CR 2013-043 Massage Therapy License Revocationage
May 21, 2013 Council Report 2013-043
Massage Therapy License Revocation
Proposed Action
Staff recommends adoption of the following motion: Based upon submitted Hopkins Police
at 7 - 7" Avenue North for violation of Hopkins Ordinance 1185 and adopt the findings
decision and authorize Mayor and City Clerk to complete same and provide to named party.
Overview
On or about January 22, 2013, Ms. Yu received a Massage Therapy License pursuant to Hopkins
Ordinance Section 1185. Ms. Yu's application indicated her intent to be employed at Wonderland
Asian Massage (the "Establishment"). As outline in the submitted incident report, the Hopkins Police
noticed a level of customer activity at the Establishment inconsistent with a single licensed therapist.
They arranged to have the business visited multiple times by an undercover officer. During the visits,
the officer received two separate massages by three separate Asian American females. It was
determined that more people were working as massage therapists at the Establishment than were
licensed to do so by the City of Hopkins. It also was determined that Ms. Yu hired the unlicensed
individuals to perform massages at the Establishment.
This is a violation of City Ordinance 1185.19, Subd. 1 (d): "The activities of the applicant or any
owner/agent create or have created a danger to the public health, safety or welfare" and (i): "Any
violation of this Section 1185". Specifically, the violation involves hiring individuals to perform
massages at the above business without the individuals having the required Hopkins massage therapy
license.
Primary Issues to Consider
• Does the evidence provided support the staff recommendation to revoke the massage therapy
license?
Staff believes the evidence provided supports the recommendation to revoke the massage
therapy license for Yang Yu as she violated section 1185 by hiring unlicensed massage
therapists.
Supportinz Documents
• Hopkins Police Department Incident Report #13010489-MN0270900 dated April 30, 2013
• Ordinance 1185.19
• City Manager letter to Massage Therapist Yang Yu
• City of Hopkins Massage License Application
• Massage Therapy license
• Findings of fact and decision
Kris Luedke, City Clerk
Incident Report 13010489 - NIN0270900
HOPKINS
a
HOPKINS POLICE DEPARTMENT
INCIDENT REPORT
Page 1 of 2
ICR# 13010489 1 AGENCY ORI# MN0270900
JUVENILE:
F'
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Reported: 04-30-2013 1416 First Assigned:1418 Last Cleared:1531
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Commited Start: 04-23-2013 1416 Commited End:
V
Title: Civil Matter
Z
Short Description:
Civil Matter / City Code Violation
Summary:
Massage business license check results in violation of unlicensed therapists.
Location(s)
Wonderland Asian Massage Address: 7 7TH AVE N City:
Hopkins State: MN Zip: 55343 Country:
Officer Assigned: Husevold, Erik
Badge No: 3630 Primary: Yes
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V
Officer Assigned: Kyllo, Mark (Investigator)
Badge No: 3616 Primary: No
LL
p
Officer Assigned: Meuwissen, Renee (Investigator)
Badge No: 3638 Primary: No
Officer Assigned: Lakotas, Stacy (Investigator)
Badge No: 3635 Primary: No
Officer Assigned: Struck, Matthew (Investigator Sergeant)
Badge No: 3637 Primary: No
UO
Involvement: Mentioned Name: Qiong, Liu
DOB: �
Q
Age: 32 Sex: Race:
Height: 60 Weight: IM
Z
Address: 28 6th Avenue S 6 City: Hopkins
State: MN Zip: 55343 Country:
Address: 7 7th Avenue N City: Hopkins
State: MN Zip: 55343 Country:
Phone:
Involvement: Mentioned Name: Miao, Jie
DOB:
Age: 30 Sex: Race:
Height:6 Weight:*
Address: 28 6th Avenue S 6 City: Hopkins
State: MN Zip: 55343 Country:
Address: 7 7th Avenue N City: Hopkins
State: MN Zip: 55343 Country:
Phone:
Involvement: Mentioned Name: Alaniz, Julio Alexander DOB:
Age: 34 Sex: Race:
Height: I& Weight:
Address: 1721 Nokomis Crt City: Minneapolis
State: MN Zip: 55417 Country:
Phone:
Involvement: Mentioned Name: Yu, Yang
DOB:
Age: 26 Sex: Race:
Height: a► Weight
Address: 1721 Nakomis Court City: Minneapolis
State: MN Zip: 55417 Country:
Phone:
Supplemental Report
https://rms.ei.ply-mouth.mn.us/letg/Applications/Incident/ReportControls/IncidentReport.asp... 5/1/2013
LETG Incident Report
Supplemental Report
ICR:13010489 (Hopkins Police Department)
Created By: Struck, Matthew
Last Modified By:Struck, Matthew
Title:3637
Page 1 of 1
05-01-2013
On 04/30/2013, I assisted Det. Kyllo with a license compliance investigation at Wonderland Asian Massage, 7 7th
Ave North in Hopkins.
