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Home My WebLink AboutAppeal - E. Song - 77682 Country Club Drive - Country Club MassageRECEIVED CITY CLERK'S OFFICE PALM DESERT. CA Jimenez Law Offices 2015 MAR 23 PM I:14 John Jimenez Attorneys at Law Jessica Jimenez 77-564 Country Club Drive, Suite 236 Palm Desert, California 92211 760-3454777 Netlimenez@verizon.net 1-760406-9326 (fax) March 23, 2015 City of Palm Desert City Manager 73510 Fred Waring Drive Palm Desert, California 92260 Re: Notice of Appeal in Police Case #T150780082 Dear City Manager: Please allow this letter to serve as timely Notice that Enna Song, the owner of Cout:try Club Massage, 77682 Country Club Drive, G-2, Palm Desert, through her attorney, John Jimenez, appeals the decision of the City of Palm Desert and it's designees, to suspend her business license,/permit on March 19, 2015. The basis of her appeal is that there was no violation of Palm Desert Municipal Code §5.87.120 A-3 on the date alleged. It is hereby requested that a hearing date for this appeal be scheduled at the soonest time convenient for the parties, and that discovery of all relevant information related to this matter, whether it will be used by the City of Palm Desert in their case or not, be provided to the appellant's counsel at the earliest possible date. We have attached a check in the amount of $100.00 for the filing fee in this matter. You may contact me on my cell phone at 760-898-9348 to schedule the hearing in this matter. Thank you in advance for your courtesies in this matter. ZS'eCOPY Tn z Attorney Law DATE www.Dese rtDe fcnders.com Date: Time: Case CITY OF PALM DESERT NOTICE OF VIOLATION PALM DESERT POLICE DEPARTMENT 73-705 Gerald Ford Drive, Palm Desert, CA 92260 Business location: 77-L-5Z C ,tej4�T G1uo Da. Cr-Z This Notice of Violation is for your information and action. Continued oversight/disregard will result in the issuance of a citation. Violation: Palm Desert Municipal Code 5.87.120 A-3 Please be advised that effective immediately the massage establishment permit issued to ng s nlu ssg c is hereby suspended for noncompliance with section 6.87.120 A-3, "the premises for which the permit was issued is being operated in an illegal or disorderly manner". You are herebv ordered to cease all business activity from this location. Follow up inspection: 0 N - Go,w� Please call the Palm Desert Business License Department at (760) 346-0611 if you have a question or need additional information. Issuing Officei 62314 73-510 FRED WARING DR. • PALM DESERT, CA 92260 T-REASUKR'S RECEIPT ALI Project ACCOUNT DISTRIBUTION MIN Elw-=A- DATE AMOUNT RECEIVED FOR THE CITY TREASURER go FINANCE DEPARTMENT USE ONLY . CR 3/?3/15 06 Receipt no: 1P814 1 tendered $10.00 1 payrent $166.66 c c i CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of an appeal of a decision by the City Manager and Permit Administrator revoking a Massage Establishment Permit for Country Club Massage. Subject property is located at 77-682 Country Club Drive, Suite G-2. SUBMITTED BY: David J. Erwin, City Attorney APPLIANT: Enna Song 78490 Calle Orense La Quinta, CA 92253 CASE NO. Massage Establishment Permit 14-00057910 DATE: April 9, 2015 ATTACHMENTS: Suspension Letter from City Manager dated March 23, 2015 Notice of Violation March 19, 2015 Appeal Letter from attorney John Jimenez dated March 23, 2015 Recommendation Council has the alternative of hearing the appeal or referring the same to a hearing officer for report and recommendation. Recommendation is that Council refer the appeal to hearing officer and recommend that hearing officer be Jeffrey S.R. Patterson. Mr. Patterson has been in this capacity before regarding Massage Appeals. Discussion On March 23, 2015, Permit No. 14-00057910 issued to Country Club Massage at 77-682 Country Club Drive, Suite G-2 in Palm Desert, CA was suspended