HomeMy WebLinkAboutCity Council Resolution 2017-006
CITY OF PLYMOUTH
RESOLUTION NO. 2017-006
______________________________________________________________________________
IN RE: FINDINGS OF FACT
AND DECISION
Appeal by Chunyan Yang of denial
of Massage Therapy Center License
and Massage Therapy Certificate
______________________________________________________________________________
On December 13, 2016 and January 10, 2017, the Plymouth City Council met at its
regularly scheduled meetings to consider the appeal of the denial of Chunyan Yang’s massage
therapy certificate and massage therapy center license. Chunyan Yang was present and the City
Council heard testimony from all interested persons wishing to speak.
FINDINGS OF FACT
1. On November 7, 2016, Chunyan Yang submitted applications to renew her
massage therapy center license and massage therapy certificate.
2. The applications were referred to the police department for the department’s
review and recommendation. The police department conducted a background investigation and
recommended that the massage therapy center licensee and massage therapy certificate be
denied.
3. On December 1, 2016, the City Manager denied Chunyan Yang applications for a
massage therapy center license and massage therapy certificate.
4. Chunyan Yang appealed the City Manager’s denial of her applications for a
massage therapy center license and massage therapy certificate to the City Council.
5. Chunyan Yang answered “no” to the application question “have you ever been
convicted of any felony, crime or violation of any ordinance other than traffic offenses?”
6. On July 30, 2015 Chunyan Yang was found guilty by the Second Judicial Circuit
Court in South Dakota of the practice of massage or representation as in practice without a
license.
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7. Plymouth City Code § 1135.13 and § 615.09 provide conditions governing
issuance of massage therapy center licenses and massage therapy certificates:
A. Certificates and licenses may be issued only to persons of good repute.
B. Certificates and licenses may only be issued to persons free of conviction of
offenses which involve moral turpitude.
C. Certificates and licenses may be issued only to persons who have answered fully
all of the information requested in the application.
8. Plymouth City Code § 1135.17 provides that a massage therapy certificate may be
revoked or not renewed for fraud or deception or misrepresentation in connection with the
securing of certification.
9. Chunyan Yang did not answer fully or truthfully the information requested in the
applications. She denied that she had ever been convicted of a crime.
10. Chunyan Yang is not a person of good repute and has made misrepresentation in
connection with the attempt to secure a license and certificate. She falsified her application for a
massage therapy certificate and massage therapy center license and has entered a guilty plea for
violations related to massage therapy.
DECISION
The City Manager’s decision denying a massage therapy certificate and massage therapy
center license to Chunyan Yang is affirmed.
APPROVED by the City Council on this 10th day of January, 2017.
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