Print Back to Calendar Return
    13.    
City Council Regular
Meeting Date: 04/17/2018  
Subject:    Consider Revocation of Therapeutic Massage Enterprise License for Bluesky Spa - 2393 Coon Rapids Blvd.
From: Joan Lenzmeier, City Clerk

INTRODUCTION
Council is asked to consider revocation of Therapeutic Massage Enterprise License at Bluesky Spa located at 2393 Coon Rapids Blvd.
DISCUSSION
Bluesky Spa was sold to a new owner, Jingui Wang, in July/August of 2017 and a new Therapeutic Massage Enterprise licensing investigation took place prior to approval of the license by Council on August 2, 2017.  At the time of the license approval, Mr. Wang certified to the City Clerk's office that his licensed massage therapists were Xiaoting Wang and Qiang Liu, who were properly trained and licensed through the City because they were employees of the previous Massage Enterprise license holder.

During the license renewal process for 2018 licensing, Mr. Wang again certified that his licensed massage therapists were Xiaoting Wang and Qiang Liu and both submitted message therapist renewal applications.  Based on Mr. Wang's certifications and the signed applications from therapists Xiaoting Wang and Qiang Liu, the Clerk's office renewed the licenses for 2018.

In January and February of 2018, the City Clerk's office received anonymous reports that Bluesky Spa was open after hours and advertising on backpage.com and adultlook.com.  Officer Beedle of the Coon Rapids Police Department COPP's unit was sent to Bluesky Spa to inform them to remove the advertisements and to display current licenses in a conspicuous location as there were no licenses displayed at the time of his visit. 

Following Officer Beedle's visit, Mr. Wang came to the Clerk's office and was informed, through use of the interpreter that he requested, that the advertisements on the adult content websites needed to be removed and that his current licenses must be displayed.  Staff did request the Police Department to conduct periodic checks to determine if after hours operations were occurring but did not find Bluesky Spa to be open after hours.

On February 15, 2018, the City Clerk received a complaint from a massage client who had received a massage at Bluesky Spa and alleged she was not properly covered during the massage.  This client also alleged that the massage therapist massaged her genital and buttocks areas.  This client was referred to the Coon Rapids Police Department where she filed a police report about the incident.  As part of the investigation by the Police Department the client also alleged that she was required, by intimidation, to pay a 20% tip for her massage before being allowed to leave.  The Coon Rapids Police Department forwarded the complaint to the CID Division of the Anoka County Sheriff's Office to review and investigate for sexual assault charges.  The Sheriff's Office determined that the inappropriate touching of genitals did not rise to the level of involving sexual intent and did not pursue charges.  The matter was referred back to the Clerk's Office for processing for City Code violations. 

As part of the investigation into City Code violations occurring at Bluesky Spa, staff requested a compliance inspection of the facility which occurred on March 8, 2018.  At this inspection, it was determined that there was no current enterprise license and no current massage therapist licenses displayed as is required by City Code Chapter 5-2912(1) and 5-2912(2) despite being reminded by staff in February 2018.

On March 8, 2018 and April 6, 2018, the Clerk's office conducted an internet search which confirmed that there was still advertising on adultlook.com and also raised concern about the massage therapist at that location due to multiple bad reviews by people that had massages at Bluesky Spa. 

Due to the concerns raised by the inspection, internet searches, and bad reviews online, staff made contact with Mr. Wang and asked him to confirm who his employees were.  Mr. Wang indicated that Xiaoting Wang was still his licensed female therapist.  Once informed that the therapist was Xiaoting Wang, the Clerk's office requested that Officer Beedle issue a citation to Ms. Wang for failure to display license (City Code 5-2912(2)), failure to keep client completely covered at all times (City Code 5-2912(6)), and for massaging the genitals of a client (City Code 5-2912(8)).  A citation was also issued to Mr. Wang for failure to display current licensure (City Code 5-2912(1)). 

Citations for the Code violations were issued on March 27, 2018 and on April 2, 2018 the City Attorney and the City Clerk's office received an email from someone claiming to represent Xiaoting Wang.  This person provided a statement that Xiaoting Wang has not worked at Bluesky Spa since August 2017 and had, in fact, moved to California.  On April 2, 2018 the Clerk's Office emailed Jingui Wang and asked for immediate clarification as to the identity of the female employee performing massages.  No answer was received.

