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Home My WebLink AboutMassage Est Permit #08-46021 - Lawrence Andrews Resolution No. 2010-9 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 AC Massage. Subject property is located at 72-855 Fred Waring Drive Suite C-16. SUBMITTED BY: Kevin Swartz Assistant Planner APPILANT: Lawrence Andrews 82-746 Mt. Riley Drive Indio, CA 92203 CASE NO: Massage Establishment Permit 08-46021 DATE: February 11, 2010 ATTACHMENTS: Resolution Legal Notice Revocation Letter from Best Best & Krieger dated 21, December 2009 Summary of Police Activity dated 21, December 2009 Application to Appeal Letter from attorney John Jimenez dated 29, December 2009 Recommendation Waive further reading and adopt Resolution No.2ol0-9 upholding the City Manager's and Permit Administrator's decisions to revoke an existing Massage Establishment Permit for AC Massage. Revocation is for noncompliance with Section 5.87.180(B)(4) of the Palm Desert Municipal Code, by operating in an illegal or disorderly manner, by virtue of an arrest. Discussion On December 16, 2008, the Planning Commission approved Resolution No. 2423, which allowed AC Massage to operate within an existing office suite. As a part of the City's ongoing monitoring of massage establishments, the Police and Code Enforcement Departments routinely performed inspections at this location, along with undercover operations. From March 2009 to December 2009 the Palm Desert Police Department received anonymous reports from parties indicating that employees of AC Massage were soliciting sex. In May 2009 the Palm Desert Police Special Enforcement Team received second hand information regarding suspicious activity at AC Massage. One of the businesses near AC Massage reported that there were an unusual number of male patrons visiting the location at late hours in the evening. In May 2009 a routine compliance check performed by Code Enforcement revealed that AC Staff Report Appeal of Revocation of Massage Estabiishment Permit February 11, 2010 Page 2 of 2 Massage was in violation of several municipal codes by not having the business name displayed on the exterior of the business, and by not having their hours of operation posted. In December 2009, members of the Palm Desert Special Enforcement Team received information from a citizen regarding suspicious activity at AC Massage. The citizen 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. As a follow up to the citizen complaint 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. Attached is a summary of the activity that was provided by the Palm Desert Police Department dated December 21, 2009. The massage establishment fails to comply with all of the provisions of the municipal code, as required by Palm Desert Municipal Code section 5.87.180(A) and section 5.87.180(B)(4). The forgoing constitutes grounds for revocation of the Massage Establishment Permit for AC Massage Therapy, as the business has repeatedly failed to comply with all applicable laws. 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 AC Massage, for noncompliance with the Palm Desert Municipal Code due to recent arrest of an employee at the establishment for soliciting prostitution and due to miscellaneous code violations cited above. Fiscal Analvsis: The fiscal impact to the City associated with revocation of the massage establishment permit is negligible. b ao a� Submitted By: Department H � � p � s� •�+ �ln' � r� �a � Kevin Swartz Lauri Aylaian ; � b � Assistant Planner Director Community Development � ° � � CITY COUNCIL A�, _�ON b � � � APPROVED DENIED " �' YED OTHER o w � � �i Paul S. Gibson, Finance Dir r ; � y � `^ MEET G DA ' � • � � � � � AYES �7�� o �, Appro a . NOES: � � ; �' �' ° � ABSENT: '��- a o�, ,-�'� ABST IN: �,� � a �, � � ,� w 'o � Jo . Wohlmuth, City Man�RIFIED BY: * �, o •n� G:�PI� mg\Kevin Sw;utz\Word\AC Massage\appeal busin�i�inal on File wit6 City �$Q��Qe t CITY COUNCIL RESOLUTION NO. 2010_9 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 AC MASSAGE LOCATED AT72-855 FRED WARING DRIVE, SUITE C-16. MASSAGE ESTABLISHMENT PERMIT 08-46021 WHEREAS,the Business License Department of the City of Palm Desert, CA did on February 12, 2009 approve a massage establishment permit for Lawrence Andrews located at 72-855 Fred Waring Drive, Suite C-16; WHEREAS, on February 11, 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, 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. May 2009, the Palm Desert Police Special Enforcement Team received second hand 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. May 2009, a compliance check with Code Enforcement revealed that AC Massage was in violation of several municipal codes by not having the business name displayed on the exterior of the business and by not having their hours of operation posted. 