Title
Approving adverse action against the Restaurant (1) No Seats license held by Lucky Pizza's & Pasta's LLC, d/b/a Lucky Pizza's & Pasta's, 1215 Randolph Avenue.
Body
WHEREAS, adverse action was taken against the Restaurant (1) No Seats license held by Lucky Pizza's & Pasta's, LLC d/b/a Lucky Pizza's & Pasta's (License ID #20080003151) for the premises located at 1215 Randolph Avenue in Saint Paul by Notice of Violation dated December 22, 2011, alleging that on November 4, 2011, during an Environmental Health Inspection re-check, the DSI Inspector found an ashtray full of cigarette butts in the employee break room in violation of the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.414) and Saint Paul Legislative Code § 238.04 (1) and (2); and
WHEREAS, this was the second violation within one (1) year; therefore, the licensing office recommended a $1,000.00 matrix penalty; and
WHEREAS, on January 3, 2012, the manager of the establishment contacted the City Attorneys Office regarding the Notice of Violation and stated that he would speak with the licensee to see what he wanted to do and he would also call DSI to discuss a payment plan or reduction of the penalty; and
WHEREAS, a conversation with DSI on January 17, 2012, confirmed the manager called DSI but then failed to follow through and have the licensee either pay the $1,000.00 matrix penalty or send a written request for a public or administrative hearing; and
WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $1,000.00 matrix penalty or send a written request for a hearing by January 2, 2012, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that Lucky Pizza's & Pasta's, LLC d/b/a Lucky Pizza's & Pasta's is hereby ordered to pay a matrix penalty of $1,000.00 for a second violation to the Minnesota Clean Indoor Air Act within one (1) year. Payment of such penalty shall be made within thirty ...
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