09-1202Council File # ��� /� �-
Green Sheet # '��3 (
RESOLUTION
Presented by
�3
1 WHEREA�;-ad�erse action was taken against the Massage Practitioner license held by Kelly 7.
2 Ochis d/b/a Kelly J. Ochis (License ID#20080001565) for the premises located at 4ll Cedar Street in
3 Saint Paul by Notice of Intent to Suspend License dated September 30, 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 Affiliation; and
6
7 WHEI2EAS, per Saint Paul I.egislative Code §310.05 (m) (2), the licensing office recommended
8 license suspension and a$500.00 matrix penalty; and
9
10 VJHEREAS, 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 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
15 delinquent license and late fees, the $500.00 matrix penalty and submit the requested insurance
16 information and Proof of Affiliation by October 9, 2009, that the matter would be placed on the consent
17 agenda to impose the recommended penalty; now, therefore, be it
18
19 RESOLVED, that the Massage Practitioner license held by Kelly J. Ochis d/b/a Kelly J. Ochis is
20 hereby suspended for failure to pay delinquent license and late fees.
21
22 FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $500.00 for failure to
23 submit requested insurance information and Proof of Affiliation. Payment of such penalty shall be made
24 within thirty days of the date of the adoption of this resolution.
aTv
PAUL, MINNESOTA
Yeas
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Adopted by Council: Date �d
Adoption Certified by Coundl Secretary
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Approv Ma or. Date ( �
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RequesCed by Department of:
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Form Approved y City Attome�
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Form pr e by ayor for bmis ion to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
I DepartrnenUOfficelCouncil: Date Initiated:
f��l �( �D�
i S � _Dept.ofSafety&Inspections I �60CT2009 ; Green Sheet NO: 3084536
i Contact Person 8 Phone:
� Virqinia D. Palmer
2ss-8�10
- Must Be on Cowc' genda by (Date): �
' 28-OCT-09 � � I
I Doc. Type: RESOLUTION
E-DOCUment Required: Y
Document Contact: �ulie Kraus
ConWCt Phone: 2658776
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ToWI # of Signature Pages _(Clip All Locations for Signature)
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Approval of the attached resolurion to take adverse action against the Massage Pracritioner license held by Kelly J. Ochis d/b/a Kelly
J. Ochis (License ID#2�080001565) for the premises located at 4ll CedaL Street in Saint Paul.
Recommendations: Approve (A) or Reject (R).
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following questions:
1. Has this persoNfrm ever worked under a contract for this 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 attach 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 Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved: ,
ToWI Amount of
Transaction:
Funding Source:
FinanGial Information:
(Explain)
Octaber 16, 2009 2:58 PM
CosURevenue Budgeted:
Activity Number:
Page 1
�
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OFFICE OF THE CITY ATTORNEY
John J. Choi, CiryAttomey
SA[NS
PAUL CITY OF SAINT PAUL Civ�IDivision
� Chnstophe� 8. Coleman, Mayor 400 City Hall Tefephone: 651266-8710
iSWestKellogg8/vd. Facsimile:651298-5619
AAAA Saint Paul, Minnesota 55f o2
September 30, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Keliy J. Ochis
c/o Premier Salon
411 Cedas Street
St. Paul, MN 55101
RE: Massage Practitioner license held by Kelly J. Ochis d/b/a Kelly J. Ochis for the premises located
at 411 Cedar Street in Saint Paul
License ID #20080001565
Dear Ms. Ochis:
The Department of Safety and Inspections (DSn has recommended suspension of the Massage
Practitioner license held by Kelly J. Ochis d/b/a Kelly J. Ochis for the premises located at 411 Cedar
Street in Saint Paul. The basis for the recommendation is as follows:
On August 4, 2009, you were sent a letter and RENEWAL INVOICE From the
Department of Safety and Inspections (DSI) stating that your Massage
Psactitioner license was delinquent. As of today's date you now owe $135.00 in
license and late fees.
You were also asked to submit a current certiticates of General and Professional
Liability insurance with a 30-day notice of cancellation and naming the City of
St. Paul as an additional insured and Proof of Af�liation.
You were given until August 25, 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 L,egislative 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.
Kelly J. Ochis
5eptember 30, 2009
Page 2
At this time, you have three options on how to proceed:
b�-/�b �
You can pay the delinquent license and late fees, $500.00 matrix penalty and submit the required
insurance and Proof of Affiliation. 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 Friday, October 9, 2009. Information should be
directed to the attention of Christine Rozek. A self-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 heazing 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 Friday, Oclober 9, 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.
3. If you no longer wish to do business in the City of Saint Paul, you wil] need to send a written
statement to that effect to the Department of Safety and Inspections, at 375 Jackson Street, Ste.
