09-691Council File # � �
Green Sheet # � n � / r / �
RESOLUTtON
CITY O
Presented by
P�`lJ�. MINNESOTA
�j
WAEREAS, adverse action was taken against the Massage Practitioner license held by Samantha J.
Coolidge (License ID#20070000205) for the premises located at 762 Cleveland Avenue South in Saint
Paul by Notice of Intent to Suspend License dated May 18, 2009, alleging licensee failed to pay delinquent
license and late fees in the amount of $130.00, submit a cunent certificate of General and Professional
Liability insurance and submit Proof of Affiliation; and
7 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay
8 delinquent license and late fees and submit the requested insurance and Proof of Affiliation; and
9
10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay
I 1 delinquent license and ]ate fees and submit the required insurance and Proof of Affiliation by May 28,
12 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now,
13 therefore. be it
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RESOLVED, that the Massage Practitioner license held by Samantha J. Coolidge is hereby
suspended for failure to pay delinquent license and late fees of $130.00. The licensee is also ordered to
pay a matrix penalty of $500.00 for failure to submit current insurance and Proof of Affiliation. Payment
of such penalty shall be made within thirty days of the date of the adoption of this resolution.
Bostrom
Car[er
Hazris
Stazk
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Absene Request by Department of:
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Thune , Form A roved by City Attorney
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Adopted by Council: Date �/�/�/� %
Adoption Cerh�fied b Counc cretary For App ved y yor f S issi Council
BY� // /LO.�Ge�i[L�S.d� BY �1 �.
Approv y a : �ate 7i
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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, DeQartmentlOffice(CounciL � Date Initiated: �± �+
I S � _Dept.ofSafety8lnspections � 1&JUN-09 : Vreen a7heet N� 3071768
j Contact Person & Phone:
Rachel Tiemev
2
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'� Must Be on Council Agenda by Qat
- 01-JUL-09 r��,
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� Doc. Type: RESOLUTION
1
� E-Document Required: Y
I Document Contact: �ulie Kraus
..� ; �
Assign ' 2
Number ! 3
For �
Routing 4
Order , 5
ConWCtPhone: 266-8776 � '�
Total # of Sign Pages _(Glip All Locations for Signature)
Approval of the attached resolution to take adverse action against the Massage Practitioner license held by Samantha J. Coolidge
(License #20070000205) for the premises located at 762 Cleveland Avenue South in Saint Paul.
Recommendations: Approve (A) or Reject (R).
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Cantrocts Must Answer the Foilowing Questions:
1. Has this person/firm ever worked under a contrect for this department?
Yes No
2. Has lhis person/Frm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curren4 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 and late fees of $130.00, submit a cmrent certificate of General and Professional Liabiliry
insutance and Proof of Affiliation. After notification, licensee did not respond to the Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and �mpos�t�on of $500.00 matrix penalty.
DisadvanWges If Approved:
DisadvanWges If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financial Information:
(Explain)
R��'�����
��� � � `caU�
CostlRevenue Budge4ed:
Activity Number.
June 18, 20�9 1:40 PM Page 1
OFFICE OF THE CITY ATTORNEY
John J. Chai, CityAttomey D � J ��
SwtNT
""°� CITY OF SAINT PAUL CivilDivision
� ChristopherB. Coleman, Mayor 400 City Hall 7elephone: 657 266-8710
75 West Kellogg Blvd. Facsimile: 651298-5679
AAAA SaintPaul, Minnesota 55102
May 18, 2009
NOTICE OF INTENT TO SIJSPEND LICENSE
Samantha J. Coolidge
c/o The Great Metropolitan Backrub
762 Cleveland Avenue South
St. Paul, MN 55116
RE: Massage Practitioner license held by Samantha J. Coolidge for the premises located at
762 Cleveland Avenue South in Saint Paul
License ID #20070000205
Dear Ms. Coolidge:
The Department of Safety and Inspections (DSn has recommended suspension of the Massage
Practitioner 2icense held by Samantha J. Coolidge for the premises located a1762 CIeveland Avenue
South in Saint Paul. The basis for the recommendation is as follows:
On Apri12, 2009, you were sent a letter and RENEWAL INVOICE from DSI
stating your Massage Practitioner license had expired as of December 28, 2008.
As of today's date you owe $130.00 in delinquent license and late fees. You were
also asked to submit a current certificate of General and Professional Liability
insurance with a 30-day notice of cancellation and naming the City of Saint Paul
as an additional insured and Proof of Affiliation.
You were given until Apri123, 2009, to pay the del4nquent license and late fees
and submit the required insurance and proof of af�liation. As of today's date,
neither the payment nor the required insurance and proof of affiliation have
been received.
In addition to the suspension of your ]icense for non-payment of delinquent license and late fees, per
Saint Paul L,egislative Code §310.05 (m) (2), the licensing office will also recommend a$500.00 matrix
penalty for failure to submit required insurance and proof of affiliation in order to maintain your license.
Affirmative Action Equal Opportunity Emplo��er
Samantha J. Coolidge
May 18, 2009
Page 2
At this time, you have three options on how to proceed:
U 1°IY�
You can pay the $500.00 matrix penalty, license and late fees of � 130.00 and submit the
requested insurance and proof of aff7liation. If this is your choice, you should send the
payments and information directly to the Department of Safety and Inspections at 375
Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, May 28,
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 $130.00 and submission of the requested insurance 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 heazing before
the Saint Pau] City Council, you will need to send me a letter with a statement admitting the
facts and requesting a public heazing. I will need to receive your letter by Thursday, May 28,
2009. The matter will then be scheduled before the City Council for a public heazing 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 City of Saint Paul, you will need to send a written
statement to that effect to the Department of Safety and Inspections (DSn, at 375 Jackson
Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Thursday, May 28, 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 $500.00 matrix penalty and suspension of your license. In that case, the
matter will be placed on the City Council Consent Agenda for approval of the recommended
penaity.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
2 �.� � �_
Rachel Tiemey
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Samantha J. Coolidge, 622 Grand Avenue, Apt. 106, St. Paul, MN 55105-3403
STATE OF MINNESOT ' `
, ss
COUNTY OF RAMSEY )
0
Julie Kraus, being first duly sworn, deposes and says that on the � V • day of May, she
served the attached 1VOTICE OF IN1'ENT TO SUSPEND LICENSE placing a true and
correct copy thereof in an envelope addressed as follows:
Samantha J. Coolidge
c/o The Great Metropolitan Backrub
762 Cleveland Avenue South
St. Paul, MN 55116
Samantha J. Coolidge
622 Grand Avenue, Apt. 106
St. Paul, MN 55105-3403
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
� �� ���J
Ju ' Kraus
Subscribed and sworn to before me
this �t day of May, 2009
!�l���„�����
N tary Public
AFFIDAVIT OF S�__ JICE BY U.S. MAIL
� RRA AA. BOS3ARD
� 1pTARYPUBLIC•MIM�ESOTA
'� r'� - AAV COM�SSION
'$.r. EXPIRE3 JAN 31. 20 i 0.
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Chapter 310. Uniform Licen� �'rocedures
Page 1 of 2
o �-(�q 1
(m) Presumptrve pena/ties for certain violatio�s. 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 all license types, except that in
the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is
listed. 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 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 license fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 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 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 $�00.00 $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
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 Revocation
fees
(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 payable without hearing .
Chapter 310. Unifomi Licens �rocedures
Page 2 of 2
U�- l�q 1
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
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 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.