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10-145Council NSIe # /b �� Green Sheet # jJ RESOLUTION PAUL, MINNESOTA Presented by f� 1 WHEREAS, adverse�asYiea�was taken against the Massage Center — A(Commercial) license held 2 by Michelle Strum d/b/a The Salon For You (License ID #19980003468) for the premises located at 134 3 Western Avenue North in Saint Paul by Notice of Intent to Suspend License dated November 10, 2009, 4 alleging licensee failed to submit a list of licensed massage practitioners cunently operating on site; and 5 6 WHEREAS, per Saint Paul I.egislative Code §310A5 (m) (2), the licensing office also 7 recommended a$500.00 matrix penalty for failure to submit the required information in order to maintain 8 the license; and 9 10 WHEREAS, the licensee did respond to the Notice of Intent to Suspend License by sending a letter 11 to DSI to give them the name of the new massage practitioner; however, DSI discovered the person named 12 did not currently hold a Massage Practitioner license in the City of Saint Paul; and 13 14 WHEREAS, a second letter was sent to the licensee on January 5, 2010, informing her that the new 15 massage practitioner was required to apply for a license in the City of Salnt Paul; and 16 17 WHEREAS, the letter stated that if the licensee failed to show proof that the current massage 18 practitioner has been licensed in the City of Saint Paul by 7anuary 13, 2010, that the matter would be 19 placed on the consent agenda to impose the recommended penalty; now, therefore, be it 20 21 RESOLVED, that the Massage Center — A(Commercial) license held by Michelle Strum dfbfa The 22 Salon For You is hereby suspended and the licensee is ordered to pay a matrix penalty of $500.00 for 23 failure to provide DSI with a list of licensed massage practitioners currently operating on site. Payment of 24 such penalty shall be made within thirty days of the date of the adoption of this resolution. Bostrom c�re� xarris Stazk Thune Adopted by Council: Date Requested by Deparrinent of: ���� � s By: �� �.� !/7 jW1.L�� Form Approve� by � Adoption Certified b Council ecretary For BY� � � ' i By: Approved 9�Maye : ate ( By: f to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOffice/CounciL � Date Initiated: I � /l � j SI - Dept. of Safety & Inspections i P2 �qN 2010 ; Green Sheet NO: 3096277 '� Contact Person & Phone: � Virqinia D. Palmer 266-5710 ' Must Be on Counc}'I Agenda by ( �?i 4�FES-10 ( (i �n fJ 4 P Type: RESOLUTION i � i � Assign Number j For ' Routing � Order E•Document Required: Y DocumentCOnWCt: �ufieKraus CoMact Phone: 26E8776 Total # of Signature Pages _(Clip All Locations for Signature) 0 i 2 3 4 5 Approval of the attached resolution to take adverse acfion against the Massage Center - A(Commercial) license held by Michelle Strum dJbla The Salon For You (License ID#19980003468) for the premises located at 134 Westem Avenue North in Saint Paul. Recommendations: Approve (A) or Rejecl (R). Planning Commission _ _ _ _ _ CIB Committee Civii Service Commission Personai Service Contracis Must Answer the Following Questions: 1. Has this personffirm ever worked urWer a contract for this depaAment? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain ail yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, OppoAunity (Who, What, When, Where, WFry): Licensee failed to submit a list of licensed massage practifioners currendy operating on site. After no&fication, licensee responded to the No6ce of Intent to Suspend License but then did not follow up with the list of licensed massage pracritioners currently operating on site. Ativantages IF Approved: License suspension and imposition of $500.00 matrix penalry. DisadvanWges If Approved: Disadrantages If Not Approved: Total Amount of Transaction: Funtling Source: Financial information: (Explain) CostlRevenue Budgeted: Activity Number: .lanuary 22, 20'10 '10:15 AM Page 1 !4'I�� SAfN7 PAUG � pAAll CITY OF SATNT PAUL ChnstopherB. Colemun, Mayor OFFICE OF THE CITY ATTORNEy Jnhn J Chor, C:ryAftomey Te[ephone: 651 266-87[p Facrvru(e: 6512985619 November 10, 2009 CIVII D[ViIIOII 400 Ciry Hnll ]5 West Kellogg Blvd Satnt Pau(, Minnesota SJ102 NOTICE OF INTENT TO SUSPEND LICENSE Michelle Sturm The Salon For You 134 Western Avenue North St. Paul MN 55102 RE: Massage Center — A(Commercial) license held by Michelle Sturm d/b/a The Salon For You for the premises located at 134 Western Avenue North in Saint Paul License ID #19980003468 Dear Ms. Sturm: The Department of Safety and Inspections (DSI) has recommended suspension of the Massage Center — A(Commercial) license held by Michelle Sturm d(b/a The Salon For You for the premises located at 134 Western Avenue North in Saint Paul. The basis for the recommendation is as fol3ows: On September 2A, 2004, you were sent a letter from the Department of Safety and Inspections (DSI) indicating that your Massage Center — A (Commercial) license was being placed on hold until you submitted a lfist of licensed massage