The URL can be used to link to this page

09-21Council File # p9" a 1 Green Sheet #3064841 CITY Presented by �� 1 WHEREAS, adverse action was taken against the Tattoo Parlor license held by Jennifer E. Cobb 2 d/b/a Planet Ink (License ID#19990003186) far the premises located at 1499 University Avenue in Saint 3 Paui, by Notice of Violation dated November 21, 2008, alleging that on September 19, 2008, an employee 4 of the licensee pled guilty to Misdemeanor Body Piercing Prohibited — Under Age 18 w/out Written 5 Consent of Parent of Guardian in violation of Minn. Stat. §325F.814.1 and Saint Paul Legislative Code 6 §367.05; and 8 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (4), the licensing office recommended a 9$700.00 matrix penalty for the commission of a crime other than a felony on the premises by a licensee or 10 employee; and 11 12 WHEI2EAS, the licensee did respond to the Nofice of Violation to request a hearing which was 13 held on Januazy 7, 2009; now, therefore, be it 14 15 16 17 18 19 RESOLVED, that Jennifer E. Cobb d/bla Planet Ink is hereby ordered to pay a matrix penalty of $700.00 for the body piercing of a minor in violation of Minn. Stat. §325F.814.1 and Saint Paul Legislative Code §367.05. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolurion. Bosuom Carter Stark Adopted by Council: Date RESOLUTION SAINT PAUL, MINNESOTA Absent Requested by Department of: � �� Adoption Certified by Council Secretary /� By: r p Approved b � yor Date I��p�J ��;--- By: BY� ��.atiGvt.e� T�1 �� Form Ap roved by City Attomey BY� I� �I1.CLt1uI Form A ve b Mayor for S missi to Council By: L C� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 69��-1 �epartmenYOffice/Council: Date Initiated: S� _Dept.ofSafety&Inspections I p3-DEC-08 Green Sheet NO: 3064841 Confact Person & Phone: Rachel Tiemey 266-8710 Must Be on Council gen o��nra-os ��u.bi Doc. RESOLUTION i � Assign by (Date): Number _I,� Por G ftouting Order E-Document Required: Y Document Contact: �ulie Kreus ConWM Phone: 2668776 Total # of Signature Pages (Ciip All Locations for Signature) 2 I(StvAttoruev 'I f � 3 ° �Vlavor•sO�ce MayodAssistaot i � 4 ,. ouncit j --- � Approval of the attached resolution to take adverse action against the Tattoo Pazlor license held by Jennifer E. Cobb d/b/a Planet Ink (License ID#19990003186) for the ptemises located at 1499 Universiry Avenue in Saint Paul. RecommendaGons: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service CoMracts Must Answer the Folfowing Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personffirtn possess a ski11 not normally possessed by any current City employee? Yes Na E�cplain all yes answers on separate sheet and attach to green sheet. Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): On September 19, 2008, an employee of the licensee pled guilty to Misdemeanor Body Piercing Prohibited-Under Age 18 w/out Written Consent of Pazent or Guardian in violafion of Minn. Stat. Section 325F.814.1 and St. Paul Legislative Code Secdon 367.05. After no5fication, licensee requested a pvblic headng. Advantages If Approved: $700.00 matrix penalty as per St. Paul Legislarive Code Section 310.05 (m)(4). DisadvantageslfApproved: None. Disadvantages If Not Approved: ToWI Amount of Transaction: Funding Source: Financiai Information: (Euplain) CosURevenue Budgeted: Activity Number: December 4, 2008 10:03 AM Page 1 OFFICE OF THE CITY ATTORNEY John Choi, CiryAftomey bti�2�) SAINS PAUL CITY OF SAINT PAUL CivilDivision � Christopher8. Coleman, Mayor 40QCityHal! Telephone: 651266-8790 lSWestKellogg8/vd. Facsimile:651298-S619 AAAA SaintPaul, Mnnesota 55f02 December 4, 2008 NOTICE OF COUNCIL HEARING Jennifer E. Johnson Cobb Planet Ink 1499 UniversityAvenue St. Paul, MN 55104 RE: Tattoo Parlor license held by Jennifer E. Cobb d/b/a Planet Ink for the premises located at 1499 University Avenue in Saint Paul License ID #: 19990003186 Dear Ms. Cobb: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, January 7, 2009 at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on September 19, 2008 one of your employees pled guilty to Misdemeanor Bodv Piercine Prohibited — Under Age 18 w/out Written Consent of Parent or Guazdian in violation of Mmn Stat. §325F.814.1 and Saint Paul L,egislative Code §367.05. This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. Per Saint Pau] Legislative Code §310.05 (m) (4), the licensing office will recommend a$700.00 matrix penalry. If there is anv informaflon vou would like Citv Council to review prior to the oublic hearin I will need to receive it no later than Mondav December 29 2008 Very truly yours, (2 �„c�,e I � Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI v1�Iary Erickson, Council Secretary Jennifer E. Cobb, 2003 Todd Drive, Arden Hills, MN 55112 Jun-Li Wang, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Planet Ink 1499 University Avenue St. Paul, MN 55104 b�-2�l Wednesday, January 7, 2009 @ 5:30 p.m. Violation: On September 19, 2008 an employee of the licensee pled guilty to Misdemeanor Bodv Piercing Prohibited — Under A�e 18 w/out Written Consent of Parent or Guardian in violation of 1Vrnn Stat. §325F.814.1 and Saint Paul Legislative Code §367.05. Date of Violation: November 29, 2007 Recommendation of Assistant City Attorney on behalf of dient, Department of Safety and Inspections: $700.00 matrix penalty Attachments: 2. 3. 4. Proposed resolution Copies of ECLIPS screens dated 11/12/08 Supplemental Offense/Incident Reports dated 12/11/07 CriminaUTraffic/Petty Case Records Search Results and Register of Actions from MNCIS System dated 12/3/08 5. Notice of Violation with Affidavit of Service dated 11J21/08 6. Letter from licensee requesting a public hearing dated 11/28/08 7. 