10-685Council File # d�� ° �`�
Green Sheet #�lu! r,d—��a.�0
RESOLUTION
OF SAINT PAUL, MINNESOTA �p�
Presented by
1 WHEREAS, adverse action was taken against the Massage Practitioner license held by Gayleen
2"Gigi" M. Bains (License ID #19990002301) for the premises located at 1690 University Avenue West,
3 Ste. 390, in Saint Paul by Notice of Intent to Suspend License dated May 21, 2010, alleging licensee failed
4 to submit current certificates of General and Professional Liability insurance and Proof of Affiliation; and
5
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 required information in order to maintain the license; and
9 WHEREAS, the Department of Safety and Inspections received information from the licensee's
10 employer stating that she was terminated from employment on March 19, 2010; and
]1
12 WHEREAS, the licensee did not respond to the Notice of Intent to Suspend License to submit the
13 requested infoxmation, request a hearing or cancel her license; and
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15
16
17
18
19
20
21
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WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to submit the
requested infarmation, request a hearing or cancel her license by June l, 2010, that the matter would be
placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Massage Practitioner license held by Gayleen "Gigi" M. Bains is hereby
suspended and the licensee is ordered to pay a$500.00 matrix penalty for failure to submit current
certificates of General and Professional Liability insurance and Proof of Affiliation. Payment of such
penalty shall be made within Yhirty days of the date of the adoption of this resolution.
Requested by Department of:
� �-�Y�I.0 Q�h'� 's�'Y��S
By: � � f-�2t-v'
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Adoption Certified by Council ecretary
By: �
Approved by ay : ate �/� / �
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Fo p ved by Cit �} A�mey
B Y nn ��t� �
Form Ap ved b Ma, o for Sub issi to Council
By:
Adopted by Council: Date 7�%��j/��
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
S � _ Dept. of Safety &
Contact Person $ Phone:
Rachel Tiemey
266-8710
Must Be on Council Agen
07-JU1-t0 � �'�
Doa Type:RESOLUTION
by
E-DOCUment Required: Y
Document ConWct: �uGe Kraus
Contact Phone: 266-8776
16JUN2010 I Green Sheet NO: 3115266
■♦ � �
I I
Assign I Z
Number I 3
For
Rnuti�g � 4
Order � 5
Total tf of Signature Pages _(Glip All Locations for SignaW re)
Approval of the attached resolution to take adverse action against the Massage Pracritioner license held by Gayleen "Gigi" M. Bains
(License ID#19990002301) for the premises located at 169Q University Avenue, Ste. 390 in Saint Paul.
Recommentlations: Approve (A) or Re�ect (R):
Ptanning Commission
CIB Committee
CivO Service Gommission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person�rm ever worked under a contract for this department?
Yes No
2 Has this person�rtn ever been a city empbyee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
currentcityemployee? �
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Pro61em, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to submit current certificates of Genaral and Professional Liabilitiy insmance and Proof of Affiliafion. After
notificarion, licensee did not respond to the NoUce of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 mahix penalry.
DisadvantageslfApproved:
I Disadvantages If Not Approved:
Total Amount of
Transaction;
Funding Source:
Einancia! Information:
(Explain)
CosURevenu¢ Budgeted:
Adivity Number
June 17, 2010 1132 AM Page 1
1d ��
SniN L
PAUL
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AAAA
CITY OF SAINT PAUL
ChnstopherB. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
Gera/d T. Hentlnckson. City Attomey
Telephone: 651 266-87 7 0
Facsimile: 657 298-5679
May 21, 2010
Civil Divisian
400 City Hal!
15 Wesf Kellagg Blvd.
Saint Paul, Minnesofa 55102
NOTICE OF INTENT TO SUSPEND LICENSE
Gayleen "Gigi" M. Bains
C/o Minnesota Craniofaclal Center — Midway
1690 University Avenue West, Ste. #390
St. Paul, MN 55104
RE: Massage Practitioner ]icense held by Gayleen "Gigi" M. Bains for the premises located at 1690 University
Avenue West, Ste. #390 in Saint Paul
License ID #19990002301
DearMs. Bains:
The Department of Safety and Inspections (DSn has recommended suspension of the Massage Practitioner
license held by Gayleen "Gigi" M. Bains for the premises located at 1690 University Avenue West, Ste. #390 in Saint
Pau1. The basis for che recommendation is as follows:
On March 12, 2010, you were sent a THIRD REQUEST letter from the Department of
Safety and I»spections (DSI) requesting that you submit the following information:
1) certit5cates of General and Professional Liability insurance for the coverage period of
June 6, 2009 through June 6, 2010 with a 30 day notice of cancellation and naming the
City of Saint Paul as additional insured; and 2) Proof of Affiliation from theMinnesota
Craniofacial Center.
You were given until March 26, 2010, to submit the requested information. As of
today's dateit has not been received.
