HomeMy WebLinkAboutCity Council Resolution 2015-302
CP
ITY OF LYMOUTH
RN.2015-302
ESOLUTION O
RAFFD
ESOLUTION PPROVING INDINGS OF ACT AND ECISION
AQTD
FOR PPEAL BY ING IAN OF ENIAL OF
MTC
ASSAGE HERAPIST ERTIFICATE
______________________________________________________________________________
IN RE: FINDINGS OF FACT
AND DECISION
Appeal by Qing Tian of Denial of
Massage Therapist Certificate
______________________________________________________________________________
On September 22 and October 13, 2015, the Plymouth City Council met at its regularly
scheduled meetings to consider Qing Tian’s appeal of the denial of her massage therapist
certificate. Qing Tian was present and the City Council heard testimony from all interested
persons wishing to speak.
FINDINGS OF FACT
1. On July 20, 2015, Qing Tian submitted an application for a Massage Therapist
Certificate to the City.
2. The application was referred to the police department for the department’s review
and recommendation. The police department conducted a background investigation and
recommended that the Certificate be denied.
3. On August 10, 2015, the City Manager denied Qing Tian’s application for a
Massage Therapist Certificate.
4. Qing Tian appealed the City Manager’s denial of her application for a Massage
Therapist Certificate to the City Council.
5. Qing Tian answered “no” to the license application question “have you ever had a
license revoked, denied or suspended related to the conduct of massage.”
A. On October 25, 2013, the City of Plymouth suspended her massage business
license for three days \[December 5-7, 2013\] for allowing the practice of massage
at her business in Plymouth, 4 U Foot Spa, by an individual who did not have a
massage therapist certificate and, therefore, was not authorized to practice
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massage in Plymouth. On several blog sites searched by the police department,
males stated they received sexual services at the 4 U Foot Spa.
B. On October 6, 2014, the Maple Grove City Council suspended her personal
massage services license for employing a person offering massage services
without a personal license and for operating a business offering massage services
outside of lawful business hours. On October 20, 2014 the Maple Grove City
council lifted the suspension of her personal service license when she surrendered
her business license. At her business in Maple Grove, Thai Massage, a customer
stated he received sexual services and an undercover officer was offered sexual
services.
C. The license suspensions by Plymouth and Maple Grove “related to the conduct of
massage.” Qing Tian falsified her application when she denied she had any prior
suspensions related to the conduct of massage.
6. On October 22, 2013, the Plymouth police department issued Qing Tian a citation
for allowing an employee to practice massage at her business without the required certificate.
She entered a guilty plea. Prosecution was suspended conditioned on not committing any same
or similar offense for one year. The citation was subsequently dismissed.
7. On August 23, 2014, the Maple Grove police department issued Qing Tian a
citation for operating a massage business after hours and allowing massage business without a
license. She entered a plea of guilty. Prosecution was suspended conditioned on her not
committing any same or similar offense for two years. The Citation is pending.
8. Plymouth City Code § 1135.13 provides: Conditions Governing Issuance.
A Certificates may be issued only to persons of good repute.
B. Certificates may be issued only to persons who have answered fully all of the
information requested in the application.
9. Qing Tian did not answer fully the information requested in the applications. She
denied that she had any license suspension related to massage; she had two such suspensions.
10. Qing Tian is not a person of good repute. She falsified her application for a
Massage Therapist Certificate and has entered two guilty pleas for violations related to massage
therapy.
DECISION
The City Manager’s decision denying a Massage Therapist Certificate to Qing Tian is
affirmed.
Approved by the City Council on this 13th day of October, 2015.
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