10-69Council File # //�-1t7 � _
Green Sheet # � �� � �
RESOLUTION
CITY OF
Presented by
MINNESOTA
l�
1 WHEREAS, adverse action was taken against the Vehicle Immobilization Service license held by
2 JK Clamping, LLC d/b/a JK Clamping, LLC (License ID#20060002556) for the City of Saint Paul by
3 Notice of Intent to Suspend License dated December 2, 2009, alleging licensee failed to pay delinquent
4 license and late fees of $517.00 and submit requested information and documents listed on the bottom of
5 the renewal invoice; and
6
7 WHEREAS, per Saint Paul L,egislative Code §310.05 (m) (2), the licensing office also
8 recommended a$500.00 matrix penalty for failure to submit required documents to maintain the license;
9 and
10
11 WFiEREAS, the licensee did not respond to the Notice of Intent to Suspend License to pay the
12 delinquent license and late fees, the $500.00 matrix per�alty and submit the requested information and
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documents; and
WHEREAS, the Notice of Tntent to Suspend License stated that if the licensee failed to pay the
delinquent license and late fees, the $500.00 matrix penalty and submit the required information and
documents by December 14, 2009, that the matter would be placed on the consent agenda to impose the
recommended penalty; now, therefore, be it
RESOLVED, that the Vehicle Immobilization Service license held by JK Clamping, LLC d/b/a JK
Clamping, LLC is hereby suspended and the licensee is ordered to pay a matrix penalty of $500.00 for
failure to submit required information and documents. Payment of such penalty shall be made withan thirty
days of the date of the adoption of this resolution.
Bostrom
Carter
Stark
Thune
Adopted by Council: Date
Adoption Cert�iF by Coun il Secretary
BY / /' //Oi/iA///IC`//l[_�/J
Appro ed y a r: Date Z y7 7iD/D
By: �-�—Gl�
Reque ted by Depaztment of:
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BY: /'Y ��v
Form Appiov�,d by City Attoin�e,
By: % / � 1
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Porm Ap r ed y r for u� rissio � to Council
By: �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
(D�CP�
, Departmentl0fficetCouncit: ; Datelnitiated: � Green Sheet NO� 3094956
� S � _ Dept. of Safety & InspeCtions j 11 JAN 2010 i •
iContact Person & Phone: � ' �`°°� °°`°` °`••` • � � `•'�••
, Virpinia D. Palmer o Dept. ofSaf¢ty & Ibspection5
266$710 i I 7 �ept. of Safetv & Inspections Deparimeot Dicutor �
Assign I p{,yty Attorney .I �tv Attornev
� Must Be on CouncB Agenda by (D e): '�, Number � i----
'� 20-JAN- �� ��,� Y �..� � For 3 Mayor'sOffice i: Mavor/Assistant
, Routing �, 4 SCwncil
i
� Doc. Type: RESOLUTION � Order I 5 Giiv C9erk r1 City Cle�k '
'� E-Document Required: Y
, Document Contact: �ulie Kraus
, Contact Phone: 266-8776
��
�
Totai # of Signature Pages _(Clip All Locations for Signature)
Appzoval of the attached resolurion to take adverse action against the Vehicle Immobilizadon Service license held by J K Clamping,
LLC d/bfa J K Clamping, LLC (License ID#KL0060002556) for the Ciry of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civii Service Commission
Personal Service Contracts Must Answer the Foilowing Questions:
1. Has this person(firm ever worked under a conhaci for this depadment?
Yes No
2. Has this personlfirm ever 6een a city employee�
Yes No
3. Does this person/firm possess a skill not normally possessetl by any
curtent city employee?
Yes No
Facplain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportuoity (Who, What, When, Where, Why):
Licensee failed to pay delinyuent license and late fees of $517.00 and submit requested information and documents listed at the
bottom of the renewai invoice. After notificarion, licensee did not respond to the Notice of Intent to Suspend License.
Advantages If Approved:
License suspension and imposition of $500.00 matrix penalty.
Disadvantages If Approved:
Disadvantages If Plot Approved:
ToYal Amount of
Transaction:
Funding Source:
Financial Information:
(Explainj
CosURevenue Budgeted:
Activity Number:
January 11, 2010 10:49 AM Page 1
OFFICE OF THE CITY ATTORNEY
John J. Choi, Gi7yAttomey
jd'��I
$A�Ni
PAUL C1TY OF SAINT PAUL c��no��s�o�
� ChnstopherB. Coleman, Mayor 400 Ciry Nall Telephone: 657 266-8770
75West KelloggBlvd. Facsimi(e: 651298-5679
AAAA Saint Paul, Minnesota 55702
December 2, 2009
NOTICE OF INTENT TO SUSPEND LICENSE
John Kamatz
J K Clamping, LLC
15376 Martin Street, NW
Andover, MN 55304
RE: Vehicle Immobilization Service license held by J K Clamping, LLC d/b!a J K Clamping, LLC
for the City of Saint Paul
LicenseID #20060002556
Deaz Mr. Kaznatz:
The Department of Safety and Inspections (DSn has recommended suspension of the Vehicle
Immobilization Service license held by J K Clamping, LLC d16/a J K Clamping, LLC for the City of Saint Paul.
