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HomeMy WebLinkAboutResolution - 2018-122 - Deny Therapeutic Licenses - 11/13/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018-122 RESOLUTION TO ADOPT THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDERS ZENOLOGY SPA,LLC YUN WANG QIAN ZHANG WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of Law, and Order (attached hereto as Exhibit A) regarding an application submitted by Zenology Spa, LLC for a Therapeutic Massage Enterprise License; and WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of Law, and Order(attached hereto as Exhibit B)regarding applications submitted by Yun Wang and Qian Zhang for Massage Therapist Licenses; and WHEREAS,the Findings of Fact, Conclusions of Law, 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 of Fact,Conclusions of Law,and Orders are hereby adopted and the Council hereby denies the issuance of a Therapeutic Massage Enterprise License to Zenology Spa, LLC, and denies the issuance of Massage Therapist Licenses to Yun Wang and Qian Zhang. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2018. an yr uk , ayor ATTEST: 4/A ;A&") ?4, - Kalbleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION FOR ZENOLOGY SPA, 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 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 Enterprise License shall be issued to a person who: f. Has knowingly misrepresented or falsified information on the license application; or k. Does not provide all information required by the application or such other information as the Issuing Authority or City Council may require. 4. City Code Section 5.46, Subdivision 8.K requires that, in the case of an Enterprise License Application, the licensee, managing partner, or manager of the licensed premises must provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright ("Local Residency"). 5. The City's 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; a copy of the Articles of Organization for the limited liability company; a copy of the lease agreement between the applicant and building owner; and a list of all persons employed, or who the applicant intends to employ, as Massage Therapists at the premise. 6. Zenology Spa LLC ("Applicant") applied to the City of Eden Prairie for an Enterprise License to operate Zenology Spa. 7. 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. 8. ManQing Ye ("Ye"), the Applicant's owner and manager, provided a copy of her Texas Department of State Health Services license with the Enterprise License Application documents. As part of the investigation in verifying the license provided, the license was found to be related to Yuyu Massage in San Antonio, Texas. Ye did not list Yuyu Massage as a place that she had been engaged as an employee of, owned, or operated within the past five(5) years on the Enterprise License Application. 9. As part of the investigation, it was also discovered that Ye was working at Jade Spa in Castle Hills, Texas in February 2015 when she was arrested for a crime. Ye did not list Jade Spa as a place that she had been engaged as an employee of, owned, or operated within the past five (5) years on the Enterprise License Application. 10. With the Enterprise License Application, Ye failed to provide the following: a. Certificate of professional liability insurance; b. Worker's Compensation Certificate of Compliance; c. A copy of the Articles of Organization for Zenology Spa, LLC; d. A copy of the lease agreement between Zenology Spa, LLC and the building owner; or e. A list of all persons employed, or who the Applicant intends to employ as Massage Therapists at Zenology Spa, LLC 11. With the Enterprise License Application,Ye listed a South Carolina driver's license number on the application and provided a copy of her South Carolina Driver's License. Ye did not otherwise provide proof of Local Residency. 12. The Chief of Police recommends denial of Applicant's Enterprise License Application because (a) Applicant failed to fully and completely provide all of the information required by the application form; (b)Applicant knowingly misrepresented or falsified information in the Enterprise License Application; and (c) Ye's failure to provide proof of Local Residency. 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 2. City Code Section 5.46, Subdivision 6.A.Lf prohibits issuance of an Enterprise License to Zenology Spa, LLC because it knowingly misrepresented or falsified information on the Enterprise License Application. 3. City Code Section 5.46, Subdivision 6.A.l.k prohibits issuance of an Enterprise License to Zenology Spa, LLC because it failed to provide all information required by the application. 4. City Code Section 5.46, Subdivision 8.K prohibits issuance of an Enterprise License to Zenology Spa, LLC because Ye, as the licensee, managing partner, or manager of Zenology Spa,LLC,did not provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby orders that: 1. The application for an Enterprise License filed by Zenology Spa, LLC is hereby denied. ADOPTED BY THE CITY COUNCIL this 13th day of November, 2018. 4Ncy �?Lu!$Prrsl yor ATTEST: Kat een Porta, City Clerk 3 EXHIBIT B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA MASSAGE THERAPIST LICENSE APPLICATIONS FOR YUN WANG AND QIAN ZHANG 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 Therapist 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; e. Has knowingly misrepresented or falsified information on the license application 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; 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. City Code Section 5.46, Subdivision 8.K requires that an applicant provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright ("Local Residency"). 