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HomeMy WebLinkAboutRes 2010-36 - MEP 08-46021 - AC Massage 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: May 27, 2010 ATTACHMENTS: Resolution Legal Notice Revocation Letter from Best Best & Krieger dated 21 December 2009 Summary of Police Activity dated 21 December 2009 Proceedings re Appeal of Revocation Letter from Best Best & Krieger dated 23 April 2010 Letter from attorney John Jimenez dated 29 December 2009 Report and Recommendation from Hearing Officer dated 5 May 2010 Recommendation Waive further reading and adopt Resolution No.2oio-36 approving the findings and recommendation of the Hearing Officer 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. Hearinq Officer Recommendation On April 28, 2010 an appeal by the applicant for revocation of the Massage Establishment Permit was heard and reviewed by a Hearing Officer. On May 5, 2010, the Hearing Officer recommended that the Massage Establishment Permit for AC Massage be permanently revoked. Staff Report Appeal of Revocation of Massage Establishment Permit May 27, 2010 Page 2 of 3 Executive Summary Approval of staff's recommendation to uphold the Hearing Officer's decision would revoke the Massage Establishment Permit for AC Massage for noncompliance with the Palm Desert Municipal Code. 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. 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. On December 19, 2009 the City Manager and Permit Administrator revoked the Massage Establishment Permit for AC Massage. The applicant appealed the decision to the City Council. At the February 11, 2010 City Council meeting, the Council directed that the appeal be referred to a Hearing Officer. On February 17, 2010 a public hearing in front of the Planning Commission on the revocation of the Conditional Use Permit issued to AC Massage was also referred to the Hearing Officer. On April 28, 2010 the appeal of the Massage Establishment Permit and Conditional Use Permit (CUP) were heard and reviewed by the Hearing Officer. The CUP will go before the Planning Commission for consideration at its next meeting. If the Planning Commission revokes the CUP, the applicant has the opportunity to appeal the decision to the City Council. The Hearing Officer found that the conduct performed is of sufficient importance to warrant the revocation of both the Massage Establishment Permit and the Conditional Use Permit for AC Massage. Approval of the Hearing Officer recommendation will uphold the revocation of the Massage Establishment Permit; the recommendation on the Conditional Use Permit will be forwarded to the Planning Commission. Attached is a copy of the report with findings prepared by the Hearing Officer. G:�Pl:mning\Kevin Sw;ar[z\Word\AC M:�ssage\CC report appe�il Muy 27?010 final.doc Staff Report Appeal of Revocation of Massage Establishment Permit May 27, 2010 Page 3 of 3 Conclusion Every decision of the City Manager and Permit Administrator can be appealed to the City Council for ultimate jurisdiction. The appeal was made by the applicant after revocation of their Massage Establishment Permit. At the February 11, 2010 City Council meeting, the Council referred the appeal to a Hearing Officer. On May 5, 2010, the Hearing Officer recommended that the Massage Establishment Permit be revoked. Staff recommends that the City Council uphold the Hearing Officer's decision, 