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97-328�"��^�,��', � `�,r� i i€ 4>3 i e�'i :'''� °_. N Presented By Referred To 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 council File # q�t, - 3 ag Green Sheet # ��V�Z�� Committeec Date RESOLVED, that the Second Hand Dealer's License held by Sharon Casselman, d/b/a Home Sweet Home Antiques, for the premises at 941 Grand Avenue, is hereby revoked effective upon passage and signature of this resolution. �� , FURTHER RESOLVED, that the fmdings of fact, conclusions of law and memarandum of the Administrative Law Judge contained in her report dated December 2, ' 1996, are hereby adopted as the written findings and conclusions of the Council in this matter, and the recommendation of the Administrative Law Judge is hereby adopted. FURTHER I2ESOLVED, that the costs of the hearing before the admnustrative law judge, in the amount of $284.80, are ordered to be paid by the licensee. This Resolution is based on the record of the proceedings before the administrative law judge on October 31, 1996, the docuxnents and e�chibits introduced therein, and the deliberations of the Council in open session on March 12, 1997. A copy of this Resolution, as adopted, shall be sent by first class mail to the Adtninistrative Law 7udge and to Sharon Casselman. Requested by Department of: By: By: Approved by Mayor: By: Date Form Approved by City Attorney Ey: �� Approved by Mayor for Submission to Council By: Adopted by Council: Date � � Adoption Certified by Council Secretary qri—aa� llfl�4`,� DEfMflTMENT/�F�CEICO�NCI� DATE 1NITATED � ' ` ' — cs� co,�,�� o�� 3-25-1997 GREEN SHEE CON7ACTPERSON 8 PHONE INITIAVDATE 1NITIALIDATE �DEPARTMENTDIRE �CITYCqUNpL Dave Thune, 266-8620 A��N O CRYATTOflNEV � qTV CLERK MUST BE ON COUNC�L AGENDA BY (DATE) NUNBEN FOR O BUOGEf DIRECTOR � FIN, & MGT, SEFiVIGES Dlq. ROIRING A Tl� , Z 199,T ONDER O MAYOR (OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) AC'fION REQUESTEp. Finalizing Ciry Council acrion taken on Mazch 12, 1997, concerning adverse action against licenses held by 5hazon Casselman, DBA Home Sweet Home Antiques, 941 Grand Avene. RECOMMENOanata5: qppiove (A) w Re�ecc (R) pERSONAL SERVICE CONTRACTS MUST ANSWEp TNE FOLLOWING �UESTIONS: _ PLANNING COMMI$$IQN _ CIVIL SERVICE COMMISSION 1. Has this personffirm ever worked untler a conhact for this tlepartment? _ CIB CAMMITTEE _ YES NO _ 57qFF 2. Has Mis personA7rtn ever been a ciry employee? — YES NO _ OISTRIC7 CoUar _ 3. Does this person/firm ossess a skill not normall ossessetl p y p by any currerrt city employee? SUPPORTSWHICHCWNCILO&IECiNE? YES NO Explain all yes answers on separste aheet and attach to greon shcet INITIATING PROBLEM, ISSUE, QPPORTUNIIY(Who, Whet. When, Whara,Why): ADVANTAGESIFAPPROVED� DISADVANTAGES IFAPPROVED' z.t�s�. . _..._ "''�:Edi 7 ae'��3E'�i r:. :� � �`<:s :;6 �, �? fJ;�� _ _ .��_..�.<� �''', DISADVANTAGES IP NOT APPflOVE�: � � � TOTAI AMOUNT OF TRANSACTION $ COSTlREYEPlUE BUDGETED (CIRCLE ONE) YES NO FUNDIIBG SOUHCE ACTIVITY NUMBER FINANCIAL INFOflhSATION (EXPLAIN) STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 170D 1 DO Washington Avenue South Minneapolis, Minnesota 55401-2138 December 2, 1996 City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: The Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear City Clerk: ��a� s�, Enclosed for service upon the Saint Paul City Council are the Findinqs of Fact, Conclusions of Law and Recommendation for the above-referenced mat�er. A copy of this Report has also been served this day on Virginia Palmer of the Office of the City Attorney and Sharon Casselman, licensee. ely, n�� R'ta A. McConnell dministrative Law Judge cc: Ms. Virginia Palmer Ms. Sharon Casselman Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 3Q1-7346 � Fax No. (612) 349-2665 �� December 2, 1996 Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. 5haron Casselman 794 Lincoln Avenue Saint Paul, MN 55105 Re: The Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear Ms. Palmer and Ms. Casselman: Enclosed for service upon you please find a copy of the Findings of Fact, Conclusions of Law and Recommendation in the above-captioned matter. A copy has also been served this day upon the City Clerk. Sincerely, Irita A. McConnell Administrative Law Judge !� cc: City Clerk � � �� ' � STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses held by Sharon Casselman, djb/a Home Sweet Home Antiques 941 Grand, Saint Paul, Minnesota 80-2111-10758-3 FINIIINGS OF FACT CONCLUSIONS OF LAW AI3D RECOI�A'IEI3DATION The above-entitled matter came on for hearing before Administrative Law Judge Rita A. McConnell on October 31, 199fi at 9:30 a.m., in Room 1504, Saint Paul City Aall Annex, 25 West 4th Street, Saint Paul, Minnesota, 55102. The record closed on October 31 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behalf of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). Neither Sharon Casselman nor any other individual appeared on behalf of the license applicant. Notice is hereby given that this Report is a recommendation only and not a final decision. The St. Paul City Council will make the final deaision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, 5t. Paul City Council, 385 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. �� STATEMEI3T OF ISSUES 1. Whether licensee failed to bring the licensed premises into compliance with applicable building codes. 2. Whether licensee should be assessed the costs of the contested hearing on the grounds the licensee�s de£ense was frivolous, arbitrary or capricious. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Sharon Casselman ("Casselman") holds a Second Hand Dealer - Single Location license for the premises operated as Home 5weet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. the license expired on October 12, 1996. City's Exhibit No. 7. 2. On December 30, 1996, Building Inspector David Bergman form the Department of Fire and Safety Services sent Casselman a letter confirming an inspection of the licensed premises two days earlier. Mr. Bergman informed Casselman that approval for occupancy of the premises was contingent upon completion of an attached Corrections List. The list required Casselman to contact the building inspection and design Division regarding the change in occupancy from a residential to a business premises. Bergman informed Casselman that failure to comply with the directive could result in revocation of the Certificate of Occupancy and a violation of the Saint Paul Legislative Code. City Exhibit No. 1. 3. On April 10, 1995, building inspeator Greg Sohnson sent Casselman a letter following up on the Bergman letter. Johnsan informed Casselman that she had to take six specified steps by May 15, 1995 to obtain a Certificate of Occupancy. City's Exhibit No. 2. 2 �� a� � 4. On August 14, 1995, Johnson sent another letter to Casselman stating that she had failed to comply with the specified actions by the May 15 deadline and extending the deadline to September 15, after which Casselman would "face possible legal action." City's Exhibit No. 4. 5. On September 15, Johnson returned a message from Bob Casselman and extended the deadline to October 1"for submitting plans and pulling permit.° City's Exhibit No. 4. 6. Rabert Casselman sent a letter to Johnson on September 29, 1995, statinq that two of the six required changes had been made and enclosing a"site and floor plan." City's Exhibit No. 5. 7. On October 9, 1995, Senior Plan Examiner Tate Halvorson sent Robert and Sharon Casselman a letter informing them that the September 29 submission was not suf£icient and detailing the requirements that remained unfulfilled. Halvorson informed the Casselmans that the Certificate of Occupancy could still not be issued. 8. On August 6, 1996, the Assistant City Attorney sent Casselman a I3otice of Violation informing her that adverse action would be taken against her license because the premises were still not in compliance with applicable fire and building codes as of July, 1996. The letter offered to allow Casselman to by pass an administrative hearing. City's Exhibit No. 8. 9. On August 20, 1996, the Assistant City Attorney sent Casselman another letter notifying her that the adverse action would proceed even though Casselman had informed the City Attorney's office that she would be going out of business. The Assistant City Attorney again offered to by- pass the administrative hearing, and informed Casselman that the City would seek an award of costs of the hearing "since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with." City's Exhibit No. 9. 3 /�/(�� 10. On or about August 23, 1996, Chad Casselman, son of Sharon Casselman, sent the City Attorney a letter advising that Home Sweet Home Antiques was closed £or business and asking that the City Attorney "reconsider proceeding with adverse action." This letter was accompanied by a handwritten note from Sharon Casselman confirming that the business is closed. Ms. Casselman stated that any charges pending for inspection services could be billed to her. City's Exhibit No. 10. 11. The Assistant City Attorney responded to those letters on August 26, 1996, explaining that the adverse action could not be stopped, but offering several alternatives to an administrative hearing. City's Exhibit No. 11. 12. G3hen the City Attorney's Office received no reply to the August 26 letter, it issued a Notice of Hearing setting the hearing for Thursday, October 31, 1996 at 9:30 a.m. Citp's Exhibit No. 12. 13. Neither Sharon Casselman nor any representative appeared on her behalf at the scheduled hearing. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a licensee if a license was issued in violation of any provision of the Zoninq Codes or if the licensed premises do not comply with applicable health, � a,, .3 housing, fire, zoning and building codes and regulations. St. Paul Legislative Code Section 310.06(bj(3). 3. The Licensee is in default herein under Minn. Rule 1400.6000 as a result of her failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations of and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to correct conditions necessary to obtain a Certi£icate of Occupancy and operated the licensed business without complying with applicable codes and regulations. 6. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy to change the buildinq from residential to business property is a violation of the code. 7. The defense of the licensee in this matter was frivolous, arbitrary and capricious. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMEND&D that the St. Paul City Council take adverse action aqainst the license of Sharon Casselman by revoking the license and requiring the licensee to pay the costs of the administrative hearing. Dated this 2nd day of December, 1996. �� C Rita A. McConnell inistrative Law Judge 5 �� Reported: De£ault NOTICE The St. Paul City Council is requested to serve a copy o£ its final decision upon the Administrative Law Judge as well as the parties by first class mail. MEMORANDUM The premises operated by Sharon Casselman under her Second Hand Dealer's license were never in compliance with applicable building and fire codes. The City undertook extensive efforts to inform Casselman of her obligations and to provide her with ample opportunities to correct the deficiencies. These efforts went almost unnoticed by the licensee, who failed repeatedly to respond appropriately to the City's communications. This failure extended eve� to the administrative hearing of this matter. Since the licensee was well informed of the requirements for her property, and was given ample opportunities to resolve the adverse action without a hearing, both a license revocation and an assessment of costs is appropriate. R.A.M. '� OFFICE OF THE CITY ATTORNEY rvnorhy E. Mmx, cify Auorney CITY OF SAINT PAUL Nome Colemmi, Mayor Civil Division 400 City Hal] IS West Kellogg Blvd Sain1 Pau� M'mnesora 55701 ��'-�a Te7ephane: 612 266-8770 Facrimik: 671 298-56I9 December 9, 1996 NOTICS OF COIINCIL IiEARING Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Re: Al1 Licenses held by Sharon Casselman dJb/a Home Sweet H�me Antiques for the premises located at 941 Grand Ave., St. Paul Our File Number: G96-0301 Dear Ms. Casselman: Please take notice that a hearing on the report of the Administrative Law 3udge concerning the above-mentioned license has been scheduled for 4:30 p.m., Thursday, Jaauary 2, 1997, in the City Council Chambers, Third Rloor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart £rom the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � �/�� ' � �,-�.� �...._. _.a� _ ; ._ ',." .._ 4� � £ € s;�m� Virginia D. Palmer Assistant City Attorney cc: Sharan Casselman c/o Chad Casselman, 794 Lincoln Ave., St. Paul, MN 55105 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 : January 27, 1997 Fred Owusu City Cterk 170 City Hall 15 W. Keilogg Blvd. St. Paul, MN 55102 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEAffiNGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 � �� Re: In the Matter of the License Held by Sharon Casselman, dlbfa Home Sweet Home Antiques; OAH Docket No. 80-2111-10758-3 Dear Mr. Owusu: On December 2, 1996, Administrative Law Judge McConnekk served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Enclosed is the o�cial record. Since this matter was a default, no tape recording exists. Our file in this matter is ctosed. Very truly yours, � /��, i��-v � Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Citizens An Equal Oppdrfunity Employer Administrative Law Section & Administrafive Services (612) 341-7600 � TDD No. (612) 341-7346 � F� No. (612) 349-2665 �� AFFIDAVIT OF SERVICE BY MAIL Rita A. McConnell, of the City of St. Paul, County of Ramsey, in the State of Minnesota, being duly sworn, states that on the 2nd day of December, 1996, she served the annexed Findings of Fact, Conclusions of Law and Recommendation, upon the individuals named below by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the U.S. Mail at Saint Paul, Minnesota as follows: Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. Sharon Casselman 794 Lincoln Avenue Saint Paul, MN 55105 City Clerk Saint Paul City Council 38b City Ha11 15 West Kellogg Blvd. Saint Paul, MN 55102 FURTHER AFFIANT SAYETH NOT. C i a A. McConnell Subscribed and swor to before me his day of December, 1996. Notary u lic Kcae��sw�va..a � STEVEN F. MATTAINI y NOTARYPUBLIC-MINNESOTA w,MSev couuTv Mb commssron Exuires aan.3t. 2W o STATE OF MINNESOTA OFFICE OF ADMINIS`PRA`PIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses held by Sharon Casselman, d/b/a Home Sweet Home Antiques 941 Grand, Saint Paul, Minnesota 80-2111-10758-3 �� ' FINDINGS OF FACT CONCLUSIONS OF LAW AI3II RECONIIyIENDATION The above-entitled matter came on for hearing before Administrative Law Judge Rita A. McConnell on October 31, 1996 at 9:30 a.m., in Room 1504, Saint Paul City Hall Annex, 25 West 4th Street, Saint Paul, Minnesota, 55102. The record closed on October 31 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behalf of the City of Saint Paul, OPfice oP License, Inspections and Environmental Protection (LIEP). Neither Sharon Casselman nor any other individual appeared on behalf of the license applicant. Notice is hereby given that this Report is a recommendation only and not a final decision. The St. Paul City Council will make the final deaision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, St. Paul City Council, 386 City Ha11, St. Paul, Minnesota 55102, to ascertain the procedure £or £iling exceptions or presenting argument. �1. � �� STATEMENT OF ISSUES 1. Whether licensee failed to bring the licensed premises into compliance with applicable building codes. 2. Whether licensee should be assessed the costs of the contested hearing on the grounds the licensee's defense was frivolous, arbitrary or capricious. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Sharon Casselman ("Casselman") holds a Second Hand Dealer - Single Location license for the premises operated as Home Sweet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. the license expired on October 12, 1996. City's Exhibit No. 7. 2. On December 30, 1996, Building Inspector David Bergman form the Department of Fire and Safety Services sent Casselman a letter confirminq an inspection of the licensed premises two days earlier. Mr. Bergman informed Casselman that approval for occupancy of the premises was contingent upon completion o£ an attached Corrections List. The list required Casselman to contact the building inspection and design Division regarding the change in occupancy from a residential to a business premises. Bergman informed Casselman that failure to comply with the directive could result in revocation of the Certificate of Occupancy and a violation of the Saint Paul Legislative Code. City Exhibit No. 1. 3. On April 10, 1995, building inspector Greg Johnson sent Casselman a letter following up on the Bergman letter. Johnson informed Casselman that she had to take six specified steps by May 15, 1995 to obtain a Certificate of Occupancy. City's Exhibit No. 2. 2 ��_ �� 4. On August 14, 1995, Johnson sent another letter to Casselman stating that she had failed to comply with the speci£ied actions by the May 15 deadline and extending the deadline to September 15, after which Casselman would "face possible legal action." City's Exhibit No. 4. 5. On September 15, Johnson returned a message from Bob Casselman and extended the deadline to October 1"£or submitting plans and pulling permit." City's Exhibit No. 4. 6. Robert Casselman sent a letter to Johnson on September 29, 1995, statinq that two of the six required changes had been made and enclosing a"site and floor plan." City's Exhibit No. 5. 7. On October 9, 1995, Senior Plan Examiner Tate Halvorson sent Robert and Sharon Casselman a letter informing them that the September 29 submission was not sufficient and detailinq the requirements that remained unfulfilled. Halvorson informed the Casselmans that the Certificate of Occupancy could still not be issued. 8. On August 6, 1996, the Assistant City Attorney sent Casselman a Notice of Violation informing her that adverse action would be taken against her license because the premises were still not in compliance with applicable fire and building codes as of July, 1996. The letter offered to allow Casselman to by pass an administrative hearing. City's Exhibit No. 8. 9. On August 20, 1996, the Assistant City Attorney sent Casselman another letter notifying her that the adverse action would proceed even though Casselman had informed the City Attorney's office that she would be going out of business. The Assistant City Attorney again o£fered to by- pass the administrative hearing, and informed Casselman that the City would seek an award of costs of the hearing "since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with." City's Exhibit No. 9. 3 e1� -'� � � 10. On or about August 23, 1996, Chad Casselman, son of Sharon Casselman, sent the City Attorney a letter advising that Home Sweet Home Antiques was closed for business and asking that the City Attorney "reconsider proceeding with adverse action." This letter was accompanied by a handwritten note fram Sharon Casselman confirming that the business is closed. Ms. Casselman stated that any charges pending for inspection services could be billed to her. City's Exhibit No. 10. 11. The Assistant City Attorney responded to those letters on August 26, 1996, explaining that the adverse action could not be stopped, but offering several alternatives to an administrative hearing. City's Exhibit No. 11. 12. When the City Attorney's Office received no reply to the August 26 letter, it issued a Notice of Hearing setting the hearing for Thursday, October 31, 1996 at 9:30 a.m. City's Exhibit No. 12. 13. Neither Sharon Casselman nor any representative appeared on her behalf at the scheduled hearing. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a licensee if a license was issued in violation of any provision of the Zoning Codes or if the licensed premises do not comply with applicable health, 4 �(�1-�a� housing, fire, zoning and buildinq codes and regulations. St. Paul Legislative Code Section 310.06(b)(3). 3. The Licensee is in default herein under Minn. Rule 140�.600U as a result of her failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations of and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to correct conditions necessary to obtain a Certificate of Occupancy and operated the licensed business without complying with applicable codes and regulations. 6. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy to change the building from residential to business property is a violation of the code. 7. The defense of the licensee in this matter was frivolous, arbitrary and capricious. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council take adverse action against the license of Sharon Casselman by revoking the license and requiring the licensee to pay the costs of the administrative hearing. Dated this 2nd day of December, 1996. � ita A. McConnell inistrative Law Judge 5 �,�_�3�1 Reported: Default NOTICE The St. Paul City Council is requested to serve a copy of its final decision upon the Administrative Law Judge as well as the parties by first class mail. The premises operated by 5haron Casselman under her Second Hand Dealer's license were never in compliance with applicable building and fire codes. The City undertook extensive efforts to inform Casselman of her obligations and to provide her with ample opportunities to correct the deficiencies. These efforts went almost unnoticed by the licensee, who failed repeatedly to respond appropriately to the City's communications. This failure extended even to the administrative hearing of this matter. Since the licensee was well in£ormed of the requirements for her property, and was given ample opportunities to resolve the adverse action without a hearing, both a license revocation and an assessment of costs is appropriate. R.A.M. C7 STATE OF MINNESOTA OFFICE OF ADMiNISTRr1TlVE AEAR(NGS 100 Washington Square, Suite 7700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 December 2, 1996 Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. S�haron Casselman 794 Lincoln Avenue Saint Paul, MN 55105 Re: The Licenses of Sharon Casselman dJb/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear Ms. Palmer and Ms. Casselman: Enclosed for service upon you Findings of Fact, Conclusions the above-captioned matter. ��_7a� please find a copy of the of Law and Recommendation in A copy has also been served this day upon the City Clerk. ,��-Y, � ? C R'ita A. Mc onnell -_-Administrative Law Judge cc: City Clerk Providing 4mpartial Hearmgs for Government and Citizens A n Equ Oppor tunity E mployer Adrninisirative Law SecGon & Administrative Services (612; 341-7600 e TDD No (672j 341-7346 � Fax No (612} 34&2665 G '� a �- `� (b) Class II Iicenses. Where an application for the grant, issuance or reneFCal of a Class II license meets all the requirements of law, and there e�sts no ground for denial, revocation or suspen- sion of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said Iicense in accordance'with the application. (c) CZass I and C2ass II Zicenses, if denied by director. in the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- ments of law' or that there exist grounds for denial, revocation, suspension or othez adverse action against the license or the licensee, the director shall recommend denial of the applica- tion and follow the procedures for notice and hearing as set forth in section 310.05. (d) Class IZI Zicenses. (1) Grarzt, issuance or transfer. Upon receipt of a fully completed application and required fees for a Class III license, and after the investigation required, the director shall notify the council. A public hearing shall be held on the grant or issuance of all Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class TII license, or where the council believes that thue is e�idence which might result in action adverse to the original or renewal application, the direc- tor oa his or her own initiative, or at the direction of the council, shall follow the pmcedures for notice and hearing as set forth in section 31�.�5. Where the appiica- tion for the grant, issuance or renewal of a Class III license meets all the require- ments of law, and where there esists no ground for adverse actian, the council shall by zesolution direct that the director issue such license in accordance with law. (2) Renewat. Tlze director shall in writing no- tify the council, and the affected neighbor- hood organizationCs) established for citizen participation purQoses, at least sixty (603 days before the expiration date of all Class III licenses. A public hearing on the re- newal of any such license shall not be held Supp. No. 33 LICENSES § 310.05 except on the request of a councilmember, which request shall be incorporated in the form of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in aecordance with law. (e) Appeat; CZ¢ss I or Ciass 77 l'uenses. An appeal to the city council may be taken by any - persoa aggrieved by the grant, issuanee oi re- newal of a Class I or Class II lieense; provided, however, that the appeal shall have been fited with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged errors of law. The councii shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the iicensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofaz as is practicable, shall appYy to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decisian was based oa an error oflaw. The filing of an appeal sfiall not stay the issuance of the license. (fl No w¢iaer by renewal. The renewal of any license, whether Class I, II or III, shall nat be deemed to be a waiver of any past violations or of any grounds for imposition of adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § i, 5-21-87; Ord. No, i7551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.E Na 95-473, § 3, 5-3i-95; C.F. No. 95-1517, 1-31-96) Sec. 810.05. Hearing procedures. (a) Adverse ¢ction; notice and hearing require- ments. In any case where the council may or 2027 �� 1 _� a-g" § 310.05 LEGISLATIVE CODE inteads to consider any adverse action, including the revocation or snspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be given noti:e and an opporbi�nity to be heazd as provided herein. The council may consider such adverse actions when recommended by the inspectoz, by the director, by the director of any egecutive department estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is eatitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time ofthe hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepazed and served or mailed by the inspector or by the city attorney. (c} He¢rircg. VJheze there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted 6efore a hearing egaminer appointed by the coun- cil or retained by contract with the city for that purpose. The applicant or the licensee shall be provided aa opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasouable cross-esamination and rebuttal evidence. The hearing esaminer may in its discretion permit other interested persons the opportunity tA present testimony or evidence or othercvise participate in such hearing, (o-l) Procedure; hearing examiner. The hearing examiner shall heaz all evidence as may be pre- sented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse actio�. The council shall consider the evidence rnn- taiaed in the record, the hearing esaminers rec- ommended findings of fact and conclusions, and shalt not consider any factual testimony not pre- viously submitted to and considered by the hear- iag egaminer. After receipt of the hearing examiner s findings, conclusions, and recommen- dations, the council shall provide the applicant or licensee an opportunity to present oral or written arguments alleging error on the part of the exam- iner in the application of the law or interpretation of the facts, and to present azgument related to the recommended adverse action. Upon conclu- sion of that hearing, and after wnsidering the record, the examiner's findings and recommenda- tions, together with such additional azguments presented at the hearing, the council shall deter- mine what, if any, adverse action shall be taken, wbich action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing eacam- iner. (c-2) Ex parte corztacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion cecurs on the record during the hearings of the matter or during the council's finai deiiber- ations of the matter. No interested person shall, with Imowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, ar sm ent or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the ficensee which is the subject of the scheduled adverse hearing, oz a person who has a financial interestin such licensee. (d) Licensee 6r ¢pplic¢nt may be rnpresented. The licensee or applicant may represent himseif or choose to be represented by another. Supp. No. 33 Zp2g �'1- � �"� .� � LICENSES § 310.05 (e) Record; eaidence. The hearing examiner shall receive and keep a record of such prceeedings, including testimony and exhibits, and shall re- ceive and give weight to evidence, including heaz- say evidence, which possesses probative value com- monly accepted by reasonable and prudent persons in the conduct of their a$'airs. (fl Council action, resolutiorz to contain fznd- ings. Where the councl takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is tak- en shall contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Addition¢I procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pra visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specifie reference, Nlinnesota 8tatutes, Chapter 364 and Minnesota Statutes, Sectioa 34QA415. (h} Discretion to hear notwithst¢nding with- dr¢wa1 or surrender of application or Z'uense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted �vithdrawaI or surrender took place after the agplicant or lieensee had 6een notified of the hearing and potential adverse ac- tion. (i} Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license app2icant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. Supp. No. 30 (j) If the council imposes an adverse actioa as deSned in section 310.01 above, a generic notice of such action shall be prepazed by the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective periad af the adverse action. The licensee shall be responsible for taking reasonable steps to mzke sure the no- tice remains posted on the front d�ior of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have heen kept, rental of rooms and equipment necessary for the heaz- ing, and the wst of eapert witnesses. The councff may impose all or pazt of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (n) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sate of drugs by the lic- ensee or employees thereof, and/or the circum- stances under which the violation cecuired were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; tiv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was su�ciently in control of the situation and there- fore could have reasonably avoided the vioIation, such as but not limited to, the nonpayment of a required fee or the failure to renew requiied in- surance policies; (vi) the vialation is covered by the matrix in section 40926 of the I.egislative Code; or (vn) the violation involved the sale of cigazettes to a minor. (1) Imposition of �Znes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such 2029 ��_�� § 330.05 LEGISLATIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. 