05-286RESOLUTION
CITY OF
Presented By
Referred To
Committee: Date
1 WHEREAS, adverse action was initiated against the Tattoo Patlor License held by
2 3ennifer E. Cobb, dibla Planet Ink for the premises located at 1499 University Avenue West by
3 ihe Office of License, Inspections and Environmental Protection by Notice of Violation dated
4 September 29, 2004 alleging tattooing of a minor and unsanitary conditions on the premises; and
6 WHEREAS, a hearing was held before an Administrative Law Judge on
7 November 16, 2�04, and a Report was issued on December 1�, 20�4, in which the
8 Administrative Law 7udge found that there was insufficient proof of the tattooing of the minor,
9 but that there was sufficient proof of the violations of the health and safety requirements; and
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WHEREAS, the AL.J recommended that the penalty by fined in an amount of $600,
despite the Office of LIEP's recommendation of a penalty of $1,000; and
m
WHEREA5, the Office of LTEP continued to urge that the $1,000 penalty was appropriate
due to the serious nature of the unsanitary conditions, and did not appor[ion the fine between the
twa alleged violations; now, therefoxe, be it
RESOLVED, that the Findings of Fact and Conclusions of I,aw of the Administrative
Law Judae are adopted, except as amended herein;
Conclusion # 6 is amended to read as follows:
6. The Eitq Office of LIEP proposed a fine of $1,000 against Planet Ink far failure to
operate its premises in a safe, sanitary manner and for allowing a minor to obtain two
tattoos on its premises.
,
� , . LIEP did
not apportion its fine recommendation amone the two allep_ed violations and ureed at the
conclusion of the hearine that the fine of $1.000 was still approvriate eiven the severitv of
the health and safetv violations.
Conclusion # 7 is amended to read as follows
A fine of $6A@ 1 000 is appropriate for the violations of health and safety regulations
committed by Planet Ink, as shown in the dirty, unsanitary conditions existing on the
premises between February and May of 2004.
FURTHER RESOLVED, that the Recommendations of the Administrative Law Judge are
adopted with the exception of Paragraph 3, relating to the appropriate amount of the fine, and the
CouncIl File # �� d y �
Ctteen Sheet # �� � i� 1
PAUL, MINNESOTA
1 Memorandum of the Administrative Law Judge is not adopted as the reasoning of the Council; VJ�g�
2 and
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FINALI.Y RFSOLVED, that Jennifer E. Cobb, d/b/a Planet Ink, is hereby ordered to pay
a fine of $1,000 for the violation of unsanitary condirions on the premises. Said fine shall be
payable to the Office of License, Inspections and Environmental Protectian within thirty days of
the passage of this Resolution.
A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative L,aw
Judge and to the license holder.
� Green SheeY Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
fYt 1�
Departmentl�ce/council: Date Initiafed: v � °�— -
LP — Lacense/Inspe.ction/EmironPmt - A4MAR-05 Green Sheet NO: 3025734
Contact Person 8 Phone: DeoartmeM Sent To Person Initial/Date
�rginia Palmer � 0 i n n ecN n' n ro
266-8��� ASSign t icense/Ins ion/EnvironPro De artmentD'rec[or
Must Be on Council Agenda by (Date): Number 2 ; A rne
For
RoUting 3 a or•s Ofiice a odAssi nt
OrdBf 4 u ci
5 i Clerk Citv Clerk
Total # of Signature Pages _(Clip All �ocations for Signature)
Action Requested:
Approval of the attached resolu6on memorializing adverse action taken against the Tattoo Pazlor License held by Jennifer E. Cobb,
d/b/a Pianet Ink (License ID#199990003186) for the premises located at 1499 Universiry Avenue West in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following 4uestions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces fhis person/firm possess a skill not normally possessed by any
curtent city empioyee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wby): ,
A Public Hearing was heid to discuss the Administrauve Law Judge's Findings of Fact, Conclusions of Law and Recoznmendations
from an Admivistrative Hearing held on Noeember 16, 2004.
AdvantageslfApproved:
Memorialize adverse acrion taken as a result of the Adminisffative Law Judge's Findings of Fact, Conclusions of Law and
Recommendations.
