City Council Resolution 2023-70CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. 2023-70
RESOLUTION ADOPTING THE FINDINGS, CONCLUSIONS, AND DECISIONS REGARDING
THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION AND THERAPEUTIC MASSAGE
THERAPIST LICENSE APPLICATION OF GUI HUA YANG.
WHEREAS, the City Council of the City of Monticello, Minnesota (the "City") has
been presented with the proposed Findings, Conclusions, and Decisions regarding an
application submitted by Gui Hua Yang for a Therapeutic Massage Therapist License; and
WHEREAS, the City has been presented with the proposed Findings, Conclusions,
and Decisions regarding an application submitted by Gui Hua Yang for a Therapeutic
Massage Enterprise License to operate Lantien Spa; and
WHEREAS, the Findings, Conclusions, and Decisions support a recommendations for
denial of the application; and
WHEREAS, the City Council reviewed the Findings, Conclusions, and Decisions
(attached) at a regular City Council meeting held on August 14, 2023.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Monticello,
Minnesota hereby accepts and adopts the Findings, Conclusions, and Decisions and denies
the issuance of a Therapeutic Massage Therapist License to Gui Hua Yang; and denies the
issuance of a Therapeutic Massage Enterprise License to Gui Hua Yang to operate Lantien
Spa LLC.
ADOPTED this 141" day of August 2023, by the City Council of the City of Monticello,
Minnesota.
ATTEST:
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MONTICELLO CITY COU CIL
By:
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CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. 2023-70
THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION
AND THERAPEUTIC MASSAGE THERAPIST LICENSE APPLICATION OF GUI HUA YANG
FINDINGS, CONCLUSIONS, AND DECISION
FINDINGS
1. City Code § 117.03(A) provides that, "It shall be unlawful for any person to operate,
engage in, or carry on, within the city, any type of massage services to the public for
consideration without first having obtained a therapeutic massage enterprise license
from the city pursuant to this chapter."
2. Gui Hua Yang submitted an application, dated July 7, 2023, for a therapeutic massage
enterprise license to operate Lantien Spa LLC at 242 W Broadway Street, Monticello,
Minnesota 55362.
3. City Code § 117.03(B) provides that, "It shall be unlawful for any individual to practice,
administer, or provide massage services to the public for consideration within the city
without first having obtained a massage therapist license from the city pursuant to this
chapter."
4. On July 9, 2023, Gui Hua Yang submitted a therapeutic massage therapist license
application, dated July 9, 2023.
5. City Code § 117.08(B)(8) provides that "no massage therapist license shall be issued to
a person who ... [c]annot meet the definition of massage therapist in § 117.02 of this
chapter."
6. The definition in City Code § 117.08(B) also requires that the applicant, "Has completed
500 hours of certified therapeutic massage training ... from an accredited program or
accredited institution that has been approved by the issuing authority." The applicant
has submitted along with the application a transcript from Hopewell Career Institute,
with a stated address of 17 Muhammed Ali Avenue, Newark, New Jersey 07108.
7. Under City Code § 117.02, "Accredited Institution" means, "An educational institution
holding accredited status with the United States Department of Education or which has
been licensed or registered by the Minnesota Office of Higher Education or similar
agency of another state or a regional accrediting agency approved by the U.S.
Department of Education." The Hopewell Career Institute is not an institution holding
accredited status as it does not appear in the U.S. Department of Education's Database
of Accredited Postsecondary Institutions and Programs.
8. Under City Code § 117.02, "Accredited Program" means, "A professional massage
program accredited by the Commission on Massage Therapy Accreditation (COMTA)."
The Hopewell Career Institute is not an accredited program as it does not appear on
the Commission on Massage Therapy Accreditation database.
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CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. 2023-70
9. Therefore, the City Council finds that the applicant Gui Hua Yang does not meet the
definition of massage therapist in City Code § 117.02 because applicant has not
completed training "from an accredited program or accredited institution".
