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09-325Council File #_��v` Green Sheet # � RESOLUTION PAUL, MWNESOTA Presenced �� l0 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 6 7 10 11 12 13 14 15 16 17 18 19 20 21 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: ��1 BY� � � �,�.Q-J Adoption Ce �rti / fi J ed by Caa il Secretazy BY� /�"/l/ilul// _/!�'l,[�f/JVL. Approved by May : Date �� `��,(� � -- By: _ �j( es3 n ,�,> Form A � oved by City Attomey $y: �lCr�,.�,.�.TU�.,�,,�t Form Ap ved M for S on t ouncil Sy: i � Green Sheet Green Sheet ��i �as' Green Sheet Green Sheet Green Sheet Green Sheet � 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 ����� 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 --��. Chapter 310. Uniform License Procedures Page 1 of 2 ��-� a�' 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 dy ��S 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