HomeMy WebLinkAboutCC RES 2010-36RESOLUTION NO. 2010-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, UPHOLDING A DECISION BY THE CITY MANAGER AND
PERMIT ADMINISTRATOR REVOKING A MASSAGE ESTABLISHMENT
PERMIT FOR AC MASSAGE LOCATED AT 72-855 FRED WARING DRIVE,
SUITE C-16.
MASSAGE ESTABLISHMENT PERMIT 08-46021
WHEREAS, on May 27, 2010, 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 by operating in an illegal or disorderly
manner, by virtue of an arrest and due to miscellaneous code violations.
WHEREAS, on April 28, 2010, an appeal by the applicant for revocation of the Massage
Establishment Permit was heard and reviewed by a Hearing Officer, and May 5, 2010, the
Hearing Officer recommended that the Massage Establishment Permit for AC Massage be
permanently revoked.
WHEREAS, the Business License Department of the City of Palm Desert, CA did on
December 19, 2009 revoke the Massage Establishment Permit for Lawrence Andrews located at
72-855 Fred Waring Drive, Suite C-16;
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 City Council did find the following facts and reasons to exist to justify the revocation of
the massage establishment permit:
1. In May 2009, the Palm Desert Police Special Enforcement Team received
information regarding suspicious activity at AC Massage. One of the businesses
near AC Massage reported that there was an unusual amount of male patrons
visiting the location at late hours in the evening.
2. In May 2009, a compliance check with Code Enforcement revealed that AC
Massage was in violation of several municipal codes by not having the business
hours posted, list of services provided, and had a lock on the door of room
number two.
3. In October 2009, members of the Palm Desert Special Enforcement Team
assisted Code Enforcement with a monthly compliance check of massage
establishments. AC Massage was out of compliance with municipal codes
regarding their daily sign -in log. Code Enforcement noted the violation, but did
not issue a citation.
4. In December 2009, members of the Palm Desert Special Enforcement Team
received information from a citizen regarding suspicious activity at AC Massage.
The citizen said that he/she was told not to go to AC Massage by the owners of a
business located near the massage parlor. The neighboring business owners told
the citizen that they had observed activity at the location indicating that
prostitution might be occurring inside.
RESOLUTION NO.2010-36
5. In December 2009, members of the Palm Desert Police Special Enforcement
Team conducted an undercover operation at AC Massage. During the operation
the undercover officer was solicited for illicit sexual acts and an arrest was made
for prostitution.
6. The foregoing is grounds for revocation of the Massage Establishment Permit for
AC Massage as the premises for which the establishment permit was issued were
being operated in an illegal or disorderly manner, by virtue of the arrest, in violation
of Palm Desert municipal Code Section 5.87.180(B)(4).
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 08-46021 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council held on 27th day of May, 2010, by the following vote to wit:
AYES: BENSON, KELLY, and FINERTY
NOES: NONE
ABSENT: FERGUSON and SPIEGEL
ABSTAIN: NONE
ATTEST:
Racelle D. Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
David J. - in, City Attorney