09-591Council File # dy`
Green Sheet # Q Q S
RESOLUTION
OF
Presented
PAUL, MINNESOTA
��
1 WHEREAS, adverse action was taken against the Massage Practitioner license application
2 submitted by Rory J. Dahn (License ID#20080003983) for the premises located at 261 Ruth Street North
3 in Saint Paul, by Notice of Intent to Deny License dated April 28, 2009, alleging licensee failed to submit
4 current certificates of General and Professional Liability insurance with a 30-day notice of cancellation and
5 naming the City of Saint Paul as additional insured; and
6
7 WHEREA5, the licensee did not respond to the Notice of Intent to Deny License to submit the
8 required insurance, request a hearing or withdraw the license application; and
9
10 WHEREAS, the Notice of Intent to Deny License stated that if the ]icensee failed to submit the
1 I required insurance, request a heazing or withdraw the license application by May 8, 2009, that the matter
12 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
13
14 RE50LVED, that the Massage Practitioner license application submitted by Rory J. Dahn is hereby
15 denied.
Adoption Cer[ified by Cou
By: � �
Approved by Mayo . Date
BY� _ !f _ _I � av'
Secretary
� Request d by Department of: ,
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By: � lr/ �J
For oved by City Attorney
B y' rdu P �t4.L a�
Form A ov by . or for S issi�on to Council
By L
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Adopted by Council: Date ��a��4 r
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
, DepartmenUOfficelCouncil: � Date Initiated: i
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i S � _Dept.ofSafety&lnspections i�g_MAY-09 � Green Sheet NO: 3070559
; Contact Person & Phone:
s Rachel Tiemev
266-8
� Must Be on Counrj! Agend a byi pa1
� 03�1UN-09 � (.� �
.�b�t�T J
I Doc. rype: RESOLUTION
'� E-DocumentRequired: Y
j Document Contact: Julie Kraus
� ConWdPhone: 266-8776
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1
Assign I 2
Number 3
Por I
Routing I, 4
Order i 5
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Total # of Signature Pages _(Clip AII Locations for Signafure)
Appzoval o£the attached resolurion to take adverse action against the Massage Practiaoner license application submitted by Rory J.
Dahn (License ID#20080003983) for the premises located at 261 Ruth Street North In Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CB Committee
Civil Service Commissioa
Pereonal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person(flrm possess a skill not �ormally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit current certificates of General and Professionalliabllity insurance with a 30-day notice of cancellation and
naming the City of Saint Paul as addirional insured. After notification, licensee did not respond to the Notice of Intent to Deny
License.
Advantages If Approved:
License denial.
Disadvantages If Approved:
Disadvantag¢s If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Cost(Revenue Budgeted:
Activity Number:
May 19, 2009 1:17 PM Page 1
b�-��i
SASNS
PAU L
�
AABA
CITY OF SAIN7 PAUL
Christopher8. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
✓ohn J Choi, CiryAttomey
CivtlOivision
400 City Hal1 Telephone: 657 266-8710
15 West Kellogg Btvtl. Facsimile: 657 298-5679
Saint Paul, Minnesota 55702
Apri128, 2009
NOTICE OF INTENT TO DENY LICENSE
Rory J. Dahn
c/o Balanced Massage Therapy
261 Ruth Street North
St. Paul, MN 55114
RE: Massage Practitioner license application submitted by Rory J. Dahn for the premises
located at 261 Ruth Street North in Saint Paul
License ID #20080003983
Dear Rory Dahn:
The Department of 5afety and Inspections (DSI) has recommended denial of the Massage
Practitioner license application subrnitted by Rory J. Dahn for the premises located at 261 Ruth
Street North in Saint Paul. The basis for the recommendation is as follows:
On February 23, 2009, you were sent a letter from the Department of
Safety and Inspections (DSI) stating that your license application had
been pending since October 23, 2008, and it would not be approved
until you submitted a current certificate of General and Professional
liability insurance showing a minimum coverage of $1,000,000 for each
certificate, a 30-day notice of cancellation and naming the City of Saint
Paul as additional insured.
You were given until March 2, 2009, to submit the required insurance
information or request a withdrawal of your license app3ication. As of
today's date, neither has been received.
At this time you have three options on how to proceed:
You can submit the requested insurance information. If this is your choice, please send it to the
Department of Safety and Inspections (DSIj at 375 Jackson Street, Ste. 220, St. Paul, Minnesota
55101-1806 no later than Friday, May S, 2009. Information should be directed to the attention of
Christine Rozek. Submission of the requested insurance information wi11 be considered to be a
waiver of the heazang to which you aze entitled.
AA-ADA-EEO Employer
Rory J. Dahn
Apri128, 2009
Page 2
o y-��rl
2. If you wish admit the facts but contest the penalty, you may have a public hearmg 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 will need to receive your letter by Friday,
May 8, 2009, The matter will then be scheduled before the City Council for a public
heazing to determine whether to deny your license. You will have an opportumty to
appear before the Council and make a statement on your own behalf.
3. You may withdraw your license application. Send a written statement to tbat effect to the
Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota
55101-] 806 no later than Friday, May S, 2�09. Tnformation should be directed to the
attention of Christine Rozek. Any request for a refund of the license application fee mnst
also be made in writing to the Department of Safery and Inspections.
If you have not contacted me by that date, I will assume that yau do not contest the
denial of your license. In that case, the matter will be placed on the City Council Consent
Agenda for approval of the recommended penalty.
If you have any questions, fee] free to call me at (651) 266-8710.
Sincerely,
`� � e � '�` _
1�ia�.J(.
Rachel Tierney
Assistant Ciry AtYOrney
cc: Christine Rozek, Deputy Director of DSI
Rory J. Dahn, 3184 — 78`" Street East, Inver Grove Heights, MN 55076
AA-ADA-EEO Employer