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HomeMy WebLinkAbout03 Appeal of Invalid Busn License, 17542 Irvine Blvd.AGENDA REPORT MEETlr G DATE: JUINE 12, 2012 ITEM 3 TO: PLANNING CONS - NllSSlON FROM: COMMUNITY DEVELOPMENT DEPA R T iiANIE T SUBJECT: APPEAL OF INVALID BUSINESS LICENSE FOR OC MEDICAL SPA, 175!42 IRVINE BLVD., SUITE 9\[MEDELLL H7T KIM THU T�II NGUYEN 17542 IRVINE BLVD., STE. TUSTIN, CA 92780 ROBERT ELLIS 17542 IRVINE BLVD., STE. B TUSTIN, Cn 92780 LO CA 7 lZO)M� 175!12 lRVINE BLVD., STE. A GF E c�L9C 5T,, APPEAL OF INVALID BUSINESS LICEI�ISE ENVIRONMENTALo THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES. IT CAN BE SEEN WITH CER T INTY THAT THERE IS NO POSSIBILITY THAT THE ACTT` FF\," IN QUESTION MAY HAVE A SIGNIFICANT EFFECT ON .THE ENVIRONMENT; THEREFORE IT IS NOT SUBJECT TO CE A. RECOMMENDATION: Adopt Resolution Flo. 4196 denying the appeal and upholding the declslon of the Community Development Director datsrr a ning the business Ilcense Issued to the OC Medical Spa to be invalid. AUTHORITY: Pursuant to Tust�r City Code Becton 2512g, any person may appeal any declslon of 1ha- Director (�ji4lh respect to a business license) In accordance with TuaJn City Code Section 9294, PC Report June 92, 2092 Appeal of Invalid Business License Page 2 ACK0 FIC-RoU]\I]D/7DoSCLU 011-5I3�]o The Tustin City Code requires any person who transacts or carries on any business to first procure a business license. In addition, certain specified businesses, including massage establishments, are required to obtain special business permits. Prior to commencing operation of a massage establishment, the owner and operator desiring to operate the message establishment must apply for and obtain a massage establishment permit. As defined by Tustin City Code Section 3662, an owner is the person who owns the massage establishment whereas the operator is the individual who actively manages the massage establishment. An operator may also be an owner, but only if the owner activoly manages and is regularly present at the massage establishment more hours per week than any other individual who participates in management of the establishment. On July 27, 2011, and August 12, 2011, the City of Tusdn received massage establishment permit applications (Attachment A) from Ms. Kim Thu Thi Nguyen as owner and Dr. Loo Oliva as operator of a massage establishment to be located at 17542 Irvine [Blvd., Ste. A. In September of 2011, the City of Tustin issued the massage establishment permit (Attachment D) to Ms. Nguyen as owner and Dr. Oliva as operator of CC Medical Spa. In conjunction with the massage establishment permit, the City of Tustin also issued a business license (Attachment C) to CC Medical Spa, which was described in the business license application (Attachment D) as a massage, chiropractic, and skin care business. One of the conditions of approval of the massage establishment permit for CC Medical Spa requires a chiropractor or medical professional to be on the promises during business hours because the property at 175 -2 Irvine [Blvd. is zoned Professional, and massage is only allowed in conjunction with a permitted use such as a chiropractor's office. Massage establishments that are not accessory to a medical use are only permitted in the City's Retail Commercial (CI), Central Commercial (C2), and Commercial General (CG) Zoning Districts. Pursuant to Tustin City Code Section 3739, massage establishment permits shall be valid from the date of approval by the City until January 39 of the following calendar year, and shall be renewed annually on or before January 39. The massage establishment permit for OC Medical Spa expired on January 39, 2092, and was not renewed. In response to information received regarding alleged unlawful activity, the Tustin police Department conducted an undercover investigation of OC Medical Spa on May 3, 2092, and made an arrest for prostitution (Attachment E). At the time of the investigation, a chiropractor named Dr. Javad 'Najib was present at the facility, but he had not seen any clients and none were scheduled that day. Dr. Oliva, the operator /manager of the business, was not present at the time of the investigation. PC Report June 12, 2012 Appeal of lnval'od Business License Page 3 Because the information provided in the original business license application did not contain an accurate description of the nature of the business being conducted and because the 'business being conducted was unlawful, the Community Development Director deemed the business license invalid on May 10, 2012, and notified Ms. Nguyen that this decision was appealable to the Planning Commission (Attachment F). After the business license was deemed invalid, OC Medical Spa continued to operate. Therefore, on Allay 17, 2012, a Notice of Violation /Pre- Citation Notice (Attachment G) was issued to Ms. Nguyen for operating without a business license. On May 13, 2012, Ms. Nguyen submitted an appeal of the Director's decision (Attachment In the letter dated May 16, 2012, iMs. Nguyen indicates that any inappropriate or unlawlful activity took place without her knowledge and express instructions, and that she has a zero tolerance policy on illegal activity. It is important to note that California Business and Professions Code Section 4612(c) (Attachment l) and Tustin City Code Section 3669 hold the owner and operator of a massage establishment responsible for the conduct of all employees and independent contractors working on the premises of the business, whether or not the owner or operator is aware of the conduct. Should the Commission reverse the Director's decision and deem the business license to be valid, OC Medical Spa could only operate as a chiropractic business, because the massage establishment permit expired, and massage therapists and practitioners would not be able to provide massages until a new massage establishment permit is obtained. It should be noted that pursuant to Tustin City Code Section 3712(3)(c) a massage establishment permit application may be denied F the applicant has violated a provision of Business and Professions Code Sections 4600 through 4613 (Attachment J), which has occurred) in this case. Should the Commission uphold the Director's decision and deem the business license to be invalid, OC Medical Spa would be able to request a new business license to operate as a chiropractic office without massage therapists. In addition, Dr. Oliva could conduct business as a chiropractor using his existing business license, but would be unable to have massage therapists and/or practitioners on staff without first obtaining a massage establishment permit. ENVIRONMENTAL ANALYSIS This appeal is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This section provides that a project is exempt from environmental review where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This appeal has no possibility for significant effect on the environment; therefore, it is not subject to CEQA. PC Report June 12, 2012 Appeal of Invalid Business License Page 4 Scott Reekstin Elizabeth A. Binsack Senior planner Director of Community Development Attachments: A. Massage Establishment Permit Applications B. 2011 Massage Establishment Permit C. CC Medical Spa Business License D. CC Medical Spa Business License Application E. Tustin Police Report F. Letter dated May 10, 2012 G. Notice of Violation /Pre - Citation Notice H. Appeal dated May 18, 2012 I. California [Business and Professions Code Section 4612 J. California Business and Professions Code Sections 4000 e 4613 K. Letter dated May 21, 2012 L. Resolution No. 4108 S: \Cdd \PCREPORT \Business License Appeal OC Medical Spa.doc ATTACHMENT A MASSAGE ESTABLISHMENT PERMIT APPLICATIONS CITY OF TUSTIN BUSINESS PERMIT APPLICATION For an application to be accepted, all supplemental information required by Ordinance No. 1252 for purposes of clarification of the acti%ity must be included with this application and the application fee. PLEASE PRINT OR TYPE Name of Applicant Name of Business (if applicable) 1--�L Business Address Name of Business Operator Applicant's Driver's License Number Applicant's Residence Address Residence Owner Name Business Telephone Title Applicant's Home Telephone Please describe fully the business 'or event to be conducted (attach additional information if necessary): i � A .6S,3 Hours of Operation (Hours) 16]_Arr, (Days) -- — — — — — — — — — -- — — — ------ — — — ---- —---—-- Have you ever been convicted of a felony? Yes No If yes, fill in the information below: If you are the business owner, has any operator or employee of the business ever been convicted of a felony? ❑ Yes J4 No If yes, rill in the information below: Name Address Date rName Address of of Place of Where i B 0:—L- rth Birth When I rth Convicted Convicted I e -------------------------------------------- I declare under penalty of perjury the information entered on this form is true and correct to the best of my knowledge and belief. As a condition for the issuance of the permit applied for, I agree to submit any additional information required and to conduct all phases of this business in conformance with applicable laws, ordinances, and regulations established for such business. Date Signature (Return to the City of Tustin Business License Desk, 300 Centennial W, , Tu CA 92780 tin, n, FOR OFFICE USE ONLY Date Received Permit Type -"tt, I f Amount C,7 -1 How Pa4t-,k J, initials CITY OF TUSTIN MASSAGE ESTABLISHMENT PERMIT SUPPLEMENTAL APPLICATION PLEASE CHECK APPLICABLE BOX OR BOXES ❑ CHECK HERE IF RENEWAL fq MASSAGE ESTABLISHMENT PERMIT - OWNER F-1 MASSAGE ESTABLISHMENT PERMIT - OPERATOR Please complete this application and submit it with the required fees and documentation to the community