2008 Minnesota Statute §325F.814 8. Saint Paul Legislative Code §367.05 9. Saint Paul Legislative Code §310.05(m)(4) t,icense Group Comments Text Licensee: )ENNIFER E COBB � PLANET INK License #: �g990003186 11H2/2008 bq, �-1 7 7/12/2008 To CAO for adverse action. 310(m) (4)rewmmends a 5700 penalty. To CAO for adverse action. CAR 09/19/2D08 Person working at the Planet Ink shop was convicted of piercing without parental consent, a violaiion of state slatute.CAR 1 V29/2007 CN07243298 reports that someone under the age of 78 received a tongue pierce at Planet ink. CAR 04/22/2005 Rcvd 57,000.00 for fne. AMW 04/13/2005 Sent Fine letter (51,000 due 5/6/05). LAB 04/06/2005 Counal Resolution (CF 05-286) imposed 51�00 fine, payable w4hin 30 days. RS Ot/OS/2005 CAO sent NoLCe of Council Heanng for 5:30 p.m , Wed., Jan. 19, 2005, in the City Council chambers. RS 12/ /2004 - AW recommends 5600 penalty and i;icense conditions for unsanitary conditions but does not believe that the cRy proved underage tattoo. CAF 10/20/2004 CAO sent Notice of Hearing; ALJ hearing to be held Nov. 16 at 9�30 a.m. in room 41, city hall. RS 09/28/2004 CAO sent Notice of Valation fos unsanitary conditions & fattoomg mmors without pareMal consent; deadfine to respond is Od 8 RS 09/082004 To CAO for adverse action for failure to maintain records, tattooing of a person under the age of 18, and failure to maintain sanitary conditions. 51000 fine and license conditions. CAR 08/20/2004 Received written summary from BAMS of her inspection adivities at this establishment. CAR OS/17/2004 6AMS reinspected shop. BAMS continues to work with licensee on upgrades to the shop. CAR 05/13/2004 Received written documentation by RJ of his inspection activities at this establishment. CAR 04/OS/2004 RJ reviewed consent forms for 12/03-1/04. There was no consent form/age verification for the complainanYs daughter. CAR 03/24/2004 f2J scheduled to review shop records. Licensee cancelled. CAR 03/18/2004 RecRived witten complaint regarding talloo shop domg work on minors and opera4ng under uosamtary conditions CAR 03/16/2004 Reopened by BAMS at 2:30 Met minimal health standards Will recheck within 30 days 03/12/2004 BAMS, EH inspector visited the estabhshment Conditions warrant voluntary closure by licensee. BAMS will reinspect on o3/15/2004 CAR 03/09/2004 Received complaint indicating that tattoo shop is doing work on minors without checking ID Also complained that shop was dirty. CAR I.icense Group Conditions Te�ct Licensee: JENNIFER E COBB DBA: PLANETINK License#: �9990003186 O�� G' 7 117 3/20 0 8 7. In accordance with Chapter 367 of the Legislative Code, no person under the age of 98 shall be tattoed. 2. The entire facility shall be open to inspection by the health officer at all times. 3. The premises shatl be operated in a safe and sanNary manner in accordance with rules promulgated by the Office of License and Inspections. 4. Each customer must present a picture ID when obtaining a tattoo. Customer records shall be available for inspection, and at a minimum shall include the date the tattoo was given, the name of the customer, the name of the tattoo artist perfortntng the work, the signature of the customer, and a copy of the picture ID used by the customer to obtain the tattoo. Licensee Name: DBA: Sales Tax Id: �JENNIFER E C06B �LANET IN4t �- 3 Find Now OK � Cancel 3 New Search j Heip � Address Licensee { Corrtact � License � Cardhalder � i Nevu Group.� New Temp Grp_ � Copy Group... Add License...�� Properties... � License � Licensee � Lic. Types � insura�ce i Property �' Licensee 3' Unofficial Street #: 499 Street Name: NI'VERSITY Street Type: � AVE Direction: � Unit Ind: �� Unit #: � City: T PAUL State: 1N � Zip: 551 D4 Ward: 3� Browse Dist CounciL 11 � Licensee: �IENNIFER E COBB � DBA: LANET INI{ j Sales Tax Id: IA � Bus License Type � Tattoo Parlor -�� "�_�� Li�ense # 90003186 ) 646-1494 � Bond � Rsquiremerrts � � Project Facilitator: ASUNCION, CORINNE T � Adver Actin C o m mercts I� I License Group CommeMs: , 1 t12f20a8 To CP,O for adverse action. 31 �(m) ' 4)recommends a$700 penaRy. To CAO far adverse etion. CAR 9t19f2�08 Person working et the Planet Ink shop was onvicted of piercinq without parerdal conserrt, a Licensee Commerrts: Class Effective Expiration R OSr27M 999 05l26f2009 Tofal: Saae Changes to History Conditions License Fae N $333.�0 �333.0!D Cancel Help License Licensee � Lic. Types � Insurance � 8ond � RequiremerRs � Licensee Name: ENNIFER E COBB DHA: �LANET INK Sales Tax Id: !A Non-Profit: �+�torker's Comp: ONaN000 AA Contract Rec'd: ON�l��QD AA 7raining ftac'd �tCIQNfl4� AA Fee Coliected: OA70�q000 Discour7t Rec'd: � Other Addr sing Agency Name 1 License Type License # Expirati � this Licensae Active Inac3ive Last Name First Name ___- -_ _.— --- _ ----_--- - --- ..�_... 04CZZC240500NO/OOO�COBB JENNIFER osn sr�oosooroor000�coee 05C17M 99905M 6C200�COBB �'�>_ --- - `;;; I Backgraund Check Required �" JENNIFER JENNfFER SOLE PROPRIE(651) 646-1494 (651 -Mail Invoice To: - SOLE PROPRIE(fi51) 646-14fl4 (651 y�°: ��{ To Contac � � �' License Addre � � _. __ __ ---- -___ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; Cordact Pr erties... € ........................: �..................�: Properties... Financial Hold Reasons n � Reason Rctive Date r Mail License To: Title Bus. Phone Ho j g; Mail To CaMac (651) 646-1494 (651 i � License Addre �� z � Li��n�e ?