PEfiSONAL SERVICE CONiRACTS MUS7 ANSWER TME FOLLOWING �UESTIONS: t. Has this Oe�on/firm ever worketl untler a contract for this department? VES NO 2. Has this person/firm ever been a cify employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? YES NO Explain ell yes answers on separate sheet antl aitaeh to graen aheet Why)' St�WUi�.� �,�L��.xcf. `�'Wi��' �f r Ji 2 � 1�9I IF NOT APPROVED� TOTAL AMOUNT OF TRANSACTION COST/HEVENUE BUpGE7ED (CIRCLE ONE) VES NO FUNDIWG SOURCE ACTIVI7Y NUMBEp FINANCIAL INFORWiATION: (EXPLAIN) OFFICE OF TFIE CITY ATTORNEY Peg Birk, Ciry Attomey q� -1�1 I CITI' OF SAINT PAUL Civil Division Norm Cokman, Mayor 40D Ciry Hat1 /5 West Kellogg Blvd Sarnt Paul, Mrnnesota 55702 July 24, 1997 IdQTICB OF COVNCIL HEARING Kyong Ye Firnstahl Sole Cafe 684 Snelling Avenue North Saint Paul, Minnesota 55103 Tetephone: b12166-871 D Facsimile: 611298-5619 RE: Wine On Sale License held by Sole Cafe dfb/a Sole Cafe for the premises located at 684 Snelling Ave. N. in St. Paul License ID No.s: Our File Number: Dear License Holder: 37742 & 88704 G97-0311 Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 g.m., T�Tednesdag, August 13, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of wine have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a one day suspension of the Wine On-Sale license. If you have any questions, please call me at 266-8710. Very ,truly yours� cJ( �h�'�' � Ct�✓''C Q�� Virgi ia D. Palmer Assistant City Attorney cc: Kyong Ye Firnstahl, 742 3` Ave. S., MPLS., MN 55414 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 UNCONTESTED LICENSE HEARING �� - �� Q Licensee Name: Addr�ss; Sole Cafe d/b/a Sole Cafe 694 Snelling Avenue North Council Hearing Date: August 13, 1997 Violation: Violation of On-Sale Wine License Requirements St. Paul Legislative Code § 409.15 (a)(2) Date: Place June 3, 1997 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: One (1) Day Suspension of On-Sale Wine License Attachments: 1. Proposed resolution 2. Letter from Licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Police Report ��Q�� Ju1y 2, 1997 Kyong Ye Firnstahl Sole Cafe 684 No. Snellinq Ave. St. Paul, MN 55104 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West xellogg Blvd. St. Pau1, MN 55102 RE: Notice Of Violation; Dear Ms. Palmer: J�1L 7 7 )997 �� q�.io�o Sole Cafe, License �k 37742. Please excuse the short delay in our response to your letter requesting a written reply by June 25, 1997. We were unable to obtain the help we needed to make a decision until this time. Our decision in this matter is NOT to contest the fact of a of wine being sold without food We would however like the opportunity to present the £acts regarding the circumstances which this glass of wine was purchased. We believe that we not intentional violate the law and that our action will be vindicated, upon review of the these circumstances. Sincerely, giass under did Kyong Ye Firnstahl Sole Cafe proprietor ��'-� ��-�--_ � CITY OF SAINT PAUL Norm Coleman, .ifayor ,Sune 16, 1997 OFFICE ° � TI� CITY ATTORNEY Peg B'vk � " Aaorney Q7-,o10 Civrl Division 400 Crry HaII 15 West XetJogg Blvd Saint Pw7 Mmnesom 55101 Te%phone: 611166�7J0 Faaun'rle: 672 298-Sd19 NOTICB OF VIOLATION Owner/Manager Sole Cafe 684 Snelling Avenue North Saint Paul, MN 55103 RE: On-Sale Wine License held by Sole Cafe, d/bfa Sole Cafe for the premises at 684 North Snelling Avenue License #: 37742 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against the on-sale wine license held by you at the above- named premises. This recommendation is based on the following information: Sole Cafe has aa oa-sale wiae license. Pureuant to Saiat Paul Legislative Code � 409.15(a)(2), wine may only be sold with food items. Oa Juae 3, 1997 officers from the Saiat Paul Polica Departmeat went to Sola Cafe in respoase to iaformatioa that t8e establishment was serviag wiae in violation of the on-sale wine 13cease requirements. They were able to purchase a glass of wine without any food. The requested penalty will be