Development Department. If you are using an interpreter to complete this application, please provide the name and telephone number of the interpreter. Name Telephone Number PART 1: IDENTIFYING INFORMATION Last Name First I 3� Middle ') 'Ak -qe—n List All Names (include Aliases, Nicknames, and/or Maiden Names) t-Y Home Address City Stati Zip Phone (Residence and Cell) Date gj Qjrth Place of Birth (City, State, and Country) U.S. Citizen 1 1\jc--�rn 0 Yes No Sex Height Weigh� Hair Eyes ':�' I 0 C1 Male [3 Female t-ct - Driver' License No. State Social Security No. Other Licenses Held �- A I I PART 2: NAME OF MASSAGE ESTABLISHMENT dame of Massage Establishment to be Owned and/or Operated., Business Nape Owner's Nam J -77 Business Address 225v,� A State ZIP Business Phone 14 I.Cill 1,1A PART 3: PRIOR ADDRESSES List in chronological order every address at which youhave resided in the past eight (8) years. From Address To city $tats 111�cl ZIP From Address To city r, State ZIP City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129 1 Massage Establishment Permit Supplemental Application PART 4: EmpLoYmEwHisroRYI! In Vwth your most recent job and list your history In chronological order. Include In sequence all Previous 0 me erlods of unemployment Please Include all o within the eight EBegin past (8) years Immediate am, Name of Company , 0 1 Job Title in data of application. Supervisor's Name �2 TZ;a -Ei -T f I From Employer's Address < VA To ZIP t 'A Phone — Name of Company Jab Title Supervisor's Name F rom Employees Address—, T TO State ZIP Employees Phone Name of Company jL Job Title 1 11) ;1 I Supervisor's Name I -' From Employer's Address TO N city State ZIP ^ 0 — Employer's Phone Name of Company Job n) Title Supervisor's Name_ From Employer's Address '� Cc 4- 1-c) rt T. To Cit� — State ZIP F T"" Employer's ti ( Name of Company Job Title I supervisor's Name — -- From Employees Address TO City ------------- ate ZIP Employees Phone — City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129 2 Part -time Massage Establishment Permit Supplemental Application Name of Company Job Title Supervisor's Name From Employer's Address To City State ZIP Employer's Phone Name of Company Job Title Supervisor's Name 7- From Employer's Address To City State ZIP Employer's Phone PARTS: MASSAGE SCHOOLS ATTENDED (IFAPPLICABLED Name of School • Specialty of Study School Address-, i city State Zip School Phone Hours Completed Dates (From - To) 1 �C1 Graduation Date it I i'2 I(' Name of School Specialty of Study School Address City State Zip School Phone Hours Completed Dates (From - To) Graduation Date Name of School Specialty of Study School Address City State Zip School Phone Hours Completed Dates (From - To) Graduation Date Additional Training or Experience (Use Back if N City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129 3 174785.1 Massage Establishment Permit Supplemental Application ago m,'2*vc1duvn3, memoersnlps, or otner Professional Endorsements (Use Back if Necessary). PART 8: PERMIT HISTORY List all licenses /permits to do business in California or 71 !have applied for /previously held no licenses or permits In any state to elsewhere that you have previously held OR applied for: conduct any type of business. City: State License/Permit Type License/Permit No. Issued Date issued: Has this license ever been Reason: ❑ Revoked ❑ Suspended Revoked Date or Dates of Suspension Issuing Agency: From: To: Date of Application: . �"l , City: State License/Permit Type License/Permit No. Issued Date issued: Has this license ever been Reason: ❑ Revoked [] Suspended Revoked Date or Dates of Suspension Issuing Agency: From: To: Date of Application: PARF 71"-' CRIMINALRECORD List all criminal convictions, including pleas of polo contendere, including those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations. Massage establishment applicants must include this information for the last five 5 ears. CHECK HERE IF NONE O Original Arrest Charge (Crime} Date of Vlalation Arrestin 9 - , i1;2 c 1 ;.- Cq ��?, g Agency At Reason 614; c� t Original Arrest Charge (Crime) DateJof Vi lation Arresting Agency PART 8. BUSINESS INFORMATION Bus noes Corporation General Partnership Umited Indlvldual Partnership Other Organization: For Sole You, the Applicant, Name of Business as Proprietorships Must eto ehe submit this Appears on Fictitious Only A lication. Name Statement: k City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129 A Massage Establishment Permit Supplemental Application Name of Corporation (as shown in Articles of Incorporation): State of incorporation Date of Incorporation of Business as Appears on Fictitious Name Statement FOR CORPORATIONS include the foiowing information for each FOR PARTNERSHIPS include the following information for Officer and Director, and for each person who has a financial Interest In the each partner, Including limited partners. corporation amounting to more than live (5 %) of the authorized and Issued shares. Last Name First Name Middle Name Alias or Maiden Name Responsible Managing Officer (Only One per Business) ❑ Officer ❑ Director Stockholder Residence Address City State ZIP Phone Last Name First Name Middle Name Alias or Maiden N%:ne Responsible Managing Officer (Only One per Business) ❑ Officer ❑ Director Stockholder Residence Address City State ZIP Phone Last Name First Name Middle Name Alias or Maiden Name Responsible Managing Officer (Only One per Business) ❑ Officer ❑ Director Stockholder Residence Address City State ZIP Phone City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129 5 174785.1 Massage Establishment Permit Supplemental Application Lease Agreement Name and address of owner and lessor of the real property where the business is to be conducted. if applicant is not the legal owner, submit a copy of the lease and a signed acknowledgment from the owner that a massage establishment will be located on his/her property,__ Name , Address - - p, City State Zip Phone State the full, true names and residence addresses of all persons employed, or intended to be employed, as technicians or employees Full Name Position Addre ss CityG w rt 7 State k!- ZIP rzt:!%" Addrem City ) State ZIP Full Name PosiUM ` i _ '�J-it i Ae ? 1 N%.?lCr 7GtCi -mot' t� -. t.�„ t� Full Name f Position t Address City State _ ZIP oy- Address C ity State ZIP Full Name) ' Position f Addre ciry State 4 ZIP Full Namd Position A Full Name Position City State ZIP Address City Full Name Position State ZIP Full Name Position Address City State ZIP Other Businesses Operated Does the Applicant operate any other business on the same premises, within the City of Tustin, or the State of California? ❑ Yes ❑ No If yes, for each business, provide the following information Use Back if Necessary). Name of Business Type of Business City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129 6 Massage Establishment Permit Supplemental Application 'ART 9: CERTIFICA I hereby certify, under the penalty of perjury, that the information given is true and correct. I understand that providing false information or withholding information, including any criminal record, is grounds for denial or revocation of my permit, and may subject me to criminal prosecution. I do hereby authorize the City of Tustin, its agents and employees, to seek verification of the information contained on this application. I understand that I may not conduct the activity applied for until a business license and a massage establishment permit have been granted. I further understand that a copy of the City ordinances regulating massage is available to me in the City Clerk's office. If during the term of a permit, a permit holder has any change of information submitted on the original or renewal application, the permit holder shall notify the City in writing of such change within ten (10) business days thereafter. 174785.1 (big, na re) LI (Date) Please provide the following with your application. All documents must be originals and must be written in English. City staff will return originals to the applicant. 1. All applicable fees. 2. Evidence of a complete set of fingerprints taken at a live scan facility. 3. Two (2) recent front -faced portrait photographs at lease two inches (20) by two inches (2 ") in size. 4. Driver's license or photograph identification (issued by governmental agency). 5. Social Security Card. 6. Alien Registration Card (if Applicable). 7. Copy of lease and signed acknowledgement from property owner that massage establishment will be located on property. 8. The certificate of limited partnership filed with the Secretary of State, if applicable. 9. A copy of each massage therapist's or massage practitioner's MTO certification and a color passport-size photograph of the certificate holder. City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129 7 TOM DALY Recorders in 'Official Records, Orange County ` LLcRK- RECORDER iom Oat Clerk- Recorder 20126276194 23.00 12 CIVIC CENTER PLAZA, ROOM 106 08/11/2011 15:39:00 POST OFFICE BOX 238 192 OR03 F01 23.