DisadvantapeslfApproved:
None
DisadvanWges If Not Approved:
Total Amount of CosURevenue Budgeted: ���' x� ��$'-���� �����
Transaction:
Funding Source: Activitv Number: g �� p cp rypp
i'rtilE (r 1 Lily�
Financial Information: �
(Explain)
SA[NS
PAUL
�
AAAA
CITY OF SAINT PAUL
Rnndy C. Kelly, Mayor
January 5, 2005
OFFTCE OF THE CITY ATTORNEY ."��_ �G �
MnnuetJ.Cervantu,CiryAttorney � �
CtYtI DtVLS10II
400C+ryHa1f 7elephone:651266-87l0
ISWes�KellaggBlvd. Facsimile:651298-5619
Saint Paul, Minnerotn 55102
NOTICE OF COUNCIL HEARING
Ms. Jennifer Cobb
1499 University Avenue West
St. Paul, NIN 55104
RE: In the Matter of the Tattoo Parlor License held by Jennifer E. Cobb., d16/a Planet Ink far the
premises located at 1499 University Avenue West in Saint Paul
OAH Docket No. 7-6020-16228-3
Dear Ms. Cobb:
Please take notice that a hearing on the report of the Administrative Law Judge conceming the
above-mentioned application has been scheduled for 5:30 p.m., Wednesday, January 19, 2005, in the
City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse.
You have the opportunity to file exceptions to the report with the City Clerk at any time dwing
normal business hours. You may also present oral or written argument to the council at the Hearing. No
new evidence will be received or testimony taken at this hearing. The Council will base its decision on
the record of the proceedings before the Administrative Law Judge and on the arguments made and
exceptions filed, but may depart from the recommendations of such 3udge as permitted by law in the
exercise of its judgement and discretion.
Sincerely, �
% > K,c�� �cz�.u.-�
Virginia D. Palmer
Assistant City Attorney
cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Minneapolis, MN 55401
Mary Erickson, Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Jun-Li Wang, Communiry Organizer, Hamline Midway Coalition,
St. Paul, MN 55104-1832
Jennifer E. Cobb, 1767 Thomas Avenue, St. Paul, MN 55104
Jo Ann Hardy, 668 North Lexington Parkway, St. Paul, MN 55104
1564 Lafond Avenue
��,�:� ea�,��,arch Ce�er
# { Fk
AA-ADA-£EO Employer
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapo(is, Minnesota55401-2138
TELEPHONE:(612)341-7600
TTY: (612) 34b7346
December 10, 2004
Don Luna, City Clerk
170 City Hail
15 West Kellogg Boulevard
St. Paul, MN 55102
�����;',� ��
DEG 1 � %U�:�
�� � a� �����'�?�
Re: In the Matter of the Tattoo Parlor License of Jennifer E. Cobb, d/b(a
Planet Ink; OAH Docket No. 7-6020-16228-3
Dear Mr. Luna:
a5• �:$l�
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS in the
above-entitled matter. Also enclosed is the official record, with the exception of the tape
recording of the hearing. The hearing tapes in this matter are being copied and sent to
you at a iater date. Our file in this matter is now being ciosed.
Very truly yours,
Y"" � � •
RICHARD C. LUIS
Administrative Law Judge
RCL:mo
Encl.
cc: iV i�i9" .
Jennifer E. Cobb
Telephone: (612) 349-2542
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlemeni Division
Facsimiie: (612) 3A9-2665 Facsimife: (612) 349-2691 Facsimile: (652) 349-2634
a5 �gl�
7-6020-16228-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE ST. PAUL CiTY COUNCIL
In the Matter of the Tattoo Parlor License
of Jennifer E. Cobb, d/b/a Planet Ink.
FINDINGS OF FAGT,
CONCLUSIONS AND
RECOMMENDATIONS
This matter came on for hearing on November 16, 2004 before Administrative
Law Judge (ALJ) Richard C. l.uis in Room 41, St. Paul City Hall. Virginia D. Palmer,
Assistant City Attorney, 400 City Hall, 15 Kellogg Boulevard, St. Paul, MN 55102,
represented the Office of License Inspections and Environmental Protection of the City
of St. Paul ("City", "LIEP"). Jennifer E. Cobb (a.k.a Jenny Johnson), d/b!a Planet Ink,
1499 University Avenue West, St. Paul, MN 55104, represented herself ("Licensee",
"RespondenY'). She was assisted by her daughter, who is also named Jenny Johnson.
The record closed at the conclusion of the hearing on November 16, 2004.
NOTICE
This report is a recommendation, not a final decision. The St. Paul City Counci�
will make the final decision after a review of the record. The Council may adopt, reject
or modify the Findings of Fact, Conclusions, and Recommendations herein. Under ;
310.05(c-1) of the St. Paul Legislative Code, the Council will provide the parties an
opportunity to present oral or wr+tten argument before it takes final action. The parties
should contact Don Luna, St. Paul City Clerk, 170 City Hall, 15 West Kellogg Boulevard,
St. Paul, MN 55102, (651) 266-8688 for information regarding the presentation of
argument to the Council.
