09-815Council F11e # �9'��
Green Sheet #;30 r ] .� 0 S�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented by
l�
I WI�REAS, adverse action was taken against the Massage Practitioner license held by Erin E.
2 Ladendorf (License ID#20080000449) for the premises located at 340 Cedaz Street in Saint Paul by
3 Notice of Intent to Suspend License dated July 1, 2009 alleging licensee failed to pay delinquent license
4 and late fees of $135.00, submit a current certificate of General and Professional Liability insurance and
5 Proof of �liation; and
7 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
8 delinquent license and late fees, submit the required insurance and Proof of Affiliation; and
9
10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
11 delinquent license and late fees, submit the required insurance and Proof of Affiliation by July 13, 2009,
12 that the matter would be placed on the consent agenda to impose the recommended penalty; now,
13 therefore, be it
14
15 RESOLVED, that the Massage Practitioner license held by Erin E. Ladendorf is hereby suspended
16 and the licensee is ordered to pay a matrix penalty of $500.00 for failure to submit current insurance and
17 Proof of Affiliation. Payment of such penalty shall be made within thirty days of the date of the adoption
18 of this resolution.
Requested by Departrnent of:
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Adopted by Council: Date ���j f p�0
Adopti b un '1 Secret��
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Approve y a r: Dat O
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Form oved by City Attorney
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Form rov d by yor fo S bmis on to ouncil
By:
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)epartrnenUOffiee/Council: Date Initiated:
SI —Dept.ofSafety&Inspections 24JUL-09 Green Sheet NO: 3073058
Contact Person & Phone:
Rachel Tiemev
2668710
MusY Be on Councit Agenda
OS-AUG-09 % Rku n.
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: �ulie Kraus
ContaM Phone: 266-8776
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ToWI # of Signature Pages _(Clip All L f or Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against the Massage Pracfitioner license held by Erin E. Ladendorf
(License ID#20080000449) for the premises located at 340 Cedar 5treet in Saint Paul.
Reoommendations: Approve (A) or Reject (R):
Planning Commission
CB Committee
Civil Service Commission
Personal Service CoMrects Must Answer the Following Questions:
1. Has this person/firm everworked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/fircn possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate 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 $135.OQ submit a ciurent certificate of General and Professional Liability
insurance and Proof of Affiliation. After norificarion, licensee did not respond to ttte Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages If Approved:
DisadvanWges If NotApproved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
July 24, 2009 9:56 AM Page 1
D�-�l �
OFFICE OF THE CITY ATTORNEY
John J. Choi, CityAttomey
SnINi
PAUL
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AAAA
July 1, 2009
CITY OF SAINT PAUL CivilDivision
Chnstopher B. Coleman, Mayo� 400 City Hall
75 West Kellogg Bfvd.
Saint Paul, Minnesota 55102
NOTICE OF INTENT TO SUSPEND LICENSE
Erin E. Ladendorf
c/o Life Fimess
340 Cedar Street
St. Paul, MN 55101
Telephone; 657 266-8710
Facsimile: 6512g8-5619
RE: Massage Practitioner license held by Erin E. Ladendorf d/b/a Erin E. Ladendorf for the premises
located at 34Q Cedaz Street in Saint Paul
LicenseID #20080000449
Dear Ms. Ladendorf:
The Department of Safety and Inspections (DSn has recommended suspension of the Massage Practitioner
license held by Erin E. Ladendorf d/b/a Erin E. Ladendorf for the premises located at 340 Cedar Street in Saint
Paul. The basis for the recommendation as as follows:
On May 22, 2009, you were sent a letter and RENEWAL INVOICE from the
Department oF Safety and Inspections (DSI) stating that your Massage
Practitioner license was delinquent and you owed $135.00 in license and late
fees. You were also asked to submit a current certi�cate of General and
Professional Liability insurance with a 30-day notice of cancellation and
naming the City of St. Paul as an additional insured and Proof of Affiliation.
You were given until June 12, 2009, to pay the delinquent Iicense and late fees
and submit the requested insurance information and Proof of AfGliation. As of
today's date, that has not been received.
In addition to the suspension of your Massage PractiUOner license, per SaintPau] L.egislative Code §310.05 (m)
(2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit required insurance
informaqon and Proof of Affiliation in order to maintain your license.
A[ chis time, you have three options on how to proceed:
1. You can pay the delinquent license and late fees, $500.00 matrix penalty and submit the required insurance
and Proof of Affiliation. 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. 22Q St. Paul, Minnesota 55101-1806
no later than Monday, July 13, 2009. Information should be directed to the attention of Christine Rozek.
A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license and late
fees, $500.00 matrix penalry and submission of requested insurance and Proof of Affiliation will be
considered to be a waiver of the hearing to which you aze entifled.
Erin E. Ladendorf
July 1, 2009
Page 2
b 1-g/�
2. If you wish to admit the facts but contest the penalty, you may have a public hearing 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 le[ter by Monday, July 13, 2009. The matter will then 6e scheduled
before the City Council for a public hearing to determine whether to suspend your license and impose the
$500.00 matrix penalty. You will have an opportunity to appeaz before the Counci] and make a statement
on your own behalf.
If you no ]onger wish to do business in the City of Saint Paul, yo� will need to send a written statement to
tha[ effect [o the Department of Safety and Inspections, at 375 Jackson Street, Ste. 22Q S[. Paul,
Minnesota 55101-1806 no later than Monday, July 13, 2009. Information should 6e directed to the
attenuon of Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the
suspension of your license and imposition of the $500.00 matrix penalty. In that case, the matter
will be placed on the City Council Consent Agenda for approvai 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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Rachel Tierney
AssisYant Ciry Attorney
cc: Christine Rozek, Deputy Director of DSI
Erin E. Ladendorf, 1528 Parson Hill Drive, Bumsville, MN 55337
STATE OF MINNESOTP `
, �s.