According to Detective Kyllo's investigation, a check of the license application dated 01/11/2012, shows that the
owner of the business, JULIO ALEXANDER ALANIZ 101511AW, applied for and was granted a City of Hopkins
business license allowing him to operate the Wonderland Asian Massage, see License #2333.
Also noted in the file for Wonderland Asian Massage was an application for a massage therapist license in the name
of, YANG NMN YU 410110. Yu's application was approved allowing her to be the sole massage therapist legally
employed at Wonderland.
During the course of his initial investigation, Detective Kyllo had noted a disparate level of customer activity
inconsistent with the identified single massage therapist at the business. Officer Kyllo's subsequent investigation
utilizing a single undercover officer revealed that there were at least three female employees at that location operating
as massage therapists.
On 04/30/2013 and after the second visit by the undercover officer, Detectives Kyllo, Lakotas, Meuwissen and I
made contact with the two female employees of Wonderland Asian Massage subsequently identified as HE NMN
LIANG 0110W and QIONG NMN LIU ANINSM. Det. Kyllo asked who had hired them and they stated a
female only known to them as "Yang." Both of the females then provided the same phone number of �r
for Yang. Detective Kyllo asked them if they knew who owned the business and they said, "No." I asked them if they
were licensed by the city to work there and they looked at each other and stated that they each had their "Federal
License" but left them at home. No other persons were at the business.
It was determined that more employees are employed at Wonderland Asian Massage than the business is licensed for.
It is recommended that a review of City of Hopkins License numbers 2333 be conducted for violation of Hopkins
City Code 1185.05 S 1.
https://rms.ci.plymouth.mn.us/Ietg/Applications/CJIS/XmiIncident. aspx?SIID=267030&fs=1 &autoPiint=n... 5/l/2013
Incident Report 13010489 - MN0270900
ICR: 13010489
Title: 3616
Page 2 of 2
Last Modified: 04-30-2013 1748
Created By: Mark Kyllo
On about 04/18/2013, I suspected that Wonderland Asian Massage, 7 7th Avenue North, may have
more employees working as massage therapists than the business was licensed for. I suspected this
due to the number of vehicles parked in the business parking lot as well as the number of patrons
coming and going during the business hours of "9:30am - 10:00pm" "7 days" a week.
A check of the license application dated 01 /11/2012, shows that the owner of the business, JULIO
ALEXANDER ALANIZ�, applied for and was granted a City of Hopkins business license
allowing him to operate the Wonderland Asian Massage, see License #2333. Also noted in the file for
Wonderland Asian Massage was an application for a massage therapist license in the name of, YANG
NMN YU �. Yu's application was approved allowing her to be the sole massage therapist
legally employed at Wonderland. See License #2332.
During an approximate two week timeframe starting on about 04/21/2013, arrangements were made to
have the business visited multiple times by an undercover officer. During these visits, the undercover
officer received two separate massages by three separate Asian American females. After one of the
visits, Sergeant Struck, Detectives Meuwissen & Lakotas and I went into the business and identified
two female employees.
Using Language Line interpreter # 14374 to interpret Mandarin Chinese, I identified the first female
as, HE NMN LIANG 11MIN" and the second as, QIONG NMN LIU � . I then asked
them who hired them and they stated a female only known to them as "Yang." Both of the females
then provided the same phone number of for Yang. I asked them if they knew who
owned the business and they said, "No." I asked them if they were licensed by the city to work there
and they looked at each other and stated that they each had their "Federal License" but left them at
home. No other persons were at the business.
After identifying the females, I asked the undercover officer to describe the masseuses who worked on
him. He then described both Liang and Liu perfectly by physical description, language ability and
clothing as being the same persons I identified.
Due to the fact that it has been established that more employees are employed at Wonderland Asian
Massage than it is licensed for, I recommend a review of City of Hopkins L-imeenscr-numbers-2332-&
2333 for a violation of Hopkins City Code 1185.05 S1.
No further information.
lrttps://rms.ci.plymouth.inn.us/letg/Applications/Incident/ReportControls/lncidentReport. asp... 5/1/2013
Hopkins City Code Section 1185.19
Revoking., Suspending Denying or Not Renewing a License.
