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Directing the Department of Safety and Inspections to proceed with the denial of the Liquor Off Sale License and adverse action against PZA II LLC d/b/a Vineria Cossetta, (License ID #20150002722) for the premises located at 211 7th Street West, Suite B-100.
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WHEREAS, the Liquor Off Sale license (“License”) held by PZA II LLC d/b/a Vineria Cossetta (“PZA II LLC”) under License ID #20150002722 for the premises located at 211 7th Street West Suite B-100, Saint Paul, MN 55102 (“Licensed Premises”), which is owned by David Cossetta was the subject of adverse action pursuant to a October 8, 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(a); and
WHEREAS, on December 1, 2013, Licensee submitted a Class “N” License Application for a Liquor Off Sale.
WHEREAS, on January 28, 2020, Licensing Manager, Eric Hudak from the Department of Safety and Inspections (DSI), sent a letter to the Licensee stating that in order to process the Off-Sale Liquor license application for Vineria Cossetta, an application for a building permit must be made. The letter also requested the Licensee to submit a completed building permit application with construction plans to DSI for the establishment of an off-sale liquor store at 211 7th Street West on or before March 28, 2020.
WHEREAS, Licensee was informed failure to provide completed building permit application with constructions plans to DSI on or before March 28, 2020, could result in proceedings to deny license application.
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, or 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 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 §409.01 states that:
“Unless otherwise allowed under Minn. Stat. Ch. 340A, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license of permit.”
WHEREAS, the Licensee had been notified that they failed to provide requested building permit application with construction plans to the Department of Safety and Inspections on or before March 28, 2020. The Licensee failed to satisfy these requirements. The Department of Safety and Inspection recommended a denial of the Liquor Off Sale license application based on violation of the Saint Paul Legislative Code §310.03 and §409.01, and
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 October 18, 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 October 18, 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 October 18, 2024. The matter will then be scheduled before the City Council to determine whether or not your Liquor Off SaleAuto Body Repair Shop 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 October 18, 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 Liquor Off Sale 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 October 18, 2024.”
WHEREAS, the Notice was sent to the licensee on October 8, 2024, providing that you respond by October 18, 2024, on whether you contest the proposed adverse action; and
WHEREAS, on November 6, 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 the Licensee is no longer operating and has vacated the premises; and
WHEREAS, on April 13, 2022, at the time City Council adopted Resolution RES: 22-577 (“Exhibit 1”) which was passed, approving, and issuing the Liquor Off Sale license to PZA II LLC d/b/a Vineria Cossetta; and
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 Liquor Off Sale license held by PZA II LLC d/b/a Vineria Cossetta, (License ID #20150002722) for the premises located at 211 7th Street West Suite B-100, 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 §310.01, §310.03, and §409.01.