10. On item 18 of the application, the applicant Gui Hua Yang disclosed that she was
convicted of prostitution in Hennepin County, Minnesota in July of 2012.
11. City Code § 117.08(A)(2) states that "No therapeutic massage enterprise license shall
be issued to a person who ... Has been convicted of any crime directly related to the
occupation licensed as prescribed by M.S. § 364.03, subd. 2, and who has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the
duties and responsibilities of a licensee as prescribed by M.S. § 364.03, subd. 3." The
same requirement applies to a therapist license under City Code §117.08(B)(2).
12. The crime of prostitution for which the applicant, Gui Hua Yang, was convicted is
directly related to the license at issue. The City has received information that the
applicant's previous conviction for prostitution was due to engaging in prostitution
while providing massage services. The applicant was charged with prostitution in a
public place related to allegations that she performed an illicit sex act while providing a
massage at a massage parlor in Hopkins, Hennepin County, Minnesota in 2012. In 2011,
the applicant Gui Hua Yang was determined by the Minnesota Department of Health to
have violated Minn. Stat. § 146A.08, subd. 1 (a) and (d) prohibiting sexual contact with
a client based on applicant's plea of guilty to engaging in prostitution while providing
massage services in Minnetonka, Hennepin County, Minnesota in 2010.
13. While 11 years have elapsed since the applicant was convicted of the crime of
prostitution, the applicant failed to submit along with the application evidence of
rehabilitation, and therefore "has not shown competent evidence of sufficient
rehabilitation" as required under City Code §§ 117.08(A)(2) and 117.08(B)(2).
14. To the contrary, information has been provided to the City that the applicant, Gui Hua
Yang, was the president and manager of another massage organization, Cheng Xu
Massage LLC, at which there is reason to believe that prostitution has occurred within
the past five years.
15. The Wright County Sherriff's Office ("WCSO") has reported that surveillance at this
business indicated that there was attempted illicit sex acts in the massage therapy
business on March 27, 2023.
16. The WSCO also found as part of its investigation that there were reviews on a website
known as RubMaps indicating that illicit sex acts took place at Cheng Xu Massage in
June 2022 and October 2021.
17. WCSO also received a report on May 9, 2022 that unlawful sexual activity took place at
the Cheng Xu Massage establishment on various occasions between February 2021 and
March 2022.
18. Not only has applicant has failed to provide evidence of rehabilitation, but information
provided to the City indicates that Applicant has been owning and managing a massage
organization that has been providing prostitution services in recent years.
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CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
RESOLUTION NO. 2023-70
19. The City Code § 117.08(A)(5) states that no enterprise license shall be issued to a
person who, "Is not of good moral character or repute." City Code § 117.08(B)(5) also
states that no therapist license shall be granted to a person who, "Is not of good moral
character or repute."
20. Based on recurring and recent indications that illicit acts, including illegal prostitution,
are being performed at massage parlors owned and operated by the applicant, Gui Hua
Yang, the City Council finds that the applicant is not of good moral character or repute.
CONCLUSION
1. Based on the above Findings and Monticello City Code §§117.08 (13)(2), 117.08(B)(5),
and 117.08(B)(8), Gui Hua Yang does not qualify for a therapeutic massage therapist
license.
2. Based on the above Findings and Monticello City Code §§ 117.08(A)(2) and
117.08(A)(5), Gui Hua Yang does not qualify for a therapeutic massage enterprise
license to operate Lantien Spa LLC.
3. The City's interests in protecting the health and welfare of the community will be
advanced if the application is denied.
DECISION
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota,
based on the foregoing Findings and Conclusions, that Gui Hua Yang's application for a
therapeutic massage enterprise license to operate Lantien Spa LLC and Gui Hua Yang's
application for a therapeutic massage therapist license are hereby Denied. Adopted by the
Monticello City Council this 14th day of August, 2023.
MONTICELLO CITY CO NCIL
By:
LI d ' g ,Mayo
ATTEST:
Jerfnifer-*hreib�k, City Clerk
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