ISSUES
Shou{d disciplinary action be taken against the Tattoo Parlor License heid by
Jennifer E. Cobb, d/b/a Planet Ink, for placing tattoos on an under-aged giri and for
failing to comply with appiicable heaith and safety requirements?; and
What is the appropriate level of discipline?
The Administrative Law Judge recommends that the Licensee be disciplined only
for violation of health and safety requirements, in the amount of $600.
Based on ail the proceedings herein, the Administrative Law Judge makes the
foilowing:
� p5-a�t�
FINDINGS OF FACT
1. Shortly before February of 2004 {in December 2003 and/or January 2004),
C.H., a high schooi sfudent in St. Paul, had two tattoos piaced on orjust under her skin.
One is a large tattoo depicting a musical note, and is located on the upper area of one
of her shoulders. i"he second, smailer tattoo is a star, located behind ona of her ears.
C.H. was born on January 18, 1987, so she was eifher 16 or 17 years old when the
tattoos were created.
2. In February, 2004, C.H. was modeling a new dress for her mother, J.H.
J.H. asked C.H. to turn around in the dress and C.H. declined. After the mother insisted
and the daughter complied, d.H. discovered her daughter's tattoos. J.H. had forbidden
her daughter from being tattooed, and both mother and daughter knew it was iliegal in
St. Paui to administer a tattoo to anyone under age 18.�
3. J.H. asked her daughfer where she received the tattoos, and C.H.
responded that it was "at Planet lnk across University Avenue from the Perkins
Restaurant". C.H. told her mother that she and a friend went into the place and the man
did not ask for identification but let each of them "vouch for each other" about their
ages.
4. J.H. was upset that her daughter was abie to get a tattoo illegaliy, and
contacted the St. Paui Office of License Inspections and Environmentaf Protection
(LIEP) to make her concerns known. Sometime in March, 2004, she visited Planet Ink's
establishment at 1499 University Avenue. She asked no specific questions about her
daughter's allegations, but learned only that the establishmenYs personnel were aware
that one had to be 18 years old to receive a tattoo. During her short visit, J.H. noticed
that the premises had a"funky smell" to the point that it "stunk real bad" and was
„ aPPallingly dirty a
5. C.H. requested subsequently that a health inspection be perFormed at
Planet Ink, based on her observations. During the late afternoon of March 12, 2004,
Barbara McMonigal-St. Dennis, an inspector with LIEP's Environmental Health Division,
spent nearly 90 minutes inspecting Planet Ink's premises, and found many ifems of
health and safety concern 5 The inspecior found that J.H.'s complaint about a dirty,
unciean tattoo shop was valid. She observed soiled, unsanitary areas throughout the
premises. Following the inspection, McMonigal-St. Dennis discussed the situation with
the owner, Jennifer Cobb, who shut the business down voluntarily to pursue the
"massive cleaning and sanitizing" needed to put the premises in order.
6. Among the deficiencies observed by McMonigal-St. Dennis on March 12,
2004 were:
' See St. Paul Legislative Code, § 367.05.
Z Testimony of J.H. C.H. did not testify.
3 Testimony of J.H.
° Ex. 6, �etter from J.H. to Chsistine Rozek, Deputy Director of LIEP, 3l18/04.
5 Ex. 7, Emergency Inspection Report, 3/12/04.
6 Ex. 3, Memo from McMonigal-St. Dennis to Christine Rozek.
2
05-�Y>�e
ta)
(b)
(c)
(d)
(e)
�fl
A large "Buzz Lighiyea�' toy on the counter used for breaking down
tattoo equipment. The counter should be kept c{ear;
Soiled floors;
Inadequate or no sanitizer solufion fo clean the area;
Damaged vinyi flooring (an unapproved surface);
Improperly stored tattooing needles;
Improper use of the "autoclave" device used to sterilize tattooing
equipment;
(g) Dirty garbage and refuse storage area, facility dirtied in general by
cigarette bufts, burn marks, seeds and debris from a bird cage,
personal care items strewn about, dirt and debris throughouf much of
the premises;
��;
��)
�)
Improper wall surface (bare, unsealed wood);
Inadequate, incomplete records of customer contacts; and
Cigarette butts found in a work area (evidence of smoking in a
prohibited location).'
7. Ms. McMonigal-St. Dennis re-inspected the Planet ink facility on March 16,
2004 and authorized it to re-open because substantial progress had been made to
clean up the premises. The City has not shut down Planet Ink since then, but the
establishment has closed down voluntariiy fior remodeiing at certain times.
