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Directing the Department of Safety and Inspections to suspend the Liquor On Sale-100 Seats or Less, Entertainment (A) Liquor On Sale Sunday and Gambling Location license against the Taste of Rondo LLC d/b/a Taste of Rondo Restaurant, (License ID #20190000107) for the premises located at 976 Rondo Avenue.
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WHEREAS, on October 16, 2024, Notice of Violation and Request for Imposition of $500 Matrix Penalty and License Suspension (Notice”) was sent to the Applicant in which the Department of Safety and Inspections (“Department”) provided notice to the Applicant of its intent to suspend license until licensee renewed their license, paid the fee payment to renew license, and submitted the supporting documents required, and move forward with adverse action supported by Saint Paul Legislative Code §310.03; and
WHEREAS, the Notice laid out the basis for adverse action and the Legislative Code upon which the Department was relying on 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 §310.02(2)(a)1 states: “Form. All applicants for a Class N License issued pursuant to these chapters will make both original and renewal applications to the director on such forms as are provided by the department. Such applications will not be received by the director deems the application meets the substantially complete criteria…”
Saint Paul Legislative Code §310.02 (2)(e)(3) states: “Revocation or suspension. If the director determines that the application for renewal does not meet all of the requirements of law or that there exist no grounds for revocation or suspension of a Class N License, the director must follow the hearing procedures as outlined in Saint Paul Legislative Code §310.03.”
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.”
Saint Paul Legislative Code §310.03(m) states: a presumptive penalty of $500 for a first-time violation of a provision of the legislative code related to the licensed activity.
Saint Paul Legislative Code §310.03 (a)(m)1(8) states: Failure to pay license fees can lead to a the suspension of a license for a first time violation and revocation of a license for a second violation.
Saint Paul Legislative Code §310.03 (m)2(10) states: Failure to make application for license renewal prior to license expiration date for a first violation is $500.00.
Saint Paul Legislative Code §310.04(b)(14) states: “The licensee has failed to pay license fees within sixty (60) days of the date the fees are due. Licensee must pay any outstanding fees and delinquent fees in total. Failure to do so within sixty (60) days of the due date may result in revocation of the license.”
Saint Paul Legislative Code § 409.05(a) states: “Term. All licenses for the sale of intoxicating liquor are to be for a term of one (1) year from the date of issuance or renewal, except as provided herein. The date shall be determined by the inspector and entered upon the license.”
Saint Paul Legislative Code § 409.05(b) states: “License fees, on-sale; semiannual installments. The fees required for licenses is be established by ordinance as specified in section 310.01 of the Legislative Code. Said sum must be paid in two (2) equal amounts, the first to be paid before the license is issued or renewed, the second payment to be made within six (6) months from the date of the issuance or renewal.”
Saint Paul Legislative Code § 409.06(j)(1) states: “An on-sale license renewal may be denied for any license who is delinquent in any payment or contribution to a health and welfare trust or pension trust.”
WHEREAS, on December 11, 2024, a resolution was passed RES 24-1786 (Exhibit 1), approving that the Applicant pay the $500 penalty fee and license suspension, complete the renewal process and provide required documents to the Department of Safety and Inspections.
WHEREAS, the Applicant had failed to pay the $500 matrix penalty and license suspension, complete the renewal process and provide required documents, the Department of Safety and Inspections will recommend a suspension of the Liquor On Sale - 100 Seats or Less, Entertainment (A) Liquor On Sale Sunday and Gambling Location license based on violation to Saint Paul Legislative Code §310.02(2)(a)1, §310.02(e)(3), §310.03(m), §310.03 (a)(m)1(8), §310.03 (m)2(10), §409.05(a), 409.05(b), and §409.06(j)(1).
WHEREAS, the Department of Safety and Inspections recommended a suspension of license; now, therefore, be it
RESOLVED, the Liquor On Sale - 100 Seats or Less, Entertainment (A) Liquor On Sale Sunday and Gambling Location license held by Taste of Rondo LLC d/b/a Taste of Rondo Restaurant, (License ID #20190000107) for the premises located at 976 Rondo Avenue., Saint Paul, MN 55104 is hereby suspended in violation of the Saint Paul Legislative Codes §310.02(2)(a)1, §310.02(e)(3), §310.03(m), §310.03 (a)(m)1(8), §310.03 (m)2(10), §409.05(a), 409.05(b), and §409.06(j)(1).