2b the extent any other provi- sion of the Legislative Code provides for the im- position of a fine, both provisions shall be read together to the extent possible; provided, howev- er, that in the case of any con9ict or inconsistency, the other pmvision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 9446, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, § h, 5-31-95) Sec. 310.06. Revceation; suspension; adverse actions; imposition of condi- tions. (a) Council may take aduerse acti.on. The coun- cil is authorized to take adverse acLion, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- aGed for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to ttte hearing before the council. Such actions shall be initiated and earried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used tA initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which aze in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3} 'The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola= tion of law, rvithout authority, or under a material mistake of fact. (5) The licensee or applicant has fa�7ed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be ixn- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonabiy related to the licensed activity, regardless of whether criminal charges have or have nat been brought in connection there- with; b. The licensee or appIicant has been con- victed of a crime that may disquatify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- faze, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. No. 30 2030 $ 3I0.05 LEGISLATIVE CODE � � � �� amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of othez adverse action in the sole discre- tion of the council. Tb the extent any other proci- s3on of the Legislative Code pro�ides for the im- position of a�finE-, both pro�zsions shall be read together to the extent possible; proti�ided, hovicev- er, that in the case of any conflict or inconsisteacy, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. l r551, § 2, 419-58; Ord. Na. 17559, §§ 1, 2, 5-17-88; Ord. I�TO. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10.92; C.F. ?�o. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.E I�TO. 941340, § 2, 10-19-94; C.F, ?�o. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may take adverse action. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the LegisIative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shalI be initiated and carried out in accordance witfi the procedures outline in section 310.05; pro��id- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured 6y mis- representarion of material facts, fraud, de- ceit or bad faith. t2) The applica�t or one il) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violatioa of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable heaith, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. T'he licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- aance or regulation reasonably related to the licensed activity, regazdless of whether criminal charges have or have not been brought in connection there- with; b. The licensee or applicaat has beea con- victed of a crime that may disqualify said applicant from hoiding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- soa whose conduct may by law be im- puted to the licensee or applicaat) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from wMch aa infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity createfl or have created a serious danger to the public heaith, safety or wel- faze, or the licensee performs or has per- formed his or her work, or activity in an unsafe manner (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. A*o. 30 ZQ$� i LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) T$e licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to D'Iinnesota Stat- utes Sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreat- ment of a child as defined in Minnesota Stat- utes Section 626.556, su6divisions 2 and 10e, including, but not limited to, acts which con- stitute a violation of Minnesota Statutes Sec- tians 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or en- dangerment of a child as de&ned in Minne- sota Statutes Section 626.557, subdivisian 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or baz- ter of a controlled substance as defined in Minnesota Statutes Chapter 152;the pos- session of a controlled substance as defined in Minnesota Statutes Chagter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alca hol or other drugs, that such lieensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior ap- provat of the city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 30 2031 °�,� � 2-�' § 310.06 (12) The licenses or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ea parte contact with a council member as pro- vided in section 310.05(c-2) of the I.egisla- tive Code. `I`he terms ."licensee" or °applicant" for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for actic�ities entitled to the protection ofthe FirstAmendment, notwith- st2nding the foregoing provisions, neither the iack of good moral character or fitness of the licensee or applicant nor the content of the protectec} speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of reason¢ble conditions ¢ndlor restrictions. When a reasonabie basis is found to impose reasonable conditions andior restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions anrUor restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reason- able conditions andlor restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sicJ particular type of activi- ties may be conducted; (3) A limitation as to the means of ingtess or egress from the licensed establishment or its pazl�ng iot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; § 310.06 (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establ:shment will harma nize with the chazacter of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the license holdeg or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) Standards for muttiple Zicense determin¢- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1) The nature and gravity ofthe grounds found by the council to exist upon which the ad- verse action would be based; (2) The policy ancUor regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and determined by the eouncil; (3} 'Phe interrelationship of the licenses and their relative ixnportance to the overall busi- ness enterprise of the licensee or applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; LEGISLATIVE CODE �� $' (5) The extent to which adverse action aga;,,cr less than all of the licenses or applications would result in difficulty in enforcing and monitoring the adverse action taken; (6) The hardship to the 7icensee or applicant that would be caused by applying adverse action to aIl licenses or applications; and (7) T'he hardship andlor danger to the public, or to the public health and welfaze, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No.17584, § 1, 8-25-88; Ord. No. 17657, §]5, 6-8-$9; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-1492; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; G.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; G.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insuraace contracts. (a) Automatic terntination, reinst¢tement; rn- sporxsibility of licensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said poticies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guaran- tees, bonds or certifieations as aze required in tliese chapters, and shall not 6e entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos- its, bonds or certifications within tturty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30} days, the appli- cant must reappiy for a renewal of his license as though it were an original application. (b) Bonds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- Supp. No. 30 2032 § 310.15 LEGISLATIVE CODE definition in section 310.01, shall for the purpose of this section include the individual partners or members of any paztnership or corporation, and as to corQorations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 51015) Sec. 310.16. Reserved. Editor's aote--Section 310.16, certaiaing to license fees and annual inczeases, and derived from Ord. No. 16885, adopted Feb. 11, 1952; Ord. \o. 17059, adopted Oct. 20,1983; and Ord. No. 173Q3, adopted Oct. 29, 1955, was zepealed by Ord. No. 17884, § 1, adopted'Qov 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertainment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazking lot or other azea adjacent to (or under the lease or control ofl the licensed premises, and which act or eonduct violates any state or federal statutes or regula- tions, or any city ordinance, shail be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14 and 410,09 of the Legislative Code, this section shall be controlling and prevail; but shall not otherwise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-32-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees are hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.Q9(a) or 31Q.09(d) of the Legislative Code with respect to exempt orga- nizations or Iate fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the oflice of the director of the office of license, inspections and environmental protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the egisting fees paid, or due 8IIC1 OWing. (a) ENFORCEMENT LEVEL 1 ChapterlSec2ian No. License Description Fee 167 Commercial Vehicle $66.00 198.04 Keepiag of animals (Exotic Pets) 66.00 316 Animal Foods Managemeat & Dis- tribution 66.00 317 Amusement Rides 66.00 323 Christmas'lYeeSales 66.Op 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66.00 332 Liquid N�el Ve}vcle 66.00 333 Solid Fuel Vehicle �_pp 336 Private FS�ei Pump 66.00 340 Mercantile Broker 66.00 345 Peddler (SoliciWrllYansient) 66.00 348 Rentsl of Clothing & Uehicle � � 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospita] Equipment 66.00 350.02 Reatal of Hospital Equipmeat Ve- hicle 66.00 351 Reatal of Kitchenwaze 66.0p 353 Roller Rinka 66.Q0 355.01 Secondbaad Dealer- (a) & (b) Single I.ocation 66.00 357.03 Refuse Hauler-Each Vehicle Over ��e fi6.00 359 Sound 1Yucks & Broadcast Velv- cles 66.00 371 Finishing Shop 66.00 361.14 Tow 15vck/Wreckes Vehicle 66.00 362 Tree 1Yimmer-Additioaal Vehicle 66.00 372 Tire Recapping Plant 66.00 37616(d) 1'axicab Driver (new) 66.00 377 Lawn Fertil'uer & Pesticide Ap- plication 66.00 3S0 ', TanningFacility 66.00 3S2 Pet Grooming 66.00 409.11 Outdoor Change in Service Area 66.00 412 Massage Center (Class B) 66.00 414 Massage 1'herapist 66.00 424.02 Gasoline Filling Stations 66.00 Supp. Na. 33 2Q$6 � CITY OF SAINT PAUL Norm Cole»mn, Mayor September 20, 1996 Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 �L..._. °5 S�P 25 f��i�i i�.�. i NE„�.. OFFICE OF THE CITY ATTORNEY Trmotlry E. Marx, Ciry Attorney �`Z - �J 2-� Civi! Division 4 0 Ciry Hall Telephoxe: 6I2 266-8770 � ��-�' 7�est Kellogg Btvd. Faaimrle: 61 S 298-5619 Sa"vrt Paul, Mixnesom SSIO2 Re: All Licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques for the premises located at 941 Grand Ave., St. Paul Our File Number: G96-0301 Dear Ms. Casselman: ti Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, October 31, 1996 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 West 4th Street Saiat Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Aclministrative Nearings: Name: Rita MeConnell Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, NII�T. 55401 Telephone: 961-7770 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310�05 �C� -� `��' and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: A review of the records from the Building Inspection and Design section of the City of Saint Paul indicates that you are in violation of orders issued by the Saint Paul Fire Department in connection with the change in occupancy at 941 Grand Aven�.xe £rom residentiai to commercial. You were notified by a letter dated April 10, 1995 that in order Co secure a Certificate of Occupancy you would need to comply with six requirements set forth. The deadline of May 15, 1995 has been extended twice, but as of July 1996 you were still not in compliance with the appli.cable fire and building codes. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing wi11 be conducted in accordance with the requirements of Minnesota Statutes sections 14.5'7 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish �o present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a subsCantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas Notice of Hearing - Page 2 �1 � - �'� 8" may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. I£ you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to•appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice shall be taken as true. Tf non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, l � / ` / /; / � `(� 4"C('/�'2LG� `./ ��%Y� \ U Virginia D. Palmer Assistant City Attorney cc: Sharon Casselman c/o Chad Casselman, 794 Lincoln Ave., St. Paul, MI3 55105 Judge Rita McConnell, Office of Administrative Aearings, 100 Washington Square, Suite 1700, Mpls, Mi3 55401 Nancy Thomas, Office of Administrative Hearirags, 100 Washington Square, Suite 170�, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 Notice of Hearing - Page 3 � "� P� OFFICS OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License of Sharon Casselman, d/b/a Home Sweet Home Antiques 941 Grand Avenue RINDINGS OF FACT, CONCLIISIONS AND The above-entitled matter came on for hearing before Rita McConnell, Administrative Law Judge, on November 1, 1496, at 9:30 a.m. in Room 1504 of the City Hall Annex, 25 W. Fourth Street, Saint Paul, Minnesota, 55102. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Blvd, Saint Paul, Minnesota, appeared on behalf of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). There was no appearance on behalf of the license holder. This report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record, which may adopt, reject or modify the Finding of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code �310.05(c)(1), after receipt of the Report, the City Council shall provide an opportunity to present oral or written argument alleging error in this lteport and to present argument related to any recommended adverse action. The parties should contact the City Clerk to ascertain the procedure for filing such argument or appearing before the Council. STATEMENT OF ISSUE 1. Whether the licensed premises fail to comply with applicable health, housing, fire, zoning and building codes and regulations? FINDINGS OF FACT 1. Licensee, Sharon Casselman, d/b/a Home Sweet Home Antiques is located at 941 Grand Avenue, Saint Paul, Minnesota, and holds a Second Hand Dealer - Single Location license, License ID #61881. 2. In December of 1994 Sharon Casselman was sent a letter from a building inspector informing her that the approval of a Certificate of Occupancy for the building would require completion of an attached Corrections List. The attached list required her to contact the Building Inspection and Design Division regarding the change in occupancy from R-3 Residential to B-2 Business. 3. On April 10, 1995 Licensee was sent another letter from building inspector Greg Johnson regarding the change in occupancy from residential to business at 941 Grand Avenue. The letter � �1 -� a--P' outlined what actions were necessary to obtain a Certificate of Occupancy, and gave a deadline of May 15, 1995 to comply with the requirements. 4. On August 14, 1995 Johnson sent another letter to licensee stating that she had failed to take the neaessary actions to comply with the change of occupancy classification, and offering to extend the deadline to September 15, 1995. 5. A handwritten note on the same letter indicates that Johnson extended the deadline for compliance to Ootober 1, 1995 in a September 15, 1995 telephone call. 6. A letter dated Septemher 29, 1995 was sent to Inspector Johnson from Robert Casselman, attaching site and floor plans and indicating that two of the requested changes had been made. 7. On October 9, 1995 a letter was sent to Robert and Sharon Casselman outlining some of the concerns still in existence, and again stating that a Certificate of Occupancy could not be issued until all zoning and building code requirements had been met. 8. A Notice of Violation was served upon Sharon Casselman by letter dated August 6, 1996, informing her that adverse action was going to be taken against her licenses for non-compliance with the applicable fire and building codes. 9. A letter dated August 20, 1996 was sent to Ms. Casselman notifying her that the City intended to request reimbursement for the costs of the administrative hearing since there appeared to be no dispute that the Certificate of Occupancy was not issued because the building code requirements had not been met. That letter was served upon Sharon Casselman by mail at both her business and home address. 10. A letter dated August 23, 1996 was sent to the Saint Paul City Attorney's Office stating that Home Sweet Home Antiques was closed. The letter had Chad Casselman's name aC the bottom, but was unsigned. 11. A handwritten statement signed by Sharon Casselman was received by the Saint Paul City Attorney's Office on August 23, 1996 also stating that the business was closed. 12. A letter dated August 26, 1996 was mailed to Sharon Casselman explaining that closing the business did not terminate the adverse action process. 13. A Notice of Hearing was served on Sharon Casselman at the business and at her residential address informing her that a hearing would be held on Thursday, October 31, 1996 at 9:30 a.m. in Room 1504 of the City Hall Annex. 14. Sharon Casselman did not appear at the hearing, and no one appeared on her behalf. 15. The Office of License, Inspections and Environmental Protection is requesting that the license issued to Sharon Casselman, d/b/a Home Sweet Home Antiques be revoked, and that the licensee be required to pay the costs of the administrative hearing. CONCLIISIONS 1. That the Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. �14.55 and Saint Paul Legislative Code §§31�.�5 and 310.06. The Notice of Hearing issued by the City was proper and all applicable substantive procedural requirements have been fulfilled. 2. Saint Paul Legislative Code §310.06(b)(3) allows adverse action to be taken against a licensee if a license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. 3. The license issued to Sharon Casselman d/b/a Home Sweet Home was issued although the premises were in violation of the building and fire codes, and the licensee failed to correct the conditions necessary to obtain a Certificate of Occupancy. 4. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy for the change from residential to business property is a violation of the code. IT IS HEREBY RECOMMENDED that the Saint Paul City Council take adverse action against the license of Sharon Casselman, d/b/a Home Sweet Home Antiques, revoking said license. It is further recommended that the licensee be required to pay the costs of the administrative hearing. Dated this day of November, 1996. Rita McConnell Administrative Law Judge NOTICE Pursuant to Minn. Stat. §14.62, subd. l, the City Council is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. �� _-� a-� OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CO'[7NCIL OF TIiE CITY OF 5AINT PAUL In re the Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue CITY'S PROPOSED EXHIBITS October 31, 1996 TO: Judge Rita McConnell, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on October 31, 1996. Exhibit No. Exh, No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Description Letter from Fire Inspector Dave Bergman to Sharon Casselman, dated December 30, 1994 (2 pp. ) ; Letter £rom Building Inspector Greg Johnson to Sharon Casselman, dated April 10, 1995 (2 pp.); Inspection Report, Sign Permit, issued May 24, 1995 (2 pp.); Letter from Building Inspector Greg Johnson to Sharon Casselman, dated August 14, 1995 (1 p.); Exh. No. 5 Letter from Robert Casselman to Inspector Greg Johnson, dated September 29, 1995 with attached 3 pages of site and floor plans and General Building Permit dated September 20, 1995 (5 pp.); Exh. No. 6 Letter from Senior Plan Examiner Tate Halvorson to Robert and Sharon Casselman (3 pp.); �1 � � � Exh. No. 7 Exh. No. 8 Exh. No. 9 Exh. No. 10 Exh. No. 11 Exh. No. 12 License information re Sharon Casselman d/b/a Home Sweet Home Antiques (1 p.); Notice of violation, dated August 6, 1996 with Affidavit of Service (3 pp.); Follow-up letter from City Attorney's Office to Sharon Casselman, dated August 20, 1996 with Affidavit of Service (3 pp.); October 23, 1996 letters from Chad Casselman and Sharon Casselman (2 pp.); Letter from City Attorney's Of£ice to Sharon Casselman, dated August 26, 1996 (2 pp.); Notice of Hearing, dated September 20, 1996, with Affidavit of Service (4 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code § 310.05 § 310.06 § 310.17 Respectfully submitted this 31th day of October, 1996. :./ , � \ 1 �ix2lt Virgi D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 � CITY OF SAINT PAUL Norm Co(emars, Mayor DECEMBER 30,`_;1944 DEPARTME OFFIKE�AND'�AFEI'YSERVIC� Timofhy K Fu17er, Fire Chie/ DIVISIONOFFIREPREVENTION �'t l —� �� Steven Zaaa�E, Firt Marshal 1 DO East Eteven[h Sireet Telephane: 672-228-6230 Saint Paut, MN 55101 Facsimiie: 612-228-624I ��Y�� ( r � �!C 7 �� 1i�7� k . � �: SHARON CASSfiL�MAN 794 LINCOLN AVE SAINT PAUL MN 55105 RE : Re-Inspection for Cerfificate of Occupancy with Corrections 441 GRAND AVE No . o£ Units : Dear Property Representative: On DECEMBER 28, 1994, a Certificate of Occupancy re- inspection wss made of your building at the above-property location. Approval ior occupancy will be granted upon completion of the attached Corrections List. The items on the liat must be corrected immediately. A re- inspection will be made after SAN[JAR1' 30 1995, or as otherwise noted. Failure to complete the correc�ion� may result in the revocation of. the Certi�icate af Occupancy, or a citation. Failure to maintain a Certi�icate of Occupancy is a violation of the Saint Paul LegiE'_ative Code. For inquiries about orders call me at 228-6238 between 7:30 a_m. and 9:00 a.m. Corrections requiring construction, electrical, plumbing, heating, sprinkler or gas piping work must be done under pexmit ancl with the approval o£ the Building Inspection and Design Division, 350 St. PeCer Street, Suite 310, Saint Paul, Minnesota 55102, (266-9001). Please help to make Saint Pau1 a safer place in which to live and work. Sincerely, o�--� a � pi. C DAVE BERGMAN Inspector Attachment(s) CORS-4 � � In Re the License of Sharon Casselman .—' d/b/a Home Sweet Home Antiques —' -..r City's Exh. No. 1 � > .� v'� �� 3or ��DEFICIENCY/CORRECTION LIST _ „•_;��= R 30, 1994 .� 2 ' 441 GRAND AVE :?'a: '_ _ ' � ' ' __. _ '" '- - _ . CONTACT BUILDING INSPECTIOI3 AND �. DESIGN DIVISION AT 266-9001 REGARDING CFIANGE IN OCCUPANCY FROM R-3 RESIDENTSAL TO B-2 BUSINESS. 38826 � � _� � � 62.101. s ° .l ' CITX OF SAINT PAUL A'orm Coleman, Ma��or April 10, 1995 Sharon Casselman 794 Lincoln Avenue St. Paul, MN 55105 OFFICE OF UGE�SE, INSPECTIO;�S AXD ENVIRO:.'1�1E�`TAL PROTECTI04 Robert Kessler, D+rcc+os BUILDI.n'G I�SP£C770NMD DES1G V 3�Q St Peter S+reer Suite 3� Scint Pmd, d9inneso+a SS70?-1510 RE: Change of Occupancy at 9?1 Grand Avenue Dear Ms. Casselman: c' � '` ,'�-5' 7dephone: 61= ?6G9090 facsimilr. 61 ?-?66-4999 on December 30, 1994, you were issued orders by Inspector Dave Bergman of the St. Paul Fire Department Division of Fire Prevention to contact our office regarding the change from residential to commercial occupancy at 941 Grand Avenue. To comply with local building, legislative, and zoning ordinances; and to secure a Certificate of Occupancy, you must: 1. Provide for our review a site plan reflecting the location and size of handicapped accessible and regular parking spots. 2. 3. � Provide a plan for a handicapped accessible site approach. Provide a plan for the replacement of the concrete steps between Grand Avenue and the building. Comply with business signage requirements of the zoninq code. 5. Obtain a building permit betore proceeding with construction of the parking area, site approach, and steps. 6. Provide a floor plan for each level of the building with a description of its intended use. You must comply with these requirements by May 15, 1995. \. � � In Re the License of Sharon Casselman — d/b/a Home Sweet Yiome Antiques City's Exh. No. 2 . -_d Apri1 10, 1995 a i�� Page 2 Re: �4]. Grand Avenue In addition, any Puture interior renodeling will necessitate compliance with building code requirements for accessible restrooms. I will be glad to answer any questions that the enclosed inforrational naterial does not nake clear. You may contact me at 266-9029 betc•�een 7:30 and 9:00 a.n. I�ionday through Friday. Sincerely, � / � Greg oh son Buildi Inspector GJ/cjg cc: Tate Halvorson Jan Gasterland - Larry Zangs ti .� J � r OFFICE OF LICENSE, INSPECTIONS and ENVIROI3MENTAL PROTECTIOi3 (� BIIILDING INSPECTION AND DESIGN ��► #502426 SlGN 941 Grand Ave I N S P E C T I O N R E P O R T SIGN PERMIT Type of Work: New Contractor: owner Job Valuation: Phone: 612-222-2940 / Owner $200.00 Estimated Start Date: 05J24/1995 Completion Date: 05/24J1995 �� Iaspector: Josegh G. Dabe, Jr. Date Issued: 05j24j1995 This permit is for the followinq Sign(sj: Type Quantity Square Feet Width Length Aeight Wall 1 17.3 1.0 11.0 0.0 qround sign to run parallel to Grand Ave Total Signaqe(Sq.Et.): 17.3 Existing 0.0 Allowed ip0.0 Street Frontage is 50.0 Lot Dimensions: Width 50 Length 150 SONING 21�iE'ORMATION: Reviewed by: Ed Locke on O5/24/1995 Zoning District: R-2C PLAN REVIEA INFORMATTON: Reviewed by: Ed Locke on 05/24/1995 COMMENT: Special Sign District Approval/FL#EEL( �.t,-a.�.,t 6/G/�S' Owner: Robert Casselman 941 Grand Ave St. Paul, MN 55105 Owner Phone#: 612-222-2940 � �� In Re the License of Sharon Casselman J — d/b/a Home Sweet Home Antiques City's Exh. No. 3 Permit Fee . Penalty Fee . Other Fee . Plan Check Fee : State Surcharge: Total Fee . 25.00 0.00 0.00 0.00 0.00 25.00 .s Address: 941 Gzand Ave Foundation Frame Final Permit#: 502426 Notes , ,_ e °l � -��' � � � � � � x � � � #. � � �-. z y s ' k d � � t O � i� i � i -- r � � `� b ' i !�� m r t`' � , . � L G H �ri+Rl+Qs D T � °��'�-�� In re the License of Casselman, d/b/a Home Antiques State of Minnesota County of Ramsey Sharon Sweet Home l ) ss ) Your Affiant, Kristina Schweinler, duly states upon oath_ 1) That she is a Senior License Inspector with the Of£ice of License, Inspections and Environmental Protection for the City of Saint Paul. 2) That she has reviewed the files regarding the license of Sharon Casselman, d/b/a Home Sweet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. 3) That the licensee received a Second Hand Dealer's License, Single Location £or the premises at that address. 4) That the license was issued although the premises were in violation of building and fire codes, and no Certificate of Occupancy was ever issued. 5) That the occupancy of the building changed from residential to B-2 Business, and the change required compliance with certain building codes and a Certificate of Occupancy. 6) That the recommendation of the LIEP office is for revocation of the license because of the continued failure of the licensee to abide by timelines to make corrections necessary for issuance of the Certificate of Occupancy. 7) That the LIEP Office also requests reimbursement for the costs of the administrative law hearing based upon the fact that there was no dispute that the licensee was in violation of the building codes and failed to make an appearance at the hearing or to make arrangements which would make a hearing unnecessary. FURTHER YQUR AFFIANT SAYETH NOT. t i � � �� DA2'ED : tt � i� c 1 �o �l �–��^�"�-�.-�J� K�istina Schweinler �� In Re the Licenses of Sharon Casselman d/b/a Home Sweet Home —� City's E�. No.13 I. � Z S RITAR9.BOSG^�p 2 • � " NOTARYPUBLIC-Nf,:�.ESOTA s RAMSEY COIINTY � MY�m.ExPiresJan.37.2000 ~ _� OFFICE Of LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roben Kessleq Directo� cr r� -7 � S' CITY OF SAINT PAUL \brm Colenran. .ilaror LOfiRY PROFE55/O�AL BUlLD)�'G Suiie 300 350 St Peter Street Saint Pau7, Minneso�a 55/01-J510 G-t5-45 �-�� August 14, 1995 Sharon Casselman 794 Lincoln Avenue St. Paul, MN 55105 �n r�y -i� �.ner ��"�-c�P�'�' � Svb�n.kk�� ela.v��i RE: 941 Grand Avenue Dear Ms. Casselman: �h h�5 Oc� � � Te(ephane: 617-166-9�90 Fncsimile: 612-766A099 6/1-166-91?J C.�xe,l�r� �o�c.� �.�1. �� .Il� �� ✓,�,,k , � I issued orders to you in a]etter dated April ]0, 1995 regarding specific actions you must take relevant to the change of occupancy classification at 941 Grand Avenue. You have failed to comply by the deadline date of May I5, 1995. I am willing to extend your deadline to September 15, 1995, however you must comply by that time or face possible legal action. To aid you, I am enclosing a copy of the original written orders. I am available between the hours of 730 and 9:00 am weekdays to answer any questions you may have regarding this matter. You may reach me at 266-9029. Sincerely, J�� Greg ohns n Buildine spector GJ:aw �� —� In Re the License of Sharon Casselman J — d/b/a Home Sweet Home Antiques City's Exh. No. 4 ' 6 ��_�2� September 29, 1995 Mr. Greg Johnson, Building Inspector City of St. Paul 350 St. Peter St.; Suite 300 Saint Paul, MN 55102-1510 RE: 941 Grand Avenue Dear Mr. Johnson: The sign was changed last spring and the concrete steps and front walks have been replaced. Attached are the site and £loor plans as requested. Sincerely, ! C.e-�t�T �� Robert Casselman 794 Lincoln Ave. St. Pau, MI1 55105 � � In Re the License of Sharon Casselman � — d/b/a Home Sweet Home Antiques —'' City's Ezh. No. 5 ! �u�� suxsv�t�ru C�Pbb AVG JUB Norti� vl � E Site f'San ,��,�,� s . , ; r �� .� , - , � , `.- - - . ,�` i` .-� % = �.- � ,: � �� . _ �„- -- i .. � �� i' �� . _` ir '� ,.-, r ' � "� / ` . , :� . �' �• / f � ' ( [_�J . wA - . � � 4" / ' / ' / i ` �� /. � i _ r : // / �`�`�-- �� ,- ' r / �/� �� % - .i' i' _. / • /`� ' � , , /+! � `�. ;-- .;r= . .,� �. ��'`: .. �' ` F �� j ' � � � � � __ ��_ � �. �' �.,... �- � � � C �,__ -- ; - . _� f r �� !' � 0 n�� J °��PZEa _ S�coN � �Lov2 PLAt�1 __ , ==°,.; � littvttiHL tSU1Llli(VCi F'tFiMiT „ , ' -_- � - . CITY Of SAINT PAUL � - ' � CITY OF SAINT PALTL t OFFICE OF LIC&'�SE. INSPECitONS AND � - ENV[RONME.