HomeMy WebLinkAboutB. Case No. CUP 07-03 - JEON SUYONG Business Owner, CITY OF PALM DESERT, Applicant CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Revocation of an existing Conditional Use Permit (CUP) for a massage
therapy establishment in a 928 square foot retail suite located at 73-
891 Highway 111, Case No. CUP 07-03.
SUBMITTED BY: Kevin Swartz
Assistant Planner
APPLICANT: City of Palm Desert
BUSINESS Jeon Suyong
OWNER: 362 Indian Canyon Drive
Palm Springs, CA 92262
CASE NO. CUP 07-03
DATE: October 6, 2009
I. EXECUTIVE SUMMARY:
Approval of staffs recommendation would revoke an existing Conditional Use
Permit for a massage therapy establishment in a 928 square foot retail suite
located at 73-891 Highway 111.
II. BACKGROUND/ ANALYSIS:
On February 6, 2007, the Planning Commission approved Resolution No. 2433,
which allowed Wenji Piao to operate a massage establishment in a 928 square
foot retail suite located at 73-891 Highway 111. On March 19, 2008 the business
was taken over by Jeon Suyong. The Conditional Use Permit was still valid since
the business use didn't lapse for more than one year.
A Condition of Approval that was placed on the project states, "Applicant must
obtain all clearances, permits or licenses as required by the City's Municipal Code
including, but not limited to, Ordinance No. 870 Massage Establishment." As a part
of the City's ongoing monitoring of massage establishments, the Police and Code
Enforcement Departments routinely performed inspections at this location. During
the course of six massage establishment inspections on October 21, 2008,
December 18, 2008, March 11, 2009, May 1, 2009, June 9, 2009 and August 5,
2009, the massage therapists at Ty Spa failed to comply with important licensing
and posting requirements. At each inspection, at least one massage therapist was
Staff Report
CUP 07-03
October 6, 2009
Page 2 of 2
performing or offering to perform massage therapy services without the required
massage permit. At the December, June, and August inspections, criminal citations
were issued against those massage therapists without required massage permits.
Per Palm Desert Municipal Code section 5.87.180(A), the forgoing constitutes
grounds for revocation of the Massage Establishment Permit for Ty Spa, as the
business has repeatedly failed to comply with all applicable laws, namely by
employing individuals who do not possess the required massage permits in
violation of Palm Desert Municipal Code section 5.90.020(A).
The findings to justify the revocation of CUP 07-03 can be found in the attached
resolution. Following the revocation of a Conditional Use Permit, no new
application can be filed within a one year period from the date of revocation for
the same or substantially the same conditional use on the same site.
III. RECOMMENDATION:
Staff recommends that the Planning Commission adopt the findings and Planning
Commission Resolution No. revoking CUP 07-03.
IV. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Memorandum from Best Best & Krieger
D. P.D.M.C. 5.87.180(A), 5.90.020(A)
Submitted by: Department Head:
)(A- A../ .
Kevin Swartz Lauri Aylaian
Assistant Planner Director of Community Development
G:\Planning\Kevin Swartz\Word\Ty Spa\revoking CUP 07-03 PC report.doc
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT,CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT CUP 07-
03 ALLOWING A MASSAGE THERAPY ESTABLISHMENT IN A 928 SQ. FT. RETAIL
SUITE LOCATED AT 73-891 HIGHWAY 111.
CASE NO. CUP 07-03
WHEREAS,the Planning Commission of the City of Palm Desert, CA did on February 6,2007
approve Conditional Use Permit 07-03 for a massage therapy establishment located at 73-891
Highway 111;
WHEREAS, on October 6, 2009, the Planning Commission at the City of Palm Desert, CA did
hold a duly noticed public hearing to consider the revocation of CUP 07-03 for failure to comply with
conditions of approval, and Palm Desert Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary
evidence, and arguments, if any, about which the persons desiring to be heard, said, the Planning
Commission did find the following facts and reasons to exist to justify the revocation of CUP 07-03:
1. Conditions of Approval of CUP 07-03 require that:
Applicant must obtain all clearance, permits, or licenses as required by
the City's Municipal Code including, but not limited to, Ordinance No. 870
Massage Establishment, before the conditional use permit is deemed
valid.