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SANTA ANA, CA 92702 -0238 FICTITIOUS BUSINESS NAME STATEMENT THE FOLLOWING PERSONS) IS (ARE) DOING BUSINESS AS: t� 1. IFIctitious Business Name(s) oc medical spa , 1 A I I x I New Statement Refile - list previous No. 2 �•�-- ­y a die ui rnncipai piace or Business (Do not use P.O. box or P.M,B.) 17542 Irvine blvd b # a tustin, ca 92780 ORANGE Full name of Registered Owner (if Corporation, enter corporation name) 3. i im thu thj nguyen use a P.O. Box or 17542 Irvine blvd (CHECK ONE ONLY) This business is conducted by: 4. an individual [7 a general partnership a limited partnership a corporation tustin ness Phone No.71 a- 838-8633 t n Change If Corporation t LLC State of incorporation or organization ca 92780 t a. f s� a trust a state or local registered domestic partnership an unincorporated association other than a partnership a um¢ea uaoutry Partnership 11 co- partners I a husk d Have you started doing business yet? F] Yes Insert Date: 5. Q No an and wife" a joint venture "Limited Liability Co Notice This Fictitious Business Name Statement expires rive years from the date it was feted to the Office of a c County Clerk Recorder. The statement expires 40 days after any ctpnge in the facts is made other than a change in the residences address of the registered owner. A new Fictitious Business Name Statement must be filed before either expiration. When ceasing to transacttwsiness under an active Fictitious Business Name Statement, Abandonment shall be filed. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under federal, state or common law (see section 14411 et seq., Business and Professions Code). If the registered owner is NOT a corporation, sign below: (See Instructions on the reverse side of this form) Signature: kinn thu thi nguyen (Type or Print Name) I declare that all information in this statement is true and correct. (A Registered owner who declares as true information which he or she knows to be false is guilty of a crime.) These fees apply at time of filing: Filing fee $23.00 for one business name. $7.00 for each additional business name $7.00 for each additional partner after first two It the registered owner is: a corporation, an officer of the corporation signs below, any type of partnership, the general partner signs below. a limited liability company, a manager or an officer signs below. Limited Liability CompanytCorporafion1Partnership Name Signature and Title of Officer /Manager or General Partner I declare that all information in this statement is true and correct. (A Registered owner who declares as true information which he or she knows to be false is guilty of a crime.) Title of Officer /Manager or General Partner S�„rc CF CALFOR NIA —_� rig A0,,6 ";EFARTMENi OF ili,3D:;c REQUEST FOR LIVE SCAN SERVICE Appficant Submission ORI (co(je assFGnea cycOS) ut onze a /Applicant f YFe -^ ype Or License/Certification/Permit c ing it e Maxim-,m 30 U=aracters - -f assigned by DOJ -se exact t:te assigned Agency Authorized to Receive Criminal Record Information n N�a Street Address or P.O. Box C-Iq- tats ZIP Code Other Name (AKA or lias) as t a e Pf Birth'/ Sex f-I Mate (emale ,- L, V- 1 �Y eig t Wef tfi Eye - - air o or Place of Birth (State or Country) Sao o Ale cun RPM e r Home Address Stree dress or . Box Your Number: OCA Number (Agency Identifying Number) If re- submission, list original ATI number: g 2'780 ail Coe 1 ve igit code assione y Z57} 0-01-e.6 q e. , Contact Name (mandatory for all school submissions) ontact Fele0hone NUM015T Fir ame Middle lbi flat gu-fflx- First Suffix 6 e um e Billing Number (Agency Bit ing umber) Misc. Number (Other I lent0jr arrn Number) J12 3 city ZIP Code Level of Service: �DCIJ F� FBI ( Must provide proof of rejection) unginal A I I Number Employer (Additional response for agencies specified by statute): Employer Na me treet ress or H.U, box city State ZIP Code Live Scan Transaction Completed By: Name of "M860) 716-1934 • R .. , Transmitting Agency LStD Mail Code (five digit cu de assigned By uuj c-pnvne ivuinoer (optional) it /t Dat ATI Number Amount CoitectPrvR ii. ORIGINAL - Live Scan Operator SECOND COPY - Applicant THIRD COPY (if needed) - Requesting Agency �.,LIFQ�►.NI.r�,��,� r DOVE Eta ' EXPIR SeeSS 9Y „`SIC SS;C SKI Tlk THI'NGUYEN 30 42 FIRST ST UNIT 213- i SANTA ANA CA 92703 SEX:F HAIR:BRN f HT:5 -04 WT: 110 04/09/2009 611 19 F0 /14 RENTAL AGREE',"O ENT ["h's i,-,reer-nent entered into this 10 day of August 201 I by and het if cry I�Obcrt K. Ellis, D.D-S- K1111 ChU 111 N1UVCn hereinLttel C�_Ijle d lessor and lessee. M-17NESSETH: that for and in consideration Of the payment rents and the performance of the covenants contained On the part or lessee, said lessor does hereby demise and let Unto the lessee, and lessee hire's fi-orn lessor 6017 use as a business those premised described as commercial at 175-42 Irvine me Blvd Ste F Tustin Ca 92780 (1930 square feet) located a tenancy from 08/1012011 to 0811012014 plus 3 years by two option after the lease expire, the rent increasing from 5% yearly, commencing on the 5 day of a monthly rental of I Dollars per months (included Triple net it called flat rent), payable monthly in advance on 5 day of each and every month. It is Cu . r-ther mutually agreed between the parties as follows: 1. Said premises shall be occupied by Chiropractic Acupuncture Therapy, Massa1ge ". Lessee shall not subject the demised premises or day part thereot-, or Sl(-In this agreement without the lessor's written consent. 3. Any failure to pay rent or other charges promptly when due or to comply with any other business or condition hereof, shall all the option of the lesser and after lawful unlike given forthwith terminate this property. 4. Lessee have an insurance liability pay up to 1,000-000-00 per occupied. I'he lessee that pays for all telephone, utilities, cable said premises. . In MTHNESS WHEREOF the parties hereto have executed this agreement In duplicate the day and year first above written Robert K. Eliis, D.D.SLessor Kim Thu Thi Nt L yet +T Lessee Date: .... ►rte! •• ►rr i x M� �. a n Mw • z IIF CL N U�? cl- o t " a F;A�,Y":+.'� 4+;.d.`I %1►� .i46Y U ",u�" ,::.^'V �*� �'k�'��%9Q . M0k9®Ok`�: :uT"�'d. "9hj • n .... ►rte! •• ►rr i x M� �. a n Mw • z IIF West Pacific Institute of Body Therapy 1050 E. Yorba Linda Blvd. 4204A PLACENTIA CA, 92870 State Certificate 4301 1 75 1 TRANSCRIPT Name: Kim Thu Fhi Nguyen Addresss:INNNNMM City: Westminster CA. 92683 Subject: MASSAGE THERAPIST PROGRAM Certificate: 11121 ON CATAGORY Grade Anatomy/Kinesiology S Statues/Theory/ Hygiene S Btsiness/Ethics S Pat& ologi S Massat% Technician , S Basic SAdislit"and Circulatory Massage Advince4 Mass Ai '!,I S Q Z. Hours 85 15 10 40 4, 8W' 80 Ll V n-, arm M1, Vements; Techniques rpressuTe points Deep tissu'e' th'erapeutft techniques, S 80 Sports, Therapy As*sessment �iTech4iques S Ito TOTAL HOURS: 500 Start Daite:-14-20-16, Finish Date 11-12:,.16 1 Date:: ITiSTRUCT means satisfactory(sat ct ini i I r a 7nO/,, or 14 OrY mean ini'' a 70% or better score) ng means unsatisfactory - " -3� : When diis,reNrd bean an origiiW' seal and signatUre, it i in good standing unless otherwise""indicatecL & an official transcript. Studeni 'Lill ,^="xu"un k"mm till /cu/ouS [.xp,cy - Please View [omu | pxge | of From CADOJ - PLEASE DO NOT REPLY OR SEND MAIL TO THIS ADDRESS <cadoj@doj,ca.gov> � Sent Friday, August 2O.2O115�3Qam To a00711@smso,00/ om,gnv Subject APP: CALIFORNIA -NGUYEN KIM 'CAQUJ(2O11081128O112_O&5O2341 ) STATE 0FCALIFORNIA DEPARTMENT OFJUSTICE Bureau of Criminal Information and Analysis P0. Box 903417 GuoamenVo, CA 84203'4170 DATE: 08/25/2011 CAPDTUSON 300 CENTENNIAL WAY TUST|NCAQ2G8U RE: DOJ INFORMATION FURNISHED PURSUANT TOAN FINGERPRINT SUBMISSION APPLICANT ~This information is for OFFICIAL USE ONLY ^ Unauthorized use isa criminal offense. Based upon =." records contained m the Bureau ufCriminal .Information and Analysis response contains all information meeting dissemination criteria pursuant (oCalifornia law. This transaction has not been recorded byD[U Bureau od Criminal Information and Analysis; therefore, no subsequent arrest information will boprovided. APP OR/: CA0302200 APP NAME: KIM THUTH|NGUYEN APP TYPE: MASSAGEPARLOR/ESTA8 APP TITLE: BUSINESS LICENSE APP SERVICE REQUESTED: CA/ OCA: SID: DOB: SGN: CDL AO: 8223NGK169 u*/c DATE SUBMITTED: 08/11/2011 SCN#: PC2E2230004 APP ADDRESS: WESTMINSTER CA 92683 Egg ARR/DET/C[TE: I0010822 CAPDANAHByN NAM.,NOUYEN.K3K8 ()1 010165537 gENCHWARRANT 647(8) PC-DISORDERLY CONDUCT: PROSTITUTION COURT: 20011220CASCFULLERTON 01:AN01NK009926 6470] PC-DISORDERLY CONDUCT: PROSTITUTION D|SPO:CONV|CTEO'PROBAT|ON CONV STATUS: M/SOEMEANOR SEN:OU3 YEARS PROBATION, FINE �ttpo:,' �sccmoiidoi.ca.,,ovfrome.hun|?& sec urity=fa/se&/unQ=cn&pupupLov6=unJc6ncJ&chaoot=esraocd un— 9v|2/70|l Sun.Ja'a System Communications Express - Please View Frame I 20101221 DISPO:CONV SET ASIDE & DISM PER 1203.4 PC DATE ,PARR /DET /CITE: 20070102 CAPDCOSTA MESA `JAM:NGUYEN,KIM THU THI 01:218610C M- 1237494 647(B) PC- DISORDERLY CON DUCT: PROSTITUTION COURT: 20070522 CASCNEWPORT BEACH 0 L 07 H M00991 647(6) PC- DISORDERLY CONDUCT: PROSTITUTION DISPO:DISMISSED /FOJ /MOTION OF PEOPLE * END OF MESSAGE * * * If the applicant wishes to obtain a copy of his /her criminal history record, he /she should either contact the Department of Justice Record Review Office at (916) 227 -3835 or access the required forms at www.ag.ca.gov /fingerprints /security.php . Electronic Response Code: 00711 E -mail Address: A00711 @SMSS.DOJ.CA.GOV DEPARTMENT OF JUSTICE - FOR YOUR INFORMATION Custodian of Records Reminder - Applicant agencies have until July 1, 2011 to designate at least one Custodian of Records (COR) for their agency. The requirements include submitting fingerprints and the COR application to DOJ. Criminal justice agency personnel who have undergone a state and federal criminal record check are exempt. Please refer to the Attorney General's website or contact the COR Unit at COR @doj.ca.gov for more information. Pa�e 2 of 2 https:/l secmai1.doj.ca.govi Crain e. him P& security = false &lang= en &popup Level= till de III ned &charset = escaped un... ()/1312011 _ _...... _... -» "..,, -- tom,—I- - , , v ICr .I_I21111C t From CADOJ - PLEASE DO NOT REPLY OR SEND MAIL TO THIS ADDRESS <cadoj @doj.ca.gov> Sent Friday, August 12, 2011 8:50 am To a00711 @smss.doj.ca.gov Subject APP: CALIFORNIA - NGUYEN, KIM - CADOJ ( 20110811200112_06:373336.) STATE OF