In addition to the suspension of yourMassage Practitioner license, per SaintPaul Legislafive Code §310.05 (m)
(2), the licensing office will also recommend a$500.00 mahix penalry for failure to suhmit required information in
order to maintain your license.
At this ame, you have three options on how to proceed:
You can submit the reguested insurance information and Proof of Affiliadon. If this is your choice, you should
send the information directly to the Department of Safety and Inspections, at 375 Sackson S�eet, Ste. 22Q St.
Paul, Minnesota 55101-1806 no ]ater than Tuesday, June 1, 2010. Information should be directed to the
attention of Chrisune Rozek. A self-addressed envelope is enclosed for your convenience. Submission of the
requested information will be considered to be a waiver of the hearing to which you are enfifled.
Affirmative Action Equal Opportunity Employer
1 c� — ��S
Gayleen "Gigi" M. Bains
May 21, 2010
Page 2
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]etter with a statement admitting the facts and requesting a
public hearing. We will need to receive your letter by Tuesday, June 1, 2010. The matter will then be
scheduled before the Ciry Council for a public hearing to deternune whether to suspend your license and
impose the $SOOA� matrix penalty. You will have an opportunity to appeaz beforethe Council and make
a statement on your own behalf.
If you no longer wish to do business in the Ciry of Saint Paul, you wil7 need to send a written statement to
that effect to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 22Q St. Paul,
Minnesota 55101-1806 no later than Tuesday, June 1, 2010. Information should be directed to the
attention of Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the suspension of
your license and imposition of the $SOOAO 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,
�.��,.�. - T r �
Rachel Tiemey `�� �
Assistant City Attomey
ca Chris6ne Rozek, Deputy Director of DSI
Gayleen "Gigi" M. Bains, 2�06-7` Sueet West, New Richmond, WI 54017
STATE OF MINNE50TF' �� ��J�
,�s. AFFIDAVIT OF SE� ICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the � day of
May, she served the attached NOTICE OF INTENT TO 5USPEND LICENSE by placing a
true and correct copy thereof in an envelope addressed as follows:
Gayleen "Gigi" M. Bains
C/o Minnesota Craniofacial Center — Midway
1690 Universiry AvEnue West, Ste. #k390
St. Paul, MN 55104
Gayleen "Gigi" M. Bains
2006-7�' Street West
New Richmond, WI 54017
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Jul� aus
5ubscribed and sworn to before me
thisl�� day of May, 2010
/ ,�����/l// , il���
Notary Public
� RITA IIA. BOSSARD
IQURYpUBt,IC• MINNESOTA
Niy COMMISSION
E7CPIRES JAN. 3i, 20 � �
._..e.
S�.iNT
AAUL
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e�se
CITY OF SAINT PAUL
Christopher8. Coleman, Mayor
f � —� �S�
OFFICE OF THE CITY ATTORNEY
Gerald T. Hentldcksoq CityAttomey
Civi! Division
4D0 City Hall
fs West Kellogg Blvd.
Saini Paul, �nnesota 55102
J� s, �o..�s y ,,o l e,zy�. �,�rl�s ��
Telephone: 651266-8770
Facsimile: 651298-56Y9
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May 21 2010 �� n, t� ��� „ J� ��
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NOTICE OF INTENT TO SUSPEND LICENSE
Gayleen "Gigi" M. Bains
C/o Minnesota Craniofacial Center — Midway
1690 University Avenue Wesk Ste. #390
St Panl, MN 55104
��5 ���kz-,or�
1��7Z
RE: Massage Practiuoner license held by Gayleen "Gigi" M. Bains for the premises located at 1690 University
Avenue West, Ste. #390 in Saint Paul
License ID #19490002307
Dear Ms. Bains:
The Department of Safety and Inspections (DSn has recommended suspension of the Massage Practitioner
license held by Gayleen "Gigi" M. Bains for the piemises located at 1690 Univeisity Avenue West, Ste. #390 in Saint
Paul. The basis for the recommendation is as follows:
On March 12, 2010, you were sent a THIRD REQL7FST letter from the Depariment af
Safety and Iospections (DSn requestSng that you submit the following information:
1) certiticates of General and Professiona[ Liability iusurance for the coverage period of
June 6, 2009 thrnugh J�e 6,1A10 with a 30 day notice of rancetlafion and naming t6e
City of Saint Paul as additional insured; and 2) Proof of Affiliation from the Minnesota
Craniofacial Center.
You were given until March 26, 2010, to submit the requested information As of
today's date it has not been received.
In addition to the suspension of your Massage Pracfitioner license, per Saint Paul Legislative Code §310.05 (m)
(2), the licensing office will a}so recommend a$500.00 matrix penalty for failure to submit myuiied information in
order to maintain your license.
