Derby City Council

CITY OF DERBY MEETING OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2017 6:30 P.M. Our mission is to create vibrant neighborhoods, nurture a strong business community, and preserve beautiful green spaces. 1. CALL MEETING TO ORDER 2. FLAG SALUTE 3. INVOCATION 4. ROLL CALL 5. NEW BUSINESS 5. A. Appeal Hearing-Massage Therapy Business and Massage Therapist License Denials 6. ADJOURNMENT 1 Special City Council Meeting 5.A. Meeting Date: 02/22/2017 Submitted By: Jacque Butler, City Attorney Agenda Category: New Business Subject: Appeal Hearing-Massage Therapy Business and Massage Therapist License Denials Guests: Jennifer Gaylord, applicant Jonathan W. McConnell, attorney for Ms. Gaylord Michael Brown, attorney representing City staff in the appeal Background: On January 10, 2017, the City received an application from Jennifer Gaylord for a Massage Therapy Business License for Sage Sisters Massage Therapy. On January 10, 2017, the City received an application for a Massage Therapist license from Jennifer Gaylord. On each application, Ms. Gaylord disclosed the existence of a felony conviction within the past five years. On January 12, 2017, the City denied Ms. Gaylord's applications for a Massage Therapy Business License and a Massage Therapist License because the ordinance states that an applicant must be free from felony convictions for the five year period preceding the license application date. On January 27, 2017, Jennifer Gaylord (through her attorney, Jonathan McConnell) sent a written notice of appeal of the denial of the applications. On February 14, the Council set the hearing date for the appeal as February 22, 2017, at 5:00 p.m. Legal Considerations: On September 12, 2016, the City Council adopted Ordinance 2290 establishing Chapter 5.60 of the Derby Municipal Code and requiring the licensing of Massage Therapy Businesses and Massage Therapists within the City. The ordinance provides that appeals of license denials may be made to the City Council. The appeal hearing will be quasi-judicial in nature. Ex parte communications should be disclosed during the hearing. The decision of the City Council is to be based upon the information presented to the Council and the standards set forth in the code provisions from the ordinance. The City Council's deliberations may be held in executive session pursuant to K.S.A. 75-4318(g)(1) with the City Attorney, who represents the City Council in this matter. 2  The decision of the City Council on such appeal shall be final and conclusive, subject to judicial review. Attachments Massage Ordinance License Denial Letter Applicant's Written Appeal Application for Massage Therapy Business License (redacted) Application for Massage Therapist License (redacted) Conviction Information (certified copies) Agreed Order Terminating Probation 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55