09-1201Council File # � ' �
Green Sheet #�� R�
CITY OF
Presented by
MINNESOTA
m
1 WHEREAS, a rse �on was taken against the Massage Practitioner license held by Laura J.
2 Beck d/b/a Laura J. Beck (License ID#20080002842) for the premises located at 346 St. Peter Street in
3 Saint Paul by Notice of Intent to Suspend License dated September 29, 2009, alleging licensee failed to
4 pay delinquent license and late fees in the amount of $135.00 and submit requested insurance information
5 and Proof of AfFliation; and
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7 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office recommended
8 license suspension and a$500.00 matrix penalty; and
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10 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
11 delinquent license and late fees, the $500.00 matrix penalty and submit the requested insurance
12 information and Proof of Affiliation; and
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IS
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WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
delinquent license and late fees, the $500.00 matrix penalty and submit the requested insurance
inforxnation and Proof of Affiliation by October 8, 2009, 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 held by Laura J. Beck d/b/a L,aura J. Beck is
hereby suspended failure to pay delinquent license and late fees.
FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $500.00 far failure to
submit requested insurance information and Proof of Affiliation. Payment of such penalty shall be made
within thirty days of the date of the adoption of this resolution.
Adoption Certified by Coun ' Secretary
By: i � � —
Approv 6y ayoi'�� Date �� �
By:
Requested by Depaztment of:
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By: /
Form Approved by Ciry Aftorney �
B➢� `�/A/t O,�_�GC C2... �� J .le'�/YLP/l
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Form App o ed b Ma for S 'ssion Council
Sy:
Adopted by Council: Date �����rl/ �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
)eparhnentlOfficelCouncil: Date Initiated: I " �'���
S � _Dept.ofSafety&Inspections ,; �60CT2009 � Green Sheet NO: 3084497
i Confact Person & Phone:
Virpinia D. Palmer
266-8710
�; Must Be on Council Agenda by (D�f
� 28-OCT-09 t ���i �
�i Uoa Type: RESOLUTION
'� E-Document Required: Y
i Document Contact: �ulie Kraus
Contact Phone: 2668776
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Assi9n i Z
Num6er i 3
For �
Routing 4
Order i 5
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10
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached resolution to take adverse acrion against the Massage Pracritioner license held by Laura J. Beck d/b/a Laura
J. Beck (License ID#20080002842) for the premises located at 346 St. Peter Street in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for Nis department�
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and aHach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay delinquent license and late fees of $135.00 and submit requested insurance information and Proof of Affiliation.
After notification, licensee did not respond to the Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 mahix penalty.
DisadvanWges IfApproved:
Disadvantages If Not Approved:
ToW I Amount of
Trensaction:
Funding Source:
Financial Information:
(Explain)
October 16, 2009 3:01 PM
CosGRevenue Budgeted:
Activity Number:
Page 1
�Kw.o_
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OFFICE OF THE CITY ATTORNEY
John J. Choi, CityAttomey
Sw[NT
PAUL CiTY OF SA{NT PAUL CrvilDivision
� ChnstopherB.Coleman,Mayor 400CityHall Telephone:651 266-87 7 0
iSWestKelloggBlvd. Facsimile:651298-S6i9
Al1AA SaintPaul, Minnesota 55702
September 29, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Laura J. Beck
c/o Details Salon
346 St. Peter Street
St. Paul, MN 55104
RE: Massage Practitioner license held by Laura J. Beck d/b/a Laura J. Beck for the premises located
at 346 St. Peter Street in Saint Paul
License ID #20080002842
Dear Ms. Beck:
The Department of Safety and Inspections (DSn has recommended suspension of the Massage
Practitioner license held by Laura J. Beck d/b/a Laura J. Beck for the premises located at 346 St. Peter
Street in Saint Paul. The basis for the recommendation is as follows:
On July 15, 2009, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) stating that your Massage
Practitioner license was delinquent and you owed $126.00 in license and late
fees. As of today's date you now owe $135.00 in license and late fees.
You were also asked to submit a current certificates of General and Professional
Liability insurance with a 30-day notice of cancellation and naming the City of
St. Paul as an additional insured aad Proof of Af�liation.
You were given until August 5, 2009, to pay the delinquent license and late fees
and submit the requested insurance information and Proof of Affiliation. As of
today's date, neither the payment nor the information has been received.
In addition to the suspension of your Massage Practitioner license, per Saint Paul Legislative Code
§310.05 (m) (2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit
required insurance information and Proof of Affiliation in order to maintain your license.