# �9900d3186 Save Changes to History � pK ��ncel Help Licensee ENNIFER E CO88 DBA LANET INI( License � Licensee License Type: Tattoo Parlor Effective: j�_° Apply DiscourR: j Replace Fee: � Lic. Types � Insurance � Band 199 Expiration: St26t20�9 Remove Discaurrt: � Discount Rec'd: � # of Units: � 1 Name � Requiremerrts } License Class: � Status: ctive SYatus Changed: �]SM 2l�0�$ Application Date: 5t 999 _Phone # � Add Remove Add Masi RemoWe Tag #: � p CNIVIN Fields License Type Co mmerrts(lang): � _`i Li�en�e a �9900d3186 Sa�e Changes to History �"` � 1 of1 �h° 014 � Cancel � Help ��HAW1tiNS, JEFFREY �Zoning (651j 266-9083 Saint Paul Police Departme br� �,) Pa9e '°" SUPPLEMENTAL OFFENSE / INCIDENT REPORT Comptaint Number Reference CN 07243298 Pnmary offense: INVESTIGATE-AND ALL OTHER Date and Time oi Report 1 2/1 1 /2007 08:52:00 ��fl ��A P �at� Z'rn ��c�° Restnctiors� A��Y ��an��ot� Sk�taaie 13.�� Pnmary Reporting O�ce�: SCI10@n, David A Pnmary squad: Secondary reporting o�cer. App�over. DisMct 1 /�/gSt2�f1 Site: Arrest made: Secondaryo Police 01/�cer Assaulted or Injured: Crime Scene Processed: Name oflocatioN6usiness: Location ofincident: 1499 UNIVERSITY AV W ST PAUL, MN 55104 Date & time of occurrence: 1 �/pg/2007 16:00:00 to 11 /29/2007 16:00:00 Police OfficerASSisted Suicide: NARRATIVE I, Sgt. Dave Schoen, am assigned to the Vice Unit, 1 work o�t of the Department of Safety & Inspections. I received a complaint, via e-mail, from: Alexander "Sandy" Templeton, 06/18/60, 151 So. Shore Ct. Chanhassen, MN 55317, 952-829-9186. Sandy stated his 14 yr. old daughter, Rhona Stuart Templeton, 01/08/93; came home w/ her tongue pierced. Sandy discovered that she had gone to Planet Ink, 1499 W. University in St. Paul, and paid $60.00 for the piercing. Sandy researched the MN statutes and requested an investigation because of the {aw which requires minors to have parental permission to have a piercing, and Rhona did not have permission. Sandy informed me that the piercing had already began to heal and stated a picture would not show any evidence of a piercing. Sandy said Rhona went to St. Paul w/ a friend named Lexi Tully, ( full name is Alexis Lynn Tully, 03l21/90 j, and another girl named Andie, ( no other info on Andie ). This was during the afternoon of 11/29/07. PUBLIC NARRATIVE Saint Paul Police Departme� /y(•�'� Pa9e '°" SUPPLEMENTAL OFFENSE / INCIDENT REPORT Complaint Number Reterence CN 07243298 Pnmary o//ense: INVESTIGATE-AND ALL OTHER Date and Time of Report �� 1 2/1 1/2007 08:15:00 �ata �'rivacy Kz�,tncti�ms,y��i�, �arone5oka SE�taate 13.�2 Pnmary RepoRing Officer. Schoen, David A P�imary squad: Secondary reporting officer.� Approver: Districh �A/eStBfn Site: Arrest made: Secondary oflense: Police O�ce� Assaulted or Injured: Crime Scene Processed: Name of IocatioNbusiness: Cocation ofincident: 1499 UNIVERSITY AV W ST PAUL, MN 55104 Date & time of occunence: � �/pg/z007 16:00:00 to 11/29/2007 16:00:00 Police OfficerAssisted Suicide: NARRATIVE On 12-10-07 at approx. 1300 hrs., Sgt Gromek and I went to Planet Ink, 1499 W. University Ave. We were greeted by a man who verbally identified himself as "Bobby". We identified ourselves as Police Officers and asked for his full name. Bobby said he was: Robert Albert Johnson, 06/21/59, 1767 Thomas Ave. in St. Paul, C # 651-494-8571. ( I later checked the MN DVS database and verified his identity ). I explained to Johnson why we were talking to him. I showed him a picture of Afexis Tully, he immediately said "thaYs Lexi". Johnson said she is a regular and brings in a lot of customers, he said he has not seen her for about three weeks. I told him she was in on 11/29/07, Johnson said'that sounds about righY. I asked him if he did a Piercing that day, he said he may have. Johnson recalled two giris w/ Lexi the last time she was in. I told him that the father of the girl he did the tongue piercing to had complained that he was not notified. Johnson said he always checks ID's and photocopies their DL's on the back of their release form, ( copy of form in file ). Johnson looked in his files and did not produce any forms w/ Templeton's name. I again asked him if he pieced the tongue of a friend of Lexi, Johnson hesitated, saying he could not find the paper work. I asked "did you do a tongue piercing that day". Johnson nervously said "I probably did, Lexi carries a lot of weight here, I probably did iY'. Johnson said 'Lexi is a regular and spends a lot of money in the shop, she usually gets what she wants'. Johnson said he was aware of the law that requires anyone under 18 to have a parenYs permission. He stated he normally would photocopy both the customer and the parents DL's and have them both sign the waiver. He said he did not have any paperwork on Lexi's visit on 11/29/07. PUBLIC NARRATIVE Saint Paul Police Departme� p�j 2'� Pa9e '° , SUPPLEMENTAL OFFENSE / INCIDENT REPORT Complamt Number Reference CN 07243298 Pnmary offense: INVESTIGATE-AND ALL OTHER Date and Trme of Report �,�� '�'�! 12/11/2007 10:01:00 �� fi'rivac� KeStr�ct��r,s A�P�g� �'ia�ea��a ��u�ate E�.�� PnmaryReportingOBicer.