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08-625Counci� File # O8 ' (p �S Green Sheet # ;jQS 3 OF Presented by RESOLUTION NT PAUL, MINNESOTA �� i WHEREAS, adverse action was initiated against the Massage Practitioner license held by Shelly R. 2 Arlington (License ID#20060002837) for the premises located at 1698 Suburban Avenue in St. Paul by 3 Notice of Intent to Suspend License dated May 6, 2008, alleging licensee failed to pay delinquent license 4 fees and late fees in the amount of $123.00; and 6 WIIEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 7 allegation or pay the delinquent license fees and late fees; and 8 9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 10 allegation or pay the delinquent license fees and late fees by May 16, 2008, that the matter would be placed 11 on the consent agenda to impose the recommended penalty; now, therefore, be it 12 13 RESOLVED, that the Massage Practitioner license held by Shelly R. Arlington is hereby 14 suspended. 15 16 17 18 19 Requested by DeparhnentoE By: � Adoption Certified by Council Secretary g � Approv ayq : Date �9 ` Q By: Form ved by CiTy Attorney BY: (��„G�.Q. Ti�,�,.,�► Form Ap ove by yor o u mi i n to Council By: Adopted by Council: Date /v�j��jjpff � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet b8-��5 $� -Dept of Safety & Iaspectioas � 34MAY-08 CoMact Person & Phone: Rachel Tiemey 266-8710 ifII1ALII�b? Doc.Type: RESOLUTION E-Document Required: Y Document Confact: Julie Kraus Cuntact Phone: 266-8776 y Assign Number For Routing Order ToWI # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3054836 0 e C ofSafe & Ins ections 1 e t ofSafe & Ins ections De artment Director 2 " Attom�e 3 ayor's Office I Mavor7Assistant I 4 ountil 5 ' Clerk Ctitv Clerk I � Approval of the attached resolufion to take adverse acrion against the Massage Practitioner license held by Shelley R. Arlington (License ID#20060002837) for the premises located at 1698 Suburban Avenue in Saint Paul. iaauons: approve �n� or ht Planning Commission CIB CommiBee Civil Service Commission 1. Has this person/firm ever worked under a confract for this department? Yes No 2. Has this person/firm evef been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licen.see failed to pay delinquent license fees and late fees in the amount of $123.00. After norification, licensee did not respond to the Notice of Intent to Suspend License. AdvanWges If Approved: License suspension. Disadvantages If Approved: Disadvantages If Not Approved: Trensaction: Funding Source: Financial Information: (Explain) Activity Number: CosVRevenue Budgeted: May 30, 2008 2:19 PM Page 1 ;. _ �.., OFFICE OF Tf� CITY ATTORNEY John d Cho; CityAttomey .[�) /� � Ujy �CE' p � swixr PAUL � AMA CITY OF SAINT PAUL ChrisfopherB. Coleman, Mayor May 6, 2008 CIVI� �%V%SIOl1 400 Cify Ha!! 15 West Kellogg 8lvd. Saint Paul, �LLnnesota 55102 NOTICE OF INTENT TO SUSPEND LICENSE Shelley R. Arlington c/o Salon Unlimited 1698 Suburban Avenue St. Paul, NIN 55106 Telephone: 651266-8710 Facsimile: 651298-5619 RE: Massage Practitioner license held by Shelley R. Arlington for tke premises located at 1698 Suburban Avenue in Saint Paul License ID #20060002837 Dear Ms. Arlington: The Department of Safety and Inspections (DSn has recommended suspension of the Massage Practitioner license held by Shelley R. Arlington for the premises located at 1698 Suburban Avenue in Saint Paul. The basis for the recoxnmendation is as follows: On February 1, 2008, you were sent a letter from the Department of Safety and Inspections (DSn indicating that your Massage Practitioner license was delinquent. You were given until February 22, 2008 to pay the license and late fees owed. The total amount now due is $123.00 ($83.00 in license fees and $40.00 in late fees). As of today's date that payment has not been received. At this time, you ha�e three opfions on how to proceed: 1. You can pay the license and late fees of $123.00. If this is your ehoice, you should send the payment directly to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Friday, May 16, 2008. Informafion 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:\CiVII,�I42AUSiFORM A'S\VARIOUS12008�SHELLYARI.INGTONLSCSUSPFORMA.DOC Shelley R. Arlington � May 6, 2008 Page 2 � b� - �o �5 2. If you �vish 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 acltnitting the facts and requesting a public hearing. We will need to receive your letter by �iday, May 16, 2008. The matter will then be scheduled befare the City Council for a public hearing to defermine 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 dispute the above facts, you can request a hearing before an Adnuuistrative 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. ff this is your choice, please advise me by Friday, May 16, 2008, and I will take the necessary steps to schedule the adtxuiustrative 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 have questions about these options, please feel free to contact me at 266-8710. Sincerely, �Z� �� Rachel Tierney � Assistant City Attomey cc: Christ3ne Rozek, Deputy Director of DSI Shelly R. Arlington, 877 Ohio Street, St. Paul, MN 55107 AA-ADA-EEO Employer STATE OF MINNESOT�' , ss. COUNTY OF RAMSEY ) ���a� Julie Kraus, being first duly sworn, deposes and says that on the 6�' day of May, 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: Shelley R. Arlington c/o Salon Uulimited 1698 Suburban Avenue St. Paul, MN 55106 Shelly R. Arlington 877 Ohio Street St. Paul, MN 55107 (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 6�' day May, 2008 ! '7'�..�sc� /`( - i� `�� Notary Public � AF'FIDAVIT OF SE� ICE BY U.S. MAiL R17A I�A. 80SSARD lDTARY Pt�tIC - MINFESOTA MY COMMISSION DCPIRES JAN. 31, 2 0 1 0 %�-�°s�--�"