practitioners currently operating on site. You were given until October 8, 2009 to submit the list. As of today's date, that information has not been received. In addition to the suspension of your Massage Center — A(Commercial) license, 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 information required to maintain your license. Affirmative Action Equal Opportunity Employer /��/� The Salon For You November 10, 2009 Page 2 At this t3me you have three options on bow to proceed: You can submit the list of massage practitioners requested. If this is your choice, you should send the information directly to the Department of Safety and Inspections at 375 Jackson Street, Ste. 220, St. Paul, MN 55101-1806 no later than Friday, November 20, 2009. Information should be directed to the attention of Christine Rozek. A self- addressed envelope is enclosed for your convenience. Submission of the requested information will be considered a waiver of the heazing to which you are entitled 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 letter by Friday, November 20, 2009. The matter will then be scheduled before the City Counci] for a public heazing to determine whether to suspend your license. 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 t}ie City of Saint Paul, you �vitl need to send a written statement to that effect to the Department of SafeYy and Inspections (DSI), at 375 Jackson Street, Ste. 226, St. Paul, Minnesota 55101-1806 no ]ater than Friday, November 20, 2009. Information should be directed to the attention of Christine Rozek. If I have not heard from you by that date, I will assume that you do not contest the 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 any questions, please feel free to contact me at (651) 266-8710. Sincerely, �i ���,�� �. � c�� ( > Virgmia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Michelle Strum, 316 Bates Avenue, St, Paul, MN 55]06-5153 Affirmative Action Equal Opportunity Employer Page I of 1 7ulie Kraus - Fwd: The Salon ForYou ��'�� From: Laura Benton To: Kraus, Julie Date: 12/28/2004 10:21 AM Subject: Fwd: The Salon For You »> Laura Benton 12/28J2009 9:29 AM »> Michelle Sturm from The Salon For You at 134 Western Ave. North sent me a letter stating that Kelly Gillespie will be the new massage practitioner operating at her site. She sent me a copy of her national certification and a copy of her insurance. She does not hold a massage practitioner license in Saint Paul. She stated in her letter if we needed anything else to e-mail her. T e-mailed her on December 10, 2009 and stated Kelly will need to apply for a Saint Paul Massage Practitioner License and she needs to add the city of Saint Paul as an additional insured on her insurance. I have not heard or received anything from Michelle Sturm or Kelly Gillespie since. file:(/C:�Documents and Settings�kraus�L,ocal Settings\Temp�XPgrpwise\4B3886Almaild... 12l3bl20Q9 OFFICE OF THE CITY ATTORNEY John Cho�, CityAftomey �4'/� SAtN'( PAUZ � AAAA ClTY OF SAINT PAUL Christopher B. Coleman, Mayor Civil Divis�on 400 C�ry Haii 75 West Kei�ogg Blvd. Sainf Paul, M�nnesota 55f 02 Telephane: 657 266-8710 Facsimile � 657 298-5679 January 5, 2010 Michelle Sturm The Salon For Xou 134 Western Avenue North St. Paul, MN 55102 RE: Massage Center — A(Commercial) license held by Michelle Smrm d/b/a The Salon For You for the premises located at 134 Western Avenue North in Saint Paul License ID #19980003468 Dear Ms. Sturm: On November 10, 2009, you were sent a Notice of Intent to Suspend License from this office which indicated the renewal of your license was placed on hold by the Aepartment of Safety and Inspections (DSn until you submitted a list of licensed massage practitioners currently operating on site along with their license numbers. Since that date, the Department of Safety and Inspections (DSI) has been working with you to get the informadon needed to renew your license. According to DSI staff, you recent3y sent a letter staung that Kelly Gillespie will now be the new massage practitioner operadng on site. Upon further review, DSI found Chat although she had national certification and insurance, she did not hold a license in the City of Saint Paul. D5I staff notified you of that fact by electronic mail on December 10, 2009 and informed you that Kelly Gillespie will need to apply for a Saint Paul Massage Pxactitioner license and add the City of Saint Paul as additional insured on her insurance. As of today's date, neither you nor Kelly Gillespie has responded to DSI's request If Kelly Glllespie daes not apply for her Massage Practitioner license and updaze her insurance information by Wednesday, January 13, 2010, we will proceed with the initial adverse action and suspend your Massage Center — A(Commercial) license. Very truly yours, \ , ��� . �M.0 t � � ���ie^u:ti Virginia�H. Palmer Assistant Ciry Attomey ca Christine Rozek, Deputy Director of DSI Michelle Strum, 316 Bates Avenue, St. Paul, MN 55106-5153 AffinnaUVe Action Equal