� SChOen, Pnmary squad� Secondary reporting oKcer. Approver. District: �I�/eSt2ffi Site: Anest made: Secondary offense: Police O/ficer Assaulfed or Injured: Crime Scene Processed: Name of location/business: Locanon ofincident: �499 UNNERSITY AV W ST PAUL, MN 55104 Date & time of occurrence: 11 /pg/2007 16:00:00 to 11 /29/2007 16:00:00 Police Officer Assisted Suicide: NARRATIVE On 12-11-07, I spoke w/ Officer Mike Kleber, from Chaska Police. He is the school Resource Officer for Chaska High School. Officer Kleber arranged a phone interview with Lexi. I spoke to her and she told me her full name is: Alexis Lynn Tuily, 03/21/90, 2329 Lukewood Dr. Chanhassen, MN 55317, H# 952-934-4351. Lexi told me she is friends w/ Rhona, however she was unsure of her last name. Lexi said she brought Rhona to Planet ink on 11/29/07, and requested a tongue piercing for Rhona. Lexi said she is friends w/ Jenny, the owner of Planet Ink ( the license holder is Jennifer E. Cobb ), and told her it was OK. Lexi said Rhona wanted her tongue pierced and told her that her Sather said it was OK. Lexi said Jenny asked if Rhona's father was aware of the situation, Lexi said she told her it was OK, and Bobby did the piercing. I asked Lexi if she was aware of Rhona's father being upset. Lexi said that Jenny called her yesterday after the police had visited her shop. Lexi confirmed that a girl named Andi Ball was w/ them at the time. Officer Kleber checked the school registerer and found: Andi Lynn Bail, 05/19/91. PUBLIC NARRATIVE Page 1 of 1 �� Criminal/Traffic/Petty Case Records Search Results Lcgwt Searoh ��enu i.esv Gimfnab'Trz�SdPeiy Se2rch Search Crderia: 62k808000957 Location � Ali PANCIS Sifes- Case Search Hefp Case Number CiYation Number Defendant Name1D<FiledfLOCation Type�Status Charge(s) 62-KGOS-000957 JOHNSON, ROBER Misdemeanor Body Piercing - Prohibited - Under 0621/1959 RamseyCriminaVTrUnderCourtJunsdic http://pa.courtsstate.mn.us/CaseSeazchResults.aspx?SearchLinkIndex=l 12/3/200A Page 1 of 2 ��f- 2� � Logaut Searcn ivtenu Ne�:� GrimfnaLTraffic;Petty Search Back REGISTER OF ACITONS CasE No. 62-K6-O8-000957 The State of Minnesota vs. ROBERT ALBERT JOHNSON, [7 � 2907J Lo:ation . AII tJiNCIS S:tes - Case Searcn Help Case Type: Misdemeanor Date Filed: 03N412008 Ramsey Loration: CriminallTraffic/petty Downtown PARTY INFORMA'fION Defendant JOHNSON, ROBERTALBERT 06/21/1959 Lead Attorneys MORGAN, LEAH MARIE Public Defender Jurisdiction StateofMinnesota CHARGEINFORMATION Charges: JOHNSON, ROBERT ALBERT 1. Body Piercing - Prohibded - Under Age 1S w/out Written Consent of Parent or Guardian Sptute Level Date 325F.814.1 Misdemeanor 11/29/2007 EVEN'[S & ORDERS OF THE COURT DISPOSIT[ONS Plea (Judicial Officer: Marrinan, Margaret M.) 1. Body Piercing - Prohibited - Under Age 18 w/out Written Consent of Parent or Guardian Guilty 09/19/2008 09/19/2008 Disposition (Judicial O�cer: Marrinan, Margaret M.) 1. Body Piercing - Prohibited - Under Age 18 w/out Written Consent of Parent or Guardian Convicted Sentenced (Judicial Officer. Marrinan, Margaret M.) 1. Body Piercing - Prohibited - Under Age 18 w/out Written Consent of Parent or Guardian Local Confinement: Agency: Ramsey County Correctional Faciliry Term: 45 Days Time To Serve: 16 Days Stay 29 Days For 1 Yr Credit For Time Served: 16 Days Status. Adive 09/19/2008 Probation - Adult: Type' Probation to the Court Agency: Ramsey Co District Court St. Paul Tertn of � Yr 09/19/2008 - 09/19/2009 Status: Active 09/19/2008 Fees -Adult: (Grand Total: $228.00) Due 09/19/2008 Fine: $300.00 Fees: (Fees Total: $78.00) Criminal Surcharge: $73.00 Law Library: $5.00 Stay of $150.00 for 7 Yr Condition -Adult: 1. No same or similar, 09/19/2008, Active 09/19/2008 2. Released on own recognizance, 09/19/2008, Active 09/19/2008 OTHER EVENTS AND HEARINGS 03/14/2008 FLD-Case Filed 05/13/2008 tst Appearance District Court (1:00 PM) (Judicial �cer Marrinan, Margaret M.) 05/13/2008 Reset 6y Court to OS/13/2008 Result: Held http://pa.courts.state.xnn.us/CaseDetail.aspx?CaseID=672316908 12/3/2008 Page 2 of 2 6q- 2�1 05/13/2008 O5l19/2008 07/18l2008 07/18/2008 D7/21/2008 0727/2008 0729/2008 08/08/2008 08/08/2008 09/18/2008 09/19/2008 09/19/2008 09/19l2008 09/19/2008 09/19/2008 09/19/2008 Warrant Issued Other pocument Posted Cash or Surery Bond Warrant Cleared by Arrest Non-Cash Bond Posted Notice and Order to Appear Retumed Mail Amaignment (1:00 PM) (Judicial Officer Guthmann,John H. ,) Result: Held Cash/Surety Bond Forteited Warrant Issued Warrant Cleared by Arrest Arraignment (8:30 AM) (Judicial Officer Marrinan, Margaret M.) ResulF. Held Interim Condition for JOHNSON, ROBERT ALBERT - Pay bail $500.00 Criminal Judgment and Warrant of Commitment Notice-Pay or Appear Order Granting Public Defender Released Own Recognizance I`7NANCIAL INFORMA770N Defend ant JOHNSON, ROBERT ALBERT T otal Financial Assessment T otal Payments and Cretlits Bai ance Due as of 12/03/2008 08l11l2��8 09/19/2008 I' ransaction Assessment � ransaction Assessment 428.�0 200 00 228.00 r�� 228.00 http://pa.courts.state.xnn.us/CaseDetail.aspx?CaseID=672316908 12(3f20Q8 ��/ SAtNT PAOL CITY OE SAINT PAUL � Chris[opher B Colemax, Mayor AAAA November 21, 2008 OFFICE OF TI-IE CITY ATTORNEY John J Chai, CityAnamey Civ+lDivision 400 Ciry Hall 15 West KeUogg B(vd. Sain(Pau{ Minnesom 55702 Telephone: 651266-Si10 Facstmile. 651298-56I9 NOTICE OF VIOLATION Jennifer E. Cobb Planet Ink 1499 University Avenue St. Paul, MN 55104 RE: Tattoo Pazlor license held by Jennifer E. Cobb d/b/a Planet Ink for the premises located at 1499 University Avenue in Saint Paul LicenseID #19990003186 Deaz Ms. Cobb: The Department of Safety and Inspections (DSI) has recommended adverse action against the Tattoo Pazlor license held by Jennifer E. Cobb d/b/a Planet Ink for the premises located at 1499 University Avenue in Saint Paul. The basis for the recommendation is as follows: On November 29, 2007, a Police Sergeant working for the Department of Safety and Inspections received an email complaint from the father of a 14 year o►d girl who came home that day with her tongue piemed. He said she told him she had gone to Plauet Ink that afternoon with a friend named "Lexi" and another girl. He said he had