6. Yun Wang("Wang")and Qian Zhang("Zhang")applied to the City of Eden Prairie for Massage Therapist Licenses. 7. The Police Department received the Therapist License applications of Wang and Zhang and conducted an investigation to verify the information on the applications pursuant to City Code Section 5.46, Subdivision 4.D. Yun Wang 8. Wang applied to the City of Eden Prairie for a Massage Therapist License to work at Zenology Spa, LLC. 9. Zenology Spa, LLC is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 10. On the Therapist License Application,Wang indicated that she is not a U.S. citizen, but failed to provide the required proof of employment eligibility. 11. With her Therapist License Application, Wang listed employment in Lake Charles, Louisiana in 2016-2017. However, she did not list a resident address in Louisiana on her Therapist License Application during that time frame. 12. With her Therapist License Application, Wang submitted her State of Florida Massage Therapist license issued in June 2017 which shows an address of 1525 S. Marengo Ave, Apt D, Alhambra, CA 91803. This address was not listed as a previous residence or employer address on her Therapist License Application. 13. With her Therapist License Application, Wang listed a California Driver's license number on her application. Wang did not otherwise provide proof of Local Residency. 14. The Chief of Police recommends denial of the Massage Therapist License to Yun Wang due to: (a) Wang'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) Wang's failure to fully and completely to provide all of the information required by the application form, specifically proof of her immigration/employment status; (c) because Wang knowingly misrepresented or falsified information related to her past places of residence; and (d) Wang's failure to provide proof of Local Residency. Qian Zhang 15. Zhang applied to the City of Eden Prairie for a Massage Therapist License to work at Zenology Spa, LLC. 16. Zenology Spa, LLC is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 17. On the Therapist License Application,Wang indicated that she is not a U.S. citizen, but failed to provide the required proof of employment eligibility. 18. With her Therapist License Application,Zhang provided documentation indicating that she completed her massage training at Lincoln Institute of Body Therapy in Orange, California. 19. 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. 20. Zhang 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. 21. With her Therapist License Application, Zhang listed a New York Driver's license number on her application and provided a copy of New York Driver's license. Zhang did not otherwise provide proof of Local Residency. 22. The Chief of Police recommends denial of the Massage Therapist License to Zhang due to: (a)Zhang'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) Zhang's failure to fully and completely to provide all of the information required by the application form, specifically proof of her immigration/employment status; (c) Zhang'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; and (d) Zhang's failure to provide proof of Local Residency. CONCLUSIONS OF LAW Yun Wang 1. Wang 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 Wang 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 6.B.Le prohibits issuance of a Therapist License to Wang because she knowingly misrepresented or falsified information on her Therapist License Application. 4. City Code Section 5.46, Subdivision 6.B.l.f prohibits issuance of a Therapist License to Wang 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. 5. City Code Section 5.46, Subdivision 6.B.l.m prohibits issuance of a Therapist License to Wang because she did not provide all information required by the license application. 6. City Code Section 5.46, Subdivision 8.K prohibits issuance of a Therapist License to Wang because she did not provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. Qian Zhang 7. Zhang 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. 8. City Code Section 5.46, Subdivision 6.B.l.c prohibits issuance of a Therapist License to Zhang 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. 9. City Code Section 5.46, Subdivision 6.B.Lf prohibits issuance of a Therapist License to Zhang 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. 10. City Code Section 5.46, Subdivision 6.B.l.h prohibits issuance of a Therapist License to Zhang 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. 11. City Code Section 5.46, Subdivision 6.13.Lm prohibits issuance of a Therapist License to Zhang because she did not provide all information required by the license application. 12. City Code Section 5.46, Subdivision 8.K prohibits issuance of a Therapist License to Zhang because she did not provide proof of residency in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. 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 Yuri Wang is hereby denied. 2. The application for a Massage Therapist License filed by Qian Zhang is hereby denied. ADOPTED BY THE CITY COUNCIL this 13th day of November, 2018. yra ken or ATTEST: 444't Kathle n Porta, City Clerk