09-326Councit File # d -l /-..3��
Green Sheet #���! Y�
RESOLUTiON
PAUL, MINNESOTA
Presented by
��
1 WHEREAS, adverse action was taken against the Massage Practitioner and Massage Center —B
2(Home Location) licenses held by Christopher J. Wallen d/b/a Recovery Massage (License ID
3#20060001235) for the premises located at 1650 June Avenue in Saint Paul by Notice of Intent to Suspend
4 Licenses dated February 20, 2009, alleging licensee failed to pay delinquent license and late fees of
5$259.0�, submit current certificates of General and Professional Liability insurauce, Proof of Affiliation
6 and a cunent list of massage practitioners operating on site with their license numbers; and
7
8 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend Licenses to contest the
9 allegation, request a public hearing or pay delinquent license and late fees of $259.0�, submit current
10 certificates of General and Professional Liability insurance, Proof of Affiliation and a current list of
11 massage practitioners operating on site with their license numbers; and
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13 WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to contest the
14 allegation, request a public hearing or pay delinquent license and late fees, submit current certificates of
15 General and Professional Liability insurance, Proof of Affiliation and a current list of massage practitioners
16 operating on site with their license numbers by March 2, 2009, that the matter would be placed on the
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consent agenda to unpose the recommended penalty; now, therefore, be it
RESOLVED, that the Massage Practitioner and Massage Center —B (Home Location} licenses held
by Christopher 3. Wallen d/bta Recovery Massage are hereby suspended for failure to pay delinquent
license and late fees. The licensee is also ordered to pay a matriz penalty of $500.00 for failure to subxnit
current certificates of General and Professional Liability insurance, Proof of Affiliation and a current list of
massage practitioners operating on site with their license numbers. Payment of such penalty sha11 be
made within thirty days of the date of the adoption of this resolution.
Requested by Deparhnent of:
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Bv: ' �..�J �} 2�..� �
Adopaon C�erti�fie by Cou�n Secretary
BY� // /,//�7L1i/ //�%��,/L-
Approved by May Date 3� ,? p f��
BY � �IAr,.. a,. �
Form A�o� by Cit y At��ey
BY� M J� � � /
F rov d b or fo u sion Council
By:
� Green Sheet Green
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Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUOffice/COUncil: Date Initiated:
S � _ Dept of Safery 8� Inspections os-�naR-os Green Sheet NO 3067607
ContactPerson $ Phane: DeoartrneM Sent To Person InitiaVDate
RachelTiemev � o coesate &ms eceons �
26fi-8710 1 t of Safetv & 7ns ecfions De anment Director
Assign 2 " Attornev ��
Must Be on Couneil genda by (D te): Number � 3 vos's Office Ma or/Assutant
18-MAR-09 � For �—� �
Routing 4 ouncil �----{
Doc.Type:RESOWTION Order 5 i Clerk Ci Clerk
E-0ocument Required: Y
DocumentConWct: �ulieKraus
Contact Phone: 266-8776
Totai # of Signaiure Pages _�Clip AJI Locations for Signatu�e)
Action Requested:
Approval of fhe attached resolufion to take adverse action against the Massage Practitioner and Massage Cenfer - B(Home Locarion)
licenses held by Christopher I. Wallen d!b/a Recovery Massage (License ID #20Q60001235) foc fhe ptemises Iocated at 165o Juno
Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R): Persanal Service Contracts Must Answer the Foflowing questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
qB Commlttee Yes No
Civil Service Commission 2 Has this person/firm ever 6een a city employee?
Yes No
3. Does this person/firm possess a slall not normally possessed by a�y
current city employee?
Yes No
Fxplain all yes answers on separate sheet and attach to green sheet.
Initiating Prohlem, Issues, Opportunity (Who, What, When, Where, Why1:
Licensee failed fo pay delinquent license and late fees of $259.00, submit current certificafes of General and Professional Liability
insurance, Proof of Affiliation and a cun'ent lisf of massage pracfifioners operating on sife wifh fheir license numbers. Aftex
nofificafion, licensee did nof cespond to the Notice of Intent to Suspend License.
Adva�rtages IfApproved:
License suspension and imposifion of $500.00 matrix penalty.