2. Palm Desert Municipal Code§25.72.130 provides that the conditional use permit may
be revoked if the permittee:
(1) Has failed to comply with any applicable provision of the Palm
Desert Municipal Code, including, but not limited to, the City's building,
zoning, and health regulations;
(2) Has failed to comply with any condition imposed by the
Conditional Use Permit.
3. On August 12, 2009, a notice of revocation of massage establishment permit to operate
at the premises was issued to Jeon Suyong.The permit was revoked due to the results
of the City's massage establishment inspections and issuance of various citations to
unlicensed individuals performing or offering to perform services at the establishment
without the proper licensing and noncompliance per sections 5.87.180(A) and
5.90.020(A) of the Palm Desert Municipal Code (PDMC).
4. On October 21, 2008, December 18, 2008, March 11,2009, May 1,2009,June 9,2009
and August 5, 2009, the City conducted inspections at Ty Spa and found staff present
and conducting business, without a massage establishment permit. PDMC 5.87.030
prohibits operating a massage establishment without a license.
PLANNING COMMISSION RESOLUTION NO.
5. Therefore Ty Spa has operated, and continues to operate, at the premises in violation
of the conditions of approval for CUP 07-03 and the PDMC code sections listed above.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That Conditional Use Permit 07-03 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission held on 6th day of October, 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson •
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPROVED AS TO FORM:
David J. Erwin, City Attorney
RMPUB\RHARGREAVES\307980.1
1. CITY OF PRIM DESERT
• ,, �§ ' 73-510 FRED WARING DRIVE.
r! PALM DESER"1,CALIFORNIA 92260-2578
r.'" i... TEL:760 346-0611
Y FAX:760 341-7098
alibi=. . info@palm-deserr.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 07-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to revoke an approved Conditional Use Permit for a massage
therapy establishment within a 928 square foot retail suite. The property is located at
73-891 Highway 111.
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SAID public hearing will be held on Tuesday, October 6, 2009 at 6:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed project is
available for review in the Department of Community Development at the above address
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge
the proposed actions in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the Planning Commission at, or prior to,the public hearing.
PUBLISH: Desert Sun LAURI AYLAIAN, Secretary
September 26, 2009 Palm Desert Planning Commission
BEST BEST & KRIEGER t
IRVINE ATTORNEYS ATLAW sAc_
(949) O
263-2600 74-760 Highway 111,Suite 200 (9116)32540000
LOS ANGELES Indian WeIIs,California 92210 SAN DIEGO
(213)817-8100 (760)658-2511 (619)b25 1300
(750)340-6698 Fax
ONTARIO BBKlaw.com WALNUT CREEK
(909)989-8584 (925)977-3300
RIVERSIDE
(951)886-1450
Stacey P. Shalhoub
(760)568-2611
Stacey.Shalhoub®bbklaw.com
File No. 72500.00762
August 12, 2009
BY CERTIFIED MAIL BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Jeon Suyong Jeon Suyong
73891 Highway 111 362 South Indian Canyon Drive
Palm Desert, CA 92260 Palm Springs, CA 92262
Re: NOTICE OF REVOCATION OF MASSAGE ESTABLISHMENT
PERMIT FOR TY SPA; PERMIT NO.: 07-43355
Dear Ms. Suyong:
On behalf of the Palm Desert City Manager and the Permit Administrator, please be
advised that effective immediately, the Massage Establishment Permit for Ty Spa is hereby
revoked for noncompliance with the Palm Desert Municipal Code ("the Code" or "P.D.M.C."),
due to the results of the City's Massage Establishment Inspections and the issuance of various
citations to unlicensed individuals performing or offering to perform services at the
establishment.
Findings and Basis for Revocation.
During the course of six Massage Establishment Inspections on October 21, 2008,
December 18, 2008, March 11, 2009, May 1, 2009, June 9, 2009 and August 5, 2009, massage
therapists at Ty Spa failed to comply with a vitally important licensing and posting requirement.
At each Inspection, at least one massage therapist was performing or offering to perform
massage therapy services at Ty Spa without the required massagist permit. At the December,
June and August Inspections, criminal citations were issued against those massage therapists
without the required massagist permit.