On April 3, 2018 Officer Beedle and the City Clerk went to Bluesky Spa and confirmed that, despite the fact that the business owner had hung his enterprise license and the license of Qiang Liu and Xiaoting Wang, neither of those people worked for Bluesky Spa and had not since August 2017. 

Officer Beedle requested that the female performing massages identify herself and she provided a California driver's license identifying her as Mei Ruiqiao.  Ms. Ruiqiao told Officer Beedle and the City Clerk that she has been massaging clients at Bluesky Spa since August 2017.  The City Clerk informed Jingui Wang, the owner, and Ms. Ruiqiao that neither of them are licensed to perform massages and that they must not conduct massages until they hire a properly trained employee who is licensed through the City.  The City Clerk again, through the use of an interpreter who was assisting by telephone, informed Mr. Wang of the City's licensing requirements and explained that he was in violation of the City's Code.  Mr. Wang indicated that he understood, but has continued to operate without a licensed therapist.

On April 6, 2018, the City Clerk's Office had a letter outlining the City Code violations personally served on Mr. Wang by a Police Department CSO.  At the time the letter was served, a massage was underway, in clear violation of City Code 2904(2) which requires anyone providing massage services in the City to be licensed by the City.

After service of the letter, the City Clerk's office received a letter from Monica Steele indicating she is the attorney for Mr. Wang.  In this letter, Ms. Steele confirms that Mr. Wang and Ms. Ruiqiao are, in fact, providing massage therapy services in the City of Coon Rapids without formal education or training and without licensure through the City as is required.  Additionally, Mr. Wang's attorney admits that Mr. Wang had an "under the table" deal to use Xiaoting Wang's license to provide massages on unsuspecting clients while they claim to be taking classes.  This statement confirms that Mr. Wang falsified information not only on his massage enterprise license application, but also that he filled out and signed therapist applications for Xiaoting Wang and Qiang Liu when he knew full well neither of those people actually worked for him at Bluesky Spa.

Chapter 5-2900 of the City's Code was established to protect the City and its citizens by providing for the licensing of therapeutic massage enterprises and massage therapists in order to protect the public health, safety, and general welfare by minimizing the risk that massage enterprises and their employees will facilitate unlawful activities, and that persons without recognized and standardized massage training will endanger citizens by the transmission of communicable diseases, by exposing persons to unhealthy and unsanitary conditions, and by increasing the risk of personal injury.

Based on the information obtained and confirmed by staff in addition to Mr. Wang's own admission, through his attorney, that he is in violation of all the Codes listed in the notice served on him, staff recommends revocation of the Massage Enterprise License issued to Bluesky Spa effective immediately.




 
RECOMMENDATION
Staff recommends revocation of the Therapeutic Massage Enterprise license issued to Bluesky Spa, effective immediately based on the following:

1.  Violation of City Code 5-2904(2):  No therapeutic massage enterprise may employ a person to provide massage services, unless the person is licensed as a therapeutic massage therapist by the City;

2.   Violation of City Code 5-2912(1): Therapeutic massage enterprises must display a current, valid license in a conspicuous place on the premises;

3.  Violation of City Code 5-2912(2): Therapeutic massage therapists must have and display a current, valid license in a conspicuous place on the premises; 

4.   Violation of City Code 5-2912(6): The buttocks and genitals of person receiving the massage services must be totally covered with non-transparent material at all times;

5.   Violation of City Code 5-2912(8):  A massage therapist may not intentionally massage or offer to massage the genital areas of clients; 

6.   Violation of City Code 5-2910(1)(e).  A therapeutic massage enterprise license may not be issued to a person under the following circumstance: (e)  The applicant has misrepresented or falsified information on the application;

7.  Advertising on adult content websites which are known sites for those who plan to solicit prostitution; and

8.  City Code 5-2914 requires that any changes in license application information must immediately be reported to the City Clerk.  Failure to comply with this section of the Code constitutes cause to suspend or revoke the license.  Mr. Wang was required to inform the City that Xiaoting Wang and Qiang Liu no longer work at Bluesky Spa.

Attachments
Bluesky Spa Massage Enterprise License Revocation Letter
Bluesky Spa Online Reviews
Bluesky Spa Response to Massage Enterprise License Revocation Letter

AgendaQuick©2005 - 2018 Destiny Software Inc., All Rights Reserved