The basis for the recommendation is as follows:
On October 13, 2009, you were sent a letter and RENEWAL INVOICE from the
Department of Safety and Inspections (DSI) stating that your Vehicle Immobilization
Service license had expired as of July 14, 2009. You now owe $517.00 in delinquent ►icense
and late fees. You were also asked to submit copies of the documents listed on the bottom of
the renewal invoice.
You were given until November 3, 2Q04, to pay the delinquent license and late fees and
submit the required information. As of today's date, the delinquent license and late fees
have not been paid and the required documents have not been submitted.
In addition to the suspension of your license, per 5aint Paul Legislative Code §310.05 (m) (2), the licensing
office will also zecommend a$500.00 matrix penalty for failure to submit required documents in order to maintain your
license.
At this time, you have three opdons on how to proceed:
You can pay the delinquent license and late fees, the $500.00 matrix penalty and submit the required
information. If this is your choice, you should send the payments and information direcdy to the
Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no
later than Monday, December 14, 2009. Informafion should be directed to the attenrion of Christine
Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the delinquent license
and late fees, matrix penalty, and submission of the required informarion will be considered to be a waiver
of the hearing to which you are entitled.
J K Clamping, LLC
December 2, 2009
Page 2
��-(��l
2. ff you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paui
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, December 14, 2009. The matter will then be
scheduled before the Ciry Council for a public hearing to deternune whether to suspend your license and
impose the $500.00 matrix penalry. You will have an opportunity to appeaz before the Council and make a
statement on your own behalf.
3. If you no longei 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 Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul,
Minnesota 55101-1806 no later than Monday, December 14, 20U9. Infomiation should be directed to the
attention of Christine Rozek.
If you have not contacted me by that date, I witl assume that you do not contest the suspension of
your license and imposition of the $500.00 matrix penalty. In that case, the matter w71 be placed on the
City Council Consent Agenda for approval 01' the recommended penalty.
If you have questions about these op6ons, please feel free to contact me at 266-8710.
Sincerely,
�( �Y �� � ' �a✓�v °�u � l �Y�-
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
STATE OF MINNESOT "'•
� ss.
COUNTY OF RAMSEY )
(D���1
Julie Kraus, being first duly sworn, deposes and says that on the � day of
December, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by
placing a true and correct copy thereof in an envelope addressed as follows:
John Karnatz
J K Clamping, LLC
15376 Martin Street, NW
Andover, MN 55304
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United 5tates mail at St. Paul, Minnesota.
�
Julie aus
Subscribed and sworn to before me
thisp�day of December, 2009
�, � - �
No ary Public
AFFIDAVIT OF S� dICE BY U.S. MAIL
RITA M. BOSSAR�
NOTARY PUBLIC • MINNESOTA
MV COMMISSION
EXPIRES JAN. 37 , 2 0 1 0�
Chapter 310. Uniform Licen `rocedures Page 1 of 3
(D�(��1
(m) P�esumptive 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 shall apply to all license types, except that in
the case of a violation involving a liquor ficense § 409.26 sha11 appiy where a specific viofation 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 fi�e amount for violations of § 331A
may exceed the maximum fine outlined below due to multiple vfolations in one (1) appearance.
All pena{ty recommendations for chapter 331A viofations shafi 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 determis�es that there exist substantial and compeNing reasons making it more appropriate
to do so. When deviating from these standards, the council shalf provide written reasons that
specify why the penalty 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
piaced on the license fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relati�g �500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine sus ension
p
(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 suspension
DSl inspector or police
(5) Commission of a crime
other than a felony on the $700.00 $1 500.00 5-day Revocation
premises by a licensee or ' suspension
employee
(6) Gommission 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 estabiishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,0OO.OD, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation
under 331A $150.00 $250.00 $500.00 $1,OD0.00
(i) Fines payable without hearing ,
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Chapter 310. Uniform Licen: rocedures
Page 2 of 3
(p�l��l
A. Notwithstanding the provisions of section 310.05(c), a ficensee who woufd be
making a first or second appearance before the council may elect to pay the fine
to the Department of Safety and {nspections 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.
Payme�t 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 regardfess of how many prior appearances that licensee
has made before the Counc+l. The above council hearing requirement applies to
violations 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 w+ll be considered an
"appearance" for the purpose of determining presumptive penaities for
subsequent viofations. A non-critical violation under chapter 331A shal! 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 fnspections recommends a fine that is an upward departure for the amount
outlined above.
(ii} Multiple vio/ations. At a lice�see's first appearance before the city council, the
council shall consider and act upon all the violations that have been aAeged 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
depaRure from such penalties in the councii'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 a�
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 shaif be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. The same procedures shail apply to a second, third or
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
councif by a particular licensee, the council shali impose the presumptive penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
particular viofation or viofations 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 tha't violation has occurred within hvefve (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 shafl be treated as a second
appearance for the purpose of determining the presumptive penalty.
(2) If a licensee has appeared before the counc+l on two (2) previous occasions
Chapter 310. Uniform Licen: 'rocedures Page 3 of 3
(O�Ce�
for vioiations 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 councii 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 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 shaii 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 daCe 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. �5-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1672, § 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. OS-120&, § 1, 12-17-08)
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