HomeMy WebLinkAboutCity Council Resolution 2012-027CITY OF PLYMOUTH
RESOLUTION NO. 2012-027
A RESOLUTION ADOPTING FINDINGS OF FACT FOR
DENIAL OF 2012 RENEWAL APPLICATION FOR MASSAGE
THERAPY CERTIFICATE FOR YUE CHANG
WHEREAS, by request of Yue Chang, on January 10, 2012 the City Council conducted a
hearing on an appeal of denial of 2012 renewal application for Massage Therapist Certificate;
and
WHEREAS, based upon results of the criminal background investigation and testimony
given at the hearing, the City Council approved the denial of the 2012 renewal application of the
Massage Therapy Certificate for Yue Chang; and
WHEREAS, the City Council directed the City Attorney to prepare findings of fact for
denial; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA that the attached Findings of Fact for denial of the
2012 Renewal Application for Massage Therapy Certificate for Yue Chang are hereby adopted.
Approved this 24th day of December 2012.
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
IN RE:
Appeal of 2012 Renewal Application for
Massage Therapist Certificate for Yue Chang
FINDINGS OF FACT
AND DECISION
On January 10 and January 24, 2012, the Plymouth City Council met at its regularly scheduled meetings
to consider Yue Chang's appeal of the denial of her 2012 massage therapist certificate. Yue Chang was present
and the City Council heard testimony from all interested persons wishing to speak at the meeting.
FINDINGS OF FACT
Yue Chang has appealed the administrative denial of her 2012 renewal application for a massage
therapist certificate. Yue Chang has withdrawn the appeal of the denial of the license for her massage therapy
center known as 4 U Foot Spa.
2. Former employees at Yue Chang's massage center in New Hope were told by Yue Chang that
they were expected to engage in sexual acts with patrons.
Yue Chang knowingly allowed unlicensed massage therapists to perform massages at her
massage business in New Hope in violation of the New Hope City Code.
4. On August 22, 2011 the City of New Hope imposed a $500 administrative penalty and
suspended Yue Chang's massage enterprise license in New Hope.
5. On November 28, 2011 the City of New Hope revoked Yue Chang's massage enterprise license.
2
6. On December 22, 2011 Yue Chang entered a plea of guilty and was found guilty in Hennepin
County District Court of unlawfully practicing, administering or providing a massage service without being
licensed to do so in violation of the New Hope City Code
§ 8.35 ( c)(2) .
7. Plymouth City Code § 11335.13(a) and (b) provides:
Conditions Governing Issuance.
(a) Certificates may be issued only to persons of good repute.
(b) Certificates may be issued only to persons free of convictions of prostitution or offenses
which involve moral turpitude or which relate directly to the persons ability, capacity, or fitness
to perform the duties and discharge the responsibility of the occupation.
8. Yue Chang is not a person of good repute.
9. Yue Chang has been convicted of an offense which related directly to her ability, capacity and
fitness to perform and discharge the responsibility of a massage therapist.
DECISION
Yue Chang's appeal of the administrative denial of her massage therapist certificate is denied.
Dated: January 24, 2012.