09-310Council File # 09-310
Green Sheet # 7 Q
Presented by
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1 WHEREAS, adverse action was taken against the Massaae Center - A(Commercial) license held
2 by Susan E. Yorkovich d/b/a Sol Yoga & Massage (License ID#20020003499) for the premises located at
3 758 Grand Avenue in Saint Paul by Notice of Intent to Suspend License dated Februazy 20, 2009, alleging
4 licensee failed to pay delinquent license and late fees of $322.00 and submit a current list of massage
5 practitioners operating on site with their license numbers; and
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WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to contest the
allegation, request a public hearing or pay delinquent license and late fees and submit a current list of
massage practitioners operating on site with their license numbers; and
WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
allegation, request a public hearing or pay delinquent license and late fees and submit a current list of
massage practitioners operating on site with their license numbers by March 2, 2009, that the matter would
be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Massage Center - A(Commercial) license held by Susan E. Yorkovich d/b/a
Sol Yoga & Massage is hereby suspended for failure to pay delinquent license and late fees. The licensee
is also ordered to pay a matrix penalty of $500.00 for failure to submit a current list of massage
practitioners operating on site with their license numbers. Payment of such penalty shall be made within
thirty days of the date of the adoption of this resolution.
Bostrom
Requested by Deparhnent of:
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BY �.�t�r�. � P"� /` �
Stark
Thime
AdoptedbyCoimcil: Date �/�
NT PAUL, MINNESOTA
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Adoption Cerrified by Coun 1 Secretary
By: i
Approv y �. ate �
By:
Form Ap� ved by City A[tomey
By:
Form Ap ved y ayor or u mis io to Council
By:
� Green Sheet Green
09-310
Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenVOf6ce/COUnci1; Date Initiated:
S � _Dept.ofSafety&fnspections O6-MAR-09 Green Sheet NO• 3067608
Contact Person & Phone: Deparhme� Sent To Person InitiaVDate I
Rachel Tiemev y a t of s�etV st � e�;ons �� I
266-$710 1 e t of Safe & Ins ections D arimeat Director I
Assign 2 i Attome ��
Must Be on Council enda by (D e): Number
18 For 3 or'sO�ce MavorlASS'sfank
Routing 4 onncd �
Doc. Type: RESOLUTION Order 5 i Clerk Ci Cterk
E-Doeument Required: Y
DocumentConWct: JulieKraus
Contact Phone: 2665776
ToWi # of Signature Pages ^ (Clip All Loptions for Signature)
Action Requested:
Approval of fhe atfached resolufion fo take adverse ac£ion against the Massage Center - A(Corzunercial) license held by Susan
E.Yorkovich d/b/a Sol Yoga & Massage (License ID# 20020003499) for the premises located at 758 Grand Avenue in Saint Paul.
Recommendations: Appmve (A) or Reject (R): Personai Service Contracts Must Mswer the Following Questions:
Planning Commission �. Has this personffrtm ever worked under a contract for this department?
CB Committee Yes No
Civil Service Commission 2. Has this personffirtn 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
F�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee faIled to pay delinquenf license and late fees of $322.�0 and submit a cuaent lisf of massage practifionezs opexating on site
with fheir license numbers. ABer notificafion, licensee did nof respond to fhe Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 mahix penalty.
Disadvaritages if Approved:
Disadvantages If Not Approved:
Total Amount of CosURevenue Bud Med:
Transaction: 9
Funding Source: Activity Num6er:
Financial lnformation:
(Facplain)
March 6, 2009 3:31 PM Page 1
4y-�io
OFFICE OF THE CITY ATTORNEY
John J. Choi, CrtyAtlomey
SAINS
PAU L CITY OF SAINT PAUL
� Crvil Division
Christopher8. Cofeman, Mayor 400CityHall Telephone: 651 2668710
15 West Kellogg Bivd. Facsim�le 657 298-5619
RAAA SamtPaul, Minnesota 55>02
Februaz•y 20, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Susan E. Yorkovich
Sol Yoga & Massage
758 Grand Avenue
St. Paul, MN 55105
RE: Massage Center — A(Commercial) license held by Susan E. Yorkovich dlb/a So] Yoga &
Massage for the premises located at 758 Grand Avenue in Saint Paul
LicenseID #20020003499
Dear Ms. Yorkovich:
The Department of Safety and Inspections (DSI) has iecommended suspension of the
Massage Center — A(Commercial) license held by Susan E. Yorkovich d/b/a Sol Yoga &
Massage for the premises located at 758 Grand Avenue in Saint Paul. The basis far the
recommendation is as follows:
On December 10, 2008, you were sent a letter from DSI stating that your
Massage Center — A(Commercial) license had expired on September 9,
2008. As of today's date you now owe $322.00 in delinquent license and
late fees. You were asked to submit a list of massage practifioners
operating on site with their license numbers.