Per P.D.M.C. §5.87.180(A), the foregoing is grounds for revocation of the Massage
Establishment Permit for Ty Spa, as the business has not complied with all applicable laws,
namely by employing individuals who do not possess the required massagist permits in violation
of P.D.M.C. §5.90.020(A).
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Ms. Suyong
August 12, 2009
Page 2
Process for Written Appeal.
You may appeal this revocation by filing a written appeal with the City Clerk within ten
(10) days of this Notice. Thereafter, the City Council will set a time a place for a public hearing
for your appeal or may refer the matter to a hearing officer. If the City Council chooses, it may
decide the matter based upon the recommendations and findings of the hearing officer. The
decision of the City Council is final.
Enclosed herewith for your further reference are the applicable P.D.M.C. Sections
included in Chapter 5.87 and copies of the various Inspection Reports cited above.
Sincerely,
(4,W
Stacey P. Shalhoub
for BEST BEST&KRIEGER LLP
City Attorneys for the CITY OF PALM DESERT
sps
Enclosures
cc: John Wolmuth
Paul Gibson
Rob Bishop
David J. Erwin, Esq.
Robert Hargreaves, Esq.
RMLIT\SSHALHOUB\309538.1
OL111U01 PALM DESERT - OCCUPATIONAL LICENSE DEPT 9/11/09
License File Changes - General Information 13 :58:17
Type information, press Enter. Last activity:
Business control . . . . 33934 Updated: 09/11/09 by CPD169
Business name & address Mailing address
TY SPA 73891 HWY 111
73891 HWY 111 PALM DESERT CA 92260
PALM DESERT CA 92260
License number . . . . : 08 00043355
Appl, issue, expir . . . 40109 82009 33110
License status (F4) . . IN ACTIVE
Classification (F4) . P7299 MASSAGE ESTABLISHMENT PERMIT
Exemption (F4) _
License comments . . . INACTIVE LICENSE REVOKED FOR NONCOMPLIANCE WITH
License restrictions . THE PALM DESERT MUNICIPAL CODE
Gross receipts 100000. 00
Reprint this license . N Y=Yes, N=No
Additional charges . . N Y=Yes, N=No Miscellaneous . . N Y=Yes, N=No
Extra requirements . . N * Y=Yes, N=No Sub codes . . . . N Y=Yes, N=No
More. . .
F3=Exit F5=Code description F9=Applicant/Qualifier
F10=Business maintenance F12=Cancel F24=More keys
CITY OF PALM DESERT
E1. i 73-510 Fred Waring Drive
Palm Desert,CA 92260
;? j'• 760-346.0611 ext 477
• '� " Massage Establishment Inspection
Case Number 0Qj 3 8 a Date 2
Business Name T'
Business Address 3 G }.; .. `1 •
Massage establishments shall comply with each of the following requirements:
1. ❑Yes xi No Business hours only between 7 a.m.and 12 mid-night.
2. IA Yes [] No Posted list of services and the cost of such services in a conspicuous place on the premises.
3• ❑Yes .0 No Display of permit,and the permit of each massagist in a conspicuous place on the premises.
4. ❑Yes No Maintain a record with the patrons name, address, date and time of each massage, the name of the
person administering such massage,and the type of massage given.
5. Cgi ❑ No The premises shall have adequate equipment for disinfecting and sterilizing non-disposable
instruments and materials used in administering massages.
6. 54 Yes ❑ No Al)employees, including massagists, shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas.
7. ❑Yes xi*No All massage therapists shall have in their possession a valid permit, valid identification at all times
TT�� that he or she is performing or offering to perform massage therapy services within the city.
8. .a Yes ❑ No Maintenance of walls, ceilings,floor,pools, showers,bathtubs,water basins,toilets,wet and dry heat
rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and
sanitary condition.
9. (§Yes E] No Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets,
towels and linens shall be permitted.
10. iVYes ❑ No Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other
waterproof material.
11. (:4 Yes ❑ No Unlock all exterior doors from interior side during business hours.
12. [ f Yes ❑ No Any massage service to be carried on within any cubicle,room,booth,or any area within a permitted -
establishment shall not be fitted with a door capable of being locked.
