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04-900REFEI�RED TO CouncIl File # O ` � �oO i���1�,1/�l� — � o�o� -�� Green Sheet # 3022402 RESOLUTION CI OF SAINT PAUL,IVIINNESOTA � 3�{ CObLrIITTEE: DATE 1 \ � z WHEREAS, a�erse action was initiated against the Massage Practitioner's license held s by Lisa M. Swartz, d/b/a �isa M. Swartz (License ID No. 20000000967) for the premises located 4 at 2221 Ford Parkway m Sa�int Paul alleging failure to submit proof of affiliation from a City of s 5aint Paullicense massage c`'e and failure to submit a current certificate of insurance. s . 7 a s io ai 12 13 14 is is 17 18 is zo Wf3EREAS, the licensee�did not respond to the Notice of Violation to contest the allegations and did not submit proqf of affiliation or current certificate of insurance. WHEREAS, the Notice of Vio ahon stated that if the licensee failed to provide the required proof of affiliation and current�ertificate of insurance by September 13, 2004 that the matter would be placed on the consent ag�ida to impose the recommended penalty; now therefore, be it e RESOLVED, that the Massage Practit suspended until the licensee submits proof of massage center and a current certificate of ins coverage. license held by Lisa M. Swartz is hereby on from a City of Saint Paul licensed �o the Office of LIEP showing no lapse in Adopted by Council: Date Adoption Certified by Council Secretary Byc Approved by Mayor: Date Requested by D�,�artment of: � By: � Form Approved by City �or �� � Hy: Approved yor far,Submi Sy: ��� By: py- 9oa � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LP Contact Pe n & Phone: Vrginia Paime 266-87'10 Must Be on C GO AI S, by (Date): Total # of Signature Pages _ (Clip Approval of the attached resolution susp {License ID No. 20000000967) for the pr submiu proof of affiliation &om a St. Paul Recommendatlo�s: Approve (A) or Planning Commission CIB Committee Civil Service Commission Deoartment Sent To Person Initial/Date 0 'cen s ' n/En 'ron Pr 1 i ense/I s ection/Envi on P De artm nt Dir or 2 i Att rne 3 or's ffice a odAssist nt 4 uncii 5 i Cler CiN Clerk for Signature) the Massage Practirioner license held by Lisa M. Swaztz, d/b/a Lisa M. Swartz located at 2221 Ford Pazkway in the Ciry of Saim Faul until such time as licensee �iassage center and a current certificate of insurance with no lapse in coverage. the 1. Has this person/firtn ever worked under a contract for this departmenY? s No 2. Ha this person/firm ever been a city employee? Yes No 3. Does th person/flrtn possess a skill not nortnally passessed by any current ci employee? Yes No Explain ali yes swers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � Licensee after norificarion has failed to provide necessary proof of affiliation AdvanWqes If Approved: Compliance with Saint Paul Legislative Code. DisadvantapeslfApproved: �isadvantages If Not Approved: btal Amount of Transaction: Fundinn Source: Financia{ 4nformatiorc (Explain) 'I3SEP-04 ! Green Sheet NO: 3022402 y Assign Number Fa� RouUng Order Cost/Revenue Budgeted: Activity Number: insurance required for licensure. � RBS�c�Ch f �n�A� SEP 15 2G�4 p�l - 900 OFFICE : fiE CITY ATTORIQEY Manuell. Cervnntes, CiryAtlorney CITY OF SAINT PAUI. Rondy C Kelly, Mayar September2, 2004 Lisa M. Swartz 729 Maryland Avenue St. Paul, MN 55106-2525 Civi1 Divisian a00 Ciry Hall 1 S West KeZlogg B[vd. Sain! Pau1, Minnuota SSl02 NOTICE OF VIOLATION Telephone: 657 266-8710 Fnrsimile: 651298-5619 RE: Massage Practitioner License held by Lisa M. Swartz for the premises located at 2221 Ford Pazkway in the City of Saint Paul License ID #:20000000967 Dear Ms. Swartz: The Office of License Inspections and Environmental Protection (LIEP) has recommended denial of the above-referenced license appiication. The basis for the recommendation is as follows: On May 11, 2004 you were advised that you needed to submit proof of affiliation from a City of Saint Paul licensed massage center and a current certificate of insurance. You were given until May 25, 2004 to submit the necessary information, but as of today's date, nothing has been received, nor have you indicated that you no longer wish to do business in Saint Paul. 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 Environxnental Protection at 350 Saint Peter Street, Suite 300, Saint Paul, Minnesota, 55102, no later than Monday, September 13, 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 Jud�e. At that hearing both you and the City will be able to appear and present wimesses, evidence, and cross-examine the other's witnesses. The St. Paul City Council will uitimately decide the case. AA-ADA-EEO Employer Lisa M. Swartz � � — 9 � September 2, 2004 Page 2 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 September 13, 2004, I wili assume that you are not contesting the facts and will schedule this matter for a hearing before the City Council for a consent agenda, at which time the pending application will be denied. If you have any questions, feel &ee to contact me at 266-8710. Sincerely, l/,' .�.Lcc � \� ��<, Virgin�D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LTEP AA-ADA-EEO Employer �.{- 900 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFTDAVIT OF SERVICE BY U.S. MAIL MEGHANMcGIVERN, being first duly sworn, deposes and says that on September2, 2004, she served the attached NOTICE OF VTOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Lisa M. Swartz 729 Maryland Ave. St. Paul, MN 55106-2525 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. G�!:�Fi' � I�� I�L_�.. i.re� `es , r . Subscribed and swom to before me this 2nd day of September, 2004. • ' JORNNE G. CLEA�NT9 NOTARY PUBLIC- }d�{rryE9pTA -- MYCOMMISS�ON •�+^ EXPIRES JAN. 31. 2U06