CALIFORNIA DEPARTMENT OF JUSTICE Bureau of Criminal Information and Analysis P O. Box 903417 Sacramento, CA 94203 -4170 DATE: 08/12/2011 CAPDTUSTIN 300 CENTENNIAL WAY TUSTIN CA 92680 ******** * *CA DELAY NOTIFICATION * * * * * * * * ** RE: This is to notify you of a delay in completing the following applicant transaction. APP ORI: CA0302200 APP NAME: KIM THU THI NGUYEN APP TYPE: MASSAGE PARLOR /ESTAB APP TITLE: BUSINESS LICENSE APP SERVICE REQUESTED: CA/ OCA: SID: A023023599 DOB: SSN: CDL: ATI: B223NGK169 OATI: DATE SUBMITTED: 08111/2011 SCN #: PC2E2230004 APP ADDRESS: 8952 CHANNING AVENUE WESTMINSTER CA 92683 Delays in processing are caused by many factors beyond the control of the Department of Justice (DOJ). However, most processing delays are resolved and a completed response is provided within 30 business days. If there is no further response within this time frame, please contact the Department of Justice, Applicant Processing Program at AppAgencyOuestions @doj.ca.gov. Electronic Response Code: 00711 E -mail Address: A00711 @SMSS.DOJ.CA.GOV DEPARTMENT OF JUSTICE - FOR YOUR INFORMATION Custodian of Records Reminder - Applicant agencies have until July 1, 2011 to designate at least one Custodian of Records (COR) for their agency. The requirements include submitting fingerprints and the CDR application to DOJ. Criminal justice agency personnel who have undergone a state and federal criminal record check are exempt. Please refer to the Attorney General's website or contact the COR Unit at COR @doj.ca.gov for more information. Pale 1 of I https:// secmai1.doj.ca.gov,'frame.htm1 ?& security= false &fang= en &popupLeveI= undefined &charset= escaped_un... 8/15/2011 CITY OF TUSTIN BUSINESS PERMIT APPLICATION For an application to be accepted, all supplemental information required by Ordinance No. 1252 for purposes of clarification of the activity must be included with this application and the application fee. PLEASE PRINT OR TYPE Business „ Name of Applicant Telephone Narne of Business (if applicable) Business Address 7 �r'� �' njc � r'l «'[ `ff 7-6 Tt,V CIL- Name of Business Operator = C `L -1 U Title F l- f ( f?, >� ' %� + -� -t Applicant's ome Applicant's Driver's License Number Telephone Applicant's Residence Address Residence Owner Name j, ,/ Please describe fully the business or event to be conducted (attach additional information if necessary): Hours of Operation (Hours) f 0 ff /fI -- -A 1 �� (Days) 'G'r'✓' ; — 4 ��' ��li. }ter -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - " -- - - Have you ever been convicted of a felony? — — — — ! ! ❑ Yes No If yes, fill in the information below: I If you are the business owner, has any operator or employee of the business ever been ! convicted of a felony ?. 1 ❑ Yes ( t�-'`'No If yes, fill in the information below: Date ! ! Name Address of Place of Where :he nBirth Hirth Convicted Conted ! --------- - - - - -- I declare under penalty of perjury the information entered on this form is true and correct to the best of my knowledge and belief. As a condition for the issuance of the permit applied for, 1 agree to submit any additional information required and to conduct all phases of this business in conformance with applicable laws, ordinances, and requ Cations established for such bu4ir,ess. Date - / Signature IRetur to the tty o Tustin Business License Desk, 300 Centennial Way, Tustin, CA 92780 FOR OFFICE USE ONLY i Date Received ' l' -I tl ; Permit Type s { Amount How Paid Initials �t I =4 1AAS1J5HhfENT CITY OF TUSTIN MASSAGE ESTABLISHMENT PERMIT SUPPLEMENTAL APPLICATION PLEASE CHECK APPLICABLE BOX OR BOXES F-1 CHECK HERE IF RENEWAL F-1 WSAGE ESTABLISHMENT PERMIT - OWNER I:aMASSAGE ESTABLISHMENT PERMIT - OPERATOR Please complete this application and submit it with the required fees and documentation to the community Development Department. If you are using an interpreter to complete this application, please provide the name and telephone number of the interpreter. Name A, Telephone Number PART 1: IDENTIFYING INFORMATION Name of Message Establishment to be owned and/or operated. Business Name [Owner's Name Business Address 17X Iq 7' city State to Zip _7 t _S r z! Busine, 2T u-, -t-j� 2,70. PART 3: PRIOR ADDRESSES in chronolo ical Order eve Orif4r�.- -6 which -youhayst resided in the Past eight (81 vp=ra Address oy - 12rl 6, t V c ical order ev' Address y 110 P State ZIP Address - L�t 7, C City State '- , L)c, city ZIP �4cd - / I I t, / * LCD I City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129 1 Massage Establishment Permit Supplemental Application From Address o i../ �4-z--1 city f-:14,1 elyrE7- State To city State ZIP From Address ame of Company Job Title From,,, Address city 77 RR I lat 8�, �,�7 112 To From Address LTO State Z -�-�-T From Address To city State city 7 2ART4: EMPLOYMENT HISTORY Begin with your most recent job and list you ri work history In chronological order. include In sequence all previous employment Name of Company Job Title j From Employer's Address- Supervisor's Name o i../ �4-z--1 city f-:14,1 elyrE7- State zip Employer's Phone ame of Company Job Title rorr From ployer's Address TO city 7 State ZIP Employer'S Phoqe tc Name of Company ` 7 From Eml To city to Job Title ZIP Employer4 Phone Supervisor't Name ` Name of Company From Emp TO city Pobr Title Address 1 state -7 —zip tmPloyer's Phone Supervisorts Name Phone City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129 a usage Establishment Permit Supplemental Application iv- �T I"F WJ-4�44 FaX (714) 573-3129 Massage Establishment Permit Supplemental Application Name of Company Job Title Supervisor's Name From Employer's Address To city State ZIP Employer's Phone Name of Company Job Title Supervisor's Name From Employer's Address To city I State ZIP Employer's Phone PART S: MASSAGE SCHOOL(S) ATTENDED (IF APPLICABLE) Name of School Specialty of Study School Address City State Zip School Phone Hours Completed Dates (From - To) Graduation Date Name of School Specialty of Study School Address City State Zip School Phone Hours Completed Dates (From - To) Graduation Date Name of School Specialty of Study School Address City State Zip School Phone Hours Completed Dates (From - To) Graduation Date Additional Training or Experience (Use Back City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129 3 74785.1 Massage Establishment Permit Supplemental Application Trade Associations, Memberships, or other Professional Endorsements (Use Back if PART t3: PERMIT HISTORY List all licenses/permits to do business in California or C] I have applied for /previously held no licenses or permits in any state to elsewhere that you have Previously held OR aoolied for: _j conduct any type of business. City: r 6elc'5 State, License/Permit Type License/Permit No. [31ssued /Date Issued: Has this license ever been Reason: 4 /t.K/ >-V ❑ Revoked ❑ Suspended `7 V'/ r-).� "y Revoked Date or Dates of Suspension Issuing Agency From: To: 14 - MApplicadon Denied Denied by. (Issuing Agency) Reason: Date of Application: I I City: State License/Permit TyLicense /Permit No. L] issued Date Issued: Has this license ever t)e9n ❑ Revoked ❑ Suspended Revoked Date or Oat" of Suspension Issuing Agency. From: To: ate of ate uy. (Issuing Agency) Reason: PART 7.' CRIMINAL RECORD List all criminal convictions, including pleas of nolo contendere, including; those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations. Massage establishment applicants must include this information for the last five (5) years. CHECK HERE IF NONE 0 Original Arrest Charge (Crime) Date of Violation Arresting Agency Reason I q Arrest Charge (Crime) T—Date PART 8: BUSINESS INFORMATION For Sole You, the Applicant Name of Business as Proprietor to submit this Proprietorships must be IN Sole Appears on Fictitious :7P/ Cr( t, "1`14 Only I Acollcation. Name Statement: City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129 A Massage Establishment Permit Supplemental Application For Corporations Only Name of Corporation (as shown in Articles of Incorporation State of incorporation 7Date of Incorporation For General / Limited Partnerships ------ Name of Business as Appears on Fictitious Name Statement City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129 5 17d78511 7 I {3 ' i i { I Massage Establishment Permit Supplemental Application Lease A reement L and address of owner and lessor of the real property where the business is to be conducted, if applicant Is not the legal , submit a copy of the lease and a signed acknowledgment from the owner that a massage establishment will be located on r ro e e 1�-- Address L- -�i % �- Z..C..l � C 7 5Y- � t r2 Ul %V�-- fs �- 'D City State Zip Em to ee Information — J 1fier)tc �Z_ f -� rry L- c_ j-f tr2 State the full, true names _ and residence addresses of all persons em to p P yed, or intended to or em to ees be employed, as technician; Full Name - �, t Positkxt 7 d City State ZIP Full Name rT" PaslOW15TI & � =�� � Address City c. State ZIP FUN Name Position AddreN -7 Plk� < � City // State ZIP Full Name r Position ' k Add City C i7.ST State ZIP ? r 1, G� C4 FUN Nance Position Address City State ZI P Fu N Name Posies Address City State ZIP FUN Name Position Address City 'ZIP state FUN Name Position Address City State ZIP rtabllshment Man ement tnformadw Provide the following information for the name of the person, persons, or entity that will pro mas a establishmenrt. vide management services for the _ Name (Last, Flrst, MI) L f Residence Address } City ­7 State �. � ZIP 'Tame (Last, First, MI) r7 Other Bu, Does the ❑ Yes If es, fo Name of i any other business on the same premises, H Wide the following Information (Use Back if or the State of Type City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129 6 Massage Establishment Permit Supplemental Application 'ART 9: CERTIFIGA t gun I hereby certify, under the penalty of perjury, that the information given is true and correct. I understand that providing false information or withholding information, including any criminal record, is grounds for denial or revocation of my permit, and may subject me to criminal prosecution. I do hereby authorize the City of Tustin, its agents and employees, to seek verification of the information contained on this application. I understand that I may not conduct the activity applied for until a business license and a massage establishment permit have been granted. I further understand that a copy of the City ordinances regulating massage is available to me in the City Clerks office. If during the term of a permit, a permit holder has any change of information submitted on the original or renewal application, the permit holder shall notify the City in writing of such change within ten (10) business days thereafter. (Signature) _7 (Date Please provide the following with your application. All documents must be originals and must be written in English. City staff will return originals to the applicant. 