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Home My WebLink About11.F.1. Massage License Applications-Wei Pan and Yamping Wang-Res. No. 7291 & 7292 General Business 11. F. 1. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Craig Robson, Captain DATE: 04/16/2013 SUBJECT: Massage License Applications - Wei Pan and Yanping Wang - Res. No. 7291 & 7292 (A) Action Sought City Council is asked to hold a hearing and take action on the following: 1. Applications for massage therapist license for Wei Pan and her massage therapy business, Excellent Asian Massage; 2. Application for massage therapist license for Yanping Wang. Background Pursuant to the City Code, massage therapy businesses and massage therapists require licensing. The ordinance requires all massage therapists to undergo a background check by the police department in order to be licensed. Wei Pan has applied for a massage therapist license as well as a license for her business, Excellent Asian Massage. Yanping Wang has applied for a massage therapist license as an employee of Vouge Day Asian Massage. The police department has conducted background checks in these matters and is not recommending approval of these license applications. See attached memos from Sergeant John Buetow. Recommendation It is recommended that the Council deny approval of the listed license applications. Budget Impact This action carries no budget impact. Relationship to Vision This action supports: Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. Requested Action After hearing any appeals from the applicants, and if Council concurs with the staff recommendations, City Council should: 1. Offer Resolution No. 7291, A Resolution of the City of Shakopee, Minnesota, Denying a Massage Therapist License to Yanping Wang, and move its adoption. 2. Offer Resolution No. 7292, A Resolution of the City of Shakopee, Minnesota, Denying a Business and Massage Therapist License to Wei Pan d/b /a/ Excellent Asian Massage, and move its adoption. Attachments: Res. No. 7291 Resolution #7292 Background Memo for Yanping Wang Background Memo for Wei Pan and Excellent Asian Massage RESOLUTION NO. 7291 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A MASSAGE THERAPIST LICENSE TO YANPING WANG WHEREAS, the City of Shakopee has enacted a massage therapy business and massage therapist ordinance that requires background investigations; WHEREAS, the City of Shakopee has received a massage therapist license from Yanping Wang; WHEREAS, the Shakopee Police Department has conducted a massage therapist license background check for Yanping Wang; WHEREAS, the Shakopee Police Department recommends the denial of Yanping Wang's massage therapist license. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the denial of the massage license application for Yanping Wang is based on the following reasons: 1. City Code Section 6.45, Subdivision 5. License Eligibility, B.4., provides for license denial when - "The information provided in the application does not meet the requirements of this section." 2. City Code Section 6.45, Subdivision 5. License Eligibility, B.5., provides for license denial when - "The applicant provided false or misrepresented information on the application." 3. City Code Section 6.45, Subdivision 4. License Applications, B.11., sets forth the minimum educational and experience requirements for a person to obtain a massage therapist license. Wang does not meet those educational and experience requirements. Wang provided a copy of a letter from the Federation of State Massage Therapy Boards (FSMTB) indicating she had passed their exam. According to the FSMTB's own website, this qualification is not recognized by the State of Minnesota. The Shakopee City Ordinance does recognize it but requires the applicant have seven years massage experience in the USA. At a maximum, Wang would have just over four years massage experience. 4. Yanping Wang's application contained inconsistencies, omissions, questionable professional credentials, and she was unwilling to cooperate with the background investigator. Wang, therefore, does not meet the requirements in City Code Section 6.45, Subdivision 5., B. 4. and 5. 1 Adopted in adjourned regular session of the City Council of the City of Shakopee, MN, held this day of , 2013. Mayor of the City of Shakopee ATTEST: City Clerk 2 RESOLUTION NO. 7292 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A BUSINESS AND MASSAGE THERAPIST LICENSE TO WEI PAN d/b /a EXCELLENT ASIAN MASSAGE WHEREAS, the City of Shakopee has enacted a massage therapy business and massage therapist ordinance that requires background investigations; WHEREAS, the Shakopee Police Department has conducted a massage business license background for Excellent Asian Massage, listing Wei Pan as the owner and a therapist for the business; WHEREAS, the Shakopee Police Department recommends the denial of Wei Pan's business license and her license as a massage therapist. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the denial of the massage license application for Wei Pan, d/b /a Excellent Asian Massage, is based on the following reasons: 1. City Code Section 6.45, Subdivision 5. License Eligibility, A.2., provides for license denial when - "The owner, operator, any person who has a five percent financial interest in the business or the appointed on -site manager or agent has a conviction for, or was charged with, but convicted of a lesser charge of, a crime involving a violation of any massage therapy- related regulation in any other jurisdiction, any prostitution- related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by Minnesota Statutes, theft, felony drug offense, any crime of violence as defined by Minnesota Statutes, or any other similar crime or offense which conviction date is within 10 years of the date of application." 2. City Code Section 6.45, Subdivision 5. License Eligibility, A.3., provides for license denial when - "The owner, operator, any person who has a five percent financial interest in the proposed licensed massage therapy business or the on- site manager or agent had a massage therapist or massage therapy business - related license in another jurisdiction that was either suspended or revoked within 10 years preceding the date of application." 