02-658ORIGINAL
Council File # p a — � $g'
Green Sheet # 03 "�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �a,
� �
Presented By
Referred To
Date
2 RESOLVED, that the Massage Practitioner's license (License ID No. 20010000313) held
3 by Kimberly J. Bennis, for the premises located at 165 Western Avenue North in Saint Paul, is
4 hereby suspended until the licensee (1) pays all license fees and late charges, (2) submits proof of
5 affiliation with a City of Saint Paullicensed massage center or state licensed health facility, and
6 (3) submits proof of general and professional liability insurance to the City of Saint Paul
7 licensing office. This Resolution and the action taken above are based upon the facts contained
8 in the May 16, 2002 Notice of Violation letter to the licensee. The licensee did not respond to
9 the Notice of Violation letter.
Date a
� Council Secretary
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OFFICE oF LIEP June aoo2 GREEN �HEET
Roger Curtis, Director NO . 4 0 3 3 7 2
266-9013 Oa�«�
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ul 24 2002 COriS2rit Yon �ox assisTam�r�
AL # OF SIGNATO'RE PAGES 1 (CLIP ALL LOCATIONS FOR
IGNATURE)
CTION REQUESTED: Immediate suspension of Massage Practitioner's License
eld by Kimberly J. Bennis (License ID #20010000313)for the premises
' located at 165 Western Avenue I3orth. Said suspension in effect until the
licensee 1) pays all license fees and late charges 2) submits proof of
ffiliation with a City of Saint Paul licensed massage center or state
licensed health facility, and 3) submits proof of general and
rofessional liability insurance to LIEP._
COMNtENDATIONS: APPROVE (A) OR REJECT (R) ERSONW. SBRVICB CONTAl1CTS Idf75T ANSWBR THS FOLLOWING:
' PLANNING COMMISSION _ CIVIL SERVICE 1. Has the pexson/firm ever worked under a contract for this department?
OMMISSION YES NO.
C2B CO:MIITTEE _ BUSINESS REVIEW Has this person/firm ever been a City employee?
OUNCIL � . YES NO
STAFF _ Does this person/fizm possess a skill not normally possessed by any
Current City employee?
DISTRICT COURT _ � YES NO
la3a all YSS aaswers on a seDazate sheet and attach.
� ��' SUPPORTS WHICH COUNCIL OBJECTIVE?
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
icensee, after repeated notification, failed to pay delinquent license
fees and late charges; failed to submit proof of affiliation with a City
' of Saint Paul licensed therapeutic massage center or state licensed
ealth facility; and, failed to provide proof of general and professional
4 liability insurance coverage.
, VANTAGES IF APPROVED: Compliance with Saint Paul-City policy.
ISADVANTAGES IF APPROVED:
v'
ISADVANTAGES IF NOT APPROVED;
OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES
O
UNDING SOURCE ACTIVITY NUMBER
' INANCIAL INFORMATION: (EXPLAIN)
,. �,,.
s..
JUN 2 8 2002
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OFFICE OF THE CITY ATTORNEY
ManuelJ. Cervanles, CiryAttorney
oa-�sp-
CITY OF SAINT PAUL Civil Division
Rarsdy G Ke(ly, Mayor 400 City Hall Telephone: 651 266-8710
ISWestKel[ogg8lvd. Facsimite:651298-5619
Saint Paul, Minnesom SSI01
�
TUTIe LJ, ZOOZ
NOTICE OF COUNCIL MEETING
Kimberly J. Bennis
3220 Lyndale Avenue South, Apt. 4
Minneapolis , Minnesota 55408-3651
RE: Massage Practitioner license held by Kimberly J. Bennis for the premises located at 165
Western Avenue North in Saint Paul
License #: 20010000313
Dear Ms. Bennis:
Please take notice that this matter has been set on the Consent Agenda for the Council meeting
scheduled for 3:30 p.m., Wednesday, July 24, 2002 in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolution and other documents which will be presented to
the City Council for their consideration. This is an uncontested matter, in that the facts
conceming your failure to pay license and late fees, failure to submit proof of affiliation, and
failure to provide proof of general and professional liability insurance coverages have not been
denied. As indicated, this matter has been placed on the consent agenda portion of the City
Council meeting during which no public discussion is allowed. The recommendation of the
license office is for the immediate suspension of your license.
