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May 21, 2013
Business License Revocation
Proposed Action
Council Report 2013-042
Staff recommends adoption of the following motion: Based upon submitted Hopkins Police
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1185 and adopt the findings of fact and decision and authorize Mayor and City Clerk to complete same
and provide to named party.
Overview
On or about January 22, 2013, Julio Alaniz, d/b/a Wonderland Asian Massage, received a Massage
Therapy Establishment License pursuant to Hopkins Ordinance Section 1185. On and after January 22,
2013, the City of Hopkins granted only one (1) Massage Therapist license to an applicant who
indicated she would be working as a massage therapist at Wonderland Asian Massage. As outline in
the submitted incident report, the Hopkins Police noticed a level of customer activity 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 are working as massage therapists at Wonderland Asian
Massage than are licensed to do so by the City of Hopkins.
This is a violation of City Ordinance 1185.19, Subd. 1 (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." Specifically,
allowing individuals to perform massages at a business without having a massage therapy license.
Primary Issues to Consider
• Does the evidence provided support the staff recommendation to revoke the massage therapy
establishment license?
Staff believes the evidence provided supports the recommendation to revoke the massage
therapy establishment license for Julio Alaniz, d/b/a Wonderland Asian Massage.
Supporting Documents
• Hopkins Police Department Incident Report #13010489-MN0270900 dated April 30, 2013
• Ordinance 1185.19
• City Manager letter to licensee Julio Alaniz owner of Wonderland Asian Massage
• City of Hopkins Massage Therapy Establishment Application
• Massage establishment license
• Findings of fact and decision
Kris Luedke, City Clerk
Incident Report 13010489 - NM0270900
HOPKINS
HOPKI NS POLICE DEPARTMENT
INCIDENT REPORT
POLICE
Page 1 of 2
ICR# 13010489 AGENCY ORI# MN0270900
JUVENILE:
Z
Reported: 04-30-2013 1416 First Assigned: 1418 Last • Cleared: 1531
C
Commited Start: 04-23-2013 1416 Commited End:
V
Title: Civil Matter
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
W
V
Officer Assigned: Kyllo, Mark (Investigator)
Badge No: 3616 Primary: No
LL
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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
U)
Involvement: Mentioned Name: Qiong, Liu
DOB
a
Age: 32 Sex: Race:
Height:s Weight: 4&
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: 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: Weight: W
Address: 1721 Nokomis Crt City: Minneapolis
State: MN Zip: 55417 Country:
Phone:
Involvement: Mentioned Name: Yu, Yang
DOB:
Age: 26 Sex: Race:
Height Weight+
Address: 1721 Nakomis Court City: Minneapolis
State: MN Zip: 55417 Country:
Phone:
Supplemental Report
https://rms.ci.plymouth.nul.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 l
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� 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 W derland 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.
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 and QIONG NMN LI U Det. Kyllo asked who had hired them and the stated a
female only known to them as "Yang." Both o tf he females then provided the same phone number o
for Yang. Detective Kyllo asked them if they knew who owned the business and they said, "No." I as ed 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.nm.uslletglApplicationslCJISIXmllncident.aspx?SIID=267030&fs=1 &autoPrint=n... 5/l/201
Incident Report 13010489 - MN0270900
ICR: 13010489
Title: 3616
Page 2 of 2
Last Modified: 04-30-2013 17481
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:OOpm" "7 days" a week.
A check of the license aplic tion 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 YUYu'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 inteeter # 14374 to interpret Mandarin Chinese, I identified the first female
as, HE NMN LIANG d the second as, QIONG NMN LIgW I then asked
them who hired them "an)ey stated a feig�r
to them as "Yang." Bo of the females
then provided the same phone number of 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 him memu.: bers 23- &
2333 for a violation of Hopkins City Code 1185.05 S1.
No further information.
https:Hrms.ci.plymouth.nm.us/letg/Applications/IncidentIReportControlsllncidentReport.asp... 5/1/2013
Hopkins City Code Section 1185.19
Revoking, Suspending 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.
