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Home My WebLink About9.B.1. Massage License Applications-Wei Pan-Res. No. 7292 Generat Business 9. B. 1. �iE f.�€tiC)1'}=,}=; TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Police Chief DATE: OS/07/2013 SUBJECT: Massage License Applications- Wei Pan- Res. No. 7292 Action Sought City Council is asked to hold a hearing and take action on the following: Applications for massage therapist license for Wei Pan and her massage therapy business,Excellent Asian Massage. 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. The police department has conducted background checks in this matter and is not recommending approval of the license applications. See attached memo from Sergeant John Buetow, dated April 16, 2013. This Resolution,No. 7292, was presented to Council on April 16, 20li. Wei Pan did appear before Council at that time, however, without a translator. Council directed staff to provide a translator to ensure that Wei Pau understood what was taking place. The following day City staff contacted staff at Excellent Asian Massage, with the assistance of the AT&T Language Line. Another copy of the Resolution was delivered at that time. Staff was told Wei Pan was in California. There is now a sign on the business that states they are closed. Repeated attempts to contact Wei Pan, both in person and via phone, on a daily basis, have been unsuccessful. Police staff will have an interpreter on hand at the Council meeting should Wei Pan show up. Recommendation lt 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 applicant, and if Council concurs with the staff recommendations, City Council should: Offer Resolution No. 7292,A Resolution of the City of Shakopee, Minnesota, Denying a Massage Therapy Business License and Massage Therapist License to Wei Pan, d/b/a Excellent Asian Massage, and move its adoption. Attachments: Res.No. 7292 Back�round Memo RESOLUTION NO. 7292 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A MASSAGE THERAPY BUSINESS LICENSE 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 COUNCtL OF THE CITY OF SHAKOPEE, MINNESOTA, that the denial of the massage license applications 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, A3., 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." 1 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.S., 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 7th day of May_, 2013. Mayor of the City of Shakopee ATTEST: City Clerk 2 � • Fs� , ��1� � CITY OF 1 �.xi �`��,�€ �=,�3 SHAKOPEE MCMO �v, �" 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, far 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 was owned by Wei Pan. The investigation led to criminal charges against ane 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 Hoplcins; however, the background check shows her license permanently revoked. A past employer address and a past residence was omitted in her background pacicet, Wei Pan owned Asian Massage Parlor located at 1209 Main Street, Hopkins. This was not disclosed iu the Shal<opee 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 as 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 Apri128,2009. 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 applications. Based on the information discovered, it is recommended that Wei Pan not be approved a massage therapist license or a massage business license.