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09-590Council File # �9 U Green Sheet #����� C�� Presented by L, MiNNESOTA �� 1 WHEREAS, adverse action was taken against the Massage Center - A(Commercial) license and 2 Alarm Permit (Renew) held by Details Salon, Inc. dfbla Details Salon (License ID#19990006602) for the 3 premises located at 757 Cleveland Avenue South in Saint Paul, by Notice of Intent to Suspend License 4 dated April 20, 2009, alleging licensee failed to pay delinquent license, permit and late fees of $357.00; 5 submit list of massage practitioners operating on site; and alann pemut lnformation; and 6 7 10 11 12 13 14 15 16 17 18 19 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the delinquent license, permit and late fees; the matrix penalty of $500.00 and submit the required information or request a public hearing; and WHEREAS, the Notice of Intent to 5uspend License stated that if the licensee failed to pay the delinquent license, permit and late fees; the matrix penalty of $500.00 and submit the required information or request a public hearing by April 30, 2004, 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 and Alarm Pernut (Renew) held by Details Salon, Inc. dJbfa Details Salon aze hereby suspended. Licensee is also ordered to pay a matrix penalty of $500.00 for failure to submit required information. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Requested by Departmen[ of: s �, �.��� By: f� Form A.P �roved by City Attomey B Y' 1 �aX� � 12( l�-ti/ Form A ove y M r for b ni ion to Council By: � Adoption Certified by Cou eil Secretary By: � � Appr b Ma �: Date UJ BY� � � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmentlOffice/Council: � Date Initiated: � U � j S� _DeQtofSafety8�inspections � 05-MAY-09 � Green Sheet NO: 3070191 i i Contact Person � Phone: 4 ' Rachei Tiemev { y o j 286-8710 4 � i Assign � Z �I Must Be on Council Agenda by (Dat : Number � 3 � 20-MA _Y-09 � � �n� p �-�- I For � Routing 4 I Doc. Type: RESOIUTION � Order ( g i � I I E-Document Required: Y I � i Document Coritact: duiie Kraus � ' � Contact Phone: 266-8776 � I � � Total # of Signature Pages _, (Ciip Alf Locations for Signature) Action Requested: Approval of the attached resolufion to take adverse action against the Massage Center - A(Commercial) license and Alarm Pernut (Renew) held by Defails Salon, Inc. d/b/a Details Salon (License ID#19990006602) for the premises located at 762 Cleveland Avenue South in Saint Paul. Recommendations; Approve (A) or Reject (R): Planning Commission CIB Gommittee Civd Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this personffrm possess a sldll not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Pro6lem, Issues, Opportunity (Who, What, Whea, Where, Why): Licensee failed to pay delinquent license, permit and late fees of $357.00, submit a list of massage practi6oners operating on site and alarm permit information. After notification, licensee did not respond to the Notice of Intent to Suspend License. Advantages li Approved: License suspension and imposition of $SOD.00 mah penalty. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of TransaMion: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number. May 5, 2009 3:33 PM Page 1 b�-��D OFFICE OF THE CITY ATTORNEY JoFut l. Chai, CEryAttamey SAIN7 PAUI, CITY OF SAINT PAUL CivdDivinon � ChristophesB.Coleman,Mayor 400CiryHa[[ Telephone�651266-87(0 IS West Xellogg Blvd Fucsi»ule- 65! 298-5619 Saint Paul, Mennesam 55102 AAAII Apri120, 2009 NOTICE OF INTENT TO SUSPEND LTCENSE Brian Horst Details Salon 757 Cleveland Avenue South St. Paul, MN 55116 RE: Massage Center — A(Commercial) license and Alarm Pernvt (Renew) held by Details Salon, Inc. d!b!a Details Salon for the premises located at 757 Cleveland Avenue South in Saint Paul LicenseID #19990006602 Dear Mr. Horst: The Department of Safety and Inspections (DSI) has recommended suspension of the Massage Center — A(Commercial) license and Alarm Permit (Renew) held by Details Salon, Inc, dlb/a Details Salon for the premises located at 757 Cleveland Avenue South in Saint Paul. The basis for the recommendation is as follows: On March 6, ZOD9, you were sent a letter and RENEWAL INVOICE from the Department of Safety and Inspections (DSI) indicating that your Massage Center — A(Commercial) license and Alarm Permit (Renew) fees were due on November 4, 2008. As of March 5, 2009, the total amount due is $357.