Opportunity Employer STATE OF MINNESOTP ' , ss. COUNTY OF RAMSEY } �� ��� 3ulie Kraus, being first duly sworn, deposes and says that on the � day of November, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as foAows: Michelie Sturm The Salon For You 134 Westem Avenue North St. Paul, MN 55102 Michelle Strum 316 Bates Avenue St. Paul, MN 55106-5153 (which is the 1ast known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. r • �� � . �� Jul' Kraus Subscribed and sworn to before me this /!? `�-day of November, 2009 {// i��1L�i�- /�!. s���/� Not�ry Public AFFIDAVIT OF SE,� . ICE BY U.S. MAIL RVTA M. 80SSARD }pTARY PUBtIC• MWDIESO[A MY COMMISSION EXPIRES JAN. 31, 201 0 STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) 1 �'�7�J Julie Kraus, being first duly swom, deposes and says tbat on the ��� day of January, she served the attached LETTER by piacing a true and conect copy thereof in an envelope addressed as follows: Michelle Sturm The Salon For You 134 Western Avenue North St. Paul, MN 55102 Michelle Strum 316 Bates Avenue St. Paul, MN 55106-5153 (which is tbe last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. C' ' � � Julie aus Subscribed and sworn to before me this s�day of January, 2010 � ��-- ?�� �:��� ry Public AFFIDAVIT OF SERVICE BY U.S. MAIL RITA M. BOSSARD NDTARY PUBLIC • MINNESOTA MY COMMISSION EXPfRESJAN 3'1 261 �� _ •m•-.vvw:: � . Chapter 310. Uniform Licens - ocedures Page 1 of3 10-/�5 (m) Presumptive penalties 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 v+olation involvi�g a liquor license § 40926 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 sha(i be based on the food penalty guideline referred to in chapter 331 A. 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 pena(ty se(ected 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,D00.00 and 10-day Revocation to the licensed activity fine suspension (3) Violation of provisions of the legislative code relating g500.00 fine $1,000.00 $Z�000.00 fine Revocation to the licensed activity and 10-day 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 felony on the 5-day Revocation premises by a licensee or $700.00 $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 331l� $250.00 $500.00 day suspension (10) Non-critical violation $�{50.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payable without hearing . Chapter 310. Uniform Licens "ocedures Page 2 of 3 /6 �l�5' A. Notwithstanding the provisions of section 310.05{c), a licensee who woufd 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 penaities 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 DepaKment 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 wili be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shall not be considered an "appearance" for purposes of determining presumptive penaities for non-331A violations. A council hearing is required if the Department of Safety and lnspections recommends a fine that is an upward departure for the amount outlined above. (ii) Multip�e violations. At a licensee's first appearance before the city councif, the council shall co�sider and act upon all 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 shali consider the presumptive penalty 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) Vio�ations occu�ring 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 ifi 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 formai notice of hearing shail be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the councii. 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 shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the paRicular violation or violations that were the subject of the first or prior appearance. However, non-critical viofations of Chapter 331A shail not be counted as an "appearance" before the Council in relation to any violation other than another violation of Chapter 331 A. {v) Computatron of time. (1) if a licensee appears before the council for any violation in paragraph (m} where that violation has occurred within twelve (12) caiendar months after the first appearance of the same licensee 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 penaity. (2) if a ficensee has appeared before the council on two (2) previous occasions Chapter 310. Uniform Licens - ocedures Page 3 of 3 /D�1�5' for violations fisted 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 iisted 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-four (24) calendar menths 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 muitiple 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 violation last in time at the first appearance, and the date of the violation flrst 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 estabtishment 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 estabiishment. 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-Q6; C.F. No. Q6-1072, § 1, 12-27-06; C.F. No. Q7-149, § 73, 3-28-07; C.F. No. 07- 1053, § 1, 11-28-07; GF. No. 08-1208, § 1, 12-17-08)