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HomeMy WebLinkAboutResolution - 2018-58 - Denial of Massage Therapist Licenses - 05/15/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-58 RESOLUTION TO ADOPT THE FINDINGS, CONCLUSIONS AND ORDERS NAM LLC XIOFANG HU LING SUN YUE ZHAO WHEREAS, the City Council has been presented with proposed Findings, Conclusions and Order (attached hereto as Exhibit A) regarding an application submitted by Nam LLC to do business under the name Cozy Asian Massage for a Therapeutic Massage Enterprise License; and WHEREAS, the City Council has been presented with proposed Findings, Conclusions and Order(attached hereto as Exhibit B) regarding applications submitted by Xiofang Hu, Ling Sun, and Yue Zhao for Massage Therapist Licenses; and WHEREAS,the Findings, Conclusions and Orders, attached hereto as Exhibits A and B support a recommendation for denial of the applications. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the Findings, Conclusions and Orders are hereby adopted and the Council hereby denies the issuance of a Therapeutic Massage Enterprise License to NAM LLC to do business under the name Cozy Asian Massage, and denies the issuance of Massage Therapist Licenses to Xiofang Hu, Ling Sun, and Yue Zhao. ADOPTED by the City Council of the City of Eden Prairie this 151h day of May, 2018. ancy, ra-Aej fs,Ayor ATTEST: Kath en Porta, City Clerk EXHIBITA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION FOR NAM LLC FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.A requires a Therapeutic Massage Enterprise License ("Enterprise License") in order to operate, engage in, or carry on, within the City, massage services for public for consideration. 2. City Code Section 5.46, Subdivision 4.A requires that applications for Therapeutic Massage Enterprise Licenses be made on forms provided by the City and that all information and questions be answered fully and completely by the applicant. 3. City Code Section 5.46, Subdivision 6.A.1 provides that no Therapeutic Massage Enterprise License shall be issued to a person who: k. Does not provide all information required by the application or such other information as the Issuing Authority or City Council may require; or 1. Does not have one (1) or more massage therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license is issued. 4. The City's Therapeutic Massage Enterprise License Application requires that an applicant for an Enterprise License provide various information including but not limited to: proof of professional liability and worker's compensation insurance coverage; proof related to the corporate entity, including a Certificate of Assumed Name and Certificate of Good Standing; and a floor plan of the premises to be licensed showing dimensions and identifying rooms. 5. NAM LLC ("Applicant") applied to the City of Eden Prairie for an Enterprise License to operate Cozy Asian Massage. 6. The Police Department received the application and conducted an investigation to verify the information on the application pursuant to City Code Section 5.46, Subdivision 4.D. 7. On the Enterprise License application, Applicant failed to provide the following: • Certificate of professional liability insurance • Worker's Compensation Certificate of Compliance • Certificate of Assumed Name for the LLC • Certificate of Good Standing for the LLC • Floor plans of the premises showing the defined rooms, room dimensions, or room labeling 8. The investigation revealed that NAM LLC is an "inactive" entity with the Minnesota Secretary of State. 9. The persons Applicant indicated that it intends to employ as Massage Therapists at the premises, Xiofang Hu, Ling Sun, and Yue Zhao, are not licensed by the City. 10. The Chief of Police recommends denial of Applicant's Enterprise License due to Applicant's failure to fully and completely to provide all of the information required by the application form and failure to have one or more massage therapists employed or affiliated with the therapeutic massage enterprise who is licensed by the City. CONCLUSIONS OF LAW 1. Applicant has not complied with City Code Section 5.46, Subdivision 4.A due to its failure to fully and completely provide all of the information required by the application. 2. City Code Section 5.46, Subdivision 6.A.l.k prohibits issuance of an Enterprise License to a person who fails to provide all information required by the application. 3. Applicant does not have one or more massage therapists employed or affiliated with the therapeutic massage enterprise who is licensed by the City. 4. City Code Section 5.46, Subdivision 6.A.1.1 prohibits issuance of an Enterprise License to a person who does not have one or more massage therapists employed or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the license is issued. ORDER Based on the foregoing Findings of Fact and Conclusions of Law,the City Council hereby orders that: 1. The application for a Therapeutic Massage Enterprise License filed by NAM LLC is hereby denied. ADOPTED BY THE CITY COUNCIL this 15th day of May, 2018. y -Lu , Mayor ATTEST: Tleen Porta, City Clerk EXHIBIT B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA MASSAGE THERAPIST LICENSE APPLICATIONS FOR XIOFANG HU, LING SUN,AND YUE ZHAO FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.13 requires a Massage Therapist License ("Therapist License") in order to practice, administer, or provide massage services to the public for consideration within the City. 2. City Code Section 5.46, Subdivision 4.A requires that applications for Therapist Licenses be made on forms provided by the City and that all information and questions be answered fully and completely by the applicant. 3. City Code Section 5.46, Subdivision 6.13.1 provides that no Therapeutic Massage Enterprise License shall be issued to a person who: C. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; f. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29; h. Does not provide to the City proof that he or she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full- time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City; or M. Does not provide all information required by the license application or such other information as the Issuing Authority or City Council may require. 4. The City's Therapist License Application requires that an applicant provide various information,including but not limited to citizenship status and,if the applicant is not a U.S. citizen, proof of immigration and employment status. 