13. ❑Yes El No Provide the City a list of current licensed massage therapists working at this business.
Comments: rc>\a ii A UiS i Or A t.L [- _4.1. 0
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CITY OF PALM DESERT
�� ,` 73-510 Fred Waring Drive
� `: Palm Desert,CA 92260
760-346-0611 ext 477
Massage Establishment Inspection
:ase Number Date '
•
lusiness Name �f�( IA
lusiness Address .73 €41 Rw. l)(
Massage establishments shall comply with each of the following requirements:
pi Yes ❑ No Business hours only between 7 a.rrfr and 12 mid-night.
'.• ]Yes ❑ No Posted list of services and the cost of such services in a conspicuous place on the premises.
3• ❑Yes 13 No Display of permit,and the permit of each massagist in a conspicuous place on the premises.
i. ElYes ( No Maintain a record with the patrons name, address, date and time of each massage,the name of the
person administering such massage,and the type of massage given.
3. (Yes ❑ No The premises shall have adequate equipment for disinfecting and sterilizing non-disposable
instruments and materials used in administering massages.
3. xf Yes ❑ No All employees, including massagists, shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas.
r. 0 Yes No All massage therapists shall have in their possession a valid permit, valid identification at all times
that he or she is performing or offering to perform massage therapy services within the city.
3. ❑Yes No Maintenance of walls,ceilings,floor, pools,showers,bathtubs,water basins,toilets,wet and dry heat
rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and
sanitary condition.
). [Yes ❑ No Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets,
towels and linens shall be permitted.
0. ,Yes ❑ No Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other
waterproof material.
1. Z,Yes 0 No Unlock all exterior doors from interior side during business hours.
2. fT to Yes (] No Any massage service to be carried on within any cubicle,room,booth,or any area within a permitted
establishment shall not be fitted with a door capable of being locked.
3. ❑Yes (4No Provide the City a list of current licensed massage therapists working at this business.
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•
CITY OF PALM DESERT
r; ; 73-510 Fred Waring Drive
r q Palm Desert,CA 92260
rgos,
760-346-0611 axt 477
Massage Establishment Inspection
Case Number �J-f��G. Date 3-I l ci
Business Name .-- ' pA
Business Address '7 3•-$`9 I K,,�;'i i i I
Massage establishments shall comply with each of the following requirements:
1. Yes [] No Business hours only between 7 a.m.and 12 mid-night.
2. riKrYes [] No Posted list of services and the cost of such services In a conspicuous place on the premises.
3. 21 Yes ❑ No Display of permit,and the permit of each massagist in a conspicuous place on the premises.
4• ❑Yes [ No Maintain a record with the patrons name, address, date and time of each massage, the name of the
person administering such massage,and the type of massage given.
5. , j`Yes ❑ No The premises shall have adequate equipment for disinfecting and sterilizing non-disposable
Instruments and materials used in administering massages.
6. gf Yes [] No All employees, including massagists, shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas.
7• ❑Yes la No All massage therapists shall have in their possession a valid permit, valid identification at all times
that he or she is performing or offering to perform massage therapy services within the city.
8. Z Yes ❑ No Maintenance of walls,ceilings,floor,pools,showers,bathtubs,water basins,toilets,wet and dry heat
rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and
sanitary condition.
9. XI Yes Q No Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets,
towels and linens shall be permitted.
10. 01 Yes ❑ No Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other
waterproof material.
11. Ri Yes ❑ No Unlock all exterior doors from Interior side during business hours.
12. 4.Yes [j No Any massage service to be carried on within any cubicle,room,booth,or any area within a permitted
establishment shall not be fitted with a door capable of being locked.
13. ❑Yes JJ No Provide the City a list of current licensed massage therapists working at this business.
Comments: h,.,) 1.46 (k►Ut.iCxaas 7-I L4()ts; H>•1,'&
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•
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert,CA 92260
��'!IPA� �= 760-346-0611 ext 477
" ' Massage Establishment Inspection
Case Number (� �^; Co
Date S "/•c'9
Business Name `t" 5010,
Business Address '"7
Massage establishments shall comply,with each of the following requirements:
1. Yes 0 No Business hours only between 7 a.m.and 12 mid-night.
2. [ Yes ❑ No Posted list of services and the cost of such services in a conspicuous place on the premises.