1. All applicable fees. 2. Evidence of a complete set of fingerprints taken at a live scan facility. 3. Two (2) recent front -faced portrait photographs at lease two inches (2 ") by two inches (2 ") in size. 4. Driver's license or photograph identification (issued by governmental agency). 5. Social Security Card. 6. Alien Registration Card (if Applicable). 7. Copy of lease and signed acknowledgement from property owner that massage establishment will be located on property. g. The certificate of limited partnership filed with the Secretary of State. if applicable. 9. A copy of each massage therapist's or massage practitioner's MTO certification and a color passport -size photograph of the certificate holder. City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129 7 174785.1 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE Bureau of Criminal Information and Analysis P.O. Box 903417 i Sacramento, CA 94203-4170 1 011 9/01/, DATE: 0 D 4 CAPDTUSTIN 300 CENTENNIAL WAY TUSTIN CA 92680 RE: DOJ APPLICANT FINGERPRINT RESPONSE APP OR!: APP NAME: APP TYPE: APP TITLE: APP SERVICE REQUESTED: OCA: SID: DOB: SSN: CDL: ATI: OATI: DATE SUBMITTED: SCN #: WNWIME199M CA0302200 LEE EMMANUEL OLIVA LICENSE CERT OR PERMIT CHIROPRACTOR MEDICAL SPA CA/ H011077935 B2380LL 0 08/26/2011 KX2E2380007 8084 RIVIERA CT FONTANA CA 92336 Based upon a fingerprint search of records contained in the Bureau of Criminal Information and Analysis files, there is no information meeting dissemination criteria pursuant to California individual. law on the above-named This transaction has not been recorded by DOJ Bureau of Criminal Information and Analysis; therefore, no subsequent arrest information will be Provided. Electronic Response Code: 92780 DEPARTMENT OF JUSTICE FOR YOUR INFORMATION Custodian of Records Reminder - Applicant agencies have until July 1, 2011 to designate at least one Custodian of Records (COR) for their agency. The requirements include submitting fingerprints and the COR application to DOJ. Criminal justice agency personnel who have undergone a state and federal criminal record check are exempt. Please refer to the Attorney General's website or contact the COR Unit at COR@doj.ca.gov for more information. "600 REQUEST FOR LIVE SCAN SERVICE Applicant Submission CRl 7- A—!-JtnOrlzeu Applicant I ype VOR nr I Irpt—A — 1-1 -- Iff" ---j I Ij ! I t I t' (". a , —j " � �, � —, , — " Contributing Agency !nformation Agency 2- Criminal Record informal, on 79 mad Code irve-ai, :.a, -i-ssigned by DOj—j-- eet Address or P,U. box Contact Name (mandatory for all sWluaf suomfssl-," `1-7-y/c�o 2- S (-7 � ) !;- 73 - 3 Ee NUMDer t de - 41� ., _0 on tact act - I in e p,. -e�-s � lw-s applicant 101% Information: 11,114 Other Name (AKA or Atlas) L4151 ate of B III t7ht 170 Sex ;21 Female i ' Weight 20w111 - Hey j� Eye Cd—Or Hair Color I Place of Birth (State or Country) §-Cicl�, Security Number Home Address Street Address or C- - 11(51 Name Iviluale initial buflix First �� Suffix river ustice"'. Billing Number Misc. Number 2 /0/0 Slat ZIP Code Your Number. .'CA Mvrtoe, (4qenCy)C,,(V,, Nwl owl If re-submission, list original A T I number, (Must provide proof of rejection) Employer (Additional response for agencies Specified by statute) -111p1-y- —.11C - -11--.1C`Z,1sVF 1��U, box Level of Service, eo'DOJ 7 FB I 1.1-1. ---- 1 -1— u1Y11 c assigned by City State fFp code 1 cicpnone Number (optional) Live Scan Transaction Completed By: L Name of Operator I — - - te Da 2- Tranr�MltfingAgency LSID — ATI Number LJ-"t`5 6 Amount Collected/Billed ORIGINAL - Uve � �1 t can Q�@,rator SECOND Copy. Anj)j,c,,t 4 a THIRD COPY (if needed) . R equawng Agency -1q t,.n "ci-iin irk, CA 91 7 "6 State of California REQUEST FOR LIVE SCAN SERVICE 3C11 8016 (3/07) Applicant Submission ORI: CA0302200 - Type of Application: Code assigned by QOJ Job Title or Type of License, Certification or Permit: Agency Address Set Contributing Agency. City of Tustin 92780 Agency authorized to receive criminal history information Mail Code (five-digit code assigned by 00J) Department of Justice 300 Centennial Way Detective Brian Chupp Street No. Street or PO Box Contact Name (Mandatory for all school submissions) Tustin CA 92780 714 ) 573-3144 (Business Licensinq) City state Zip Code Contact Telephone No. Name of Applicant: (Please print) Last First Ml Alias: Driver's License No: I Last First Date of Birth: imp" Sex: E� Male [7 Female Misc. No. BIL - Agency Billing Number Height: Weight: Misc. Number: Eye Color Hair Color Home Address: N01000� gob Steeet No. Street or PO Box 72� Place of Birth: LZIZI -, ( e 21010 City, State and Zip Code Social Security Number: Your Number OCA No. (Agency identifying No.) Level of Service: 547( Doi ❑ FBI If resubmission, list Original ATI Number. Employer: (Additional response for agencies specified by statute) C'? C, Employer Name Street No. Street or PO Box City State Zip Code Mail Code (five digit code assigned by DCJ) Agency Telephone No. (optional) Live Scarp Trays t' I ompleted By, 0(-70 (if 7L2ZL,, 1-1 1 1 Name of Operator Dad .2 0 L L 146 ��57 Transmitting Agency ATI No. Amount Collected/Billed ^Iu.m1w S 395M ilTABLUEO FOR S GNA kiAe a 0- JR.. GiOVERNOR EI)MUN . R6�vw- '.% T LICENSED LICENSE 40. DC 23937 RECEIPT NO. 00224343 30ARD OF CHIROPRACTIC EXAMINERS '325 Natomas p3rk Orive, Suite 260 &ntal k:eMftC3w_ z 3acramenta, CA 35833-2931 916 283 -355 DOCTOR , i_Oy,-'CH1ROPRACUC `1 pTiC , VALID UNTIL DECEMBER 31, 2011 In accordance with Chipter ?. Division `iectiOn 1000-7 of the $usiness and Professions Code (Chiropractic Initiative LEE E M M A N U E L O L I V A tct). The individual named hereon is 931 BUENA VISTA RD 4503 4uly licensed and entitled to practice D U A R T E CA 91010 Chiropractic in the Mate Of California. - - - -- NON-TRANSFERABLE --- POST IN PUBLIC VIEW V C D C STATE OF CALIFORNIA DOCTOR. Of CHIROPRACTIC EDMIJN0 G. 3ROWN JR., GOVERNOR dOApp OF CHIROPRACTIC EXAMINERS 2525 Natomas Park Drive, Suite 260 crisina{ CrMificaw'" Sacramento, CA 35833 -2931 916 263 -5355 IL SATELLITE Or r I %7jE:j4°- CERTIFICATE CERTIFICATE SAT 14045 RECEIPT NO 00263429 VALID UNTIL DECEMBER 31, 2012 LEE EMMANUEL OLIVA 17542 IRVINE BLVD ##A TUSTIN CA 92780 ;8/ 11 Al, I I ISSUE DATE AUGUST 8, 2011 This certificate is issued pursuant to 1000 -5 and 1000 -7 of the 13liSINESS AND PROFESSIONS CODE, for issuance of a Satellite Office Certificate. This certificate is valid only at the address shown. I ----- NON - TRANSFERABLE - - - POST IN PUBLIC VIEW - - - -- nCHS4T 0 1. Og, i RENTAL AGREEMENT I Ills agreement entered into This 1" day of September ()I I by arl,i `�e'!A Robert K. Ellis, D.D.S., Anh I'uvet Thi Nguyen hereinafter : cspectively lessor and lessee. `,IVTFNESSETH: that for and in consideration ot' Tile pa, r. ii; t, rents and the performance of the covenants contained (tn the part of'':.es�c�_ paid lessor does hereby demise and let unto the lessee, and lessen hircs r'1 ,i„ lessor for use as a business those premised described as ,it 1 542 Irvine Blvd Ste YTustin Ca �)?780 (1x)30 square feel) ;ter i rci�_1.1 troll] September 01, 2011 to August 31, 2014 the term is 36 months piLis months option to renew after the lease expire, a7 her 6 months optioii after that, the rent will be increasing yearly 3 °/, cm cing on the da,, of September 01, 2011, and at a monthly rental of���� (S) Dollars per months (included Triple it called flat rent), payable monthly in advance on first day Is' to 10'" day of each and every month. Ire have 3 months free rent. It is further munially agreed between the parties as follows: 1. Said premises shall be occupied by Chiropractic Acupuncture Viassa�e "Therapy. - _'. Lessee shall not subject the demised premises or day pert thcr, c>�. .: Mis agreement without the lessor's written consent. >. Any failure to pay rent or other charges promptly when due or to comply, with any other business or condition hereof, shall all the option of the lesser and after lawful unlike given forthwith terminate this property. +. Lessee have an insurance liability pay up to 1,000.000.00 per occupied, Lessee responsible for repaint and � ��� /a��_ " kccl n . The lessee that pays for all telephone, utilities, cable said premises. In WWITHIV'ESS WHER-EOF the parties hereto have executed this agrccriler;� in duplicate the day and year first above written Robert K, Ellis, D.D,S Lessor Date: Anh u Thi Nguyen, Lcsscc I m con 7:f :mow a nr i. W .111 OV UJ 3 1 cr 3 �r PT * , CL ,A 0 m m 0 x rn > M N) 0 14 N) W 00 F y' 0 L O-o 3 2 zt; Zl ml Zk 24 t4. W— Mae • 4 - �Rm F— L77 qwj MCI Vj �c If If c. W, 0 > 0 (4) 000, tt tr rb ,0) Z4, IJ Zi Z, "Z �D =w *mq =94 (*D th ro 1w WOO M=W Ia iI ro O (A) --n gjjwomv ro ti Mid i lY M ti M=mr ATTACHMENT B 2011 MASSAGE ESTABLISHMENT PERMIT BUSINESS PERMIT DEPARTMENT OF FINANCE Name of Applicant. KIM THU THI NGUYEN - Owner Address of Applicant: 8952 CHANNING AVE WESTMINSTER, CA 92683 Name of Applicant: LEE OLIVA D.C. - Operator Address of Applicant: 1657 HUNTINGTON DR #236 DUARTE, CA 91010 BUSINESS NAME AND ADDRESS: OC MEDICAL SPA 17542 IRVINE BLVD #A TUSTIN, CA 92780 PERMIT ISSUED FOR: DATE PERMIT ISSUED: DATE PERMIT EXPIRES: Jenny Leis.