10-144Council File # �����
Green Sheet # �
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Presented by
F
RESOLUTION
PAUL, MINNESOTA
r3
1 WHEREAS, adverse action was taken against the Massage Practitioner license held by Renee F.
2 Lorrain d/b/a Renee F. Lorrain (License ID#20050002191) for the premises located at 1053 Grand
3 Avenue in Saint Paul by Notice of Intent to Suspend License dated December 2, 2009, alleging licensee
4 failed to pay delinquent license and late fees in the amount of $135.00, submit current certificates of
5 General and Professional Liability insurance and Proof of Affiliation; and
6
WHEREAS, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office also
recommended a$500.00 matrix penalty for failure to submit required information to maintain the license;
and
10
11 WHEREAS, the licensee did respond to the Notice of Intent to Suspend License to inquire about
12 the Notice, but then did not follow up to pay the delinquent license and late fees, submit the required
13 information or cancel hex license; and
14
15 WHEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to pay the
16 delinquent license and late fees, submit the requested information or cancel her license by December 14,
17 2009, that the matter would be placed on the consent agenda to impose the recommended penalty; now,
18 therefore, be it
19
20 RESOLVED, that the Massage Practitioner license held by Renee F. Lorrain d/b/a Renee F. Lorrain
21 is hereby suspended for failure to pay delinquent license and late fees. The licensee is also ordered to pay
22 a matrix penalty of $500.00 for failure to submit required information to maintain her license. Payment of
23 such penalty sha11 be made within thirty days of the date of the adoption of this resolurion.
Bostrom
Caz[er
Harris
Yeas
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Adopted by Council: Da[e °��/��
Absent Request�ed by Depaztment of:
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Adoption Certified by Coun 7 Secretazy
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Approve a Date
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DepartmentlO�ce/Council: ! Uate Initiated: �
: S � _ Dept. of Safety & Inspections � P2 �qN 2010 � Green Sheet NO: 3096236
� Contact Person 8 Phone:
Virpinia D. Palmer
266-8710
i Must Se on CouncitAger
��. �1.03�FE8-'10 C �tv�
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: �ulie Kraus
Contad Phone: 266-8776
� � , 0 �Dept of Safety & Inspections �'
� I 1 Depk of Saferi & inspections ry Denartment Director .
' �' � 2 CitvAttorney CitvAttornev
�� Number , 3 Mayor's Offire Mayor/Asslstant
' Por
� Roufing � 4 'Council CtiN��
i
, Order , 5'C�i[�Clerk � I Cti1v Clack I
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ToWI # of Signature Pages _(Clip All Locations for S igna t ur e)
Action Requested:
Approval of the attached resolurion to take adverse action against the Massage Practitioner license held by Renee F. Lorrain d/b/a
Renee F. Lorrain (License ID#2QOSOOQ2191) foc the piemises located at 1053 Grand Avenue, Ste. 101 in Saint Paul.
RecommendaGons: Approve (A) or Reject (R):
Planning Commission
CIB Gommittee
CiVil Service Commission
Persoaal Service Contracts Must Answe� the Foflowing Questions:
1. Has this person/firm ever worked under a contract for this departmenY?
Yes No
2. Has this person/frm ever been a city employee�
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Ezplain all 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 current certifiaates of Genexal and Professional Liabilty
insuzance and Proof of A�lia6on. After notification, licensee did respond to the Notice of Intent to Suspend License but then did not
follow up to pay delinquent fees or submit requiied informarion.
AdvanWges If Approved:
License suspension and imposiUOn of $500.00 matrix penalty.
Disadvantages If Approved:
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Expiain)
CostlRevenue Budgeted:
Activity Number:
January 22, 2010 9:46 AM Page 1
l�-/��
OFFICE OF THE CITY ATTORNEY
John ✓. Choi, CityABomey
SASNT
PAUL CITY OF SAINT PAUL CivilDivision
� ChnstopherB.Coleman,Mayor 400GityHall 7elephone:651266-8710
75 Wesi Keilogg Bivd. Facsimil¢: 651298-5619
AAAA Saint Paul, Minnesota 55f 02
December 2, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
Renee F. Lorrain
c!o Avivage Revitalizing Massage
1053 Grand Avenue, Ste. 101
St. Paul, MN 55105
RE: Massage PractiUOner license held by Renee F. Lorrain dJb/a Renee F. Lonain for the premises located at
1053 Grand Avenue, 5te. 101 in Saint Paul
License ID #20050002191
Dear Ms. Lonain:
The Department of Safety and Inspections (DSn has recommended suspension of the Massage Practitioner
license held by Renee F. Lorrain d/b/a Renee F. Lorrain for the premises located at 1053 Grand Avenue, Ste. 101
in Saint PauL The basis for the recommendation is as follows:
On October 11, 2009, you were sent a letter and RENEWAL INVOTCE from the
Department of Safety and Inspectians (D5I) stating that your N[assage Practitioner ►icense
had expired as of June 7, 2009 and you owe $135.00 in delinquent license and late fees. You
were also asked to submit current certificates of General and Professional Liability
insurance with a 30-day notice of cancellation naming the City of Saint Paul as additional
insured and Proof of afTiliation.
You were given antil November 2, 2009, to pay the delinquent license and late fees and
submit the required information. As of today's date, the delinquent license and late fees
have not been paid and the required documents have not been submitted.
In addiCion to tbe suspension of your license, per Saint Pau] L.egislative Code §310.05 (m) (2), the licensing
office will also recommend a$500.00 matrix penalty for failure to submit required documents in order to maintain
your license.
