HomeMy WebLinkAboutFinding of Fact - Zhang.MassageTherapistApplication
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: Massage Therapist Application FINDINGS OF FACT,
Of Juan Zhang CONCLUSIONS OF LAW,
AND ORDER.
___________________________________
On February 20, 2019, the City of Rochester Common Council conducted a public hearing,
following notice to Juan Zhang. The hearing was for the purpose of determining whether Juan
Zhang should be granted a message therapist license. The hearing occurred pursuant to R.C.O.
§115A.11.
At the hearing, Juan Zhang did not speak.
After considering all of the testimony and evidence submitted to the Council in this matter,
the Council arrives at the following Findings of Fact, Conclusions of Law and Order:
FINDINGS OF FACT
1. Ms. Zhang was previously arrested and charged with Engaging in Prostitution in a
Public Place as the result of conduct which occurred on March 27, 2017, at Tuina Massage
located at 308 Elton Hills Dr NW. Following a public hearing before the City Council on July 5,
2017, the Council voted to apply the provisions of RCO 115A.11 Subd. 5 and institute an
immediate temporary suspension of Ms. Zhang’s license to terminate at the time the pending
criminal complaint is dismissed, the licensee is acquitted, or the case is otherwise resolved. At that
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same meeting, the Council also revoked the business license held by Oriental Massage, LLC
D/B/A Tuina Massage.
2. With her application, Ms. Zhang has provided a copy of the State’s dismissal of the
complaint against her, dated December 4, 2018, following her successful completion of a diversion
program, ending that temporary suspension.
3. Ms. Zhang did disclose on her application the existence of a “complaint of
criminal procedure” as of May 19, 2017 in response to the application question requesting
information on any and all criminal convictions of any law or regulation. However, she
answered “no” to the question of whether she has ever had any business license or individual
massage therapist license denied, revoked, or suspended by any local unit of government or
state. That is false, as her license with the City of Rochester was suspended on July 5, 2017
until December 4, 2018. Providing false or misleading information on the application
constitutes grounds for denial of that application.
CONCLUSIONS OF LAW
1. R.C.O. § 115A.08 states that an application for a massage therapist license shall be
denied upon violating any of the subdivisions of R.C.O. § 115A.08.
2. Juan Zhang provided false or misleading information on her application for a
massage therapist license in violation of R.C.O. § 115A.08 subd. F.
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ORDER
The Common Council of the City of Rochester does hereby deny the application for a
massage therapist license for Juan Zhang pursuant to R.C.O. § 115A.08.
Dated at Rochester, Minnesota this _____ day of _____________, 2019
________________________________
Randy Staver
President of the Rochester City Council
Approved at Rochester, Minnesota this _____ _-day of ____________, 2019.
______________________________
Kim Norton
Mayor of the City of Rochester
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