*1TAL PROTEC770Y I BU(/lJ//.'G LtiSPECI70NAND DESIGN � 95Q Sr Perer Stree� - Sui�e 300 � P�mrt No. W� Saint PauL .Lfi�mrtora 5510?-/5/0 6/2-266-5090 �� /� RC F�,'On1'C 3lC-r'S PLAN NO. DESCRIP710N OF PROJECT DATE qta0I ' OWNER ROt3GRT CAet� v „q,� OWNERSADDRESS � L�CCw .t�E gs-_ �,�„� ❑ OLD TYPE OF ❑ NEW TYPECONST. OCCUPANCY GRADING STUCCO OR ❑ BUILD ❑ AND EXC. ❑ PLASTE¢' ❑ DRYWA�L ❑ FENCE ❑ ADDITION ❑ALTER ❑REP�R ❑ MOVE ❑ WRECK M1UMo'c'P. S7n^_°ES . S1DE CFOeecraccT< q�i\ GRAUD WARD l07 B' WIDTH LOT STRUC- TURE ESTI � ��•d0 DETAI�S 6 AEMA�. �� Lcc'ti nc �t1cT /� i�v<�� % AACNiTEGT CONTRACTOq MASONRY PERMIT FEE N � MTLTOU SIOE LOT AD BVILDING WIOTH t,ENGTH HEtGHT STOflifS VAWE BASEMENT TOTAL FLOOR AREA ❑ YES � NO 5�, fT. 4NCLlfDEBASEMENT KS: VLAN CHECK STATE SUACMARGE TOTAL FEE APPLICAN7 CER71FIE5 THAT At,L IN- FOFMA710N IS CORREC7 AND THAT ALL PERTINENT STATE REGUTATIONS AND CITY ORDINANCES WILL BE COM- PL�ED WITH IN PERFORMING TME WORK FOA WHICH THIS PERMIT IS ISSUED. "-�' ,$�,�� AVTHORREDS�GNATURE 7/% ��(�' ; G� _ �; " .� � -yc : -9 ., c ADDRESS b ZIP STATE Y0.LUA n 3 �� s ��v ' � �� Dr-�' � " O CASHI� E ON�Y . WHEN VA�IOATED THIS IS YOUN PERM sr. coae _ ADDRESS OF JOB OFFiCE OF LICENSE, iNSPECTIONS AIQD ENVIItpN1�ffN'[qL pROTFC770N '� � � Robest Kersler, Director j ] � ..� CTTI' OF SATNT PAUL /V �j ' � IAWRY PROFESSIONAL Telephone: 612-266-9090 Nosm Colemart, Mayor . Y _ 1 BUlLDlNG Facsimi(e: 612-266-9099 � � / �� Suire 300 612-266-9/24 I � � 350 St. Peter Sveet SaintPaul, Minnesota 55702-I510 i ti �� 3 -'i -9 ce i et� ��t� C-8�e'�f;�t �� .0 �ra�3 t�e� +�a�l- ne�� er� la�:� s 0 �et-§�� o�\d. -s-sl.Cr ti�s ��ke. a�rjo�l�' ,�-, �le Robert�Sharon Casselman Q `�\ '��'{�'�"} �'� ��October 199�� 794 Lincoln Ave. �A�y �� — ��'�J; �Od'� Saint Paul, I�AT 551�5 Mr. and Ms. Casselman; Your property at 941 Grand Ave. has been under Fire Prevention Orders since December of 1994 to correct existing deficiencies that preclude your obtaining a Certificate of Occupancy (C of O). These deficiencies are a result of a change of use and occupancy without the proper approvals and permits from this Office. On April 10, 1995, the Area Inspector, Greg Johnson, sent a letter outlining the specific information that we needed in order to review the projeCt and determine what must be done to gain compliance with City, State, and F�ederal Laws and enable us to recommend issuance of a Certificate of Occupancy to Fire Prevention Staff. (It is my understanding that Greg has, again, extended the deadline for compliance to this past October lst.) On October 2nd, we received an extremely short letter and attachments that addressed some of the issues involved but clarified very little. We believe it is very much preferable to take a straightforward approach to problems such as this; gather the facts and information together, meet with appropriate City Staff and discu5s ALL the issues in proper context, come to agreement, issue permits, perform the work, etc. It seems clear, at this time, that a piecemeal approach has already led to problems and potential liabilities associated with the property. I would like to return to Greg's six points in April lOth letter and further explain our concerns and re£erence your responses, as I know them. Item 1.- "Provide for our rev'iew a site plan reflecCing the location and size o£ handicapped accessible and regular parking spots.' A. The small site plan that was submittefl indicates 2 normal parking spaces which are "stacked^ or aligned so that they would function as only one space. a. The accessible space is shown as 12 feet wide, this meets the requirements of Minnesota Law but does not meet the requirements of the Federal Americans with Disabilities Act which requires the lst accessible space in a parking area to be 16 feet wide for van- accessibility. C. The accessible space must have a State approved sign which includes the `Up to $250 fine £or violation" statement. Item 2.- °Provide a plan for a handicapped accessible site approach.' The •Ramp" to the rear entrance is indicated as a 1:20 slope which is appropriate for site access. However, there is no information or indication of whether this is merely a sidewalk on a sloping grade or a � � In Re the License of Sharon Casselman ' — d/b/a Home Sweet Y�ome Antiques —; City's Exh. No. 6 ' raised structure which will require construction drawings. See also item 6 below. xtem 3.- ^Provide a plan for the replacement of the concrete Q�'1 steps between Grand Avenue and the building." One of the enclosures in your letter is a copy of a Building Permit application, partially completed, for rebuilding the "front steps'. The application has notes, by our intern-TOdd Benson, indicating that this was an application for the steps, directly on the ground, near trie front sidewalk. The application indicates that no permit is required £or this type of work and strictly speaking that is correct. However, since there was no indication of the type of occupancy on the application and no other work indicated, I do not know the extent of the discussion. We talk to many thousands of customers every year and without full knowledge of the circumstances surrounding proposed work it is extremely difficult to assist in code compliance. If this proposed work had been presented in the larger context of code compliance for a change of occupancy we could have made clear the requirements for steps to a commercial property and just included it in the overall permit. In that case our Plan Examiners and the Building 2nspector could have assisted you in your obligatioa to meet code requirements. The following is my knowledge of the construction that was performed and the associated code requirements: A. A commercial stair may have a maximum riser height (vertical step height) of 7(seven) inches. The stairs that were constructed vary from 7-1/4 inches to 7-5/8 inches (except as noted in D below). B. The minimum commercial stair tread width is 11 (eleven} inches. S do not know if this requirement was met. C. Co�nercial stairs require at least one handrail; no handrail has been provided. There are size, height, and grippability standards for handrails. D. Regardless of the type of stair, all stairs must have risers which do not vary more than 3/8 of sa iach between the smallest and largeat riser. This stair was constructed with all risers in the 7-1/4 t0 7-5/8 inch range EXCEPT THE SOTTOM RISER WHICB IS ONLY 3-5/8 INC$ES HIGHl. This is a serious code violation; a serious tYipping hazard, and a serious potential liability for you as property owners. E. The question of whether accessible access from the Grand Ave. public way to your business was feasible and reasonable was probably not fully addressed and certainly not documented. This, potentially, leaves you, as property owners, open to complaints and/or lawsuits under the Federal Americans with Disabilities Act. item 4.- The Building signage requirements have apparently been corrected. 2tem 5.- "Obtain a building permit before proceeding with construction of the parking area, site approach, and steps." See all of the above aad belom. xtem 6.- "Provide a floor plan of each level of the building with a description of its intended use." The submission with your September 29th letter included ONLY 2 COPIES OF THE 2ND FLOOR PLAN (!] with colored hatching indicating •occupied-furniture". No other floor plans were included; no scale, dimensioning, or other details were provided. To note SOME, HIIT NOT NECESSARILY ALL, OF T8E CONDITIONS TBAT WE ARC CONCERNED ABOVT: A. sasemeat: Is the basement being utilized for retail or storage area? If the basement is used for more than just 'service• of the building it may need to be "sprinklered•, may need a fire separation between it and the lst floor, and, if it is used for retail, two exits will be required. B. lst Floor: 1. Accessibility: From the accessible site approach, an accessible door must have 31• (State, 32" Federal) clear opening width, "latch•-side clearance for approach, lever hardware if the door is latching, and direct access to the main retail level. If a vestibule is �� 0 � provided or if other walls restrict maneuver, modifications may be �y required to achieve accessibility. � 2. Does the front entry area meet the Euilding Code for � � stairs, landings, handrails, and other concerns? Does it meet the v � I requirements of the Federal P.mericans with Disabilities Act? 3. Is there a restroom on the lst floor? Is it being remodeled now or in the future? Sf no restroom is existing, when will an accessible restroom be provided? NOTE: We fully realize that it is oftea difficult to initially provide an accessible restroom in this type of conversion. Therefore, we have usually allowed an existing non-accessible restroom to suffice for small shops until the owner wishes to remodel them. S£ no restroom exists on an accessible level, then it is best that we establish an agreement and timeline for the £uture construction of, at least, a single, uni-sex accessible restroom. These types of considerations are always subject to citizen or prospective employee complaint under the Federal ADA. (We currently have no legal right to en£orce or make determinations regarding the ADA. We do, however, attempt to advise customers of the requirements and assist in compliance) 4. Do the walls, openings, fixtures, and furniture provide appropriate access and exit travel •paths"? 5. Location of fire extinguisher? C. 3rd Floor: Is there a 3rd floor? If so, is it utilized for occupancy or storage? Final Zoning and Building Code Approvals must be given, by this Office, before a Certificate of Occupancy may be issued by Fire Prevention. Based on the infoxmation I have, it does not appear that any other significant problems (or charges, such as the Metropolitan Waste Coimnission's Service Availability Charge) exist. It is unfortunate that a leCter such as this, especially this length (!), is necessary, but I wanted to be sure you understand our concerns regarding this change of occupancy. Obviously, the Business License you received was issued without realizing that it was a change of use. If this matter can not be resolved in the near future, your occupancy of the building as a business and the license could be in jeopardy. Sinc T� Halvorso Senior Plan Examiner enc: Casselman letter 9/29/95 cc: Dave Bergman, Fire Prevention Greg Johnson, Building Inspector File Lic ID ................... 61881 STAT ..................... AC Business Name............ CASSELMAN, SHARON Address .................. 941 GRAND AVE Zip ...................... 55105 Doing Business As........ HOME SWEET HOME ANTIQUES License Name ............. SECOND HAND DEAI,ER-SINGLE LOCATION Exp Date ................. 10/12/96 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 4246168 227-4750 Press 'C' to continue, 'P' to print, or 'R' to redisplay... � �� Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . ■ In Re the License of Sharon Casselman ' — dli�/a giome 5weet Home Antiques — City's Exh. No. 7 ! � CITY OF SA1NT PAUL Norm Coleman, Mayor August 6, 1996 OFFI�OF THE CITY A'I"CORNEY Timoth Marz, Ciry Alforney a� -, Civr1 Division 400 Ciry Ha11 rs wesr �no� sha Satrst Paul, Minnesom 55702 Telephone: 612166-8710 Facsimik: 672 198-5619 Mrs. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Re: Licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques Our File Number: G96-0301 Dear Mrs. Casselman: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: A review of the records fsom the Building Inspection and Design section of the City of Saint Paul indicates that you are in violation of orders issued by the Saint Paul Fire Department in connection with the change in occupancy at 941 Grand Avenue from residential to commercial. You were notified by a letter dated April 10, 1995 that in order to secure a Certificate of Occupancy you would need to comply with six requirements set forth. The deadline of May 15, 1995 has been extended twice, but as of July 1996 you were still not in compliance with the applicable fire and building codes. If you do not dispute that the above is accurate, 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 ten days from the date � —. In Re the License of Sharon Casselman i — cl/b/a FIome Sweet Home Antiques — C►ty➢s Exh. No. 8 .' ' ' � Page 2 � �� of this letter. If I do not hear from you, I will schedule the 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, ULIC�� G��vuiL Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., S60 St. Clair Ave., St. Paul, MN 55105 . . , � c�1�'��5� STATE OF MINNESOTA ) ) ss. AFFIDAVST OF SSRVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 7, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mrs. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue St. Paul, MN. 55105 (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 7th day of August, 1996. ��. �� . . � RITA M. BpSSARD � NOTARY PUBUC - MINNES�TA t�nAnser couarv � Mrco�. �es,�. s,. z000 � CITY OF 5AINT PAUL Norm Coleman, Mayor August 20, 1996 Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Ms. Sharon Casselman 794 Lincoln Avenue Saint Pau1, Minnesota 55105 RE: Licenses held my Sharon Antiques License ID NO.: 61881 Our File Number: G96-0301 Dear Ms. Casselman: OFF�F THE CITY ATTORNEY Timot Masx, Ciry Attorney Civil Division 400 City Hall IS West Kellogg Blvd Saint Paul, dTinnesom 55102 �Q `? -'S 2-� Telephone: 6I2 266-87T0 Focsimi]e: 6l2 298-5679 Casselman d/b/a Home Sweet Home Our office sent you a letter dated August 6, 1996, in which you were notified that a review of city records indicated that you were in violation of orders issued by the St. Paul Fire Department in connection with the change in occupancy at 941 Grand Avenue from residential to commercial use and the need to meet applicable fire and building codes. The letter asked that you contact this office to let us know whether you disputed that fact. Although you've phoned to say you would be going out of business, we still need to proceed with adverse action. Please let us know in writing whether you wish to admit to the violation. If you admit to the violation, this matter will then be scheduled before the Saint Paul City Council to determine what, if any, penalty to be imposed. If we have not received anything in writing by Monday, August 26, 1996, we will proceed to schedule this matter for an evidentiary hearing before an administrative law judge. At that hearing you will be able to appear and present witnesses, evidence and cross-examine the city's witnesses. The city in turn will also present witnesses and evidence and may cross-examine any witnesses you bring to testify on your behalf. We will send you a notice which will tell you when and where the hearing is to be held. Page 1 � � In Re the License of Sharon Casselman ` dfb(a Home Sweet Home Antiques �� City's Exh. No. 9 : � � In addition to the penalty, the city will also be seeking reimbursement for the cost of the administrative hearing, since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with. I still ask that you call, so that we may discuss the matter. I can be reached at 266-8710_ Sincerely, �� Virginia D. Palmer Assistant City Attorney � �1' l - �2� cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 a , �'l - 3 2-� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 21, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, MN. 55105 Ms. Sharon Casselman 794 Lincoln Avenue St. Paul, MN. 55105 (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 . . KA?Nr�YN J. t�4ciAUGHLIN _'i.,;., NCTFRYPUBLIC-MINNESOTA ��?=.' RAMSEY COUNTY MY ��. �Pkes Jan. 31.2000 �'� -- 3 � � AUGUST 23, 1996 Office of the City Attomey Civil Division 400 City Hafl 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 RE: Licenses held by Sharon Casselman d/b/a/ Home Sweet Home Antiques License ID NO.: 61881 F�Ie �vu�rber: G9S-C3v^ � To whom it may concern, Nome Sweet Home Antiques is no longer open for business. tt has not been open for several weeks now, and is permanently closing its doors. Since the business is now closed, we are no longer violating the orders issued by the St.Paul Fire Department. We do not see any reason to take this matter any further, but it is obviously not our place to decide that. However, we ask that you reconsider proceeding with adverse action. Thank you for your time and effort. Sincerely, Chad Casselman Son of Sharon Casseiman '� � In Re the License of Sharon Casselman — d/b/a Home Sweet Home Antiques —', City's Exh. No. 10 �� . '�� _ �.� �,,,.� ,�u..�t � �a �t�` �� ,��`� � '� �� .`� ��.�_�,�� . � � � � �.�`°``:�... � '� �.�-z.� ��' � -u- c��"""-^J �a�.�i�u.r/ �� .� �- ��, � ��;o S _ �� . ��. °i ,� _� �-�' � , ��-. . � � OFFI�F THE CITY ATTORNEY Timotli�Marx, Ciry Attorney CITY OF SAINT PAUL Norm Coleman, Mayo� August 26, 1996 Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, MN 55105 l 1 �J Civil Division 400 Ciry Hall IS West Ke[loggBlvd Saint Pau� �Yfnuresota 55102 Telephone: 672 266-8710 Facsimile: 617 298-5679 RE: All licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques, Our file #G96-0301 Dear Ms. Casselman_ I received your letter dated August 23, 1996 in which you indicate that Home Sweet Home Antiques has been closed, as well as a letter from your son, Chad Casselman, indicating that you see no reason to take the matter further. Although I understand that you and your son believe the matter is ended because the business is closed, I cannot simply stop the adverse action process. At this point, if you wish to send a letter to me asking that your license at that location be withdrawn, I can present that to the City Council, and that is likely to be the end of the matter. By ordinance, they could decide to continue with the adverse action process even after you surrender or withdraw your license, but this is not a situation in which that is very likely. At this point, you have several options. First, you can send a letter indicating that you do not dispute the facts in the original Notice of Violation letter, and ask that the matter be set before the City Council. We would notify you of the date it was scheduled, and you could appear in person, submit written argument, or simply not appear or respond. The license would then be revoked. Second, you could send a letter indicating that you wish to surrender or withdraw your license, and the matter would be set before the City Council to act on that request. You would not be able to operate a business unless you reapplied for a license. Third, if you wish to deny the allegations, or simply wish to have a hearing on this matter, you can let me know that and this will be scheduled for a hearing in front of an administrative law judge, who would then make findings of fact, and would submit a recommendation to the City Council for action. The Council can accept or amend the findings and makes a decision regarding your license. ■ � In Re the License of Sharon Casselman — d/b/a Home Sweet Home Antiques — I City's Exh. No. fll ; ,. : � � �C�-'3�� Sharon Casselman August 26, Z996 Page 2 I look forward to hearing from you on your decision regarding how you want to proceed. If you still have questions, please feel free to contact me. Sincerely, ��-� C�.� Virgznia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP - � � i � �l'1-� a-�' STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 24, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue St. Paul, MN. 55105 Sharon Casselman c/o Chad Casselman 794 Lincoln Avenue St. Paul, MN. 55105 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribefl and sworn to before me t�iis 24th day of Sep�ember, 1996. I- MINNESOiA GOUNTY Comm. of said person) and depositing the United States mails at St. �"��^�,��', � `�,r� i i€ 4>3 i e�'i :'''� °_. N Presented By Referred To 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 council File # q�t, - 3 ag Green Sheet # ��V�Z�� Committeec Date RESOLVED, that the Second Hand Dealer's License held by Sharon Casselman, d/b/a Home Sweet Home Antiques, for the premises at 941 Grand Avenue, is hereby revoked effective upon passage and signature of this resolution. �� , FURTHER RESOLVED, that the fmdings of fact, conclusions of law and memarandum of the Administrative Law Judge contained in her report dated December 2, ' 1996, are hereby adopted as the written findings and conclusions of the Council in this matter, and the recommendation of the Administrative Law Judge is hereby adopted. FURTHER I2ESOLVED, that the costs of the hearing before the admnustrative law judge, in the amount of $284.80, are ordered to be paid by the licensee. This Resolution is based on the record of the proceedings before the administrative law judge on October 31, 1996, the docuxnents and e�chibits introduced therein, and the deliberations of the Council in open session on March 12, 1997. A copy of this Resolution, as adopted, shall be sent by first class mail to the Adtninistrative Law 7udge and to Sharon Casselman. Requested by Department of: By: By: Approved by Mayor: By: Date Form Approved by City Attorney Ey: �� Approved by Mayor for Submission to Council By: Adopted by Council: Date � � Adoption Certified by Council Secretary qri—aa� llfl�4`,� DEfMflTMENT/�F�CEICO�NCI� DATE 1NITATED � ' ` ' — cs� co,�,�� o�� 3-25-1997 GREEN SHEE CON7ACTPERSON 8 PHONE INITIAVDATE 1NITIALIDATE �DEPARTMENTDIRE �CITYCqUNpL Dave Thune, 266-8620 A��N O CRYATTOflNEV � qTV CLERK MUST BE ON COUNC�L AGENDA BY (DATE) NUNBEN FOR O BUOGEf DIRECTOR � FIN, & MGT, SEFiVIGES Dlq. ROIRING A Tl� , Z 199,T ONDER O MAYOR (OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) AC'fION REQUESTEp. Finalizing Ciry Council acrion taken on Mazch 12, 1997, concerning adverse action against licenses held by 5hazon Casselman, DBA Home Sweet Home Antiques, 941 Grand Avene. RECOMMENOanata5: qppiove (A) w Re�ecc (R) pERSONAL SERVICE CONTRACTS MUST ANSWEp TNE FOLLOWING �UESTIONS: _ PLANNING COMMI$$IQN _ CIVIL SERVICE COMMISSION 1. Has this personffirm ever worked untler a conhact for this tlepartment? _ CIB CAMMITTEE _ YES NO _ 57qFF 2. Has Mis personA7rtn ever been a ciry employee? — YES NO _ OISTRIC7 CoUar _ 3. Does this person/firm ossess a skill not normall ossessetl p y p by any currerrt city employee? SUPPORTSWHICHCWNCILO&IECiNE? YES NO Explain all yes answers on separste aheet and attach to greon shcet INITIATING PROBLEM, ISSUE, QPPORTUNIIY(Who, Whet. When, Whara,Why): ADVANTAGESIFAPPROVED� DISADVANTAGES IFAPPROVED' z.t�s�. . _..._ "''�:Edi 7 ae'��3E'�i r:. :� � �`<:s :;6 �, �? fJ;�� _ _ .��_..�.<� �''', DISADVANTAGES IP NOT APPflOVE�: � � � TOTAI AMOUNT OF TRANSACTION $ COSTlREYEPlUE BUDGETED (CIRCLE ONE) YES NO FUNDIIBG SOUHCE ACTIVITY NUMBER FINANCIAL INFOflhSATION (EXPLAIN) STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 170D 1 DO Washington Avenue South Minneapolis, Minnesota 55401-2138 December 2, 1996 City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: The Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear City Clerk: ��a� s�, Enclosed for service upon the Saint Paul City Council are the Findinqs of Fact, Conclusions of Law and Recommendation for the above-referenced mat�er. A copy of this Report has also been served this day on Virginia Palmer of the Office of the City Attorney and Sharon Casselman, licensee. ely, n�� R'ta A. McConnell dministrative Law Judge cc: Ms. Virginia Palmer Ms. Sharon Casselman Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 3Q1-7346 � Fax No. (612) 349-2665 �� December 2, 1996 Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. 5haron Casselman 794 Lincoln Avenue Saint Paul, MN 55105 Re: The Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear Ms. Palmer and Ms. Casselman: Enclosed for service upon you please find a copy of the Findings of Fact, Conclusions of Law and Recommendation in the above-captioned matter. A copy has also been served this day upon the City Clerk. Sincerely, Irita A. McConnell Administrative Law Judge !� cc: City Clerk � � �� ' � STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses held by Sharon Casselman, djb/a Home Sweet Home Antiques 941 Grand, Saint Paul, Minnesota 80-2111-10758-3 FINIIINGS OF FACT CONCLUSIONS OF LAW AI3D RECOI�A'IEI3DATION The above-entitled matter came on for hearing before Administrative Law Judge Rita A. McConnell on October 31, 199fi at 9:30 a.m., in Room 1504, Saint Paul City Aall Annex, 25 West 4th Street, Saint Paul, Minnesota, 55102. The record closed on October 31 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behalf of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). Neither Sharon Casselman nor any other individual appeared on behalf of the license applicant. Notice is hereby given that this Report is a recommendation only and not a final decision. The St. Paul City Council will make the final deaision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, 5t. Paul City Council, 385 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. �� STATEMEI3T OF ISSUES 1. Whether licensee failed to bring the licensed premises into compliance with applicable building codes. 2. Whether licensee should be assessed the costs of the contested hearing on the grounds the licensee�s de£ense was frivolous, arbitrary or capricious. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Sharon Casselman ("Casselman") holds a Second Hand Dealer - Single Location license for the premises operated as Home 5weet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. the license expired on October 12, 1996. City's Exhibit No. 7. 2. On December 30, 1996, Building Inspector David Bergman form the Department of Fire and Safety Services sent Casselman a letter confirming an inspection of the licensed premises two days earlier. Mr. Bergman informed Casselman that approval for occupancy of the premises was contingent upon completion of an attached Corrections List. The list required Casselman to contact the building inspection and design Division regarding the change in occupancy from a residential to a business premises. Bergman informed Casselman that failure to comply with the directive could result in revocation of the Certificate of Occupancy and a violation of the Saint Paul Legislative Code. City Exhibit No. 1. 3. On April 10, 1995, building inspeator Greg Sohnson sent Casselman a letter following up on the Bergman letter. Johnsan informed Casselman that she had to take six specified steps by May 15, 1995 to obtain a Certificate of Occupancy. City's Exhibit No. 2. 2 �� a� � 4. On August 14, 1995, Johnson sent another letter to Casselman stating that she had failed to comply with the specified actions by the May 15 deadline and extending the deadline to September 15, after which Casselman would "face possible legal action." City's Exhibit No. 4. 5. On September 15, Johnson returned a message from Bob Casselman and extended the deadline to October 1"for submitting plans and pulling permit.° City's Exhibit No. 4. 6. Rabert Casselman sent a letter to Johnson on September 29, 1995, statinq that two of the six required changes had been made and enclosing a"site and floor plan." City's Exhibit No. 5. 7. On October 9, 1995, Senior Plan Examiner Tate Halvorson sent Robert and Sharon Casselman a letter informing them that the September 29 submission was not suf£icient and detailing the requirements that remained unfulfilled. Halvorson informed the Casselmans that the Certificate of Occupancy could still not be issued. 8. On August 6, 1996, the Assistant City Attorney sent Casselman a I3otice of Violation informing her that adverse action would be taken against her license because the premises were still not in compliance with applicable fire and building codes as of July, 1996. The letter offered to allow Casselman to by pass an administrative hearing. City's Exhibit No. 8. 9. On August 20, 1996, the Assistant City Attorney sent Casselman another letter notifying her that the adverse action would proceed even though Casselman had informed the City Attorney's office that she would be going out of business. The Assistant City Attorney again offered to by- pass the administrative hearing, and informed Casselman that the City would seek an award of costs of the hearing "since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with." City's Exhibit No. 9. 3 /�/(�� 10. On or about August 23, 1996, Chad Casselman, son of Sharon Casselman, sent the City Attorney a letter advising that Home Sweet Home Antiques was closed £or business and asking that the City Attorney "reconsider proceeding with adverse action." This letter was accompanied by a handwritten note from Sharon Casselman confirming that the business is closed. Ms. Casselman stated that any charges pending for inspection services could be billed to her. City's Exhibit No. 10. 11. The Assistant City Attorney responded to those letters on August 26, 1996, explaining that the adverse action could not be stopped, but offering several alternatives to an administrative hearing. City's Exhibit No. 11. 12. G3hen the City Attorney's Office received no reply to the August 26 letter, it issued a Notice of Hearing setting the hearing for Thursday, October 31, 1996 at 9:30 a.m. Citp's Exhibit No. 12. 13. Neither Sharon Casselman nor any representative appeared on her behalf at the scheduled hearing. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a licensee if a license was issued in violation of any provision of the Zoninq Codes or if the licensed premises do not comply with applicable health, � a,, .3 housing, fire, zoning and building codes and regulations. St. Paul Legislative Code Section 310.06(bj(3). 3. The Licensee is in default herein under Minn. Rule 1400.6000 as a result of her failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations of and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to correct conditions necessary to obtain a Certi£icate of Occupancy and operated the licensed business without complying with applicable codes and regulations. 6. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy to change the buildinq from residential to business property is a violation of the code. 7. The defense of the licensee in this matter was frivolous, arbitrary and capricious. