Loading...
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: � a.�.e�., A,,..� �roa.e..�n,s BY� ��d.c�-✓ l� f�1.�.�.� Adopted by Council: Date ���j f p�0 Adopti b un '1 Secret�� By. � . Approve y a r: Dat O By: Form oved by City Attorney BY� Uf,L..� I r. A� Form rov d by yor fo S bmis on to ouncil By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � oy-�� )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 � 0 i Assign � 2 NumbeT 3 For Routing I 4 Order g 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 � 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, - -� , '� ct;,�,u-� �,�� 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 O 9- o✓'�'t� Notazy Public ;�:�.�.�-�m..,.�..�,..�.� _' - r,: .H:-.=�n ��-,e 8 . Ss � s ani�ar;eJanisc�Ci-klarcaer � � MOT ARY�UBL[C•F�INNE30TA � � " ` !�°{ �Q '�" =X�:r2�� J��?.39, 2�?2 �� �*' K - ;+�,;.��„�.a�H 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. http://library4.municode.com/4472/DocView/1 006 1 /1/3 1 7/3 1 8?hilite=310 O5; 6/29/2009 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) http://library4.municode.com/4472/DocView/1 006 1/1/3 17/3 1 8?hilite=310 O5; 6/29/2009