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08-996Council File # W ��lY _ _-- __..— - - — reen eet #3'Q58769 � RESOLIlTION WF�REAS, ad rse acti was taken against the Massage Practirioner license application submitted by Sally A. Rogers (License ID#20060002930) for the premises located at 340 Cedar Street in Saint Paul, by Notice of Intent to Deny License dated July 31, 2008, alleging licensee failed to submit current General and Professional liability insurance, proof of affiliation and current certification to complete the application process; and 6 7 WHEREAS, licensee did not respond to the Notice of Intent to Deny License to contest the 8 allegation or submit current General and Professional liability insurance, proof of �liation and current 9 certification; and 10 11 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the 12 allegation ar submit cunent General and Professional liability insurance, proof of affiliation and current 13 certification by August 11, 2008, that the matter �vould be placed on the consent agenda to impose the 14 recommended penalty; now, therefore, be it 15 ]6 RESOLVED, that the Massage Practitioner license application submitted by Sa11y A. Rogers is 17 hereby denied. 18 Requested by Department oE Adoption Certified by Council Secretary By: Approve�d� May . Date l (�g BY� C Y�il .� u��\ � �5...�L By: �a.� t�-t2�, �-- Form A oved by City Artomey B y' �� �"'�-�Ltit N f t�— J Form Appr v by ay for Submi io to ouacil By: Adopted by Council: Date yf/JjQ� Green Sheet � CoMad Person 8 Phone: Rachel Tiemey 266-8710 28-AUG-0B � Assign Number For Routing Ocder Green Sheet NO: 3058769 10SEPA8 Doc. Type; RESOLUTION E-Document Required: Y DocumeMConWct: JulieKraus CoMact Phone: 266-8776 Tota1 # of Sigrcature Pages _(Clip All Locations for Signature) 0 �DeptofSafery&Insoeclions 1 tofSaf &Ins ections De artmentDirector 2 ' Attom 3 or's Office Ma oc/Assisqnt 4 ouneil 5 ' Cferk CY CLerk Approval of the attached resolurion to take adverse action against the Massage Practi6oner license application submitted by SaLly A. Rogexs (License LD #2�060002930) for the premises locatzd at 340 Cedar Sheet in Saint Paut. Ptanning Commission CIB Committee Civil Service Commission 1. Has this personffirtn ever worked under a contract for this department? Yes No 2. Has ihis personlfirm ever been a city employee? , Yes No 3. Does fhis person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separote sheet and attach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Licensee failed to submit current General and Professional liabiliry insurance, proof of affiliation and current certification to complete the application process. After nofification, licensee did not respond to the Norice of Tntent to Deny License. AtivaMages If Approved: License deniai. �isadvenWges If Approved: None. Disadvantages If Not Approved: Transaction: Funtling Source: Financialinformation: (Explain) Activity Number: CosYRevenue Budgeted: Augus128, 200811:08 AM Page 1 � i { - - � --- OFFICE OF TI� CITY ATTORNEY John J. Choi, CityAftomey SAINi PAUL � AAAII CITY OF SAINT PAUL Christophe�8. Coleman, Mayor 7uly 31, 2008 Civil Divisi0n 400 City Ha11 75 Wesf Kellogg Blvd. SarntPaul, Mnnesota 55102 NOTICE OF ]NTENT TO DENY LICENSE Sa11y A. Rogers c!o Lifetime Fitness 340 Cedar Street St. Paul, MN 55101 Telephone: 6b1 266-87�0 Facsfmife: 659 298-5619 RE: Massage Practitioner license applacation submitted by Sally A. Rogers for the premises located at 340 Cedar Street in Saint Paul License ID # 20060002930 . Dear N1s. Rogers: The Department of Safety and Inspections (DS� has recommended denial of the Massage Practitioner license application submitted bq Sally A. Rogers for the premises located at 340 Cedar Street in Saint Paul. The basis far the recoxnmendation is as follows: On April 2, 2008, you were sent a letter from the Department of Safety and Inspections stating that your license application was pending until the following information was received: 1) current certificate of general and professional liability insurance, with a 30-day notice of cancellation and stating the City of Saint Paul as additional insured. You were also asked to provide the policy number, the insurance provider's name and have the policy made out in the exact name as stated on the license application; 2) proof of affiliation from a City of Saint Paul license massage center or state licensed health facility and 3) provide either a current cert'�f'ication in Therapeufic Massage and Bodywork of show successful completion ofwriften and practical eaams from a City of Saint Paul authorized examiner. You were given uniil April 25, 2008 to snbmit this information. As of today's date the information has not been received. AA-ADA-EEO Employex � Sally-A. Rogers 3uly 31, 2008 Page 2 � � - ------- __ _ _ - - -- - -- you have tbree oplions on how to proceed: If you wish to do business in the Ciry o£ Saint Paut, you need to submit the requested documents to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Monday, August 11, 2008. 7nformation should be direcfed to the attention of Christine Rozek. 2. If you wish to admit the facts but contest the penalTy, you may bave a public 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 Monday, August 11, 2008. The matter will then be scheduled before the City Council for a public hearing to deteimiue whether to deny your license. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. Irou may withdraw your license applicafion. Send a written statement to that effect to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Pau1, Miu�esota 55101-1002 no later than Monday, August 11, 2008. Infozmation should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to DSI. If you have not contacted me by that date, I will assume that you do not contest the denial of your iicense. In that case, the mstter will be ptaced on the �ouncil's Co�sent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� � Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Sally A. Rogers, 10705 Hanson Blvd. NW, Apt. 309, Coon Rapids, MN 55433 AA-ADA-EEO Employa STATE OF MINNESOTt� — - -- ) ss. COUNTY OF RAMSEY ) -- -- — -- ... _. 9F�IDAVTT OF SE . ICE BY I3.S. MAII. Julie Kraus, being first duly sworn, deposes and says that on the 31 n day of July, she served the attached N01`ICE OF IlVTENT TO DENX LICENSE by placing a irue and correct copy thereof in an envelope addressed as follows: Sally A. Rogers c(o Lifetime Fitness 340 Cedar Street St. Paul, MN 55101 Sally A. Rogers 10705 Iianson Blvd. NW, Apt. 309 Coon Rapids, MN 55433 (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 swom to before me this 31 day July, 2048 � N tary Publi� RITA M. BOSSARD �py�Ry pU8(,IC • MIM�ESOTA MY COMN9SSION pCPIRES JAN. 91. 2 01 0 ',