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. Submitted By: Department Head: J� Kevin Swartz Lauri Aylaian Assistant Planner Director Community Development Paul S. Gibson, Finance Director CI't'YCOUNCILA�TTON APPROVED DENIED RECEIVED OTHER Appr val� MEET G DA �a � d � ^ _ AYES: NOEs: �� J, n . Wohlmuth, City Manager ABSEN'1�: '� ABSTAIN: � VERIFIED BYs � ' Original on File with City 's Oftice G:�Plunning\Kevin Swartz\Word\AC MassageACC report appeal May 27 2010 final.doc RESOLUTION 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 N0.2010-36 5. In December 2009, members of the Palm Desert Potice 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, Catifornia, 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 27t" day of May, 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 CI � Y D � � R � � �� � � � � � � 73-5�o NKeu�Y'��iai�vc Uki��r I Pa�n�llt:srk�r,Cni.iHukNiA q2z6o--z57f� �'tu 760 346—o6i� ' Fnx:76o 34i-7o98 � in�<�('palm-d.�ci�-org CITY OF PALM DESERT LEGAL NOTICE Massage Establishment Permit 08-46021 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council 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. � ��^- VISTA 80NfTA 3� � j n GtOR/ANA DR v O ' 2 p Q �i � A � ,„__..._....._.........-'____._..._._, ._'.__.__,_..w._._..._....._.,_.._._.FREDWARINODR,..,....•�.•.�•••.=._•FREDWAft/NGOR•.._.......�_..,........_, � r C ti i y �.swal. . �. SONORA OR � _ _ _ � O�' s, SJERRA Y/STA `Q`/ — _ _ P � k r TAMWYCO DR E . _ __ _ S �} � RANCHO GRANaE � , �> —HAHN RO b I r . . ..T �—.,.._-4 _....-...-; I..__ "" .'---•- _..-._. �/ �Active Layar Clty Paroela �- �.. ���� . � �`""'�"'"'-"°"�����' '"�� ""�""` - _ __ �� __ �._. _.. �.:._._s_..a�__ ����'31A1E` _�`,�� SAID public hearing will be held on Thursday, May 27, 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 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 City Council at, or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk May 16, 2010 Palm Desert City Council BEST BEST & KRIEGER� A'i'I'ORNEYS ATI.AW IHYINE SACRAMENTO �949}263-2600 74-760 Highway 111,Suite 200 i918)325-4000 Indian Wells,California 9221 d 3AN DIEGO LOS ANGELES (7f,U)568-2811 (213)617-8100 (760)340-6698 F8X (619)525-130Q OIYTARIO BBKI8W.001T1 WALNUT CREEK (909)989-8584 {925)977-3300 flIVERSIDE (951)886-1450 Stacey P. ShBkhoub (760)568-2611 Stacey.Shalhoub�bbklaw.com File No, 72500.00762 December 21, 2009 BY CERTIFIED MA1L RET'URN RECEIPT 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 1'alm 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. Findin�s and Basis for Revocation. On December 19, 2009, an officer was solicited for illicit sexual acts by a massage therapist at AC Massage. The employee was arrested 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 illegal or disorderly manner, by virtue of the arrest,in violation of P.D.M.C. §5.87.180(B)(4}. Process for Written Appeal. Yau may appeal this revocation by filing a written appeal with the City Clerk witfiin ten (10} days of this Notice. Thereafter, the City Council wil� set a time a place for a gublic hearing for,your appeal or may refer the matter to a hearing officer. If the City Council chooses, it may decide the matter based upan the recommendations and findings of the hearing officer. The decision of the City Council is final. BEST BEST & KRI�GER ATTO![NEYS AT LAW Mr. Andrews December 21,2049 Page 2 Enclosed herewith for your further reference