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Directing the Department of Safety and Inspections to revoke the Massage Practitioner license against Ruth Sharon Atherly d/b/a Ruth Sharon Atherly, (License ID #20240000111) for the premises located at 621 Cleveland Avenue South.
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WHEREAS, on September 9th, 2025, Notice of Violation and Request for Revocation of License (“Notice”) (Exhibit #1), was sent to Ruth Sharon Atherly d/b/a Ruther Sharon Atherly (“Licensee”) in which the Department of Safety and Inspections (“Department”) provided notice to the Licensee of its intent to move forward with adverse action and revoke the License for failure to renew the License and pay the $500 matrix penalty, consistent with Saint Paul Legislative Code. § 310.03(b); and
WHEREAS, the Notice laid out the basis for adverse action and the Legislative Code upon which the Department was relying as follows:
Saint Paul Legislative Code § 310.01, defines “Adverse Action” as:
“the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application of the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, licensee, or applicant for a license. Adverse action includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the city. Adverse action also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license.”
Saint Paul Legislative Code § 310.02(1)(e)(5) describes how a license can be revoked if the Director of the Department finds there is an issue with the renewal of a license:
“Revocation or suspension. If the director determines that the renewal application for the renewal of a license does not meet all of the requirements of law or that there exist grounds for revocation or suspension of a Class R License the director will follow the hearing procedures as outlined in Saint Paul Legislative Code Section 310.03.”
Saint Paul Legislative Code § 310.03(m)(1)(2) and § 310.03(m)(1)(8) explain the general penalty matrix, which outlines standard penalties for violations (Exhibit #2). The matrix explains that violations of the St. Paul Legislative Code relating to the licensed activity result in a recommended $500 matrix penalty and the failure to pay license pees result in a recommended suspension of the license as a matrix penalty.
Saint Paul Legislative Code § 414.01 explains that a licensee needs a license to work as a massage or bodywork practitioner:
“No person shall engage in providing services as a massage or bodywork practitioner in Saint Paul without a license. Exception: Massage or bodywork services being conducted under the control of an accredited school at a special event in which there are no fees or money being collected from the consumer for the massage services do not require a license.”
Saint Paul Legislative Code § 414.02(a) states: “License fee. The fee required for the massage or bodywork practitioner licenses shall be established by ordinance.”
WHEREAS, on April 23, 2025, a resolution was passed (RES 25-619) (Exhibit #3), imposing the recommended $500 matrix penalty and suspension of the License on Licensee, and required Licensee to complete the renewal process and provide required documents to the Department; and
WHEREAS, the Licensee has failed to pay the $500 matrix penalty, complete the renewal process, and provide required documents, therefore, the Department will recommend a revocation of the Massage Practitioner License based on Saint Paul Legislative Code §§ 310.01, 310.02(1)(e)(5), 310.03(m)(1)(2), 310.03(m)(1)(8), 414.01, and 414.02(a); and
WHEREAS, the Department recommended a revocation of the License; now, therefore, be it
RESOLVED, the Massage Practitioner License held by Ruth Sharon Atherly d/b/a Ruth Sharon Atherly, (License ID #20240000111) for the premises located at 621 Cleveland Avenue South., Saint Paul, MN 55116, is hereby revoked for violations of and consistent with the Saint Paul Legislative Code §§ 310.01, 310.02(1)(e)(5), 310.03(m)(1)(2), 310.03(m)(1)(8), 414.01, and 414.02(a).