At this time, you have three options on how to proceed:
1. You can pay the delinquent ]icense and late fees, the $500.00 matrix penalry and submit the required
information. If this is your choice, you should send the payments and information direcdy to the
Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no
later than Monday, December 14, 2009. Information should be directed to the attention of Chrisdne
Rozek. A self-addressed envelope as enclosed far your convenience. Payment of the delinquent license
and late fees, matrix penalty, and submission of the required information will be considered to be a waiver
of the hearing to which you aze entitled.
Renee F. Lorrain
December 2, 2009
Page 2
/d
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 wil] need to send me a letter with a statement admitting the facts and requesting a public
hearing. We wlll need to receive your lettex by Monday, December 14, 2009. The matter will then be
scheduled before the City Council for a public hearing to detemune whether to suspend your license and
impose the $500.00 matrix penalty. You will have an opportunity to appear 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 writ[en statement to
that effect to the Depamnent of Safery and Inspections, at 375 3ackson Street, Ste. 220, St. Paul,
Minnesota 55101-7806 no later than Monday, December 14, 2009. Information should be directed to the
aztention of Chdstine Rozek.
If you have not contacted me by that date, I wil! assume that you do not cAntest 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 approval of the recommended penalty.
If you have quesuons about these options, please feel free to contact me at 266-8710.
Sincerely,
� ,���`�
Virginia . Palmer
Assistant City Attorney
P�� ( �-�->
cc: Chrisune Rozek, Deputy Director of DSI
Renee F. Lorrain, 787 Fairview Avenue North, St. Paul, MN 55104
STATE OF MINNESOT
� ss. AFFIDAVTT OF SEy_ dICE BY U.S. MAIL
COUNTY OF RAMSEY )
/d' / ��
Julie Kraus, being first duly swom, deposes and says that on the ��� day of
December, she served the attached NOT`ICE OF INTENT TO SUSPEND LICENSE by
placing a true and correct copy thereof in an envelope addressed as follows:
Renee F. L,onain
c/o Avivage Revitalizing Massage
1053 Grand Avenue, Ste. 101
St. Pau1, MN 55105
Renee F. Lorrain
787 Fairview Avenue North
St. Paul, MN 55104
(which is the last known address of said person) depositing the same, with postage prepaid, in Che
United SCaCes mail at St. Paul, Minnesota.
��
;�,
Julie Kraus
Subscribe and sworn to before me
this � day of December, 2009
��1���� /d/ - 6��3�'J`�i�Q�
Notazy Public
RITA M. BOSSARD
N6TARY WBLIC-MMI�SOTA
MY COMMlSSiON
EXPIRESJAN 31.201 0
Chapter 310. Jnifom� Licen: 7ocedures Page 1 of 3
l0'1 ��
(m) Presumptive penalfr'as for certain violations. The purpose of this section is to estabiish 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 invoiving a liquor license § 409.26 shail appfy where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shali be
given a fine for each individual violation of § 331 A. The total fi�e amount for violations of § 331 A
may exceed the maximum fine outfined below due to muftipie violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food pe�alty
guideline referred to in chapter 331A. These per�alties are presumed to be appropriate for every
case; however the councii 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 penaity selected was more appropriate.
TABLE INSET:
Appearance
Type of Violation
1st 2nd 3rd 4�f�
(1) Violai+ons af conditions $500.00 fine $1,000.00 $Z,000.00 fine Re�location
placed �Ei ihe 6cense fine and 10-day
suspension
(2) Violation af provisions of $2,000.00 fine
the legislative code relating $500.06 fine $1,000.00 and 10-day Revocation
to tr�e licensed activity fine suspension
{3) Violation of provisions of
the legisfative 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 suspension
DSI inspector or police
(5) Commission of a crime
other than a feiony 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 $2,00�.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
Iicense conditions
(8) Failure to pay license Revocation
fees
(9) Critical 4iolations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical viofation $150.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payab/e withouf hearing .
Chapter 310. Unifonn Licen- 'rocedures
Page 2 of 3
�°"l��f
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 fi�e
to the Department of Safety and Inspections without a counci{ hearing, unless the
notice ofi 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 wili 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.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid withoui 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 unfess 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 1he hearing to which the licensee is entitled, and wili be considered an
"appearance" for the purpose of determining presumptive penafties for
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes-of determining presumptive penakies
for non-331 A violations. A council hea,r',�� i5,� Pq��'sr�d i# the Department of Safety
and fnspections recommends a fine th�, i� �ar� �.�p�n�ard departure for the amount
outlined above.
(ii) Multiple violations. At a licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been alfeged andlor
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 penalty for each such violation under the "1st Appearance" cofumn in
paragraph (b) above. The occurrence of multiple violations shail be grounds for
departure from such penalties in the council's discretion.
(iii) Vrolafions occurring after the date of fhe notice of hearing. Violations occurring
after the date of the �otice 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) I�y stipufation 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 shalf be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. The same procedures shali apply to a second, third or
fourth appearance before the councii.
(iv} Subsequent appeararces. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shall 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.
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 331A.
(v) Computation of 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 )icensee for a vioiation 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 penalty.
(2) If a licensee has appeared before the councif on hvo (2) previous occasions
Chapter 3] 0. Uniform Licen: rocedures �d�/ r l� Page 3 of 3
�r
for viotations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violatio� 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 i'
said ficensee again appears before the council for a violation containeo in
paragraph (m), and if the current violation occurred within twenty-four (24)
calenciar months of the violatio� that gave rise to the first appearance, then tt�e
cunenf 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 6e
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 shall be the date of the violatio� last in time at the first
appearance, and #he 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
ficensed estabiishment that is related to a violation of the law or license
conditions shalf be counted as a second appearance, regardfess 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 regardless 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. 17911, § 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, 12-17-08)