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File #: RES 16-64    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 1/13/2016
Title: Sustaining adverse licensing action against the Auto Repair Garage license held by Superior Auto Repair d/b/a Superior Auto Repair for the premises located at 1324 Arcade Street.
Sponsors: Dan Bostrom
Related files: PH 15-23
Title
Sustaining adverse licensing action against the Auto Repair Garage license held by Superior Auto Repair d/b/a Superior Auto Repair for the premises located at 1324 Arcade Street.

Body
WHEREAS, Superior Auto Repair d/b/a Superior Auto Repair (License ID #20120000708) (hereinafter “licensee”), received a Notice of Violation and Notice of Intent to Suspend License dated May 14, 2015 (hereinafter “Notice”); and

WHEREAS, the Notice alleged on April 24, 2015, a DSI Inspector came to the licensed establishment and documented numerous license condition violations; and

WHEREAS, the Notice stated that this was the third incident of violations to their license conditions in the past eighteen (18) months; therefore, the licensing office recommended a $2,000.00 matrix penalty and ten (10) day suspension of the Auto Repair Garage license; and

WHEREAS, licensee denied the allegations and requested a hearing before an Administrative Law Judge; and

WHEREAS, a Notice of Administrative Hearing was sent to all parties on June 3, 2015, scheduling the hearing before an Administrative Law Judge; and

WHEREAS, after several continuances by both parties, the administrative hearing was finally scheduled for November 5, 2015;

WHEREAS, prior the beginning of the administrative hearing the parties reached a settlement wherein the licensee stipulated to the facts of the Notice of Violation and Notice of Intent to Suspend License and agreed to pay a $1,000.00 matrix penalty and serve a five (5) day suspension of his Auto Repair Garage license; and

WHEREAS, the Administrative Law Judge issued his Report and Recommendation on November 6, 2015, concluding that “the stipulated penalty of $1,000.00 and a five-day suspension of the business operations is an appropriate licensing sanction and is well-grounded in the hearing record.”

WHEREAS, the Administrative Law Judge then recommended the City Council impose the $1,000.00 matrix penalty and five (5) da...

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