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMEND&D that the St. Paul City Council take adverse action aqainst the license of Sharon Casselman by revoking the license and requiring the licensee to pay the costs of the administrative hearing. Dated this 2nd day of December, 1996. �� C Rita A. McConnell inistrative Law Judge 5 �� Reported: De£ault NOTICE The St. Paul City Council is requested to serve a copy o£ its final decision upon the Administrative Law Judge as well as the parties by first class mail. MEMORANDUM The premises operated by Sharon Casselman under her Second Hand Dealer's license were never in compliance with applicable building and fire codes. The City undertook extensive efforts to inform Casselman of her obligations and to provide her with ample opportunities to correct the deficiencies. These efforts went almost unnoticed by the licensee, who failed repeatedly to respond appropriately to the City's communications. This failure extended eve� to the administrative hearing of this matter. Since the licensee was well informed of the requirements for her property, and was given ample opportunities to resolve the adverse action without a hearing, both a license revocation and an assessment of costs is appropriate. R.A.M. '� OFFICE OF THE CITY ATTORNEY rvnorhy E. Mmx, cify Auorney CITY OF SAINT PAUL Nome Colemmi, Mayor Civil Division 400 City Hal] IS West Kellogg Blvd Sain1 Pau� M'mnesora 55701 ��'-�a Te7ephane: 612 266-8770 Facrimik: 671 298-56I9 December 9, 1996 NOTICS OF COIINCIL IiEARING Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Re: Al1 Licenses held by Sharon Casselman dJb/a Home Sweet H�me Antiques for the premises located at 941 Grand Ave., St. Paul Our File Number: G96-0301 Dear Ms. Casselman: Please take notice that a hearing on the report of the Administrative Law 3udge concerning the above-mentioned license has been scheduled for 4:30 p.m., Thursday, Jaauary 2, 1997, in the City Council Chambers, Third Rloor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart £rom the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � �/�� ' � �,-�.� �...._. _.a� _ ; ._ ',." .._ 4� � £ € s;�m� Virginia D. Palmer Assistant City Attorney cc: Sharan Casselman c/o Chad Casselman, 794 Lincoln Ave., St. Paul, MN 55105 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 : January 27, 1997 Fred Owusu City Cterk 170 City Hall 15 W. Keilogg Blvd. St. Paul, MN 55102 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEAffiNGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 � �� Re: In the Matter of the License Held by Sharon Casselman, dlbfa Home Sweet Home Antiques; OAH Docket No. 80-2111-10758-3 Dear Mr. Owusu: On December 2, 1996, Administrative Law Judge McConnekk served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Enclosed is the o�cial record. Since this matter was a default, no tape recording exists. Our file in this matter is ctosed. Very truly yours, � /��, i��-v � Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Citizens An Equal Oppdrfunity Employer Administrative Law Section & Administrafive Services (612) 341-7600 � TDD No. (612) 341-7346 � F� No. (612) 349-2665 �� AFFIDAVIT OF SERVICE BY MAIL Rita A. McConnell, of the City of St. Paul, County of Ramsey, in the State of Minnesota, being duly sworn, states that on the 2nd day of December, 1996, she served the annexed Findings of Fact, Conclusions of Law and Recommendation, upon the individuals named below by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the U.S. Mail at Saint Paul, Minnesota as follows: Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. Sharon Casselman 794 Lincoln Avenue Saint Paul, MN 55105 City Clerk Saint Paul City Council 38b City Ha11 15 West Kellogg Blvd. Saint Paul, MN 55102 FURTHER AFFIANT SAYETH NOT. C i a A. McConnell Subscribed and swor to before me his day of December, 1996. Notary u lic Kcae��sw�va..a � STEVEN F. MATTAINI y NOTARYPUBLIC-MINNESOTA w,MSev couuTv Mb commssron Exuires aan.3t. 2W o STATE OF MINNESOTA OFFICE OF ADMINIS`PRA`PIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses held by Sharon Casselman, d/b/a Home Sweet Home Antiques 941 Grand, Saint Paul, Minnesota 80-2111-10758-3 �� ' FINDINGS OF FACT CONCLUSIONS OF LAW AI3II RECONIIyIENDATION The above-entitled matter came on for hearing before Administrative Law Judge Rita A. McConnell on October 31, 1996 at 9:30 a.m., in Room 1504, Saint Paul City Hall Annex, 25 West 4th Street, Saint Paul, Minnesota, 55102. The record closed on October 31 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behalf of the City of Saint Paul, OPfice oP License, Inspections and Environmental Protection (LIEP). Neither Sharon Casselman nor any other individual appeared on behalf of the license applicant. Notice is hereby given that this Report is a recommendation only and not a final decision. The St. Paul City Council will make the final deaision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, St. Paul City Council, 386 City Ha11, St. Paul, Minnesota 55102, to ascertain the procedure £or £iling exceptions or presenting argument. �1. � �� STATEMENT OF ISSUES 1. Whether licensee failed to bring the licensed premises into compliance with applicable building codes. 2. Whether licensee should be assessed the costs of the contested hearing on the grounds the licensee's defense was frivolous, arbitrary or capricious. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Sharon Casselman ("Casselman") holds a Second Hand Dealer - Single Location license for the premises operated as Home Sweet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. the license expired on October 12, 1996. City's Exhibit No. 7. 2. On December 30, 1996, Building Inspector David Bergman form the Department of Fire and Safety Services sent Casselman a letter confirminq an inspection of the licensed premises two days earlier. Mr. Bergman informed Casselman that approval for occupancy of the premises was contingent upon completion o£ an attached Corrections List. The list required Casselman to contact the building inspection and design Division regarding the change in occupancy from a residential to a business premises. Bergman informed Casselman that failure to comply with the directive could result in revocation of the Certificate of Occupancy and a violation of the Saint Paul Legislative Code. City Exhibit No. 1. 3. On April 10, 1995, building inspector Greg Johnson sent Casselman a letter following up on the Bergman letter. Johnson informed Casselman that she had to take six specified steps by May 15, 1995 to obtain a Certificate of Occupancy. City's Exhibit No. 2. 2 ��_ �� 4. On August 14, 1995, Johnson sent another letter to Casselman stating that she had failed to comply with the speci£ied actions by the May 15 deadline and extending the deadline to September 15, after which Casselman would "face possible legal action." City's Exhibit No. 4. 5. On September 15, Johnson returned a message from Bob Casselman and extended the deadline to October 1"£or submitting plans and pulling permit." City's Exhibit No. 4. 6. Robert Casselman sent a letter to Johnson on September 29, 1995, statinq that two of the six required changes had been made and enclosing a"site and floor plan." City's Exhibit No. 5. 7. On October 9, 1995, Senior Plan Examiner Tate Halvorson sent Robert and Sharon Casselman a letter informing them that the September 29 submission was not sufficient and detailinq the requirements that remained unfulfilled. Halvorson informed the Casselmans that the Certificate of Occupancy could still not be issued. 8. On August 6, 1996, the Assistant City Attorney sent Casselman a Notice of Violation informing her that adverse action would be taken against her license because the premises were still not in compliance with applicable fire and building codes as of July, 1996. The letter offered to allow Casselman to by pass an administrative hearing. City's Exhibit No. 8. 9. On August 20, 1996, the Assistant City Attorney sent Casselman another letter notifying her that the adverse action would proceed even though Casselman had informed the City Attorney's office that she would be going out of business. The Assistant City Attorney again o£fered to by- pass the administrative hearing, and informed Casselman that the City would seek an award of costs of the hearing "since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with." City's Exhibit No. 9. 3 e1� -'� � � 10. On or about August 23, 1996, Chad Casselman, son of Sharon Casselman, sent the City Attorney a letter advising that Home Sweet Home Antiques was closed for business and asking that the City Attorney "reconsider proceeding with adverse action." This letter was accompanied by a handwritten note fram Sharon Casselman confirming that the business is closed. Ms. Casselman stated that any charges pending for inspection services could be billed to her. City's Exhibit No. 10. 11. The Assistant City Attorney responded to those letters on August 26, 1996, explaining that the adverse action could not be stopped, but offering several alternatives to an administrative hearing. City's Exhibit No. 11. 12. When the City Attorney's Office received no reply to the August 26 letter, it issued a Notice of Hearing setting the hearing for Thursday, October 31, 1996 at 9:30 a.m. City's Exhibit No. 12. 13. Neither Sharon Casselman nor any representative appeared on her behalf at the scheduled hearing. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a licensee if a license was issued in violation of any provision of the Zoning Codes or if the licensed premises do not comply with applicable health, 4 �(�1-�a� housing, fire, zoning and buildinq codes and regulations. St. Paul Legislative Code Section 310.06(b)(3). 3. The Licensee is in default herein under Minn. Rule 140�.600U as a result of her failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations of and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to correct conditions necessary to obtain a Certificate of Occupancy and operated the licensed business without complying with applicable codes and regulations. 6. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy to change the building from residential to business property is a violation of the code. 7. The defense of the licensee in this matter was frivolous, arbitrary and capricious. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council take adverse action against the license of Sharon Casselman by revoking the license and requiring the licensee to pay the costs of the administrative hearing. Dated this 2nd day of December, 1996. � ita A. McConnell inistrative Law Judge 5 �,�_�3�1 Reported: Default NOTICE The St. Paul City Council is requested to serve a copy of its final decision upon the Administrative Law Judge as well as the parties by first class mail. The premises operated by 5haron Casselman under her Second Hand Dealer's license were never in compliance with applicable building and fire codes. The City undertook extensive efforts to inform Casselman of her obligations and to provide her with ample opportunities to correct the deficiencies. These efforts went almost unnoticed by the licensee, who failed repeatedly to respond appropriately to the City's communications. This failure extended even to the administrative hearing of this matter. Since the licensee was well in£ormed of the requirements for her property, and was given ample opportunities to resolve the adverse action without a hearing, both a license revocation and an assessment of costs is appropriate. R.A.M. C7 STATE OF MINNESOTA OFFICE OF ADMiNISTRr1TlVE AEAR(NGS 100 Washington Square, Suite 7700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 December 2, 1996 Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. S�haron Casselman 794 Lincoln Avenue Saint Paul, MN 55105 Re: The Licenses of Sharon Casselman dJb/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear Ms. Palmer and Ms. Casselman: Enclosed for service upon you Findings of Fact, Conclusions the above-captioned matter. ��_7a� please find a copy of the of Law and Recommendation in A copy has also been served this day upon the City Clerk. ,��-Y, � ? C R'ita A. Mc onnell -_-Administrative Law Judge cc: City Clerk Providing 4mpartial Hearmgs for Government and Citizens A n Equ Oppor tunity E mployer Adrninisirative Law SecGon & Administrative Services (612; 341-7600 e TDD No (672j 341-7346 � Fax No (612} 34&2665 G '� a �- `� (b) Class II Iicenses. Where an application for the grant, issuance or reneFCal of a Class II license meets all the requirements of law, and there e�sts no ground for denial, revocation or suspen- sion of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said Iicense in accordance'with the application. (c) CZass I and C2ass II Zicenses, if denied by director. in the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- ments of law' or that there exist grounds for denial, revocation, suspension or othez adverse action against the license or the licensee, the director shall recommend denial of the applica- tion and follow the procedures for notice and hearing as set forth in section 310.05. (d) Class IZI Zicenses. (1) Grarzt, issuance or transfer. Upon receipt of a fully completed application and required fees for a Class III license, and after the investigation required, the director shall notify the council. A public hearing shall be held on the grant or issuance of all Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class TII license, or where the council believes that thue is e�idence which might result in action adverse to the original or renewal application, the direc- tor oa his or her own initiative, or at the direction of the council, shall follow the pmcedures for notice and hearing as set forth in section 31�.�5. Where the appiica- tion for the grant, issuance or renewal of a Class III license meets all the require- ments of law, and where there esists no ground for adverse actian, the council shall by zesolution direct that the director issue such license in accordance with law. (2) Renewat. Tlze director shall in writing no- tify the council, and the affected neighbor- hood organizationCs) established for citizen participation purQoses, at least sixty (603 days before the expiration date of all Class III licenses. A public hearing on the re- newal of any such license shall not be held Supp. No. 33 LICENSES § 310.05 except on the request of a councilmember, which request shall be incorporated in the form of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in aecordance with law. (e) Appeat; CZ¢ss I or Ciass 77 l'uenses. An appeal to the city council may be taken by any - persoa aggrieved by the grant, issuanee oi re- newal of a Class I or Class II lieense; provided, however, that the appeal shall have been fited with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged errors of law. The councii shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the iicensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofaz as is practicable, shall appYy to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decisian was based oa an error oflaw. The filing of an appeal sfiall not stay the issuance of the license. (fl No w¢iaer by renewal. The renewal of any license, whether Class I, II or III, shall nat be deemed to be a waiver of any past violations or of any grounds for imposition of adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § i, 5-21-87; Ord. No, i7551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.E Na 95-473, § 3, 5-3i-95; C.F. No. 95-1517, 1-31-96) Sec. 810.05. Hearing procedures. (a) Adverse ¢ction; notice and hearing require- ments. In any case where the council may or 2027 �� 1 _� a-g" § 310.05 LEGISLATIVE CODE inteads to consider any adverse action, including the revocation or snspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be given noti:e and an opporbi�nity to be heazd as provided herein. The council may consider such adverse actions when recommended by the inspectoz, by the director, by the director of any egecutive department estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is eatitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time ofthe hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepazed and served or mailed by the inspector or by the city attorney. (c} He¢rircg. VJheze there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted 6efore a hearing egaminer appointed by the coun- cil or retained by contract with the city for that purpose. The applicant or the licensee shall be provided aa opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasouable cross-esamination and rebuttal evidence. The hearing esaminer may in its discretion permit other interested persons the opportunity tA present testimony or evidence or othercvise participate in such hearing, (o-l) Procedure; hearing examiner. The hearing examiner shall heaz all evidence as may be pre- sented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse actio�. The council shall consider the evidence rnn- taiaed in the record, the hearing esaminers rec- ommended findings of fact and conclusions, and shalt not consider any factual testimony not pre- viously submitted to and considered by the hear- iag egaminer. After receipt of the hearing examiner s findings, conclusions, and recommen- dations, the council shall provide the applicant or licensee an opportunity to present oral or written arguments alleging error on the part of the exam- iner in the application of the law or interpretation of the facts, and to present azgument related to the recommended adverse action. Upon conclu- sion of that hearing, and after wnsidering the record, the examiner's findings and recommenda- tions, together with such additional azguments presented at the hearing, the council shall deter- mine what, if any, adverse action shall be taken, wbich action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing eacam- iner. (c-2) Ex parte corztacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion cecurs on the record during the hearings of the matter or during the council's finai deiiber- ations of the matter. No interested person shall, with Imowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, ar sm ent or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the ficensee which is the subject of the scheduled adverse hearing, oz a person who has a financial interestin such licensee. (d) Licensee 6r ¢pplic¢nt may be rnpresented. The licensee or applicant may represent himseif or choose to be represented by another. Supp. No. 33 Zp2g �'1- � �"� .� � LICENSES § 310.05 (e) Record; eaidence. The hearing examiner shall receive and keep a record of such prceeedings, including testimony and exhibits, and shall re- ceive and give weight to evidence, including heaz- say evidence, which possesses probative value com- monly accepted by reasonable and prudent persons in the conduct of their a$'airs. (fl Council action, resolutiorz to contain fznd- ings. Where the councl takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is tak- en shall contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Addition¢I procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pra visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specifie reference, Nlinnesota 8tatutes, Chapter 364 and Minnesota Statutes, Sectioa 34QA415. (h} Discretion to hear notwithst¢nding with- dr¢wa1 or surrender of application or Z'uense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted �vithdrawaI or surrender took place after the agplicant or lieensee had 6een notified of the hearing and potential adverse ac- tion. (i} Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license app2icant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. Supp. No. 30 (j) If the council imposes an adverse actioa as deSned in section 310.01 above, a generic notice of such action shall be prepazed by the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective periad af the adverse action. The licensee shall be responsible for taking reasonable steps to mzke sure the no- tice remains posted on the front d�ior of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have heen kept, rental of rooms and equipment necessary for the heaz- ing, and the wst of eapert witnesses. The councff may impose all or pazt of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (n) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sate of drugs by the lic- ensee or employees thereof, and/or the circum- stances under which the violation cecuired were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; tiv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was su�ciently in control of the situation and there- fore could have reasonably avoided the vioIation, such as but not limited to, the nonpayment of a required fee or the failure to renew requiied in- surance policies; (vi) the vialation is covered by the matrix in section 40926 of the I.egislative Code; or (vn) the violation involved the sale of cigazettes to a minor. (1) Imposition of �Znes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such 2029 ��_�� § 330.05 LEGISLATIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. 2b the extent any other provi- sion of the Legislative Code provides for the im- position of a fine, both provisions shall be read together to the extent possible; provided, howev- er, that in the case of any con9ict or inconsistency, the other pmvision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 9446, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, § h, 5-31-95) Sec. 310.06. Revceation; suspension; adverse actions; imposition of condi- tions. (a) Council may take aduerse acti.on. The coun- cil is authorized to take adverse acLion, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- aGed for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to ttte hearing before the council. Such actions shall be initiated and earried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used tA initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which aze in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3} 'The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola= tion of law, rvithout authority, or under a material mistake of fact. (5) The licensee or applicant has fa�7ed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be ixn- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonabiy related to the licensed activity, regardless of whether criminal charges have or have nat been brought in connection there- with; b. The licensee or appIicant has been con- victed of a crime that may disquatify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- faze, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. No. 30 2030 $ 3I0.05 LEGISLATIVE CODE � � � �� amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of othez adverse action in the sole discre- tion of the council. Tb the extent any other proci- s3on of the Legislative Code pro�ides for the im- position of a�finE-, both pro�zsions shall be read together to the extent possible; proti�ided, hovicev- er, that in the case of any conflict or inconsisteacy, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. l r551, § 2, 419-58; Ord. Na. 17559, §§ 1, 2, 5-17-88; Ord. I�TO. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10.92; C.F. ?�o. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.E I�TO. 941340, § 2, 10-19-94; C.F, ?�o. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may take adverse action. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the LegisIative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shalI be initiated and carried out in accordance witfi the procedures outline in section 310.05; pro��id- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured 6y mis- representarion of material facts, fraud, de- ceit or bad faith. t2) The applica�t or one il) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violatioa of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable heaith, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. T'he licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- aance or regulation reasonably related to the licensed activity, regazdless of whether criminal charges have or have not been brought in connection there- with; b. The licensee or applicaat has beea con- victed of a crime that may disqualify said applicant from hoiding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- soa whose conduct may by law be im- puted to the licensee or applicaat) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from wMch aa infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity createfl or have created a serious danger to the public heaith, safety or wel- faze, or the licensee performs or has per- formed his or her work, or activity in an unsafe manner (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. A*o. 30 ZQ$� i LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) T$e licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to D'Iinnesota Stat- utes Sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreat- ment of a child as defined in Minnesota Stat- utes Section 626.556, su6divisions 2 and 10e, including, but not limited to, acts which con- stitute a violation of Minnesota Statutes Sec- tians 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or en- dangerment of a child as de&ned in Minne- sota Statutes Section 626.557, subdivisian 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or baz- ter of a controlled substance as defined in Minnesota Statutes Chapter 152;the pos- session of a controlled substance as defined in Minnesota Statutes Chagter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alca hol or other drugs, that such lieensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior ap- provat of the city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 30 2031 °�,� � 2-�' § 310.06 (12) The licenses or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ea parte contact with a council member as pro- vided in section 310.05(c-2) of the I.egisla- tive Code. `I`he terms ."licensee" or °applicant" for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for actic�ities entitled to the protection ofthe FirstAmendment, notwith- st2nding the foregoing provisions, neither the iack of good moral character or fitness of the licensee or applicant nor the content of the protectec} speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of reason¢ble conditions ¢ndlor restrictions. When a reasonabie basis is found to impose reasonable conditions andior restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions anrUor restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reason- able conditions andlor restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sicJ particular type of activi- ties may be conducted; (3) A limitation as to the means of ingtess or egress from the licensed establishment or its pazl�ng iot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; § 310.06 (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establ:shment will harma nize with the chazacter of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the license holdeg or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) Standards for muttiple Zicense determin¢- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1) The nature and gravity ofthe grounds found by the council to exist upon which the ad- verse action would be based; (2) The policy ancUor regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and determined by the eouncil; (3} 'Phe interrelationship of the licenses and their relative ixnportance to the overall busi- ness enterprise of the licensee or applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; LEGISLATIVE CODE �� $' (5) The extent to which adverse action aga;,,cr less than all of the licenses or applications would result in difficulty in enforcing and monitoring the adverse action taken; (6) The hardship to the 7icensee or applicant that would be caused by applying adverse action to aIl licenses or applications; and (7) T'he hardship andlor danger to the public, or to the public health and welfaze, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No.17584, § 1, 8-25-88; Ord. No. 17657, §]5, 6-8-$9; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-1492; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; G.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; G.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insuraace contracts. (a) Automatic terntination, reinst¢tement; rn- sporxsibility of licensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said poticies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guaran- tees, bonds or certifieations as aze required in tliese chapters, and shall not 6e entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos- its, bonds or certifications within tturty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30} days, the appli- cant must reappiy for a renewal of his license as though it were an original application. (b) Bonds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- Supp. No. 30 2032 § 310.15 LEGISLATIVE CODE definition in section 310.01, shall for the purpose of this section include the individual partners or members of any paztnership or corporation, and as to corQorations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 51015) Sec. 310.16. Reserved. Editor's aote--Section 310.16, certaiaing to license fees and annual inczeases, and derived from Ord. No. 16885, adopted Feb. 11, 1952; Ord. \o. 17059, adopted Oct. 20,1983; and Ord. No. 173Q3, adopted Oct. 29, 1955, was zepealed by Ord. No. 17884, § 1, adopted'Qov 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertainment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazking lot or other azea adjacent to (or under the lease or control ofl the licensed premises, and which act or eonduct violates any state or federal statutes or regula- tions, or any city ordinance, shail be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14 and 410,09 of the Legislative Code, this section shall be controlling and prevail; but shall not otherwise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-32-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees are hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.Q9(a) or 31Q.09(d) of the Legislative Code with respect to exempt orga- nizations or Iate fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the oflice of the director of the office of license, inspections and environmental protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the egisting fees paid, or due 8IIC1 OWing. (a) ENFORCEMENT LEVEL 1 ChapterlSec2ian No. License Description Fee 167 Commercial Vehicle $66.00 198.04 Keepiag of animals (Exotic Pets) 66.00 316 Animal Foods Managemeat & Dis- tribution 66.00 317 Amusement Rides 66.00 323 Christmas'lYeeSales 66.Op 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66.00 332 Liquid N�el Ve}vcle 66.00 333 Solid Fuel Vehicle �_pp 336 Private FS�ei Pump 66.00 340 Mercantile Broker 66.00 345 Peddler (SoliciWrllYansient) 66.00 348 Rentsl of Clothing & Uehicle � � 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospita] Equipment 66.00 350.02 Reatal of Hospital Equipmeat Ve- hicle 66.00 351 Reatal of Kitchenwaze 66.0p 353 Roller Rinka 66.Q0 355.01 Secondbaad Dealer- (a) & (b) Single I.ocation 66.00 357.03 Refuse Hauler-Each Vehicle Over ��e fi6.00 359 Sound 1Yucks & Broadcast Velv- cles 66.00 371 Finishing Shop 66.00 361.14 Tow 15vck/Wreckes Vehicle 66.00 362 Tree 1Yimmer-Additioaal Vehicle 66.00 372 Tire Recapping Plant 66.00 37616(d) 1'axicab Driver (new) 66.00 377 Lawn Fertil'uer & Pesticide Ap- plication 66.00 3S0 ', TanningFacility 66.00 3S2 Pet Grooming 66.00 409.11 Outdoor Change in Service Area 66.00 412 Massage Center (Class B) 66.00 414 Massage 1'herapist 66.00 424.02 Gasoline Filling Stations 66.00 Supp. Na. 33 2Q$6 � CITY OF SAINT PAUL Norm Cole»mn, Mayor September 20, 1996 Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 �L..._. °5 S�P 25 f��i�i i�.