10-302Council File # 10-302
Green Sheet #�
Presented by
RESOLUTION
,,CITY OF SAINT PAUL, MINNESOTA
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1 WIiEREAS, adverse acrion was taken against the Tattoo Pazlar license and Alann Persnit (Renew)
2 held by Yohan Almaguer dfbfa Mr. Tattods Studio (License ID#20080000768) for the premises located at
3 779-7�' 5treet East in Saint Paul by Notice of Intent to Suspend License dated Februazy 12, 2010, alleging
4 licensee failed to pay delinquent license and late fees of $554.00; and
5
WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
delinquent license and late fees; and
9 WHEREAS, the Notice of Intent to Suspend License stated that if tbe licensee failed to pay the
10 delinquent license and late fees by February 22, 2010, that the matter wouid be placed on the consent
11 agenda to impose the recommended penalty; now, therefore, be it
12
13 RESOLVED, that the Tattoo Parlor license and Alann Permit (Renew) held by Yohan Almaguer
14 dl61a Mr. Tattoo's Studio is hereby suspended.
Absent RequesYed by Depaztment of:
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AdopCed by Couucil: Date ��������(�
Adoption Certified 6y Counc� Secretary
BY / / //jil ��.c�Sa✓J
Approved by or.� Date ���-Qp�
By:
Form Approv�d by City Attorney �
By: /c N�f✓'�� � � �.�
Form Ap ed by yor for S b � ion to ouncil
By:
10-3 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
S� _ Dept. of Safety & Inspections
04 MAR 2070
Green Sheet NO: 3100997
I CoMact person ffi Phone:
, Virginia D. Pa�mer
266
''� Mus 24-MAR-10 cil Agenda 6y (� te); i
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RESOLUTION �
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E-Document Required: Y
Document Co�tact• Julie Kraus
Contact Phone: 26G8776
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Assign
Number
For
Routing
Order
1 bept of Safety & Inspections � I Departm¢nt D'uector i
2;CStv Attorney I I Citv Attoruev � �i
3 � ayor's Office Mavor/Assispnt ;
4 �Co¢ncd . _ _ _ ---�� CStV� Cuunc7 � /
5;Gtity Clerk Cir tv Clpck —�-� ���
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Top p ofi Signature Pages _(Clip AII Locations for Signature)
Action Requested:
Approval of the attached resolu6on to take adverse action against the Tattoo Pazlor license and Alazm Permit (Renew) held by Yohan
Almaguer dfbla Mr. Tattoo's Studio (License ID#20080000768) Yor the premises located at 779-7th Street East in Saint Paul.
Recommendations: Approve (A) or Rejed (R):
Planning Commission
C16 Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personlfirm ever been a city employee?
Ves No
3. Dces this personlfirtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
lnitiaGng Problem, lssues, �ppnrtunity (Whq What, When, Where, Why):
Licensee failed to pay delinquent license and late fees of $554.00. After notification, licensee did not respond to the Notice of Intent
to Suspend License.
Advantages If Approved:
License suspension.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number.
March 4, 2010 3:45 PM Page 1
10-302
SAINT
PAUL
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AAItA
CfTY OF SA1NT PAUL
Ch�rstopher 8. Co(eman, Mayor
OFFICE OF Tf� CITY ATTORNEY
John J. Choi, CityAftomey
Telephone: 65Y 266-8770
Facsimile: 651 298-56 7 9
February 12, 2�10
Civil Divis�on
400 City Hall
75 West Kellogg Blvtl.
Saint Paol, Nnnnesata 557D2
NOTICE OF INTENT TO SUSPEND LICENSE
Yohan Almaguer
Mc. Tattoo's Studio
779-7` Street East
St. Paul, MN 55106
RE: Tattoo Parlor license and Alazm Pernut (Renew} held by Yohan Almaguer dJbla Mr. Tattoo's Studio for
the premises located at 779-7'" Street East in Saint Paul
LicenseID #20080000768
Dear Yohan Almaguer:
The Departrnent of Safety and Inspections (DSn has recommended suspension of the Tattoo Pazlor license
and Alarm Permit (Renew) held by Yohan Almaguer dlbla Mr. Tattoo's SWdio for the premises located at 779-7`�
Street East in Saint Pau1. The basis for the recommendarion is as follows:
On Decem6er 30, 2Q09, you were sent a RENEWAL INVOICE from the Department of
Safety and Inspections (DSI) stating that your Tattoo Parlor license expired as of
September 30, 2004. Your Alarm Permit (Renew) fee is also delinquent. You now owe
$554.00 in delinquent license and late fees. Payment was due upon receipt of the
invoice, but as of today's date, that payment has not been received.