researched Minnesota Statutes and wanted an invesNgafion because he had not given her permission to get her tongue pierced. On December 10, 2007, that same Police Sergeant and his partner came to your establishment and spoke with one of your employees (Robert Albert Johnson). When shown a picture of "Lexi" the employee recognized her and said that he recalled her being in that day for piercings with two friends. Police then informed him that the father of one of the girls he pierced had filed a complaint because he had not given his daughter permission. Mr. Johnson said he always checks ID's and photocopies their driver's licenses on the back of their release form. Mr. Johnson looked in his files but could not produce any forms with the 14 year old girl's name on it. When police questioned him further about whether he recalled doing a tongue piercing that day, he said "he probably did because "Lexi" was a regular and spends a lot of money in the shop. She usually gets what she wants." He said he was aware of the law requiring anyone under eighteen (18) to get a parent's permission. He said he normally would photocopy both the customer and the parent's driver's licenses and have them both sign the waiver. He then said he did not have any paperwork on "Lexi's" visit November 29, 2007. ��a 1 Planet ]nk November 21, 2008 Page 2 The St. Paul City Attorneys Office decided to charge this case and on September 19, 2008, Robert Albert Johnson, pled guilty to Misdemeanor Bodv Piercing Prohibited — Under A�e �8 w/out Written Consent of Parent or Guardian in violahon of NLnn. Stat. &325F.814 1 This is a violation of Saint Paul Legislative Code §367.05 which states: `7t shald be unlawful to tattoo any person under the age of eighteen (18) years. " Per Saint Paul Legislative Code §310.05 (m) (4) the licensing office will recommend a$700.00 matrix penalty. At this time you have three options on how to proceed: You can pay the recommended $700.00 matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, December 1, 2Q�8, Information should be directed to the attention of Christine Rozek. A se]f-addressed envelope is enclosed for your convenience. Payment of the penalty will be considered to be a waiver of the hearing to which you aze entitied. 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 heazing. We will need to receive your letter by Monday, December 1, 2005. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $700.00 matrix penalty. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a heazing before an Adminisfrative Law Judge. At that heazing both you and the City will be able to appear and present wimesses, evidence and cross-examine the other's witnesses. The St. Paul CiTy Council will ultimately decide the case. If this is your choice, piease let me know by Mouday, December 1, 2008, and I will take the necessary steps to schedule the administrative hearing. If I have not heard from you by that date, I wi11 assume that you do not contest the imposition of the $700.00 matrix penalty. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, OC.. �Tt/�ia.Q ��.fsL-Ir� Rachel Tiemey Assistant City Attorney ca Christine Rozek, Deputy Director of DSI Jun-Li Wang, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 Jennifer E. Cobb, 2003 Todd Drive, Arden Hills, MN 55112 STATE OF IviINNESOT ^ 1 � ss. COUNTY OF RAMSEY ) bq-al AFFIDAVIT OF SL__VICE BY U.S. MAIL Julie Kraus, being first duly sworn, deposes and says that on the 21 day of November, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as foilows: Jennifer E. Cobb Planet Ink 1499 University Avenue St. Paul, MN 55104 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 Lafond Avenue St. Paul, MN 55104-1832 Jennifer E. Cobb 2003 Todd Drive Arden Hills, MN 55112 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � � �� Julie Kraus Subscribed and sworn to before me this 21 day ofNovember, 2008 ,��,� :�� y Notary Public RITA M. BOSSARD ►DTARY PUBLIC-MIN��SOTA MY COMMISSION EXPIRESJAN 31,201 0 �i�-�� 1�q l��s �� 5}�a�.D, rYln loS� �ylo-\�`� '(bv `�,� � 2c�� bH-�l \ o �m �� mc� Con ce.�.n'. �1�i�5 �{� tS In 1'�c�rdS tp a t.�,'�}ex� -� r�ece.��e.d o n C1o� aS 2.CSJ$ ,' t1c��c. O� �/'�olc...t�ar� � � � �� e;,� c�.... m�r1o�,. ��sh � o c�a�. op�n�on a, ,�d ha.u-e_ c,..'n�� ore, -�he. S� �o,�,�.4 C�� Coc�c;►L Olz�v� c�U�eS�-�ot-� �'ce�'r�Se C� 11 S�ri►��e-� - E.•-� oh r�soYl � C.�,�- ��43�k 11�� lsc�x�se.�Q�` t�I�t5�6031b�P �c� l�"l ��k� 1�{G'� . �`c�� ou - �o� �ou..��°c'�� •. u; ,� �� ,.�_ DEC � � 2008 325F.814, 2008 Minnesota Statutes 2008 Minnesota Statutes 325F.814 BODY PIERCING. aq-zl Page 1 of 1 Subdivision l. Prolubition. No person may provide body piercing services for a person under the age of 18 without the written consent of a pazent or legal guardian. The provider of the services must witness the execurion and dating of the consent by the parent or legal guardian. Subd. 2. Definition. For the purposes of this section, "body piercing" means the perforation of any human body part other than an eazlobe for the purpose of inserting jewelry or other decorafion or for some other nonmedical purpose. Subd. 3. Penalties. (a) A person who violates subdivision 1 is guilty of a misdemeanor. (b) The public and private remedies in secfion 8.31 apply to violafions of this section. History: 2007 c 98 s 1 https://www.revisor.leg.state.mn.us/stalutes/?id=325F.814 11/13/2008 Chapter 367. Tattoo Pazlors b��-1 Chapter 367. Tattoo Parlors Sec.367.01. Definitions. Page 1 of 3 The following definitions shall apply in the interpretation and enforcement of this chapter: (1) Change of ownership: The word "change of ownership" means a licensed business is sold or transferred to another person, business or corporation. A change of ownership, as it relates to an environmental pian review, does not include the changing or adding of officers to an existing partnership or corporation or change of a mailing address. (2) Director.