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5. The Client told the Licensee to stop, and the Licensee apologized and informed her that he was attempting to use a "Yoni massage" technique. WHEREAS, Section 114.001 (E) of the City Code prohibits massage therapists from intentionally massaging or offering to massage the "mons veneris, vulva, or vaginal area of a person"; and WHEREAS, On May 27, 2022 the Licensee was formally charged in Ramsey County District Court with Criminal Sexual Conduct in the 3rd degree -Penetration -Prohibited occupational relationship, a felony, based on the aforementioned conduct; and WHEREAS, in light of the events outlined above, City staff initiated formal proceedings to suspend both the Business' enterprise therapeutic massage license and the Licensee's individual therapeutic massage license and scheduled a suspension hearing for September 12, 2022 during the regular Mounds View City Council meeting; and WHEREAS, on September 8, 2022, the city attorney mailed written notice of the suspension hearing to the Licensee via regular United States mail and personally served the Licensee with notice of the suspension hearing to his home address; and WHEREAS, on September 8, 2022, the city attorney emailed written notice of the suspension hearing to the Licensee at the email address provided on the Licensee's most recent renewal application; and WHEREAS, the City Council held a formal suspension hearing regarding the Licensee's city - issued massage licenses during its September 12th regular meeting whereby the Licensee was provided with due notice and an opportunity to be heard and, based on all evidence and testimony provided during that hearing, the council hereby finds and determines the following: a. The above recitals are adopted and included as express findings of the council in relation to this matter and are hereby incorporated into these findings as if fully set forth herein. b. The Licensee has violated Section 114.001 (E) of the City Code which prohibits massage therapists from intentionally massaging or offering to massage the genital area of a person. c. City Code Section 114.014 provides that a therapeutic massage license may be suspended or revoked for any violation of subchapter 114. d. Pursuant to City Code Section 114.014, massage therapy licenses may be suspended for cause following a public hearing where the licensee shall be provided with due notice and an opportunity to be heard on the matter. e. The City Council is charged with protecting the public health, safety, and welfare of its residents, including from illegal activities of businesses and activities licensed by the City, and is further authorized to exercise its sound discretion when considering the suspension of such licenses; provided, however, that the council's actions are reasonable under the circumstances and not arbitrary or capricious. f. Engaging in unlawful sexual touching of a client constitutes a violation of the aforementioned City DOCSOPEN\MU 125\65\822107.v3-9/8/22