are the applicable P.D.M.C. Sections included in Chapter 5.87. Sincere3y Stacey P. Shalhoub for BEST BEST& KRIEGER LLP City Attorneys for the CITY OF PALM DESERT sps Enclosure cc: John Woirnuth Paul Gibson Rob Bishop David J. Erwin, Esq. RMLITISS HALHOU81312580.1 PALM DESERT POLICE DEPARTMENT Served by the Riverside Counry 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 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. • 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 assisied 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 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(File#T093440074). • December 2009 —Members of the Palm Desert Police Special Enfarcement Team conducted an undercover operation at AC Massage. During the operation the undercover officer was solicited far illicit sexual acts and an arrest was made for prostitution(File#T093530037). 1 :� A�`� BEST BEST & KRIEGER� iRVWE A'ITORNEYS A"I'LAW (949)263 2600 74-760 Highway 111, Suite 200 (9 6)325E4000 Indian Wells,California 92210 — LOS ANGELES (213)617 8100 (760)568-2611 SAN DIE�O — (760)340-6698 Fax (619)525 1300 ONTARIO BBKfaw.com WALNUT CREEK (909)989 8584 (925)977 3300 HIVERSIDE (951)686-1450 Robert W.Hargreaves (760)837-1604 Robert.Hargreaves�bbklaw.com ������T� File No. 72500.00762 � April 23, 2010 �`�'� � � `"'J '0'�1ML'NITY DEVELUPbfENT DEPAftTAfENT VIA FACS[MILE AND UPS OVERNIGHT(213�4H9-47O0 CITY OF PAL'�DE�ERT Joseph T. Vodnoy, Esq. Law Offices of Joseph T. Vodnoy 316 West Second Street, Suite 1200 Los Angeles, CA 90012 Re: Proceedings re Appeal of Revocation of Permit (AC Massage� _ `. Dear Mr. Vodnoy: ^ Ms. Shalhoub is currently out of the office. It is not clear from our records whether you were provided a copy of her letter to Mr. Patterson, dated April 16, 2010, or the accompanying exhibits labeled 1 through 10, which are all enclosed. With respect to the tape recording that you have requested, please note that it was made by, and is currently in possession of, the Riverside County Sherriff Department. A copy has not been made available to city staff or the city attorney, and it was not relied upon in the city's handling of this matter. I understand that it is being held as evidence for the criminal prosecution and will be handled consistent with that intended use. ____----- -- �i �� � , __ � _ - _- - e. �of BEST ST& KR EGER LLP Enclosures � � cc: Lauri Aylaian David J. Erwin RMPUBIRHARGRF.r1VIiS\3 I�408.I �k':..,%! i :lt:.sk.f� 1 � �l�i �aw O��iCes o� John Jimenez 2�09 QEC 30 AM 9= 0�� JOHN JIMEN�Z and J�SSICA �ALK Attorneys at I�aw 77-564A Country C'lub Drive, ,,5uite ?3f� Palm Desert, C'ali�ornia 92211 760-345-4777 NetTimenezC�ve��izon.net 1-760-40fi-932f�(�ax) 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 re , � � o jim e A orney a Law cc: L. Andrews .� 05/10/2010 07:52 7605� �44 PATTERSON SI���aI PAGE 02/09 RE�ORT AND RECO�Il�NDATION Off HEARIPiC� OFFICER May 5, 2010 STATEI�N'1' OF THE CA3�: This is an appeal by Mx. Lawr�nce Andr�w�, owner of AC Mass�ge (located at 72-655 Fred Waring Dr. , Suite C�6) from the Cfty' s decision to revoke his Conditi.or�al Use Pezmit (CUP 08-433) and hi� Ma�sage Establishment Qe�mit (Permit No. 08-46021) . The City Counci7, and the Planning Commission referred the matte,r to th�.s hearing offic�r to conduct an evidenti,ary heax�ng and repo�t back with findings and xecom.mendations . PRQCEDVRAL issv�s: � . I was supplied with a liat of names of individuals ].Qcated within I00 yards of the premises and z gave wr:lttez� notice ta each of them noti�y�,ng tkaern of this hearing. The parties sr.