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Home My WebLink AboutRes 09-74 - Revoke Massage Permit for Ty Spa 73891 Hwy 111 f��6Ps� ��±� ! D �j v / � �A,TEA��-�-�� l � � � � ��..1 �v�� .,. �� ,. CITY OF PALM DE Ef� ��,v��-�� $}n ��.r�� __ .�.. e DEPARTMENT OF COMMUNITY STAFF REPORT REQUEST: Consideration of an appeal of a decision by the City Manager and Permit Administrator revoking a Massage Establishment Permit for Ty Spa. Subject property is located at 73-891 Highway 111. SUBMITTED BY: Kevin Swartz Assistant Planner APPILANT: Jeon Suyong 362 South Indian Canyon Drive Palm Springs, CA 92262 CASE NO: Massage Establishment Permit 07-43355 DATE: October 8, 2009 ATTACHMENTS: Revocation Letter from Best Best& Krieger (dated August 12, 2009) Inspection Citations Application to Appeal Recommendation: Waive further reading and adopt Resolution No. 09- �4 upholding the City Manager's and Permit Administrator's decisions to revoke an existing Massage Establishment Permit for Ty Spa. Revocation is for noncompliance with the Section 5.90.020 of the Palm Desert Municipal Code, as evidenced by issuance of six citations to unlicensed individuals performing or offering to perform services at the establishment located at 73- 891 Highway 111. Discussion: 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 Staff Report Appeal of Revocation of Massage Establishment Permit October 8, 2009 Page 2 of 2 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 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). Conclusion: Every decision of the City Manager and Permit Administrator can be appealed to the City Council for ultimate jurisdiction. The appeal is required to be heard by the City Council within 40 days. This appeal was made by the applicant after revocation of their Massage Establishment Permit. Staff recommends that the City Council uphold the City Manager's and Permit Administrator's decisions revoking the Massage Establishment Permit for Ty Spa because of the repeated use of unlicensed therapists, which is prohibited by 5.90.020(A) of the municipal code. Submitted By: Department Head: G Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development Approval: �� ,` J M. Wohlmuth it Manager G:�Planning\Kevin Swartz\Word\Ty Spa\Ty Spa business lic appeal(2)-Reviseddoc CITY COUNCIL RESOLUTION 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 W HEREAS,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. CITY COUNCIL 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 on 8th day of October, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Robert A. Spiegel, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: David J. Erwin, City Attorney BEST BEST 8i KRIEGER� ATTORNEYS ATLAW IRVINE SACRAMENTO (949}263-2600 74-760 Highway 111,Suite 200 (9i 6)325-4000 — Indian Wells,California 92210 LOS ANGELES SAN DIEGO (213)617-8100 (/60)668-2611 (619)625-1300 _ (760)340-6698 Fax _ ONTARIO BBKlaw.com WALNUT CREEK (909)989-8584 (925)977-3300 RIVERSIDE (951)686-1450 Stacey P. Shalhoub (760)568-26t 1 Stacey.Shalhoub�bbkiaw.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 vaxious citations to unlicensed individuals performing or offering to perform services at the establishxnent. Findin�s 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 Sr KRIEGER wTronn�xs wT r,+w 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, 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. RMLf71SSHALHO UB\309538.1 ,,�.�� CITY OF PALM DESERT ` 73-510 Fred Warirtg Drive Paim Desert,CA 82260 760-346-0611 ext 477 �llassage Estabiishment Inspection Case Number �j '�� Date /i�� (-�� Business IVame ��( �(�A Business Address_� � �' �1 � �`L: ,� 1 �� Massage establishments shail compiy with' each of the following requirements: 1. ❑Yes � No Business hours only between 7 a.rn.and 12 mid-night. 2• �Yes [J No Posted list of services and the cost of such servlces in a conspicuous place on the premises. 3• ❑Yes '�No Qisplay 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 inessage given. �• [�Yes [] No The premises shall have adequate equiprnent 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 anatamical areas. 7• []Yes '�(No All massage therapists shail have in their possession a valid permit, valid identification at all times T� that he or she is performing or offering to perform massage therapy services within the city. 8• '�Yes � No Maintenance of wails, ceilings,floor, pools, showers,bathtubs,water basins,toilets,wet and dry heat rooms, steam or vapor rooms and cabinets and alt other facilities in good repair and in a clean and sanitary condition. 9• �Yes � No Provide clean and sanitary towels, sheets and Ilnens for each pe�son. No common usage of sheets, towels and Iinens shall be permitted, 10. [�'Yes � No Cover pad used on massage tables in workmanlike manner wlth durable, washabie plast(c or other • waterproof materfal. 11. ��Yes � No Unlock all exterior doors from interior side during business hours. 