220, St. Paul, Minnesota 55101-1806 no later than Friday, October 9, 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 recommend2ci penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
��.� ���� ����
Rachel Tiemey/Virgirua D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Kelly J. Ochis, 1688 Stickney Avenue, South St. Paul, MN 55075
STATE OF MINNESOTn1
ss. AFFIDAVIT OF S�_ . JICE BY U.S. MAIL
COI7NTY OF RAMSEY )
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Julie Kraus, being first duly sworn, deposes and says that on the � day of
September, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by
placing a We and correct copy thereof in an envelope addressed as follows:
Kelly J. Ochis
c/o Premier Salon
411 Cedaz Street
St. Paul, MN 55101
Kelly 3. Ochis
1688 Stickney Avenue
South St. Paul, MN 55075
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
��� �.,� � /
Juli aus
Subscribed and sworn to before me
tTiis .'� `°� day of September, 2009
��G(� �(i�^-5��.t',vn.�-�aG/�-W�+�2
Notary Public
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DEPAR'IMENT OFSAFETY ANDINSPECTIONS
Bob Kessler, Drrector ��A�e �} fi -2
l O't/ O '
CIT�' �F SAINT PAUI- COMMERCEBUILDING Telephone- 651-266-8989
Christopher B Co[empn, Mayor 37J Jackson Street, Surte 220 Facsrmde 6iI-266-9I24
St Paul, Mmnesola 55/O7-B06 Web �v�r�v stoaul eov/ds�
August 4, 2009
Kelly J. Ochis
1688 Stickney Avenue
South St. Paul, MN 55075
RE: Delinquent Massage Practitioner License
Deaz Kelly Ochis:
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 25, 2009 or we will submit your unpaid account to the City
Attorney's office for adverse action against your license. Please remember you must
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 651-266-8989.
6
Sincerely,
Patricia McGinn
Office Manager
AA-ADA-EEO Employer
565
Renewal Invoice
CITY OF SAINT PAUL
I❑ Check this box if making any name, mailing address or phone # Department of Safety and inspections I
�I corrections. Please write the changes on this form. if your 375 Jackson Street, Swte 220
' business license address is changing, please request a new Saint Paul, MN 55101-1806 ',
business license application PHONE. (651) 266-8989
FAX: (651) 266-9124
July 30, 2009 An Equal OpportuniTy Employer
KELLY J OCHIS
�fIVO1C0 #:657214
1688 STICKNEY AVE Invoice Due Date : Upon Receip: I
SOUTH ST PAUL MN 55075
AccountBalance� $?26.00
Pay this Amount: 512s.00
HOME PHONE: 651334-0755
Transaction Description
Inv. 643372 080001565 Massage Practitioner Expires: 04/30/2009 @ 411
Inv: 649373 Late Fee 7-30 days late (10%)
Inv: 651738 Late Fee 31-60 days late (10%)
Inv: 653861 Late Fee 61-90 days late (10%)
Late Fee 91-120 davs late (10%1
Requirements
7rensaction Total
9.00
9 00
9.00
9.00
Invoice Amount Due: $126.00
Your account is overdue. Please mail payment today!!
` Submit insurance cedificate showing coverege of $'I,000,000 general liability and $7,000,000 professional liabiliry; with the City of Sa�n? Paul named as
an additwnal insured and a 30-day notice of cancellation. Insurance cedificate forms must be made out in the name that the license is in an show a policy
number. The license expirahon date will run concurrent with the insurance ezpiration date.
' Submit proof of affiliation from a City of Saint Paul hcensed iherapeutic massage center (commercial or home locahon), or, state licensed health facility
(ie. physician's office, chiropractor's office, nursing home,...). All centers must be locatetl within the City of Samt Paul
' LICENSES ARE NO7 TRANSFERABLE from person to person, nor from place to place, nor a transfer of stock in a corporate licensee, nor of shares or
mterests in a padnership or other Iegal entity, pursuant to City of Saint PaW Legislative Code 3� 0.11.
' You must notify DSI by applying for a new massage preditioner license if you plan to move and/or relocate affiliation srtes
Please Give Us Your Email Address:
Piease Return this invoice with your payment!
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Chapter 310. Uniform Licen "rocedures Page 1 of 3
��,�; 2 � ✓ �"
(m) Presumpfive penaltres for certarn 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 and 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 sha41 apply where a specific vio{ation 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 fi�e amount tor 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 penalties 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:
Type of Violation Appearance
1st 2nd 3rd 4th
1 Violations o# canditions $500.00 fine $2,000.00 fine
( ) $1,000.00 and 10-day Revocation i
placed on the license fine suspension
(2) Viola!icn 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 flne 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
DS I 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 fefony
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 under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payable without hearing .