Title
Memorializing City Council action taken on March 6, 2013, sustaining adverse licensing action against all licenses held by Fa Khir, Inc., d/b/a Fa Khir at 2430 University Avenue West.
Body
WHEREAS, Fa Khir, Inc. d/b/a Fa Khir (License ID # 20090001645) located at 2430 University Avenue West in Saint Paul received a Notice of Violation dated October 11, 2012; and
WHEREAS, the Notice alleged that the licensee exceeded the occupancy limit for his establishment on July 8, 2012, in violation of St. Paul Legislative Code; and
WHEREAS, licensee denied the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a hearing was held before an Administrative Law Judge on December 4, 2012, during which the licensee had notice and opportunity to present evidence and witnesses; and
WHEREAS, the Administrative Law Judge issued a Report on January 3, 2013, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and
WHEREAS, the Administrative Law Judge found that there was sufficient proof that licensee had committed the violation alleged in the October 11, 2012, Notice; and
WHEREAS, the Administrative Law Judge recommended that the Council impose a $1,000 penalty on licensee for failing to maintain the approved capacity for his establishment; and
WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on March 6, 2013, at which time licensee would have an opportunity to present oral or written argument to the Council; and
WHEREAS, licensee did not appear at the public hearing on March 6, 2013; and
WHEREAS, at a public hearing on March 6, 2013, Council File # PH 13-8, the Council of the City of Saint Paul considered all the evidence contained in the record, presentation on behalf of the Department of Safety and Inspections, and the Administrative Law Judge's Findings of Fact, Conclusions of Law, Recommendation...
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