3. 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 to their daily sign-in log. Code Enforcement noted the violation, but did not issue a citation. 4. 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. 5. 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. CITY COUNCIL RESOLUTION NO. 2010-9 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 11 th day of February, 2010, by the following vote to wit: � AYES: NOES: ABSENT: ABSTAIN: Cindy Finerty, Mayor ATTEST: Rachelle Klassen, City Clerk City of Palm Desert, California APPROVED AS TO FORM: David J. Erwin, City Attorney RMPUB\RHARGREAVES\307980.1 CITY OF PRL (11 � ESER � '. 73—Sio 1'ken Vi�:�Ki��,Ukie�r �i Pni,�i UE�ear.C.ai iruarvin qzz6o—z57A ��, re�:760 ;46—o6u rnx:76o 34�-7oq8 �� d:�t�patm-J��r.,.µ . CITY OF PALM DESERT LEGAL NOTICE PERMIT NO.08-46021 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Paim Desert City Council for consideration of an appeal of a decision by the City Manager and Permit Administrator revoking a Massage Establishment Permit for AC Massage. Subject property is located at 72-855 Fred Waring Drive,Suite C-16. � ��y ' VIS7A BONITA � Q a GLOR/AN/1 OR { � o "__ 3 Z � 2 Q p tn 2 p t �y A y � . .. . . .. .. .. .. .. ... ._ .... GR[D WARING DR�•_'__"�..•.Z..-FREDWARINGOR.......... .._..� � C ¢ W O { A 3 2 P � SONORA OR F � PP: ? i SIERRAVI57A pP�'� 4 ! TAHMYCO DR ti .___.._.-._._ 9 � _r�� e � � RANCHO 6RANDE � NAHN RD AdlveLa - ._. � ...._ ��-__ ' '__. ...._.__ .-�.. e7 .. yec CltyParoel+ � _��_ __.. O��Jnft ,J SAID public hearing will be held on Thursday, February 11, 2010 at 4:00 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 ail items covered by this pubiic 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 City Councii at,or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN,City Clerk January 30,2010 Palm Desert City Council BEST BEST & KRIEGER� A'i'TORNEYS ATLAW gp,CRAMENTo IR1/INE �gqg��_pgpp 74-760 Highwey 111,Suite 200 (918)325-4000 — Indian Wells,Califomia 92210 ��o LOS ANGELES (760)588-2811 (619)525-1�0 �2}3�sn-e,00 ��so)saassss Fax — ONTARIO BBKIBW.COfi1 WALNU7 CREEK {y25�977-3300 (909)989-8564 FIVERSIDE �g5i)ses-ia50 Stacey P. Shalhoub �7so�5sa-2s�1 Stacey.ShalhoubObbklaw.com File No, 72500.00762 December 21, 2009 BY CERTIFIED MAIL RETURN RECEtPT REQUESTED Lawrence M. Andrews 13107 Equestrian Lane Whittier, CA 90601 Re: NOTICE OF REVOCATION OF MASSAGE ESTABLISHMENT PERMIT FOR AC MASSAGE; PERMIT NO.: 08-46021 Dear Mr. Andrews: On behalf of the palrn Desert City Manager and the Permit Administrator, please be advised that effective immediately,the Massage Establishment Permit for AC Massage is hereby revoked for noncompliance with the Palm Desert Municipal Code ("the Code" or "P.D.M.C."), due to the recent arrest of an employee at the establishment for soliciting prostitution. Pindings and Basis for Revacation. On December 19, 2009, an officer was solicited for illicit sexual acts by a massage therapist at AC Massage. The employee was anested for prostitution. The foregoing is grounds for revocation of the Massage Establishment Permit for AC Massage as the premises for which the establishment permit was issued was being operated in an illegat or disorderly manner, by virtue of the arrest, in violation af P.D.M.C. §5.87.180(B)(4). Process for Written Appeal. You may appeal this revocation by filing a written appeal with the City Clerk within ten {I 0) days of this Notice. Thereafter, the City Council will set a time a place for a public hearing for your apgeal or may refer the matter to a heazing 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 tinal. BEST BEST & KRIEGER ATTORPIEYS AT l.AW Mr. Andrews December 21,20Q9 Page 2 Enclosed herewith for your further reference are the applicable