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06-26 Resolution No. 11516 RESOLUTION NO.11516 RESOLUTION OF DENIAL OF THE THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION OF LONGSHI INC. WHEREAS , Longshi Inc. (“Applicant”), a Minnesota company, applied for a therapeutic massage enterprise license to be operated at 7610 Lyndale Avenue S., Ste. 400, Richfield, MN; and WHEREAS , pursuant to Richfield City Code Subsection 1188.05, therapeutic massage enterprises and individual massage therapists are required to be licensed by the City; and WHEREAS , Subsection 1188.15, subd. 1, of the Richfield City Code provides that the Public Safety Director must verify the information supplied on the enterprise license application and investigate the background, including the criminal background, of the applicant to assure compliance with this section. Within 21 days of receipt of a completed application and fee for a therapeutic massage enterprise license, the Public Safety Director must make a written recommendation to the City Council as to issuance or non-issuance of the license. The City Council may order additional investigation if it deems necessary; and WHEREAS , Subsection 1188.17 of the Richfield City Code states that a therapeutic massage enterprise license may not be issued to an individual who,: 1) Has misrepresented or falsified information on the license application. WHEREAS , Deming Lai, sole owner of Applicant, has also applied for an individual massage therapist license, indicating that he not only intends to operate and manage the business enterprise, but also provide massage services as part of the operation of the business; WHEREAS , the Public Safety Director denied Mr. Lai’s application for a therapist license pursuant to Subsection 1188.15, subd. 2, and Mr. Lai has the right to appeal that denial to the City Council if he chooses; WHEREAS , after a thorough background investigation by the City of Richfield Police Department, it was determined that the Applicant misrepresented or falsified information on the license application, and did not meet the eligibility criteria, including the following: 1) The applicant provided a copy of a diploma in Advanced Massage Therapy from US PC Tech, Jersey City, NJ, dates of attendance from July 9, 2010 – September 13, 2011. However, US PC Tech closed in February 2010 per the Department of Labor and Workforce Development located in the State of New Jersey. Resolution No. 15516 2) Mr. Lai, sole owner of the Applicant, is not listed as a member of the American Massage Therapy Association, or any other professional therapeutic massage organization, which is a requirement for a business owner if they intend to also provide massage services. WHEREAS, on June 6, 2018, the City sent a notice to the Applicant stating the staff's intent to recommend to the City Council that its application be denied based on the failure to meet the eligibility criteria. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The recitals outlined above are hereby adopted by the Council as factual findings and are fully incorporated herein. 2. The therapeutic massage enterprise license application for Longshi Inc., intended to operate out of 7610 Lyndale Avenue South, Suite 400, Richfield, MN 55423, is hereby denied. Adopted this 26th day of June, 2018. j\f\bikaQUit) 3aria Regan Gon �) ez, Mayor Pro Tempore ATTEST: A I If .j-IP-Y Eli :b- an oose, City Clerk Resolution No. 15516