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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 14 15 16 17 18 19 20 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 ✓ ✓ ✓ Absene Request by Department of: a�1 fi ��.�.. 1 �o i� r�.. c r... ,� C ✓ B � � Thune , Form A roved by City Attorney � BY� �,Fi� ��il� '_ 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: � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � U�' �P � f , DeQartmentlOffice(CounciL � Date Initiated: �± �+ I S � _Dept.ofSafety8lnspections � 1&JUN-09 : Vreen a7heet N� 3071768 j Contact Person & Phone: Rachel Tiemev 2 _ '� Must Be on Council Agenda by Qat - 01-JUL-09 r��, � � 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. .:w-ev�...►�+�•.�,.-�+--.-"„�"'�'-'= 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.