HomeMy WebLinkAboutCity Council Resolution 2013-148CITY OF PLYMOUTH
RESOLUTION No. 2013-148
DENY MASSAGE THERAPIST LICENSE
WHEREAS, Ma'rion Anderson and all interested persons were present at the
April 9, 2013 meeting to provide testimony;
WHEREAS, City Council made the decision to table their final answer at the May
14, 2013 meeting with the direction to the City Attorney to prepare a finding of fact
document ; and
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that per the City Attorney's Finding of
Fact the City Manager's administrative decision denying the renewal of Anderson's
massage therapist certificate is affirmed.
Approved this 14th day of May, 2013.
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CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
IN RE:
Appeal of 2013 Renewal Application for
Massage Therapist Certificate for Marion Guy Anderson III
FINDINGS OF FACT
AND DECISION
On April 9 and May 14, 2013, the Plymouth City Council met at its regularly scheduled
meetings to consider Marion Guy Anderson III's ("Anderson") appeal of the denial of his 2013
massage therapy certificate. Anderson was present and the City Council heard testimony from
all interested persons wishing to speak at the meeting.
FINDINGS OF FACT
I . Anderson has appealed the administrative denial of his 2013 renewal application
for a massage therapy certificate.
2. Plymouth City Code § 1135.05 provides that it is unlawful for anyone to practice
massage therapy in the City of Plymouth without a massage therapy certificate issued by the City
unless the person is exempt under City Code § 1135.03.
3. Anderson is not exempt under § 1135.03.
4. The City issued Anderson a massage therapy certificate in 2012. The certificate
expired on December 31, 2012. Prior to the expiration of his certificate, the City sent Anderson a
letter notifying him that he needed to renew his certificate. Anderson did not apply to renew the
certificate until after the City learned that he was continuing to practice massage therapy in the
City without a massage therapy certificate.
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5. After Anderson's massage therapy certificate had expired, Anderson continued to
engage in massage therapy in the City of Plymouth.
6. Anderson has been charged criminally with practicing massage without a
certificate at Massage Retreat in the City of Plymouth.
7. Plymouth City Code § 1135.13(a) and (b) provides that massage therapy
certificates may be issued only to persons of good repute.
8. Anderson III is not a person of good repute because he practiced massage therapy
in the City without a massage therapy certificate.
9. Plymouth City Code § 113 5.17(c) and (e) provides that the City may refuse to
renew a Certificate for conduct inimical to the interests of the public health, safety, welfare or
morals or failure to comply with the City Code section on massage therapy.
10. Anderson's practice of massage therapy without a certificate was inimical to the
interest of the public health, safety and welfare.
11. Anderson practiced massage therapy in the City in violation of the City Code §
1135.05.
DECISION
The City Manager's administrative decision denying the renewal of Anderson's massage
therapist certificate is affirmed.
Dated: May 14, 2013.
CITY OF PLYMOUTH
IC •
Kelli Slavik, Mayor
ATTEST:
Sandra Engdahl, City Clerk
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