P.D.M.C. Sections included in Chapter 5.87. Sincerely Stacey P. Shalhoub for BEST BEST&KRIEGER LLP City Attorneys for the CITY OF PALM DESERT sps Enclosure cc: John Woimuth Paul Gibson Rob Bishop David J. Erwin, Esq. RMLITISSHALHOUBl312580.1 PALM DESERT POLICE DEPARTMENT Sei^ved by the Riverside County Sheriffs Department - Stanley Sniff, Sheriff- Coroner TO: John Wohlmuth, City Manager DATE: December 21, 2009 Lauri Aylaian, Director of Community Development FROM: Lieutenant Andrew Shouse SUBJECT: AC Massage—Summary of Activity SUMMARY OF ACTIVITY The following is a summary of reports of alleged prostitution activity occurring at AC Massage since March 2009: • March 2009 — The City of Palm Desert issued AC Massage a Massage Establishment Permit. • May 2009 — The Palm Desert Police Special Enfarcement Team received second hand 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. • May 2009 — A compliance check with Code Enforcement revealed that AC Massage was in violation of several municipal codes by not having the business name displayed on the exterior of the business and by not having their hours of operation posted. • 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 to their daily sign-in log. Code Enforcement noted the violation, but did not issue a citation. • December 2009 — Members of the Palm Desert Special Enfarcement 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 (File#T093440074). • 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(File#T093530037). 1 � � CITY OF PALM DESERT, CALIFORNIA ��'.�- ��': .�"�, �� APPLICATION TO APPEAL � y _, � � �� ''�:;�� DECISION OF THE �jf - (Name of Uetermining Body) --- Case No. U�/{' �Q- �(��Z � Date of Decision: 2 �-! d Name of Appellant � � �S,Er„� Phone 7�D ��'8 �? 3 �f� Address _ Description of Application or Matter Considered: Reason for�pea! (attach additiona!sheets if nec ssary): , ,.�-- � . () - �/�i/ --- ►.v 4'—(.� '�_�P— � I��..i .. ',,� .'.;.T i.� Q n '� � __ _I V ..,:_J � 0 —-- �_� o (Signature of Appeilant) ) N FOR OFFICIAL USE ONLY Date Appeal Filed: /a - 3D • o g Fee Received: �v2-/6 � � Treasurer's Recei t No. ^ P ��0� Received by: /�na� Date of Consideration by City Council or City Official: Action Taken: . Date: Rachelle D. Klassen, City Clerk � COPY TO ��'��G� � �ti�� .� ��.,�.'se^.'.'iPh3ia��;VPDOC3�F!iRblSlapGl toappeal wpC DATE � � - ��' . �?%:. ..:. .. ,?� �L . � � �:J�17\/ O� �D��LIIJII �"�.'�� F � ".�8 � / 1".�� '-�-"�. � 73-510 FRED WARI o �. , A �,. NG DRIVE, PALNi DESERT, CA 92260 DATE ��'30 " �✓� TR�ASURER�S �E�EIP�T AMOUN��/� ' � RECEIVED FROM: CGl�U/�t�l�IGr� �/��L �� v ' . FOR: � ��/�� y�o • �� + Q /j'I/ • Project Number: FUND DEPT DIV ELEM/OBJ � �D� O ; � RECEIVED FOR THE CITY TREASURER � c , n � d � � BY: GL� �- � � FINANCE DEPARTMENT USE ONLY � Uper: CR ChecMs 533A2 �e�e 12l3A/89 AB Recpt nos 6733 � �218.@� � � � , � ' _.; � � � � � i CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE • r�� .�.'_! t iJL' JK.'vi�� t+/+'� ._ �aw ��iCe5 0� Jolin Jimenez 2 0 0 9 D F C 3 0 A M 9� 0 1 J O H N J I M E N E Z a�d J E S S I C A F A L K Attorneys at I�aw 77-564A Country Club Drive, ,5uite 23f� Palm Desert, C'ali�ornia 92211 760-345-4777 NetTirnenez�verizon.net 1-760-406-9326(fax) December 29, 2009 City of Palm Desert/City Clerk 73-510 Fred Waring Drive Palm Desert, California 92260 Re: NOTICE OF APPEAL, AC Massage Permit No. 08-46021 Dear City Clerk: Please allow this letter to serve as NOTICE that Lawrence M. Andrews APPEALS the revocation of Massage Establishment Permit No. 08-46021 for AC Massage. This Notice is timely filed after a Notice of Revocation was mailed on December 21, 2009,to the appellant, by Stacy Shalhoub of Best,Best &Kreiger, City Attorneys for the City of Palm Desert. The grounds for this appeal are that on December 19,2009,NO officer was solicited for illicit sexual acts by a massage therapist at AC Massage. Further,that massage therapist was unlawfully arrested for prostitution,in that the arrest was without probable cause or a warrant,and was carried out in violation of Penal Code§836. The appellant respectfully requests that the Massage Establishment Permit be immediately reinstated and/or reissued. You may contact this office with the date and time for the hearing of this appeal. - Si r , . � o jim e A orney a Law cc: L. Andrews