Subd. 1. The City Council may revoke, suspend, deny or decline to renew any Massage
Therapist license or Massage Therapy Establishment license issued under this Section. The basis for
such revocation, suspension, denial or non -renewal includes, but is not limited to, any of the following
circumstances:
a) The license was procured by misrepresentation of material facts.
b) The applicant or one acting in his/her behalf made oral or written misstatements accompanying
the application.
c) The applicant has failed to comply with any condition set forth in any other permits granted by
the City of Hopkins.
d) The activities of the applicant or any owner/agent create or have created a danger to the public
health, safety or welfare.
e) Failure to pay any application, penalty or reinstatement fee required by this Section and City
Council resolution.
f) Violation of any regulation or provision of the code reasonably related to the licensed activity
for which the license has been granted, or any other state or federal regulation or law so related.
g) Failure of a holder of a Massage Therapy Establishment license to properly supervise an
employee or independent contractor who has violated any ordinance or state or federal statute
reasonably related to the licensed activity.
h) Failure of a holder of a Massage Therapy Establishment license to properly supervise its
Massage Therapists, employees or independent contractors so as to prevent prostitution or
prostitution -related activities, as defined in Minnesota Statutes Section 617.80.
i) Any violation of this Section 1185.
1185.05 License Required. Subdivision 1. It shall be unlawful for any person to practice as a massage
therapist or operate a massage therapy establishment in the City of Hopkins without first obtaining a
license to do so. However, no license is required for any massage therapist working for or as an
employee of a medical professional licensed under Minnesota Statutes Chapters 147 or 148.
May 6, 2013
City of �opkins
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1010 First Street South • 5fopkins, 9d_N 55343-7573 • Phone: 952-9.35-8474 • Fa.X• 952-935-1834
Web address: www.hopkinsmn.ccm
Yang Yu
1721 Nokomis Court
Minneapolis, MN 55417
Re: 1) Notice of Massage Therapy License Revocation Hearing
2) Temporary Suspension (21 Day) of Massage Therapy License
Licensee: Yang Yu
License No.: 2332
Practice Address: 7 7t' Avenue North, Hopkins MN
Dear Ms. Yang:
This notice is served on you because you are holder of the above -referenced Massage Therapy License.
On April 30, 2013, there was a violation of your duties under Hopkins Ordinance Section 1185.19,
Subd. 1 (d): "The activities of the applicant or any owner/agent create or have created a danger to
the public health, safety or welfare" and (i): "Any violation of this Section 1185". Specifically,
the violation involves you hiring individuals to perform massages at the above business without the
individuals having the required Hopkins massage therapy license.
The Hopkins Police Department noticed a level of customer activity inconsistent with the single
licensed therapist at 7 7t' Avenue North. During an approximate two week time frame starting on
or about April 21, 2013 the Hopkins Police Department arranged to have the business visited
multiple times by an undercover officer. During these visits, the undercover officer received two
separate, massages by three separate Asian American females. On April 30, 2013, Detectives Kyllo,
Lakotas, Meuwissen and Sergeant Struck went into the business and made contact with two of the
female employees.
Using a Language Line interpreter to interpret Mandarin Chinese, the first female was identified as
Jie NMN Liang and the second as Qiong NMN Liu. Detective Kyllo asked the female employees
who hired them; they stated a female only known to them as "Yang". Both of the females then
provided the same phone number for Yang. Detective Kyllo asked if they knew who owned the
business they said "No". Sergeant Struck asked if they were licensed by the city to work there,
they looked at each other and stated they each had their "Federal License" but left them at home.
After identifying the females, Detective Kyllo asked the undercover officer to describe the
masseuses who worked on him. He then described both Liang and Liu perfectly by physical
description, language ability and clothing as being the same persons as identified by Detective
Kyllo.
Partnering with the Community to Enhance the Quafity of Life
• Inspire + Educate • Involve • Communicate
May 6, 2013
Page 2
City Staff is recoirunending revocation of your Massage Therapy License by the City Council. This
matter is set for a hearing before the Hopkins City Council on May 21, 2013 at 7:30 p.m., in the
Council Chambers at Hopkins City Hall, 1010 — l st Street South, Hopkins, Minnesota. The hearing will
be governed by Hopkins Ordinance 1185.19.
The City Council will hear all relevant evidence and arguments, and will review all testimony,
documents, and other evidence submitted. You will have an opportunity to be heard and you may be
represented by counsel. The City Council will decide whether to revoke your Massage Therapy
License or to exercise any other lawful authority it may have over your license based on the evidence
received at that hearing.
Finally, pursuant to my authority under Hopkins Ordinance 118 5.19, Subd. 6, your Massage Therapy
License is suspended for 21 days, beginning May 7, 2013. The conduct described above violates the
provisions of Section 1185 Regulation of Massage of the Hopkins Ordinances. It is unlawful for you
to perform massages in the City of Hopkins while this suspension is in effect. If you violate the
temporary suspension, you can be subject to criminal prosecution.
