09-325Council File #_��v`
Green Sheet # �
RESOLUTION
PAUL, MWNESOTA
Presenced
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1 WI3EREAS, adverse action was taken against the Massage Practitioner license heid by Bruce W.
2 Abernathy d/61a Bruce W. Abernathy (License ID #20010001950) for the premises located at 2065
3 Randolph Avenue in Saint Paul by Notice of Intent to Suspend License dated Pebruazy 20, 2009, alleging
4 licensee failed to pay delinquent license and late fees of $130.00, submit cunent certificates of General and
5 Professional Liability insurance and Proof of Affiliation; 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 the delinquent license and late fees, submit current certificates
of General and Professional Liability insurance and Proof of Affiliation; and
WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
allegation, request a public heazing or pay the delinquent license and late fees, submit current certificates
of General and Professional Liability insurance and Proof of Affiliation 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 Practitioner license held by Bruce W. Abernathy d/b/a Bruce W.
Abernathy is hereby suspended for failure to pay delinquent license and late fees. The licensee is also
ordered to pay a matris penalty of $500.00 for failure to submit current certificates of General and
Professional Liability insurance and Proof of Affiliation. Payment of such penalty shall be made within
thirty days of the date of the adoption of this resolution.
Requested by Depaimient of:
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BY� � � �,�.Q-J
Adoption Ce �rti / fi J ed by Caa il Secretazy
BY� /�"/l/ilul// _/!�'l,[�f/JVL.
Approved by May : Date �� `��,(� �
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By: _ �j( es3 n ,�,>
Form A � oved by City Attomey
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Form Ap ved M for S on t ouncil
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� Green Sheet Green Sheet
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Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenNOffice/Council: Date InRiafed:
SI -Dept.otSatery8lnspections 06-MAR-09 Green Sheet NO: 3067602
Contactperson&Phone: DeparFmerk SetH7oPerson InRial/Date
RachelTiemey � o e wofsare &v,s e�flons �
2fi6-8710 I e t of Safe & Tns ecfions D artment DQector
MustBeonCOUncii gendaby(D e); N m�ber Z � Atmrnev �--� i
18-AM1AR-09 � For 3 oYS os,ce ASa orrassistan<
Routing 4 ouncii �._�_]
Doc. Type: RESOLUTION Order 5 i Cterk Ci Cierk
EAocument Required: Y
OocumeM ConWet: �ulie Kraus
Contact Phone: 266-8776
Totai # of Signature Pages _(Clip NI Locations for Signature)
AMion Requested:
Approval of fhe atfached resolution fo fake adverse action against the Massage Pcacfifionar license held by Bruce W. Abemathy d1b(a
Bruce W. Abemathy (License ID#20070�0195Q) for the pretnises located at 2065 Randolph Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R): Persanal5ervice Contrads Must Mswer the Followin9 Questions:
Planning Commission 1. Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/fircn ever been a city employee?
Yes No
3. Does 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.
InHiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed fo pay delinquent license and late fees of $130.00, submif current certificafes of General and l�ofessional Liability
insurance and Proof of Affiliation After notification, licensee did not respond to the Nofice of Intent to Suspend License.
Advantages If Approved:
License suspension and iraposition of $500.00 matrix penalty.
Disadvantages If Apprnved:
Disadvantages If Not Appraved:
ToWI Amaunt of
Transaction: CosVRevenue Budgeted:
Funding Source: Activity Numher.