—, Finance Manager Forms: Permit MASSAGE ESTABLISHMENT �PERMIT September 29, 2011 January 31, 2012 Permit subject to Conditions attached. Julie' Interrante Business License Division OC MEDICAL SPA OWNER OPERATOR: KIMJ THU THI NGUYEN 17542 IRVINE BLVD #A TUSTIN, CA 92780 No massage establishment permit shall be issued unless an inspection by the City of Tustin reveals that the massage establishment complies with each of the following regulations: Massage establishment permit is due for renewal January 31, 2012. Each massage establishment must renew the permit annually. 2. A valid Business License must be kept current. 3. Every massage establishment shall maintain facilities meeting the following requirements: a. �Sign - subject to applicable provisions of the City's Codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. b. Lighting - minimum lighting shall be provided in accordance with the Electrical Code adopted by the City and, in addition, at least one artificial light of not less than forty (40) wafts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such room or enclosure. C. Equipment - adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. d. Water - hot and cold running water shall be provided at all times. e. Linen storage - closed cabinets shall be provided and utilized for storage of clean linens, and approved receptacles shall be provided for the deposit of soiled linen. f. Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities (if provided) shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such. g. Massage table pads - pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Care Agency. Massage Establishment Conditions Page 2 h. Steam rooms and sauna facilities - Where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. 4., Every massage establishment shall comply with the following operating requirements: a. Each person acting as a massage therapist or massage practitioner shall have a valid certificate issued by the Massage Therapy Organization, a clearly legible copy of which shall be conspicuously posted in the room or location where massage services will be provided. b. It is unlawful for the owner, operator, responsible managing employee, manager or certificate holder in charge of or in control of the massage establishment to employ or permit a person to act as a massage therapist or massage practitioner who does not possess a valid massage therapist or massage practitioner certificate issued by the Massage Therapy Organization. C. No business, except those exempted under section 3665 herein, may employ anyone to provide massage or allow anyone to massage unless the massage provider possesses a valid massage certificate issued by the Massage Therapy Organization. d. Massage operations shall be carried on and the premises shall be open only between the hours of 6 a.m. and 10 p.m. A massage begun any time before 10 P.M. must nevertheless terminate at 10 p.m. No person, whether certified or not, may provide massage in exchange for compensation after 10:00 p.m. e. A list of services shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, responsible managing employee, manager, or certificate holder shall permit, and no massage therapist or massage practitioner shall offer to perform any services other than those posted. P. Any massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified by the Massage Therapy Organization. 9. Each massage therapist and massage practitioner shall wear a name tag displaying the name specified on their certificate while administering a massage and which shall be worn on outer clothing and be clearly visible. The massage therapist and massage practitioner shall not use any name other than specified on their certificate and name tag while on duty. Massage Establishment Conditions Page 3 h. Massage therapists and massage practitioners shall be fully clothed at all times while in the presence of any other individual within the massage establishment. Clothing shall be of a fully opaque, non- transparent material and provide the complete covering from mid-thigh to three (3) inches below the collar bone. Areas where massages are to be performed shall be separated by a non-lockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a "peep hole" or any other device that allows anyone to see into or out of this room when the door is closed. j. Towels and linens shall not be used on more than one (1) patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked: "clean linen," "soiled linen." k. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. I. Instruments utilized in performing massage shall not be used on more than one (1) patron unless they have been sterilized using approved sterilizing methods. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided which are approved by the department or agency designated by the City Manager to make inspections for compliance with health standards. M. Where a covering is furnished by the massage establishment, it shall not be used by more than one (1) patron until it has first been laundered and disinfected. n. The owner or operator of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage therapists, massage practitioners and employees of the massage establishment, and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this Part. Massage Establishment Conditions Page 4 0. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and address of each patron, the name of the massage therapist or massage practitioner administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this Part. Such records shall be kept on the premises of the massage establishment for a period of two (2) years. In the event the massage establishment relocates, the records shall be retained at the new location. P. No part of the massage establishment shall be used for residential or sleeping purposes. q. No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or illegal drug. Legal over-the-counter drugs and prescription drugs are permitted, provided the individual in possession of the prescription drug is the individual identified on the prescription label. The responsible owner, operator, managing employee, manager or permittee shall not permit any person in possession of illegal drugs to enter or remain upon such premises. r. Every massage establishment shall be open at all times during hours during which massage is being provided for inspection by any officer of the City of Tustin. S. All doors leading into a massage establishment or area where massages are being performed shall remain unlocked during business hours unless there is no staff available to assure security for clients and massage staff who are behind closed doors. No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage. U. An owner, operator or manager shall be at the massage establishment at all times when massages are being performed. 5. A massage therapist or massage practitioner shall not violate the provisions of Sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by anyone. 6. A massage therapist or massage practitioner shall be fully clothed at all times while in the presence of any other individuals in the massage establishment and shall not expose his or her genitals, pubic area, buttocks, or in the case of female therapists or practitioners, her breasts, and such practices shall not be allowed or permitted by anyone. Massage Establishment Conditions Page 5 7. Except as expressly permitted herein, a massage therapist or massage practitioner shall not massage a patron of one sex within the view of a patron of the opposite sex, and such practices shall not be allowed or permitted by anyone unless all parties expressly consent to the treatment, location, and presence of the patron of the opposite sex. a. This subsection shall not apply if all involved patrons are fully clothed, excluding socks or stockings. b. No more than one male and one female may consent to be massaged in the same treatment room. c. No person under the age of 18 may consent to a massage in the presence of another unless the other patron present is the minor's parent or legal guardian, and the parent or legal guardian consents. 8. No more than two members of the same sex may consent to be massaged in the same treatment room unless all involved patrons are fully clothed, excluding socks or stockings. 9. A massage therapist or massage practitioner shall not massage, fondle, or otherwise have intentional contact with the genitals or anus of any patron, or the breasts of a female patron and such practices shall not be allowed or permitted by anyone. 10. A massage therapist or massage practitioner shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by anyone. 11. It shall be unlawful for a massage therapist or massage practitioner or any other person to perform, or to offer to perform, a massage for compensation in any private residence (including the private residence of a massage therapist or massage practitioner) or in a hotel or motel room. 12. No person granted a permit shall use any name or conduct business under any designation not specified in his /her permit. 