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Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge, and request of the Department of Safety and Inspections for imposition of $1,000 matrix penalty against the Liquor on sale 101-180 seats, Liquor on sale Sunday, 2AM closing, and Entertainment (B) licenses held by Kavin Choua Thao, d/b/a Pupraya Thai Restaurant at 945 Rice Street.
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WHEREAS, the Liquor on sale 101-180 seats, Liquor on sale Sunday, 2AM Closing, and Entertainment (B) licenses held by Kavin Choua Thao d/b/a Pupraya Thai Restaurant for the premises located at 945 Rice Street (“Licensed Premises”) were the subject of a Notice of Violation (“NOV”) and request for imposition of $1,000 matrix penalty by the Department of Safety and Inspections for the City of Saint Paul (“City”) on December 2, 2019, herein incorporated as Exhibit 1-1 through 1-4; and
WHEREAS, the NOV outlined the City’s basis for the recommendation for adverse action and request for imposition of $1,000 matrix penalty; and
WHEREAS, the NOV alleged that the Licensee violated license conditions and city ordinances by:
? failing to provide copies of MN Revenue monthly sales tax filings for the entire 2018 calendar year;
? providing insufficient information to verify if the establishment is operating within the definition of a “restaurant”;
? failing to provide the Department of Safety and Inspections with copies of requested video; and
WHEREAS, the NOV detailed that this was the second adverse action against the license in a twelve (12) month period, the previous violation stemming from the lapse in liquor liability coverage that was detailed in a September 25, 2018 Notice of Intent to Suspend Licenses; and
WHEREAS, under the penalty matrix in Chapter 310.05 (m) of the Legislative Code the presumptive penalty for a second violation within twelve (12) months is a fine of $1,000.00; and
WHEREAS, the Licensee responded to the NOV wit...
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