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HomeMy WebLinkAboutFinding of Fact Ariana Stueve Massage Therapist License BEFORE THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ___________________________________ In Re: Massage Therapy License for FINDINGS OF FACT, Ariana Stueve. CONCLUSIONS OF LAW, AND ORDER. ___________________________________ On August 31, 2020, the City of Rochester Common Council conducted a public hearing, following notice to Ariana Stueve. The hearing was for the purpose of determining whether a massage therapist’s license should be granted to Ariana Stueve. The hearing occurred pursuant to Rochester Code 5-15-11. At the hearing, evidence was presented by Ariana Stueve. Christiaan Cartwright and Kelly Geistler 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 July 15, 2020 the City Clerk’s office received a license application from Ariana Stueve. 2. That Ms. Stueve disclosed four prior criminal convictions between the years 2015- 2017. The City Clerk records check showed other convictions which are attached in Exhibit A. These include a conviction for theft by swindle in 2018. 3. The City Clerk determined Ms. Stueve’s criminal record and non-disclosure of some criminal convictions included violations of Minnesota Statutes identified in RCO Section 5-15-8, which require the Clerk to deny the message therapy license. 4. Ms. Stueve appealed the City Clerk denial to the City Council. 5. At the hearing, Ms. Stueve presented information that she has not been convicted of a criminal offense since 2018. She stated she has a fiancée and child and will rely on her professional masseuse career to care for her and her family. 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 Ms. Stueve should be given a probationary license for a period of one year. 2. After one year from the date of this Order, if Ms. Stueve has not had any violations of law or regulations identified in Chapter 5-15 of the Rochester Code of Ordinances, she may apply for a license. ORDER The Common Council of the City of Rochester does hereby ORDER that Ms. Stueve be 2 granted a probationary massage therapist license for a period of one year. If, after one year, Ms. Stueve has worked as a massage therapist with no violations of law or regulations identified in Chapter 5-15 of the Rochester Code of Ordinances, she may apply for a license. 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\\Arianna.Stueve.docx 3