�. i NE„�.. OFFICE OF THE CITY ATTORNEY Trmotlry E. Marx, Ciry Attorney �`Z - �J 2-� Civi! Division 4 0 Ciry Hall Telephoxe: 6I2 266-8770 � ��-�' 7�est Kellogg Btvd. Faaimrle: 61 S 298-5619 Sa"vrt Paul, Mixnesom SSIO2 Re: All Licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques for the premises located at 941 Grand Ave., St. Paul Our File Number: G96-0301 Dear Ms. Casselman: ti Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, October 31, 1996 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 West 4th Street Saiat Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Aclministrative Nearings: Name: Rita MeConnell Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, NII�T. 55401 Telephone: 961-7770 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310�05 �C� -� `��' and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: A review of the records from the Building Inspection and Design section of the City of Saint Paul indicates that you are in violation of orders issued by the Saint Paul Fire Department in connection with the change in occupancy at 941 Grand Aven�.xe £rom residentiai to commercial. You were notified by a letter dated April 10, 1995 that in order Co secure a Certificate of Occupancy you would need to comply with six requirements set forth. The deadline of May 15, 1995 has been extended twice, but as of July 1996 you were still not in compliance with the appli.cable fire and building codes. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing wi11 be conducted in accordance with the requirements of Minnesota Statutes sections 14.5'7 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish �o present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a subsCantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas Notice of Hearing - Page 2 �1 � - �'� 8" may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. I£ you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to•appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice shall be taken as true. Tf non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, l � / ` / /; / � `(� 4"C('/�'2LG� `./ ��%Y� \ U Virginia D. Palmer Assistant City Attorney cc: Sharon Casselman c/o Chad Casselman, 794 Lincoln Ave., St. Paul, MI3 55105 Judge Rita McConnell, Office of Administrative Aearings, 100 Washington Square, Suite 1700, Mpls, Mi3 55401 Nancy Thomas, Office of Administrative Hearirags, 100 Washington Square, Suite 170�, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 Notice of Hearing - Page 3 � "� P� OFFICS OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License of Sharon Casselman, d/b/a Home Sweet Home Antiques 941 Grand Avenue RINDINGS OF FACT, CONCLIISIONS AND The above-entitled matter came on for hearing before Rita McConnell, Administrative Law Judge, on November 1, 1496, at 9:30 a.m. in Room 1504 of the City Hall Annex, 25 W. Fourth Street, Saint Paul, Minnesota, 55102. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Blvd, Saint Paul, Minnesota, appeared on behalf of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). There was no appearance on behalf of the license holder. This report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record, which may adopt, reject or modify the Finding of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code �310.05(c)(1), after receipt of the Report, the City Council shall provide an opportunity to present oral or written argument alleging error in this lteport and to present argument related to any recommended adverse action. The parties should contact the City Clerk to ascertain the procedure for filing such argument or appearing before the Council. STATEMENT OF ISSUE 1. Whether the licensed premises fail to comply with applicable health, housing, fire, zoning and building codes and regulations? FINDINGS OF FACT 1. Licensee, Sharon Casselman, d/b/a Home Sweet Home Antiques is located at 941 Grand Avenue, Saint Paul, Minnesota, and holds a Second Hand Dealer - Single Location license, License ID #61881. 2. In December of 1994 Sharon Casselman was sent a letter from a building inspector informing her that the approval of a Certificate of Occupancy for the building would require completion of an attached Corrections List. The attached list required her to contact the Building Inspection and Design Division regarding the change in occupancy from R-3 Residential to B-2 Business. 3. On April 10, 1995 Licensee was sent another letter from building inspector Greg Johnson regarding the change in occupancy from residential to business at 941 Grand Avenue. The letter � �1 -� a--P' outlined what actions were necessary to obtain a Certificate of Occupancy, and gave a deadline of May 15, 1995 to comply with the requirements. 4. On August 14, 1995 Johnson sent another letter to licensee stating that she had failed to take the neaessary actions to comply with the change of occupancy classification, and offering to extend the deadline to September 15, 1995. 5. A handwritten note on the same letter indicates that Johnson extended the deadline for compliance to Ootober 1, 1995 in a September 15, 1995 telephone call. 6. A letter dated Septemher 29, 1995 was sent to Inspector Johnson from Robert Casselman, attaching site and floor plans and indicating that two of the requested changes had been made. 7. On October 9, 1995 a letter was sent to Robert and Sharon Casselman outlining some of the concerns still in existence, and again stating that a Certificate of Occupancy could not be issued until all zoning and building code requirements had been met. 8. A Notice of Violation was served upon Sharon Casselman by letter dated August 6, 1996, informing her that adverse action was going to be taken against her licenses for non-compliance with the applicable fire and building codes. 9. A letter dated August 20, 1996 was sent to Ms. Casselman notifying her that the City intended to request reimbursement for the costs of the administrative hearing since there appeared to be no dispute that the Certificate of Occupancy was not issued because the building code requirements had not been met. That letter was served upon Sharon Casselman by mail at both her business and home address. 10. A letter dated August 23, 1996 was sent to the Saint Paul City Attorney's Office stating that Home Sweet Home Antiques was closed. The letter had Chad Casselman's name aC the bottom, but was unsigned. 11. A handwritten statement signed by Sharon Casselman was received by the Saint Paul City Attorney's Office on August 23, 1996 also stating that the business was closed. 12. A letter dated August 26, 1996 was mailed to Sharon Casselman explaining that closing the business did not terminate the adverse action process. 13. A Notice of Hearing was served on Sharon Casselman at the business and at her residential address informing her that a hearing would be held on Thursday, October 31, 1996 at 9:30 a.m. in Room 1504 of the City Hall Annex. 14. Sharon Casselman did not appear at the hearing, and no one appeared on her behalf. 15. The Office of License, Inspections and Environmental Protection is requesting that the license issued to Sharon Casselman, d/b/a Home Sweet Home Antiques be revoked, and that the licensee be required to pay the costs of the administrative hearing. CONCLIISIONS 1. That the Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. �14.55 and Saint Paul Legislative Code §§31�.�5 and 310.06. The Notice of Hearing issued by the City was proper and all applicable substantive procedural requirements have been fulfilled. 2. Saint Paul Legislative Code §310.06(b)(3) allows adverse action to be taken against a licensee if a license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. 3. The license issued to Sharon Casselman d/b/a Home Sweet Home was issued although the premises were in violation of the building and fire codes, and the licensee failed to correct the conditions necessary to obtain a Certificate of Occupancy. 4. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy for the change from residential to business property is a violation of the code. IT IS HEREBY RECOMMENDED that the Saint Paul City Council take adverse action against the license of Sharon Casselman, d/b/a Home Sweet Home Antiques, revoking said license. It is further recommended that the licensee be required to pay the costs of the administrative hearing. Dated this day of November, 1996. Rita McConnell Administrative Law Judge NOTICE Pursuant to Minn. Stat. §14.62, subd. l, the City Council is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. �� _-� a-� OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CO'[7NCIL OF TIiE CITY OF 5AINT PAUL In re the Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue CITY'S PROPOSED EXHIBITS October 31, 1996 TO: Judge Rita McConnell, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on October 31, 1996. Exhibit No. Exh, No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Description Letter from Fire Inspector Dave Bergman to Sharon Casselman, dated December 30, 1994 (2 pp. ) ; Letter £rom Building Inspector Greg Johnson to Sharon Casselman, dated April 10, 1995 (2 pp.); Inspection Report, Sign Permit, issued May 24, 1995 (2 pp.); Letter from Building Inspector Greg Johnson to Sharon Casselman, dated August 14, 1995 (1 p.); Exh. No. 5 Letter from Robert Casselman to Inspector Greg Johnson, dated September 29, 1995 with attached 3 pages of site and floor plans and General Building Permit dated September 20, 1995 (5 pp.); Exh. No. 6 Letter from Senior Plan Examiner Tate Halvorson to Robert and Sharon Casselman (3 pp.); �1 � � � Exh. No. 7 Exh. No. 8 Exh. No. 9 Exh. No. 10 Exh. No. 11 Exh. No. 12 License information re Sharon Casselman d/b/a Home Sweet Home Antiques (1 p.); Notice of violation, dated August 6, 1996 with Affidavit of Service (3 pp.); Follow-up letter from City Attorney's Office to Sharon Casselman, dated August 20, 1996 with Affidavit of Service (3 pp.); October 23, 1996 letters from Chad Casselman and Sharon Casselman (2 pp.); Letter from City Attorney's Of£ice to Sharon Casselman, dated August 26, 1996 (2 pp.); Notice of Hearing, dated September 20, 1996, with Affidavit of Service (4 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code § 310.05 § 310.06 § 310.17 Respectfully submitted this 31th day of October, 1996. :./ , � \ 1 �ix2lt Virgi D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 � CITY OF SAINT PAUL Norm Co(emars, Mayor DECEMBER 30,`_;1944 DEPARTME OFFIKE�AND'�AFEI'YSERVIC� Timofhy K Fu17er, Fire Chie/ DIVISIONOFFIREPREVENTION �'t l —� �� Steven Zaaa�E, Firt Marshal 1 DO East Eteven[h Sireet Telephane: 672-228-6230 Saint Paut, MN 55101 Facsimiie: 612-228-624I ��Y�� ( r � �!C 7 �� 1i�7� k . � �: SHARON CASSfiL�MAN 794 LINCOLN AVE SAINT PAUL MN 55105 RE : Re-Inspection for Cerfificate of Occupancy with Corrections 441 GRAND AVE No . o£ Units : Dear Property Representative: On DECEMBER 28, 1994, a Certificate of Occupancy re- inspection wss made of your building at the above-property location. Approval ior occupancy will be granted upon completion of the attached Corrections List. The items on the liat must be corrected immediately. A re- inspection will be made after SAN[JAR1' 30 1995, or as otherwise noted. Failure to complete the correc�ion� may result in the revocation of. the Certi�icate af Occupancy, or a citation. Failure to maintain a Certi�icate of Occupancy is a violation of the Saint Paul LegiE'_ative Code. For inquiries about orders call me at 228-6238 between 7:30 a_m. and 9:00 a.m. Corrections requiring construction, electrical, plumbing, heating, sprinkler or gas piping work must be done under pexmit ancl with the approval o£ the Building Inspection and Design Division, 350 St. PeCer Street, Suite 310, Saint Paul, Minnesota 55102, (266-9001). Please help to make Saint Pau1 a safer place in which to live and work. Sincerely, o�--� a � pi. C DAVE BERGMAN Inspector Attachment(s) CORS-4 � � In Re the License of Sharon Casselman .—' d/b/a Home Sweet Home Antiques —' -..r City's Exh. No. 1 � > .� v'� �� 3or ��DEFICIENCY/CORRECTION LIST _ „•_;��= R 30, 1994 .� 2 ' 441 GRAND AVE :?'a: '_ _ ' � ' ' __. _ '" '- - _ . CONTACT BUILDING INSPECTIOI3 AND �. DESIGN DIVISION AT 266-9001 REGARDING CFIANGE IN OCCUPANCY FROM R-3 RESIDENTSAL TO B-2 BUSINESS. 38826 � � _� � � 62.101. s ° .l ' CITX OF SAINT PAUL A'orm Coleman, Ma��or April 10, 1995 Sharon Casselman 794 Lincoln Avenue St. Paul, MN 55105 OFFICE OF UGE�SE, INSPECTIO;�S AXD ENVIRO:.'1�1E�`TAL PROTECTI04 Robert Kessler, D+rcc+os BUILDI.n'G I�SP£C770NMD DES1G V 3�Q St Peter S+reer Suite 3� Scint Pmd, d9inneso+a SS70?-1510 RE: Change of Occupancy at 9?1 Grand Avenue Dear Ms. Casselman: c' � '` ,'�-5' 7dephone: 61= ?6G9090 facsimilr. 61 ?-?66-4999 on December 30, 1994, you were issued orders by Inspector Dave Bergman of the St. Paul Fire Department Division of Fire Prevention to contact our office regarding the change from residential to commercial occupancy at 941 Grand Avenue. To comply with local building, legislative, and zoning ordinances; and to secure a Certificate of Occupancy, you must: 1. Provide for our review a site plan reflecting the location and size of handicapped accessible and regular parking spots. 2. 3. � Provide a plan for a handicapped accessible site approach. Provide a plan for the replacement of the concrete steps between Grand Avenue and the building. Comply with business signage requirements of the zoninq code. 5. Obtain a building permit betore proceeding with construction of the parking area, site approach, and steps. 6. Provide a floor plan for each level of the building with a description of its intended use. You must comply with these requirements by May 15, 1995. \. � � In Re the License of Sharon Casselman — d/b/a Home Sweet Yiome Antiques City's Exh. No. 2 . -_d Apri1 10, 1995 a i�� Page 2 Re: �4]. Grand Avenue In addition, any Puture interior renodeling will necessitate compliance with building code requirements for accessible restrooms. I will be glad to answer any questions that the enclosed inforrational naterial does not nake clear. You may contact me at 266-9029 betc•�een 7:30 and 9:00 a.n. I�ionday through Friday. Sincerely, � / � Greg oh son Buildi Inspector GJ/cjg cc: Tate Halvorson Jan Gasterland - Larry Zangs ti .� J � r OFFICE OF LICENSE, INSPECTIONS and ENVIROI3MENTAL PROTECTIOi3 (� BIIILDING INSPECTION AND DESIGN ��► #502426 SlGN 941 Grand Ave I N S P E C T I O N R E P O R T SIGN PERMIT Type of Work: New Contractor: owner Job Valuation: Phone: 612-222-2940 / Owner $200.00 Estimated Start Date: 05J24/1995 Completion Date: 05/24J1995 �� Iaspector: Josegh G. Dabe, Jr. Date Issued: 05j24j1995 This permit is for the followinq Sign(sj: Type Quantity Square Feet Width Length Aeight Wall 1 17.3 1.0 11.0 0.0 qround sign to run parallel to Grand Ave Total Signaqe(Sq.Et.): 17.3 Existing 0.0 Allowed ip0.0 Street Frontage is 50.0 Lot Dimensions: Width 50 Length 150 SONING 21�iE'ORMATION: Reviewed by: Ed Locke on O5/24/1995 Zoning District: R-2C PLAN REVIEA INFORMATTON: Reviewed by: Ed Locke on 05/24/1995 COMMENT: Special Sign District Approval/FL#EEL( �.t,-a.�.,t 6/G/�S' Owner: Robert Casselman 941 Grand Ave St. Paul, MN 55105 Owner Phone#: 612-222-2940 � �� In Re the License of Sharon Casselman J — d/b/a Home Sweet Home Antiques City's Exh. No. 3 Permit Fee . Penalty Fee . Other Fee . Plan Check Fee : State Surcharge: Total Fee . 25.00 0.00 0.00 0.00 0.00 25.00 .s Address: 941 Gzand Ave Foundation Frame Final Permit#: 502426 Notes , ,_ e °l � -��' � � � � � � x � � � #. � � �-. z y s ' k d � � t O � i� i � i -- r � � `� b ' i !�� m r t`' � , . � L G H �ri+Rl+Qs D T � °��'�-�� In re the License of Casselman, d/b/a Home Antiques State of Minnesota County of Ramsey Sharon Sweet Home l ) ss ) Your Affiant, Kristina Schweinler, duly states upon oath_ 1) That she is a Senior License Inspector with the Of£ice of License, Inspections and Environmental Protection for the City of Saint Paul. 2) That she has reviewed the files regarding the license of Sharon Casselman, d/b/a Home Sweet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. 3) That the licensee received a Second Hand Dealer's License, Single Location £or the premises at that address. 4) That the license was issued although the premises were in violation of building and fire codes, and no Certificate of Occupancy was ever issued. 5) That the occupancy of the building changed from residential to B-2 Business, and the change required compliance with certain building codes and a Certificate of Occupancy. 6) That the recommendation of the LIEP office is for revocation of the license because of the continued failure of the licensee to abide by timelines to make corrections necessary for issuance of the Certificate of Occupancy. 7) That the LIEP Office also requests reimbursement for the costs of the administrative law hearing based upon the fact that there was no dispute that the licensee was in violation of the building codes and failed to make an appearance at the hearing or to make arrangements which would make a hearing unnecessary. FURTHER YQUR AFFIANT SAYETH NOT. t i � � �� DA2'ED : tt � i� c 1 �o �l �–��^�"�-�.-�J� K�istina Schweinler �� In Re the Licenses of Sharon Casselman d/b/a Home Sweet Home —� City's E�. No.13 I. � Z S RITAR9.BOSG^�p 2 • � " NOTARYPUBLIC-Nf,:�.ESOTA s RAMSEY COIINTY � MY�m.ExPiresJan.37.2000 ~ _� OFFICE Of LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roben Kessleq Directo� cr r� -7 � S' CITY OF SAINT PAUL \brm Colenran. .ilaror LOfiRY PROFE55/O�AL BUlLD)�'G Suiie 300 350 St Peter Street Saint Pau7, Minneso�a 55/01-J510 G-t5-45 �-�� August 14, 1995 Sharon Casselman 794 Lincoln Avenue St. Paul, MN 55105 �n r�y -i� �.ner ��"�-c�P�'�' � Svb�n.kk�� ela.v��i RE: 941 Grand Avenue Dear Ms. Casselman: �h h�5 Oc� � � Te(ephane: 617-166-9�90 Fncsimile: 612-766A099 6/1-166-91?J C.�xe,l�r� �o�c.� �.�1. �� .Il� �� ✓,�,,k , � I issued orders to you in a]etter dated April ]0, 1995 regarding specific actions you must take relevant to the change of occupancy classification at 941 Grand Avenue. You have failed to comply by the deadline date of May I5, 1995. I am willing to extend your deadline to September 15, 1995, however you must comply by that time or face possible legal action. To aid you, I am enclosing a copy of the original written orders. I am available between the hours of 730 and 9:00 am weekdays to answer any questions you may have regarding this matter. You may reach me at 266-9029. Sincerely, J�� Greg ohns n Buildine spector GJ:aw �� —� In Re the License of Sharon Casselman J — d/b/a Home Sweet Home Antiques City's Exh. No. 4 ' 6 ��_�2� September 29, 1995 Mr. Greg Johnson, Building Inspector City of St. Paul 350 St. Peter St.; Suite 300 Saint Paul, MN 55102-1510 RE: 941 Grand Avenue Dear Mr. Johnson: The sign was changed last spring and the concrete steps and front walks have been replaced. Attached are the site and £loor plans as requested. Sincerely, ! C.e-�t�T �� Robert Casselman 794 Lincoln Ave. St. Pau, MI1 55105 � � In Re the License of Sharon Casselman � — d/b/a Home Sweet Home Antiques —'' City's Ezh. No. 5 ! �u�� suxsv�t�ru C�Pbb AVG JUB Norti� vl � E Site f'San ,��,�,� s . , ; r �� .� , - , � , `.- - - . ,�` i` .-� % = �.- � ,: � �� . _ �„- -- i .. � �� i' �� . _` ir '� ,.-, r ' � "� / ` . , :� . �' �• / f � ' ( [_�J . wA - . � � 4" / ' / ' / i ` �� /. � i _ r : // / �`�`�-- �� ,- ' r / �/� �� % - .i' i' _. / • /`� ' � , , /+! � `�. ;-- .;r= . .,� �. ��'`: .. �' ` F �� j ' � � � � � __ ��_ � �. �' �.,... �- � � � C �,__ -- ; - . _� f r �� !' � 0 n�� J °��PZEa _ S�coN � �Lov2 PLAt�1 __ , ==°,.; � littvttiHL tSU1Llli(VCi F'tFiMiT „ , ' -_- � - . CITY Of SAINT PAUL � - ' � CITY OF SAINT PALTL t OFFICE OF LIC&'�SE. INSPECitONS AND � - ENV[RONME.*1TAL PROTEC770Y I BU(/lJ//.'G LtiSPECI70NAND DESIGN � 95Q Sr Perer Stree� - Sui�e 300 � P�mrt No. W� Saint PauL .Lfi�mrtora 5510?-/5/0 6/2-266-5090 �� /� RC F�,'On1'C 3lC-r'S PLAN NO. DESCRIP710N OF PROJECT DATE qta0I ' OWNER ROt3GRT CAet� v „q,� OWNERSADDRESS � L�CCw .t�E gs-_ �,�„� ❑ OLD TYPE OF ❑ NEW TYPECONST. OCCUPANCY GRADING STUCCO OR ❑ BUILD ❑ AND EXC. ❑ PLASTE¢' ❑ DRYWA�L ❑ FENCE ❑ ADDITION ❑ALTER ❑REP�R ❑ MOVE ❑ WRECK M1UMo'c'P. S7n^_°ES . S1DE CFOeecraccT< q�i\ GRAUD WARD l07 B' WIDTH LOT STRUC- TURE ESTI � ��•d0 DETAI�S 6 AEMA�. �� Lcc'ti nc �t1cT /� i�v<�� % AACNiTEGT CONTRACTOq MASONRY PERMIT FEE N � MTLTOU SIOE LOT AD BVILDING WIOTH t,ENGTH HEtGHT STOflifS VAWE BASEMENT TOTAL FLOOR AREA ❑ YES � NO 5�, fT. 4NCLlfDEBASEMENT KS: VLAN CHECK STATE SUACMARGE TOTAL FEE APPLICAN7 CER71FIE5 THAT At,L IN- FOFMA710N IS CORREC7 AND THAT ALL PERTINENT STATE REGUTATIONS AND CITY ORDINANCES WILL BE COM- PL�ED WITH IN PERFORMING TME WORK FOA WHICH THIS PERMIT IS ISSUED. "-�' ,$�,�� AVTHORREDS�GNATURE 7/% ��(�' ; G� _ �; " .� � -yc : -9 ., c ADDRESS b ZIP STATE Y0.LUA n 3 �� s ��v ' � �� Dr-�' � " O CASHI� E ON�Y . WHEN VA�IOATED THIS IS YOUN PERM sr. coae _ ADDRESS OF JOB OFFiCE OF LICENSE, iNSPECTIONS AIQD ENVIItpN1�ffN'[qL pROTFC770N '� � � Robest Kersler, Director j ] � ..� CTTI' OF SATNT PAUL /V �j ' � IAWRY PROFESSIONAL Telephone: 612-266-9090 Nosm Colemart, Mayor . Y _ 1 BUlLDlNG Facsimi(e: 612-266-9099 � � / �� Suire 300 612-266-9/24 I � � 350 St. Peter Sveet SaintPaul, Minnesota 55702-I510 i ti �� 3 -'i -9 ce i et� ��t� C-8�e'�f;�t �� .0 �ra�3 t�e� +�a�l- ne�� er� la�:� s 0 �et-§�� o�\d. -s-sl.Cr ti�s ��ke. a�rjo�l�' ,�-, �le Robert�Sharon Casselman Q `�\ '��'{�'�"} �'� ��October 199�� 794 Lincoln Ave. �A�y �� — ��'�J; �Od'� Saint Paul, I�AT 551�5 Mr. and Ms. Casselman; Your property at 941 Grand Ave. has been under Fire Prevention Orders since December of 1994 to correct existing deficiencies that preclude your obtaining a Certificate of Occupancy (C of O). These deficiencies are a result of a change of use and occupancy without the proper approvals and permits from this Office. On April 10, 1995, the Area Inspector, Greg Johnson, sent a letter outlining the specific information that we needed in order to review the projeCt and determine what must be done to gain compliance with City, State, and F�ederal Laws and enable us to recommend issuance of a Certificate of Occupancy to Fire Prevention Staff. (It is my understanding that Greg has, again, extended the deadline for compliance to this past October lst.) On October 2nd, we received an extremely short letter and attachments that addressed some of the issues involved but clarified very little. We believe it is very much preferable to take a straightforward approach to problems such as this; gather the facts and information together, meet with appropriate City Staff and discu5s ALL the issues in proper context, come to agreement, issue permits, perform the work, etc. It seems clear, at this time, that a piecemeal approach has already led to problems and potential liabilities associated with the property. I would like to return to Greg's six points in April lOth letter and further explain our concerns and re£erence your responses, as I know them. Item 1.- "Provide for our rev'iew a site plan reflecCing the location and size o£ handicapped accessible and regular parking spots.' A. The small site plan that was submittefl indicates 2 normal parking spaces which are "stacked^ or aligned so that they would function as only one space. a. The accessible space is shown as 12 feet wide, this meets the requirements of Minnesota Law but does not meet the requirements of the Federal Americans with Disabilities Act which requires the lst accessible space in a parking area to be 16 feet wide for van- accessibility. C. The accessible space must have a State approved sign which includes the `Up to $250 fine £or violation" statement. Item 2.- °Provide a plan for a handicapped accessible site approach.' The •Ramp" to the rear entrance is indicated as a 1:20 slope which is appropriate for site access. However, there is no information or indication of whether this is merely a sidewalk on a sloping grade or a � � In Re the License of Sharon Casselman ' — d/b/a Home Sweet Y�ome Antiques —; City's Exh. No. 6 ' raised structure which will require construction drawings. See also item 6 below. xtem 3.- ^Provide a plan for the replacement of the concrete Q�'1 steps between Grand Avenue and the building." One of the enclosures in your letter is a copy of a Building Permit application, partially completed, for rebuilding the "front steps'. The application has notes, by our intern-TOdd Benson, indicating that this was an application for the steps, directly on the ground, near trie front sidewalk. The application indicates that no permit is required £or this type of work and strictly speaking that is correct. However, since there was no indication of the type of occupancy on the application and no other work indicated, I do not know the extent of the discussion. We talk to many thousands of customers every year and without full knowledge of the circumstances surrounding proposed work it is extremely difficult to assist in code compliance. If this proposed work had been presented in the larger context of code compliance for a change of occupancy we could have made clear the requirements for steps to a commercial property and just included it in the overall permit. In that case our Plan Examiners and the Building 2nspector could have assisted you in your obligatioa to meet code requirements. The following is my knowledge of the construction that was performed and the associated code requirements: A. A commercial stair may have a maximum riser height (vertical step height) of 7(seven) inches. The stairs that were constructed vary from 7-1/4 inches to 7-5/8 inches (except as noted in D below). B. The minimum commercial stair tread width is 11 (eleven} inches. S do not know if this requirement was met. C. Co�nercial stairs require at least one handrail; no handrail has been provided. There are size, height, and grippability standards for handrails. D. Regardless of the type of stair, all stairs must have risers which do not vary more than 3/8 of sa iach between the smallest and largeat riser. This stair was constructed with all risers in the 7-1/4 t0 7-5/8 inch range EXCEPT THE SOTTOM RISER WHICB IS ONLY 3-5/8 INC$ES HIGHl. This is a serious code violation; a serious tYipping hazard, and a serious potential liability for you as property owners. E. The question of whether accessible access from the Grand Ave. public way to your business was feasible and reasonable was probably not fully addressed and certainly not documented. This, potentially, leaves you, as property owners, open to complaints and/or lawsuits under the Federal Americans with Disabilities Act. item 4.- The Building signage requirements have apparently been corrected. 2tem 5.- "Obtain a building permit before proceeding with construction of the parking area, site approach, and steps." See all of the above aad belom. xtem 6.- "Provide a floor plan of each level of the building with a description of its intended use." The submission with your September 29th letter included ONLY 2 COPIES OF THE 2ND FLOOR PLAN (!] with colored hatching indicating •occupied-furniture". No other floor plans were included; no scale, dimensioning, or other details were provided. To note SOME, HIIT NOT NECESSARILY ALL, OF T8E CONDITIONS TBAT WE ARC CONCERNED ABOVT: A. sasemeat: Is the basement being utilized for retail or storage area? If the basement is used for more than just 'service• of the building it may need to be "sprinklered•, may need a fire separation between it and the lst floor, and, if it is used for retail, two exits will be required. B. lst Floor: 1. Accessibility: From the accessible site approach, an accessible door must have 31• (State, 32" Federal) clear opening width, "latch•-side clearance for approach, lever hardware if the door is latching, and direct access to the main retail level. If a vestibule is �� 0 � provided or if other walls restrict maneuver, modifications may be �y required to achieve accessibility. � 2. Does the front entry area meet the Euilding Code for � � stairs, landings, handrails, and other concerns? Does it meet the v � I requirements of the Federal P.mericans with Disabilities Act? 3. Is there a restroom on the lst floor? Is it being remodeled now or in the future? Sf no restroom is existing, when will an accessible restroom be provided? NOTE: We fully realize that it is oftea difficult to initially provide an accessible restroom in this type of conversion. Therefore, we have usually allowed an existing non-accessible restroom to suffice for small shops until the owner wishes to remodel them. S£ no restroom exists on an accessible level, then it is best that we establish an agreement and timeline for the £uture construction of, at least, a single, uni-sex accessible restroom. These types of considerations are always subject to citizen or prospective employee complaint under the Federal ADA. (We currently have no legal right to en£orce or make determinations regarding the ADA. We do, however, attempt to advise customers of the requirements and assist in compliance) 4. Do the walls, openings, fixtures, and furniture provide appropriate access and exit travel •paths"? 5. Location of fire extinguisher? C. 3rd Floor: Is there a 3rd floor? If so, is it utilized for occupancy or storage? Final Zoning and Building Code Approvals must be given, by this Office, before a Certificate of Occupancy may be issued by Fire Prevention. Based on the infoxmation I have, it does not appear that any other significant problems (or charges, such as the Metropolitan Waste Coimnission's Service Availability Charge) exist. It is unfortunate that a leCter such as this, especially this length (!), is necessary, but I wanted to be sure you understand our concerns regarding this change of occupancy. Obviously, the Business License you received was issued without realizing that it was a change of use. If this matter can not be resolved in the near future, your occupancy of the building as a business and the license could be in jeopardy. Sinc T� Halvorso Senior Plan Examiner enc: Casselman letter 9/29/95 cc: Dave Bergman, Fire Prevention Greg Johnson, Building Inspector File Lic ID ................... 61881 STAT ..................... AC Business Name............ CASSELMAN, SHARON Address .................. 941 GRAND AVE Zip ...................... 55105 Doing Business As........ HOME SWEET HOME ANTIQUES License Name ............. SECOND HAND DEAI,ER-SINGLE LOCATION Exp Date ................. 10/12/96 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 4246168 227-4750 Press 'C' to continue, 'P' to print, or 'R' to redisplay... � �� Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . ■ In Re the License of Sharon Casselman ' — dli�/a giome 5weet Home Antiques — City's Exh. No. 7 ! � CITY OF SA1NT PAUL Norm Coleman, Mayor August 6, 1996 OFFI�OF THE CITY A'I"CORNEY Timoth Marz, Ciry Alforney a� -, Civr1 Division 400 Ciry Ha11 rs wesr �no� sha Satrst Paul, Minnesom 55702 Telephone: 612166-8710 Facsimik: 672 198-5619 Mrs. