08-627Council File # .�'� �'
Green Sheet #-;���
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Presented
RESOLUTION
PAUL, MINNESOTA
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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 $123.00; and
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6 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the
7 allegation or pay the delinquent license fees and late fee payment; and
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WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
allegation or pay the delinquent license fees and late fees by May 9, 2008, that the matter would be placed
on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that tl�e Massage Practitioner license held by Janice K. Topness is hereby suspended.
Requested by Department o£
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BY: Tt" Li'J �-�
Adoption Certified by Council Secretary
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Approv y or: Dat (p (�
By:
Form roved by Ciry Atto rn��
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Form roved y 1 fayar f u+ 'ssio Council
By:
Adopted by Council: Date lP�/fjf�
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$� —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
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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
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OFFICE OF THE CIT'Y ATTORN&Y
John d Choi, CityAttomey � /� �
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YAUL
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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
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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�" �
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COUNTY OF RAMSEY )
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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
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