You were given until December 31, 2008, to pay the delinquent license
and late fees and submit the required employee information. As of
today's date, neither the payment nor the required employee information
has been received.
In addition to the suspension of your licenses for non-payment of delinquent license and late fees,
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 docuxnents to maintain your license.
Affirmative Action Eaua1 Onoortunitv F.mnl�ver
dy �i�
Sol Yoga & Massage
Februai'y 20, 2009
Page 2
At this time, you have three options on how to proceed:
You can pay the $500.00 matrix penalty, license and late fees of $322.00 and submit the
requested employee information. 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 Monday, March 2, 2009.
Payment should be directed to the attention of Christine Rozek. A self-addressed
envelope is enclosed for your convenience. Payment of the $500.00 matrix penalty,
license and late fees of $322.00 and submission of the requested employee 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 Paul City Council, you will need to send me a]etter with a statement
admitting the facts and requesting a public hearing. We will need to receive your letter by
Monday, March 2, 2009. The matter will then be scheduled before the City Council
for a public hearing to determine whether to impose the $500.00 matrix penalty and
suspend your license. You will have an opportunity to appear be£ore 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 will need to send a
written statement to that effect to the Department of Safety and Inspections (DSI), at 375
Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, March
2, 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
imposition of the $500.00 matrix penalty and 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,
`�a� P �,�,�
Rachel Tierney
Assistant City Attorney
ca Christine Rozek, Deputy Director of DSI
Susan E. Yorkovich, 1401 Como Avenue, St. Paul, MN 55108
Affirnlative Action F,aual nnnnrtunitv F,m»lnver
(,hapter 310. Uniform License procedures
�Gl;.�/� Page 1 of2
m) Presumptive penalties for certain violations. 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 ali license 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 compeliing reasons making it more appropriate to do so. When deviating from
these standards, the council shali provide written reasons that specify why the penalty selected
was more appropriate.
TABLEINSET:
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2 000.00 fine Revocatio�
placed on the license fine and 10-day
suspension
(2) Violation of provisions of $500.00 fine $1,000.00 $2 000.00 fine Revocation
the Iegisiative code relating fine and 10-day
to the licensed activity suspension
(2) 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 f � 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
otherthan a felony on the $700.00 $1,500.00 5-day Revocation
premises by a Iicensee 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 estabiishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(7) Failure to pay license Revocation
fees
(8) Critical violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(9) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under331A
(i) Fines payable without hearing .
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
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Chapter 310. Uniform LicensP Procedures
O'�I`a'/� Page 2 of 2
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 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.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that licensee
has made before the Council. The above council hearing requirement applies to
vio{ations under Chapter 331A unless 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 wili 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 violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
http://library4.municode.com/4472/DocView/1 0061/1/3 1 7/3 1 8?hilite=310 O5; 2/12/2009
STATE OF MINNESOT'�
J Ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF Sh_, VICE BY U.S. MAIL
d�-�io
3ulie Kraus, being first duly swom, deposes and says that on the 20` day of February, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a mxe and
conect copy thereof in an envelope addressed as follows:
Susan E. Yorkovich
Sol Yoga & Massage
758 Grand Avenue
St. Paul, MN 55105
Susan E. Yorkovich
1401 Como Avenue
St. Paul, MN 55108
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�`i"w ����WwV�i
Ju ie Kraus
Subscribed and sworn to before me
this 20` day of February, 2009
�'fl � 4���
N tary Public
RItA M. BOSSARD
lqTARY PUBLIC • MINPESOTA
MY COMMSSION
EXPIRES JAN. 31. 2 01 0