8. On April 15, 2004, City License Inspector Richard Jents met with Planet
ink's owner to review its customer records. No records, including the consent forms for
December 2003 and January 2004, revealed the name of G.N. Jents's review
corroborated J.H.'s statement that her daughter was nof asked to fill out a consent form
or other paperwork at Planet Ink, but failed to establish that C.H. was ever there at all.
9. A follow-up inspection by McMonigal-St. Dennis on May 17, 2004 was
incomplete. The estabiishment was closed for remodeling of the floors and counter
areas. Also on May 17, Jennifer Cobb (owner of Planet Ink) provided the inspector with
a"Daily Duties" sheet stating Pianet Ink's policy for consent forms, cleaning counter
areas, breaking down of tattooing equipment, trash removal and floor maintenance.
10. On June 28 and 30, 2004, a flooring installation contractor by Planet lnk
presented plans at the LIEP Office for replacing the floor at Planet Ink with conforming
material.
11. Ms. McMonigal-St. Dennis returned for a foliow-up visit to Planet Ink on
October 26, 2004. She was escorted around the sho� by Jennifer Cobb. By then, the
Licensee had spent $5,000 to renovate the premises. She inspector found that Studio
� Ex. 7, Emergency Inspection Report, 3/12/04; and Ex. 4, Inspection Report, 5/17/04.
8 Testimony of Jennifer Cobb.
3
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1 was locked from the inside and couid not be accessed (the tattoo artist would ciimb in
to open it, and he was absent). Taftoo Sfudio 2 had been remodeled, with a new
counter and flooring maferial. The business's record-keeping was better, but still
deficient. The picture IDs of customers were copied on the back of their release forms,
but some of the release forms were missing dates, some were unsigned by the
customers, and none of them recorded fhe name of the tattoo artist who worked on the
customer(s) identified.
12. C.H. told her mother either that the tattooist who worked on her was a light-
skinned African-American mafe or a Latino ma1e. Planet Ink has never employed or
used an African-American tattoo artist. It has employed two Latino tattoo artists, both of
whom were hired on or after April, 2004.
13. The tattoo artists at Planet Ink are independent contractors. They charge
so much for each job and give back one-ihird of the fee to Planei Ink. Thaf is how
Planet Ink is compensated for the use of the space. Neither Jennifer Cobb nor Jenny
Johnson are tattoo artists. During the time when C.H. received her tattoos, there were
two tattoo artists on Planet Ink's premises. The artist who used Studio 1 was a
Caucasian male in his forties. The other was a Caucasian male in his twenties. The
40-something ma(e was barred subsequentfy from working at Planet Ink because he did
not report (register) all the customers he serviced. On those not registered, the artist
kept the entire fee and did not compensate Planet ink as required by his contract.
Based on all the proceedings herein, the Administrative Law Judge makes the
foilowing:
CONCLUSIONS
1. The Administrative Law Judge and the City Council have jurisdiction in this
matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the City's Legislative Code.
2. The City has given proper notice of the hearing in this matter and has
fuifilled ali relevant, substantive and procedural requirements of law or rule.
3. Any of the foregoing Findings more properly considered Conc{usions are
adopted as such.
4. The City has established by a preponderance of the evidence that Planet
Ink violated St. Paul Legisiative Code § 310.06(b)(7) by maintaining dirty and unsanitary
conditions at its premises located at 1499 University Avenue West in St. Paul. The
Licensee does not contest the City's ailegations in this regard.
5. The City has not proven that C.H., a minor born January 17, 1987,
received tattoos at Planet Ink in late 2003 or early 2004.
6. The City proposed a fine of $1,000 against Planet Ink for failure to operate
its premises in a safe, sanitary manner and for allowing a minor to obtain two tattoos at
its establishment. Since the City has not proven that Pianet Ink allowed a minor to
obtain tattoos on its premises, it is appropriate to reduce the total penaity ($1,000 fine)
proposed by the OfFice of Licensing, Inspections and Environmental Protection.
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7. A fiine of $600 is appropriate for the violations of health and safiety
reguiations commifted by Pianet 1nk, as shown in the dirty, unsanitary conditions
existing on the premises between February and May of 2604.
