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08-1199Council File # ��' �� q� Green Sheet # ��(, 8 i Presented by RESOLUTION SAINT PAUL, MINNESOTA � 1 WHEREAS, adverse action was initiated against the Massage Practirioner license application 2 submitted by Allison M. Sparks (License ID #200 7003 03 7) for the premises located at 2265 Como Avenue 3 Ste. #202 in Saint Paul by Nofice of Intent to Deny License dated August 25, 2008, alleging licensee failed 4 to submit current insurance information, proof of �liation and current certification in to order to 5 complete the applicarion process; and 6 7 WHEREAS, licensee did not respond to the Norice of Intent to Deny License to contest the 8 allegation or submit the required application information; and 9 10 WIIEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the 11 allegation or submit the required application information by September 5, 2008, that the matter would be 12 placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Massage Practitioner license application submitted by Allison M. Sparks is 15 hereby denied. 16 17 18 19 20 Requested by Department of: 1� a 1 Adoption Certified by Co il Secretary By: —� Approved by y: ate j� /� (� � i By: BY: T f � �� Fo proved by City Attomey By: a�,,.Q. T�;b„� Form Approved by Mayor for Submission to Council BY� �� !! S��i✓ / �—��o ��p Adopted by Council: Date ���/JS�j/� � Green Sheet Green Sfieet Green Sheet Green Sheet Green Sheet Green Sheet �0 IIG1G1� �V. �� < � DepartmenNbffice/Council: Date Initiated: S� _DeptofSafety8lnspections 10.0CT-08 Green Sheet NO: 3060681 I CatNact Person 8 Phone: Department Se�rt To Person InitiaVDafe Rachel TiemeY y o ept of Safetv & Inspections [--- --- i � 266$710 4 1� ent oiSaferi & InsDeclions I Deoar�meut Direr.tor ' ' Assign � � i Must Be on Counci Agenda by (DaYe : Aymber Z `� ��—� � 05-NOVA8 n n o} 3 or•sOffice Msvor/ASSistant � �(� d uting 4 omcil I ------ � i Doc. Type: RESOLUTION Order 5 'tv C1erk I I G1ty Clerk i � EAocument Required: Y � l DocumentConWct: �uGeKraus i ConWM Phone: 26&8776 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approvai of the attached resolurion to take adverse acrion against the Massage Practirioner license application submitted by Allison M. Spazks (License ID#2007003037) for the premises located at 2265 Como Avenue, Ste. #202 in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service CoMracts Must Answer the Following Questions: 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 perso�rtn ever been a ciry employee? Yes No 3. Does ihis persoNfirm possess a skill not normally possessed by any current ciry employee? Yes No Enpfain afi yes answers on separate sheet and attach to green sheek Initfating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit current insurance informa6on, proof of affiliation and current certificarion in order to complete the application process. After notificarion, licensee did not respond to the Notice of Intent to Deny License. AdvantageslfApproved: License denial. DisadvanWges If Approved: Disadva�tages If Not Approved: Total Amount of Transaction: CosflRevenue Budgeted: Funding Source: Activity Number. Financial Information: (Explain) October'10, 20081:09 PM Page 1 � OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey nY' 1/ ll SAIHS PAUL � AAAA CITY OF SAWT PAUL Christopher8. Coleman, Mayor Civil Division 400CityHall Telephone: 651 266-8710 �5 West Ke1logg 8lvd. Facsimile: 659 298-5619 Saint Paul, Mrnnesota 55102 August 25, 2008 NOTICE OF INTENT TO DENY LICENSE Allison M. Sparks c/o Hoily House 2265 Como Avenue, #202 St. Paul, NIN 55108 RE: Massage Practitioner license application submitted Allison M. Spazks for the premises located at 2265 Como Avenue, Ste. 202 in Saint Paul License ID #2007003037 Deaz Ms. Sparks: The Department of Safety and Inspections (DSn has recommended denial of the Massage Practitioner license application submitted by Allison M. Sparks for the premises located at 2265 Como Avenue #202 in Saint Paul. The basis for the recommendation is as follows: On Apri129, 2008, you were sent a letter from the Department of Safety and Inspections (DSn stating that your license application had been pending since July 13, 2007, and it would not be approved until the following information was submitted: 1) a current certificate of General and Professional liability insurance; 2) proof of affiliation from a City of Saint Paul licensed massage center or state licensed health facility and 3) a current certification in Therapeutic Massage and Bodywork or successful completion of written and practical examivations from the City of Saint Paul authorized egaminer. You were given until May 16, 2008 to submit the information or request a withdrawal of your license application. As of today's date, neither has been received. AA-ADA-EEO Employer Allison M. Sparks August 25, 2008 Page 2 At this time you have three options on how to proceed: 68�1( You can submit the requested information. If this is your choice, please send it to the Departinent of Safery and Inspections (DSn at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101- 1002 no later than Friday, September 5, 2008. Informarion should be directed to the attention of Christine Rozek. Submission of the requested information will be considered to be a waiver of the hearing to which you are entitled. 2. If you wish admit the facts but contest the denial, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Friday, September 5, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to deny your license. You will have an opporiwuty to appeaz before the Council and make a statement on your own behalf. You may withdraw your license application. Send a written statement to that effect to the Department of Safety and Inspections, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, September 5, 2008. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to the Department of Safety and Inspections. If you have not contacted me by that date, I will assume that you do not contest the denial of your license. In that case, the matter will be placed on the Council's Consent Agenda for approval of the denial. If you have any questions, feel free to call me at (651) 266-8710. Sincerely, ' \ ac,�,Q 1 �� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Allison M. Sparks, 1400 2" Street South #B402, Minneapolis, MN 55454 Allison M. Sparks, c/o Holly House 2324 University Avenue West, Saint Paul, MN SSll4-1843 AA-ADA-EEO Employer STATE OF MINNESOT " � ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SE�.IICE BY U.S. MAIL oK�11 Julie Kraus, being first duly swom, deposes and says that on the 25�' day of August, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Allison M. Spazks c/o Holly House 2265 Como Avenue, #202 St. Paul, MN 55108 Allison M. Spazks 1400 2 Street South #B402 Minneapolis, MN 55454 Allison M. Sparks c/o Holly House 2324 University Avenue West Saint Paul, MN 55 1 14-1 843 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � Julie Kraus Subscribed and sworn to before me this 25�' day August, 2008 ,� 9 tary Pub ic �,�.. ..�.. RITA M. BOSSARD � NOTARYPUBLIC-MINPlESOTA � MYCOMMISSION y c .0 �� EXPIRESJAN.39,201 G ° %... �..�� �..-�. _ ..-,..�-�._