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08-1200Council File # �t`�'��'� GreenSheet# 3��,�N43 Presented by ' RESOLUTION ' TY F AtNT PAUL, MINNESOTA '„ � �' �� 1 WHEREAS, adverse action was initiated against the Massage Pracfitioner license held by R achel L. 2 Tokarz (License ID#20070004393) for the premises located at 640 Jackson Street in Saint Paul by Notice 3 of Intent to Suspend License dated September 16, 2008, alleging licensee failed to submit a current 4 certificate of General and Professionalliability insurance, proof of affiliation and pay delinquent license 5 and late fees in the amount of $114.00; and 7 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 8 allegation or submit the required information and pay the delinquent license and late fees; and 9 10 11 12 13 14 15 16 17 18 19 20 WIIEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the allegation or submit the required informafion and pay the delinquent license and late fees by September 26, 2008, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Massage Practitioner license held by Rachel L. Tokarz is hereby suspended. Requested by Deparhnent of. � ��.�.-. By: �.�.,.� � � Form A proved by City Attorney BY� S`c (�l v���,�,dM IQ- J Adoption Certified by Coun il Secretary By ' � — Approv y ay � Date �� / `g By: � Form Appcoved 6y Mayor for Su6mission to Council BY� �� t� � 1��rn-�.�� /d �l� ,��� Adopted by Council: Date ���jf�Jjf{� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n P ,1 ��Y7�� i �ePartmenUOfficelCouncii: Date Initlated: �/ V v v v S� _Dept.ofSafety&Inspections ,��,. i Gr S heet NO: 3 i Contact Person 8 Phone: � DenacUnent SentTO Person InitiaUDate i I Rachel Tiemey o c ossaf & ms �ions y � -- --_,� 266-8710 1 DeatofSafetv&Insoections DeoartmentDirector I i I Assign 2 _"tyAttorner I�� / � y Must Be on Council Agenda by (Date): Number 3 a or's Office Mavor/ASSistant � �< fo I I 05 �� For Routing 4 oanN I I Doa Type: RESOLUTION Order 5 " C7erk Gtitv Cterk i i E-Oocument Required: Y � � Document ConWct: JuGe Kraus I Contact Phone: 266-8776 Total # of Signature Pages _(Clip All Lowtions for S'ignaWre) Action Requested: Approval of the attached resolurion to take adverse action against the Massage Pracrifioner license held by Rachel L. Tokarz (License ID#20070004393) fot the premises located at 640 Jackson St�eet in Saint Paul. Recommendations: Approve (A) or Reject (R): personal Service Confracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contred for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit a current certificate of General and Professional liabiliry insurance, proof of affiliation and pay delinquent license and late fees in the amount of $114.00. Aftet notification, licensee did not respond to the Notice of Intent to Suspend License. AdvantageslfApproved: License suspension. Disadvantages lf Approved: Disadvantages If Not Approved: ToWI Amount of Trensaction: CostlRevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) October 10, 2008 330 PM Page 1 OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey D8- I �� SAINi PAUL CITY O� SAINT PAUL � Civil Division Christopher 8. Coleman, Mayor 400 City Hall Telephone: 651266-8710 15 West Kellogg Blvd. Facsimile: 651298-5619 AtAA SaintPaol, neinnesota 55�02 September 16, 2008 NOTICE OF INTENT TO Si3SPENB LICENSE Rachel Leslie Tokazz Regions Hospital 640 Jackson Street Saint Paul, MN 55101 RE: Massage Practifioner license held by Rachel Leslie Tokazz far the premises located at 640 Jackson Street in Saint Paul LicenseID # 20070004393 Dear Ms. Tokazz: The Department of Safety and Inspecfions (DSn has recommended suspension of the Massage Practitioner license held by Rachel Leslie Tokarz for the premises located at 640 Jackson Street in Saint Paul. The basis for the recommendation is as follows: On August 6, 2008, you were sent a letter and RENEWAL INVOICE from the Department of Safety and Inspections indicating that your Massage Practitioner license due on June 1, 2008, was delinquent. Your total bill is now $114.00 ($87.00 in license fees and $27.00 in late fees). You were given until August 27, 2008, to pay the license and late fees. As of today's date that payment has not been received. You were asked to submit current certificates of General. and Professional liability insurance with a 30-day notice of cancellation and naming the City of Saint Paul as additional insured. Also, proof of affiliation from a City of Saint Paul licensed therapeutic massage center or a state licensed health facility within the City of Saint Paul. As of today's date, that information has not been received. Affnnative Action Equai Opporhmity Employer Rachel Leslie Tokarz September 16, 2008 Page 2 At this time, you have three options on how to proceed: 08�1�� You can pay the license and late fees of $114.00 and submit the requested information. If this is your choice, you should send the information and payment directly to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, September 26, 2008. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the license and late fees and submission of the requested information will be considered to be a waiver of the hearing to which you aze entitled. 2. If you wish to admit the facts but contest the penalty, 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 26, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your license. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you no longer wish to do business in the City of Saint Paul, you will need to send a written statement to that effect to the Department of Safety and Inspections (DSI), 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, September 26, 2008. Information should be directed to the attention of Christine Rozek. If you have not contacted me by that date, I will assume that you do not contest the suspension of your license. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� � � Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Rachel Leslie Tokarz, 2505 Chrisfian Pkwy, Chaska, MN 55318 Afririnative Action Equal Opporhmity Employer --- ; � � � �- 3 �- � � � �, � o o� N N � � N � �I N � � Qi �� w c y � n- o � d , x a� d �' W m � � �; UQ (O d p� � I- J �ti m 0 � :� W � Z � � IO � � :� o ; Y vi 'rri �U � � �' n a o w w a� � c O Q U N T j � � Y � � � O L � � � �3 � � c �' o Z v Q fN y �I�' � S q -p y •' � � � � H � N � 2 W ` �J y �W U -� � "Q E � ;U U2 S� .. m � Q R� l a� a� a� c c -� � � 0 0 0 0 0 0 0 �U 'U p v .... 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COUNTY OF RAMSEY ) 68-1�-bo Julie Kraus, being first duly sworn, deposes and says that on the 16�' day of September, she served the attached NOTICE OF INT'ENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Rachel Leslie Tokazz Regions Hospital 640 Jackson Street Saint Paul, MN 55101 Rachel Leslie Tokarz 2505 Christian Pkwy Chaska, MN 55318 (which is the last Irnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. v Julie Kraus 5ubscribed and sworn to before me this 16�' day of September, 2008 .�,���� �!� No Public AFFIDAVIT OF SE._ /ICE BY U.S. MAIL RITA M. BOSSARO NOTARY PUBLIC • MINNESOTA MY COMMISSION �+���. EXPIRESJAN31,2010