3.4. SR 10-06-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.4.
Agenda Section Meeting Date Prepared by
Consent October 6, 2008 Tina Allard, Ci Clerk
Item Description Reviewed by
Resolution Denying the Issuance of a Massage Therapist Lori ohnson, Ci Administrator
License Reviewed by
Peter Beck, Ci Attorne
Action Requested
Council motion adopting a resolution denying a massage therapist license to Jennifer Nicole Firkus.
Background/Discussion
At the September 15, 2008, Council meeting, it was City Council consensus to deny the request for a
massage therapist license to Jennifer Nicole Firkus based on her background investigation. Attached is
the formal resolution for denial of the license. Ms. Firkus had an opportunity to present her case before
the Council at the September 15 meeting.
If the formal denial is approved at tonight's meeting, staff will prepare a letter to Ms. Firkus listing the
Council's findings and her right to appeal the decision.
Financial Impact
N/A
Attachments
^ Resolution
Action Motion by Second by Vote
Follow Up
S:\Administration\Council RCA\Licensing\Massage\2008\Denial Therapist Firkus Res.doc
RESOLUTION 08-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DENYING THE ISSUANCE OF A MASSAGE THERAPIST
LICENSE
WHEREAS, the City of Elk River has received an application from Jennifer Nicole Firkus,
for a massage therapist license; and
WHEREAS, during the background investigation for this license it was discovered that the
applicant, Jennifer Nicole Firkus, has been convicted of the following crimes:
1. Prostitution in St. Paul on April 18, 2005, Case No. 05044247;
2. Prostitution in Richfield on February 28, 2006, Case No. 2006006245; and
3. Dangerous weapons in Hennepin County on January 30, 2007, Case No. 06000891
WHEREAS, the City Code of the City of Elk River provides in relevant part the following
grounds for denying the issuance of a license:
Section 38-7
Applicant does not meet the standards of good moral character and is unable to serve the
public in a fair, honest, and open manner.
Section 38-224(d)
Applicant has been convicted or pled guilty within 3 years for crimes under MN Statute
Chapter 609 or a crime involving moral turpitude; and
WHEREAS, Minnesota Statutes also provides in relevant part the following ground for
denying the issuance of a license:
Section 364.03 (7)
A license can be denied based on prior convictions of a crime that is related to the type of
license being sought; and
WHEREAS, it is the opinion of the City Council that the convictions noted above relate to
the license being sought and warrants the denial of a massage therapist license.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
as follows:
1. The application from Jennifer Nicole Firkus is denied.
2. If Ms. Firkus is able to have her record expunged and meet the application
requirements for a massage therapist in Elk River, the Council will consider a new
application.
S:\Administration\Licenses\Resolutions\Denial Firkus.doc
Passed and adopted this 6~' day of October 2008.
Stephanie I~linzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Administration\Licenses\Resolutions\Denial Fixkus.doc