07-187Council File # O �S
Green Sheet # 3Q
Presented by
� RESOLUTION
Y� F S�AIN PAUL, MINNESOTA
\`� \
2
C�
r�
WFIEREAS, adverse action was taken against all licenses held by GKTC Corp., d/b/a The Lucky
Fo� Bar and Grill (License ID #20030005015) for the premises located at 731 Randolph Avenue in Saint
Paul, by Notice of Violation dated January 29, 2007, alleging licensee violated conditions of their license
for failing to maintain the videotape machine and producing a videotape when requested by LIEP staff; and
6
7 WIIEREAS, the licensee did not respond to the Notice of Violation to contest the allegation or pay
8 the $500.00 fine; and
9
10 WHEREAS, Notice of Violation stated that if the licensee failed to contest the allegation or pay the
ll$500.00 fine by February 8, 2007, that the matter would be placed on the consent agenda to impose the
12
13
14
15
16
17
18
19
20
recommended penalty; now, therefore, be it
RESOLVED, that all licenses held by GKTC Corp., d/b/a The Lucky Foxx Baz and Grill are hereby
ordered to pay a fine of $500.00 for failing to maintain the videotape machine and producing a videotape
when requested by LIEP staf£ Payment of fine shall be made within tlurty days of the date of the adoption
of this resolution.
Requested by Departrnento£
�I � • /
.1 _ ,
�
Adopted by Council: Date Z Zu` � 1
Adopu�' u-EerttF' e y o ncil S retary
By:
Approved by r: Date �j
By:
Form oved�by City A mey
B �
Porm Ap ve by yor for Sub 'ssion to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� � �� 7
LP — Licenset3nspectionfEnvironProt
GoMad Person S Phone;
Rachel Gunderson
266-8710
Doc.Type: RESOLUTION
E-Document Required: Y
Document Corrtact: Julie Kraus
Conpct Phone: 266-8'776
Date Initial
13FE6-07
�
Assign
Number
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3036984
0 'cen "oWEnvQOnProt
1 IT.icensellnsoeNodEnviron Prot DeparhneM D'vector
2 ' Attorne
3 or's Otfice Ma or/Assistant
4 ouncil
5 i Clerk C5 Clerk
Approval of the attached resolurion to take adverse acflon against a11 licenses held by GKTC Coip., d/b/a The Lucky Fo� Baz and
Grill (I,icense ID #2003000501 � for the premises located at 731 Randolpk Avenue In Saint Paul.
dations: Approve (A) or ReJect (K): rersona� service ooniraccs mus. Nnswer me r����w���y �e�o�.�����.
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIBCommitlee Yes No
Civil Service Commission 2. Has ihis person/flrm ever been a city empfoyee?
Yes No
3. Does ihis personlfirm possess a skiA not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and altach to green sheet
Initiating Probiem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee violated conditions of their license for failing to maintain the video tape machine and producing a videotape when requested
by LIEP staff. After notification, Licensee failed to respond to the Notice of Violation.
Advantages �f Approved:
$500.00 mahix penalty
DisadvanWges If Approved:
None
Disadvantages If Not Approved:
Trensaction:
Funding Source:
Rnartcial Information:
(Explain)
RECEIVED
MAYOR'S OFF�CE
SJSY�DY'YVi-! �d:i+c��aF 1A'c%��' .
y �
CostlRevenue Budgeted:
Activity Number.
February 13, 2007 2:42 PM Page 1
lE �
OFFICE OF' TF� CITY ATTORNEY
.7ohn J Choi, Ciry Btromey
07 7
cIl S ��` SA11VT PA�, CiviZDivision
Ch�istophe> B. Colemml, Mayor 400 Ciry Hall � TeTephone: 657 266-8770
" _ IS�estKello�Blvd FacsimiZe:65I298-5619
- SaintP¢u� Minnesota 55702 - '
� _
January 29, 2007
NOTICE OF VIOLATION - .
Gloria Caselius
The Lucky Fo� Bar & Grill
731 Randolph Avenue
St. Paul, MN 55102
RE: All licenses held by GKTC Corp, d!b/a The Lucky Fo� Baz & Grill far the premises
located at 731 Randolph Avenue in Saint Paul
License ID #: 20030005015
Deaz Ms. Caselius:
The Office of License, Tnspections and Environmental Protection has recoxnmended
adverse action against all the licenses held by GKTC Corp, dlb/a The Lucky Fo� Bar & Crrill for
the premises located at 731 Randolph Avenue in Saint Paul. The basis for the recommendation
is as follows:
On January 18, 2007, you were hand-delivered a letter from the Office of
License, Inspections and Environmental Protection requesting that you turn
over a copy of the videotape from your secnrity cameras for the evening of
January 13, 2007. At that fime, you stated that you did not have the
videotape and you also did not have the videotape from a previous request
because your equipment can only story recordings for three days.
This is a violation of condition #4 of you license which states: "....All cameras
must be operational and tapes maintained for seven (7) days."
Per Saint Paul Legislative Code §310.05 (m) (1}, the licensing nffice will recommend a
$500.00 penalty:
AA-ADA-EEO Employer
The Lucky Fo� Bar & G-�nil
J�u� 29, 200�
Page 2
At this time, you have three options on how to proceed:
(-,
D �'/� 7
1. You can pay the $S00 penalry. If this is your choice, please send the payment to the
Office of License, Inspections and Environmental Protection, at 8 Fourth Street East,
Suite 200, St. Paul, Minnesota 55101-1002 no lafer than Thursday, February 8, 2007.
Information should be directed to the attention of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Payment of the fine will be considered to be
a waiver of the hearuig to which you are enfitled.
2. If you wish to have a public hearing before the Saint Paul City Council, you will need to
send me a letter with a statement admitting the facts and requesting a public hearing. We
will need to zeceive your letter by Thixrsday, February 8, 2007. The matter will then be
scheduled before the City Council for a public hearing to determine whether to nnpose
the penalty. You will have an opporhanity to appear be£ore the Council and make a
statement on your own behalf: .
3. If you dispute the above facts, you can request a hearing befoxe an Adiniuistrative Law
Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council
will ult'vnately decide the case. If this is your choice, please advise me no latex than
Thursday, February 8, 2007, and I will take the necessary steps to schedule the
adiniuisirative hearing.
If you have not contacted me by that date„I will assume that you do not contest the
imposition of the $500 penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
2��
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LTEP
Gloria Caselius, 7601- 11 Street North, Oakdale, MN 55128
AA-ADA-EEO Employer
STATE OF MINNESO"� �
) ss.
COI3NTY OF RAMSEY )
07
Julie Kraus, being first duly sworn, deposes and says that on the 29th day of January, she
served the attached NOTTCE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
Gloria Caselius
The Lucky Fo� Bar & Grill
731 Randolph Avenue
St. Paul, MN 55102
Glaria Caselius
7601-11�' StreetNorth
Oakdale, M1V 55128
(which is the last lrnown address of said person) depositing the same, with postage prepaid, in
the United 5tates mail at St. Pau1, Minnesota.
,
�
Julie Kraus
Subscribed and sworn to before me
this 29"` day of January, 2007
� �- �
o y Publzc
�_.
AFFIDAVIT OF SE�VICE BY t7.S.1VIAIL,
RITA M. BOSSARD
NOTARY PUBLIC • MMINESOTA
MY COMMISSION
�+;m EXPIRESJAN.31.2010