12. [�Yes � No Any massage service to be carried on within any cubiGe,room,booth,or any area within a permitted estabiishment shall not be fitted with a door capable of being locked. �3• ❑Yes �No Provide the City a list of current licensed massage therapists working at this business. Comments: al'rc,.�u�c A t�si �r �t,t [�u�� e� l..i.�r�i�� 7'��Z.��ms+` �0 Tr{�.. ( .t�..� N� ��"��tc�-�:,•;�.� �-i�ti��.�r�i ��,.:c��.�.� -r� L�••u�,r A-� T'N:- rn�avt4�i • ��.��.�, ......... �--------------- --- '1 CITY OF PALM DESERT r-- �-. � 73-510 Fred Wa�ing Drive Palm Desert,CA 92260 760-346-0$11 ext 477 Massage Establishment Inspection �ase Number (1�, '��i �� , Date ��`��7 J�' tusiness Name �T�� SnA �usiness Address ��"�c�� w.� �1 ( Massage establishmen#s shall compiy with each of the following requirements: I, �Yes � No Business hours only between 7 a.rri;and 12 mid-night. '.. �Yes � No Posted lisk of services and the cost of such services in a conspicuous place on the premises. 3. ❑Yes � No Display of permit, and the pennit of each massagist in a conspicuous place on the premises. 4. [j Yes [�No Mal�tain a record with the patrons name, address, date a�d time of each massage, the name of the �� person administering such massage,and the type of massage given. >- �Yes ❑ No The premises shall have adequate equipment for dfsinfecting and ste�ilizing non-disposable instrurnents and materials used tn administering massages. >. �Yes � No All employees, including massagists, shall be clean and wear clean, nontransparent outer garments, covering their specified anatomical areas. '. ❑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. ;• ❑Yes �Np Maintenance of walts,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. a. �Yes ❑ No Pravide 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 pfastic or other waterproof material. 1. �Yes [] No Uniock atl exterior doors from interio�side during business hours. 2. �Yes (] No �Y massage service to be carrfed on within any cub(cle,room,booth,or any area within a permitted estabiishment shall not be fitted with a door capable of being locked. 3. �Yes [�No Provide the City a list of current licensed massage therapists working at this business. ' :omments: �'�[,e�v C.�NI�Gc�� i�-t�.�w?n� a.�S�t: � C��il-�., 5 �`55��rr , 5��+2.cr �oor" L�e�ares N�u,,� /1.e:c�.r��' jL�,Vu� l�tK�i 2�Fa��n- w�t� 7�r�.�t �^o f�fIC,�3 P�.eA7 C6LTf.11ADh ...._._. e,......�., e..e/vne�onfnaec nx�o r-�--r CITY OF PALM DESERT � r�-5�o Frea wen�a o�i�e Palm Desert,CA 92260 760-346-0617 ext 4T7 Massage Establishment inspection Case Number _�t�-��C,:G, Date �-1! -�C i Business Name �i Y 5(�q " BusinessAddress '"1 �j•-��j � 1.{�,,.� � �� Massage establishments shall comply with each of the following requirements: 1. �Yes � No Business hours only between T a.m.and 12 mid-night. Z• �Yes �] No Posted list of services and the cost of such services En a conspicuous place on the premises. 3• (�j Yes � No Display of permit,and the permit of each massagist in a conspicuous piace on the premises. 4• ❑Yes ��Nn Maintain a record with the patrons name, address, date and time of each massage, the name of the person administering such rnassage,and the type of massage given. 5• ,�Yes � No The premises shall have adequate equfpment for disinfecting and sterilizing non-disposabie fnstruments and materials used in administering massages. 6• �Yes [� No All empioyees, including massagists, shall be clean and wear clean, nontransparent outer garments, covering their specified anatomical areas. �• ❑Yes �No All massage therapists shall have in their possession a valid permit, valid identification at all Umes that he or she is performing or offerfng to perForm massage therapy services within the city. B• �(Y�s ❑ No Maintenance of walls, ceilings,floor,pools, showers, bathtubs, water basins,toilets,wet and dry heat rooms, steam or vapor rooms and cabinets and al) other facilities in good repafr and in a clean and sanitary conditipn. 9• �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 � Na Cover pad used on massage tabtes 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. 1z• �'Yes � Na Any massage service to be camed on within any cubicle,room,booth,or any area within a permitted estabi(shment shafl not be fitted with a door capable of being locked. 13. []Yes ,�(No Provide the Ciry a list of current Ifcensed massage therapists working at this business. Comments: .;��,,� -i';�n,� u►Ul..i. •�Ns� 7�{42.q�ts,— H��c" l�-'c-, C: rv-� � �a v,u 1,�L 1� i��,►�s ��umous�Farm Nn.qltaivnnr.cnmsaa omn ��--�-� CITY OF PALM DESERT � 73-510 Fred Wa�ing Drive Palm D�sert,CA 92260 760-34&-0611 ext 477 Massage Establishment inspection Case Number _ ("�� --'�; (Uc.{ , Date � -��C'� Business Name `�� 5 �� Business Address ��J 3"�S S r �`lv�.,4 � �' Massage establishrnents shall compfy with each of the following requirements: �• (�Yes ❑ No Business hours only between 7 a.m.and 12 mId-night. Z� [�Yes [] No Posted list of services and the cost of such services in a conspfcuous place on the premises. 3• ❑Yes �No Display of permit,and the permjt 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 suoh massage,and the type of massage given. 