3. City Code Section 6.45, Subdivision 5. License Eligibility, B.2., provides for license denial when - "An applicant had a massage therapist or massage therapy business - related license in another jurisdiction that was suspended or revoked within 10 years preceding the date of application." 4. City Code Section 6.45, Subdivision 5. License Eligibility, B.4., provides for license denial when - "The information provided in the application does not meet the requirements of this section." 5. City Code Section 6.45, Subdivision 5. License Eligibility, B.5., provides for license denial when - "The applicant provided false or misrepresented information on the application." 6. In May of 2012, a criminal investigation by the Hopkins Police Department revealed that illicit sexual activities were occurring at an establishment that was owned by Wei Pan. The investigation led to criminal charges against one of Wei Pan's employees. As a result of this investigation, the City of Hopkins permanently revoked Wei Pan's massage license and the business massage license. 7. Wei Pan's background applications contained inconsistencies, omissions and questionable professional credentials. Adopted in adjourned regular session of the City Council of the City of Shakopee, MN, held this day of , 2013. Mayor of the City of Shakopee ATTEST: City Clerk 2 " 4 1 CITY OF SHAKOPEE MEMO ° : POLICE DEPARTMENT VOICE: (952) 233 -9400 FAX (952) 233 -3811 POLIC1 DATE: April 16, 2013 TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Sergeant John Buetow Subject: Background Check for Massage Therapist License — Yanping Wang The Shakopee Police Department completed a background on Yanping Wang as required by City Ordinance. Wang filled out an application to work at Vouge Day Massage in Shakopee as a Massage Therapist. Several inconsistencies arouse with Wang's application packet during the background check. Of primary concern were her education history and the ability to verify her previous employment. Wang provided a copy of a letter from the Federation of State Massage Therapy Boards (FSMTB) indicating she had passed their exam. According to the FSMTB's own website, this qualification is not recognized by the State of Minnesota. The Shakopee City Ordinance does recognize it but requires the applicant have seven years massage experience in the USA. At a maximum, Wang would have just over four years massage experience; therefore, she does not meet the requirements set forth in the city ordinance. Another concern is over the qualifications that Wang submitted. The Shakopee Police Department asked a representative from FSMTB to help clarify Wang's credentials. The company suggested that anyone submitting two educational institutions for credentials would raise a red flag with them. The first time Wang took the FSMTB's exam, it was with Everest College in CA, and she failed with a score of 590. Twelve months later, with Stanton University, she passed with a score of 793, an improvement of 203 points. A passing grade is 630. The representative from FSMTB attempted to contact Stanton University and verify Wang's academic credentials but was unable to do so. She had suggested we ask for some sort of notarized copy of her academic transcripts that we could then validate with Stanton University. Shakopee Officer Yzermans contacted Wang in an attempt to clarify some of these discrepancies. Wang would not cooperate with Officer Yzermans. Based on the above information, I do not recommend issuing Yanping Wang a therapist license, as she does not meet the requirements per Shakopee City Ordinance. 3,AK CITY OF 4•. SHAKOPEE MEMO POLICE DEPARTMENT DATE: April 16, 2013 TO: Honorable Mayor and City Council Mark McNeill, City administrator FROM: Detective Sergeant John Buetow SUBJECT: Background check — Wei Pan/Excellent Asian Massage, Case #12014693 A background check has been conducted on Wei Pan, DOB: 3/17/75, and Excellent Asian Massage, for a massage therapy license and a business massage therapy license, as required by Shakopee City Ordinance. Wei Pan lists herself as the owner of Excellent Asian Massage, which is located at 1275 Ramsey Street, Suite #500, in Shakopee. During the course of the background investigation, a Shakopee Officer discovered a criminal investigation conducted by the Hopkins Police Department that revealed illicit sexual activities were occurring at "Asian Massage ", which is owned by Wei Pan. The investigation led to criminal charges against one of Wei Pan's employees. As a result of this investigation, the City of Hopkins permanently revoked Wei Pan's massage license and the business massage license. Wei Pan's background applications contained inconsistencies, omissions and questionable professional credentials. Wei Pan reported that she was currently licensed in the City of Hopkins; however, the background check shows her license permanently revoked. A past employer address and a past residence was omitted in her background packet. Wei Pan owned Asian Massage Parlor located at 1209 Main Street, Hopkins. This was not disclosed in the Shakopee background. Questions arose surrounding Wei Pan's professional credentials when comparing the certificates that were submitted to the cities of Shakopee and Hopkins. The credentials in question were issued by the California Massage Therapy Council and certify her as a "Massage Therapist" in Shakopee and a "Massage Practitioner" in Hopkins. Both certificates have the same certification number, both expiring 11/21/13, and both appear to be signed by the same person. Wei Pan has a previous certification from the American International Vocational College (AIVC) for massage therapist, dated April 28, 2009. The AIVC was permanently revoked from the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB) for providing fraudulent transcripts and attendance records. This certification was not reported in the Shakopee application. Based on the information discovered, it is recommended that Wei Pan not be approved a massage therapist license or a massage business license.