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for a massage therapist license due to the applicant not meeting Elk River City Code <br />requirements; and <br />WHEREAS, on February 1, 2016, a hearing was held by the Elk River City Council to <br />consider ChunXing Lin's request for a Massage Therapist License; and <br />WHEREAS, at this hearing the applicant and all others wishing to speak had opportunity <br />to present evidence and testimony for his case. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk <br />River, Minnesota, that the Massage Therapist License request by ChunXing Lin, who is <br />seeking employment at Joy Massage, located at 19242 Evans Street, NW, in the City of Elk <br />River is denied based on the following findings: <br />1. City Code §38-224(c)(1) Denial, suspension, or revocation, provides for license <br />denial when — "The license application contains any false, fraudulent, or deceptive <br />statements and such statements are grounds for revocation or suspension of the <br />license." <br />The denial is based on the untruthful answers provided by ChunXing Lin who <br />declared the information in his application to be truthful and understood that <br />falsification of answers may result in denial of the license. <br />2. City Code §38-243 (a) Educational Requirements, provides for license denial when — <br />"Each applicant for a massage therapist license shall furnish with the application <br />proof of the following: <br />(1) a diploma or certificate of graduation from a school approved by the <br />American Massage Therapist Association or other similar reputable massage <br />association; <br />(2) a diploma or certificate of graduation from a school which is either <br />accredited by a recognized educational accrediting association or agency, or is <br />recognized by the state higher education coordinating board or other state <br />agency having jurisdiction over the school." <br />The denial is based on ChunXing Lin not meeting the educational requirements of <br />Elk River City Code. <br />3. The findings in the recitals set forth above, which are based upon the city's <br />investigation into the application submitted by ChunXing Lin, are incorporated into <br />this decision along with the entire record on this matter. <br />Passed and adopted this 15` day of February 2016. <br />John J. Dietz, Mayor <br />ATTEST: <br />Tina Allard, City Clerk <br />AUR <br />