�.puJ.ated tha� such notic� was properly sent in accordance with �h� law. 2 . Priox to the heaxing each party provid�d me with documents th.ey wished to be considered with copies ta the otk�ex side. zz� additian, �he I was given three cd discs (2 audio and one w�.th pictures of th� premises) from �he �ti.vexs�.de Coun�y Sheriff' s Offic�. I reviewed a17. the dvcumen�s includinq the � discs. A list o,f al.l that material is attached to this re�ort and �.dentified as Exhibit A. 3. �'re eviden�iary h�aring was held at �0:30 am on April 28, 20J.0 at Palm Desert City Hall. The hearing la�ted appxoximately onE hour. FACTS BRESENTED TO T8E SEARINa OFFICER: A. A CUP was granted to Mr. Andrews on December 16, 2008; A Massage �stablishment Perrnit was subsEqu�ntly qranted to Mr. Andrews. These were sub��ct to the s�andard �u�.�s and conditxons per the City Ordinance. f 05/19/2010 07:52 760568i,��4 PATTERSON SIN1�L,� PAGE .03/09 B. �n accordance with those pErmits the bus�.zaess of AC Massage open�d at that address in �ppraxzmateJ.y February 2009. C. Witk��.r� the first 10 montk�s the business was �nspected by City code enforcement o���.cials on a monthly basis. On two occas�.ons the business was cit�d for GOCI� vj o�.aCions and those violations were xemedi�d quickly and completely. Those v�.olations inc7.uded noti having ar� ex�erior sign, not posting a list of services, not post�ng the hours of operation, z�ot �aking tk�e addrass of each of �he customers, hava,nq a lock on one of the interior doors and '�v�ral others. D. On Decembaz' 19, 20Q9, h�tving been ,�z�£oxmed by "anonymous informants" t�at AC Mnssag� was invo7.ved in prostitution, the Rivexs:lde County Sh�riff� s De�axtment conducted a "sting" oQexation. An undercovex o:Eficer (Deputy Bazanos) wer�t in �or a massage and subznitted a report that stated, among other things, the �ollowing: That the massage t�aerapis�, Ling Ping Kong, in the course of givi,r�g a massage touched him repeatedly axound the groin area and eventua�ly, �t his request, d�.xectly on hi� penis. �ing Ping Kong was arrested b�r the undercover team and, aftez being informed of �ex xights �hrough a Chinese interpratex, was jailed and charc�ed w�th proatitution. E. AC Massag� was closed and the C�.ty sent Mr. Andrews � letter notifying h�.m tk�at k��.s CUP and Massage Lic�nse were revaked. ���ective Dec�mber 19, 2009 the business was closed and it has rernaine�d cldsed since. Ta� �cAz zsst�s: Init,ially there was some d����.culty obtaining copies of the threc cd disc9 of the "st�,nq" operation. Th� Appellant' s attorney requested tha�C th�se discs be provided to him by the City. The City Attorney' s off�.ce dj.d not hav� pos�ession of �he tapes and could not xespond to the request in a timeJ.y manner. Those discs beca�ne available two days befoxe tk�e hearing when they wexe xeceived from the Distx�.ct A��orney' s office bX John J�.minez, Zing Ping Kong� s defens� attorney, and c�zculated among the parties and the Hearing Officer. The Citv' s Po4ifi� nn � The Massage �stablishment Permit ahould be permanently revoked because AC Massage violated several pxovisions of the Palzn Desert Municipal Code (k�exeinafter "PDMC") . `Those specific code sectioz�s are as fallows: k�DMC 5. 90. 