COPY
Cityf o q10p kips
1:12�
1010 first Street South • _14kins, MN 55343-7573 • Phone: 952-935-8474 • FaX.- 952-935-1834
Web address: www.hopk:uumn.com
May 6, 2013
Wonderland Asian Massage
7 7"' Avenue North
Hopkins, MN 55343
Re: 1) Notice of Massage Therapy Establishment License Revocation Hearing
2) Temporary Suspension (21 Day) of Massage Therapy Establishment License
Licensee: Julio Alexander Alaniz
License No.: 2333
Address: 7 7'�' Avenue North, Hopkins MN
Dear Mr. Alaniz:
This Notice is served on you because you are holder of the above -referenced Massage Therapy
Establishment License.
On or about April 21, 2013, there was a violation of your duties under Hopkins Ordinance 1185.19,
Subd. 1 (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." Specifically, allowing individuals to perform massage
at your business address without having a massage therapy license.
The Hopkins Police Department noticed a level of customer activity inconsistent with the single
licensed therapist at 7 7 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
he 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. It was determined that more employees are employed at Wonderland Asian Massage then
Therapists licensed there.
Partnering with the Community to Enhance the Quality of Life
• Inspire 4 Educate • Involve • Communicate •
May 6, 2013
Page 2
City Staff is recommending revocation of your Massage Therapy Establishment License by the
City Council. This matter is set on 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 —1St 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
Establishment 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 1185.19, Subd. 6, your Massage Therapy
Establishment 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 allow anyone to perform massage at your location while this suspension is in
effect. If you violate the temporary suspension, you can be subject to criminal prosecution.
4Mi
'cerely,
e Mornson
City Manager
City of Hopkins
cc: City Clerk
Police Captain
Property Owner
License Number
Massage Therapy Establishment
License Application
City of Hopkins City of Hopkins
1010 1st Street South
Hopkins, MN 55343
952.935.8474 - 952.935.1834 (fax)
www.hop1dnwnn.00m
X$25 Annual License Fee per Establishment [�" $50 Investigation fee per Establishment
Type of Establishment: ❑ Individual Owner ❑ Partnership ,Corporation
If establishment is a corporation, partnerships or limited liability each officer or partner must complete an application
Full Name of Owner of Establishment:
Owner's Date of Birth:
J L !o ,4 I v'AtAIVI
Other names owner may have been known by:
Owner's Home Address: 17A INQ 4:�d M CS
City:
State:
ZIP:
64-11n p► 5 y l 7
®
YM
Owner's Phone Number:
Owner's Driver's License Number
Previous Addresses (past five years):
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Have you ever been arrested? o No pKYes
If yes, explain: tq 141t
Massage Establishment Name: ll
r 04 Q v ib Ako- a,
Massage Establishment Address: HoKIA15
Hours of Operation:
Massage Establishment Phone Number
Has the Zoning Department been Contacted?
o No VYes
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 I
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. I, 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 1 may experience as a direct or indirect result of the intended
use of this information. 1 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 Sign ture•
Date:
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FINDINGS OF FACT AND DECISION OF THE HOPKINS CITY COUNCIL
Concerning the Revocation of Massage Therapy Establishment License #2333.
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 _ did not appear and _ was _ was not represented by counsel,
Attorney
The Hopkins City Council makes the following:
FINDINGS OF FACT
1. Julio Alexander Alaniz d/b/a Wonderland Asian Massage (the "License Holder") is the holder
of Hopkins Massage Therapy Establishment License #2333 (the "License") which authorizes
him to operate a massage therapy business at 7 - 7th 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, Yang Yu (the "Therapist') 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 Asian females
using a Mandarin Chinese language line interpreter. Neither of the females was the Therapist.
The first female was identified as he Liang and the second as Qiong Liu. Both women
indicated they had been hired by "Yang." After asking if the women had City of Hopkins
massage therapist licenses, it was determined they did not. 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 failed to supervise the Therapist at the Establishment, allowing individuals
to perform massages without having a massage therapy license which is in violation of Hopkins
Ordinance 1185.19 subd. 1 (g).
8. The License Holder employed unlicensed massage therapists, a violation of 1185.19, 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 Establishment may not offer therapeutic massage in the City of Hopkins, or allow another
to do so.
Dated:
Dated:
Eugene J. Maxwell, Mayor
Kristine A. Luedke, City Clerk