At this lime, you have three options on how to proceed:
Xou can pay the $554.00 in delinquent license and late fees. If this is your choice, you should send the
payment directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, February 22, 2010. 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 will be considered to be a waiver of the hearing to which you are entifled.
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 Monday, February 22, 2U10.
The matter wi11 then be scheduled before the City Council for a public hearing to detemvne whether
to suspend your license. You will have an opportunity to appear before the Council and make a
statement on your own behalf.
10-302
Mr. Tattoo's Studio
February 12, 2010
Page 2
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 DeparRnent of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, February 22, 201�. Information should be directed to the
attention of Chrisrine Rozek.
If you have not contacted me by that date, I witl assume that you do not contest the suspension of
your Sicense. In that case, the matter will be placed on the City Council Consent Agenda for approval of the
recommended penalty.
If you have questions about these oprions, please feel free to contact me at 266-8710.
Sincerely,
���� c�v„�.-- �
Virginia D. Palmer
Assistant City Attorney
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cc: Chrisune Rozek, Deputy Director of DSI
Yohan Almaguer, I 132 Albemarle Street, St. Paul, MN 55] 17
STATE OF MINNESOTI
� ss. AFFIDAVIT OF SE�. . ICE BY U.S. MAIL
COUNTY OF RAMSEY )
10-3Q2
Julie Kraus, being first duly sworn, deposes and says that on the � day of
Februazy, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing
a true and correct copy thereof in an envelope addressed as follows:
Yohan Almaguer
Mr. Tattoo's Studio
779-7`" Street East
St. Paul, MN 55106
Yo6an Almaguer
ll 32 Albemarle Stzeet
St. Paul, MN 55117
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
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Subscribed and sworn to before me
this,�-clay of February, 2010
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Not y Pablic
RITA M. 80SSARp
NoTARYPtlBUC•MMaESfnA
MY C06AMISSION
EXP�RES JAN. 31, 2015
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10-302
Chapter 310. Uniform Licens rocedures
10-3Q2
Page 1 of 3
m) Presumptive penalfies 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 ficense
suspensions and the propriety of revocations, and shall apply to al4 license types, except that in
the case of a violation involving a liquor lice�se § 40926 shall apply where a specific violation is
listed. In the case of an adverse action filed fior a viofation 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 outfined be{ow due to multipie violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shal! 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 substantiai and compelfing reasons making it more appropriate
to do so. When deviating from these standards, the councif shall provide written reasons that
specify why the penafty selected was more appropriate.
TABLE INSET:
Type of Violation Appearance
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) Viofation of provisions of $2,000.00 fine
the Iegisiative 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 $500.00 fine $1,000.00 $2�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 inspectio� by suspension suspension
DS� 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 nIa
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in estabiishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(8) Failure to pay ficense Revocation
fees
(9) Critical violations under $1,0OO.OQ, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-criticai viofation �150.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payab/e without hearing .
Chapter 310. Uniform Licens rocedures
10-302
Page 2 of 3
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
making a first or second appearance before the council may efect to pay the fine
to the Department of Safety and Inspections without a council hearing, unfess the
notice of violation has i�dicated 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 entitfed, and will be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
8. 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
vioiations under Chapter 331A uniess 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) Muitipie violations. At a licensee's first appearance before the city council, the
councii shall consider 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 shall consider
the presumptive penalty for each such vioiation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multipfe violations shall be grounds for
departure from such penalties in the council's discretion.
(iii) Violations occu�ring atter 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 stipulatio� if the licensee
admits to the facts, and shali 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 councit.
(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 tha 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 reiation to any violation other than another violation
of Chapter 331A.
(v) Computation of trme.
('i ) If a licensee appears before the council for any vioiation in paragraph (m)
where that violation has occurred within twefve (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 penaity.
(2) if a licensee has appeared before the council on two (2) previous occasions
Chapter 310. Uniform Licens rocedures
10
Page 3 of 3
for violations listed in paragraph {m) or section 409.26, and if said Iicensee 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 thai
gave rise to the first appearance before the council, tfien the current appearance
shali be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) if a licensee has appeared before the council on ihree (3) previous
occasions, each for violations fisted 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 �rst appearance, then the
current appearance shafl 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 ofi 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 i� 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 Iaw or license
conditions shali 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 Iicensed 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-$9; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; GF. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-19-94; G.F, No. 95-473, § 4, 5-31-95; G.F. No. OS-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-OT, C.F. No. 08-1208, § 1, 12-17-08)