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
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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
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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
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Absent Requested by Depaztment of:
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Adoption Certified by Cou eil Sectetary
By:
Appro y Ma o. Date (Q .
By:
Form ved by Ciry Ac[orney
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Form Ap oved y Ma} for S` am i�n t� ouncil
By:
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� 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:
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May 27, 2009 4:15 PM Page 1
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SAfNi
PAUL
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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,
—�
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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.