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08-622Council File # � � �" 4�' Green Sheet # J �L.�7� � RESOLUTION � Presented by PAUL, MINNESOTA 0 1 WHEREAS, adverse action was iruriated against the Massage Practitioner license application 2 submitted by Edgaz Andres Solano Paz d/b/a Andres Paz (License ID #20060000366) far the premises 3 located at 241 Cleveland Avenue South, Ste. A-7 in St. Paul in Saint Paui by Notice of Intent to Deny 4 License dated May 6, 2008, alleging licensee failed to submit required information to complete the 5 application process; and 6 7 WfIEREAS, licensee did not respond to the Notice of Intent to Deny License to contest the allegation or submit the required information; and 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the allegation or submit the required information by May 16, 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 application submitted by Edgar Andres Solano Paz d/b/a Andres Paz is hereby denied. Requested by Department of: � b p a-i �/��//�,, � BY l.l'.1�� JT �"!.i`'�� Adoption Certified by Council Secretary By: � Approved b or: Date �(Q p� By: Form A proved by City Attomey By: � (�tn�, Form roved y yor o u mis ' to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b$'(� a' g� -n��ors�eery&r�,aco� � 30.MAY-08 Contact Persan & Phone: Rachel Tiemey 266-87'10 musz 6e on - auna� agenaa rnj (oat 11JUN-08 �S� SflM/ Doc.Type: RESOLU'fION E-Document Required: Y Document Contaet: Julie Kraus Contad Phw�e: 266-8710 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3054840 0 e tofSafe & 'ons 1 tofSafe &Ins mions D entDirector 2 ityAttomey i 3 ayor's Office MsvoHASSistant I 4 ouocil 5 i Clerk Cl' C1erk Approvat of the attached iesolution to take adverse acrion against the Massage PracfiNoner license applicaflon submitted by Edgaz Andres Solano Paz, d/bfa Andtes Paz (I.icense ID#20060000366) for the premises lacated at 241 Cleveland Avenue South, Ste. A-7 in Saint Paul. Planning Commission CIB Gommittee CiSil Service Commission 1. Has this personlfirm ever worked u�er a conhact for this depaRmenY? Yes No 2. Has tliis persoNfirm ever been a city empioyee? Yes PJo 3. Does this personlfirm possess a swll not norma0y possessed by any curtent city empioyee? Yes No Euplain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit required information to complete the application process. After notificarion, licensee failed to respond to the Norice of Intent to Deny License. Advantages If Approved: License denial. DisaWantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (6cpiain) CosVRevenue Budgeted: Activity Number: May 3Q 2008 2:43 PM Page 1 ( SAtHi PAUL � IIAAf! May 6, 2008 CITY OF SAINT PAUL Christopher8. Cofeman, Mayor /-- l OFkTCE OF THE CITY ATTORNEY John J. Choi, CityA@omey ���,^ y � r[ Civil Div+sion 400 City Ha11 Te(ephone: 651 2658730 15 Wesf Keffogg 8lvd. Facsimffe: 651 298-5619 Saint Paul, fvLnnesota 55902 NOTICE OF INTENT TO DENY LICENSE OwnerJManager Andres Paz 241 Cleveland Avenue South, Ste. A7 St. Paul, MN 55105 RE: Massage Practitioner license applicatian submitted by Edgar Andres Solauo Paz d/bfa Andres Paz for the premises located at 241 Cleveland Avenue South, Ste. A7 in Saint Paul License ID #20060000366 Dear Sir/Madaui: The Department of Safety and Inspections (DSn has recommended denial of the Massage Practitioner license application submitted by Edgar Andres Solano Paz dJbJa Andres Paz for the premises located at 241 Cleveland Avenue South, Ste. A7 in Saint Paul. The basis for the recommendation is as follows: On February 22, 2008, �ou were sent a letter from the Department of Safety and Inspections (DS� stating that your license application had been gending since February 8, 2006, and it would not be appro�ved until the following information was submitted: 1) a current of certificate of General and Prafessional 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 successfiil completion of written and practical eaaminations from fhe City of Saint Paul authorized examiner. You were given until March 3, 2008 to submit the information or request a withdrawal of your license applicafion. As of today's date, neither has been received. AA-ADA-EEO Emplayer i Andres Paz May 6, 2008 Page 2 At this time you have three opiions on how to proceed: (__ 1. You can submit the requested information. If this is your choice, please send it to the Department of Safety and Inspections (DS� at 8 Fourth Street East, Suite 200, St. Paul, Minuesota 55101- 1002 no later than Friday, May 16, 2008. Information 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 aze entifled. 2. If you wish admit the facts but contest the denial, you may have a public heazing before the Saint Paul City Council, you will need to send me a letter with a statement admitiing the facts and requesting a public hearing. VJe will need to receive your letter by Friday, May 16, 2008. The matter will then be scheduled before the City Council for a public hearing to detenuiuie whether to deny yotu license. You will have an opportunity to appear before the Council and make a statement on your own behalf. You may witb draw your license application. Send a written statement to that effect to the Depaztrnent of Safety and Inspecrions, 8 Fourth Street East, Suite 200, St. Pau1, Minnesota 55101-1002 no later than Friday, May 16, 2008. Inforxnation should be directed to the attenfion 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. 3f 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 wili 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, .� �� ' `�`� Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy D'uector of DSI Edgar Andres Solano Paz, 8201 Stanlep Road, Apt. 302, Bloomington, MN 55437 AA-ADA-EEO Employer STATE OF MINNESOT�" ` � ss. COUN'TY OF RA.MSEY ) AFFIDAVTT Ok' SE :'ICE BY U.S. MAIL Julie Kraus, being first duly sworn, deposes and says that on the 6�' day of May, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a irue and conect copy thereof in an e�svelope addressed as follows: Owner/Manager Andres Paz 241 Cleveland Avenue South, Ste. A7 St. Paul, MN 55105 Edgaz Andres Solano Paz 8201 Stanley Road, Apt. 302 Bloomington, MN 55437 (which is the last Irnown address of said person) depositing the satne, with postage prepaid, in the United States mail at St. Paul, Minnesota. � � Julie Kraus Subscribed and swom to before me this 6�' day May, 2008 �� N� li�___1� \ RITA M. BOSSARD NOTARY PUBLIC - MIPPIESOTA yz�-,�. MYCOMMiSS10N ; `a?�s�' EXP}RESJAN.3 �` ..:�-��:_��°�. �°�`