5. Xiofang Hu ("Hu"), Ling Sun("Sun"), and Yue Zhao ("Zhao") applied to the City of Eden Prairie for Massage Therapist Licenses. 6. The Police Department received the Therapist License applications of Hu, Sun,and Zhao and conducted an investigation to verify the information on the applications pursuant to City Code Section 5.46, Subdivision 4.D. Xiofang Hu 7. Hu applied to the City of Eden Prairie for a Massage Therapist License to work at Cozy Asian Massage. 8. Cozy Asian Massage is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 9. On the Therapist License Application, Hu indicated that she is not a U.S. citizen, but failed to provide the required proof of employment eligibility. 10. With her Therapist License Application, Hu provided documentation indicating that she completed massage training at Hamilton College in Los Angeles, California. 11. Hamilton College in Los Angeles,California is not accredited and is not a bona fide school that has been approved by the City. 12. Hu did not provide proof that she has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 13. The Chief of Police recommends denial of the Massage Therapist License to Xiofang Hu due to: (a)Hu's lack of affiliation with,employment by, or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; (b) Hu's failure to fully and completely to provide all of the information required by the application form, specifically proof of her immigration/employment status; and (c) Hu's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. Dw Sun 14. Sun applied to the City of Eden Prairie for a Massage Therapist License to work at Cozy Asian Massage. 15. Cozy Asian Massage is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 16. With her Therapist License Application, Sun provided documentation indicating that she completed her massage training at Lincoln Institute of Body Therapy in Orange, California. 17. Lincoln Institute of Body Therapy in Orange, California is not accredited and is not a bona fide school that has been approved by the City. 18. Sun did not provide proof that she has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 19. The Chief of Police recommends denial of the Massage Therapist License to Sun due to: (a) Sun's lack of affiliation with, employment by, or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; and (b) Sun's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City,or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. Yue Zhao 20. Zhao applied to the City of Eden Prairie for a Massage Therapist License to work at Cozy Asian Massage. 21. Cozy Asian Massage is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 22. On the Therapist License Application, Hu indicated that she is not a U.S. citizen, but failed to provide the required proof of employment eligibility. 23. With the Therapist License Application, Zhao provided documentation indicating that she completed her massage training at Stanton University in Garden Grove, California. 24. Stanton University in Garden Grove, California is not accredited and is not a bona fide school that has been approved by the City. 25. Zhao did not provide proof that she has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 26. The Chief of Police recommends denial of the Massage Therapist License to Zhao due to: (a) Zhao's lack of affiliation with, employment by, or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; and (b) Zhao's failure to fully and completely to provide all of the information required by the application form, specifically proof of her immigration/employment status;and(c)Zhao's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. CONCLUSIONS OF LAW Xiofang Hu 1. Hu has not complied with City Code Section 5.46, Subdivision 4.A due to her failure to fully and completely provide all of the information required by the application. 2. City Code Section 5.46, Subdivision 6.B.l.c prohibits issuance of a Therapist License to Hu because she is not a citizen of the United States or a resident alien and she has failed to provide proof that she not legally prohibited from working in the United States. 3. City Code Section 5.46, Subdivision 6.B.l.f prohibits issuance of a Therapist License to Hu because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 4. City Code Section 5.46, Subdivision 6.13.11 prohibits issuance of a Therapist License to Hu because she has failed to provide proof that she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 5. City Code Section 5.46, Subdivision 6.B.l.m prohibits issuance of a Therapist License to Hu because she did not provide all information required by the license application. Ling Sun 6. City Code Section 5.46, Subdivision 6.13.Lf prohibits issuance of a Therapist License to Sun because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 7. City Code Section 5.46, Subdivision 6.B.l.h prohibits issuance of a Therapist License to Sun because she has failed to provide proof that she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. Yue Zhao 8. Zhao has not complied with City Code Section 5.46, Subdivision 4.A due to her failure to fully and completely provide all of the information required by the application. 9. City Code Section 5.46, Subdivision 6.B.l.c prohibits issuance of a Therapist License to Zhao because she is not a citizen of the United States or a resident alien and she has failed to provide proof that she is not legally prohibited from working in the United States. 10. City Code Section 5.46, Subdivision 6.B.Lf prohibits issuance of a Therapist License to Zhao because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 11. City Code Section 5.46, Subdivision 6.B.l.h prohibits issuance of a Therapist License to Zhao because she has failed to provide proof that she has completed six hundred(600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 12. City Code Section 5.46, Subdivision 6.B.Lm prohibits issuance of a Therapist License to Zhao because she did not provide all information required by the license application. ORDER Based on the foregoing Findings of Fact and Conclusions of Law,the City Council hereby orders that: 1. The application for a Massage Therapist License filed by Xiofang Hu is hereby denied. 2. The application for a Massage Therapist License filed by Ling Sun is hereby denied. 3. The application for a Massage Therapist License filed by Yue Zhao is hereby denied. ADOPTED BY THE CITY COUNCIL this 15th day of May, 2018. cy a- , ayor ATTEST: 44�� & Kat een Porta, City Clerk