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08-627Council File # .�'� �' Green Sheet #-;��� C Presented RESOLUTION PAUL, MINNESOTA � 1 WfIEREAS, adverse action was initiated against the Massage Practitioner license held by Janice K. 2 Topness (License ID#20040003694) for the premises located at 1375 St. Paul Avenue in Saint Paul by 3 Notice of Intent to Suspend License dated April 29, 2008, alleging licensee failed to pay delinquent license 4 fees and late fees in the amount of $123.00; and 5 6 WHEREAS, 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 fee payment; and 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 pay the delinquent license fees and late fees 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 tl�e Massage Practitioner license held by Janice K. Topness is hereby suspended. Requested by Department o£ d2c�- BY: Tt" Li'J �-� Adoption Certified by Council Secretary BY � ___-�/%�, ` . Approv y or: Dat (p (� By: Form roved by Ciry Atto rn�� BY. .-� . Form roved y 1 fayar f u+ 'ssio Council By: Adopted by Council: Date lP�/fjf� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � bg �� a� $� —Dept of Safety & Inspn:cions 3D-MAY-0B Green Sheet NO: 3054839 CorRad Person 8 Phone: Rachel Tiemey 266-8710 Must Be on Cn Agenda n by ,, (Dal 11-JUN-0B C U q1.�t )A"k ftYA4 r� boa Type: RESOLUTION �! EAOCUment Required: Y Document Confact: Julie Kreus Contact Phone: 266-8776 � Assign Number For Routing o�a�r Total # of Signature Pages _(Clip All Locations fnr SignaWre) 0 pt ofSafeN & Inspections 1 tofSaf &i 'ons De artinentDirector 2 ' Attorn 3 yor's 06ce _____ MayoNAssisqnt I a mcu 5 ' Cluk GS Clerk Approval of the attached resolurion to take adverse ac6on against the Massaga PracSfioner license held by Janice K. Topness (License ID#20040003694) for the premises located at 1375 St. Paul Avenue in Saint Paul. Planning Commission 1. Has this person/firm ever worked under a conVact for this department? CIB Committee Yes No Civi� Service Gorcxnission 2. Has this personffirtn ever been a city employee? Yes No 3. Dces this person/firm possess a skiil not normally possessed by arry current city employee? Yes No Explain ali yes answers on separate sheet and attach W green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Licensee failed to pay delinquent license fees and late fees of $123.00. After notification, licensee failed to respond to Notice of Tntent to Suspend License. Advantages If Approvetl: License suspension. DisadvanWges If Approved: Disadvantages If Not Approvetl: Trensaction: Funding Source: f inancialln(ormati on: (FxPlain) Activity Number. CosVRevenue Budgeted: May 30, 2008 2:38 PM Page 1 r r" OFFICE OF THE CIT'Y ATTORN&Y John d Choi, CityAttomey � /� � (F�" (! /'� swixz YAUL � b�� CITY OF SAINT PAUL ChnsfopherB, Coleman, Mayor Apri124, 2008 Civil Division 400 CityHall ]5 WesFKellagg Blvd. SaintPaul, Mnnesota 55f02 NOTICE OF INTENT TO SUSPEND LICENSE Janice K. Topness c% Jewish Commuttity Center U75 St. Pau1 Avenue St. Paul, MN 55116 Telephone: 651266-8710 Fa csimile: 651298-5619 RE_ Massage Pzacridoner license held by Janice K. Topness for the premises located at 1375 St. Paul Avenue in Saint Paul License ID # 20040003694 Dear Ms. Topness: The Department of Safety and Inspections (ASn has recommended suspension of the Massage Practitioner license held by Janice K. Topness for the premises located at 1375 St. Paul Avenue in Saint Paul. The basis for the recommendation 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.OQ in license fees and $40.00 in late fees). As of today's date that payment has not been received. At this time, you have three options on how to proceed: 1. You can pay the license and late fees of $123.00. If this is your choice, you should send the payment direcfly to the Depaziment of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paui, Minuesota 55101-1002 no later than Friday, May 9, 2008. Information 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 wazver of the hearing to which you are entitled. L:\CIVII,\KRAUSSFORM A'S\VARIOU512008VADIICETOPNESSLICSUSPFORMA.DOC �- 3anice K. Topness Apri129, 2008 Page 2 b� - f� �� 2- If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saiut Paul City Council, you will need to send me a Ietter with a statement admitting the £acts and requesting a public hearing. We will need fo receive your letter by Friday, May 9, 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 opportwuty 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 Adininistrative Law Judge. At that hearing both you and the City will be abie to appear 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 aduiiuistrative 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, r ���-IG��.�..C. � � Rachel Tierney � Assistaut City Attorney cc: Christine Rozek, Deputy D'uector of DSI Janice Topness, 775 Hilltop Court, MendotaHeights, MN SSll8 L:�CIVII.�ICRAUS�FORM A'S�vARI0US�2008VADIICETOPNESSLICSUSPFORMADOC STATE OF MINNESOT�" � � � � ss. COUNTY OF RAMSEY ) b�-� �--7 Ju1ie Kraus, being first duly sworn, deposes and says that on the 29�' day of April, she served the attached 1�TOTTCE OF INTENT TO SUSPEND LICENSE by placing a hue and correct copy thereof in an envelope addtessed as follows: Janice K. Topness c/o Jewish Community Center 1375 St. Paul Avenue 5t. Paul, MN 55116 Janice Topness 775 Hilltop Court Mendota Heights, MN 55118 (which is the last known address of said person) depositing the same, with postage prepaid, an the United States mail at St. Paul, Minnesota. � � � Julie Kraus Subscribed and sworn to before me this 29�` day April, 2008 6/%�tar,�/,!v i%°( ' i!G�IYI�J�A'� No y Public AFFIDAVIT OF S� _VICE BY U.S. MATL RITA M. BOSSARD NOTARYPUBLIC • MINNESOTA � � . MYCOMMtSSiON � > '�c`;_�x. EXPIf2G5JA�I 3i.201!] ;° ..� ... _e-..--_�-��°�;^.->—:..°as r°�.