13. A massage operator shall comply with all provisions of Ordinance 1254 and the Tustin Municipal code. 14. A chiropractor or medical professional shall be on the premises during business hours. REVOCATION OF PERMITS ORDINANCE 1252 UNDER THE PROVISIONS OF THIS ARTICLE FOR ANY OF THE FOLLOWING REASONS: THE DIRECTOR OR PLANNING COMMISSIN MAY REVOKE A PERMIT ISSUED 1. WHERE THE DIRECTOR OR THE PLANNING COMMISSION HAS FOUND AND DETERMINED THAT THE PRESERVATION OF THE PUBLIC HEALTH, SAFETY AND WELFARE DEMAND REVOCATION OR SUSPENSION OF THE PERMIT; 2. WHERE THE PERMITTEE HAS VIOLATED ANY PROVISION OF THE TUSTIN CITY CODE, OR STATUTES OF THE STATE OF CALIFORNIA, OR OF THE UNITED STATES OF AMERICA 3. WHERE A PERMIT HAS BEEN ISSUED ON FALSE STATEMENTS IN AN APPLICATION; 4. WHERE THE PERMITTEE HAS VIOLATED ANY OF THE TERMS AND CONDITIONS OF THE PERMIT OR CONDITIONAL USE PERMIT; 5. WHERE THE USE OR ACTIVITY FOR WHICH THE PERMIT WAS GRANTED HAS CEASED OR HAS BEEN SUSPENDED FOR ONE (1) YEAR OR MORE; 6. WHERE THE PERMITTEE NO LONGER MEETS THE PREREQUISITES OR REQUIREMENTS OF THE PERMIT; AND 7. FAILURE TO PROVIDE COUNTY, STATE, AND /OR FEDERAL MANDATED LICENSING CERTIFICATES ON AN ANNUAL BASIS IF SUCH CERTIFICATES ARE REQUIRED. THIS PERMIT IS GRANTED AND SHALL BE VALID UNLESS ABANDONED OR REVOKED. My signature below verifies that I have read, understand and agree to the conditions under which this permit has been granted and have read and understand the conditions under which this permit may be revoked. r f DATE SIGNED I OC MEDICAL SPA MASSAGE OPERATOR: LEE OLIVA, DC 17542 IRVINE BLVD #A TUSTIN, CA 92780 MASSAGE OPERATOR CONDITIONS No massage establishment permit shall be issued unless an inspection by the City of Tustin reveals that the massage establishment complies with each of the following regulations: 1. Massage establishment permit is due for renewal January 31, 2012. Each massage establishment must renew the permit annually. 2. A valid Business License must be kept current. 3. Every massage establishment shall maintain facilities meeting the following requirements: a. Sin - subject to applicable provisions of the City's Codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. b. Lighting - minimum lighting shall be provided in accordance with the Electrical Code adopted by the City and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such room or enclosure. C. Equipment - adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. d. Water - hot and cold running water shall be provided at all times. e. Linen storage - closed cabinets shall be provided and utilized for storage of clean linens, and approved receptacles shall be provided for the deposit of soiled linen. f. Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities (if provided) shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such. g. Massage table pads - pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Care Agency. Massage Establishment Conditions Page 2 h. Steam rooms and sauna facilities - Where steam rooms or sauna baths are provided, If male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. 4. Every massage establishment shall comply with the following operating requirements: a. Each person acting as a massage therapist or massage practitioner shall have a valid certificate issued by the Massage Therapy Organization, a clearly legible copy of which shall be conspicuously posted in the room or location where massage services will be provided. b. It is unlawful for the owner, operator, responsible managing employee, manager or certificate holder in charge of or in control of the massage establishment to employ or permit a person to act as a massage therapist or massage practitioner who does not possess a valid massage therapist or massage practitioner certificate issued by the Massage Therapy Organization. C. No business, except those exempted under section 3665 herein, may employ anyone to provide massage or allow anyone to massage unless the massage provider possesses a valid massage certificate issued by the Massage Therapy Organization. d. Massage operations shall be carried on and the premises shall be open only between the hours of 6 a.m. and 10 p.m. A massage begun any time before 10 P.M. must nevertheless terminate at 10 p.m. No person, whether certified or not, may provide massage in exchange for compensation after 10:00 p.m. e. A list of services shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, responsible managing employee, manager, or certificate holder shall permit, and no massage therapist or massage practitioner shall offer to perform any services other than those posted. f. Any massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified by the Massage Therapy Organization. 9. Each massage therapist and massage practitioner shall wear a name tag displaying the name specified on their certificate while administering a massage and which shall be worn on outer clothing and be clearly visible. The massage therapist and massage practitioner shall not use any name other than specified on their certificate and name tag while on duty. Massage Establishment Conditions Page 3 h. Massage therapists and massage practitioners shall be fully clothed at all times while in the presence of any other individual within the massage establishment. Clothing shall be of a fully opaque, non- transparent material and provide the complete covering from mid-thigh to three (3) inches below the collar bone. Areas where massages are to be performed shall be separated by a non-lockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a "peep hole" or any other device that allows anyone to see into or out of this room when the door is closed. j. Towels and linens shall not be used on more than one (1) patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) patron. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked: "clean linen," "soiled linen." k. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Instruments utilized in performing massage shall not be used on more than one (1) patron unless they have been sterilized using approved sterilizing methods. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided which are approved by the department or agency designated by the City Manager to make inspections for compliance with health standards. M. Where a covering is furnished by the massage establishment, it shall not be used by more than one (1) patron until it has first been laundered and disinfected. n. The owner or operator of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage therapists, massage practitioners and employees of the massage establishment, and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this Part. Massage Establishment Conditions Page 4 0. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and address of each patron, the name of the massage therapist or massage practitioner administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this Part. Such records shall be kept on the premises of the massage establishment for a period of two (2) years. In the event the massage establishment relocates, the records shall be retained at the new location. P. No part of the massage establishment shall be used for residential or sleeping purposes. q. No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or illegal drug. Legal over-the-counter drugs and prescription drugs are permitted, provided the individual in possession of the prescription drug is the individual identified on the prescription label. The responsible owner, operator, managing employee, manager or permittee shall not permit any person in possession of illegal drugs to enter or remain upon such premises. r. Every massage establishment shall be open at all times during hours during which massage is being provided for inspection by any officer of the City of Tustin. S. All doors leading into a massage establishment or area where massages are being performed shall remain unlocked during business hours unless there is no staff available to assure security for clients and massage staff who are behind closed doors. t. No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage. U. An owner, operator or manager shall be at the massage establishment at all times when massages are being performed. 5. A massage therapist or massage practitioner shall not violate the provisions of Sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by anyone. 6. A massage therapist or massage practitioner shall be fully clothed at all times while in the presence of any other individuals in the massage establishment and shall not expose his or her genitals, pubic area, buttocks, or in the case of female therapists or practitioners, her breasts, and such practices shall not be allowed or permitted by anyone. Massage Establishment Conditions Page 5 7. Except as expressly permitted herein, a massage therapist or massage practitioner shall not massage a patron of one sex within the view of a patron of the opposite sex, and such practices shall not be allowed or permitted by anyone unless all parties expressly consent to the treatment, location, and presence of the patron of the opposite sex. a. This subsection shall not apply if all involved patrons are fully clothed, excluding socks or stockings. b. No more than one male and one female may consent to be massaged in the same treatment room. c. No person under the age of 18 may consent to a massage in the presence of another unless the other patron present is the minor's parent or legal guardian, and the parent or legal guardian consents. 8. No more than two members of the same sex may consent to be massaged in the same treatment room unless all involved patrons are fully clothed, excluding socks or stockings. 9. A massage therapist or massage practitioner shall not massage, fondle, or otherwise have intentional contact with the genitals or anus of any patron, or the breasts of a female patron and such practices shall not be allowed or permitted by anyone. 