5• j�Yes � ►�o The premises shall have adequate equipment for disinfecting and sterilizing non-disposable � � instruments and materials used in administering massages. s• �YeS ❑ No Ali employees, including massagists, shall be clean and wear clean, nontransparent outer garments, covering their specifted anatomlcal areas, 7• ❑Yes (�No Afl massage therapists shall have in their possession a valid permit, valid fdentification at ail times that he or she is performing or offering to perform massage therapy services within the city. 8• �Yes � No Maintenance of walis, ceilings, floor,pools, showers,bathtubs,water basins,toilets,wet and dry heat rooms, steam or vapor rooms and cabinets and ail other facilities in good repair and in a clean and sanitary condition. 9• �Yes � No Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets, towels and linens shalf be permitted. 10. �J Yes � No Cover pad used on massage tables (n workmanlike manner with durable, washable plastic or other waterproof material. 11. �Yes � No Unlock ali exterior doors from interior side during business hours. �Z• (�Yes � No Any massage service to 6e carried on within any cubicle, room,booth,or any area within a permitted establishment shall not be fitted wittt a door capable of being locked. 13. �YeS �No Provide the Ciry a list af current licensed massage therapists working at this business. Comment3: �,u�j �ro�;D�. e��...1 A� C,t 5T" ��,= a�L L4'G en.�� f-I�,�l�L 1 �� C ^-�I �L A� ` 'Q^J ��I Q �� 1 SJ �3N S� i`V. SAf-EGUARD.��». c�,..,��,, o..�,,,,,,,..,....--- --- ,,.....�.�, CITY OF PALM DESERT � 73-510 Fred Waring Drive � Palm Desert,CA 92280 �so-sas-os��exc an Massage Establishment �nspection Case Number �`�f� Z 7 5� Date to g z�'� susiness Name �T�_ fj��Q � Business Address �'�-�54I Nv,a.��_ Massage establishments shall comply with•each of the following requirements: 1. �Yes � No Business hours onty between 7�.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. �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-dispasable instruments and materials used in administering massages, 6• �Yes � No All employees, Including massagists, shali be clean and wear cisan, nontransparent outer garments, covering their specified anatomicai areas. �• ❑Yes (� No All massage therapists shatl have in their possession a valid permit, valid identiflcation at all times that he or she is performing or offering to pertorm 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 facfifties in good repair and In a clean and sanitary conditfon. 9• �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 � No Cover pad used on massage tables in workmanlfke manner with durabfe, washable plastic or other waterproof material. 11. �Yes � No Unlock ai!exterior doors from interior side during business hours. �2• (�Yes ❑ No Any massage service to be carried on within any cubicie,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 cuRent licensed massage therapists working at this business. Comments: e,l+�"'n f-1N LLNL�� `�f�IG�a.+�P�'�'i �'�' �vo'+ �t•1,1�w� _ r'a v.Q L?d I�t'r i.�fT' . Si'SAffGUAQD,��K. Fntm Nn Ntt�NOACCDOOSM. amn �� CITY OF PALM QESERT 73-510 Fred Waring Drive Pafm Oesert,CA 82260 760-348-0611 ext 477 Massage Establishment Inspection Case Number � I ! �(„�� • Date �C' '-5 '�'`�( Business Name T`� SPa Business Address / j -�j-`[/ j�-l�� { i � ( Massage establishments shall comply witFi each of the foilowing requirements: 1. �Yes � No Business hours only between 7�.m. and 12 mid-night. 2. �Yes �] No Posted list of services and the cost of such services in a conspicuaus place on the premises. 3• ❑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 o#massage given. 5, �Yes � No The premises shall have adequate equfpment for disfnfecting and sterilizing non-disposable instruments and materials used in adminlstering massages. 6• �Yes [] No All emplayees, including massagists, shall be clean and wear clean, nontransparent outer gaRnents, covering their specified anatomical areas. 7• ❑Yes �No All massage theraplsts shall have in their passessfon a valid permit, valid identification at all times that he or she is performing or offering to perform massage therapy services within the city. $• �Yes [] No Maintenance of walis,cellings,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 � No Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets, towels and Iinens shali be permitted. 10. [�Yes � No Cover pad used on massage tables in workmanlike manner with durable, washable plasGc or other watetproof material. �'1� �Yes [] No Unlock all exterior doors from interior side during business hours. �2• �'Yes � No Any massage service to be carried on withln any cubicle,room, booth,ar any area within a permitted establishment shail no1 be fitted with a door capable ot'befng locked. 13. [�Yes [� No Provide the City a list of cuRent licensed massage therapists working at this business. Comments: C%:-�c r� (��vo'rNe�t. � �C,�i�C��n,sc:� T't-lL+�A i��ST� r}f �l"�r�(� $ L��cr►�-,�c••� i T `i-� �` ,�J f'l �'r r t-o� rz�l � '7 �ti� � �•e l�i-� J c�ti F.�...._...--