150 (C) - unlawful for a massage th�rapist to engage �.n certa�.ra specifi�d sexua7. acts; PDMC 5 . 87. 100 and 5. 90 . 150 (A) - u�lawful for a massage therapist to touch c�rtain s�ecified ana�omical areas of. a Client. T� � ;x. 05/10/2010 07:52 76056 �J744 PATTERSON SIN ONI PAGE 04/09 The City contends that the Conditzonal Use P�rmit shou�.d be xevoked because one of the cond�.t�.ons of the CUP is that AC Massage obta�.n a Massage Estab��.shment P�rmit. The axqument is that when the Mdssage �stablishrnent Permit has been r�voked then the condition of the CUP has b��n vio],ated and it must be revoked a].so. flp�e_llant, Mr. �,ndrews' Po�i�; �ri � Mr. Andxews argued thst a].l evidenc� shQu�d be exclud�d a�s a sanction for th� City' s failure to provide access to tk�e audio tapea. If the evidence waa excluded then the conclusion that these v�.o�ations occurred is not proved. Even if th� evid��,ce was allowed there wexe many irregulariti.es in the investigat�.on and arrest that make the evidence questionable. Such �.rregularities included: The arres�ing officer wez�t in�o th� establishment �Zvlding a beer and was impropex].y drinking on the job; the officer and Ling Ping Kong did not communicate vn t}�e con�ract of prostitutian because of th� language d�.�.ftculties (Ling Ping Kong s�eaks Chinese and very lizn:Lted English) ; the officer was not �resen� at the hearing fox Mr. Andrews' attorney tv cxoss examine about his report and decldr�tion; there wexe several oth�r logicsl contradict�.a�:s in the cd discs that could be int�rpreted to indicate thexe was no offex� o:E prostitution and no inappro�xiate touching of the v�ficer. �zNnzrrGs os �ACT: I �£i.�d as Follows: 1. AC Massage was in substantial compliance with the City Ordinance from the t�.zne it began operation until the arrest of Ling Ping Kong on 4ecemb�r 19, 2009. I do not find tk�at the citations i.ssued by th� City in May and Octobex -- and �,mznediately corrected by AC Massage - consti�ute sufficiant grounds for the xevocation of the M�JSdCJe License and t�.e Conditiona]. Use P�rmit. 2. Based on the evidenc� submitted I cannvt �ind sufficient �actis to concludQ that AC Massage was operating as a house of prostitution. 3. I do find, however, that during th� massage adzninistered to Deputy Bazanos by J.,ing Ping Kong on Decembex 19, 2009 that there was an unlawful touching v� peputy Bazanos' genital axea and engaging in �pecif�,ed sexual activity in vioJ.ation of City Code s�ctions refexxed to above. 2t was wz�hin th� �bility o� Mr. Andrews to provid� evidence that auch activity and such touching did not occur bl,�t n.o such evidence was presented. with the exce�tion of a gene�aJ. denial that anything inappropriate had h�ppened which was made by �ing Ping Kong �� th� police interview � Q5/10/2010 07:52 7605680�� PATTERSON SIND�r� PAGE �5/09 im.med�.ately fol�.owing the arrest - thE t�stimony of Depu�y Bazar�os is uncontradicted. 4 . I find that the es��nce of �his conduct i� of suFficient importance to warrant the revocation of the Massaqe L�.cense and Conditional Use Permit. RECOD�NDAT�ON TO T� CITY COUNCTL AND PLANNTNG COI�I35ION: 2t �.s the recoznmendation o�' the Hearing Otficer 'that the Massage License and Conditional Use F�rnnit be perrnaneantly revoked. RESPECTFULLX SUB ITTED, JEFFERX S. R. PATTERSON HEARZNG OFFICER 05/l0/2010 07:52 760� �744 PATTERSON SItv�ONI PAGE 08/09 30. A copy of Larry Andrewv' Community Patrol Vo�untecr identificatiQn card. 31. A copy of the Certificate of Recognition from the Community Polica Academy, dated �ecember 11, 1998 awarded to Larry Andrews . 