10-200Council File # �Q
Green Sheet #� 4'�ri �
RESOLUTION
SAI_fyr,T PAUL, MINNESOTA
Presented by
��
1 WHEREAS adverse action was taken against the Massage Practitioner license held by Brent A.
2 Cox d/b/a Brent A. Cox (License ID#20080001088) for the premises located at 1600 University Avenue
3 West, Ste. 306 in Saint Paul by Notice of Intent to Suspend License dated January 14, 2010, alleging
4 licensee failed to pay delinquent license and late fees of $135.00; and
6 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office recommended a
7$500.00 matrix penalty for failure to submit current certificates of General and Professionalliability
8 insurance and Proof of Affiliation; and
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10 WHEREAS, the licensee did respond to the Notice of Intent to Suspend License but then failed to
ll follow-up to either pay the delinquent license and late fees and submit the requested information, request a
12 hearing or cancel his license; and
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14 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to pay the
15 delinquent license and late fees and submit the required information, request a hearing or cancel his license
16 by January 25, 201Q that the matter would be placed on the consent agenda to impose the recommended
17 penalty; now, therefore, be it
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RESOLVEA, that the Massage Practitioner license held by Brent A. Cox d/b/a Brent A. Cox is
hereby suspended for failure to pay delinquent license and late fees of $135.00; and
FURTHER RESOLVED the licensee is ordered to pay a matrix penalty of $500.00 for failure to
submit current certificates of General and Professional liability insurance and Proof of Affiliation.
Payment of such penalty sha11 be made within thirty days of the date of the adoption of this resolution.
Bostrom
Cazter
Harris
Helgen
Stark
Thune
Yeas
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Adopted by Council: Da[e a
Adoption Certified b Counci ecretary
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Approved ay r: ate ��/
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By:
Reqaested by Depaztment of:
�� �10 �, � � �
BY: /'1 ���
Porm Appiove by City Attorney �
B
Form Approved by Mayor for Submission to Council
Bv� 77�� �?�f �-r� a -/3 ��o
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�, DepartmenUOffice/CounciL• � Date Initiated: ! " V s �
S � _ Dept. of Safety & Inspections � 05 FEB 2010 ': Green Sheet NO: 3098118
;
', Contact Person & Phone: ' � '',
' Virqinia D. Palmer ;
,, 266-8710 I �
' Assign i
� Must Be on Council Agenda by (D e): � Number '
I 24-FEB-10 t ��r�� ; For 'i
� Routing j
' Doa Type: RESOLUTION '. Order !
I
'�, E-Document Required: Y ; �
� Document ConYact: Julie Kraus �
� ContaM Phone: 266-8776 ( I
' Total # of Signature Pages _(Cfip AII Locations for Signature)
0 ept of Safety & Inspections '
1 Dept af Safetv & Insoections Denartment Director
2 'Citv Attornev Citv Attoruev '
3 � Mavor's OfSce ! i MavorlAssistant ' � ��
4 onuN CStv Couna7 I
5 Citv Clerk � i G5N Clerk
Approval of the attached resolution to [ake adverse action against the Massage Pracritioner license held by Brent A. Cox d/b/a Brent
A. Cox (License ID#20080001088) for the premises located at 1600 University Avenue West in Saint Paul.
Recommendations: Approve (A) or Rejed (R):
Planning Commission
q6 Committee
Explain all yes answers on separete 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 certificates of insurance and proof of affilation.
After notification, licensee did respond to the Norice of Intent to Suspend License but then failed to follow-up to either pay the
delinquent license and late fees, submit the required information, request a hearing or cancel his license.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages If Approved:
DisadvanWges If Not Approved:
Totaf Amount of
Transaction:
Personal Service Contracts Must Mswer the Following Questions:
7. Has this person/firm ever worked under a contrad for this department?
Yes No
Civil Service Commission 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
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
February 10, 2010 10:03 AM Page 1 t J
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��°�
SAfNT
PAUL
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AA(1A
CITY OF SAINT PAUL
Chnstopher B. Coleman, Mayoi
OFFICE OF THE CITY ATTORNEY
John J. Chai, CiryAftomey
Telephone: 651266-8710
Fa csim il e: 651 298-56 i 9
January 14, 2010
Civil Division
400 City Hall
15 West Kellogg B(vd.
Samt Paul, Minnesota 55702
NOTICE OF INTENT TO SUSPEND LICENSE
Brent A. Cox
c/o Physician's Group of MN, LLC
1600 University Avenue W., Ste. 306
St. Paul, MN 55104
RE: Massage Practitioner license held by Brent A. Cox d/b/a Brent A. Cox for the premises located at 1600
University Avenue West, Ste. 306 in Saint Paul
License ID #20080001088
Dear Mr. Cox:
The Department of Safety and Inspections (DSI) has recommended suspension of the Massage Pracritioner
license held by Brent A. Cox d/b/a Brent A. Cox for the premises located at 1600 University Avenue West, Ste.
