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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 183694v1 1 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. 183694v1 2