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HomeMy WebLinkAboutFinding of Fact -PurpleSageWellnessLLC.Findings BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ___________________________________ In Re: Massage Therapy Business License FINDINGS OF FACT, Purple Sage Wellness, LLC CONCLUSIONS OF LAW, f/k/a Lilac Wellness Center AND ORDER. ___________________________________ On August 17, 2020, the City of Rochester Common Council conducted a public hearing, following notice to Purple Sage Wellness and Tina Ridler. The hearing was for the purpose of determining whether a massage therapy business license should be granted to Purple Sage Wellness, LLC owned by Tina Ridler located at 1915 Greenview Place SW. The hearing occurred pursuant to Rochester Code 5-15-11. At the hearing, evidence was presented by Tina Ridler, owner of Purple Sage Wellness. Christiaan Cartwright and Anissa Hollingshead from the Rochester City Clerk’s Office also presented evidence. The Rochester City Clerk presented various materials to the Council a copy of which is attached hereto and incorporated herein as Exhibit A. 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: 1 FINDINGS OF FACT 1. That on December 17, 2019 the City Clerk’s office received a formal complaint of Lilac Wellness Center (n/k/a Purple Sage Wellness, LLC) was operating without a valid City license. st 2. That business licenses are granted on an annual basis and expire on December 31 of each calendar year and a review of the City Clerk’s files showed that a renewal application had not been submitted by Ms. Tina Ridler for 2018 or 2019 as required by Rochester Code Section 5- 15-3(b). 3. On January 31, 2020, at the request of the Rochester City Clerk, the Rochester Police Department conducted an undercover investigation and determined that the business, Lilac Wellness Center, was open and performing massage therapy & other various services. A massage therapist, identified as L. Fricker was performing massage therapy services. Ms. Fricker does not hold a valid massage therapist license as is required by Rochester Code Section 5-15-3 (a). 4. That on February 11, 2020, the Rochester Police Department, at the direction of the Rochester City Attorney’s office, issued a citation to Tina Ridler d/b/a Lilac Wellness Center. 5. That on February 26, 2020, Tina Ridler submitted a new application with the City Clerk’s office under the name of Purple Sage Wellness, which would replace Lilac Wellness Center. 6. That due to pandemic event, Governor Walz issued Executive Order 20-04. As a result of that Order, all massage operations were halted from March 17, 2020 through June 10, 2020. 7. That on June 14, 2020, the City Clerk’s office notified Tina Ridler d/b/a Purple Sage Wellness, via U.S. Mail of the pending legal action and indicated that all operations need to cease 2 and desist. 8. The City Clerk contends the Licensee has failed to comply with the licensing requirements found at Rochester Code 5-15. 9. The Rochester Code Section 5-15-3(a) states that no person may act as a massage therapist within the City without a license issued by the City. 10. Rochester Code Section 5-15-3(b) states that no person may operate a massage therapy business within the City without a license issued by the City. 11. Rochester Code Section 5-15-11(a) indicates that any massage license issued by the City is subject to suspension, revocation, or denial if the Licensee violated any provision of this chapter. CONCLUSIONS OF LAW 1. By the greater weight of the evidence and testimony presented at the hearing, it is hereby determined by the Council that Tina Ridler has been operating a massage therapy business in the City of Rochester and did not submit the required renewal applications for 2018 & 2019. 2. By the greater weight of the evidence and testimony presented at the hearing, it is hereby determined by the Council that Tina Ridler, owner of Purple Sage Wellness f/k/a Lilac Wellness Center permitted an unlicensed person to engage in Massage Therapy upon the licensed business premises in violation of Rochester Code Section 5-15-3(a). 3. By the greater weight of the evidence and testimony presented at the hearing, it is hereby determined by the Council that Tina Ridler, owner of Purple Sage Wellness f/k/a Lilac Wellness Center failed to obtain the appropriate business license as required by Rochester Code 3 Section 5-15-3(b). 4. By the greater weight of the evidence and testimony presented at the hearing, it is hereby determined by the Council that there is sufficient evidence to support the recommendation to place Purple Sage Wellness, LLC under probation for a period of one (1) year. ORDER The Common Council of the City of Rochester does hereby place Purple Sage Wellness, LLC owned by Tina Ridler on probation for a period of one (1) year, to be included on the renewal application for 2021 and directing Tina Ridler to provide a full and complete application upon renewal. Dated at Rochester, Minnesota this _____ day of August 2020. ________________________________ Randy Staver President of the Rochester City Council Approved at Rochester, Minnesota this _____ day of August, 2020. ______________________________ Kim Norton Mayor of the City of Rochester FOF\\PurpleSageWellness.Ridler.docx 4