for a one-day suspension of your on- sale wine license, or an alternative fine. This would not af£ect your other licenses at that location. If you do not dispute the above facts, please send me a letter stating that they are true so that the matter can be sche�luled before the City Council for a hearing on the appropriate penalty, if any, for this violation. You will have a chance to appear and � � q1-�°� make a statement before the Council on your behalf. If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place of the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Wednesday, June 25, 1997 how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-871� to discuss them. Sincerely, `' `j J � �� Virgin�a D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, LIEP � � \ (�1� �p10 STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICfi BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 16, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Sole Cafe 684 Snelling Avenue North St. Paul, MN. 55103 (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 16th day o£ June, 1997. / � �. �.. � �.��l�I./ L �L • • . • RITA M. BpSSARD � * N�TARYP(JBLIC � � R.4MSEY COUN7\' � MYComrri.ExpiresJan.37.2000 � 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 ................ 88704 AC SOLE CAFE 684 SNELLING 551�4 SOLE CAFE ENTERTAINMENT 03/21/98 2360698 � AVE N - CLASS A q ��, �� b q �, � Lic ID ................... STAT ..................... Business Name............ Address .................. Zip ...................... Doing Business As......._ License Name ............. Exp Date ................. Tnsurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 37742 RS SOLE CAFE 684 SNEI,LING AVE N 55103 SOLE CAFE WINE ON SALE ON SALE MALT (3.2) RESTAURAN'P (Bl-MORE T SEATS 03/21/98 PENN AMERICA INS CO PAC601526101 03/24/97 03/21/98 12935 PH NOTICE SENT OSj30j95 113 MAILED, 35 EMAILED, 7f12/95 APPN FOR NEW ON (3.2), ANU RESTAURANT-B 2360698 C� E�AN 12 SET FOR 07/12j95 2 INTEROFFICE SALE WINE, ON SALE MALT APP'D C.F. #95-756 1 � ST. PAUL POLfCE DEPARTMEtJT Page or GENERAL REPORT ' q�-�o�� 1 �l � l. S'C`R.�.2-KL_etnr� c e. �., R•.i �. s t�.�a - �sa a.. L� F �.... ��..� ��siHesS �r 6by N�SN�\�+r,�,, ��a.n�� G�('e� v.�S Sa.� v,,�-- w iw� � n� ��o\�csor.� �-�-�„a..a- �•,�., � i t� l��c�fie. �ens�, �A�e �� &. w��..� �,�x,...v ca Ser.te �y�ti,� ov�.� �,� �� . Ov.� Ea�`- 3 -�t �1 e^ � �� - 5 . W.\\,�.,_s . :v �fi� N.N- ��t2 . WQ. UQ�EQ4u� (�wf Ar-c,� �� c� �24�Y� -ie,,., �\-e -�'� � wo+��,, �r iN � oN� , ,v� - To� a . S�e S�rn� - ti�.�- �,-�w4� �e. D•�.. We w�.�e �-�.� ow-�S, sG�wti � Sto-� '1�--�e (,.�2_ Sei . � T�U1 - tfw/r�¢. c�.cSC.s��Q� v;-S .5 .3 " � ! (� ( b s � c�rik �� < <ta s �or a �..-S�.r c�-s - s - w � 4, �'�4te5 c�-� �N 1 N�C .C(�1�fY2-OG�tdk`I �iD 1� Z��..� . W�' V-x,t`e e-r No T� w.e ��rz-�.. w� t�-r2 �er��.� n�5 �� we� lr.An--c�v� G�`-1 �oc�Q . (�� a�,,,a�,..� � \�.-. '�,.:., l.� i N ti t�.. � k-� t� �- "�h� U,,tiC 0 i o� � G� Emp. .,eyvn nnnewav oy. • � tm . no.: UJ.: I 141: H.U: YP �Yes � No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID [] Leb ❑ Rec ❑ Team ❑ Sex ❑ Aptr ❑ Other ❑ D(C � Burg � Thek � Prop Q CAU [J F&F � Auto ❑ DAO ❑ CO [—] HumServ PM 621-92R � �,,��,*�?��,� .�.,�`s..�:�i_:=. RR TIVE�.� r..�?�:�.��`�:�� Arrest Nomber lest Name Firet Middle � Address DOB Age Sax Race ��e-��ep '�/�� 1 council File # � �0 � Q�tl�� Presented By Referred To Committee: Date th one (1 for a neriod of eiehteen (18) months RESOLVE , that the Wine On Sale license (License ID No. 37742) held by Sole Cafe d/b(a Sole Cafe and lo ted at 684 Snelling Avenue North in Saint Paul is hereby suspended for a period of one (1) day ' g-0trS��• 3,-1-39-'�-for the violation of "serving wine in violation of the on-sale wine license requirements." This Resolution and the action taken above aze based upon the facts contained in the Saint Paul Police Report CN 97-080-758, the facts of which are summarized in the June 16, 1997 Notice of Violafion letter to the licensee, the admissions of the licensee in his letter of July 2, 1997 fhat he does not dispute the facts stated in the notice of violauon letter, and such arguments as may have been presented to the Council at the public hearing. Requested by Department of: Adopted by Council: Date 3 Adoption Certified by Council SecreCary By: ♦ ! Approved by Mayor: Date �'c.