32• A copy of the Certi.fi.cate of Ap�reciatiort from the City of Los Angeles datcd January 24, 2004 awarded to Lasry�lndrews. 33. A co,py of tho Commcndation from the City of Los AngeIes to T,arry Andrews,dated May 18, 2001. 34. A copy of the Co�tificatc of Appreciation from t}ie City of Los Amgeles to Lany Andrews, dated June 3, 2005. 35. A capy of the Certificate of Appreciation from the City of Los Angeles to Larry Andxews, da.ted Febniary 24, 2007. 36. A copy o�'the Certxficate of Congratulatfons from thc City of Los Angeles to Larry Andrews, dated May 18, 2007. 37. A copy of the Certificate of Congratulations from tl�e Ci.ty o�i,os qngeles to Larry Andrews, datcd May 21, 2004. 3�• A copy of the Incident Report dated 1V�arch 1 l,2p09(3 pa�►,es). 39. � copy of th�Certificate of Ciosure(2 actual certificates)issued by the City of Palm Desert, dated January 31,2010. 40. �1 copy of tb�e Conditional Use Permit Appl�cation submitted by Lawrence M. A,ndrews dated Novcmb�r 3, 2008. 41. A copy of the City of Palm Desert Department o.f Conmmunity bevalopment S',[',A,F� REPORT dated February 1], 2010. 42. A copy�f the City Council Resolution No. 2010-9, dated Febru�ry X 1, 2010. 43. A,copy of the Palm Deso�t Police Department SiJMMA,RY OF ACTIViTY report datcd Decem6�r 21, 2009, submitted by Lieutenant,A�ndrew Shouse. 44. A copy of the Applicataon to�ppeal dated pccember 2I,2009. 4S. A copy of the Trea,�urer's Reecipt dated Decez�aber 30,2009. 46. A copy of the letter from Jahun Jiminez, Esq, tv t�e City of Palm Desert, datcd December 29, Z009. �, 05/10/2010 07: 52 760568fsE�� 4 PATTERSON SINDur� PAGE -09/09 47• A cupy of the City of. Palm besert Department of Community Development STAF'F RFPORT dated February 1 b, 2010. 48. A copy of the Palm bcsert Poiice Dcpartment SUMMARY OF AC'�'�VITy report dated February 11, 2010, submitted by Lieut�nant Andrew Shouse. 4�• A copy of the tetter from Joseph.T. Vodnoy, Esq, to Lauri Aylaian, Secretary to the Cxty of Palm Desezt Planning Cor�umission, dated February 9, 2010. S0. A copy of the letter from t.he City of Palm Desert(Lauri Aylaian)to Joseph 7. Vod�oy, Esq.,dated February l 0, 2010. S 1• t1 copy of the replacement City Council .Resolution No. 20 i 0-9, dated Februaty �1, 2010. 52• A,copy af the fa�from Joseph T. Vodnoy,Esq.to the City of Palm Dese�t(Ms, Klassen), datcd Februar.y 8, 20I0. 53. A copy of the AECLARATI4N OF LAURi AXX.AIAN dated March 31,2U1 Q. 54. �1 copy of th�DECLARr�T�ON OF DEPU'�"Y 1VICHOLAS$AZANQS, dated March. 1],2010. 55. A letter from Joseph T. Vodnoy, Esq. to David Erwi.n, Eaq., Stacey Sha�oub, Esq., and Heazing Officer Jcffery S. R. Patte�rson, dated April 26, 2010. 56. 2 audxa CDs and 1 plaoto CD in the Lin�Ping Ko�g's criminal case, 57. A copy of the transcript frorn the hearing hetd o�a Apri128, 20�0, 05/10/2010 07:52 7605��44 PATTERSON SI������ I PAGE 0b/09 Documents And Exhibits reviewed and considercd by Hearing Of�icer,��'�Ry S.R, P�►7"�'EItSON, in the matt�r of TA� CITy OF PA�LM DESE�tT V.AC 1V�ASSAGE 1• The item marked "Exhibit A", which is a copy of the City of Falm D�sert No�ice of Violativn dated l�eccmber 19, ,2009. 