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HomeMy WebLinkAboutResolution - 2019-79 - Massage License Denial - 07/16/2019 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-79 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDERS ROYALTY LLC DB/A JF SPA GUIRONG YE KE SUN 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 Royalty LLC d/b/a JF Spa 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 Guirong Ye and Ke Sun 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 Royalty LLC d/b/a JF Spa, and denies the issuance of Massage Therapist Licenses to Guirong Ye and Ke Sun. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kat een orta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION FOR ROYALTY LLC d/b/a JF SPA 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 the public for consideration. 2. City Code Section 5.46, Subdivision 6.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 5.A.1 provides that no Enterprise License shall be issued to a person who: j. Has been denied a therapeutic massage enterprise license by the City within one (1) year of the date of the license application. k. Does not provide all information required by the application or such other information as the City 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. City Code Section 5.46, Subdivision 5.A.2 provides that no therapeutic massage enterprise shall be licensed if- C. The property on which the enterprise is or is to be conducted is owned by, operated by, or leased to a person who is ineligible for a license, except that a property owner who is under the age of 18 shall not make the premises ineligible under this subparagraph. 5. The City's Enterprise License Application requires that, if the applicant is not the owner of the building in which the business will be located,the applicant attach a copy of the lease agreement for the building to the application. 6. The City's Enterprise License Application requires that an applicant for an Enterprise License provide a list of all persons employed, or who the applicant intends to employ, as Massage Therapists at the premises. 7. Royalty LLC d/b/a JF Spa("Applicant") applied to the City of Eden Prairie for an Enterprise License to operate JF Spa. 8. 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 6.G. 9. The Applicant responded "no" to the question on the license application asking, "Does the Applicant (Individual, Partnership, Corporation, LLC or Association) own the building?" 10. The Applicant failed to attach a copy of the lease agreement for the building in which it proposed to conduct the business. 11. As part of the investigation,it was discovered that the current lessee for the building is Min Jin LLC and Cara Chang. 12. Min Jin LLC was denied an Enterprise License by the City in February 2019. Min Jin LLC is therefore ineligible for an Enterprise License from the City. 13. The Applicant indicated on the Enterprise License Application that it intended to employ as Massage Therapists Guirong Ye and Ke Sun. The City has denied individual Massage Therapist Licenses to Guirong Ye and Ke Sun. Applicant has therefore not provided proof that it has one 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 would be issued. 14. 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) the property on which the therapeutic massage enterprise is proposed to be located is leased to a person who is ineligible for an Enterprise License; and (c) Applicant failed to have one 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. 2 CONCLUSIONS OF LAW 1. Applicant has not complied with City Code Section 5.46, Subdivision 6.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 5.A.I.j and 5.A.2.c prohibit issuance of an Enterprise License to Royalty LLC d/b/a JF Spa because the building on which the enterprise is proposed to be located is owned by, operated by, or leased to a person who is ineligible for a license. 3. City Code Section 5.46, Subdivision 5.A.I.k prohibits issuance of an Enterprise License to Royalty LLC d/b/a JF Spa because it failed to provide all information required by the application. 4. City Code Section 5.46, Subdivision 5.A.1.1 prohibits issuance of an Enterprise License to Royalty LLC d/b/a JF Spa because it failed to have one 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. 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 Royalty LLC d/b/a JF Spa is hereby denied. ADOPTED BY THE CITY COUNCIL this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: i Kathl en Porta, City Clerk 3 EXHIBIT B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA MASSAGE THERAPIST LICENSE APPLICATIONS FOR GUIRONG YE AND KE SUN FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.B 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 6.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 5.B.1 provides that no Therapist License shall be issued to a person who: 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; 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; j. Has had an interest in, individually or part of a firm, association, partnership, corporation, limited liability company, or joint venture, or has a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; In. Does not provide all information required by the license application or such other information as the City may require. 4. The City's Therapist License Application requires the applicant to attach proof of at least 600 hours of certified therapeutic massage training from an accredited institution approved by the City, including an original transcript showing dates of training and name and address of the training institute. 5. Guirong Ye ("Ye") and Ke Sun ("Sun") applied to the City of Eden Prairie for Massage Therapist Licenses. 6. The Police Department received the Therapist License applications of Ye and Sun and conducted an investigation to verify the information on the applications pursuant to City Code Section 5.46, Subdivision 6.G. Guirong Ye 7. Ye applied to the City of Eden Prairie for a Massage Therapist License to work at Royalty LLC d/b/a JF Spa. 8. Royalty LLC d/b/a JF Spa is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 9. On her Therapist License Application, Ye answered "no" to the question "Have you and/or any immediate family member had any interest in any previous therapeutic massage license that was revoked, suspended or not renewed in the past 5 years?" 10. As part of the investigation, it was discovered that Ye had a massage enterprise license and a massage therapist license revoked by the City of Brooklyn Park on August 24,2017. 11. The Chief of Police recommends denial of the Massage Therapist License to Guirong Ye due to: (a)Ye'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) Ye's knowing misrepresentation or falsification of information on the license application; and(c) the revocation of massage-related licenses held by Ye within the last five (5) years of the date the license application was submitted to the City. Ke Sun 12. Sun applied to the City of Eden Prairie for a Massage Therapist License to work at Royalty LLC d/b/a JF Spa. 13. Royalty LLC d/b/a JF Spa is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 14. With her Therapist License Application, Sun provided a certificate of completion from LA Beauty School indicating that she completed "Therapeutic Massage Program-600 Hours." Sun failed to provide an original transcript from LA Beauty School showing dates of training and name and address of the training institute. 15. 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. 16. As part of the investigation, it was discovered that Sun was working at JF Massage located at 3555 Plymouth Boulevard,Plymouth,MN("JF Massage")at the time of her application to the City, and that Sun began working at JF Massage in February 2019. 17. Sun failed to list JF Massage in response to the question on the Application requiring "Name and address of every massage therapy establishment you have owned, worked for, or practiced at in the proceeding [sic] five years." 18. The Chief of Police recommends denial of the Massage Therapist License to Ke 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; (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;and(c) Sun's failure to fully and completely to provide all of the information required by the application form, specifically the name and address of a massage therapy establishment she has worked for within the past five years. CONCLUSIONS OF LAW GuiroM Ye 1. City Code Section 5.46, Subdivision 5.B.I.f prohibits issuance of a Therapist License to Ye 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. 2. City Code Section 5.46, Subdivision 5.B.Le prohibits issuance of a Therapist License to Ye because she knowingly misrepresented or falsified information on the license application. 3. City Code Section 5.46, Subdivision 6.B.l.j prohibits issuance of a Therapist License to Ye because she has had a massage-related related license that was revoked or suspended within the last five years of the date the license application was submitted to the City. Ke Sun 4. Sun has not complied with City Code Section 5.46, Subdivision 6.A due to her failure to fully and completely provide all of the information required by the application. 5. City Code Section 5.46, Subdivision 5.B.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. 6. City Code Section 5.46, Subdivision 5.13.I1 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. 7. City Code Section 5.46, Subdivision 6.B.l.m prohibits issuance of a Therapist License to Sun 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 Guirong Ye is hereby denied. 2. The application for a Massage Therapist License filed by Ke Sun is hereby denied. ADOPTED BY THE CITY COUNCIL this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kat een Porta, City Clerk