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Directing the Department of Safety and Inspections to revoke the Wine On Sale, Malt On Sale (Strong), Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) license for The Neighborhood Café Inc. d/b/a The Neighborhood Café, (License ID #20120000960) for the premises located at 1570 Selby Ave.
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WHEREAS, on April 15, 2025, a Notice of Violation and Request for Revocation of License (Notice”) (Exhibit #1) was sent to the Licensee in which the Department of Safety and Inspections (“Department”) provided notice to the Licensee of its intent to revoke license until the 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, on August 6, 2024, Licensing Manager, Eric Hudak mailed the Licensee a letter to inform them that their license had expired and is now delinquent. Licensee was requested to complete the renewal of their license by August 27, 2025. Failing to do so the delinquent/expired license would be submitted to the City Attorney’s Office for adverse action; and
WHEREAS, Licensee was advised to submit the renewal fee and all supporting documentation to the Department of Safety and Inspections. A copy of the renewal invoice was enclosed with the August 6, 2025, letter; and
WHEREAS, Licensee failed to pay their license renewal fee within sixty (60) days of the expiration date being May 10, 2024; and
WHEREAS, on October 8, 2024, a Notice of Violation and Request for Imposition of a $500 Matrix Penalty and License Suspension was sent to the Licensee (Exhibit #2). Licensee was to complete the renewal process including payment for the renewal fee. Licensee was given a deadline of October 18, 2024, to provide the requested information; and
WHEREAS, on December 11, 2024, a resolution (RES 24-1700) (Exhibit #3) was passed on December 11, 2024, through City Council directing the Department of Safety and Inspections to proceed with the $500 matrix penalty and suspension of the license; and
WHEREAS, the Department of Safety and Inspections have not received the $500 matrix penalty fee, renewal fee, and requested supporting documents to date; and
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 (a) states:
(a) “Adverse Action; notice and hearing requirements. 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, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee must be given notice and an opportunity to be heard as provided 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 Section 310.04(b) states:
(b) “Basis for action. Such adverse action may be based on one (1) or more of the following reasons, which are in addition to any other reason specifically provided by law or in these chapters.”
Saint Paul Legislative Code Section 310.04(14) states:
(14) “The licensee has failed to pay license fees within sixty (60) days of 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. A revocation for this reason, however, is not considered a revocation resulting from misconduct or unfitness of the licensee, evidence of violation of law involving licensed premises, evidence that the applicant had been involved in the operation of a nuisance, or fraud or deception in the license application. Therefore, the requirement of section 310.02 prohibiting re-application within one (1) year of revocation shall not apply to revocations under this paragraph.”
WHEREAS, the Notice was sent to the Licensee on April 15, 2025, providing that the Licensee respond by April 25, 2025, on whether they contest the proposed adverse action; and
WHEREAS, on April 29, 2025, the City Attorney’s Office contacted the Department of Safety and Inspections to confirm whether the license renewal fee and supporting documents were successfully completed and was informed that they have not heard from the Licensee; and
WHEREAS, the Licensee has failed to pay the renewal fee and submit the supporting documents; and
WHEREAS, the Department of Safety and Inspections will recommend revocation of the Wine On Sale, Malt On Sale (Strong), Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) license application based on violation to Saint Paul Legislative Codes § 310.01, 310.03 (a), 310.04(b), and 310.04(14); now, therefore, be it
RESOLVED, Wine On Sale, Malt On Sale (Strong), Liquor Outdoor Service Area (Patio) and Liquor Outdoor Service Area (Sidewalk) license held by The Neighborhood Café Inc. d/b/a The Neighborhood Cafe, (License ID #20120000960) for the premises located at 1570 Selby Ave. Saint Paul, MN 55104, is hereby revoked pursuant to Saint Paul Legislative Codes § 310.01, 310.03 (a), 310.04(b), and 310.04(14).