3• ❑Yes No Display of permit,and the permit of each massagist in a conspicuous place on the premises.
4 KA'Yes ❑ No Maintain a record with the patrons name, address, date and time of each massage, the name of the
person administering such massage,and the type of massage given.
5. ,Yes ❑ No The premises shall have adequate equipment for disinfecting and sterilizing non-disposable
instruments and materials used in administering massages.
6. Yes ❑ No All employees, including massagists, shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas.
7- ❑Yes (f No All massage therapists shall have in their possession a valid permit, valid identification at all times
that he or she Is performing or offering to perform massage therapy services within the city.
8. ( Yes ❑ No Maintenance of walls,ceilings,floor,pools,showers,bathtubs,water basins,toilets,wet and dry heat
rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and
sanitary condition.
9. g Yes ❑ No Provide dean and sanitary towels, sheets and linens for each person. No common usage of sheets,
towels and linens shall be permitted.
10. Yes ❑ No Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other
waterproof material.
11. fYes ❑ No Unlock all exterior doors from interior side during business hours.
12. OYes ❑ No Any massage service to be carried on within any cubicle, room,booth,or any area within a permitted
establishment shall not be fitted with a door capable of being locked.
13. ❑Yes ad No Provide the City a list of current licensed massage therapists working at this business.
Comments: r-o J;Ov G `
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•
CITY OF PALM DESERT
i'�l 73-510 Fred Waring Drive
Palm Desert,CA 92260
•1 R�/. 760-346-0611 ext 477
--1% Massage Establishment Inspection
Case Number C` !" Z 7 Date 6-9- e
Business Name Ty( S Pq
Business Address -1 b-Sci I Nw.k 111
Massage establishments shall comply with each of the following requirements:
1. xi Yes 0 No Business hours only between 7 g.m. and 12 mid-night.
2. xi Yes ❑ No Posted list of services and the cost of such services In a conspicuous place on the premises.
3. fYes ❑ No Display of permit,and the permit of each massagist in a conspicuous place on the premises.
4. Yes ❑ No Maintain a record with the patrons name, address, date and time of each massage,the name of the
person administering such massage,and the type of massage given.
5. ZiYes ❑ No The premises shall have adequate equipment for disinfecting and sterilizing non-disposable
instruments and materials used in administering massages.
6. Yes 0 No All employees, including massagists, shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas.
7. ❑Yes It No All massage therapists shall have In their possession a valid permit, valid identification at ail times
that he or she is performing or offering to perform massage therapy services within the city.
8. a(Yes ❑ No Maintenance of walls,ceilings,floor, pools,showers,bathtubs,water basins,toilets,wet and dry heat
rooms, steam or vapor rooms and cabinets and all other facilities In good repair and in a clean and
sanitary condition.
6. J Yes ❑ No Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets,
towels and linens shall be permitted.
10. Yes 0 No Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other
waterproof material.
11. J Yes ❑ No Unlock all exterior doors from interior side during business hours.
12. ('Yes ❑ No Any massage service to be carried on within any cubicle,room,booth,or any area within a permitted -
establishment shall not be fitted with a door capable of being locked.
13. ISZYes ❑ No Provide the City a list of current licensed massage therapists working at this business.
Comments: 1, —n u.N LL 441 `tldvt-A- "i F-a- pool" /t.hJ lW
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CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert,CA 92260
t j ; 760-346-0611 ext 477
Massage Establishment Inspection
Case Number O I 3ii I • Date ca y `c`1
Business Name 7\1 SPA
Business Address •7 j - '7/ j..�. .� i
Massage establishments shall comply with each of the following requirements:
1. alYes ❑ No Business hours only between 7 a.m.and 12 mid-night.
2. 'Yes ❑ No Posted list of services and the cost of such services in a conspicuous place on the premises.
3. ❑Yes !A! No Display of permit,and the permit of each massagist in a conspicuous place on the premises.
4. (i Yes 0 No Maintain a record with the patrons name, address, date and time of each massage, the name of the
person administering such massage,and the type of massage given.
5. Yes ❑ No The premises shall have adequate equipment for disinfecting and sterilizing non-disposable
instruments and materials used in administering massages.
