HomeMy WebLinkAboutCC RES 09-74RESOLUTION NO. 09-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CONSIDERING OF AN APPEAL OF A DECISION BY THE CITY
MANAGER AND PERMIT ADMINISTRATOR REVOKING A MASSAGE
ESTABLISHMENT PERMIT FOR TY SPA LOCATED AT 73-891 HIGHWAY 111.
MASSAGE ESTABLISHMENT PERMIT 07-43355
WHEREAS, the Business License Department of the City of Palm Desert, CA did on March 19,
2008 approve a massage establishment permit for Jeon Suyong located at 73891 Highway 111 ("Ty
Spa");
WHEREAS, on August 12, 2009, the City Manager revoked the massage establishment permit
due to the establishment's repeated failures to comply with the Palm Desert Municipal Code in that on
numerous occasions the establishments was cited for providing massages by massagists who did not
have the required massagists permits.
WHEREAS, Mr. Suyoung timely appealed the revocation to the City Council;
WHEREAS, on October 8, 2009, the City Council at the City of Palm Desert, CA did hold a duly
noticed public hearing to consider the revocation of a massage establishment permit for failure to
comply with the 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, the City Council did
find the following facts and reasons to exist to justify the revocation of the massage establishment
permit:
1. Palm Desert Municipal Code section 5.87.180 provides that a massage establishment
permit shall be revoked if the permittee does not comply with all applicable laws and/or
the person in charge of the premises fails to enforce the massage establishment
regulations.
2. Palm Desert Municipal Code section 5.87.090(C) requires that each massage
establishment display a copy of the permit of each massagist in a conspicuous place
on the premises.
3. Palm Desert Municipal Code section 5.87.180(A) and 5.90.020(A) require that each
individual performing or offering' to perform massage services at a massage
establishment have a massagist permit.
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 required massagist permits. On each instance,
various citations were issued to unlicensed individuals performing or offering to perform
services at the establishment without the proper permits per sections 5.87.180(A) and
5.90.020(A) of the Palm Desert Municipal Code.
5. Therefore Ty Spa has operated, and continues to operate at the premises in violation of
the PDMC code sections listed above.
RESOLUTION NO. 09-74
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the City
Council in this case.
2. That massage establishment permit 07-43355 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council
held orundday of October, 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
BENSON, FINERTY, KELLY, and SPIEGEL
NONE
FERGUSON
ABSTAIN: NONE
ATTEST:
acFielle D.
City of Palm
Klassen,ity Clerk
Desert, California
APPR7ED AS TO FORM:
David J:Er fn, City Attorney
4-1
2
Robert A. Spiegel, Mayor