�1.�} cS By: ""i�__ �+V Green Sheet # �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� li �� . r�� Form Approved by City Attorney Hy : ✓yuC � Approved by Maypr for Svbmission to Council By: 38�47 LI�EPaT�i��ouNC� 0 7/24/97 GREEN SHEE q�` IN171AVDA7E IN7TIAL/DATE :ONTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR � CITV COUNCIL Robert Ressler, 266-9112 A$$IGN �CITYATfORNEY �CITYCLERK NUMBENFOA dUST BE ON COUNCILAGENDA BY (DATE) ROUTNG � BUDGET DIRECTOR � FIN. & MGT. SERVIGES DIR. August 13, 1997 Public Hearing OHDEH �MqyOR(OFiASSfSTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) \CTION REQUESTED: Regarding adverse action against license held by Sole Cafe, DBA Sole Cafe, 684 Snelling Avenue North. PECOMMENDATIONS: Approva (A) m CIVIL SERVICE _ CIB COMMITTEE _ _ _ STAFF _ _ _ DISTqICTCOURT _ _ SUPPORTS WHICH GOUNCIL OHJECTIVE? What, When. IF APPROVED. PEfiSONAL SERVICE CONiRACTS MUS7 ANSWER TME FOLLOWING �UESTIONS: t. Has this Oe�on/firm ever worketl untler a contract for this department? VES NO 2. Has this person/firm ever been a cify employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? YES NO Explain ell yes answers on separate sheet antl aitaeh to graen aheet Why)' St�WUi�.� �,�L��.xcf. `�'Wi��' �f r Ji 2 � 1�9I IF NOT APPROVED� TOTAL AMOUNT OF TRANSACTION COST/HEVENUE BUpGE7ED (CIRCLE ONE) VES NO FUNDIWG SOURCE ACTIVI7Y NUMBEp FINANCIAL INFORWiATION: (EXPLAIN) OFFICE OF TFIE CITY ATTORNEY Peg Birk, Ciry Attomey q� -1�1 I CITI' OF SAINT PAUL Civil Division Norm Cokman, Mayor 40D Ciry Hat1 /5 West Kellogg Blvd Sarnt Paul, Mrnnesota 55702 July 24, 1997 IdQTICB OF COVNCIL HEARING Kyong Ye Firnstahl Sole Cafe 684 Snelling Avenue North Saint Paul, Minnesota 55103 Tetephone: b12166-871 D Facsimile: 611298-5619 RE: Wine On Sale License held by Sole Cafe dfb/a Sole Cafe for the premises located at 684 Snelling Ave. N. in St. Paul License ID No.s: Our File Number: Dear License Holder: 37742 & 88704 G97-0311 Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 g.m., T�Tednesdag, August 13, 1997 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the report concerning the unlawful sale of wine have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a one day suspension of the Wine On-Sale license. If you have any questions, please call me at 266-8710. Very ,truly yours� cJ( �h�'�' � Ct�✓''C Q�� Virgi ia D. Palmer Assistant City Attorney cc: Kyong Ye Firnstahl, 742 3` Ave. S., MPLS., MN 55414 Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Andy Schneider, Community Organizer, Hamline Midway Coalition, 1564 Lafond Ave., St. Paul, MN 55104 UNCONTESTED LICENSE HEARING �� - �� Q Licensee Name: Addr�ss; Sole Cafe d/b/a Sole Cafe 694 Snelling Avenue North Council Hearing Date: August 13, 1997 Violation: Violation of On-Sale Wine License Requirements St. Paul Legislative Code § 409.15 (a)(2) Date: Place June 3, 1997 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: One (1) Day Suspension of On-Sale Wine License Attachments: 1. Proposed resolution 2. Letter from Licensee agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Police Report ��Q�� Ju1y 2, 1997 Kyong Ye Firnstahl Sole Cafe 684 No. Snellinq Ave. St. Paul, MN 55104 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West xellogg Blvd. St. Pau1, MN 55102 RE: Notice Of Violation; Dear Ms. Palmer: J�1L 7 7 )997 �� q�.io�o Sole Cafe, License �k 37742. Please excuse the short delay in our response to your letter requesting a written reply by June 25, 1997. We were unable to obtain the help we needed to make a decision until this time. Our decision in this matter is NOT to contest the fact of a of wine being sold without food We would however like the