COUNTY OF RAMSEY )
AFFIDAVIT OF SEl ICE BY U.S. MAIL
p��l�'
Julie Kraus, being first duly swom, deposes and says that on the � day of July, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and
conect copy thereof in an envelope addressed as follows:
Erin E. Ladendorf
c/o Life Fitness
340 Cedaz Street
St. Paul, MN 55101
Erin E. Ladendorf
1528 Pazson Hill Drive
Burnsville, MN 55337
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Ju1 aus
Subscribe�i and sworn to before me
this f 4 ' r day of July, 2009
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Notazy Public
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Chapter 310. Uniform License procedures
Page 3 of 5
txi-SI �
required insurance policies; (vi) the violation is covered by the matrix in section 40926 of the
Legisiative Code; or (vii) the violation involved the sale of cigarettes to a minor.
(I) lmposition of fines. The council may impose a fine upon any licensee or license applicant
as an adverse license action. A fine may be in such amount as the councii deems reasonable
and appropriate, having in mind the regulatory and enforcement purposes embodied in the
particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in
the sole discretion of the council. To the e�ent any other provision of the Legislative Code
provides for the imposition of a fine, both provisions shall be read together to the extent
possi6le; provided, however, that in the case of any conflict or inconsistency, the other provision
shali be controlling.
(m) Presumptive penalties for certain violations. 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 shail 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 outiined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shali 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 penafty seiected was more appropriate.
TABLEINSET:
Type of Violation
(1) Violations of conditions
placed on the license
(2) Violation of provisions of
the legislative code refating
to the licensed activity
(3) Violation of provisions of
the legislative code relating
to the licensed activity,
other than violations of the
food code
(4) Failure to permit
entrance or inspection by
DSI inspector or police
(5) Commission of a crime
other than a felony on the
premises by a licensee or
employee
(6) Commission of a felony
on the premises by a
licensee or emplovee
(7) Death or great bodily
harm in estabiishment
related to violation of law or
Appearance
1st 2nd
$500.00fine $1,000.00
fine
$500.00 fine $1,000.00
fine
$500.00 fine
5-day
suspension
$700.00
$2,000.00
30-day
suspension
$1,000.00
fine
10-day
suspension
$1,500.00
Revocation
60-day
suspension
3rd
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
15-day
suspension
5-day
suspension
n/a
Revocation
http://library4.municode.com/4472/DocView/1 006 1/1/3 1 7/3 1 8?hilite=310 O5;
4th
Revocation
Revocation
Revocation
Revocation
Revocation
n/a
n/a
6/29l2009
Chapter 310. Uniform License Procedures
py.�,�
ficense conditions
(8) Failure to pay license
fees
(9) Critical violations under
331A
Revocation
$250.00
$1,000.00, 5-
$500.00 day
(10) Non-critical violation I $150.00 I $250.00
under331A � �
(i) Fines payable without hearing .
$500.00
Revocation
$1,000.00
Page 4 of 5
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 vioiation 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 wiii be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that licensee
has made before the Council. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and Inspections is equal to or less than the fine amount outlined in the
above matrix. 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. A non-critical vioiation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multiple violations. At a Iicensee's first appearance before the city council, the
council shall consider and act upon ail the violations that have been alleged and/or
incorporated in the notices sent to the licensee under the administrative procedures act
up to and including the formal notice of hearing. The council in that case shall consider
the presumptive penafty for each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for
departure from such penalties in the council's discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occurring
after the date of the notice of hearing that are brought to the attention of the city attorney
prior to the hearing date before an administrative law judge (or before the council in an
uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee
admits to the facts, and shall in that case Be treated as though part of the "1st
Appearance." In all other cases, violations occurring after the date of the formal notice of
hearing shall be the subject of a separate proceeding and deait with as a"2nd
Appearance" before the council. The same procedures shall apply to a second, third or
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shail impose the presumptive penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or prior appearance.
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Chapter 310. Uniform License Procedures Page 5 of 5
oy-8�5
However, non-critical violations of Chapter 331A shall not be counted as an
"appearance" before the Council in relation to any violation other than another violation
of Chapter 337A.
(v) Computation ot time.
(1) If a licensee appears before the council for any violation in paragraph (m)
where that violation has occurred within twelve (12) calendar months after the
first appearance of the same Iicensee for a violation listed in paragraph (m)
above or section 409.26, the current appearance shall be treated as a second
appearance for the purpose of determining the presumptive penafty.
(2) If a licensee has appeared before the councii on two (2) previous occasions
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violation listed in paragraph (m), and if the
current violation occurs within eighteen (18) calendar months of the violation that
gave rise to the first appearance before the council, then the current appearance
shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous
occasions, each for violations listed in paragraph (m) or section 409.26, and if
said licensee again appears before the council for a violation contained in
paragraph (m), and if the current violation occurred within twenty-tour (24)
calendar months of the violation that gave rise to the first appearance, then the
current appearance shall be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
(4) Any appearance not covered by subsections (1), (2) or (3) above shall be
treated as a first appearance. In case of multiple violations in any appearance,
the date to be used to measure whether twelve (12), eighteen (18), or twenty-four
(24) months have elapsed shali be the date of the violation last in time at the first
appearance, and the date of the violation first in time at any subsequent
appearance.
(5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
licensed establishment that is related to a violation of the law or license
conditions shall be counted as a second appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shall be counted as a third appearance regardiess of
how much time has passed since the first or second appearance.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-89; Ord. No. 179i1, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-OS)
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