If you have any questions, please call me at 266-8710.
V ery truly yours, --�
� �' �,�'x�
Virgania . a��
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, LIEP
UNCONTESTED LICENSE MATTER ��'
Licensee Name:
Address:
Council Date:
License Type:
Violation:
Kimberly J. Bennis d/b/a Kimberly J. Bennis
3220 Lyndale Avenue South, #4, Minneapolis MN
July 24, 2002
Massage Practitioner
1) Failure to pay license and late fees;
2) Failure to provide proof of affiliation with a
City of Saint Paul {icensed therapeutic
massage center or state licensed health
facility;
3) Failure to provide proof of general and
professional liability insurance coverage.
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
Immediate Suspension of Massage Practitioner License
Attachments:
1. Proposed resofution
2. Notice of Violation
3. License Information Report
4. 4/24/02 letter from Christine Rozek to Kimberly Bennis
5. License information
CITY OF SAINT PAUL
Randy C. Ke/ly, Mayor
May 16, 2002
OFFICr � THE CITY ATTORNEY
Manue/J. __rvantes, CiryAltarney 0����p.
O
Civil Division
400CiryNa1[ Telephone:651266-87l0
ISWestKe7loggBlvd. Facsimile:651298-5619
Snint Pa:�l, Mirtrtesota SSIO2
NOTICE OF VIOLATION
Kimberly J. Bennis
3220 Lyndale Avenue South, Apt. 4
Minneapolis , Minnesota 55408-3651
RE: Massage Practitioner license held by Kimberiy J. Bennis for the premises located at 165
Western Avenue North in Saint Paul
License #:20010000313
Dear Ms. Bennis:
The Office of License Inspections and Environmental Protection (LIEP) has
recommended adverse action against the Massage Practitioner license held by you for the
premises located at 165 Western Avenue North in Saint Paul. The basis for the recommendation
is as follows:
You were notified by letter dated Apri124, 2002 of the fact that
your Massage Practitioner's license for the City of Saint Paul
was expired as of January 11, 2002, and that if you wished to
continue to operate, you would need to pay the license fees,
together with late charges. Additionally, you were advised that
you needed to submit proof of affiliation with a City of Saint
Paul licensed therapeutic massage center or state license health
facility, and provide proof of general and professional liability
insurance coverage. As of today's date, no fees have been paid
nor has the required information about affiliation and
insurance coverage been received.
The recommendation is for the immediate suspension of your Massage Practitioner
license until all license fees and late fees have been paid in full and the required affiliation and
insurance coverage information has been provided. If you do not dispute the above facts, you
will need to pay the sum and submit the required affiliation and insurance information
immediately to the Office of License, Inspections and Environmental Protection (LIEP) to take
AA-ADA-EEO Employer
Page 2
Kimberly J. Bennis
May 16, 2002
O �,,. G 58'
care of this matter. Altematively, if you are no longer in business in the City of Saint Paul, you
will need to send a letter to LIEP and inform them of that fact. In either case, the license fees and
information, or the letter should be directed to Ms. Christine Rozek, Office of License,
Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint
Peter Street, Saint Paul, Minnesota 55102.
If you wish to dispute the facts, you are entitled to an evidentiary hearin� before an
administrative law judge. If you wish to have such a hearing, you will need to send me a letter
stating that you are contesting the facts. You will then be sent a notice of hearing with the date,
time and place for the hearing, the name of the administrative law judge, and an explanation of
the procedures.
Please let me know in writing no later than Monday, May 27, 2002, how you wish to
proceed. If you have not contacted me by Monday, May 27, 2002, I will assume that you
are not contesting the facts stated above. I will then schedule this matter for the St. Paul
City Council and have it placed on the Consent Agenda during which no public discussion
is allowed and the recommended penalty will be imposed.
If you have questions about these options, please feel free to contact me at 266-8710 to
discuss them.
Sincerely,
�� � ��--P-�
�
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
AA-ADA-EEO Employer
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STATE OF NIINNESOTA )
) ss.
COIJNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 16, 2002,
she served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an
envelope addressed as follows:
Kimberly 7. Bennis
3220 Lyndale Avenue South, Apt. 4
Minneapolis, NIN. 55408
(which is the last known address of said person) depositing the same, with posta�e prepaid, in the
United States mails at St. Paul, Minnesota. �� �,_ .
