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Home My WebLink About7A YanBin Wu Public Hearing Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: February 8, 2016 AGENDA #: 7A PREPARED BY: MARK ELLIOTT, CHIEF OF POLICE PRESENTED BY: MARK ELLIOTT, CHIEF OF POLICE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPEAL OF A DENIAL OF A MASSAGE THERAPY LICENSE FOR YANBIN WU. DISCUSSION: Introduction The purpose of this agenda item is to hear an appeal by massage therapy license applicant Yanbin Wu. History The Applicant, Yanbin Wu, applied for a city massage therapy license on November 13, 2015. During the background check by the police department it was discovered that the applicant had a current license in Illinois issued by the Division of Professional Regulation. The License status is Active, with an issued date of 07/25/2013 and an expiration date of 12/31/2016. On the Prior Lake application the only license the applicant listed was Burnsville, MN for 2014, and 2015. City Code Section 303.404 provides that “Any falsification of, or missing information on the license application shall result in the denial of said license…”. Based on the missing information the City Manager denied the license. Applicant re-applied on December 18, 2015 this time listing the Illinois license. In the meantime the City received a second application for a massage license at the same location in Prior Lake by a second applicant (“L.G.”). Applicant and L.G.’s applications were for the same location in Prior Lake, Applicant and L.G. have repeatedly appeared before City staff throughthe same representative. L.G.’s application was denied due to a prostitution arrest and a civil citation and fine for an unlawful massage from Minneapolis in 2015. The Police Department performed an investigation of Applicant including a review of the massage enterprise at which she works in Burnsville. The Police Department identified various advertisements for a “futon massage” a “new girl from Las Vegas” and a number of images of Asian women who are provocatively dressed and posed. Due to the association with L.G. and the inappropriate advertisements in relation to the Applicants work in Burnsville, the City Manager denied Applicant’s license. 2 Applicant appealed the denial to the City Council. Current Circumstances The applicant appealed the denial to the City Council on January 29th, 2016. In the appeal letter the applicant said that the application asks for licensing in other “municipalities” she was licensed in and since Illinois was a state license she didn’t fill it in initially. She also claimed she did not know that the background of L.G., and that L.G. said “everything was fine” referring to her background. The applicant’s choice of work locations and choice of associates indicates a lack of willingness or ability to comply with State law and City Code. The City Council should consider the information provided by City Staff and should consider all information provided by the Applciant at the hearing. Conclusion It is recommended that the City Council uphold the denial of the massage license. ISSUES: We are in the process of updating the massage ordinance. A thoughtfully constructed ordinance and approval process will help ensure the health and safety of our citizens and prevent opportunities for prostitution and human trafficking. FINANCIAL IMPACT: No financial impact ALTERNATIVES: 1. Deny the license as recommended by staff by adoption of the attached Findings of Fact, Conclusions of Law and Order. 2. Approve the license. 3. Deny this agenda item for a specific reason and provide staff with direction. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA MASSAGE LICENSE APPLICATION FOR YANBIN WU FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT 1. Prior Lake City Code (“City Code”) Section 303.300 requires a massage license in order to perform or provide massage therapy services within the City. 2. City Code Section 303.400 requires that all applications for massage therapy licenses be made on forms provided by the City and Section 303.404 provides that any falsification of, or missing information on a license application shall result in denial. 3. City Code Section 303.600 provides that a license shall be denied if any false or misleading information is provided on the license application. 4. City Code Section 303.701 provides that a license shall be denied if the applicant/licensee is of bad repute. 5. Yanbin Wu (“Applicant”) applied to the City of Prior Lake for a massage license on November 13, 2015. A background check was performed and the license was denied pursuant to City Code Section 303.404 for Applicant’s failure to provide information relating to an Illinois license. 6. Applicant re-applied on December 18, 2015. Applicant’s license was submitted in conjunction with an application for a massage license by a second applicant (“L.G.”). Applicant and L.G.’s applications were for the same location in Prior Lake. Applicant and L.G. have repeatedly appeared before City staff with the same representative. 7. L.G.’s application was denied due to a prostitution arrest and a civil citation and fine for an unlawful massage from Minneapolis in 2015. 8. The Police Department performed an investigation of Applicant including a review of the massage enterprise at which she works in Burnsville. The Police Department identified various advertisements for a “futon massage” a “new girl from Las Vegas” and a number of images of Asian women who are provocatively dressed and posed. 9. Due to the association with L.G. and the inappropriate advertisements in relation to the Applicants work in Burnsville, the City Manager denied Applicant’s license. 10. Applicant appealed the denial to the City Council and a hearing was held on February 8, 2016. CONCLUSIONS OF LAW 1. Applicant’s first application was denied due to failure to disclose all required information pursuant to City Code Section 303.600. 2. Applicant is of bad repute due to Applicant’s association with L.G. and Applicant’s work at a Burnsville location which uses inappropriate advertisements. Applicant’s second application must be denied pursuant to City Code Section 303.701 because applicant/licensee is of bad repute. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby orders that: 1. The applications for a massage license by Yanbin Wu is hereby denied. ADOPTED BY THE CITY COUNCIL this ____ day of ___________________, 2016. ____________________________________ Kenneth L. Hedberg, Mayor ATTEST: ____________________________ Frank Boyles, City Manager Attachment “A” Advertising for the Burnsville business.