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Re: Licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques Our File Number: G96-0301 Dear Mrs. Casselman: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: A review of the records fsom the Building Inspection and Design section of the City of Saint Paul indicates that you are in violation of orders issued by the Saint Paul Fire Department in connection with the change in occupancy at 941 Grand Avenue from residential to commercial. You were notified by a letter dated April 10, 1995 that in order to secure a Certificate of Occupancy you would need to comply with six requirements set forth. The deadline of May 15, 1995 has been extended twice, but as of July 1996 you were still not in compliance with the applicable fire and building codes. If you do not dispute that the above is accurate, 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 ten days from the date � —. In Re the License of Sharon Casselman i — cl/b/a FIome Sweet Home Antiques — C►ty➢s Exh. No. 8 .' ' ' � Page 2 � �� of this letter. If I do not hear from you, I will schedule the 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, ULIC�� G��vuiL Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., S60 St. Clair Ave., St. Paul, MN 55105 . . , � c�1�'��5� STATE OF MINNESOTA ) ) ss. AFFIDAVST OF SSRVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 7, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mrs. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue St. Paul, MN. 55105 (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 7th day of August, 1996. ��. �� . . � RITA M. BpSSARD � NOTARY PUBUC - MINNES�TA t�nAnser couarv � Mrco�. �es,�. s,. z000 � CITY OF 5AINT PAUL Norm Coleman, Mayor August 20, 1996 Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Ms. Sharon Casselman 794 Lincoln Avenue Saint Pau1, Minnesota 55105 RE: Licenses held my Sharon Antiques License ID NO.: 61881 Our File Number: G96-0301 Dear Ms. Casselman: OFF�F THE CITY ATTORNEY Timot Masx, Ciry Attorney Civil Division 400 City Hall IS West Kellogg Blvd Saint Paul, dTinnesom 55102 �Q `? -'S 2-� Telephone: 6I2 266-87T0 Focsimi]e: 6l2 298-5679 Casselman d/b/a Home Sweet Home Our office sent you a letter dated August 6, 1996, in which you were notified that a review of city records indicated that you were in violation of orders issued by the St. Paul Fire Department in connection with the change in occupancy at 941 Grand Avenue from residential to commercial use and the need to meet applicable fire and building codes. The letter asked that you contact this office to let us know whether you disputed that fact. Although you've phoned to say you would be going out of business, we still need to proceed with adverse action. Please let us know in writing whether you wish to admit to the violation. If you admit to the violation, this matter will then be scheduled before the Saint Paul City Council to determine what, if any, penalty to be imposed. If we have not received anything in writing by Monday, August 26, 1996, we will proceed to schedule this matter for an evidentiary hearing before an administrative law judge. At that hearing you will be able to appear and present witnesses, evidence and cross-examine the city's witnesses. The city in turn will also present witnesses and evidence and may cross-examine any witnesses you bring to testify on your behalf. We will send you a notice which will tell you when and where the hearing is to be held. Page 1 � � In Re the License of Sharon Casselman ` dfb(a Home Sweet Home Antiques �� City's Exh. No. 9 : � � In addition to the penalty, the city will also be seeking reimbursement for the cost of the administrative hearing, since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with. I still ask that you call, so that we may discuss the matter. I can be reached at 266-8710_ Sincerely, �� Virginia D. Palmer Assistant City Attorney � �1' l - �2� cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 a , �'l - 3 2-� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 21, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, MN. 55105 Ms. Sharon Casselman 794 Lincoln Avenue St. Paul, MN. 55105 (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 . . KA?Nr�YN J. t�4ciAUGHLIN _'i.,;., NCTFRYPUBLIC-MINNESOTA ��?=.' RAMSEY COUNTY MY ��. �Pkes Jan. 31.2000 �'� -- 3 � � AUGUST 23, 1996 Office of the City Attomey Civil Division 400 City Hafl 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 RE: Licenses held by Sharon Casselman d/b/a/ Home Sweet Home Antiques License ID NO.: 61881 F�Ie �vu�rber: G9S-C3v^ � To whom it may concern, Nome Sweet Home Antiques is no longer open for business. tt has not been open for several weeks now, and is permanently closing its doors. Since the business is now closed, we are no longer violating the orders issued by the St.Paul Fire Department. We do not see any reason to take this matter any further, but it is obviously not our place to decide that. However, we ask that you reconsider proceeding with adverse action. Thank you for your time and effort. Sincerely, Chad Casselman Son of Sharon Casseiman '� � In Re the License of Sharon Casselman — d/b/a Home Sweet Home Antiques —', City's Exh. No. 10 �� . '�� _ �.� �,,,.� ,�u..�t � �a �t�` �� ,��`� � '� �� .`� ��.�_�,�� . � � � � �.�`°``:�... � '� �.�-z.� ��' � -u- c��"""-^J �a�.�i�u.r/ �� .� �- ��, � ��;o S _ �� . ��. °i ,� _� �-�' � , ��-. . � � OFFI�F THE CITY ATTORNEY Timotli�Marx, Ciry Attorney CITY OF SAINT PAUL Norm Coleman, Mayo� August 26, 1996 Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, MN 55105 l 1 �J Civil Division 400 Ciry Hall IS West Ke[loggBlvd Saint Pau� �Yfnuresota 55102 Telephone: 672 266-8710 Facsimile: 617 298-5679 RE: All licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques, Our file #G96-0301 Dear Ms. Casselman_ I received your letter dated August 23, 1996 in which you indicate that Home Sweet Home Antiques has been closed, as well as a letter from your son, Chad Casselman, indicating that you see no reason to take the matter further. Although I understand that you and your son believe the matter is ended because the business is closed, I cannot simply stop the adverse action process. At this point, if you wish to send a letter to me asking that your license at that location be withdrawn, I can present that to the City Council, and that is likely to be the end of the matter. By ordinance, they could decide to continue with the adverse action process even after you surrender or withdraw your license, but this is not a situation in which that is very likely. At this point, you have several options. First, you can send a letter indicating that you do not dispute the facts in the original Notice of Violation letter, and ask that the matter be set before the City Council. We would notify you of the date it was scheduled, and you could appear in person, submit written argument, or simply not appear or respond. The license would then be revoked. Second, you could send a letter indicating that you wish to surrender or withdraw your license, and the matter would be set before the City Council to act on that request. You would not be able to operate a business unless you reapplied for a license. Third, if you wish to deny the allegations, or simply wish to have a hearing on this matter, you can let me know that and this will be scheduled for a hearing in front of an administrative law judge, who would then make findings of fact, and would submit a recommendation to the City Council for action. The Council can accept or amend the findings and makes a decision regarding your license. ■ � In Re the License of Sharon Casselman — d/b/a Home Sweet Home Antiques — I City's Exh. No. fll ; ,. : � � �C�-'3�� Sharon Casselman August 26, Z996 Page 2 I look forward to hearing from you on your decision regarding how you want to proceed. If you still have questions, please feel free to contact me. Sincerely, ��-� C�.� Virgznia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP - � � i � �l'1-� a-�' STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 24, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue St. Paul, MN. 55105 Sharon Casselman c/o Chad Casselman 794 Lincoln Avenue St. Paul, MN. 55105 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribefl and sworn to before me t�iis 24th day of Sep�ember, 1996. I- MINNESOiA GOUNTY Comm. of said person) and depositing the United States mails at St. �"��^�,��', � `�,r� i i€ 4>3 i e�'i :'''� °_. N Presented By Referred To 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 council File # q�t, - 3 ag Green Sheet # ��V�Z�� Committeec Date RESOLVED, that the Second Hand Dealer's License held by Sharon Casselman, d/b/a Home Sweet Home Antiques, for the premises at 941 Grand Avenue, is hereby revoked effective upon passage and signature of this resolution. �� , FURTHER RESOLVED, that the fmdings of fact, conclusions of law and memarandum of the Administrative Law Judge contained in her report dated December 2, ' 1996, are hereby adopted as the written findings and conclusions of the Council in this matter, and the recommendation of the Administrative Law Judge is hereby adopted. FURTHER I2ESOLVED, that the costs of the hearing before the admnustrative law judge, in the amount of $284.80, are ordered to be paid by the licensee. This Resolution is based on the record of the proceedings before the administrative law judge on October 31, 1996, the docuxnents and e�chibits introduced therein, and the deliberations of the Council in open session on March 12, 1997. A copy of this Resolution, as adopted, shall be sent by first class mail to the Adtninistrative Law 7udge and to Sharon Casselman. Requested by Department of: By: By: Approved by Mayor: By: Date Form Approved by City Attorney Ey: �� Approved by Mayor for Submission to Council By: Adopted by Council: Date � � Adoption Certified by Council Secretary qri—aa� llfl�4`,� DEfMflTMENT/�F�CEICO�NCI� DATE 1NITATED � ' ` ' — cs� co,�,�� o�� 3-25-1997 GREEN SHEE CON7ACTPERSON 8 PHONE INITIAVDATE 1NITIALIDATE �DEPARTMENTDIRE �CITYCqUNpL Dave Thune, 266-8620 A��N O CRYATTOflNEV � qTV CLERK MUST BE ON COUNC�L AGENDA BY (DATE) NUNBEN FOR O BUOGEf DIRECTOR � FIN, & MGT, SEFiVIGES Dlq. ROIRING A Tl� , Z 199,T ONDER O MAYOR (OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) AC'fION REQUESTEp. Finalizing Ciry Council acrion taken on Mazch 12, 1997, concerning adverse action against licenses held by 5hazon Casselman, DBA Home Sweet Home Antiques, 941 Grand Avene. RECOMMENOanata5: qppiove (A) w Re�ecc (R) pERSONAL SERVICE CONTRACTS MUST ANSWEp TNE FOLLOWING �UESTIONS: _ PLANNING COMMI$$IQN _ CIVIL SERVICE COMMISSION 1. Has this personffirm ever worked untler a conhact for this tlepartment? _ CIB CAMMITTEE _ YES NO _ 57qFF 2. Has Mis personA7rtn ever been a ciry employee? — YES NO _ OISTRIC7 CoUar _ 3. Does this person/firm ossess a skill not normall ossessetl p y p by any currerrt city employee? SUPPORTSWHICHCWNCILO&IECiNE? YES NO Explain all yes answers on separste aheet and attach to greon shcet INITIATING PROBLEM, ISSUE, QPPORTUNIIY(Who, Whet. When, Whara,Why): ADVANTAGESIFAPPROVED� DISADVANTAGES IFAPPROVED' z.t�s�. . _..._ "''�:Edi 7 ae'��3E'�i r:. :� � �`<:s :;6 �, �? fJ;�� _ _ .��_..�.<� �''', DISADVANTAGES IP NOT APPflOVE�: � � � TOTAI AMOUNT OF TRANSACTION $ COSTlREYEPlUE BUDGETED (CIRCLE ONE) YES NO FUNDIIBG SOUHCE ACTIVITY NUMBER FINANCIAL INFOflhSATION (EXPLAIN) STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 170D 1 DO Washington Avenue South Minneapolis, Minnesota 55401-2138 December 2, 1996 City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: The Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear City Clerk: ��a� s�, Enclosed for service upon the Saint Paul City Council are the Findinqs of Fact, Conclusions of Law and Recommendation for the above-referenced mat�er. A copy of this Report has also been served this day on Virginia Palmer of the Office of the City Attorney and Sharon Casselman, licensee. ely, n�� R'ta A. McConnell dministrative Law Judge cc: Ms. Virginia Palmer Ms. Sharon Casselman Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 3Q1-7346 � Fax No. (612) 349-2665 �� December 2, 1996 Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. 5haron Casselman 794 Lincoln Avenue Saint Paul, MN 55105 Re: The Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear Ms. Palmer and Ms. Casselman: Enclosed for service upon you please find a copy of the Findings of Fact, Conclusions of Law and Recommendation in the above-captioned matter. A copy has also been served this day upon the City Clerk. Sincerely, Irita A. McConnell Administrative Law Judge !� cc: City Clerk � � �� ' � STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses held by Sharon Casselman, djb/a Home Sweet Home Antiques 941 Grand, Saint Paul, Minnesota 80-2111-10758-3 FINIIINGS OF FACT CONCLUSIONS OF LAW AI3D RECOI�A'IEI3DATION The above-entitled matter came on for hearing before Administrative Law Judge Rita A. McConnell on October 31, 199fi at 9:30 a.m., in Room 1504, Saint Paul City Aall Annex, 25 West 4th Street, Saint Paul, Minnesota, 55102. The record closed on October 31 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behalf of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). Neither Sharon Casselman nor any other individual appeared on behalf of the license applicant. Notice is hereby given that this Report is a recommendation only and not a final decision. The St. Paul City Council will make the final deaision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, 5t. Paul City Council, 385 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. �� STATEMEI3T OF ISSUES 1. Whether licensee failed to bring the licensed premises into compliance with applicable building codes. 2. Whether licensee should be assessed the costs of the contested hearing on the grounds the licensee�s de£ense was frivolous, arbitrary or capricious. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Sharon Casselman ("Casselman") holds a Second Hand Dealer - Single Location license for the premises operated as Home 5weet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. the license expired on October 12, 1996. City's Exhibit No. 7. 2. On December 30, 1996, Building Inspector David Bergman form the Department of Fire and Safety Services sent Casselman a letter confirming an inspection of the licensed premises two days earlier. Mr. Bergman informed Casselman that approval for occupancy of the premises was contingent upon completion of an attached Corrections List. The list required Casselman to contact the building inspection and design Division regarding the change in occupancy from a residential to a business premises. Bergman informed Casselman that failure to comply with the directive could result in revocation of the Certificate of Occupancy and a violation of the Saint Paul Legislative Code. City Exhibit No. 1. 3. On April 10, 1995, building inspeator Greg Sohnson sent Casselman a letter following up on the Bergman letter. Johnsan informed Casselman that she had to take six specified steps by May 15, 1995 to obtain a Certificate of Occupancy. City's Exhibit No. 2. 2 �� a� � 4. On August 14, 1995, Johnson sent another letter to Casselman stating that she had failed to comply with the specified actions by the May 15 deadline and extending the deadline to September 15, after which Casselman would "face possible legal action." City's Exhibit No. 4. 5. On September 15, Johnson returned a message from Bob Casselman and extended the deadline to October 1"for submitting plans and pulling permit.° City's Exhibit No. 4. 6. Rabert Casselman sent a letter to Johnson on September 29, 1995, statinq that two of the six required changes had been made and enclosing a"site and floor plan." City's Exhibit No. 5. 7. On October 9, 1995, Senior Plan Examiner Tate Halvorson sent Robert and Sharon Casselman a letter informing them that the September 29 submission was not suf£icient and detailing the requirements that remained unfulfilled. Halvorson informed the Casselmans that the Certificate of Occupancy could still not be issued. 8. On August 6, 1996, the Assistant City Attorney sent Casselman a I3otice of Violation informing her that adverse action would be taken against her license because the premises were still not in compliance with applicable fire and building codes as of July, 1996. The letter offered to allow Casselman to by pass an administrative hearing. City's Exhibit No. 8. 9. On August 20, 1996, the Assistant City Attorney sent Casselman another letter notifying her that the adverse action would proceed even though Casselman had informed the City Attorney's office that she would be going out of business. The Assistant City Attorney again offered to by- pass the administrative hearing, and informed Casselman that the City would seek an award of costs of the hearing "since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with." City's Exhibit No. 9. 3 /�/(�� 10. On or about August 23, 1996, Chad Casselman, son of Sharon Casselman, sent the City Attorney a letter advising that Home Sweet Home Antiques was closed £or business and asking that the City Attorney "reconsider proceeding with adverse action." This letter was accompanied by a handwritten note from Sharon Casselman confirming that the business is closed. Ms. Casselman stated that any charges pending for inspection services could be billed to her. City's Exhibit No. 10. 11. The Assistant City Attorney responded to those letters on August 26, 1996, explaining that the adverse action could not be stopped, but offering several alternatives to an administrative hearing. City's Exhibit No. 11. 12. G3hen the City Attorney's Office received no reply to the August 26 letter, it issued a Notice of Hearing setting the hearing for Thursday, October 31, 1996 at 9:30 a.m. Citp's Exhibit No. 12. 13. Neither Sharon Casselman nor any representative appeared on her behalf at the scheduled hearing. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a licensee if a license was issued in violation of any provision of the Zoninq Codes or if the licensed premises do not comply with applicable health, � a,, .3 housing, fire, zoning and building codes and regulations. St. Paul Legislative Code Section 310.06(bj(3). 3. The Licensee is in default herein under Minn. Rule 1400.6000 as a result of her failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations of and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to correct conditions necessary to obtain a Certi£icate of Occupancy and operated the licensed business without complying with applicable codes and regulations. 6. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy to change the buildinq from residential to business property is a violation of the code. 7. The defense of the licensee in this matter was frivolous, arbitrary and capricious. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMEND&D that the St. Paul City Council take adverse action aqainst the license of Sharon Casselman by revoking the license and requiring the licensee to pay the costs of the administrative hearing. Dated this 2nd day of December, 1996. �� C Rita A. McConnell inistrative Law Judge 5 �� Reported: De£ault NOTICE The St. Paul City Council is requested to serve a copy o£ its final decision upon the Administrative Law Judge as well as the parties by first class mail. MEMORANDUM The premises operated by Sharon Casselman under her Second Hand Dealer's license were never in compliance with applicable building and fire codes. The City undertook extensive efforts to inform Casselman of her obligations and to provide her with ample opportunities to correct the deficiencies. These efforts went almost unnoticed by the licensee, who failed repeatedly to respond appropriately to the City's communications. This failure extended eve� to the administrative hearing of this matter. Since the licensee was well informed of the requirements for her property, and was given ample opportunities to resolve the adverse action without a hearing, both a license revocation and an assessment of costs is appropriate. R.A.M. '� OFFICE OF THE CITY ATTORNEY rvnorhy E. Mmx, cify Auorney CITY OF SAINT PAUL Nome Colemmi, Mayor Civil Division 400 City Hal] IS West Kellogg Blvd Sain1 Pau� M'mnesora 55701 ��'-�a Te7ephane: 612 266-8770 Facrimik: 671 298-56I9 December 9, 1996 NOTICS OF COIINCIL IiEARING Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Re: Al1 Licenses held by Sharon Casselman dJb/a Home Sweet H�me Antiques for the premises located at 941 Grand Ave., St. Paul Our File Number: G96-0301 Dear Ms. Casselman: Please take notice that a hearing on the report of the Administrative Law 3udge concerning the above-mentioned license has been scheduled for 4:30 p.m., Thursday, Jaauary 2, 1997, in the City Council Chambers, Third Rloor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart £rom the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � �/�� ' � �,-�.� �...._. _.a� _ ; ._ ',." .._ 4� � £ € s;�m� Virginia D. Palmer Assistant City Attorney cc: Sharan Casselman c/o Chad Casselman, 794 Lincoln Ave., St. Paul, MN 55105 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 : January 27, 1997 Fred Owusu City Cterk 170 City Hall 15 W. Keilogg Blvd. St. Paul, MN 55102 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEAffiNGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 � �� Re: In the Matter of the License Held by Sharon Casselman, dlbfa Home Sweet Home Antiques; OAH Docket No. 80-2111-10758-3 Dear Mr. Owusu: On December 2, 1996, Administrative Law Judge McConnekk served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Enclosed is the o�cial record. Since this matter was a default, no tape recording exists. Our file in this matter is ctosed. Very truly yours, � /��, i��-v � Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Citizens An Equal Oppdrfunity Employer Administrative Law Section & Administrafive Services (612) 341-7600 � TDD No. (612) 341-7346 � F� No. (612) 349-2665 �� AFFIDAVIT OF SERVICE BY MAIL Rita A. McConnell, of the City of St. Paul, County of Ramsey, in the State of Minnesota, being duly sworn, states that on the 2nd day of December, 1996, she served the annexed Findings of Fact, Conclusions of Law and Recommendation, upon the individuals named below by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the U.S. Mail at Saint Paul, Minnesota as follows: Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. Sharon Casselman 794 Lincoln Avenue Saint Paul, MN 55105 City Clerk Saint Paul City Council 38b City Ha11 15 West Kellogg Blvd. Saint Paul, MN 55102 FURTHER AFFIANT SAYETH NOT. C i a A. McConnell Subscribed and swor to before me his day of December, 1996. Notary u lic Kcae��sw�va..a � STEVEN F. MATTAINI y NOTARYPUBLIC-MINNESOTA w,MSev couuTv Mb commssron Exuires aan.3t. 2W o STATE OF MINNESOTA OFFICE OF ADMINIS`PRA`PIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses held by Sharon Casselman, d/b/a Home Sweet Home Antiques 941 Grand, Saint Paul, Minnesota 80-2111-10758-3 �� ' FINDINGS OF FACT CONCLUSIONS OF LAW AI3II RECONIIyIENDATION The above-entitled matter came on for hearing before Administrative Law Judge Rita A. McConnell on October 31, 1996 at 9:30 a.m., in Room 1504, Saint Paul City Hall Annex, 25 West 4th Street, Saint Paul, Minnesota, 55102. The record closed on October 31 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behalf of the City of Saint Paul, OPfice oP License, Inspections and Environmental Protection (LIEP). Neither Sharon Casselman nor any other individual appeared on behalf of the license applicant. Notice is hereby given that this Report is a recommendation only and not a final decision. The St. Paul City Council will make the final deaision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, St. Paul City Council, 386 City Ha11, St. Paul, Minnesota 55102, to ascertain the procedure £or £iling exceptions or presenting argument. �1. � �� STATEMENT OF ISSUES 1. Whether licensee failed to bring the licensed premises into compliance with applicable building codes. 2. Whether licensee should be assessed the costs of the contested hearing on the grounds the licensee's defense was frivolous, arbitrary or capricious. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Sharon Casselman ("Casselman") holds a Second Hand Dealer - Single Location license for the premises operated as Home Sweet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. the license expired on October 12, 1996. City's Exhibit No. 7. 2. On December 30, 1996, Building Inspector David Bergman form the Department of Fire and Safety Services sent Casselman a letter confirminq an inspection of the licensed premises two days earlier. Mr. Bergman informed Casselman that approval for occupancy of the premises was contingent upon completion o£ an attached Corrections List. The list required Casselman to contact the building inspection and design Division regarding the change in occupancy from a residential to a business premises. Bergman informed Casselman that failure to comply with the directive could result in revocation of the Certificate of Occupancy and a violation of the Saint Paul Legislative Code. City Exhibit No. 1. 3. On April 10, 1995, building inspector Greg Johnson sent Casselman a letter following up on the Bergman letter. Johnson informed Casselman that she had to take six specified steps by May 15, 1995 to obtain a Certificate of Occupancy. City's Exhibit No. 2. 2 ��_ �� 4. On August 14, 1995, Johnson sent another letter to Casselman stating that she had failed to comply with the speci£ied actions by the May 15 deadline and extending the deadline to September 15, after which Casselman would "face possible legal action." City's Exhibit No. 4. 5. On September 15, Johnson returned a message from Bob Casselman and extended the deadline to October 1"£or submitting plans and pulling permit." City's Exhibit No. 4. 6. Robert Casselman sent a letter to Johnson on September 29, 1995, statinq that two of the six required changes had been made and enclosing a"site and floor plan." City's Exhibit No. 5. 7. On October 9, 1995, Senior Plan Examiner Tate Halvorson sent Robert and Sharon Casselman a letter informing them that the September 29 submission was not sufficient and detailinq the requirements that remained unfulfilled. Halvorson informed the Casselmans that the Certificate of Occupancy could still not be issued. 8. On August 6, 1996, the Assistant City Attorney sent Casselman a Notice of Violation informing her that adverse action would be taken against her license because the premises were still not in compliance with applicable fire and building codes as of July, 1996. The letter offered to allow Casselman to by pass an administrative hearing. City's Exhibit No. 8. 9. On August 20, 1996, the Assistant City Attorney sent Casselman another letter notifying her that the adverse action would proceed even though Casselman had informed the City Attorney's office that she would be going out of business. The Assistant City Attorney again o£fered to by- pass the administrative hearing, and informed Casselman that the City would seek an award of costs of the hearing "since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with." City's Exhibit No. 9. 3 e1� -'� � � 10. On or about August 23, 1996, Chad Casselman, son of Sharon Casselman, sent the City Attorney a letter advising that Home Sweet Home Antiques was closed for business and asking that the City Attorney "reconsider proceeding with adverse action." This letter was accompanied by a handwritten note fram Sharon Casselman confirming that the business is closed. Ms. Casselman stated that any charges pending for inspection services could be billed to her. City's Exhibit No. 10. 11. The Assistant City Attorney responded to those letters on August 26, 1996, explaining that the adverse action could not be stopped, but offering several alternatives to an administrative hearing. City's Exhibit No. 11. 12. When the City Attorney's Office received no reply to the August 26 letter, it issued a Notice of Hearing setting the hearing for Thursday, October 31, 1996 at 9:30 a.m. City's Exhibit No. 12. 13. Neither Sharon Casselman nor any representative appeared on her behalf at the scheduled hearing. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St. Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a licensee if a license was issued in violation of any provision of the Zoning Codes or if the licensed premises do not comply with applicable health, 4 �(�1-�a� housing, fire, zoning and buildinq codes and regulations. St. Paul Legislative Code Section 310.06(b)(3). 3. The Licensee is in default herein under Minn. Rule 140�.600U as a result of her failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations of and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to correct conditions necessary to obtain a Certificate of Occupancy and operated the licensed business without complying with applicable codes and regulations. 6. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy to change the building from residential to business property is a violation of the code. 7. The defense of the licensee in this matter was frivolous, arbitrary and capricious. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council take adverse action against the license of Sharon Casselman by revoking the license and requiring the licensee to pay the costs of the administrative hearing. Dated this 2nd day of December, 1996. � ita A. McConnell inistrative Law Judge 5 �,�_�3�1 Reported: Default NOTICE The St. Paul City Council is requested to serve a copy of its final decision upon the Administrative Law Judge as well as the parties by first class mail. The premises operated by 5haron Casselman under her Second Hand Dealer's license were never in compliance with applicable building and fire codes. The City undertook extensive efforts to inform Casselman of her obligations and to provide her with ample opportunities to correct the deficiencies. These efforts went almost unnoticed by the licensee, who failed repeatedly to respond appropriately to the City's communications. This failure extended even to the administrative hearing of this matter. Since the licensee was well in£ormed of the requirements for her property, and was given ample opportunities to resolve the adverse action without a hearing, both a license revocation and an assessment of costs is appropriate. R.A.M. C7 STATE OF MINNESOTA OFFICE OF ADMiNISTRr1TlVE AEAR(NGS 100 Washington Square, Suite 7700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 December 2, 1996 Ms. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Ms. S�haron Casselman 794 Lincoln Avenue Saint Paul, MN 55105 Re: The Licenses of Sharon Casselman dJb/a Home Sweet Home Antiques 941 Grand Avenue, Saint Paul, Minnesota File No. 80-2111-10758-3 Dear Ms. Palmer and Ms. Casselman: Enclosed for service upon you Findings of Fact, Conclusions the above-captioned matter. ��_7a� please find a copy of the of Law and Recommendation in A copy has also been served this day upon the City Clerk. ,��-Y, � ? C R'ita A. Mc onnell -_-Administrative Law Judge cc: City Clerk Providing 4mpartial Hearmgs for Government and Citizens A n Equ Oppor tunity E mployer Adrninisirative Law SecGon & Administrative Services (612; 341-7600 e TDD No (672j 341-7346 � Fax No (612} 34&2665 G '� a �- `� (b) Class II Iicenses. Where an application for the grant, issuance or reneFCal of a Class II license meets all the requirements of law, and there e�sts no ground for denial, revocation or suspen- sion of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said Iicense in accordance'with the application. (c) CZass I and C2ass II Zicenses, if denied by director. in the event the director, in the case of both Class I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- ments of law' or that there exist grounds for denial, revocation, suspension or othez adverse action against the license or the licensee, the director shall recommend denial of the applica- tion and follow the procedures for notice and hearing as set forth in section 310.05. (d) Class IZI Zicenses. (1) Grarzt, issuance or transfer. Upon receipt of a fully completed application and required fees for a Class III license, and after the investigation required, the director shall notify the council. A public hearing shall be held on the grant or issuance of all Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class TII license, or where the council believes that thue is e�idence which might result in action adverse to the original or renewal application, the direc- tor oa his or her own initiative, or at the direction of the council, shall follow the pmcedures for notice and hearing as set forth in section 31�.�5. Where the appiica- tion for the grant, issuance or renewal of a Class III license meets all the require- ments of law, and where there esists no ground for adverse actian, the council shall by zesolution direct that the director issue such license in accordance with law. (2) Renewat. Tlze director shall in writing no- tify the council, and the affected neighbor- hood organizationCs) established for citizen participation purQoses, at least sixty (603 days before the expiration date of all Class III licenses. A public hearing on the re- newal of any such license shall not be held Supp. No. 33 LICENSES § 310.05 except on the request of a councilmember, which request shall be incorporated in the form of a council resolution. Upon the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood organizations. Such public hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in aecordance with law. (e) Appeat; CZ¢ss I or Ciass 77 l'uenses. An appeal to the city council may be taken by any - persoa aggrieved by the grant, issuanee oi re- newal of a Class I or Class II lieense; provided, however, that the appeal shall have been fited with the city clerk within thirty (30) days after the action by the director. The only grounds for appeal shall be that there has been an error of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged errors of law. The councii shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the iicensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofaz as is practicable, shall appYy to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decisian was based oa an error oflaw. The filing of an appeal sfiall not stay the issuance of the license. (fl No w¢iaer by renewal. The renewal of any license, whether Class I, II or III, shall nat be deemed to be a waiver of any past violations or of any grounds for imposition of adverse action against such license. (Code 1956, § 510.04; Ord. No. 17455, § i, 5-21-87; Ord. No, i7551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.E Na 95-473, § 3, 5-3i-95; C.F. No. 95-1517, 1-31-96) Sec. 810.05. Hearing procedures. (a) Adverse ¢ction; notice and hearing require- ments. In any case where the council may or 2027 �� 1 _� a-g" § 310.05 LEGISLATIVE CODE inteads to consider any adverse action, including the revocation or snspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be given noti:e and an opporbi�nity to be heazd as provided herein. The council may consider such adverse actions when recommended by the inspectoz, by the director, by the director of any egecutive department estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is eatitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time ofthe hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepazed and served or mailed by the inspector or by the city attorney. (c} He¢rircg. VJheze there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted 6efore a hearing egaminer appointed by the coun- cil or retained by contract with the city for that purpose. The applicant or the licensee shall be provided aa opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasouable cross-esamination and rebuttal evidence. The hearing esaminer may in its discretion permit other interested persons the opportunity tA present testimony or evidence or othercvise participate in such hearing, (o-l) Procedure; hearing examiner. The hearing examiner shall heaz all evidence as may be pre- sented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse actio�. The council shall consider the evidence rnn- taiaed in the record, the hearing esaminers rec- ommended findings of fact and conclusions, and shalt not consider any factual testimony not pre- viously submitted to and considered by the hear- iag egaminer. After receipt of the hearing examiner s findings, conclusions, and recommen- dations, the council shall provide the applicant or licensee an opportunity to present oral or written arguments alleging error on the part of the exam- iner in the application of the law or interpretation of the facts, and to present azgument related to the recommended adverse action. Upon conclu- sion of that hearing, and after wnsidering the record, the examiner's findings and recommenda- tions, together with such additional azguments presented at the hearing, the council shall deter- mine what, if any, adverse action shall be taken, wbich action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing eacam- iner. (c-2) Ex parte corztacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion cecurs on the record during the hearings of the matter or during the council's finai deiiber- ations of the matter. No interested person shall, with Imowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, ar sm ent or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regazding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the ficensee which is the subject of the scheduled adverse hearing, oz a person who has a financial interestin such licensee. (d) Licensee 6r ¢pplic¢nt may be rnpresented. The licensee or applicant may represent himseif or choose to be represented by another. Supp. No. 33 Zp2g �'1- � �"� .� � LICENSES § 310.05 (e) Record; eaidence. The hearing examiner shall receive and keep a record of such prceeedings, including testimony and exhibits, and shall re- ceive and give weight to evidence, including heaz- say evidence, which possesses probative value com- monly accepted by reasonable and prudent persons in the conduct of their a$'airs. (fl Council action, resolutiorz to contain fznd- ings. Where the councl takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is tak- en shall contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, con- clusions and recommendations of the hearing ex- aminer, and incorporate the same in its resolution taking the adverse action. (g) Addition¢I procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pra visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specifie reference, Nlinnesota 8tatutes, Chapter 364 and Minnesota Statutes, Sectioa 34QA415. (h} Discretion to hear notwithst¢nding with- dr¢wa1 or surrender of application or Z'uense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted �vithdrawaI or surrender took place after the agplicant or lieensee had 6een notified of the hearing and potential adverse ac- tion. (i} Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license app2icant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. Supp. No. 30 (j) If the council imposes an adverse actioa as deSned in section 310.01 above, a generic notice of such action shall be prepazed by the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective periad af the adverse action. The licensee shall be responsible for taking reasonable steps to mzke sure the no- tice remains posted on the front d�ior of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have heen kept, rental of rooms and equipment necessary for the heaz- ing, and the wst of eapert witnesses. The councff may impose all or pazt of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the pur- pose of delay or hazassment; (n) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sate of drugs by the lic- ensee or employees thereof, and/or the circum- stances under which the violation cecuired were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; tiv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was su�ciently in control of the situation and there- fore could have reasonably avoided the vioIation, such as but not limited to, the nonpayment of a required fee or the failure to renew requiied in- surance policies; (vi) the vialation is covered by the matrix in section 40926 of the I.egislative Code; or (vn) the violation involved the sale of cigazettes to a minor. (1) Imposition of �Znes. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such 2029 ��_�� § 330.05 LEGISLATIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. 2b the extent any other provi- sion of the Legislative Code provides for the im- position of a fine, both provisions shall be read together to the extent possible; provided, howev- er, that in the case of any con9ict or inconsistency, the other pmvision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 9446, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, § h, 5-31-95) Sec. 310.06. Revceation; suspension; adverse actions; imposition of condi- tions. (a) Council may take aduerse acti.on. The coun- cil is authorized to take adverse acLion, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- aGed for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to ttte hearing before the council. Such actions shall be initiated and earried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used tA initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which aze in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3} 'The license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola= tion of law, rvithout authority, or under a material mistake of fact. (5) The licensee or applicant has fa�7ed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be ixn- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonabiy related to the licensed activity, regardless of whether criminal charges have or have nat been brought in connection there- with; b. The licensee or appIicant has been con- victed of a crime that may disquatify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- faze, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. No. 30 2030 $ 3I0.05 LEGISLATIVE CODE � � � �� amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement purposes embodied in the particulaz li- censing ordinance. A fine may be in addition to or in lieu of othez adverse action in the sole discre- tion of the council. Tb the extent any other proci- s3on of the Legislative Code pro�ides for the im- position of a�finE-, both pro�zsions shall be read together to the extent possible; proti�ided, hovicev- er, that in the case of any conflict or inconsisteacy, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. l r551, § 2, 419-58; Ord. Na. 17559, §§ 1, 2, 5-17-88; Ord. I�TO. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10.92; C.F. ?�o. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.E I�TO. 941340, § 2, 10-19-94; C.F, ?�o. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may take adverse action. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the LegisIative Code may be initi- ated for the reasons set forth in subsection (b) below, or upon any lawful grounds which are com- municated to the license holder in writing prior to the hearing before the council. Such actions shalI be initiated and carried out in accordance witfi the procedures outline in section 310.05; pro��id- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured 6y mis- representarion of material facts, fraud, de- ceit or bad faith. t2) The applica�t or one il) acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violatioa of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable heaith, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution grant- ing or renewing the license. (6) a. T'he licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- aance or regulation reasonably related to the licensed activity, regazdless of whether criminal charges have or have not been brought in connection there- with; b. The licensee or applicaat has beea con- victed of a crime that may disqualify said applicant from hoiding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- soa whose conduct may by law be im- puted to the licensee or applicaat) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from wMch aa infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity createfl or have created a serious danger to the public heaith, safety or wel- faze, or the licensee performs or has per- formed his or her work, or activity in an unsafe manner (8) The licensed business, or the way in which such business is operated, maintains or per- Supp. A*o. 30 ZQ$� i LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Code. (10) T$e licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to D'Iinnesota Stat- utes Sections 609.342 through 609.3451; sexual abuse, physical abuse or maltreat- ment of a child as defined in Minnesota Stat- utes Section 626.556, su6divisions 2 and 10e, including, but not limited to, acts which con- stitute a violation of Minnesota Statutes Sec- tians 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or en- dangerment of a child as de&ned in Minne- sota Statutes Section 626.557, subdivisian 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or baz- ter of a controlled substance as defined in Minnesota Statutes Chapter 152;the pos- session of a controlled substance as defined in Minnesota Statutes Chagter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to others; or by the abuse of alca hol or other drugs, that such lieensee or applicant is not a person of the good moral character or fitness required to engage in a licensed activity, business or profession. (11) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior ap- provat of the city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 30 2031 °�,� � 2-�' § 310.06 (12) The licenses or applicant has violated sec- tion 294.01 of the Legislative Code, or has made or attempted to make a prohibited ea parte contact with a council member as pro- vided in section 310.05(c-2) of the I.egisla- tive Code. `I`he terms ."licensee" or °applicant" for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for actic�ities entitled to the protection ofthe FirstAmendment, notwith- st2nding the foregoing provisions, neither the iack of good moral character or fitness of the licensee or applicant nor the content of the protectec} speech or matter shall be the basis for adverse action against the license or application. (c) Imposition of reason¢ble conditions ¢ndlor restrictions. When a reasonabie basis is found to impose reasonable conditions andior restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions anrUor restrictions may be imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or actions that constitute a nuisance or a detriment to the peace- ful enjoyment of urban life, or promoting security and safety in nearby neighborhoods. Such reason- able conditions andlor restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the location within the licensed business or establish- ment whose [sicJ particular type of activi- ties may be conducted; (3) A limitation as to the means of ingtess or egress from the licensed establishment or its pazl�ng iot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; § 310.06 (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establ:shment will harma nize with the chazacter of the azea in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The council may impose such conditions on Class III licenses with the consent of the license holdeg or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions imposed by adverse action, and by the inspector in the case of Class I and II licenses. (d) Standards for muttiple Zicense determin¢- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standazds may be used: (1) The nature and gravity ofthe grounds found by the council to exist upon which the ad- verse action would be based; (2) The policy ancUor regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and determined by the eouncil; (3} 'Phe interrelationship of the licenses and their relative ixnportance to the overall busi- ness enterprise of the licensee or applicant; (4) The management practices of the licensee or applicant with respect to each of such licenses; LEGISLATIVE CODE �� $' (5) The extent to which adverse action aga;,,cr less than all of the licenses or applications would result in difficulty in enforcing and monitoring the adverse action taken; (6) The hardship to the 7icensee or applicant that would be caused by applying adverse action to aIl licenses or applications; and (7) T'he hardship andlor danger to the public, or to the public health and welfaze, that would result from adverse action against less than all of the licenses or applications. (Code 1956, § 510.06; Ord. No.17584, § 1, 8-25-88; Ord. No. 17657, §]5, 6-8-$9; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-1492; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428- 92; G.F. No. 94500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; G.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insuraace contracts. (a) Automatic terntination, reinst¢tement; rn- sporxsibility of licensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellation or withdrawal of said poticies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guaran- tees, bonds or certifieations as aze required in tliese chapters, and shall not 6e entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos- its, bonds or certifications within tturty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30} days, the appli- cant must reappiy for a renewal of his license as though it were an original application. (b) Bonds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- Supp. No. 30 2032 § 310.15 LEGISLATIVE CODE definition in section 310.01, shall for the purpose of this section include the individual partners or members of any paztnership or corporation, and as to corQorations, the officers, agents or mem- bers thereof, who shall be responsible for the violation. (Code 1956, § 51015) Sec. 310.16. Reserved. Editor's aote--Section 310.16, certaiaing to license fees and annual inczeases, and derived from Ord. No. 16885, adopted Feb. 11, 1952; Ord. \o. 17059, adopted Oct. 20,1983; and Ord. No. 173Q3, adopted Oct. 29, 1955, was zepealed by Ord. No. 17884, § 1, adopted'Qov 19, 1991. Sec. 310.17. Licensee's responsibility. Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertainment or working for or on behalf of a licensee, whether compensated or not, which act or conduct takes place either on the licensed premises or in any pazking lot or other azea adjacent to (or under the lease or control ofl the licensed premises, and which act or eonduct violates any state or federal statutes or regula- tions, or any city ordinance, shail be considered to be and treated as the act or conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14 and 410,09 of the Legislative Code, this section shall be controlling and prevail; but shall not otherwise amend, alter or affect such sections. (Ord. No. 17629, § 1, 1-32-89) Sec. 310.18. License fee schedule. Notwithstanding the provision of any other ordinance or law to the contrary, the following fees are hereby provided for all the licenses listed herein. These fees supersede all inconsistent pro- visions, including, but not limited to, graduated fee provisions, in these chapters and in other ordinances and laws, and include the fee for the license application as part of the license fee; provided, however, that this section does not amend or modify sections 310.Q9(a) or 31Q.09(d) of the Legislative Code with respect to exempt orga- nizations or Iate fees. Pursuant to section 310.09(b) of the Legislative Code, these schedules shall be posted in the oflice of the director of the office of license, inspections and environmental protec- tion. These fees shall be effective for license renewals and new license applications occurring on and after January 1, 1995, or on the effective date of this section, whichever is later; provided, however, that with respect to all licenses whose renewal dates occur after the effective date of this new schedule, there shall be no increases in, nor offsets or refunds of, the egisting fees paid, or due 8IIC1 OWing. (a) ENFORCEMENT LEVEL 1 ChapterlSec2ian No. License Description Fee 167 Commercial Vehicle $66.00 198.04 Keepiag of animals (Exotic Pets) 66.00 316 Animal Foods Managemeat & Dis- tribution 66.00 317 Amusement Rides 66.00 323 Christmas'lYeeSales 66.Op 325 Close Out Sale 66.00 327 Dry Cleaning Pickup Station 66.00 332 Liquid N�el Ve}vcle 66.00 333 Solid Fuel Vehicle �_pp 336 Private FS�ei Pump 66.00 340 Mercantile Broker 66.00 345 Peddler (SoliciWrllYansient) 66.00 348 Rentsl of Clothing & Uehicle � � 66.00 349 Rental of Clothes Attire Vehicle 66.00 350.02 Rental of Hospita] Equipment 66.00 350.02 Reatal of Hospital Equipmeat Ve- hicle 66.00 351 Reatal of Kitchenwaze 66.0p 353 Roller Rinka 66.Q0 355.01 Secondbaad Dealer- (a) & (b) Single I.ocation 66.00 357.03 Refuse Hauler-Each Vehicle Over ��e fi6.00 359 Sound 1Yucks & Broadcast Velv- cles 66.00 371 Finishing Shop 66.00 361.14 Tow 15vck/Wreckes Vehicle 66.00 362 Tree 1Yimmer-Additioaal Vehicle 66.00 372 Tire Recapping Plant 66.00 37616(d) 1'axicab Driver (new) 66.00 377 Lawn Fertil'uer & Pesticide Ap- plication 66.00 3S0 ', TanningFacility 66.00 3S2 Pet Grooming 66.00 409.11 Outdoor Change in Service Area 66.00 412 Massage Center (Class B) 66.00 414 Massage 1'herapist 66.00 424.02 Gasoline Filling Stations 66.00 Supp. Na. 33 2Q$6 � CITY OF SAINT PAUL Norm Cole»mn, Mayor September 20, 1996 Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 �L..._. °5 S�P 25 f��i�i i�.�. i NE„�.. OFFICE OF THE CITY ATTORNEY Trmotlry E. Marx, Ciry Attorney �`Z - �J 2-� Civi! Division 4 0 Ciry Hall Telephoxe: 6I2 266-8770 � ��-�' 7�est Kellogg Btvd. Faaimrle: 61 S 298-5619 Sa"vrt Paul, Mixnesom SSIO2 Re: All Licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques for the premises located at 941 Grand Ave., St. Paul Our File Number: G96-0301 Dear Ms. Casselman: ti Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday, October 31, 1996 Time: 9:30 a.m. Place: Room 1504 St. Paul City Hall Annex 25 West 4th Street Saiat Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Aclministrative Nearings: Name: Rita MeConnell Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, NII�T. 55401 Telephone: 961-7770 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310�05 �C� -� `��' and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: A review of the records from the Building Inspection and Design section of the City of Saint Paul indicates that you are in violation of orders issued by the Saint Paul Fire Department in connection with the change in occupancy at 941 Grand Aven�.xe £rom residentiai to commercial. You were notified by a letter dated April 10, 1995 that in order Co secure a Certificate of Occupancy you would need to comply with six requirements set forth. The deadline of May 15, 1995 has been extended twice, but as of July 1996 you were still not in compliance with the appli.cable fire and building codes. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing wi11 be conducted in accordance with the requirements of Minnesota Statutes sections 14.5'7 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish �o present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a subsCantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas Notice of Hearing - Page 2 �1 � - �'� 8" may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. I£ you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to•appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice shall be taken as true. Tf non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, l � / ` / /; / � `(� 4"C('/�'2LG� `./ ��%Y� \ U Virginia D. Palmer Assistant City Attorney cc: Sharon Casselman c/o Chad Casselman, 794 Lincoln Ave., St. Paul, MI3 55105 Judge Rita McConnell, Office of Administrative Aearings, 100 Washington Square, Suite 1700, Mpls, Mi3 55401 Nancy Thomas, Office of Administrative Hearirags, 100 Washington Square, Suite 170�, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 Notice of Hearing - Page 3 � "� P� OFFICS OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License of Sharon Casselman, d/b/a Home Sweet Home Antiques 941 Grand Avenue RINDINGS OF FACT, CONCLIISIONS AND The above-entitled matter came on for hearing before Rita McConnell, Administrative Law Judge, on November 1, 1496, at 9:30 a.m. in Room 1504 of the City Hall Annex, 25 W. Fourth Street, Saint Paul, Minnesota, 55102. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Blvd, Saint Paul, Minnesota, appeared on behalf of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). There was no appearance on behalf of the license holder. This report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record, which may adopt, reject or modify the Finding of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code �310.05(c)(1), after receipt of the Report, the City Council shall provide an opportunity to present oral or written argument alleging error in this lteport and to present argument related to any recommended adverse action. The parties should contact the City Clerk to ascertain the procedure for filing such argument or appearing before the Council. STATEMENT OF ISSUE 1. Whether the licensed premises fail to comply with applicable health, housing, fire, zoning and building codes and regulations? FINDINGS OF FACT 1. Licensee, Sharon Casselman, d/b/a Home Sweet Home Antiques is located at 941 Grand Avenue, Saint Paul, Minnesota, and holds a Second Hand Dealer - Single Location license, License ID #61881. 2. In December of 1994 Sharon Casselman was sent a letter from a building inspector informing her that the approval of a Certificate of Occupancy for the building would require completion of an attached Corrections List. The attached list required her to contact the Building Inspection and Design Division regarding the change in occupancy from R-3 Residential to B-2 Business. 3. On April 10, 1995 Licensee was sent another letter from building inspector Greg Johnson regarding the change in occupancy from residential to business at 941 Grand Avenue. The letter � �1 -� a--P' outlined what actions were necessary to obtain a Certificate of Occupancy, and gave a deadline of May 15, 1995 to comply with the requirements. 4. On August 14, 1995 Johnson sent another letter to licensee stating that she had failed to take the neaessary actions to comply with the change of occupancy classification, and offering to extend the deadline to September 15, 1995. 5. A handwritten note on the same letter indicates that Johnson extended the deadline for compliance to Ootober 1, 1995 in a September 15, 1995 telephone call. 6. A letter dated Septemher 29, 1995 was sent to Inspector Johnson from Robert Casselman, attaching site and floor plans and indicating that two of the requested changes had been made. 7. On October 9, 1995 a letter was sent to Robert and Sharon Casselman outlining some of the concerns still in existence, and again stating that a Certificate of Occupancy could not be issued until all zoning and building code requirements had been met. 8. A Notice of Violation was served upon Sharon Casselman by letter dated August 6, 1996, informing her that adverse action was going to be taken against her licenses for non-compliance with the applicable fire and building codes. 9. A letter dated August 20, 1996 was sent to Ms. Casselman notifying her that the City intended to request reimbursement for the costs of the administrative hearing since there appeared to be no dispute that the Certificate of Occupancy was not issued because the building code requirements had not been met. That letter was served upon Sharon Casselman by mail at both her business and home address. 10. A letter dated August 23, 1996 was sent to the Saint Paul City Attorney's Office stating that Home Sweet Home Antiques was closed. The letter had Chad Casselman's name aC the bottom, but was unsigned. 11. A handwritten statement signed by Sharon Casselman was received by the Saint Paul City Attorney's Office on August 23, 1996 also stating that the business was closed. 12. A letter dated August 26, 1996 was mailed to Sharon Casselman explaining that closing the business did not terminate the adverse action process. 13. A Notice of Hearing was served on Sharon Casselman at the business and at her residential address informing her that a hearing would be held on Thursday, October 31, 1996 at 9:30 a.m. in Room 1504 of the City Hall Annex. 14. Sharon Casselman did not appear at the hearing, and no one appeared on her behalf. 15. The Office of License, Inspections and Environmental Protection is requesting that the license issued to Sharon Casselman, d/b/a Home Sweet Home Antiques be revoked, and that the licensee be required to pay the costs of the administrative hearing. CONCLIISIONS 1. That the Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. �14.55 and Saint Paul Legislative Code §§31�.�5 and 310.06. The Notice of Hearing issued by the City was proper and all applicable substantive procedural requirements have been fulfilled. 2. Saint Paul Legislative Code §310.06(b)(3) allows adverse action to be taken against a licensee if a license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. 3. The license issued to Sharon Casselman d/b/a Home Sweet Home was issued although the premises were in violation of the building and fire codes, and the licensee failed to correct the conditions necessary to obtain a Certificate of Occupancy. 