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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 6 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 9 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 13 14 IS 16 17 18 19 20 21 22 23 24 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: _��, �, c�,.� .� �,� ti /1 By: / Form Approved by Ciry Aftorney � B➢� `�/A/t O,�_�GC C2... �� J .le'�/YLP/l `" G 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 � , 0 1 Assi9n i Z Num6er i 3 For � Routing 4 Order i 5 6 I 7 i 8 9 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_ ����?��! 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: J�� �� � 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 y a � � � � U � � N U y y N � � r Q O '� � � m S � �y R � a m � Y 7 O t �3 � N � C � O Z U ¢ m N � c m F d � O N 7 U � m U U N Rt U U a � � � � � � C C N N d U � � 6 N:tn t� tn tn tn ln d � � j . n r r Q O O O � O O x��v v v v,�- r W �:r � r r r U � r � N r 7 7 J w > � v v v v �•� ¢ r N N N 7 � � r r � O O Z � � � a�`�i � m m C`3 � �fl- �fl- �fl- �a �Q. �a � ' W W W W W W � N N N � � � C C G' C C C ° ' O O O o 0 o O O O e o o O� C "' '= o O O�' "_' f' o O O �. O O I'U 'U 'V O v r U�V �V O �- - T Q�m m m�.� � m m ro�.� ��� � a a`. a a� � R a a a a� �� m m � ; m � p� � 41 N 01 O) O] � Ul f� T� � � tA N %6 T N ltl t�p tq t�A >• N N'D �` ' v� y m m'o a,� y w m a m o -o � � � � � O O � � � � O O N � � � � M (O W � � � m (O O] � 'F � N N N i� M(O N 7 d' h M(O � r ' N C CV C N N N N N c0 C W N N N� N '� O� O� O LL IL IL p O� O IL ll Il lL IL 'O E O E O �� Y O O E O ��� Y � 1 O T O a O O O T O i O d O d O J J J O O d O J J J J J a i � �' U � s � d a� o a U Y � : L °� r U U U U W m V � ; ^ M � � � i � N Q r � � � � U Zj 7 ¢ o O O o � � � Ci i� Q CC W W �U! a � � io 0 0 0 0 0 o 0 0 0 0 0 � N¢ im W m � rn N � � � Z � c � o ' � ��� N C7 O(O W� N O N N(O N O .1 o Q ', rn � o o co v m c� m co rn a U � E i N � N O cD N O � r m N�� W C���17 c0 V u) �n I� N 7 v d� �n u) u) . m — Z� V d' ln ln tn ln c0 CO CO CO (O c0 CO � 7 � � � X O_ i N N >. T>. Q � T>. �. �i. T � Q ~ I— .� j+ � j+ � C C C�� T� C C C C C � J ;v` rn c � �`�"�� N yi � O o 0 o O o O o O O O o o O O o 0 O O O O O O � C� X�:N N N N N N� O O O O O O O O O O � � W �;� ��� N N N N N N N N N N N � F' : � V (O C� Ln � � � � � � � � � � O f� �' N� N I� T c0 O O O O O lQ '� T O� O C� T N N T O� N, r , r N N�� N V u ( r� ���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 .