At this Ume, you have three options on how to proceed:
You can su6mit the requested insurance information and Proof of Affiliation. If this is your choice, you should
send the information directly to the Departrnent of Safety and Inspections, at 375 Jackson Sheet, Ste. 220, St
Paul, Minnesota SSIOI-1806 no later than Tuesday, June 1, 2010. Informaflon should be diiected to the
attention of ChrisRne Kozek. A self-addressed envelope is enclosed for your convenience. Submission of the
requested information.will be considered to be a waiver of the heazing to which you aze entitled.
Affirmative Action Equal Opporlunity Employer
Chapter 310. - Uniform Licer Procedures
Page 1 of 3
/n-���'�
Presumptive penalties 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 license suspensions and the
propriety of revocations, and shaA apply to all license types, except that in the case of a violation
involving 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 amountfor 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 counc+l may deviaie
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
cou�cil shall provide written reasons that specifv whv the penaltv selected was more aoorooriate.
Type of Appearance
Violation 1st
(1) Violations of $500.00 fine
conditions
placed on the
license
(2} Violation of
provisions of
the legislative
code relating to
the licensed
activity
$500.00 fine
(3) Violation of
provisions of
the legislative
code relating to
the licensed
activity, other
than violations
of the food code
(4) Failure to
permit entrance
or inspection by
DSI inspector or
police
$506.00 fine
5-day
suspension
(5) Commission
of a crime other
than a felony on
the premises by
a Iicensee or
employee
(6) Commission
of a felony on
the premises by
a licensee or
employee
$2,000.00
(7) Death or
great bodily
harm in
establisfiment
related to
violation of law
30-day
suspension
2nd
$1,000.00 fine
$1,000.00 fine
$1,000.00 fine
10-day
,500.00
Revocation
60-day
suspension
3rd
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
$2,000.00 fine
and 10-day
suspension
15-day
suspension
5-day
suspension
nla
Revocation
4th
Revocation
Revocation
Revocation
Revocation
Revocation
n/a
n/a
Chapter 310. - Uniform Licer Procedures
or license
condltions
(8) Failure to Revocation
pay license fees
Critical I $250.OQ
ations under �
A I
0) Non-critical IS150.00
otation under �
i1A
$500.00 I$1,00�.�0,5-day IRevocation
suspension
$500A0 �$1,000.00
(i) Fines payable without hearing.
Page 2 of 3
/U �r�'S
A. Nohvithstanding 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 hea�ng, 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 ot the hearing to which the ficensee is entitled,
and wili 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 frne 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 no1 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 f ne that is an
upward departure for the amount outlined above.
(ii) Multiple violatrons. At a licensee's first appearance before the city council, the council shall
consider and act upon al1 the violations that have been alleged and/or incorporated in the
notices seM 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 mulGple violaUons shall be grounds for departure from such penalties in the
council's discretion.
(iii) Violations occu�ring afre� 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 attomey prior to the hearing
date before an administrative taw �udge (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 "1 st Appearance." In all other rases, violations occurring
aRer the date of the formal notice of hearing shall be the subject of a separate proceeding and
dealt w�th as a"Znd Appearance" before the councii. The same procedures shall app4y to a
second, third or fouRh appearance before the councii.
(iv) Subsequent appearences. Upon a second, third ot fourth appearance before the counc+l 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 psior appearance. However, non-cntical 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
hf4..�//lil.ro,z,,,,,,,,:rn.l.>rnm/IITT�T /iflll�l/l0.,o72/DTT TVYTY /�.1(ll.t.,,l c/ini�nin
Chapter 310. - Uniform Lice� Procedures Page 3 of 3
1 D ��'�
ihe same licensee for a viofation listed in paragraph (m) above or section 40926, the
curzent appearance shall be treated as a second appearance for the Rurpose of
determining the presumptive penalty.
(2) If a licensee has appeared before the council on two (2) previous occasions for
violations listed in paragraph (m) or section 40926, and if said licensee again appears
before 1he council for a viotation 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 detertnining presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous occasions, each
for violations fisted in paragraph (m) or section 40926, and if said Iicensee again
appears before the council for a violation contained in paragra.ph (m), a�d 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 mulGple violations in any appearance, the date to be used
to measure whether rivelve (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) Notwithsianding subsections (iv)(1), (2), (3) or (a) above, a second appearance before
the council regarding a death or great bodily harm in a lice�sed 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 firsi appearance if
the first appearance was also regarding a death or great bodily harm in a{icensed
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, 4d9-88; Ord. No. 17559, §§ 7, Y, 5-77-88; Ord. No. 17659, § 1, 6d3-89; Ord. No. 77911,
§ 1, 3-1D-92; C.F. No. 9dd6, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-9340, § 1, f0-19-94; QF. No. 95-473, § 4, 5-
31-95; GF. No. OS-18Q § 1, 4-6-05; C.F. No. 06-954, § 1, 71-8•06; C.F. No. 06-f072, § 1, 72-Y7-O6; C.F. No. 07->49, § 73, 3-28-07;
C.F. No. 074053, § 1, 11-28-OT, C.F. No. 08-1208, § 7, 12-17-08)