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Directing the Department of Safety and Inspections to proceed with the denial of the Laundry/Dry Cleaning Plant License and adverse action against Global Finance LLC d/b/a Laundry Lounge, (License ID #20230000728) for the premises located at 1047 University Avenue West.
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WHEREAS, the Laundry/Dry Cleaning Plant license (“License”) held by Global Finance LLC d/b/a Laundry Lounge under License ID #20230000728 for the premises located at 1047 University Avenue West in Saint Paul (“Licensed Premises”), which is owned by Layla Nazzal was the subject of adverse action pursuant to an August 6, 2024, Notice of Intent to Deny License (Notice”) in which the Department of Safety and Inspections (“Department”) provided notice to the Licensee of its intent to deny license and move forward with adverse action supported by Saint Paul Legislative Code §310.03; and
WHEREAS, on March 7, 2024, an email was sent from DSI Inspector, Jeff Fischbach to Russ Waletski who is an associate of the business. Inspector, Jeff Fischbach requested that the Request to Withdraw/Request for Refund form must be completed and signed by the owner, Layla Nazzal, which they failed to complete and submit to DSI.
WHEREAS, on April 1, 2024, DSI Inspector, Jeff Fischbach mailed a letter to Layla Nazzal advising of his prior conversation with Russ Waletski, who stated he no longer wanted to establish the use requiring this license. Layla Nazzal was also informed in the letter that an email was sent to Russ Waletski on March 7, 2024, requesting a completed Request to Withdraw/Request for Refund form, to close out the pending license application.
WHEREAS, a deadline of April 15, 2024, was given to the Licensee to provide DSI with the completed Request to Withdraw/Request for Refund form. The Licensee failed to provide the completed form to DSI.
WHEREAS, the Notice laid out the basis for adverse action and the Legislative Code upon which the Department was relying as follows:
Saint Paul Legislative Code §310.01, defines Adverse Action as: “the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application of the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, Licensee or applicant for a license. “Adverse action” includes any of the foregoing directed at one (1) or more licenses held by a Licensee at any location in the city. “Adverse action” also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license.
Saint Paul Legislative Code §310.03 states: “In any case where the council may or intends to consider any adverse action, including the revocation or suspension 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, of the disapproval of a license issues by the State of Minnesota, the applicant or licensee must be given notice and an opportunity to be heard herein. The council may consider such adverse actions when recommended by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative.”
WHEREAS, the Licensee had failed to complete the application requirements the Department of Safety and Inspections will recommend denial of the Laundry/Dry Cleaning Plant license application based on violation to Saint Paul Legislative Code §310.01 and §310.03.
WHEREAS, the Department of Safety and Inspections recommended a denial of the license application; and
WHEREAS, the Notice laid out options for the Licensee:
“You have five (5) options on how to proceed:
1. If I have not heard from you by August 16, 2024, I will presume that you have chosen not to contest the proposed adverse action and the matter will be placed on the City Council Consent agenda for approval of the proposed remedy and denial of your license application.
2. Submit the required information requested to the Department of Safety and Inspections (DSI) located at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than August 16, 2024.
3. If you wish to admit the facts but you contest the penalty, you may have a hearing before the Saint Paul City Council. You will need to send me a letter with a statement admitting to the facts and requesting a public hearing no later than August 16, 2024. The matter will then be scheduled before the City Council to determine whether or not your Laundry/Dry Cleaning Plant license applications should be denied. You will have an opportunity to appear before the City Council and make a statement on your own behalf.
4. If you dispute the facts outlined above, you may request a hearing before an Administrative Law Judge (“ALJ”). You will need to send me a letter disputing the facts and requesting an administrative hearing no later than August 16, 2024. At that hearing both you and the City will appear and present witnesses, evidence and cross-examine each other’s witnesses. After receipt of the ALJ’s report (usually within 30 days), a hearing will need to be scheduled before the City Council. At that time, the City Council will decide whether to adopt, modify or reject the ALJ’s report and recommendation.
5. You can withdraw your Laundry/Dry Cleaning Plant license application. Complete and return the attached REQUEST TO WITHDRAW REQUEST FOR REFUND form to the Department of Safety and Inspections (DSI), located at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than August 16, 2024.”
WHEREAS, the Notice was sent to the licensee on August 6, 2024, providing that you respond by August 16, 2024, on whether you contest the proposed adverse action; and
WHEREAS, on September 10, 2024, the City Attorney’s Office contacted the Department of Safety and Inspections to confirm whether the requested documents had been received and was informed that they have not heard from the Licensee/or received the requested documents.
WHEREAS, the Notice stated if the Licensee failed to contest to the denial of the license application, that the matter would be placed on the City Council Agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, the Laundry/Dry Cleaning Plant license held by Global Finance LLC d/b/a Laundry Lounge (License ID #20230000728) for the premises located at 1047 University Avenue West in Saint Paul is hereby to deny the license since the licensee did not submit all requested documents to the Department of Safety and Inspections in violation of Saint Paul Legislative Code §310.03.