opportunity to present the £acts regarding the circumstances which this glass of wine was purchased. We believe that we not intentional violate the law and that our action will be vindicated, upon review of the these circumstances. Sincerely, giass under did Kyong Ye Firnstahl Sole Cafe proprietor ��'-� ��-�--_ � CITY OF SAINT PAUL Norm Coleman, .ifayor ,Sune 16, 1997 OFFICE ° � TI� CITY ATTORNEY Peg B'vk � " Aaorney Q7-,o10 Civrl Division 400 Crry HaII 15 West XetJogg Blvd Saint Pw7 Mmnesom 55101 Te%phone: 611166�7J0 Faaun'rle: 672 298-Sd19 NOTICB OF VIOLATION Owner/Manager Sole Cafe 684 Snelling Avenue North Saint Paul, MN 55103 RE: On-Sale Wine License held by Sole Cafe, d/bfa Sole Cafe for the premises at 684 North Snelling Avenue License #: 37742 Dear Sir/Madam: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against the on-sale wine license held by you at the above- named premises. This recommendation is based on the following information: Sole Cafe has aa oa-sale wiae license. Pureuant to Saiat Paul Legislative Code � 409.15(a)(2), wine may only be sold with food items. Oa Juae 3, 1997 officers from the Saiat Paul Polica Departmeat went to Sola Cafe in respoase to iaformatioa that t8e establishment was serviag wiae in violation of the on-sale wine 13cease requirements. They were able to purchase a glass of wine without any food. The requested penalty will be for a one-day suspension of your on- sale wine license, or an alternative fine. This would not af£ect your other licenses at that location. If you do not dispute the above facts, please send me a letter stating that they are true so that the matter can be sche�luled before the City Council for a hearing on the appropriate penalty, if any, for this violation. You will have a chance to appear and � � q1-�°� make a statement before the Council on your behalf. If you wish to dispute the facts, you are entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearing, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place of the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Wednesday, June 25, 1997 how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-871� to discuss them. Sincerely, `' `j J � �� Virgin�a D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, LIEP � � \ (�1� �p10 STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICfi BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 16, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Sole Cafe 684 Snelling Avenue North St. Paul, MN. 55103 (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 16th day o£ June, 1997. / � �. �.. � �.��l�I./ L �L • • . • RITA M. BpSSARD � * N�TARYP(JBLIC � � R.4MSEY COUN7\' � MYComrri.ExpiresJan.37.2000 � 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 ................ 88704 AC SOLE CAFE 684 SNELLING 551�4 SOLE CAFE ENTERTAINMENT 03/21/98 2360698 � AVE N - CLASS A q ��, �� b q �, � Lic ID ................... STAT ..................... Business Name............ Address .................. Zip ...................... Doing Business As......._ License Name ............. Exp Date ................. Tnsurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 37742 RS SOLE CAFE 684 SNEI,LING AVE N 55103 SOLE CAFE WINE ON SALE ON SALE MALT (3.2) RESTAURAN'P (Bl-MORE T SEATS 03/21/98 PENN AMERICA INS CO PAC601526101 03/24/97 03/21/98 12935 PH NOTICE SENT OSj30j95 113 MAILED, 35 EMAILED, 7f12/95 APPN FOR NEW ON (3.2), ANU RESTAURANT-B 2360698 C� E�AN 12 SET FOR 07/12j95 2 INTEROFFICE SALE WINE, ON SALE MALT APP'D C.F. #95-756 1 � ST. 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'�,.:., l.� i N ti t�.. � k-� t� �- "�h� U,,tiC 0 i o� � G� Emp. .,eyvn nnnewav oy. • � tm . no.: UJ.: I 141: H.U: YP �Yes � No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID [] Leb ❑ Rec ❑ Team ❑ Sex ❑ Aptr ❑ Other ❑ D(C � Burg � Thek � Prop Q CAU [J F&F � Auto ❑ DAO ❑ CO [—] HumServ PM 621-92R � �,,��,*�?��,� .�.,�`s..�:�i_:=. RR TIVE�.� r..�?�:�.��`�:�� Arrest Nomber lest Name Firet Middle � Address DOB Age Sax Race