� The word "director" means the director of the department of safety and inspections or his/her designated agent. (3) Tattooing: The word "tattooing" means and includes any method of placing designs, letters, scrolts, figures, symbols, or any other marks upon os under the skin of a person with ink or colors, by the aid of needles or instruments. (4) Person: The word "person" means and includes any individual, firm or corporation, owner or operator of a tattooing establishment. (5) Remodei: The word "remodel" means any reconstruction, alteration or repair that requires structural, plumbing, mechanicai and/or electrical permits; changing the location of walls; expanding the area of the facility; substantially changing or expanding the character of the business. "Remodel" does not include replacing a piece of equipment with a like piece of equipment; replacing wall, floor or ceiling finishes; repositioning equipment; providing new equipment that does not significantiy alter the character of the business. The director shall have discretion in determining when this section applies. (Ord. No. 16357, §.01, 10-14-77; Ord. No. 03-895, § 1, 11-5-03; C.F. No. 07-149, § 116, 3-28-07) Sec.367.02. License. It shall be unlawful for any person to engage in the business of tattooing for a fee without first obtaining a license. (Ord. No. 16357, § .02, 10-14-77) Sec. 367.03. Investigation and inspection. (1) it shall be the duty of the health officer to investigate the premises where tattooing is proposed to be practiced, and if it shall appear to the director that the sanitary conditions prevailing upon the premises comply with the provisions of this chapter and conform to the rules and regulations promulgated by the director, the license application for the establishment shall be approved. (2) Environmentai plan review required. A person shall not begin to construct, remodel, or alter a tattoo parlor untii the director has reviewed and approved the plans and specifications required by this subsection. The tattoo partor shall be construcied and finished in conformance with the approved pians. The director may inspect the tattoo parlor as frequently as deemed necessary during construction to ensure that construction occurs in conformance with this chapter. The director shall conduct a final inspection prior to the start of operations and issuance of an approved license. If work has commenced prior to approval of plans when http://library4.municode.com/4472/DocView/10061/1/316/374 11/13/2008 Chapter 367. Tattoo Pazlors Page 2 of 3 �K' �' � required, the director may issue orders to halt the construction, extensive remodeling, expansion, or alteration, or may issue orders, including demolition or removal, if reasonably necessary to determine compliance with the standards of this chapter. (3) Change of ownership review required. Upon a change of ownership of a tattoo parlor, the director shall conduct a change of ownership review of the premises to determine compliance with the requirements of this chapter. (Ord. No. 16357, §.03, 10-14-77; Ord. No. 03-895, § 2, 11-5-03) Sec.367.04. Fee. The annuai fee for a license to engage in the practice of tattooing along with the fees for an environmental plan review and change of ownership review shall be established by ordinance as specified in section 310.09(b) of the Saint Paul Legistative Code. (Ord. No. 16357, §.04, 10-14-77; C.F. No. 99-518, § 1, 7-7-99; Ord. No. 03-895, § 3, 11-5-03) Sec. 367.05. Tattooing of minors. It shall be unlawful to tattoo any person under the age of eighteen (18) years. (Ord. No. 16357, § .05, 10-14-77) Sec. 367.06. General instructions. The tattooing license and regulations of the department of safety and inspections shall be posted at all times in a conspicuous place in the tattooing establishment. (Ord. No. 16357, §.06, 10-14-77; Ord. No. 03-895, § 4, 11-5-03; C.F. No. 07-149, § 117, 3-28-07) Sec. 367.07. Rules and regulations. The director shall promulgate rules and regulations reasonably necessary to the safe and sanitary operation of tattooing establishments after giving the parties affected thereby notice and opportunity to comment. The director shall make available at least one (1) free copy of the proposed rules and regulations to any party requesting them. The director shall allow written comments to be submitted for ten (10) days after notice of the proposed promulgation is given. If, at the end of the ten- day period, the director chooses to adopt the proposed rules and regulations, whether in the original or in an amended form, he shall make available a copy of such rules and regulations to all affected persons upon request for at least five (5) days before filing them with the city clerk. Rules and regulations promulgated pursuant to the provisions of this section shall be effective upon filing with the office of the city clerk. Amendments to rules and regulations promulgated pursuant to this section shall be effective twenty (20) days after filing with the office of the city clerk. (Ord. No. 16357, §.07, 10-14-77; Ord. No. 03-895, § 5, 11-5-03) Sec.367.08. Penalty. Any person who violates any provision of this chapter or any provision of the rules and regulations promulgated thereunder shall be subject to a fine of up to three hundred