6. IX Yes ❑ No All employees, including massagists,shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas.
7. ❑Yes 'No All massage therapists shall have in their possession a valid permit, valid identification at all times
that he or she is performing or offering to perform massage therapy services within the city.
8. 4'Yes ❑ No Maintenance of walls,ceilings,floor, pools,showers,bathtubs,water basins,toilets,wet and dry heat
rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and
sanitary condition.
9. Z(Yes 0 No Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets,
towels and linens shall be permitted.
10. [VYes ❑ No Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other
waterproof material.
11. (4 Yes ❑ No Unlock all exterior doors from interior side during business hours.
12. gYes ❑ No Any massage service to be carried on within any cubicle,room, booth,or any area within a permitted
establishment shall not be fitted with a door capable of being locked.
13. [ ( Yes ❑ No Provide the City a list of current licensed massage therapists working at this business.
Comments:
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5.87.180 Suspension, revocation of permit. Page 1 of 1
Palm Desert Municipal Code
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Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.87 MASSAGE ESTABLISHMENT AND MASSAGISTS
5.87.180 Suspension, revocation of permit.
The city manager shall suspend or revoke any permit issued under this chapter if he finds and determines that:
A. The business as conducted by permittee, its agent(s)or employee(s),or any person(s)connected or
associated with the permittee as partner, director, officer,general manager or any other person(s), who is
exercising managerial authority of,or on behalf of permittee acting under the authority of such permit, does not
comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; or
B. Permittee, its agent(s)or employee(s), or any person connected or associated with the permittee as
partner, director, officer or general manager or other person(s), who is exercising managerial authority of, or on
behalf of permittee, acting under the authority of such permit, has:
1. Knowingly procured said permit by false statements,representations or nondisclosure of a material fact
when such fact would have constituted good cause for denying the application for such permit or any document
required by the city in conjunction therewith, or
2. The permittee has ceased to meet any of the requirements for issuance of a permit, or
3. Any failure on the part of the owner, manager or other person in charge of the premises to enforce the
regulations set forth in this chapter or to cooperate with the police department by promptly reporting any fight,
brawl or other unlawful activities occurring on the premises, or
4. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or
5. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the
neighborhood,or
6. The applicant has been convicted of disqualifying conduct, as defined in Section 5.90.010.
Such denial may be made only if the act or crime referred to in subsection B6 or B7 of this section must be
substantially related to the qualifications, functions or duties of a person engaged in the business or practice of
massage establishment. (Ord. 993 § 3 (part),2002; Ord. 870 § 2(Exhibit A) (part), 1998)
http://gcode.us/codes/palmdesert/view.php?topic=5-5_87-5_87_180&frames=on 10/1/2009
5.90.020 Massage therapy permits required. Page 1 of 1
Palm Desert Municipal Code
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Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.90 MASSAGISTS PERMITS
5.90.020 Massage therapy permits required.
A. Massage Therapist Permit.Except as expressly provided in this chapter, only a person holding a current
massage therapist permit issued pursuant to this chapter shall perform or offer to perform massage therapy at a
massage therapy establishment located within the city. Nothing herein shall exempt a person from zoning or
other applicable requirements set out elsewhere in this code or in the zoning ordinance, and every person shall
comply with all such requirements.
B. Off-premises Endorsement to Massage Therapist Permit.Except as expressly provided in this chapter,
no person shall perform or offer to perform an off-premises massage unless he or she has a valid massage
therapist permit, with an off-premises endorsement, issued to him or her pursuant to the provisions of this
chapter.Nothing herein shall exempt a person from zoning or other applicable requirements set out elsewhere in
this code or in the zoning ordinance, and every person shall comply with all such requirements.
C. Unless specifically exempted by state law,the fact that a person possesses other types of permits and/or
licenses does not exempt him or her from the requirement of obtaining a permit that is required by this chapter.
The permit requirements of this chapter shall be in addition to the requirement of a business license set out
elsewhere in this code, as well as any other license,permit or fee required by any local,county, state or federal
law. (Ord. 993 §4(part), 2002)
5.90.020
http://gcode.us/codes/palmdesert/view.php?topic=5-5_90-5_90_020&frames=on 10/1/2009