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:
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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
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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
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PAUZ
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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)