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09-222Withdrawn 2/25/2009 RESOLUTION Council File # O�J - a Green Sheet # b OF SAIN7 PAUL, MINNESOTA � 1 WHEREAS, adverse action was taken against the Massage Practitioner and Massage Center — B 2(Home Location) licenses held by 7udy M. Kunz (License ID #19990006769) for the premises located at 3 1477 Arkwright Street, Apt. G in Saint Paul, by Notice of Intent to Suspend Licenses dated Januazy 16, 4 2009 alleging licensee failed to pay delinquent license and late fees in the amount of $259.Q0 and submit a 5 current certificate of General and Professional Liability insurance, proof of affiliation and list of massage 6 practitioners operating on site; and 8 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend Licenses to pay the 9 delinquent license fees or submit the required information by the January 26, 2009 deadline; and 10 11 WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay the 12 delinquent license and late fees and submit the required information that the matter would be placed on the 13 consent agenda to impose the recommended penalty; now, therefore, be it 14 15 RESOLVED, that the Massage Practitioner and Massage Center — B(Home Location) licenses held 16 b}� Judy M. Kunz are hereby suspended. 17 Yeas Nays Absent Bosh�om Carter Harris Helgen Lanhy Stazk Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Department ot �� B y ` �� 2�� Form roved by City Attorney s t�cv,�.�Tl�i_vur� Form Appr e y or fo � S bmi ion to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet oy -a� Departmentl0fficelCOUncil: ' Date Initiated: S � _Dept.ofSafety8lnspections I, �aFE&-09 � Green Sheet NO: 3066820 � Contact Person & Phone: Rachel Tiemey 266-8710 Must Be on Counci Agen 25-FEB-09 Ooc. Type: RESOLUTION -1 � by(Date): ' Number _Lt For �-�---�---� Routing � Order 0 1 2 3 4 5 E-Document Required: Y DocumentConWCt: �ulieKraus ContaM Phone: 266-8776 ToWI # of Signature Pages _(Clip All Locations For Signature) Action Requested: Approval of the attached resolution to take adverse acdon against the Massage Practitioner and Massage Center-B (Home Location) licenses held by Judy M. Kunz (License ID#19990006769) for the premises located at 1477 Arkwright 5treet, Apt. G in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Foliowing Questions: 1 Has this person�ttn 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 perso�rm possess a skill not normally possessed by any curzent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green shee4. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay delinquent license and late fees in the amount of $259.00, submit current cerlificates of General and Professional Liability inswance, proof of affiliation and a list of massage practitioners operating on site. After notification, liceasee did not respond to the Notice of Intent to Suspend Licenses. AdvantageslfApproved: License suspension. Disativantages If Approved: Disativantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: February 10, 2009 12:04 PM Page 1 Oq-�� OFFICE OF THE CITY ATTORNEY John J. Choi, CiryAtlomey sn�Nr PwUL � AAAA CITY OF SAINT PAUL Chnstopher 8. Coleman, Mayor Civil Divrsion 400 City Hall Telephone' 651 266-8710 15 West Kellogg 8lvd. Facs�mrle. 651 298-5619 SainE Paul, Minnesota 55102 January 16, 2009 NOTICE OF INTENT TO SUSPEND LICENSES Judy M. Kunz 1477 Arkwright Street, Apt. G St. Paul, MN 55130 RE: Massage Practitioner and Massage Center — B(Home Location) licenses held by Judy M. Kunz d/b/a as Judy M. Kunz for the premises located at 1477 Arkwright Street, Apt. G in Saint Paul LicenseID # 19990006769 Dear Ms. Kunz: The Departrnent of Safety and Inspections (DSI) has recommended suspension of the Massage Practitioner and Massage Center — B(Home Location) licenses held by Judy M. Kunz d/b/a as Judy M. Kunz for the premises located at 1477 Arkwright Street, Apt. G in Saint Paul. The basis for the recommendation is as follows: On November 12, 2008, you were sent a letter from the Department of Safety and Inspections DSI) indicating that your Massage Practitioner and Massage Center—B (Home Location) licenses had expired effective August 10, 2008 and your license fees were delinquent. You were given until December 3, 2008, to pay the license and late fees of $242.00. The amount now due is $259.00 ($174.00 in license fees aud $85.00 in late fees). As of today's date that payment has not been received. You were also asked to submit the following information: 1) current certificate of General and Professional Liability insurance with a 30 day notice of cancellation, naming the City of St. Paul as additional insured; 2) proof of af£liation from a City of St. Paul licensed therapeutic massage center or state licensed health facility and 3) a list of massage practitioners currently operating on site. As of today's date that information has not been received. AA-ADA-EEO Emolnver Judy M. Kunz January 16, 2009 Page 2 At this time, you have three options on how to proceed: C� � �aa You can pay the license and late fees of $259.00 and submit the requested information. If this is your choice, you should send the payment and requested information directiy to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, January 26, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the license and late fees and submission of the requested information 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 Pau] 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 Monday, January 26, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your license. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Pau'. City Council will ultimately decide the case. If this is your choice, please let me know by Monday, January 26, 2009, and I will take the necessazy steps to schedule the administrative heazing. If you have not contacted me by that date, I will assume that you do not contest the suspension of your license. In that case, the matter will be placed on the Council's 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, �� Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI AA AiIA CL/lL` 1 STATB OF MINNESOT" � � ss. ARFIDAVIT OF SL _JICE BY U.S. MAIL COUNTY OF RAMSEY ) �1 ��b - - Julie Kraus, being first duly sworn, deposes and says that on the I 6'�' day of January, she served the attached NOTICE OF IN'I'ENT TO SUSPEND LICENSES by placing a true and correct copy thereof in an envelope addressed as follows: Judy M. Kt�n� 1477 Arkwright Street, Apt. G St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �' �� Ju i Kraus Subscribed and sworn to before me this 16�' day of January, 2009 / <!��"'�" � ` � �%� Notary Public RITA M. BQSSARD NOTARY PUBLIC • MINPESOTA MV COMMS510N EXPIRES JAN. 31. 20 1 0