Affirmative Action Equal Opportunitv Emplover
Laura J. Beck
September 29, 2009
Page 2
At this time, you have three options on how to proceed:
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l. You can pay the delinquent ]icense and late fees, $500.00 matrix penalty and submit the required
insurance and Proof of AffiJiation. If this is your choice, you should send the payments and
information directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220,
St. Paul, Minnesota 55101-1806 no later than Thursday, October 8, 2009. Information should
be directed to the attention of Christine Rozek. A seIf-addressed envelope is enclosed for your
convenience. Payment of the delinquent license and late fees, $500.00 matrix penalty and
submission of requested insurance and Proof of Affiliation will be considered to be a waiver of
the hearing to which you aze entitled.
2. If you wish 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 admitting the facts
and requesting a public hearing. We will need to receive your letter by Thursday, October 8,
2009. The matter will then be scheduled before the City Council for a public hearing to
determine whether to suspend your license and impose the $500.00 matrix penalty. You will
have an opportunity to appear before the Council and make a statement on your own behalf.
If you no longer wish to do business in the City of Saint Paul, you will need to send a written
statement to that effect to the Department of Safety and Tnspections, at 375 Jackson Street, Ste.
22Q St. Paul, Minnesota 55101-1806 no later than Thursday, October 8, 2009. Information
should be directed to the attention of Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the
suspension of your license and imposition of the $500.00 matrix penalty. In that case, the matter
will be placed on the City Council 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,
`��`�. �C.��., ( ��-->
Rachel Tierney/Virginia D. Pal r
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
L,aura J. Beck, 3444 Abbott Avenue North, Robbinsdale, MN 55422
Affirma[ive AcGon Eaual Onnortunitv Emolover
STATE OF MIlVNESOT!''
, �s.
COUNTY OF RAMSEY )
�1'i�'��
Julie Kraus, being first duly swom, deposes and says that on the d� l��ay of
September, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by
placing a true and correct copy thereof in an envelope addressed as foliows:
Laura J. Beck
c/o Details Salon
346 St. Peter Street
St. Paul, MN 55104
Laura J. Beck
3444 Abbott Avenue North
Robbinsdale, MN 55422
(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 aus
Subscribed and sworn to before me
this �day of September, 2009
�-!��'""'�—� !��
Notazy Public
AFFIDAVIT OF SE�_ . ICE BY U.S. MAIL
v����RTA M. BOSSARD
�,. NOTARYPUOLIC•MINNESOTA
� : MY COMM�SSION
�" � r,r�.. EXPIRES JAN 31 , 20 1 0'
3 :<e��v , +naEw�c�w. , ��_. , —�.: ., � ._ ._
DEPARTMENT OF SAFbi Y AND INSPECf]ONS ���I v �
Bob Kzssler, Director
CITY �F SAINT PAUI- COMMERCEBUILDING Telephone 651-266-8989
Chrtsiopher B. Coleman, Mayor 375 Jackson Street, Suire 220 Facsemde 6J1-266-9724
St Paul, Mmnesata J5101-1806 Web wivw sroau[ eov/ds�
July 15, 2009
Laura J. Beck
3444 Abbott Ave N
Robbinsdale, MN 55422
RE: Delinquent Massage Practitioner License
Dear Laura J Beck:
Our records indicate that your Massage Practitioner License is delinquent. If you have
changed your place of employment please note that your license is not transferable to
another site.
For your convenience, a copy of the current invoice and a return envelope is enclosed. If you
are no longer working within the City of Saint Paul please advise our office of that
information in writing.
Please note that Your total bill is $126.00 which includes late fees. This payment must be
received in this office by August 5, 2009 or we will submit your unpaid account to the City
Attorney's office for adverse action against your license. P[ease remember you rreust
include the requested information on the bottom of the renewal invoice with your payment.
If you have questions regarding this notice, please contact DSI at 651-266-9090.
Sincerely,
?atricia McGinn
Office Manager
AA-ADA-EEO Employer
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���C�el
Chapter 310. Unifonn Licen� 'rocedures
6 �/� Page 1 of 3
t}j'�d"�
(m) Presumptive penalties for certain vio/ations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the length of license
suspensions a�d the propriety of revocations, and shall apply to all license types, except that in
the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A
may exceed the maximum fine outlined below due to multiple violations in one (1) appearance.
AII penalty recommendations for chapter 331A violations shall be based on the food penalty
guideline referred to in chapter 331A. These penaities are presumed to be appropriate for every
case; however the council may deviate therefrom in an individual case where the council finds
and determines that there exist substantial and compelling reasons making it more appropriate
to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Appearance
Type of Violation
1st 2nd 3rd 4th
(1) Viotations of conditions $500.00 fine $1,000.00 $2,000.00 fine Revocation
placed on the license fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation
other than violations of the fine suspension
food code
(4) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension suspension
DSI inspector or police
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n(a
related to violation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations u�der $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.O�J $500.00 $1,000.00
under 331A
(i) Fines payable without,'�earing .