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Directing the Department of Safety and Inspections to proceed with the denial of the Second Hand Dealer-Motor Vehicle License and adverse action against Azak Auto Sales LLC d/b/a Azak Auto Sales LLC (License ID #20240000279) for the premises located at 817 Vandalia St Ste 1C.
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WHEREAS, the Second Hand Dealer-Motor Vehicle license application submitted by Azak Auto Sales LLC d/b/a Azak Auto Sales LLC (“Azak Auto Sales LLC”) under License ID #20240000279 for the premises located at 817 Vandalia St Ste 1C, Saint Paul, MN 55114 (“Premises”), which is owned by Abdirazak Iddle is subject to a Notice of Intent to Deny License (Notice”) in which the Department of Safety and Inspections (“Department”) provided notice to the Applicant of its intent to deny license and move forward with adverse action supported by Saint Paul Legislative Code 310.03(a); and
WHEREAS, on March 12, 2024, DSI Inspector, Jeff Fischbach sent a letter updating the Applicant on the status of their pending license application. The letter stated that the license application is incomplete, therefore, in a pending status. The letter requested the Applicant to complete all requirements by April 12, 2024.
WHEREAS, on March 19, 2024, an email from DSI Inspector, Jeff Fischbach was sent to kismaayoone@hotmail.com requesting the Applicant to get the DSI Zoning Division approval of a parking plan. DSI Zoning Inspector, Frances Birch was copied on the email since the Applicant also had prior conversations with Inspector Birch that morning. The Applicant was requested to follow-up with Inspector Birch to obtain plan approval. The Applicant was also informed that DSI Licensing Division could not continue with the processing of their application until a parking plan is approved. The Applicant was also informed to submit their application to the District Council.
WHEREAS, On September 19, 2024, a 2nd Application Incomplete letter was sent to the Applicant from DSI Inspector, Jeff Fischbach requesting the Applicant to obtain a DSI Zoning Division approved site/parking plan and to submit the Class N License District Council Form to the District 12 St Anthony Park Community Council. The Applicant was provided with a deadline of October 18, 2024, to satisfy all of these requirements.
WHEREAS, on September 19, 2024, an email was sent to the Applicant at kismaayoone@hotmail.com from Inspector, Jeff Fischbach requesting the Applicant to complete the Request to Withdraw form if they were no longer interested in pursuing their license. DSI could then refund the Applicant 75% of their license fee. The Applicant was informed that failure to complete required actions by October 18, 2024, will result in their application being forwarded to the City Attorney with a recommendation adverse action to be taken to deny their request. The Applicant was also informed that they would be unable to get any money back.
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 §310.02 (2)(b)(1) states:
(2) Class N Licenses.
(b) “New application investigation and review. the director will determine the sufficiency and accuracy of each new application and obtain such criminal history information as may be used under Minn. Stats., chapter 364, and is otherwise available by law. The director will make reasonable and appropriate investigation of the premises or personal property, vehicles, or facilities, as may be involved in or related to the licensed activity, and will request, where appropriate, the assistance of DSI divisions and other city divisions or departments in making additional investigations for the purpose of determining whether the applicant is or will be in compliance with all applicable ordinance and statutes. The approval of such other divisions or departments is not required for issuance of a license unless otherwise required by specific sections in these chapters. All new applications will be reviewed by the zoning administrator or their designee for compliance with all requirements of the Saint Paul Zoning Code, and no new license will be granted without full compliance with said requirements. All new applications involving a premise, location, building or structure will be reviewed by the building official or their designee and inspections for investigation and recommendation.”
(1) “Verification of Class N License District Council Notification Form. the director must take reasonable efforts to ensure that the district council has notified the department by email that the Class N License District Council Notification Form has been received.”
Saint Paul Legislative Code §410.03(d) states that:
(d) “Site Plan. In addition to other information required by the inspector, the applicant shall submit two (2) copies of a site plan approved by the planning commission or its delegate, pursuant to section 62.108 of the zoning code and other applicable sections. Such site plan, in addition to all other requirements, shall show the location and the ground area of the premises, and the location of all buildings or other structures existing thereon or to be places thereon; the location of the premises upon which the applicant proposes to carry on the business secondhand motor vehicle parts dealer, and whether the applicant proposes to use an adjacent lot or lots for the processing or storage of motor vehicle parts; and whether the applicant has ever been engaged in a similar business, and if so, the location thereof and the date when so engaged.”
WHEREAS, the Applicant had been notified that they failed to provide requested Zoning approval and failed to submit required information to the District 12 St Anthony Park Community Council. The Department of Safety and Inspections recommended a denial of the Second Hand Dealer- Motor Vehicle license application based on violation of the Saint Paul Legislative Code §310.01, §310.02 (2)(b)(1), and §410.03(d), and
WHEREAS, the Department of Safety and Inspections recommended a denial of the license application; and
WHEREAS, the Notice laid out options for the Applicant:
“You have five (5) options on how to proceed:
1. If I have not heard from you by December 23, 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 December 23, 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 December 23, 2024. The matter will then be scheduled before the City Council to determine whether or not your Second Hand Dealer-Motor Vehicle 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 December 23, 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 Second Hand Dealer-Motor Vehicle 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 December 23, 2024.”
WHEREAS, the Notice was sent to the Applicant on December 11, 2024, providing that you respond by December 23, 2024, on whether you contest the proposed adverse action; and
WHEREAS, on January 7, 2025, 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 Applicant; and
WHEREAS, the Notice stated if the Applicant 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 Second Hand Dealer-Motor Vehicle license application submitted by Azak Auto Sales LLC d/b/a Azak Auto Sales LLC (License ID #20240000279) for the premises located at 817 Vandalia St Ste 1C, in Saint Paul is hereby to deny the license since the Applicant did not submit all requested documents to the Department of Safety and Inspections in violation of Saint Paul Legislative Code §310.01, §310.02 (2)(b)(1), and §410.03(d).