�0 ($2A0.00 in licenselpermit fees and $117.00 in late fees). The RENEWAL INVOICE also required that you submit a list of massage practitioners currently operating on site and alarm permit information. As of today's date neither the delinquent license and permit fees of $357.00 nor theinformation requested has been received. In addition ro the suspension of your license and permit for non-payment of delinquent fees, per Saint Paul Legiislative Code §310.05 (m) (2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit required information to maintain your licenses. At this time you have three options on how to proceed: You may pay the $500.00 matrix penalty, delinquent license fees of $357.00 and submit the required information. ff this is your choice, you should send the payments and information directly to the Depazrment of Safety and Inspections at 375 Jackson Street, Ste. 220, SL Paul, MN 55101-1806 no later than Thursday, Apri130, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payments of the $500.00 matrix penalty, delinquent license and pernuts fees and submission of the required information will be considered a waiver of the hearing to which you ue entitled. Affirmative Action Equal Opporhanity Employer U� -�"�D Details Salon Apri120, 2009 Page 2 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Sain[ 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 Ietter 6y Thursday, April 30, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to suspend your license, pernut and impose the $500.00 matrix penalty. You will have an opportunity to appeaz 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. 22Q St. Paul, Minnesota 55101-1806 no ]ater than Thursday, April 30, 2009. Information should be directed to the attention of Christine Rozek. If I have not heard from you by that date, l will assume that you do not contest the suspension oF your license, permit and imposition of the $500.QQ matrix penalty. In that case, the matter wiil be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, '� ��� Rachel Tiemey Assistant City Attomey cc_ Christine Rozek, Deputy Director of DSI Brian Horst, 61 Da]e Street North, #3, St. Paul, MN 55102 Affirmative Action Equal Opportunity Employer STATE OF MINNESOT " � , ss. COUNTY OF RAMSEY ) b�l - 59D '' ��41 Julie Kraus, being first duly swom, deposes and says that on the �___ day of Aprii, she served the attached NOTTCE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addzessed as follows: Brian Horst Details Salon 757 Cleveland Avenue South St. Paul, MN 55116 Brian Horst 61 Dale Street North, #3 St. Paul, MN 55i02 (which is the ]ast known address of said person) depositang the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this � p I�-day of April, 2009 �/���,L����.°e� Notazy Public AFFIDAVIT OF SE__ : ICE BY [J.S. MAIL RITA M BOSSARD NOTARYPUBUC-MINNESOTA F' MYCONiM!SSIOi�. � .re' IXPIRESJAIJ S� '� Chapter 3] 0. Uniform Licens nrocedures Page ] of2 ��"�� (m) Presumptrve 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 alf license types, except that i� the case of a violation involving a liquor Iicense § 409.26 shall apply where a specific violation is listed. In the case of an adverse action filed for a vio(ation of chapter 331A, the licensee shall be given a f+ne for each individual violation of § 331A. The totaf fine amount for violations of § 331A may exceed the maximum fine outlined beiow due to multipfe violations in one (1) appearance. All penalty recommendations for chapter 331A violations shall be based on the food penalty guideline referred to in chapter 331A. 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 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: Appearance Type of Violation 1st 2nd 3rd 4th (1) Violations of conditions $500.00 fine $1,000.00 $2,000.00 fine Revocation placed on the ficense 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 and 10-day to the ficensed activity � suspension (3) Violation of provisions of the fegisfative code relating $50Q.00 fine $1,��OA� $2,000.00 fine Revocation to the licensed activity, fine and 10-day other than violations of the suspension food code (4) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension DSI inspector or police suspension (5) Commission of a crime other than a felony on the 5-day Revocation premises by a licensee or $70�.00 $1,500.00 suspension employee (6) Commission of a felony on the premises by a $2,�O�.QO Revocation nfa n/a ficensee or employee (7) Death or great bodily 30-day 60-day harm in establishment susQension suspension Revocation n/a related to violation of law or license conditions (8) Failure to pay license Revocation fees (9) Critical violations under $1,OD0.00, 5- ftevocation 331 A $250.00 $500.00 day suspension (10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payable without hearing . Chapter 310. Uniform Licen� °rocedures Page 2 of 2 V����Q A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the council may efect to pay the fine to the Department of Safety and {nspections without a council hearing, unless the notice of viofation has indicated that a hearing is required because ofi 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 entitVed, and will be considered an "appearance" for ihe purpose of determining presumptive penalties for subsequent violations.