Title
Approving adverse action against all licenses held by Bram Corporation d/b/a Arcade Bar, 932 Arcade Street.
Body
WHEREAS, adverse action was taken against all licenses held by Bram Corporation d/b/a Arcade Bar (License ID #0016204) for the premises located at 932 Arcade Street in Saint Paul by Notice of Violation dated March 30, 2011, alleging that during a Tobacco Compliance Check at the licensed establishment on March 22, 2011, an inspector from the Department of Safety and Inspections found an ashtray with ashes behind the bar in in violation of Saint Paul Legislative Code § 238.03; and
WHEREAS, per Saint Paul Legislative Code § 310.05 (m) (2), the licensing office recommended a $500.00 matrix penalty; and
WHEREAS, licensee did respond to the Notice of Violation by phone to request an administrative hearing and was then instructed to send a letter to the City Attorneys Office officially requesting an administrative hearing; and
WHEREAS, licensee did not respond in writing; and
WHEREAS, in a telephone conversation with City Attorney staff inquiring about the status of the written request, licensee said they now would prefer a public hearing, and was again advised to send a letter to the City Attorneys Office; and
WHEREAS, licensee again did not respond in writing; and
WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $500.00 matrix penalty or request a hearing in writing by April 11, 2011, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that Bram Corporation d/b/a Arcade Bar is hereby ordered to pay a matrix penalty of $500.00 for allowing patrons and/or employees to smoke in the licensed establishment in violation of Saint Paul Legislative Code § 238.03. Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.