4. The failure to correct the conditions and to obtain the necessary Certificate of Occupancy for the change from residential to business property is a violation of the code. IT IS HEREBY RECOMMENDED that the Saint Paul City Council take adverse action against the license of Sharon Casselman, d/b/a Home Sweet Home Antiques, revoking said license. It is further recommended that the licensee be required to pay the costs of the administrative hearing. Dated this day of November, 1996. Rita McConnell Administrative Law Judge NOTICE Pursuant to Minn. Stat. §14.62, subd. l, the City Council is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. �� _-� a-� OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CO'[7NCIL OF TIiE CITY OF 5AINT PAUL In re the Licenses of Sharon Casselman d/b/a Home Sweet Home Antiques 941 Grand Avenue CITY'S PROPOSED EXHIBITS October 31, 1996 TO: Judge Rita McConnell, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on October 31, 1996. Exhibit No. Exh, No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Description Letter from Fire Inspector Dave Bergman to Sharon Casselman, dated December 30, 1994 (2 pp. ) ; Letter £rom Building Inspector Greg Johnson to Sharon Casselman, dated April 10, 1995 (2 pp.); Inspection Report, Sign Permit, issued May 24, 1995 (2 pp.); Letter from Building Inspector Greg Johnson to Sharon Casselman, dated August 14, 1995 (1 p.); Exh. No. 5 Letter from Robert Casselman to Inspector Greg Johnson, dated September 29, 1995 with attached 3 pages of site and floor plans and General Building Permit dated September 20, 1995 (5 pp.); Exh. No. 6 Letter from Senior Plan Examiner Tate Halvorson to Robert and Sharon Casselman (3 pp.); �1 � � � Exh. No. 7 Exh. No. 8 Exh. No. 9 Exh. No. 10 Exh. No. 11 Exh. No. 12 License information re Sharon Casselman d/b/a Home Sweet Home Antiques (1 p.); Notice of violation, dated August 6, 1996 with Affidavit of Service (3 pp.); Follow-up letter from City Attorney's Office to Sharon Casselman, dated August 20, 1996 with Affidavit of Service (3 pp.); October 23, 1996 letters from Chad Casselman and Sharon Casselman (2 pp.); Letter from City Attorney's Of£ice to Sharon Casselman, dated August 26, 1996 (2 pp.); Notice of Hearing, dated September 20, 1996, with Affidavit of Service (4 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code § 310.05 § 310.06 § 310.17 Respectfully submitted this 31th day of October, 1996. :./ , � \ 1 �ix2lt Virgi D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 � CITY OF SAINT PAUL Norm Co(emars, Mayor DECEMBER 30,`_;1944 DEPARTME OFFIKE�AND'�AFEI'YSERVIC� Timofhy K Fu17er, Fire Chie/ DIVISIONOFFIREPREVENTION �'t l —� �� Steven Zaaa�E, Firt Marshal 1 DO East Eteven[h Sireet Telephane: 672-228-6230 Saint Paut, MN 55101 Facsimiie: 612-228-624I ��Y�� ( r � �!C 7 �� 1i�7� k . � �: SHARON CASSfiL�MAN 794 LINCOLN AVE SAINT PAUL MN 55105 RE : Re-Inspection for Cerfificate of Occupancy with Corrections 441 GRAND AVE No . o£ Units : Dear Property Representative: On DECEMBER 28, 1994, a Certificate of Occupancy re- inspection wss made of your building at the above-property location. Approval ior occupancy will be granted upon completion of the attached Corrections List. The items on the liat must be corrected immediately. A re- inspection will be made after SAN[JAR1' 30 1995, or as otherwise noted. Failure to complete the correc�ion� may result in the revocation of. the Certi�icate af Occupancy, or a citation. Failure to maintain a Certi�icate of Occupancy is a violation of the Saint Paul LegiE'_ative Code. For inquiries about orders call me at 228-6238 between 7:30 a_m. and 9:00 a.m. Corrections requiring construction, electrical, plumbing, heating, sprinkler or gas piping work must be done under pexmit ancl with the approval o£ the Building Inspection and Design Division, 350 St. PeCer Street, Suite 310, Saint Paul, Minnesota 55102, (266-9001). Please help to make Saint Pau1 a safer place in which to live and work. Sincerely, o�--� a � pi. C DAVE BERGMAN Inspector Attachment(s) CORS-4 � � In Re the License of Sharon Casselman .—' d/b/a Home Sweet Home Antiques —' -..r City's Exh. No. 1 � > .� v'� �� 3or ��DEFICIENCY/CORRECTION LIST _ „•_;��= R 30, 1994 .� 2 ' 441 GRAND AVE :?'a: '_ _ ' � ' ' __. _ '" '- - _ . CONTACT BUILDING INSPECTIOI3 AND �. DESIGN DIVISION AT 266-9001 REGARDING CFIANGE IN OCCUPANCY FROM R-3 RESIDENTSAL TO B-2 BUSINESS. 38826 � � _� � � 62.101. s ° .l ' CITX OF SAINT PAUL A'orm Coleman, Ma��or April 10, 1995 Sharon Casselman 794 Lincoln Avenue St. Paul, MN 55105 OFFICE OF UGE�SE, INSPECTIO;�S AXD ENVIRO:.'1�1E�`TAL PROTECTI04 Robert Kessler, D+rcc+os BUILDI.n'G I�SP£C770NMD DES1G V 3�Q St Peter S+reer Suite 3� Scint Pmd, d9inneso+a SS70?-1510 RE: Change of Occupancy at 9?1 Grand Avenue Dear Ms. Casselman: c' � '` ,'�-5' 7dephone: 61= ?6G9090 facsimilr. 61 ?-?66-4999 on December 30, 1994, you were issued orders by Inspector Dave Bergman of the St. Paul Fire Department Division of Fire Prevention to contact our office regarding the change from residential to commercial occupancy at 941 Grand Avenue. To comply with local building, legislative, and zoning ordinances; and to secure a Certificate of Occupancy, you must: 1. Provide for our review a site plan reflecting the location and size of handicapped accessible and regular parking spots. 2. 3. � Provide a plan for a handicapped accessible site approach. Provide a plan for the replacement of the concrete steps between Grand Avenue and the building. Comply with business signage requirements of the zoninq code. 5. Obtain a building permit betore proceeding with construction of the parking area, site approach, and steps. 6. Provide a floor plan for each level of the building with a description of its intended use. You must comply with these requirements by May 15, 1995. \. � � In Re the License of Sharon Casselman — d/b/a Home Sweet Yiome Antiques City's Exh. No. 2 . -_d Apri1 10, 1995 a i�� Page 2 Re: �4]. Grand Avenue In addition, any Puture interior renodeling will necessitate compliance with building code requirements for accessible restrooms. I will be glad to answer any questions that the enclosed inforrational naterial does not nake clear. You may contact me at 266-9029 betc•�een 7:30 and 9:00 a.n. I�ionday through Friday. Sincerely, � / � Greg oh son Buildi Inspector GJ/cjg cc: Tate Halvorson Jan Gasterland - Larry Zangs ti .� J � r OFFICE OF LICENSE, INSPECTIONS and ENVIROI3MENTAL PROTECTIOi3 (� BIIILDING INSPECTION AND DESIGN ��► #502426 SlGN 941 Grand Ave I N S P E C T I O N R E P O R T SIGN PERMIT Type of Work: New Contractor: owner Job Valuation: Phone: 612-222-2940 / Owner $200.00 Estimated Start Date: 05J24/1995 Completion Date: 05/24J1995 �� Iaspector: Josegh G. Dabe, Jr. Date Issued: 05j24j1995 This permit is for the followinq Sign(sj: Type Quantity Square Feet Width Length Aeight Wall 1 17.3 1.0 11.0 0.0 qround sign to run parallel to Grand Ave Total Signaqe(Sq.Et.): 17.3 Existing 0.0 Allowed ip0.0 Street Frontage is 50.0 Lot Dimensions: Width 50 Length 150 SONING 21�iE'ORMATION: Reviewed by: Ed Locke on O5/24/1995 Zoning District: R-2C PLAN REVIEA INFORMATTON: Reviewed by: Ed Locke on 05/24/1995 COMMENT: Special Sign District Approval/FL#EEL( �.t,-a.�.,t 6/G/�S' Owner: Robert Casselman 941 Grand Ave St. Paul, MN 55105 Owner Phone#: 612-222-2940 � �� In Re the License of Sharon Casselman J — d/b/a Home Sweet Home Antiques City's Exh. No. 3 Permit Fee . Penalty Fee . Other Fee . Plan Check Fee : State Surcharge: Total Fee . 25.00 0.00 0.00 0.00 0.00 25.00 .s Address: 941 Gzand Ave Foundation Frame Final Permit#: 502426 Notes , ,_ e °l � -��' � � � � � � x � � � #. � � �-. z y s ' k d � � t O � i� i � i -- r � � `� b ' i !�� m r t`' � , . � L G H �ri+Rl+Qs D T � °��'�-�� In re the License of Casselman, d/b/a Home Antiques State of Minnesota County of Ramsey Sharon Sweet Home l ) ss ) Your Affiant, Kristina Schweinler, duly states upon oath_ 1) That she is a Senior License Inspector with the Of£ice of License, Inspections and Environmental Protection for the City of Saint Paul. 2) That she has reviewed the files regarding the license of Sharon Casselman, d/b/a Home Sweet Home Antiques at 941 Grand Avenue, Saint Paul, Minnesota. 3) That the licensee received a Second Hand Dealer's License, Single Location £or the premises at that address. 4) That the license was issued although the premises were in violation of building and fire codes, and no Certificate of Occupancy was ever issued. 5) That the occupancy of the building changed from residential to B-2 Business, and the change required compliance with certain building codes and a Certificate of Occupancy. 6) That the recommendation of the LIEP office is for revocation of the license because of the continued failure of the licensee to abide by timelines to make corrections necessary for issuance of the Certificate of Occupancy. 7) That the LIEP Office also requests reimbursement for the costs of the administrative law hearing based upon the fact that there was no dispute that the licensee was in violation of the building codes and failed to make an appearance at the hearing or to make arrangements which would make a hearing unnecessary. FURTHER YQUR AFFIANT SAYETH NOT. t i � � �� DA2'ED : tt � i� c 1 �o �l �–��^�"�-�.-�J� K�istina Schweinler �� In Re the Licenses of Sharon Casselman d/b/a Home Sweet Home —� City's E�. No.13 I. � Z S RITAR9.BOSG^�p 2 • � " NOTARYPUBLIC-Nf,:�.ESOTA s RAMSEY COIINTY � MY�m.ExPiresJan.37.2000 ~ _� OFFICE Of LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roben Kessleq Directo� cr r� -7 � S' CITY OF SAINT PAUL \brm Colenran. .ilaror LOfiRY PROFE55/O�AL BUlLD)�'G Suiie 300 350 St Peter Street Saint Pau7, Minneso�a 55/01-J510 G-t5-45 �-�� August 14, 1995 Sharon Casselman 794 Lincoln Avenue St. Paul, MN 55105 �n r�y -i� �.ner ��"�-c�P�'�' � Svb�n.kk�� ela.v��i RE: 941 Grand Avenue Dear Ms. Casselman: �h h�5 Oc� � � Te(ephane: 617-166-9�90 Fncsimile: 612-766A099 6/1-166-91?J C.�xe,l�r� �o�c.� �.�1. �� .Il� �� ✓,�,,k , � I issued orders to you in a]etter dated April ]0, 1995 regarding specific actions you must take relevant to the change of occupancy classification at 941 Grand Avenue. You have failed to comply by the deadline date of May I5, 1995. I am willing to extend your deadline to September 15, 1995, however you must comply by that time or face possible legal action. To aid you, I am enclosing a copy of the original written orders. I am available between the hours of 730 and 9:00 am weekdays to answer any questions you may have regarding this matter. You may reach me at 266-9029. Sincerely, J�� Greg ohns n Buildine spector GJ:aw �� —� In Re the License of Sharon Casselman J — d/b/a Home Sweet Home Antiques City's Exh. No. 4 ' 6 ��_�2� September 29, 1995 Mr. Greg Johnson, Building Inspector City of St. Paul 350 St. Peter St.; Suite 300 Saint Paul, MN 55102-1510 RE: 941 Grand Avenue Dear Mr. Johnson: The sign was changed last spring and the concrete steps and front walks have been replaced. Attached are the site and £loor plans as requested. Sincerely, ! C.e-�t�T �� Robert Casselman 794 Lincoln Ave. St. Pau, MI1 55105 � � In Re the License of Sharon Casselman � — d/b/a Home Sweet Home Antiques —'' City's Ezh. No. 5 ! �u�� suxsv�t�ru C�Pbb AVG JUB Norti� vl � E Site f'San ,��,�,� s . , ; r �� .� , - , � , `.- - - . ,�` i` .-� % = �.- � ,: � �� . _ �„- -- i .. � �� i' �� . _` ir '� ,.-, r ' � "� / ` . , :� . �' �• / f � ' ( [_�J . wA - . � � 4" / ' / ' / i ` �� /. � i _ r : // / �`�`�-- �� ,- ' r / �/� �� % - .i' i' _. / • /`� ' � , , /+! � `�. ;-- .;r= . .,� �. ��'`: .. �' ` F �� j ' � � � � � __ ��_ � �. �' �.,... �- � � � C �,__ -- ; - . _� f r �� !' � 0 n�� J °��PZEa _ S�coN � �Lov2 PLAt�1 __ , ==°,.; � littvttiHL tSU1Llli(VCi F'tFiMiT „ , ' -_- � - . CITY Of SAINT PAUL � - ' � CITY OF SAINT PALTL t OFFICE OF LIC&'�SE. INSPECitONS AND � - ENV[RONME.*1TAL PROTEC770Y I BU(/lJ//.'G LtiSPECI70NAND DESIGN � 95Q Sr Perer Stree� - Sui�e 300 � P�mrt No. W� Saint PauL .Lfi�mrtora 5510?-/5/0 6/2-266-5090 �� /� RC F�,'On1'C 3lC-r'S PLAN NO. DESCRIP710N OF PROJECT DATE qta0I ' OWNER ROt3GRT CAet� v „q,� OWNERSADDRESS � L�CCw .t�E gs-_ �,�„� ❑ OLD TYPE OF ❑ NEW TYPECONST. OCCUPANCY GRADING STUCCO OR ❑ BUILD ❑ AND EXC. ❑ PLASTE¢' ❑ DRYWA�L ❑ FENCE ❑ ADDITION ❑ALTER ❑REP�R ❑ MOVE ❑ WRECK M1UMo'c'P. S7n^_°ES . S1DE CFOeecraccT< q�i\ GRAUD WARD l07 B' WIDTH LOT STRUC- TURE ESTI � ��•d0 DETAI�S 6 AEMA�. �� Lcc'ti nc �t1cT /� i�v<�� % AACNiTEGT CONTRACTOq MASONRY PERMIT FEE N � MTLTOU SIOE LOT AD BVILDING WIOTH t,ENGTH HEtGHT STOflifS VAWE BASEMENT TOTAL FLOOR AREA ❑ YES � NO 5�, fT. 4NCLlfDEBASEMENT KS: VLAN CHECK STATE SUACMARGE TOTAL FEE APPLICAN7 CER71FIE5 THAT At,L IN- FOFMA710N IS CORREC7 AND THAT ALL PERTINENT STATE REGUTATIONS AND CITY ORDINANCES WILL BE COM- PL�ED WITH IN PERFORMING TME WORK FOA WHICH THIS PERMIT IS ISSUED. "-�' ,$�,�� AVTHORREDS�GNATURE 7/% ��(�' ; G� _ �; " .� � -yc : -9 ., c ADDRESS b ZIP STATE Y0.LUA n 3 �� s ��v ' � �� Dr-�' � " O CASHI� E ON�Y . WHEN VA�IOATED THIS IS YOUN PERM sr. coae _ ADDRESS OF JOB OFFiCE OF LICENSE, iNSPECTIONS AIQD ENVIItpN1�ffN'[qL pROTFC770N '� � � Robest Kersler, Director j ] � ..� CTTI' OF SATNT PAUL /V �j ' � IAWRY PROFESSIONAL Telephone: 612-266-9090 Nosm Colemart, Mayor . Y _ 1 BUlLDlNG Facsimi(e: 612-266-9099 � � / �� Suire 300 612-266-9/24 I � � 350 St. Peter Sveet SaintPaul, Minnesota 55702-I510 i ti �� 3 -'i -9 ce i et� ��t� C-8�e'�f;�t �� .0 �ra�3 t�e� +�a�l- ne�� er� la�:� s 0 �et-§�� o�\d. -s-sl.Cr ti�s ��ke. a�rjo�l�' ,�-, �le Robert�Sharon Casselman Q `�\ '��'{�'�"} �'� ��October 199�� 794 Lincoln Ave. �A�y �� — ��'�J; �Od'� Saint Paul, I�AT 551�5 Mr. and Ms. Casselman; Your property at 941 Grand Ave. has been under Fire Prevention Orders since December of 1994 to correct existing deficiencies that preclude your obtaining a Certificate of Occupancy (C of O). These deficiencies are a result of a change of use and occupancy without the proper approvals and permits from this Office. On April 10, 1995, the Area Inspector, Greg Johnson, sent a letter outlining the specific information that we needed in order to review the projeCt and determine what must be done to gain compliance with City, State, and F�ederal Laws and enable us to recommend issuance of a Certificate of Occupancy to Fire Prevention Staff. (It is my understanding that Greg has, again, extended the deadline for compliance to this past October lst.) On October 2nd, we received an extremely short letter and attachments that addressed some of the issues involved but clarified very little. We believe it is very much preferable to take a straightforward approach to problems such as this; gather the facts and information together, meet with appropriate City Staff and discu5s ALL the issues in proper context, come to agreement, issue permits, perform the work, etc. It seems clear, at this time, that a piecemeal approach has already led to problems and potential liabilities associated with the property. I would like to return to Greg's six points in April lOth letter and further explain our concerns and re£erence your responses, as I know them. Item 1.- "Provide for our rev'iew a site plan reflecCing the location and size o£ handicapped accessible and regular parking spots.' A. The small site plan that was submittefl indicates 2 normal parking spaces which are "stacked^ or aligned so that they would function as only one space. a. The accessible space is shown as 12 feet wide, this meets the requirements of Minnesota Law but does not meet the requirements of the Federal Americans with Disabilities Act which requires the lst accessible space in a parking area to be 16 feet wide for van- accessibility. C. The accessible space must have a State approved sign which includes the `Up to $250 fine £or violation" statement. Item 2.- °Provide a plan for a handicapped accessible site approach.' The •Ramp" to the rear entrance is indicated as a 1:20 slope which is appropriate for site access. However, there is no information or indication of whether this is merely a sidewalk on a sloping grade or a � � In Re the License of Sharon Casselman ' — d/b/a Home Sweet Y�ome Antiques —; City's Exh. No. 6 ' raised structure which will require construction drawings. See also item 6 below. xtem 3.- ^Provide a plan for the replacement of the concrete Q�'1 steps between Grand Avenue and the building." One of the enclosures in your letter is a copy of a Building Permit application, partially completed, for rebuilding the "front steps'. The application has notes, by our intern-TOdd Benson, indicating that this was an application for the steps, directly on the ground, near trie front sidewalk. The application indicates that no permit is required £or this type of work and strictly speaking that is correct. However, since there was no indication of the type of occupancy on the application and no other work indicated, I do not know the extent of the discussion. We talk to many thousands of customers every year and without full knowledge of the circumstances surrounding proposed work it is extremely difficult to assist in code compliance. If this proposed work had been presented in the larger context of code compliance for a change of occupancy we could have made clear the requirements for steps to a commercial property and just included it in the overall permit. In that case our Plan Examiners and the Building 2nspector could have assisted you in your obligatioa to meet code requirements. The following is my knowledge of the construction that was performed and the associated code requirements: A. A commercial stair may have a maximum riser height (vertical step height) of 7(seven) inches. The stairs that were constructed vary from 7-1/4 inches to 7-5/8 inches (except as noted in D below). B. The minimum commercial stair tread width is 11 (eleven} inches. S do not know if this requirement was met. C. Co�nercial stairs require at least one handrail; no handrail has been provided. There are size, height, and grippability standards for handrails. D. Regardless of the type of stair, all stairs must have risers which do not vary more than 3/8 of sa iach between the smallest and largeat riser. This stair was constructed with all risers in the 7-1/4 t0 7-5/8 inch range EXCEPT THE SOTTOM RISER WHICB IS ONLY 3-5/8 INC$ES HIGHl. This is a serious code violation; a serious tYipping hazard, and a serious potential liability for you as property owners. E. The question of whether accessible access from the Grand Ave. public way to your business was feasible and reasonable was probably not fully addressed and certainly not documented. This, potentially, leaves you, as property owners, open to complaints and/or lawsuits under the Federal Americans with Disabilities Act. item 4.- The Building signage requirements have apparently been corrected. 2tem 5.- "Obtain a building permit before proceeding with construction of the parking area, site approach, and steps." See all of the above aad belom. xtem 6.- "Provide a floor plan of each level of the building with a description of its intended use." The submission with your September 29th letter included ONLY 2 COPIES OF THE 2ND FLOOR PLAN (!] with colored hatching indicating •occupied-furniture". No other floor plans were included; no scale, dimensioning, or other details were provided. To note SOME, HIIT NOT NECESSARILY ALL, OF T8E CONDITIONS TBAT WE ARC CONCERNED ABOVT: A. sasemeat: Is the basement being utilized for retail or storage area? If the basement is used for more than just 'service• of the building it may need to be "sprinklered•, may need a fire separation between it and the lst floor, and, if it is used for retail, two exits will be required. B. lst Floor: 1. Accessibility: From the accessible site approach, an accessible door must have 31• (State, 32" Federal) clear opening width, "latch•-side clearance for approach, lever hardware if the door is latching, and direct access to the main retail level. If a vestibule is �� 0 � provided or if other walls restrict maneuver, modifications may be �y required to achieve accessibility. � 2. Does the front entry area meet the Euilding Code for � � stairs, landings, handrails, and other concerns? Does it meet the v � I requirements of the Federal P.mericans with Disabilities Act? 3. Is there a restroom on the lst floor? Is it being remodeled now or in the future? Sf no restroom is existing, when will an accessible restroom be provided? NOTE: We fully realize that it is oftea difficult to initially provide an accessible restroom in this type of conversion. Therefore, we have usually allowed an existing non-accessible restroom to suffice for small shops until the owner wishes to remodel them. S£ no restroom exists on an accessible level, then it is best that we establish an agreement and timeline for the £uture construction of, at least, a single, uni-sex accessible restroom. These types of considerations are always subject to citizen or prospective employee complaint under the Federal ADA. (We currently have no legal right to en£orce or make determinations regarding the ADA. We do, however, attempt to advise customers of the requirements and assist in compliance) 4. Do the walls, openings, fixtures, and furniture provide appropriate access and exit travel •paths"? 5. Location of fire extinguisher? C. 3rd Floor: Is there a 3rd floor? If so, is it utilized for occupancy or storage? Final Zoning and Building Code Approvals must be given, by this Office, before a Certificate of Occupancy may be issued by Fire Prevention. Based on the infoxmation I have, it does not appear that any other significant problems (or charges, such as the Metropolitan Waste Coimnission's Service Availability Charge) exist. It is unfortunate that a leCter such as this, especially this length (!), is necessary, but I wanted to be sure you understand our concerns regarding this change of occupancy. Obviously, the Business License you received was issued without realizing that it was a change of use. If this matter can not be resolved in the near future, your occupancy of the building as a business and the license could be in jeopardy. Sinc T� Halvorso Senior Plan Examiner enc: Casselman letter 9/29/95 cc: Dave Bergman, Fire Prevention Greg Johnson, Building Inspector File Lic ID ................... 61881 STAT ..................... AC Business Name............ CASSELMAN, SHARON Address .................. 941 GRAND AVE Zip ...................... 55105 Doing Business As........ HOME SWEET HOME ANTIQUES License Name ............. SECOND HAND DEAI,ER-SINGLE LOCATION Exp Date ................. 10/12/96 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 4246168 227-4750 Press 'C' to continue, 'P' to print, or 'R' to redisplay... � �� Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° . ■ In Re the License of Sharon Casselman ' — dli�/a giome 5weet Home Antiques — City's Exh. No. 7 ! � CITY OF SA1NT PAUL Norm Coleman, Mayor August 6, 1996 OFFI�OF THE CITY A'I"CORNEY Timoth Marz, Ciry Alforney a� -, Civr1 Division 400 Ciry Ha11 rs wesr �no� sha Satrst Paul, Minnesom 55702 Telephone: 612166-8710 Facsimik: 672 198-5619 Mrs. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Re: Licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques Our File Number: G96-0301 Dear Mrs. Casselman: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: A review of the records fsom the Building Inspection and Design section of the City of Saint Paul indicates that you are in violation of orders issued by the Saint Paul Fire Department in connection with the change in occupancy at 941 Grand Avenue from residential to commercial. You were notified by a letter dated April 10, 1995 that in order to secure a Certificate of Occupancy you would need to comply with six requirements set forth. The deadline of May 15, 1995 has been extended twice, but as of July 1996 you were still not in compliance with the applicable fire and building codes. If you do not dispute that the above is accurate, 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 ten days from the date � —. In Re the License of Sharon Casselman i — cl/b/a FIome Sweet Home Antiques — C►ty➢s Exh. No. 8 .' ' ' � Page 2 � �� of this letter. If I do not hear from you, I will schedule the 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, ULIC�� G��vuiL Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., S60 St. Clair Ave., St. Paul, MN 55105 . . , � c�1�'��5� STATE OF MINNESOTA ) ) ss. AFFIDAVST OF SSRVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 7, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mrs. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue St. Paul, MN. 55105 (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 7th day of August, 1996. ��. �� . . � RITA M. BpSSARD � NOTARY PUBUC - MINNES�TA t�nAnser couarv � Mrco�. �es,�. s,. z000 � CITY OF 5AINT PAUL Norm Coleman, Mayor August 20, 1996 Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, Minnesota 55105 Ms. Sharon Casselman 794 Lincoln Avenue Saint Pau1, Minnesota 55105 RE: Licenses held my Sharon Antiques License ID NO.: 61881 Our File Number: G96-0301 Dear Ms. Casselman: OFF�F THE CITY ATTORNEY Timot Masx, Ciry Attorney Civil Division 400 City Hall IS West Kellogg Blvd Saint Paul, dTinnesom 55102 �Q `? -'S 2-� Telephone: 6I2 266-87T0 Focsimi]e: 6l2 298-5679 Casselman d/b/a Home Sweet Home Our office sent you a letter dated August 6, 1996, in which you were notified that a review of city records indicated that you were in violation of orders issued by the St. Paul Fire Department in connection with the change in occupancy at 941 Grand Avenue from residential to commercial use and the need to meet applicable fire and building codes. The letter asked that you contact this office to let us know whether you disputed that fact. Although you've phoned to say you would be going out of business, we still need to proceed with adverse action. Please let us know in writing whether you wish to admit to the violation. If you admit to the violation, this matter will then be scheduled before the Saint Paul City Council to determine what, if any, penalty to be imposed. If we have not received anything in writing by Monday, August 26, 1996, we will proceed to schedule this matter for an evidentiary hearing before an administrative law judge. At that hearing you will be able to appear and present witnesses, evidence and cross-examine the city's witnesses. The city in turn will also present witnesses and evidence and may cross-examine any witnesses you bring to testify on your behalf. We will send you a notice which will tell you when and where the hearing is to be held. Page 1 � � In Re the License of Sharon Casselman ` dfb(a Home Sweet Home Antiques �� City's Exh. No. 9 : � � In addition to the penalty, the city will also be seeking reimbursement for the cost of the administrative hearing, since there appears to be no dispute that the St. Paul Fire Department's orders have not been complied with. I still ask that you call, so that we may discuss the matter. I can be reached at 266-8710_ Sincerely, �� Virginia D. Palmer Assistant City Attorney � �1' l - �2� cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Chris Trost, Executive Director, Summit Hill Assoc., 860 St. Clair Ave., St. Paul, MN 55105 a , �'l - 3 2-� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 21, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, MN. 55105 Ms. Sharon Casselman 794 Lincoln Avenue St. Paul, MN. 55105 (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 . . KA?Nr�YN J. t�4ciAUGHLIN _'i.,;., NCTFRYPUBLIC-MINNESOTA ��?=.' RAMSEY COUNTY MY ��. �Pkes Jan. 31.2000 �'� -- 3 � � AUGUST 23, 1996 Office of the City Attomey Civil Division 400 City Hafl 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 RE: Licenses held by Sharon Casselman d/b/a/ Home Sweet Home Antiques License ID NO.: 61881 F�Ie �vu�rber: G9S-C3v^ � To whom it may concern, Nome Sweet Home Antiques is no longer open for business. tt has not been open for several weeks now, and is permanently closing its doors. Since the business is now closed, we are no longer violating the orders issued by the St.Paul Fire Department. We do not see any reason to take this matter any further, but it is obviously not our place to decide that. However, we ask that you reconsider proceeding with adverse action. Thank you for your time and effort. Sincerely, Chad Casselman Son of Sharon Casseiman '� � In Re the License of Sharon Casselman — d/b/a Home Sweet Home Antiques —', City's Exh. No. 10 �� . '�� _ �.� �,,,.� ,�u..�t � �a �t�` �� ,��`� � '� �� .`� ��.�_�,�� . � � � � �.�`°``:�... � '� �.�-z.� ��' � -u- c��"""-^J �a�.�i�u.r/ �� .� �- ��, � ��;o S _ �� . ��. °i ,� _� �-�' � , ��-. . � � OFFI�F THE CITY ATTORNEY Timotli�Marx, Ciry Attorney CITY OF SAINT PAUL Norm Coleman, Mayo� August 26, 1996 Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue Saint Paul, MN 55105 l 1 �J Civil Division 400 Ciry Hall IS West Ke[loggBlvd Saint Pau� �Yfnuresota 55102 Telephone: 672 266-8710 Facsimile: 617 298-5679 RE: All licenses held by Sharon Casselman d/b/a Home Sweet Home Antiques, Our file #G96-0301 Dear Ms. Casselman_ I received your letter dated August 23, 1996 in which you indicate that Home Sweet Home Antiques has been closed, as well as a letter from your son, Chad Casselman, indicating that you see no reason to take the matter further. Although I understand that you and your son believe the matter is ended because the business is closed, I cannot simply stop the adverse action process. At this point, if you wish to send a letter to me asking that your license at that location be withdrawn, I can present that to the City Council, and that is likely to be the end of the matter. By ordinance, they could decide to continue with the adverse action process even after you surrender or withdraw your license, but this is not a situation in which that is very likely. At this point, you have several options. First, you can send a letter indicating that you do not dispute the facts in the original Notice of Violation letter, and ask that the matter be set before the City Council. We would notify you of the date it was scheduled, and you could appear in person, submit written argument, or simply not appear or respond. The license would then be revoked. Second, you could send a letter indicating that you wish to surrender or withdraw your license, and the matter would be set before the City Council to act on that request. You would not be able to operate a business unless you reapplied for a license. Third, if you wish to deny the allegations, or simply wish to have a hearing on this matter, you can let me know that and this will be scheduled for a hearing in front of an administrative law judge, who would then make findings of fact, and would submit a recommendation to the City Council for action. The Council can accept or amend the findings and makes a decision regarding your license. ■ � In Re the License of Sharon Casselman — d/b/a Home Sweet Home Antiques — I City's Exh. No. fll ; ,. : � � �C�-'3�� Sharon Casselman August 26, Z996 Page 2 I look forward to hearing from you on your decision regarding how you want to proceed. If you still have questions, please feel free to contact me. Sincerely, ��-� C�.� Virgznia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP - � � i � �l'1-� a-�' STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICS BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 24, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Sharon Casselman Home Sweet Home Antiques 941 Grand Avenue St. Paul, MN. 55105 Sharon Casselman c/o Chad Casselman 794 Lincoln Avenue St. Paul, MN. 55105 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribefl and sworn to before me t�iis 24th day of Sep�ember, 1996. I- MINNESOiA GOUNTY Comm. of said person) and depositing the United States mails at St.