Finaneial lnformation:
{E�lain)
March 6, 2009 2:47 PM Page 1
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OFFICE OF THE CITY ATTORNEY
John J. Cha, CityAttomey
SAfNY
PAU L CITY OF SA{NT PAUL �;�;,o,�,s;o�
� ChnstopherB. Co/eman, Mayor 400 Cfty Hall Telephone: 651 2668710
15 West Ke!logg 87vd Facsimde: 651298-56>9
AAAA S amtPaul, Mmnesota SS102
Febniary 20, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Bruce Abernathy
C/o Accolades Salon & Spa
2065 Randolph Avenue
St. Paul, MN 55105
RE: Massage Practitioner license held by Bruce W. Abemathy dJbla Bruce W. Abemathy for
the premises located at 2065 Randolph Avenue in Saint Paul
License ID #20070001950
Dear Mr. Abemathy:
The Department of Safety and Inspections (DSI) has recommended suspension of the
Massage Practitioner license held by Bruce W. Abemathy d/b/a Bruce W. Abemathy for the
premises located at 2065 Randolph Avenue in Saint Paul. The basis for the recommendation is
as follows:
On July 7, 2008, you were sent a letter from DSI stating that your
Massage Practitioner license expired on Apri130, 2008. As of today's
date you now owe $130.00 in delinquent license and late fees. Also, you
were asked to submit current certificates of General and Professional
Liability insurance with a 30-day notice of cancellation and naming the
City of Saint Paul as additional insured and Proof of Af�liation.
You were given until July 2$, 2008, to pay the delinquent license and late
fees and submit the required insurance and proof of affiliation. As of
today's date, neither the payment nor the required 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 wili also recommend a$SOO.Qo
matrix penalty far failure to submit required documents to maintain your license.
Affirmative Action Equal Opportunity Employer
dy �a�
Bruce W. Abernathy
February 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 $130.00 and submit the
requested information. If this is your choice, you should send the payments and
information directly to the Departrnent of Safety and Inspections at 375 Jackson Street,
Ste. 220, St. Paul, Minnesota SS101-1806 no later than Monday, March 2, 2009.
Payment should be directed to the attention of Christine Rozek. A self-addressed
envelope is enciosed for your convenience. Payment of the $500.00 matrix penalty,
license and late fees of $130.00 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 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, 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 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 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 266-871 D.
Sincerely,
�I. � �
Rachel Tiemey
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Bruce W. Abernathy, 2536 — 5` Avenue South, Minneapolis, MN 55404-4445
A�rmative Action Equal Opportunity Emplover
STATE OF MINNESOT " /�GJ—� �?.�
� ss. AF`FIDAVIT OF SE�. JICE BY U.S. MAIL
COUNTY OF RAMSEY )
3ulie Kraus, being fust duly sworn, deposes and says that on the 20` day of Februazy, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and
conect copy thereof in an envelope addressed as follows:
Bruce Abemathy
C/o Accolades Salon & Spa
2065 Randolph Avenue
St. Paul, MN 55105
Bruce W. Abernathy
2536 — 5�' Avenue South
Minneapolis, MN 55404-4445
(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
this 20�' day of February, 2009
�,z���'� �
Notary Pubhc��
a R1TA !A. 90SSARQ
. ,"-� DATARYPlBL1C-MNSfSOTA
MY COMMSSION
� � pCpIRESJM131.201 0
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Chapter 310. Uniform License Procedures
Page 1 of 2
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m) Presumptive pena/ties for certain violations. The purpose of this section is to establish a
standard by which the city councif determines the amount of fines, the length of license
suspensions and the propriety of revocations, and shall appiy to all ficense types, except that in
the case of a violation involving a liquor license § 409.26 shaff apply where a specific violation is
listed. These penalties are presumed to be appropriate for every case; however the councif may
deviate therefrom in an individuaf case where the councii finds and determines that there exist
substantial and compeiling 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 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 $2,000.00 fine Revocation
the legislative code relating fine and 10-day
to the licensed activity suspension
(2) Viofation of provisions of
the iegislative code retating �5Q0.00 fine $1,00�.00 $2,000.00 fine �evocation
to the licensed activity, fine and 10-day
other than violaiions 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 ��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 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-
� � $250.00 $500.00 day Revocation
331 A
suspension
(9) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payable without heanng .
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
http:l/library4.municode.com/4472/DocV3ew/1006U1 /3 1 713 1 8?hilite=310 O5; 2/12/2009
Chapter 310. Uniform License Procedures
Page 2 of2
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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
violations 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 recomme�ded 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 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