Disadvantages ff Approvetl:
Disadvantages H Not Approved:
iotal Amount of
Transadion: CostlRevenue Budgeted:
Funding Source: Activify Numher;
Financial lnformation:
(E�lainj
March 6, 2009 3:26 PM Page 1
d� ��
OFFICE OF THE CITY AT1'ORNEY
John J. Chor, CiryAttomey
SAfNT
PAV L CITY OF SA1NT PAUL
� Civil Division
Chnsfopher 8. Colemaq Mayor 400 CiTy Hall Telephone: 651 266-8710
15 West Keilogg Blvd Facsimile: 65l 298-5679
AAAR SaintPaul, Minnesota 55t02
February 20, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Christopher J. Wallen
Recovery Massage
1650 Juno Avenue
St. Paul, MN 55116
RE: Massage Practitioner and Massage Center — B(Home Location) licenses held by Christopher J.
Wallen d/b/a Recovery Massage for the premises located at 1650 Juno Avenue in Saint Paul
LicenseID #20060001235
Dear Mr. Wallen:
The Department of Safety and Inspections (DSI) has zecommended suspension of the Massage
Practitioner and Massage Center — B(Home Location) licenses held by Christopher J. Wallen d/b/a
Recovery Massage for the premises located at 1650 Juno Avenue in Saint Paul. The basis for the
recommendation is as follows:
On July 8, 2008, you were sent a letter from DSI stating that your Massage
Practitioner and Massage Center — B(Home Locarion} licenses had expired on
Apri17, 2008. As of today's date you now owe $259.00 in delinquent license and
late fees. You were also 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 an additional insured, Proof of Affiliation and a
current list of massage practifioners operating on site with their license
numbers.
You were given until July 28, 2008 to pay the delinquent license and {ate fees
and submit the required insurance, proof of affiliation and employee
information. As of today's date, neither the payment nor the required
information has been received.
AffiTiTl3tiVe ACtion Eaual nnn�rtunitv F.mnlnvrr
o'� ���
Recovezy Massage
February 20, 20�9
Page 2
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$5�0.00 matrix penalty
for failure to submit required documents to maintain your license.
At this time, you have three options on how to proceed:
You can pay the $500.00 matrix penalty, license and late fees of $259.00 and submit the
requested insurance, proof of affiliation and employee information. If this is your choice, you
should send the payments and informarion 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 $259.00 and submission of the requested insurance, proof of affiliation and employee
information will be considered to be a waiver of the hearing to which you aze entitled.
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 hearing. We wiil need to receive your letter by Monday, March 2, 2009.
The matter will then be scheduled before the �ity Council for a public heazing to determine
whether to impose the $500.00 matrix penalty and suspend your license. You wiil have an
opporiunity to appear before the Council and make a statement on your own behalf.
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 Tnspections (DST), 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 CounciPs 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,
�0.� ��
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of D5I
STATE OF MINNESOT ' ` �� ��
� ss. AFFIDAVIT OF 5�.. dICE BY U.S. MAIL
COi3NTY OF RAMSEY )
Julie Kraus, being first duly swom, deposes and says that on the 20'�' day of February, she
served the attached NOTICE OF IN'TENT TO SUSPEND LICENSE by placing a true and
correct cogy thereof in an envelope addressed as follows
Christopher J. Wallen
Recovery Massage
1650 Juno Avenue
St. Paul, MN 55116
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�ll�J� �� �t�U�i.'+l./
Julie Kraus
Subscribed and swom to before me
this 20�' day of Februazy, 2009
�� �� � �
Nbtary Public
RITA M. BOSSARD
f DTARY PUBLIC - MINNESOTA
MV COMNtl5510N
EXPIRES JAN. 31. TO 1 0
Chapter 310. Uniform License Procedures
Page 1 of 2
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m} Presumpfive penalties for ce�fain vio�ations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the fength of license
suspensions and the propriety of revocations, and shall apply to aif license types, except that in
the case of a violation involving a liquor Iicense § 409.26 shall apply where a specific violation is
listed. These penalties are presumed to be appropriate for evesy 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 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 1�-day
suspension
(2) Violation of provisions of $500.00 fine $1,000.00 $2,000.00 fine Revocation
the legisfative 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 $z,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 5-day Revocation
premises by a licensee or �700.00 $1,500.00 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
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 $15�.0� $25�.0� $500.0� $1,000.00
under 331A
(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 Licznse Procedures
Page 2 of 2
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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 wifl 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 th+s Code, a fine may be
paid without a hearing regardfess of how many prior appearances that licensee
has made before the Councii. 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 recommended fine will be considered to be a
waiver of the hearing to which the iicensee 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
outiined above.
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