Based on the conciusions above, the Adminisfrative Law Judge makes the
following:
RECOMMENDATIONS
IT IS RECOMMENDED that the St. Paul City Cou�cil DISMISS the allegation
that Planet Ink administered tattoos to a minor without checking her identificafion in
December 2003 or January 2004;
I7 IS RECOMMEfVDED FllRTHER that the Council AFFiRM the �indings of the
O�ce of Licensing, Inspections and Environmental Protection that unsanitary conditions
in violation of health and safety regulations existed on the premises of Fianet Ink;
IT IS RECOMMENDED FURTNER that the fine proposed by the City's O�ce of
Licensing, Inspections and Environmental Protection be reduced from $1,000 to $600;
and
IT IS REGOMMENDED FURTHER that the continued operation of Planet Ink be
contingent on future compliance with all applicable rules and regulations and on
compliance with an agreement to require customers to present picture identification to
establish their age, to record the dates tattoos are administered, the customer's name
and signature, the name of the tattoo artist in each instance and a copy of the
customer's picture identification.
-�'�►
Dated this �d — day of December, 2004. �
. .
RICHAR C. LUIS
Administrative Law Judge
Reported: Taped
MEMORANDUM
P(anet !nk had no defense to the filthy, unsanitary conditions of its premises
recorded in the inspection repo�ts and reca(led by the L(EP office's inspector in
testimony at the hearing. Those ailegations are uncontested. As noted in Ms. Cobb's
appeal letter of October 7, she disputes only the charge that Pianet Ink has placed
tattoos on minors. Her deniai at the hearing that such a practice has ever been done at
Planet Ink, and her denial that P�anet Ink has ever engaged the services of an African-
American tattoo artist and assertion that no Latino artists were hired until after the
incident(s) alieged, were convincing. Planet Ink has institufed a practice to require
picture identification of ail customers, and to attach a copy of the customer's driver's
license or other identification to the release forms it requires each customer to sign. Ms.
Cobb also has terminated the services of the tattoo artist who had been cheating Planet
lnk by not recording all the work he performed. lt is the City's burden to prove by the
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greater weight of the evidence that C.H. received her faftoos ai Planet Ink. That burden
has not been met. The only evidence pointing to Planet Ink as the site where C.Fi. was
taftooed is her mothe�'s statement that C.H. told her so. That evidence is hearsay, and
it is the Adminisfrative Law Judge's opinion fhat it is not sufficiently reliable in this case
to oufweigh fhe evidence that the tattooing did nof occur at Planet Ink. The City's case
is weakened more by the convincing rebuttal by Planet Ink to the hearsay allegation that
G.H. told her mother that fhe tatEoo artist was African-American or Latino.
The Judge is troubled by the fact that C.H, herself has offered no evidence,
written or testimoniai, that her tattoos were administered at Planet Ink. Counsel for the
City argues that C.H. had no reason to lie to her mother about where she got the
tattoos. The ALJ is not convinced. He believes it is natural for a minor to be deceitful
about the circumstances surrounding a forbidden, illegal action that she has tried to
keep secret. It is also naturaf not to want to return to the true "scene of the crime," and
to try to 1ay the blame on a different tattoo shop, especialfy if she lied about her age in
order to get the tattoos. It is also normai not to accompany one's parent to the place
you accused falsely of creating your tattoos. Counsel for LIEP argues that a giri
wanting to conceal where she got the tattoos would not have thought about claiming a
specific alternative site like Planet Ink, an argument with which the judge disagrees.
"Planet Ink" is a catchy, clever name for a tattoo parlor, and the location on University
Avenue is central and convenient, C.H. well could have known of its existence and
purpose, and thought of it as a place to blame. These speculations are immaterial --
what matters most is that the a!legaf+on is pure hearsay and should be discounted
accordingly.
The Judge recommends a reduction in the proposed fine, from $1,000 to $600,
for the unsanitary conditions found and not contested. Counse! for LIEP suggests the
conditions at Planet 1nk were so awful, as reflecfed in the record, to merit a$1,000 fine
standing afone. The ALJ cannot agree. No specific evidence exists to suggest how
much of the $1,000 proposed fiine is attributable to the charge of illegaliy tattooing
minors and/or not checking customers for proof of age, but common sense dictates that
it was worth a portion of the $1,000 total fine. Also noted is that the Licensee already
spent $5,000 on renovations. The Administrative Law Judge arrived at a final
recommended figure of $600 for the heaith and safety violations because they were
serious and continued over some time.
The recommendation for requiring presentation of a picture identification and
compliance with other record-keeping procedures is that of Christine Rozek, the LIEP's
Deputy Director in charge of environmental health licensing. The ALJ agrees with her
recommendation because, even as late as October, 2004, seven or eight months after
deficiencies were uncovered at Pianet Ink, the shop stil! was not following such basic
bookkeeping procedures.
R.C.L.
9 J.H. iestified aiso about the repuYation of Planet ink, based on what her daughters friends told the
daughter, which the daughter then told to the witness. This multi-layered hearsay was discounted
completefy by the Judge in weighing the evidence presented by the C+ty.
0