until further notice. On March 19, 2015, an officer was solicited for illicit sexual acts by a massage therapist at that establishment. This activity at the premises is an illegal or disorderly act for the establishment and is in violation of Palm Desert Municipal Code Section 15:87:120(A)(3). That activity is the basis for the suspension of the established permit previously issued. IC :C Wd L- 80 S18Z VO '183S30 W1Vd 72500.0000 1 \9679977, 1 3 0 f 3 3 0 ,, A b 3 1 3 A 110 (11 A 17- 01 Conclusion. An applicant upon suspension may appeal the same and the Council will hear such appeal or refer same to a hearing officer to conduct the hearing and report back to the Council with a recommendation. We recommend the same be referred to a hearing officer, Jeffrey S.R. Patterson to conduct the hearing and provide and report and recommendation to the Council. 72500.0000119679977.1 'A k; Marcia 23, 2(] 15 Enna Song 78-490 Calle Orpns(,,� La Quinta, California Dear Enna Sonq. Subject: Notice Of Suspension of Nlassag(�,� Establishrnc-mt Flerrr0lk 000579,10, Country Club Massage. Please be advisk!{.J [bat effective illIrTlediately, iiiassage 14-000579,10 issued t(.) COMIt�-y' NiaE1rr foc.ated at 77-689 ("'nuritr y Suite G-2, PaIrn Desert, CA 92260 is iit::rcby supended unW furl )er notice for non- cornplianc,e witfi tt-,e P,- ..flm [)esert Wnicipal (.,ode duty -,to a iec:�nt of an at tl'ie establisfiwa�nt for scilicifing pm,�fiiLjtic,i� Findinq2 a!1i1', r 5$0 n _q�sis fo _qu- ?yS_ On Mar&i 19 2015, an officer mas solicited for Ji;cit sexual by a at Country Club Massage [Tn..'r grounds for suspensicn of rf)e r71aSSHYCF Massage as the f(,,,i Mijcte tine establis�,-Fnent pen,n, vias °)einq operated in an ffleqal or disorderly, �ir'Uje of afres�l, in viol,'iticn ":if F1,D,M.0 5,8'� 120 (A,(3), E. on shtl abe effective Pursuant io P.DJW�C I., hn immediately. It is also w7lawful for ariy -,is 't' c to onducysi t the bness of a , -p� massage establishmerit or of ma, bw massage p.qrmit remains -spqg -woket, ah . _Sjt)_.,.d or r( ag, Pursuant to P.Q.1M.C. 5.87.130 if tML_g s L43) - "" " " 7 ' a ' sage estabfishmet)i permit is suspended or revoked the rn establis " hij,y ' en t PqLmrt ��Liqll be surrendered. The Mq2q�sa P ,9 establishmetil certificate shall be surieridere(I to (I D es e rt du ritn yLe -,a, y� qjjs I Qq. LeRw to Enna Song Suspenshn of Masssge i",e,!rnit No j I 0 Country (,";Ajb fvlass,,rqe March 23, 2() 15 Page 2 Process_fqr Writ�.�q.,Ap. You rriay appeal, the suspension b�t, ,,v0tt;,n �:if:iPaal vhul Hie CAQ; (YUM "Oki) W (10) days of this Notice Thereafter, Pity GUY (ANICH VOW ss t a Nrlf" arld for public hem nng for youj appeal or rnay refer tJhe mattor to harinp cfi�cer If the City Counud ctmoses, k rnay dwale Me mader hased iyon Wo wonmenwomm", and findhgs of RHY hemiyj Wer We dedskpi 0 Wre Guy CDunjl 1 my ibe Coy a Palm Desert will be notifying CCAMTC (Californs Massage tiro apipy Kovinci) of 1tv suspension of YOW' ;�owWt Enclosed hmevjith fcr yokx reference art-, included in C.',hater By, J0KQN NA. INW-11-PAUTIH CITY AAANAGER Enclosure (as nukd) cc: Divid J. Lwin, City Attorney Paul Gibson, Directof off-innnc�., Pedro Rricirid,-juc,;-,, Code silper-0so,� U SuHiven, Nowiswrit CAW of Poloc, C 11 y 01 P q I M 0 [ S [ R I 5.87.120 Revocation or suspension of massage establishment permit. Page I of :7 Palm Desert Municipal Code tip previous Next Main [- search Print I No Frames Title 5 BUSINESS TAX S. LICENSES ENSES AND BEGU ATTONS Chapter 5,87 MASSAGE ESTABL15HMENTS 5.87.120 Revocation or suspenslon of massage establishment permit. A. Massage establishment permits issued to a certified massage establishment shall be suspended or revoked by the city manager upon any ofthe following grounds: 1. The massage establishment permit holder has been arrested or filing of charges of a crime that would have caused denial of the massage establishment permit. 