Sincerely,
6
Mike Mornson
City Manager
City of Hopkins
cc: City Clerk
Police Captain
City of Kopkins
1010 1st Street South • Hopkins, MN 55343 • 952.935.8474 • 952.935.1834 (fax)
www.hopkinsmn.com
New — $100 plus $50 investigation fee ❑ Renewal — $100
Name: y� L
Date of Birth:
Other names you have been known by:
Home Address:
City:
State:
ZIP:
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Home Phone Number:
Driver's License Number
Previous Addresses (past five years): i 6 Ci J
Have you ever been arrested?
NO ❑ YES If yes, explain:
Massage Therapy Practice Address:
City:
State:
ZIP: 537
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Massage Therapy Practice Phone Number: Hours of Operation:
44
TENNESSEN WARNING
As an applicant for a license from the City of Hopkins, I have voluntarily supplied data about myself which may be public and/or private in nature. 1
understand that, as part of the licensing process, I am requested to supply this information. I understand that failure to provide accurate and adequate
data may result in my license being denied. I further understand that this information will be used by the City of Hopkins in order to conduct a police
background investigation. Finally, I understand that the data which 1 have provided may be shared in whole, or in part, by other agencies, by other private
and public entities, and by other persons, for the purpose of conducting a background investigation. 1, therefore, release the City of Hopkins and any of its
agents or employees, form any and all liability or claims for any injury or damage which I may experience as a direct or indirect result of the intended use
of this information. I authorize investigation of all statements contained in this application. I understand that the misrepresentation, or the omission of
facts called for, will be just cause for denying me a license.
Applicant's Signature:C , Date:
Submit the following items with your application:
Diploma or Certificate of Completion
❑ Proof ofCo se Work showing hours for:
Theory t) h rs.
Anatomy and Physiology D 0 hrs.
Hygiene and Sanitation _'�—hrs.
Business Practices and Ethics 3 b hrs.
❑ Fee of $150 if you are applying for a new license or $100 if you are renewing your license.
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FINDINGS OF FACT AND DECISION OF THE HOPKINS CITY COUNCIL
Concerning the Revocation of Massage Therapy License 42332.
This matter came on for hearing on May 21, 2013, at 7:30 p.m., in the Hopkins City Council Chambers
located at 1010 First Street South, in the City of Hopkins, Minnesota.
The license Holder (as defined below) was provided notice of the hearing according to the terms of
Hopkins Ordinance 118 5.19, subd. 2.
The License Holder _ appeared
Attorney
did not appear and _ was _ was not represented by counsel,
The Hopkins City Council makes the following:
FINDINGS OF FACT
1. Yang Yu (the "License Holder") is the holder of a massage therapy license (the "License") for
employment at 7 - 7`" Avenue North, in the City of Hopkins, Minnesota (the "Establishment").
The License Holder obtained the License on or about January 22, 2013.
2. Since January 22, 2013, the City of Hopkins has granted only one (1) Massage Therapist license
to an applicant, the License Holder, who indicated that she would be working as a massage
therapist at Wonderland Asian Massage.
3. After the License was granted, the Hopkins Police Department (the "Police") suspected that
more than one person was working as a massage therapist in the Establishment due to the large
number of vehicles parked in the business parking lot and the number of patrons coming and
going during the business hours of "9:30 am — 10:00 pm" "7 days" a week.
4. During a two week timeframe in April 2013, the Establishment was visited multiple times by an
undercover police officer (the "Undercover Officer"). In the course of the visits, the
Undercover Officer received two separate massages by three separate Asian American females.
5. After one of the visits, the Police went to the Establishment and spoke to two females using a
Mandarin Chinese language line interpreter. Neither of the females was the License Holder. The
first female was identified as Jie Liang and the second as Qiong Liu. After asking if the women
had a City of Hopkins massage therapy license, it was determined they did not. When asked
who hired them, they stated a female only known to them as "Yang". Both females then
provided the same phone number for Yang. When asked if they knew who owned the business
they stated "No". This is a violation of Hopkins Ordinance 1185.05, subd. 1.
6. The Undercover Officer identified both Liang and Liu by physical description, language ability
and clothing as being two of the three persons who had provided massages to him at the
Establishment.
7. The License Holder violated her duties under Hopkins Ordinance 1185.19, subd. 1 (d) "The
activities of the applicant or any owner/agent create or have created a danger to the public
health, safety or welfare".
8. The License Holder hired unlicensed massage therapists, a violation of 118 5.19, subd. 1 (i).
DECISION
1. The Hopkins City Council has decided that the License is hereby REVOKED permanently,
effective immediately. The License Holder's license may not be reinstated.
2. The License Holder may not offer therapeutic massage in the City of Hopkins.
Dated:
Dated:
Eugene J. Maxwell, Mayor
Kristine A. Luedke, City Clerk