306 in Saint PauL The basis for the recommendation is as follows:
On DecemUer 10, 2009, you were sent a letter from the Department of Safety and
Inspections (DSI) stating that your Massage Practitioner license expired as oF
September 7, 2009. You now owe $135.00 in delinquent ticense and tate fees. You were
also asked to submit: 1) current certi6cates of General and Professional Liability
insurance with a 30 day notice of canceltation and naming the City of Saint Paul as
additional insured and 2) Proof of Affiliation.
You were given until December 31, 2009, to pay the license and late fees and submit the
requested information. As of today's date neither has been received.
In addition to the suspension of your Massage Practitioner license, per Saint Paul Legislative Code §310.05 (m)
(2), the licensing office will also recommend a$500.00 matrix penalty for failure to submit reguired information in
order to maintain your license.
At this time, you have three options on how to proceed:
You can pay $135.00 in delinquent license and late fees, the $500.00 matrix penalty and submit the
requested information. 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. 220, St. Paul, Minnesota 55101-1806 no
later than Monday, 3anuary 25, 2010. Information should be directed to the attention of Christine Rozek.
A self-addressed envelope is enc]osed for your convenience. Payment of the delinquent license and late
fees, mahix penalty and submission of the requested information will be considered to be a waiver of the
hearing to which you are enritled.
Brent A. Cox
J�u�y ia, 2oio
Page 2
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2. If you wish to admit the facu 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 Monday, January 25, 2010. The
matter will then be 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 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 written statement to
that effect to the Department of Safery and Inspecrions, at 375 Iackson Street, Ste. 22Q St. Paul,
Minnesota 55101-1806 no later than Monday, January 25, 2010. Information should be directed to the
attention of Christine Rozzk.
If you have not contacted me by that date, I wiil 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,
��I� ���`�v�-- i.J • tl ���� � V�� �����
Virgi a D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Brent A. Cox, 7000 Madga Drive, Ap[. 12Q Maple Grove, MN 55369
STATE OF MINNESOT' '
, ss.
COUNTY OF RAMSEY )
� Q - ��S'J
Julie Kraus, being first duly sworn, deposes and says that on the I�� day of
January, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing
a true and correct copy thereof in an envelope addressed as follows:
Brent A. Cox
c/o Physician's Group of MN, LLC
1600 University Avenue W., Ste. 306
St. Paul, MN 55104
Brent A. Cox
7000 Madga Drive, Apt. 120
Maple Grove, MN 55369
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�� '' ��
Julie aus
Subscribed and sworn to before me
this l y� day of January, 2010
✓� 1�I.�Ltv /�,�'�-vt�'��
Not y� Public
AFFIDAVIT OF SE,__ JICE BY U.S. MAIL
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Chapter 310. Uniform Licenr 'rocedures
Page ] of 3
(D- �6D
(m) Presumptive penalties for certain vio/ations. 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 shall apply to all license types, except that in
the case of a violation i�volving 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 outlined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall 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 compelfing reasons making it more appropriate
to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penalty selected 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 $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Violation of provisions of
the legislative 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
DSI inspector or police suspension
(5) Commission of a crime
other than a felony 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 $2,000.00 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
331A $250.00 $500.00 day
suspension
(10) Non-critical violation
under331A $150.00 $250.00 $500.00 $1,OD0.00
(i) Fines payab/e without hearing .
Chapter 310. Uniform Licenr 'rocedures
Page 2 of 3
l�'�O(,�
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 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 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 violation 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 licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been alleged 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" 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 dealt 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 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 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 penalty.
(2) If a licensee has appeared before the council on two (2) previous occasions
Chapter 3] 0. Uniform Licen: 'rocedures
Page 3 of 3
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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-four (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 shall 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 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)