2. The massage establishment permit holder has made a material misrepresentation on the application for massage establishment permit or renewal. 3. The massage establishment permit holder has engaged in conduct or operated the certified massage establishment or as a massage practitioner in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit. A massage therapist or massage practitioner employed by the massage establishment has been arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, or the premises for which the permit was issued is being operated in an illegal or disorderly manner, and such practices shall constitute in immediate suspension and/or revocation of certificate of registration. 4. The massage establishment permit holder employs or uses one or more non -certified massage practitioners to perform massage services. 5. Violations of this chapter or of California Business and Professions Code Section 4600 et seq., have occurred on the establishment premises. 6. The massage establishment permit holder has failed to comply with one or more of the zoning, business license, or health and safety requirements under this chapter. 7. The massage establishment permit holder has engaged in fraud, misrepresentation, or false statements in obtaining or maintaining a massage establishment permit. 8. There is an urgency of immediate action to protect the public from injury or harm. B. The term of suspension shall be not more than sixty calendar days. C. The suspension or revocation shall be effective immediately by the city manager. D. if a massage establishment permit is suspended or revoked, the suspension shall be effective immediately by the city manager or designees. Such suspension shall be accomplished by posting a notice thereof on the premises. Such notice shall state the reasons for the suspension. The city manager or designees shall direct or cause the premises to be closed and locked against use by the public in order to insure compliance with an order of suspension. The aggrieved party may pursue a subsequent appeal or hearing by following the procedures set forth in this chapter. E. It is unlawful for any person to conduct the business of a massage establishment or carry on the business of massage while the massage establishment permit remains suspended or revoked pending a hearing. F. Any massage establishment permit or certificate of registration for a massage business existing at the time this ordinance is adopted may be revoked or suspended as provided in this chapter. (Ord. 1277 § 2, 2014; Ord. 1256 § 1, 2013) 11Up://www.(Icode.us/codes palmdesert/view.plip?topic 5-5 87-5 87 120&frames can 3/19/2015 5.87.140 Appeal from revocation, suspension. Page l of I Palm Desert: Municipal Code t.1p Previous I Next j Main r Search F-Rrintl No Frames l ltle 5 BUSINESS TAXES, 10ENSES AND REQUI ,"r M Chapter 5.87 MA SAGE ESTABLISHMENTS 5.87.140 Appeal from revocations suspension. The decision of the city manager to suspend or revoke a massage establishment permit may be appealed by the massage establishment permit holder in accordance with the following procedures: A. All appeals shall be in writing and shall contain the following information: (1) name(s) of the person filing the appeal (appellants); (2) a brief statement in ordinary and concise language of the grounds for the appeal; and (3) the signatures of all parties named as appellants and their mailing addresses. B. A filing fee for an appeal of one hundred dollars, or other amount as established from time to time by city council resolution, must be paid to the city at or prior to the time of the filing of the appeal. C. Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete. D. A complete and proper appeal of the suspension or revocation of a massage establishment permit shall be filed with the city clerk within ten calendar days of service of the letter revoking or suspending the massage establishment permit or within ten calendar days of any other action that is the subject of appeal. E. After receiving the written appeal, the city clerk shall schedule a hearing before the city council. The city council may refer the matter to a hearing officer. The city council may decide the matter based on the recommendations and findings of the hearing officer, if it so chooses. F. The decision of the city council or hearing officer shall be final, (Ord. 1277 § 2, 2014; Ord. 1256 § 1, 2013) View the mobile version. http:ltvvww.gcode.usleodes.'palmdesert/view.pltp?topic 5-5 87-5 87 140&frames on I'l9/2015 5.87.130 Suspension or revocation notice. page I of I rairn uesert Municipal Code UP Previous Next Main �� Search Pnnt I � No Frames A Chanter 5.87 MASSAGE CST -AB rsHMrnrrs .ems 5.87,130 Suspension or revocation notice. A. Notice shall be given to the massage establishment permit holder by letter stating the grounds for proposed revocation or suspension. Notice shall be given by personal service or certi tied, registered, or first class mail of the letter to the address shown on the last application or renewal. B. If the massage establishment permit is suspended or revoked, the massage establishment permit shall be surrendered. C. Service shall be deemed complete when personal service is made or when the notice letter is delivered by certified, registered, or first class mail. (Ord. 1277 § 2, 2014; Ord. 1256 § 1, 2013) View the mobile version. http://www.gcode.us/codes/paImdesertivicw.php?topic 5-5_87-5 87 130&frames on 3 19"2) 01 �; A Date, 'ase y------ C TY I(.".)D"' -V 1 C PALM DESERTPOLACE DE:PARTMENT 73-705 Gerald Ford Drive f-lalrn Desert, CA 92260 Business kxatimv This Notice of Violation is foi you Continued ovc�rsightldisregard wiii result in �hf,, citation. Violation: Paiai Desert Wfli(Af.),Al Code 15.8'1,120 A-�'3 Please be advised that effective immediatel'y the rna.,.,;sage, estabhshrnent permit issued to is hereby suspended for noncompliance with section 5.87.120 A-3, "the pren-Oses for Mach the pernAl wus, issued is being opeNoed W an illegal or Asorderh, manne�r". i s �A _Ct i v i FolloGv up inspection: ON Rease call the AS Desen Bunness Wense Depairrent m, (760) 346-0611 A you havp a queshon or need addqkmW information, Issuing Of`llcer. RECEIYED CITY CLERK'S OFFICE PALM DESERT, CA Jimenez Law Offices 2015 MAR 23 PM 1: 14 John Jimenez Attorneys at Law Jessica Jimenez 77-564 Country Club Drive, Suite 236 Palm Desert, California 92211 760-3454777 gilimenez@verizon.net 1-760406-9326 (fax) March 23, 2015 City of Palm Desert City Manager 73510 Fred Waring Drive Palm Desert, California 92260 Re: Notice of Appeal in Police Case #T150780082 Dear City Manager: Please allow this letter to serve as timely Notice that Enna Song, the owner of Country Club Massage, 77682 Country Club Drive, G-2, Palm Desert, through her attorney, John Jimenez, appeals the decision of the City of Palm Desert and it's designees, to suspend her business license/permit on March 19, 2015. The basis of her appeal is that there was no violation of Palm Desert Municipal Code §5.87.120 A-3 on the date alleged. It is hereby requested that a hearing date for this appeal be scheduled at the soonest time convenient for the parties, and that discovery of all relevant information related to this matter, whether it will be used by the City of Palm Desert in their case or not, be provided to the appellant's counsel at the earliest possible date. We have attached a check in the amount of $100.00 for the filing fee in this matter. You may contact me on my cell phone at 760-898-9348 to schedule the hearing in this matter. Thank you in advance for your courtesies in this matter. S' er , ji en z C0P T &., Attorney Law DATE __, www. DesertDefenders.com