HomeMy WebLinkAboutCity Council Resolution 2013-308CITY OF PLYMOUTH
RESOLUTION No. 2013-308
A RESOLUTION APPROVING FINDINGS OF FACT
FOR REVOCATION OF MASSAGE THERAPY CENTER LICENSE FOR
HERBAL WELLNESS SPA, 3165 FERNBROOK LANE
WHEREAS, the Council conducted a hearing on September 10, 2013 on the revocation of the
Massage Therapy Center License for Herbal Wellness Spa, 3165 Fernbrook Lane; and
WHEREAS, following the close of the public hearing, the Council directed the City Attorney to
prepare Findings of Fact for revocation of the license for the September 24, 2013 Council meeting; and
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, approves the attached Findings of Fact for Revocation of the Massage
Therapy Center License for Herbal Wellness Spa, 3165 Fernbrook Lane.
Approved this 24th day of September, 2013.
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
IN RE:
FINDINGS OF FACT
Appeal of Revocation of Massage Therapy Center License AND DECISION
For Herbal Wellness Spa
On September 10 and September 24, 2013, the Plymouth City Council met at its regularly
scheduled meetings to consider Liming Long's appeal of the revocation of the massage therapy
center license for Herbal Wellness Spa. Liming Long was present and the City Council heard
testimony from all interested persons wishing to speak at the meeting.
FINDINGS OF FACT
1. Liming Long has appealed the City Manager's revocation of her massage therapy
center license for the Herbal Wellness Spa at 3165 Fernbrook Lane in Plymouth.
2. The City of Plymouth issued a massage therapy center license to the owner of
Herbal Wellness Spa, Liming Long, on May 1, 2013.
3. On August 20, 2013, a Plymouth police discovered an ad posted on the Internet
from a female stating, "She was beautiful/sexy but classy vixen Asian therapist who loves what
she does." This advertisement stated she was working out of the Fernbrook Lane Highway 55
area. The officer contacted this female, who stated she had an immediate opening and then gave
the exact physical address of 3165 Fernbrook Lane.
4. A police officer entered the business, where he met the female identified in the
advertisement. She stated that the price for a one-hour massage was $120. The officer paid her
this amount in cash. During the massage, the officer asked if there were any additional services
and how much it would cost. She responded $40 for her to go topless. The officer paid the
additional $40. As the female began to take her top off, she was arrested. She stated that she has
been working at spa for one month and that Liming Long had hired her. The female is not
licensed as a massage therapist by the State of Minnesota or the City of Plymouth.
5. At the time of the arrest, Liming Long was not present at the spa. There were two
other women present, neither of whom were licensed massage therapists.
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6. Section 113 5.19 of the Plymouth City Code States:
Certificate Required for Employment. No employer shall employ a person to
practice massage therapy unless that person has been granted a Certificate
pursuant to this Section; and every such employer shall require that the
Certificate be prominently displayed on the business premises.
7. Section 1335.17 of the Plymouth City Code provides in part that a massage
therapy license may be revoked or suspended or not renewed for:
Engaging in conduct involving or demonstrating moral turpitude,
including, but not limited to, prostitution.
8. Liming Long knowingly violated Section 1135.19 of the City Code by employing
an unlicensed massage therapist.
9. The conduct of the unlicensed massage therapist in offering to go topless for a fee
constitutes moral turpitude in violation of section 1135.17 of the City Code.
DECISION
Liming Long's appeal of the revocation of the massage therapy center license for Herbal
Wellness Spa is denied.
Dated: September 24, 2013.
CITY OF PLYMOUTH
Kelli Slavik, Mayor
ATTEST:
/Sandra Engdahl, Cit Jerk
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