doliars ($300.00) or imprisonment of up to ninety (90) days or both. http://library4.municode.com/4472/DocView/10061/1/316/374 11/13/2008 Chapter 367. Tattoo Pazlors ��) (Ord. No. 16357, § .08, 10-14-77) Sec. 367.09. License revocation. Page 3 of 3 Any license granted under this chapter may be revoked by the city council whenever the holder thereof has been convicted a second time for any violation of its provisions or for any violation of the rules and regulations promulgated thereunder. (Ord. No. 16357, § .09, 10-14-77) //St. Paul, Minnesota/CODE OF ORDINANCES City of SAINT PAU�, MINNESOTA Codified through Council File No. 08-695, adopted July 23, 2008. (Supplement No. 75, Update 7)/Title XXIX LICENSES/Chapter 367. Tattoo Parlors http://library4municode.com/4472/DocView/10061/1/316/374 11/13/2008 Chapter 310. Uniform License Procedures b�� "� Sec. 310.05. Hearing procedures. Page 1 of 5 (a) Adverse action; notice and hearing requirements. In any case where the council may or intends fo consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an appiication for the grant, issuance or renewai of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department established pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action +s or will be cons+dered by the council, the applicant or licensee shail have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the piace, date and time of the hearing. The notice shali state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attorney. (c) Hea�ing. Where there is no dispute as to the facts underiying the violation or as to the facts establishing mitigating or aggravating circumstances, the hearing shall be held before the council. Otheruise the hearing shall be conducted before a hearing examiner appointed by the council or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing. (c-1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be presented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence contained in the record, the hearing examiner's recommended findings of fact and conclusions, and shali not consider any factuai testimony not previously submitted to and considered by the hearing examiner. After receipt of the hearing examiner's findings, conclusions, and recommendations, the council shall provide the appiicant or licensee an opportunity to present oral or written arguments alleging error on the part of the examiner in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conclusion of that hearing, and after considering the record, the examiner's findings and recommendations, together with such additional arguments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclusions and recommendations of the hearing examiner. (c-2) Ex-parte contacts. If a license matter has been scheduled for an adverse hearing, councii members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unfess such discussion occurs on the record during the hearings of the matter or during the council's final deliberations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communications regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shail mean and include a person who is an http://library4.municode.com/4472/DocView/1 006 1 /1 /3 1 6/3 1 7?hilite=310 O5; 11/14/200R Chapter 310. Uniform License Procedures Page 2 of 5 b �� officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or applicant may be represented. The licensee or applicant may represent himself or choose to be represented by another. (e) Record,• evidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and exhibits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (� Council action, resolution to contain findings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is taken shall contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolution taking the adverse action. (g) Additional procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such provisions shall be complied with and shall supersede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to hear notwithstanding withdrawal or surrender of application or /icense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or application, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potentiai adverse action. (i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a license or other disciplinary action involving a license has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. (j) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The licertsee shatl be responsible for taking reasonable steps to make sure the notice remains posted on the front door of the licensed premises, and failure to take such reasonable precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license appiicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, ctaim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or invoived violence or the threat of violence by the licensee or empioyees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circumstances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the pubiic health, safety or welfare; (iv) the violation involved unreasonabie risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control of the situation and therefore couid have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew http:/llibrary4.municode.com/4472/DocView/10061/i/316/317?hilite=310 O5; 11/14/2008 Chapter 310. Uniform License Procedures Page 3 of 5 d�' � � required insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (i) lmposition of fines. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory and enforcement purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legisiative Code provides for the imposition of a fine, both provisions shail be read together to the extent possible; provided, however, that in the case of any conflict or inconsistency, the other provision shall be controliing. (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city council determines the aaiount of fines, the length of license suspensions and the propsiety of revocations, and shall apply to all ticense types, except that in the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is listed. 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 councii 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 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 $500.00 fine $1,000.00 $Z 000.00 fine Revocation the legislative code relating fine and 10-day to the licensed activity suspension (2} Violation of provisions of the legislative code relating $500.00 fine $1,000.00 $2,000.00 fine Revocation to the licensed activity, fine and 10-day other than violations of the suspension food code (3) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension suspension LIEP inspector or police (4) Commission of a crime other than a felony on the g�00.00 $1,500.00 5-day Revocation premises by a licensee or suspension employee (5) Commission of a felony on the premises by a $2,000.00 Revocation n/a n!a licensee or employee (6) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n/a related to violation of law or iicense conditions (7) Failure to pay license Revocation fees http://library4.municode.com/4472/DocView/1 006 1/1/3 1 6/3 1 7?hilite=310 O5; 11/14/2008 Chapter 310. Uruform License Procedures D9 � I Page 4 of 5 (8) Critical violations under I $250.00 331A $i,000.00, s- $500.00 day suspension Revocation (9) Non-critical violation $150.00 $250.00 $500.00 under331A (i) Fines payable without hearing . $1,000.00 A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the Department of Safety and Inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine wiil be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid without a hearing regardiess of how many prior appearances that licensee has made before the Council. The above councii hearing requirement applies to violations under Chapter 331A uniess the fine recommended by the Department of Safety and Inspections is equal to or less than the fine amount outlined in the above matrix. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shall not be considered an "appearance" for purposes of determining presumptive penalties for non-331A viotations. A councii hearing is required if the Department of Safety and Inspections recommends a fine that is an upward departure for the amount outlined above. (ii) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the licensee under the administrative procedures act up to and inc{uding the formal notice of hearing. The council in that case shalt consider the presumptive penalty for each such violation under the "1st Appearance" column in paragraph (b) above. The occurrence of muitiple violations shali be grounds for departure from such penalties in the council's discretion. (iii) Violations occur�ng after the date of the notice of hearing. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shail in that case be treated as though part of the "1st Appearance." In ali other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the councii. The same procedures shall apply to a second, third or fourth appearance before the council. (iv) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, non-critical violations of Chapter 331A shall not be counted as an "appearance" before the Councif in retation to any violation other than another violation of Chapter 331A. http://library4.municode.com/4472/DocView/10061/1/316/317?hilate=310 O5; 11/14/2008 Chapter 310. Uniform License Procedures �- �) (v) Computation of time. Page 5 of 5 (1) if a licensee appears before the council for any violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a licensee has appeared before the council on two (2) previous occasions for violations listed in paragraph (m), and if said licensee again appears before the councii for a violation listed in paragraph (m), and if the current violation occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations listed in paragraph (m), and if said licensee again appears before the council for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) calendar months of the violation that gave rise to the first appearance, then the current appearance shall be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. in case of multiple violations in any appearance, the date to be used to measure whether twelve (12), eighteen (18), or twenty-four (24) months have elapsed shall be the date of the violation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before the council regarding a death or great bodily harm in a licensed establishment that is related to a violation of the law or license conditions shall be counted as a second appearance, regardless of how much time has passed since the first appearance if the first appearance was also regarding a death or great bodily harm in a licensed establishment. A third appearance for the same shall be counted as a third appearance regardless of how much time has passed since the first or second appearance. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13- 94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F. No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07- 1053, § 1, 11-28-07) http://library4municode.com/4472/DocView/1 006 1/1/3 1 6/3 1 7?hilite=310 O5; 11/14/2008