Subscribed and sworn to before me
this 16th day of May, 2002.
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CTTY OF SAINT PAUL
Randy C. Kelly,Mayor
Apri124, 2002
Kimberly 7. Bennis
3220 Lyndale Ave. S. Apt. 4
Minneapolis, MN 55408-3651
RE: License ID #20010000313
OFFICE OF LICENSE, INSPECTIONS Eu�ID
ENVIRONMENTALPROTECTION �'�. `S�
Rog� G Cwtir, Dirutar
LOiYRYPROFESSIONAL BUILDQJG Telephane: 657-266-9090
350 St Petrs Sveet, Suite 300 Faaimilz 657-266-9099
SaintPav� Minnerota 55702-IS10 65I-166-9124
On OUi l/2002 your license for a Massage Practitioner expired in the City of Saint Paul.
The fees now due are:
$ 66.00
28.00
$ 94.00
License Fee
Late Fees
Total Due
You must submit proof of affiliation from a City of Saint Paul licensed therapeutic massage
center (commercial or home locarion); or state licensed health facility (ie. physician's
= office, chiropractor's office, nursing home,....}. All centers must be located within the City
of Saint Paul.
You must also submit insurance certificate showing coverage of $1,000,000 general
liability and $1,000,000 professional liability; with the City of Saint Paul named as an
additional insured and a 30-day notice of cancellation. Insurance certificate forms must be
made out in the name that the license is in and show a policy nuxnber. The license
expirarion date will run concurrent with the insurance expiration date.
These outstanding fees and paperwork must be submitted by May 1, 2002 or this matter
will be sent to the City Attomey's Office for further action..
Please note that without a current license you are not authorized to conducY business
in the City of Saint Paul.
If you have any questions regazding this action or wish to notify this office of a change of
business location or status, please contact me at (651) 266-9108.
erely,
� �,.,
Christine A. Rozek
Deputy Director
CAR/jl
O�r�JO
Invoice
❑ Check this hox if making any name, maiiing address
or phone # corrections. Piease write the changes on
this fortn. If your business license address is changing,
please request a new business license appliwtion.
April 12, 2002
Ta: KIMBERLYJBENNIS
2519 LYNDALE AVE S APT 2
MINNEAPOLIS MN 55405-3495
HOME PHOt3E612377-9997 BU SINESS PHONE: Git-22B9327
Transacfion Description
Inv: 295775 010000313 Massage Practitioner Expires: 01/17l2002
@ 165 WESTERN AVE N
Inv: 300906 Late Fee 7-30 days late (10%)
Inv: 303804 Late Fee 31-60 days late (10%)
Inv: 306772 Late Fee 61-90 days late (10%)
Late Fee 91-120 days late (10%)
Requiremenfs
C1TY OF SAINT PAUL
Office of License, Inspedions &
Environmenfal Protection
350 St. Peter Street, Suite 300
Saint Paul, MN 55102-1510
PHONE: (651)266-9090
FAX: (65�)266-9�24
Invoice # : 309525
Invoice Due Date: Upon Receipt
Account Bafance: $94.00
Pay this Amount: g94.00
T2nsaction Total
66.00
7.�0
7.00
7.00
7.�0
Your aaount is averdue. Please maii payment today!!
Submft proof of affiliatlon from a City of Sai�t Paul I'�censed therapeutic massage center (commercial or home location); or, state Itcensed heakh
facility (ie. physician's office, chiropradofs office, nursing home,...). All centers mus2 be lopted w@hirt the City of SaiM Paul.
Su6mit insurance ce�cate showing coverage of 51,000,000 general liabilit�r and $1,W0,000 professional liability; with the City of Saint Paul named
as an additional insured and a 30-day notice of cancellation. Insurence cerhfipte fortns be made. out in the name thai the license is in and
show a policy number. The license expiratlon date will run concurrent with the insurance expiratlon date.
AA-AllA-EEO Employez
L•icense Caroup Comm2nts TeM
Licensee: KIMBERLYJ BENNIS
�BA� KIMBERLYJBENNIS
License #: 20010000313
OSl06/2002
oa- csa�
05/06/2002 No response. Fees not paid. To CAO for adverse aGion. CAR
04/24/2002 Letter sent to new address per post office. Given to OS/02I2002 to respond. CAR
04/16/2002 Delinquent letter sent. Response needed by 04/262002.JL
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