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04-661Council File # � -4 � Green Sheet # � D � � � � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 Committee: Date RESOLVED, that the massage practitioner license application by Bobbie Jo Bauer is hereby denied, based upon her failure to submit a complete application, including failure to provide insurance information and proof of affiliaUon with a licensed massage center. This Resolution is based on the Notice of Violation sent to Applicant, dated May 13, 2004, the facts set forth therein and ApplicanYs failure to respond to the Notice or contest the facts in any way. 33 Requested by Department of: Adopted by Council: Adoption Certified by Council By: �/ Approved by �= ris ` gen � '�" n itry � Bv: _MARA.�.� rr 9oIDe� ✓ � �� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Deparhnentloffice/council: Date initiated: � �p -��n�,���tio��n�t ,��,�N-� Green Sheet NO: 3018701 CoMact Person 8 Phone• �eoartment SeM To Person ini " VDate� Vrginia Palmer � 0 i ns s ectio nviron Pro L� 2 A55ign 1 " enseJSasoection/EnvironPso DeoartmeotDirector Must Be on Coune Agenda by (Date): Number 2 Hv Attornev —� V cOnI�E�A�'1— Fo� Routing 3 a or's �ce Ma orlASSistsnt Ofder 4 ouncil - 5 i Cle Cti C erk Total � of Signature Pages (Clip All �oeatio�s for SignaWre) Action Requestetl: Approval of a resolution denying the massage practitioner license application submitted by Bobbie Jo Bauer. Recommendations: Approve (A) or Reject (R): Personai Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this perso�rm ever bsen a city employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any current city employee? Yes . No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Ms. Bauer, after repeated norificarion, failed to submit a complete application, including failure to provide insurance information and proof of affiliation with a licensed massage center. Advantages If Approved: Compliance with licensure requirements and Saint Paul Legislative Code. pisadvantages If Approved: None. Disadva�es If Not Approved: � Total Amount of CostlRevenue Budgeted: Trensaction: Fundinp Source: Activitv Number. Financial Information: (Explain) �t-4�! CITY OF SAINT PAUL Randy G Kelfy, Mayor May 13, 2004 OFFICn UF THE CITY ATTORNEY ManuelJ. Cervantes, Ciry Attorney CivilDivision 400 Cirv Hall IS LVest Ke(logg B[vd. Saint P¢u(. Miimesota 55103 7elepGone: 65/ ?66-87l0 Fa<simi(e: 65( 293-56f9 NOTICE OF INTENT TO AENY LICENSE APPLICATION Bobbie Jo Bauer N6338 280th Street Menomonie, WI 54751 RE: Massage Practitioner License Application by Bobbie Jo Bauer d/b/a Bobbie Jo Bauer for the premises located at 526 Selby Avenue in the City of Saint Paul License ID #: 2Q0300Q4872 Dear Ms. Bauer: The Office of License Inspections and Environmental Protection (LIEP) has recommended denial the above-referenced license appiication. The basis for the recommendation is as follows: On March 11, 2004 you were advised that your license application was incomplete and that you still needed to submit proof of insurance, verification ot your massage center affiliation and proof of opening approval from the Environmental Health Inspector. You were given until March 19, 2004 to submit the necessary documentation to complete your application, but as of today's date, no additional information has been received. At this time you have three options on how to proceed: 1. If you do not dispute the above facts but wish to proceed with your license application, you may submit the necessary information to the Office of License, Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300, Saint Paul, Minnesota, 55102, no later than May 24, 2004. Information should be directed to the attention of Christine Rozek. 2. If you do dispute the above facts, you can request a contested hearing, which will be scheduled before an Administrative Law Judge. At that hearing both you and the City AA-ADA-EEO Employer will be able to aF r and present witnesses, evidence, an �ss-examine the other's �� -��• witnesses. The St. Paul City Council will ultimately decide the case. 3. If you wish to withdraw your license application you may do so. Any request for a refund of the license application fee must be made in writing to the Office of LIEP. If you have not contacted me by May 24, 2004, I wili assume that you are not contesting the facts and will schedule this matter for a hearin� before the City Council for a consent a�enda, at which time the pending application will be denied. If you have any ques[ions, feel free to contact me at 266-8710. Sincerely, `(�" ' ,,� � U �-�-�--n<, Virgini�. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Empioyer o�-`�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COLTNTY OF RAMSEY ) MEGHAN McGIVERN, being first duly sworn, deposes and says that on May 13, 2004, she served the attached NOTICE OF INTENT TQ DENY LICENSE APPLICATION by placing a true and correct copy thereof in an envelopes addressed as follows: Bobbie Jo Bauer N6338 280�' Street Menomonie, 4VI 54751 (which is the last known address of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �%k. /.� r�.�1.�.� �, � . � . Subscribed and swom to before me :. �...,...,,..�,s..H,._�.... _ _ -_�� � �y�+ u 9�w..�tr�E 3. CLEMeN?S �`F �. I v ;O • ���'j. Fd'"COa�NiSSION EXPiReS.i�N 37,2005 �--�m- r�•ca-.a�- this 13th day of May, 2004. py. t�41 CITY OF SAINT PAUL Randy C. Kef(y, Ma}'or May 13, 2004 OFFICn UF THE CTTY ATTOIL�IEY Mattuei l. Cervantes, Ciry Artorney Civi! Divisinn 400 Cirv Hal( 15 West Kellogg B[vd. Saint Pau{ Miimesat¢ 55102 Te(ephone: 65I 266-8�10 Facsimile: 65/ 293-56J9 NOTICE OF INTENT TO DENY LICENSE APPLICATION Bobbie 3o Bauer N6338 28Qth Street IvTenomonie, WI54751 RE: Massage Practitioner License Application by Bobbie Jo Bauer d/b/a Bobbie Jo Bauer for the premises located at 526 Selby Avenue in the City of Saint Paui License ID #: 20030004872 Dear Ms. Bauer: The Office of License Inspections and Environmental Protection (LIEP) has recommended denial the above-referenced license application. The basis for the recommendation is as follows: On March il, 2004 you were advised that your license application was incomplete and that you still needed to submit proof of insurance, verification of your massage center affiliation and proof of opening aQproval from the Environmental Health Inspector. You were given until March 19, 2004 to submit the necessary documentation to complete your application, but as of today's date, no additional information has been received. At this time you have three options on how to proceed: If you do not dispute the above facts but wish to proceed with your license application, you may submit the necessary information to the Office of License, Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300, Saint Paul,lvlinnesota, 55102, no later than May 24, 2004. Information should be directed to the attention of Christine Rozek. 2. If you do dispute the above facts, you can request a contested hearin�, which will be scheduled before an Administracive Law Judae. At that hearin� both you and the City AA-ADA-EEO Employer ` O�t-1�41 will be able to aF r and present witnesses, evidence, an �ss-examine the other s witnesses. The St. Paul City Council will ultimately decide the case_ 3. If you wish to withdraw your license application you may do so. Any request for a refund of the license appiication fee must be made in writing to the Office of LIEP. If you have not contacted me by May 24, 2004, I will assume that you are not contesting the facts and wilt schedule this matter for a hearing before the City Council for a consent a�enda, at which time the pending application wili be denied. If you have any questions, feel free to contact me at 266-8710. Sincerely, �� � � �.�-�-�, Virginia�. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer ��-441 STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) MEGHAN McGNERN, being first duly sworn, deposes and says that on May 13, 2004, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION by placing a true and conect copy thereof in an envelopes addressed as follows: Bobbie Jo Bauer N6338 280"' Street Menomonie, WI 54751 (which is the last known address of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �A,li_/..E ���ll..� ��� .i � � Subscribed and sworn to before me . ; 5 . 1'w 4�t-dwd+�eS��-..3...M.6^- ^ • +�. Rs.�<^ Y \b .�Jal,'��A� V. ri�.E:vrc.1vT..5 S. R �� �v �, noia:zv���auc-uwn��soTa ��.r.• �r.vcoaaNiss�e+� r...+' EXPfREG.iAN 37.2� ��r^a-..�..-�•..-.e.aw..-�.o�. this 13th day of May, 2004.