2. Thc item marked "Exhibit b", wh�ch is a cotorp�cture(8 '/�x l I)of a Bud Light can o;F b�Er. 3• The ite�nn marked(e�globo) '�Exk�ibit C", w,hich are copies of the City o�Palm Desert- Massagc Establ�sh,nr�ent Inspection (6 inspecti.vz�s), dated May 7, 2009,June 9,2009, .iuly 17, 2�09,August S,2009, October 22, 2009 and Uecember �6, 2009. 4• The item maxked"Exhibit D", which is a copy of the letter fz�om attorney Staccy P. Shalhoub,da.ted becembet�21,2009. 5. A copy of thc letter from Hcaring Ot�ice�Jeffcry S. R. Patterson to Joseph T. Vodnoy, Esq., Stacey Shalhoub,Esq., John J�minez,Esq, dated Apnil 7, 2010. 6. The lctter from Joseph T. Vodnoy, Esq. to Hearing Qff�cer Jeffery S.R. Patterson, dated Apr�l 19, 2010. 7• �n e-mail fxom Stacey Shalhoub, Esq. to Hearing O�ficer Jcffery�. R.Patterson, dated April 1, ZO1.0. �• An e-mail from Stacey Shalhoub, Esq. to Hearix�g Officer Jeffery S. R. Patterso�n, datcd April 5, 201 Q. 9• 'Z'hc lctter from.ivscph T. Vodnoy, Esq, to David Erwin, Esq., Stacey Shalhoub,Esq. and Hearing O�cer Jeffery S. R. Pattersan, Esq. dated April 14, 20�0. 10. A copy o.f tk�e Ietter from Stacey Shalhaub, .Esq. to Joseph T. Vodnoy, Esq. dated April I5, 201�. 11• I'wo letters from Stacey Shalhoub, Esq. to Hearing Offrcer Jeffery S. R. Patterson, both dated Apri1 16, 2010. 12. A copy of the letter from John Jimincz, Esc�. ta Sta.cey Shaihoub, Fsq., Joseph T. Vodnoy, Esq., and Hearing Officcr Jef�'ery S. R. Pattersoz��dated A,pri120, 2010. 13. The �etter to Josep,h Vodnoy, Esq. from Nearing Officer Jef�'ezy 5. R. Patterson, dated Apri120, 2010. �4. A copy of the letter from Jvseph T. Vodnoy, Esq.,to Hearing Offce�r Jeffery S. R. ! 05/10/2010 07:52 760568�+�'�4 PATTERSON SINDU I PAGE ' 07/09 , � P�tterson,bavid Erwin and Staccy Shalhoub, Esq., dated Apri126, 2010. l 5. A copy of thc fax from Hearing pfficer Jeffery S. R. Patterson to Joseph T. Vodmoy, Esq., and Stacey Shalhoub, Esq. dated Apri127,201�. 16. .A,copy of Joscph T. Vodnoy's BRIEF IN OPPOSITION OF DENi,�,Z,Q►�AppE,AI, dated April 23, 201 U. l 7• A copy of David J. �rwin's$RIE�'IN gUppp�t'�'��'bENTAL OF AP.pE,A,L OF AC MASSAGF datcd April 1 S, 2010. 18. �copy qF the City of Palm Desert Massage Establishment Applicativn complcted by Lawrence M, Andrews,dated F�bruary 4, 2009. 19. A copy of th�City of Palm Descrt Request for Release of Employment Information, dated February 4, 2009. 2�• A copy of the Request �or L�ve Scan Service, dated January 23,20pg. 21• A copy of the passport o#'.Lawz�ence Michael Andrews. 22. A notar�zed copy of a statement prepared by Jutl�th Haven,Agent for Mesa Office Cez�tex, dated January 30, 2009. 23• ,A,copy of the Planning Commissian Mceting Notic�of�lction,dated December 17,2009 togcthcr with a copy ofthe Planning Commission Resolution No. 2493. 24. A copy of thc Standazd Industrial/Coamxnercial Multi-Tenant Lease-Net A�ir Commercial Reai.$state Association. ZS• Copics of the letters(en glvbo)submitted to the City of Palm Desert{fv.r use�s a charactcr refErences) from Carlos Marin,Eloise CravvFord,Jose Vasquez, George Yu,and Henry Leong. 26. A copy vf the Business License A,pplication submitted by T.avvx�nce 1Vi, �lndrews,dated Februa.ry 4, 2009. 27• ,A copy of the Certifcate of Us� submitted by Z,awrcncc M. Mdrews, dated January 31, 2009 and signed Fcbruary 4, 2009. 28• A copy of the Gertificate of Com,pletioa dated November 3, 2406 awarded to Larry Andrews. 29. A copy of the U.S, pepartment of Justice certificate of completioz�af the FBI Citi�ens' Academy awarded to Larry And�cews.