09-1261Council File # 09-1261
GreenSheet# .�(� J`" �
RESOLUTION
SAINT PAUL, MtNNESOTA
Presented by
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WF�REAS, verse ac � n was taken against the Health/Sport Club license held by CorePower
Yoga, LLC d/b!a CorePower Yoga (License ID #20060004276} for the premises located at 867 Grand
Avenue in Saint Paul by Notice of Intent to Suspend License dated October 1, 2009, alleging licensee
failed to submit the required Certificate of Compliance Minnesota Workers' Compensation Law form; and
6 WHEREAS, the licensing office recommended license suspension and per Saint Paul Legislative
7 Code §310.05 (m) (2), a$500.00 matrix penalty; and
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9 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the
10 required Certificate of Compliance Minnesota Workers' Compensation Law form and pay the $500.00
11 matrix penalty; and
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WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to submit the
required Certificate of Compliance Minnesota Workers' Compensation Law form and pay the $500.00
matrix penalty by October 12, 2009, that the matter would be placed on Che consent agenda to impose the
recommended penalty; now, therefore, be it
RESOLVED, tbat the Healtt�fSporC Club license held by CorePower Yoga, LLC d/b!a CorePower
Yoga is hereby suspended and tbe licensee is ordered to pay a matrix penalty of $500.00 for failure to
submit the required Certificate of Compliance Minnesota Workers' Compensation Law form in order to
maintain their license. Paytnent of such penalty shall be made within thiriy days of the date of the
adoption of Chis resolution.
Adoption Certified y Coun '1 Secretary
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By: j A
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Approved by r: ate
By:
Requested by Depaz[ment of:
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By. �
Form Appr�d by City Attorpey�
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BY� Ur6w.ww�� l
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Form App ed y Ma} �for Su ' t ouncil
By: � l.
Adopted by Council: Date \\—\'Z—���G(
09-1261
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
S � _ Dept. of Safety & Inspections � 26 OC7 2009
: Contad Pereon & Phone:
Virpinia D. Palmer
, 266-8710
Must Be on Counc I Agenda by (Dati)� ��
� 12-NOV-09��� �
�, Doa Type: RESOLUTION (
E•Document Required: Y
Document Contact: JNie Kraus
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Assign i
Number j
For
Routing
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Order }
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Contact Phone: 266-8776 � �
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ToWI # of Signature Pages _(Ciip All Locations for Signature)
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Green Sheet IdO: 3085959
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Approval of the attached resolution to take adverse action agains[ the HealttdSport Cluh license held by CorePower Yoga, LLC d(b/a
CorePower Yoga (License ID #20060004276) for the premises located at 867 Cnand Avenue in Saint Paul.
Recommendations: Appmve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracks Must Answer the Following Questions:
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person(firm 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, lssues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit the required Certificate of Compliance Minnesota Workers' Compensation Law form. After notifica6on,
licensee did not respond to the Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalry.
Disadvantages {f Approved;
Disadvantages If Not Approved:
Tofal Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
GosURevenue Budgeted:
Activity Number.
October 26, 2009 4:02 PM Page 1
09-1261
OFFICE OF'IT� CITY ATTORNEY
John J. Chor, CilyAttomey
SA[NT
°" CITY OF SAINT PAUL CrvilDrvision
� Christopher B. Coleman, Mayor 400 CityHal! Telephone: 651266-87i0
15 West Kellogg 8lvd. Facsimile: 657 298-5679
AAAA SaintPaut, nainnesota ssto2
October I, 200R
NOTICE OF INTENT TO SUSPEND LICENSE
OwnerlManager
CoreFower Yoga
867 Grand Avenue
St. Paul, MN 55105
RE: Health/Sport Club license he]d by CorePower Yoga, LLC dlbla CorePower Yoga for the premises located
at 867 Grand Avenue in Saint Paul
License ID #2QQ6Q004276
Deaz Sir(Madam:
The Department of Safety and Inspecrions (DSn has recommended suspension of the Health/Spon Club
license held by CorePower Yoga, LLC dlbla CorePower Yoga for the premises located at 867 Grand Avenue in
Saint Paul. The basis for the tecommendation is as follows:
On August 7, 2009, you were sent a letter from the Department uf Safety and
Inspections (D5I) stating that your license renewal was placed on hold until you
submitted a comp{eted Certi�cate of Comnliance Minnesota Workers'
Comnensation Law form. You were given un61 August 21, 2009 to respond. As of
today's date, the form has not been received.
In addition [o the suspension of your Health/Spozt Club license, per 5aint Paul Legis3ative Code §310.05 (mj
(2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit the required informa6on to
maintain your license.
