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08-563Council File # � ' � � � Green Sheet # �� 3 � MINNESOTA PresenCed by �� 1 Wf�REAS, verse ' n was inifiated against the Massage Practitioner license held by Nicolle 2 Ryan (License ID#2003 Q04699) for the prexnises located at 12Q8 Crrand Avenue in Saint Paul by Notice 3 of Intent to Suspend License dated Apri129, 2008, alleging licensee failed to pay delinquent license and 4 late fees in the amount of $115.00; and 6 WF�REAS, licensee did not respond to the Norice of Intent to Suspend License to contest the 7 allegation or submit the delinquent license and late fee payment; and 8 10 11 12 13 14 15 16 17 18 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the allegation or submit the delinquent license and late fee payment by May 9, 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 Nicoile Ryan is hereby suspended. Requested by Deparqnent of: � �� By: i ' y� �� Form Approved by City Attomey B �(lr.�.� l �,...n Form A ove b ayor f bmi ion to Council By: Adoptio�fietl b C un ' Secretary BY. � Approved � Date � C9 � By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �S ��103 $� - Dept of Safery & Snipections Contact P¢rson & Phone: Rachel Tiemey 266-8710 Must Be on C uncil Agenda by (Dat 28-MAY-08 t���� �� Doc.Type: RESOLUTION �- EAocument Required: Y DocumentContact: JulieKraus CoMact Phone: 266-8776 ISMAY-08 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3053831 0 �tofSafeyt &Ias�ktioos 1 �C otSafety & InsQtttions _ Department D'u�ector ' 2 ,GStyAttorney I 3 ¢Nayor's O�ce MayodA.rsisfant 4 ouncil 5 'ty Clerk City Clerk I � Approval of the attached resolution to take adveise acrion against the Massage Pracritioner license held by Nicolle Ryan (License ID #20030004699) for the premises located at 1208 Grand Avenue in Saint Paul. Planning Commission �_ ryy� {his PyrsoNfvm ever worked under a conVact for this deparlmenC? CIB Committee Yes No Civil Service Commission 2. Has fhis person(firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cunent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (YVho, What, When, Where, Why): Licensee failed to pay delinquent license fees and late fees in the amount of $115.00. After notification, licensee did not respond to the Notice of Intent to Suspezul License. Advantages If Approved: License suspension Disadvantages lf Approved: None Disadvantages If Not Approved: Trensadion: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: May 15, 2008 129 PM Page 1 -iMwa� ( � OFFICE OF THE CITY ATTORNEY John J. Chai, Ci(y AKamey 68�3 SAINT PAUL � AAAA CITY OF SAINT PAUL Chrisfopher B. Cofeman, Mayor Apri129, 2008 Civi! Division 400 Ci(y HaII 95 West Kellogg BNd. Saint Paul, Mnnesofa 55102 NOTICE OF INTENT TO SUSPEND LICENSE Nicolle Ryan c% MesAmis Le Spa 1208 Grand Avenue St. Paul, MN 55105 RE: Massage Practitioner license held by Nicolle Ryan for the premises located at 1208 Grand Avenue in Saint Pau1 License ID # 20030004699 Deaz Ms. Ryan: Telephone: 651266-87>0 Facsimile: 651298-5619 The Department of Safety and Inspections (DS� has recommended suspension of the Massage Practitioner license held by Nicolle Ryan for the premises located at 1208 Grand Avenue in Saint Paul. The basis for the recommendation is as foilows: On February 1, 2008, you were sent a letter from the Department of Safety and Inspections (DSn indicating that yonr Massage Practitioner license was delinqnent. You were given until February 22, 2008 to pay the license and late fees owed. The total amount now due is $115.00 ($83.00 in license fees and $32.00 in late fees). As of today's date that payment has not been received. At this time, you haue three options on how to proceed: 1. You can pay the license and late fees of $115.00. If this is your choice, you should send the payment direcfly to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Friday, May 9, 2008. Informarion 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 will be considered to be a waiver of the hearing to which you are entitled. L:\CTViI.\KRAUS�FORM A'S\VARIOUS�2008VVICOLLE RYANACSUSPFORMA.DOC Nicolle Ryan � Apri129, 2008 Page 2 � b�'�� 2. If you wish to admit the facts but contest the penalty, you may have a publie 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, May 9, 2008. The matter will then be scheduled befare the City Council for a public hearing to determine whether to suspend your license. You will have an opportunify to appeaz before the Council and make a statement on your own behalf: 3. If you dispute the above facts, you can request a hearing before an Adminisirative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If tlus is your choice, please advise me by Friday, May 9, 2008, and I will take the necessary steps to schedule the admiuistrative hearing. 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 baue questions about these options, please feel free to contact me at 266-8710. Sincerely, Z �,E,�e.�'�. Rachel Tierney � Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Nicolle Ryan, 12117 —197�' Street VJest, Lakeville, MN 55044 AA-ADA-EEO Employer STATE OF MINNESO'� ) ss. COUNTY OF RAMSEY ) Ii � Julie Kraus, being first duly sworn, deposes and says that on the 29�' day of April, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a ttue and correct copy thereof in an envelope addressed as follows: Nicolle Ryan c/o MesAmis Le Spa 1208 Gra.nd Avenue St. Paul, NIN 55105 Nicolle Ryan 12117 —197�` Street West Lakeville, MN 55044 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ie Kraus Subscribed and sworn to before me this 29�' day April, 2008 � � .�'a( i��%�� o y Public RITA M. BOSSARD ��{p�( pUgUC - MINNESOTA MY COMMISSION � EJ(p�F2ESJAN.31,2010 i -�,P..'° AF�'IDAVIT OF SE�. VICE BX U.S. MAIL