STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: The revocation or ) suspension of the license of )

Mary W. Kenny d/b/a Lady Fair ) CASE NO. 75-1864 Massage, License No. 0002352 )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings, by its designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on January 27, 1976 in Winter Park, Florida.

APPEARANCES

For Board of Massage: John Miller, Esquire

Room 3200 Barnett Bank Building Tallahassee, Florida

For Licensee: Morton Rosenblum, Esquire

430 East Highway Casselberry, Florida

ISSUE

By Administrative Complaint filed October 22, 1975, the Florida State Board of Massage seeks to revoke, annul, withdraw, or suspend the license of Mary W. Kenny, License No. 0002352 on grounds that she allowed unlicensed persons to perform work constituting the practice of massage at Lady Fair Massage Parlor, Goldenrod, Florida on or about July 10, 1975. Four witnesses testified on behalf of the Board, and Mary W. Kenny testified in her own behalf.

FINDINGS OF FACT

1. Mary Kenny is licensed by the Florida State Board of Massage and operates the Lady Fair Massage Parlor in Goldenrod, Florida.

   
   

2. On July 9, 1975, Deputy Sheriff David Moore of the Orange County Sheriff's Office made an appointment for a massage at the

   Lady Fair Massage Parlor and was given a massage by Debra Huggins who is not licensed as a masseuse. During the course of the massage he was offered a complete massage with hand relief for

   $15.00. He declined and upon completion of the massage paid Ms. Huggins $10.00.

   
   

3. On the morning of July 10, 1975 Deputy Sheriff Alexander Andrews accompanied by agent Marcos, both of the Orange County Sheriff's Office, entered the Lady Fair Massage Parlor to inquire about a massage. When told they needed appointments they advised they were taking the place of two customers who had appointments. At this time Debra Huggins and Nila Schnur were operating the salon. Andrews was given a massage by Ms. Huggins and was also offered a complete massage which he declined. Upon completion of the massage he paid $10.00 to Ms. Schnur.

   
   

4. On the afternoon of July 10, 1975 Agents Andrews and Moore accompanied by Sgt. Harris, also of the Orange County Sheriff's Office entered the Lady Fair Massage Parlor with a search warrant. Mary Kenny and Debra Huggins were the only females present. After producing the search warrant and searching the premises Ms. Kenny and Ms. Huggins were arrested. The latter was charged with operating as a masseuse without a license and the former with aiding and abetting Debra Huggins and Nila Schnur to practice massage without a license.

   
   

5. On September 17, 1975 Debra Huggins and Nila Schnur pleaded guilty to practicing massage without a license and Mary Kenny pleaded nolo contendere to aiding and abetting the unlicensed practice of massage, all in violation of Chapter 480, Florida Statutes.

   
   

6. Ms. Kenny acknowledged that she knew Debra Huggins and Nila Schnur and that both were desirous of becoming apprentice masseuses. Ms. Huggins had been on the premises for approximately three years and had helped Ms. Kenny move her salon to its present location. Ms. Kenny's testimony that she locked the salon when she was not present and that neither Ms. Huggins or Schnur had a key is not credible. Likewise her testimony that she was unaware that either girl had ever given massages is also not worthy of belief.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 480.11(1)(f) Florida Statutes provides one ground for revocation of a license issued by the Board of Massage is that a licensee allow an unlicensed operator to practice massage. From

the foregoing Findings of Fact there is no question but two unlicensed operators practiced "massage" in the Lady Fair Massage Parlor and that the licensee knew that these operators were giving massages and offering and performing "complete massages". This not only violates the provisions of Chapter 480 Florida Statutes, but also degrades the reputation of legitimate massage parlors.

It is therefore,

RECOMMENDED that the license of Mary Kenny, operating at the Lady Fair Massage Parlor, be revoked.

DONE and ORDERED this 3rd day of February, 1976, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida

COPIES FURNISHED:

John Miller, Esquire Morton Rosenblum, Esquire

================================================================= AGENCY FINAL ORDER

=================================================================

STATE BOARD OF MASSAGE

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

In re the revocation of the

license of MARY W. KENNY d/b/a DOAH CASE NO. 75-1864 Lady Fair Massage

License No. 2352

/

FINAL ORDER

This cause came to be heard by the State Board of Massage on March 26, 1976 in Gainesville, Florida, upon proper notice and consideration of the Recommended Order dated February 3, 1976, issued by K. N. Ayers, Hearing Officer, and the entire record of this matter, and based upon this consideration, the State Board of Massage hereby adopts and incorporates by reference the findings of fact and conclusions of law set forth in the Recommended Order dated February 3, 1976, a copy of which is attached.

NOW, THEREFORE, it is hereby ORDERED AND ADJUDGED:

That the license issued to MARY W. KENNY, No. 2352, for the practice of Massage in the State of Florida, is hereby revoked.

By Order of the State Board of Massage this 8th day of April, 1976.

CHARLES CANFIEDO

President

COPIES FURNISHED:

Morton Rosenblum, Esquire

430 East Highway Casselberry, Florida

John Miller, Esquire

Room 3200 Barnett Bank Building Tallahassee, Florida 32301

Docket for Case No: 75-001864

Orders for Case No: 75-001864