At this time, you have three options on how to proceed:
You can submit the Certificate of Compliance Minnesota Workers' Com�ensation Law form and pay the
$500.00 matrix penairy. If this is yow choice, you should send the form and payment directly to the
Department of Safety and Inspecfions, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no
later than Monday, October 12, 2009. Informa[ion should be directed to the attenfion of Christine Rozek.
A seif-addressed envelope is enclosed for your convenience. Submission of ffie reguested informa6on and
payment of the $500.00 matrix penalry will be considered to be a waiver of the hearing to which you are
entitled.
Affiiri12hV0 ACtiOn Eollal CMnnrtunitv F.mnlnver
09-1261
CorePower Yoga
October 1, 2009
Page 2
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 ihe facts and requesting a public
hearing. We will need to receive your letter by Monday, October 12, 2009. The matter will then be
scheduled before the Ciry Council for a public hearing to deternune 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 longet 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 Inspections, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, October 12, 2009. Information should be directed to the
attention of Chris6ne 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 $500.00 matrix pe»alty. In that case, the matter wi11 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 TiemeylVirginia D. Palmer
Assistant City Attomey
cc: Christine Razek, Deputy Director of DSI
Trevor Tice, 1325 Adams Street, Denver, CO 80206
STATE OF MINNESOT
09-1261
f ss. AFFIDAVIT OF SExVICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the �± day of
October, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by glacing
a tnae and cortect copy thereof in an envelope addressed as follows:
awnerlManager
CorePower Yoga
867 Grand Avenue
St. Paul, MN 55105
Trevor Tice
1325 Adams Street
Denver, CO 80206
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States maii at St. Paul, Minnesota.
Jul Kraus
Subscribed and sworn to before me
this �day of October, 2009
� ��� , � _ .�,�
Not Public
RITA M. BOSSARD
fqTARY PUBLIG MINNESOTA
MYCOMMISSION .
EXPIRES �.AN 3", ?" , ,; tr
-..-y -., �e
09-1261
DEPARTMENTQFSAFETY ANDtNSPECTIONS
Bob Ke3sler, DirecWr
CTTY �F S'f�INT Pl��. 375Jac7uan Street, Suite 220 Telephone. 651-266-8989
ChristopherB. Colem¢n, Mayor St. Paul, Minnesot¢ 55101-1806 Facsimite: 65I-266-9040
Web: www.smoudgov/dsi
August 7, 2009
CorePower Yoga, LLC
86� Grand Ave
Saint Paul, MN 55105
Re: License 20060004276
Dear License Holder,
We are unable to send your license to you because one or more ctitical element is missing from
your applicationfrenewal materials.
You still must provide to us:
A completed Certificate of Compliance Minnesota Workers' Compensation Law form. A
copy of this form is included in this envelope far you to flll out and retum.
This form must be returned to our oftce no later than two weeks from the postmark on
this letter, or AuEUSt 21, 2009, whichever is later.
Mail to: Departrnent of Safety and Inspections
Attention: Licensing
375 Jackson St, Suite 220
Saint Paul, MN 55101-1806
Or, use the enclosed retum envelope.
Failure to comply with this request by the stated deadline will result in the initiation of an
Adverse Action by the City Attorney's Office. The end result of an Adverse Action could be the
revocation of your license.
Your prQmpt attenrion Yo this requirement is greatly appreciated.
Sincerely,
Christine Rozek
Deputy Director
Departmettt of Safety and Inspections
651-266-9108
enclosure(s)
AA-ADA-F.Rn F.mnlnver
Chapter 310. Uniform Licen 'rocedures
Q9-1261
Page 1 of 3
(m) Presumptive penalties for cerfain violations. The purpose of this section is to establi�h 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 ali license types, except that in
the case of a viofation involving a liquor license § 409.26 shall apply where a specific vioiation 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 multipfe violations in one (1) appearance,
All penalty recommendations for chapter 331A violations shall be based on the food penalty
guideline referred to in chapier 331A. These pena(ties are presumed to be appropriate for every
case; however tfie co�ncil 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 shal! provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Vioiations of conditions $500.00 fine $1,000.00 $2,000.00 fine Revocation
placed en the license fine and 10-day
suspension
{2) Violation of provisions of $2,000.00 fine
the fegisiative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity f � 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 ry5-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 $1,5�0.00 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 3�-day 60-day
harm in establishment
related to violation of Iaw or suspension suspension Revocation n/a
license conditions
(8) Failure to pay license Revocation
fees
(9) Criticaf violations under $1,000.00, 5- Revocation
331 A $250.00 $500.00 day
suspension
(10) Non-critical violation $150.40 $250.00 $500A0 $1,000.00
under 331A
(i) Fines payab/e withouf hearing .