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HomeMy WebLinkAboutResolution 9631RESOLUTION NO.9631 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUSPENDING THE INDIVIDUAL THERAPUTIC MASSAGE LICENSE GRANTED TO ERIC ROY RAUTIO AND THE ENTERPRISE THERAPUTIC MASSAGE LICENSE GRANTED TO ERIC ROY MASSAGE LLC WHEREAS, the City of Mounds View, Minnesota (the "City") administers individual and enterprise therapeutic massage licensing to protect the public health, safety and welfare of the community, including massage therapy patrons, to ensure that individuals offering therapeutic massages are properly trained and qualified to provide such services and that establishments offering therapeutic massage are maintained in decent, safe and sanitary condition and to minimize the risk that businesses and persons providing therapeutic massage may facilitate criminal activity; and WHEREAS, Chapter 114, Section 114.003 of the Mounds View City Code ("City Code") requires anyone desiring to establish a massage therapy business in the City to apply for and obtain a city -issued enterprise therapeutic massage license; and WHEREAS, Chapter 114, Section 114.003 of the City Code further requires anyone desiring to engage in massage therapy in the City to apply for and obtain a city -issued individual therapeutic massage therapist license; and WHEREAS, Eric Roy Rautio (the "Licensee") is the owner and operator of Eric Roy Massage, LLC, a massage business located at 8373 Groveland Court, Mounds View, Minnesota 55112 (the "Business"); and WHEREAS, The Licensee has obtained a city -issued therapeutic massage enterprise license for the Business and a city -issued individual therapeutic massage therapist license for himself individually, which together authorize him to provide customers with massage services at the Business; and WHEREAS, The Business recently came to the attention of City officials when they received a formal request for investigation and revocation of the business' licenses from a former client of the Licensee, ("the Client") which alleges the following: 1. In February of 2022, the Client had been a client of Eric Roy Massage LLC for about one year and had received multiple massages from the Licensee at the Business. 2. On February 19, 2022 the Client arrived at the Business for a pre -scheduled massage to be given by the Licensee. 3. During the massage, the Licensee asked the Client if he could massage below her naval, and the Client consented. 4. The Licensee began to massage the Client's groin area and during the massage digitally penetrated the Client's vagina. DOCSOPENNU 125\65\822107.v3-9/8/22 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 Code provision. This violation is sufficient grounds on which to suspend an enterprise therapeutic massage license and an individual therapeutic massage license and the City Council determines that suspending both of the Licensee's licenses is reasonable and appropriate to protect public health, safety, and welfare and to further prevent unlawful behavior within the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, as follows: 1. The enterprise therapeutic massage license issued by the City to Eric Roy Rautio for Eric Roy Massage LLC is hereby suspended, effective immediately. 2. The individual therapeutic massage license issued by the City to Eric Roy Rautio is hereby suspended, effective immediately. The City Administrator, or his designee, is hereby authorized and directed to provide the Licensee with a copy of this resolution to serve as notice of the license suspensions established herein and to take any additional action to implement and effectuate this Resolution. Dated: September 12, 2022. Carol A. Mueller, Mayor ATTEST: A A - /I 2x—"o,1 Nyle Z' und, ity Administrator DOCSOPEN\MU 125\65\822107.v3-9/8/22