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09-620Council File # �� � � � GreenSheet# ��Q �,( RESOLUTION Presented by L, MINNESOTA 0 1 WHEREAS, adverse action was taken against the Massage Practitioner license held by Celeste M. 2 Baines (License ID#20060001117) for the premises located at 2145 Ford Parkway in Saint Paul, by Notice 3 of Intent to Suspend License dated May 4, 2009, alleging licensee failed to pay delinquent license/late fees 4 of $117.00, submit cunent certificates of General and Professional liability insurance and Proof of 5 Aff'iliation; and 6 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the delinquent license/late fees of $117.00, the $500.00 matrix penalty and submit the required insarance information and Proof of Affiliation; and 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the delinquent license/Iate fees of $117.00, the $500.00 matrix penalty, submit the required insurance documents and Proof of Affiliation by May 14, 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 Celeste M. Baines is hereby suspended for failure to pay delinquent licensellate fees of $117.00. The licensee is also ordered to pay a matrix penalty of $500.00 for failure to submit required insurance information and Proof of Affiliation. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Stark Adopted by Council: Date CITY Yeas � ✓ ✓ ✓ Absent Requested by Depaztment of: �� r B �1-,� U Adoption Certified by Cou eil Sectetary By: Appro y Ma o. Date (Q . By: Form ved by Ciry Ac[orney Br �� �l.c�ti,-.� Form Ap oved y Ma} for S` am i�n t� ouncil By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��' ��U� � DepartmentlOffice/Council: Date Initiated: � ! S � _ Dept. of Safety & Inspections I ' , 27 ! Green Sheet NO: 3070820 � ConWct Person & Phone: I Rachel Tiemey 266$710 Must Be on Council /\qenda 10JUN-09 ((� n�n C Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Julie Kraus Contad Phone: 266-8776 y � o I 1 Assign z Number I 3 For Routing � 4 Order I 5 Total # of Signature Pages _(Ciip All Locations for Signature) Approval of the attached resolurion to take adverse action against the Massage Pracfitioner license held by Celeste M. Baines (License ID#20060001117) for the premises located at 2145 Ford Parkway in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Foltowing questions: 'I. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm 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 Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay delinquent license/tate fees of $117.00, submit required insurance information and Proof of Affiliation. After no6ficaiton, licensee did not respond to the Notice of Intent to Suspend License. AdvanWgeslfApproved: License suspension and 'vnposition of $500.00 matrix penalty. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: ����@���5�7 ���g'S C;' �C���; ��� �,�,��r�> May 27, 2009 4:15 PM Page 1 o����o SAfNi PAUL � AAAA CITY OF SAINT PAUL ChristopherB Co(eman, Mayor May 4, 2009 OFFICE OF THE CITY ATTORNEY John J. Chai, CiryAttomey Cimt Dinsion 400 Ctry Ha[[ I S West Kellogg Blvd Smnt Pa¢l, Minnesota 55102 Telephone 266-8710 Facnnule' 651298-5619 NOTICE OF INTENT TO SUSPEND LICENSE Celeste M. Baines c/o Sister Rosalind Gefre 2145 Ford Parkway St. Paul, MN 55116 RE: Massage Practitioner license held by Celeste M. Bainas for the City of Saint Paul License ID #: 20060001 1 1 7 Dear Ms. Baines: The Deparcment of Safety and Inspections (DSI} has recommended suspension of the Massage Practitioner license held by Celeste M. Baines for the City of Saint Paul. The basis for the recommendation is as follows: On March 30, 2009, you were sent a letter from the Department of Safety and Inspections (DSI) stating that your Massage Practitioner's [icense expired as of January 24, 2009 and you now owed $117.00 in delinquent license and late fees. You were also asked to suhmit current cert'sficates of Generai and Professional Liability insurance with a 30 day notice of cancellation and naming the City of Saint Paul as additional insured and Proof of affiliation. As of today's date, neither the delinquent license and late fees nor the required insurance and Proof of Aft'diation have been received. In addition to the suspension of your licenses for non-payment of delinquent license and late fees, per Saint Pau1 Legislative Code §310.05 (m) (2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit required documents to maintain your license. AA-ADA-Eb0 Empioyer D1���0 Celeste M. Baines May 4, 2009 Page 2 At this time, you have three options on how to proceed: You can pay the $500.00 matrix penalty, delinquent license and late fees of $117.00, and submit current certificates of General and Professional liability insurance and Proof of Affiliation [o the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-] 806 no later than 7'hursday, May 14, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed s[amped envelope is enclosed for your convenience. Payment of the $500.00 matrix penalty, delinquent license and late fees and submission of insurance certificates and proof of affiliation will be considered to be a waiver of the hearing to which you are entitled. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Councii, yoa 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 Thursday, May 14, 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 appeaz before the Council and make a statement on your own behalf. 3. If you no longer wish to do business in the Ciry of Saint Paul, yoa may send a written statement to that effect ro the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, May 14, 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 wil) be placed on the City Council 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, —� �� s--- � �' �� Racbel Tiemey Assistant Ciry Attomey ca Christine Rozek, Deputy Director of DSI Celeste M. Baines, 959 Iglehart Avenue, St. Paul, MN 55104 STATE OF MINNESOT l ' , ss. COUNTY OF RAMSEY ) oy'lPa� Julie Kraus, being first duly swom, deposes and says that on the i''� day of May, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and conect copy thereof in an envelope addressed as foliows: Celeste M. Baines clo Sister Rosalind Gefre 2145 Ford Parkway St. Paul, MN 55116 Celeste M. Baines 959 Iglehart Avenue St. Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �% J e Kraus Subscribed and sworn to before me this K �day of May, 2009 � � r��-tlf�2l��� Notary Pubhc AFFIDAVIT OF SE,_ tICE BY U.S. MAIL R1TA M SOSSARD , NOTARYPUBL�C•MWNESOTA MY COMMISSION �sa%< EXpIRESJAN 31 2L 5 �) ' �—q.. � -. - _ .. -.a� -: ChapYer 310. Uniform Licen� �'rocedures Page ] of 2 Uf'�P�� (m) Presumptive penalties for certain vio/ations. The purpose of this section is to estabfish a standard by which the city cou�cil determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor li�ense § 409.26 shali apply where a specific violation is iisted. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A may exceed the maximum fine outlined below due to multiple violations in one (1) appearance. All penalty recommendations for chapter 331A violatio�s shall be based on the food penalty guideline referred to in chapter 331 A. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individuai 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 frne Revocation placed on the license fine and 10-day suspension (2) Violation of provisions of $Z,000.00 fine the legislative code relating $SOO.OD fine $1,000.00 and 10-day Revocation to the licensed activity fine suspension (3) Violation of provisions of the legislative code relating $2,�0�.00 fine to the licensed activity, �500.00 fine $1,000.00 and 10-day Revocation other than violations of the fine suspension food code (4) Failure to permit 5-day 1Q-day 15-day Revocation entrance or inspection by suspension suspension suspension DSI inspector or police (5) 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 (6) Commission of a felony on the premises by a $2,�00.�0 Revocation n!a nfa licensee or employee (7) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n/a related to violation of law or license conditions (8) Failure to pay license fees Revocation (9) Critical violations under $1,000.00, 5- Revocation 331A $250.00 $500.00 day suspension (10} Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payab/e wrthout hearing . Chapter 310. Unifonn Licens �'rocedures Page 2 of 2 U1- 1��0 A. Notwithstanding the provisions of section 310.05(c), a licensee who wouid 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 counci{ hearing, un{ess the �otice 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.