10. A massage therapist or massage practitioner shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by anyone. 11. It shall be unlawful for a massage therapist or massage practitioner or any other person to perform, or to offer to perform, a massage for compensation in any private residence (including the private residence of a massage therapist or massage practitioner) or in a hotel or motel room. 12. No person granted a permit shall use any name or conduct business under any designation not specified in his/her permit. 13. A massage operator shall comply with all provisions of Ordinance 1254 and the Tustin Municipal code. 14. A chiropractor or medical professional shall be on the premises during business hours. REVOCATION OF PERMITS ORDINANCE 1252 UNDER THE PROVISIONS OF THIS ARTICLE FOR ANY OF THE FOLLOWING REASONS; THE DIRECTOR OR PLANNING COMMISSIN MAY REVOKE A PERMIT ISSUED 1. WHERE THE DIRECTOR OR THE PLANNING COMMISSION HAS FOUND AND DETERMINED THAT THE PRESERVATION OF THE PUBLIC HEALTH, SAFETY AND WELFARE DEMAND REVOCATION OR SUSPENSION OF THE PERMIT; 2. WHERE THE PERMITTEE HAS VIOLATED ANY PROVISION OF THE TUSTIN CITY CODE, OR STATUTES OF THE STATE OF CALIFORNIA, OR OF THE UNITED STATES OF AMERICA 3. WHERE A PERMIT HAS BEEN ISSUED ON FALSE STATEMENTS IN AN APPLICATION; 4. WHERE THE PERMITTEE HAS VIOLATED ANY OF THE TERMS AND CONDITIONS OF THE PERMIT OR CONDITIONAL USE PERMIT; 5. WHERE THE USE OR ACTIVITY FOR WHICH THE PERMIT WAS GRANTED HAS CEASED OR HAS BEEN SUSPENDED FOR ONE (1) YEAR OR MORE; 6. WHERE THE PERMITTEE NO LONGER MEETS THE PREREQUISITES OR REQUIREMENTS OF THE PERMIT; AND 7. FAILURE TO PROVIDE COUNTY, STATE, AND /OR FEDERAL MANDATED LICENSING CERTIFICATES ON AN ANNUAL BASIS IF SUCH CERTIFICATES ARE REQUIRED. THIS PERMIT IS GRANTED AND SHALL BE VALID UNLESS ABANDONED OR REVOKED. My signature below verifies that I have read, understand and agree to the conditions under which this permit has been granted and have read and understand the conditions under which this permit may be revoked. DATE SIGNED 7'' _ ATTACHMENT C OC MEDICAL SPA BUSINESS LICENSE CITY OF TUSTIN Business Tax (,PrtifirqtP THIS TAX PAYMENT EXPIRES DC 'IEDICAL SPA �-542 IRVINE BLVD »A TUSTIN, CA 92780 OC MEDICAL SPA 17542 IRVINE BLVD #A TUSTIN, CA 92780 Ir ' ­10� I DIAN t9v 12/31/2011 ACCOUNT NUMBER: 99060970 TELLER'S ?ERMIT NUTIMBER: STANDARD INDUSTRIAL CODE Misc Personal Svcs, NEC NON-TRANSFERRABLE - PLEASE POST IN A CONSPICUOUS PLACE NOTICE TO TAXPAYERS The above-named certificate holder has paid a business tax to engage in, carry on, or conduct the business, trade, calling, profession, exhibition, or occupation coded above until this certificate expires. Granting of the tax certificate does not entitle the certificate holder to operate or maintain a business license in violation of any other law or ordinance. In addition, this business license is not transferable to any other party, and no refunds will be issued for the business license tax once a certificate has been issued. If the tax certificate has been issued to other than an approved commercial location within the City of Tustin, then the certificate holder or his or her representative SHALL CARRY THE CERTIFICATE while engaging in business in the City of Tustin. If this business conducts live entertainment, massage, adult entertainment booking, amusement activities, auto brokering, bingo games, check cashing, fortunetelling for pay, large outdoor gatherings, mobile vending, mobile auto services, pawn brokering, second-hand sales, or weapons sales and servicing, it may be subject to additional fees and/or permits to conduct such activities. If you have any questions regarding requirements or conditions on your business, please call Business Licensing at (714) 573-3144. RENEWAL OF THIS LICENSE IS DUE JANUARY 1st OF EACH YEAR If you have not received a renewal form by Dec. 31st contact the City. ATTACHMENT D lawosaplstioa of the ApPll a-- win eauss a del" is rn0essias• Business Name* ti _fir? t'ted--UoQ Y, "(If other than ourmame, include a copy of your Business Address C �.c U SiERF� CRY of TONS L1900108 AppNowden .� 20•x•••• 30 CoutnuM War �ti,1SlN�� LE �lE�h1S= '�•► ca sr/ao (Use of Poet tkdce it commerdv mailbox for business address is a misdemeahuoaj --- - — — city MA 5'ti n state CA ?ip Code AA1420 Mailing Address _ _ rn yea S Ca 60y Suite No. city State Zip Code Business Phone � ` - �i� %.?L Cell phone -I FAX Seller's Permit No. Your E-mail Address (If City of 9tutia address, include copy of seller's permit &bowing I uotiR bowon.j was aria Nature and Type of Goods Sold; Number of Employees at this Buss Activity anease specific) G.�►_ -&c=T 2i'�� BuTc Bost 4wlash4p /burepautet e nbVIetcv/AareelWdP CarPOWUon / Corporate Identification No. (footed on Articles of lncorporatia4 State LLC Identification No. State State A* grer Identification No. Federal Identification No. Tax and Revenue Code requires taxpa w identification, complete the following. if Carp/=, use Oiilcar. RI�Dl.BCi �ADDRids O! I I M Wl PART= IA illiQVIR=D. Name - Driver's License Na. Residence Address - �� rye, a ' . � �: • . � � :n. Name Driver's I3cense No. Residence Address city State Zip Coda Emergency phone Appsoadm&to Data of the Btart of this business at this location, is the City of Tustin I hereby declare, uaclar pentdty of perjury, that the foregoing inknuation is true and carrest. As a condition for the issuance of the lice nss applied for, I agree to submit azw additional information that may be requited and to conduct all phases of this business in conformance with all applicable laws, ocdbu maes and regulations established for such busbuse /profigookm in addition, mt siptatttrs sews to verily that I ►haw been iabrimW that this 800000 reaaws/ is dad avert Jaaamy iM and delinquent if not paid by th0 ll:st dsy of yokv t is any yeas to which badaes0 is soadscQ IS the CHY of TusthL _ 1 - /' I .t _ h . signature U U Printed Name and Title Date SW TAX BCIMULE EACL08W. KAM CHRM PAYABLE TO THE CM OF TUB=. ANY BUILDING CONSTRUCTION OR SIGN INSTAU ATInN vrtt.t_ ittrnr m:n! • rn m nIW^ rnnPfl• mVft &MU ....r... ,... JDr�'j.:'0 ^. ' '✓ Ji l • e ...r., h e . � © rye {{ "NO&TA AM ff. "Ir ffj?�"VVM.l ANT VIOLATION OF THN TUWM CITY CODS AND /Oft ATYON, PALM KNI,ZADING, OR INCOADIATS ANSWZRS ON TEU PC= MAY CAtIiS'flDi APPLICATION TO HS DZNIZD Oft RZGCUDZD. >rZZS ANN NOT Business Name __ [.�'�__ !rr e.�l,ic' z , Telephone &I It - 6Aa Approximate Square Footage of Business Business Location _111�1,2_ —_TrV, FILL IN THE PERCENTAGE OF EACH BUSINESS USE THAT APPLIES (BASED ON SQUARE FOOTAOEj —BASED ON 100 PERCENT, WHAT COMPRISES YOUR BUSINESS ACTIVITY. NUMBERS SHOULD ADD UP TO 100. O� Warehouse ladustrlal/R&D Rsten Whole"19 ❑ Yes No Is your business address also your home address? V Yes, please complete the supplemental home occupation Questionnaire. ❑ Yes No Will you operate a social club, dating service, or escort service? ❑ Yes No Will you provide and /or arrange live entertainment? s �] Yea No provide, arrange and /or produce adult entertainment and /ear sell or rent adult oriented material ? ❑ Yea $f No Will you provide billiards, pool, bagatelle. bowling alleys, or more than five (5) pinball or electronic Yes Is your firm a private patrol service? Yes Be N Does a patrol service work for you? Name and address of service: ❑ Yes ❑ No Will your business have a security slarm system? Name and address of alarm company. Yes No Will you provide massage therapy or operate a bath, sauna bath, or massage establishment? Yes No Will your business sell, manufacture, or have mail order adult books, lingerie, toys, or noveltiee? Yes No Will you operate an antique stars or business that buys or soft used items? if Y please couplets the supplemental used merchandise affidavit. ❑ Yes � No Will you operate a business that involves pawn? [] Yea No Will you operate a business that involves brokering, buying, selling, or trading automobiles or other motorized vehicles, whether running or not? Q Yes ® No Will any merchandise be displayed outside the building? ❑ Yes No Will your business sell beer, wine, and /en other alcoholic beverages? (] Yes No Will you sell firearms? Yes No Are you adding or removing any doom windows. walla. or partitions? Yes • No Are you modifying. adding, or removing any plumbing, mechanical, or electrical system? Yes No Will any accessory sheds, canopies, awnings, or other exterior structures be installed for this business? ❑ Yes No Will you be constructing any signs (temporary or permanent) outside the building? (� Yes No Will you be storing any materials outside the building? [� Yes No Will you be storing any commercial vehicles, tools, or equipment on -site? ([]J Yes KA No Will you have any aboveground or underground tanks? Yes No Will water be used in your manufacturing or processing?? Yes No Will your business involve cooling on a commercial stove or fryer?' Yes No Are you installing a new commercial hood or fire protection system? Yes No Will the business provide training or classes at your business location to anyone not employed by the business? it renting a bnildin& office,, or spaoe, to whm will or do you pay sent? ' , , V,. D, Q . S Owner /Management Company Name Address Tdophone When does or will your current lease end? " (S i k How many units do you or will you lease: at this location? ❑ Yes ❑ No Will you be sharing this location with another business? Your business Iocatloa will be cheehsd by the soafag, building, water, police, and fire dspartmeal& If you have any doubt that your busiaesa loaatlon, aeth4ty, and /or bnildiag does not soaftse with the requirements at the Municipal Code, please ooa+tm* these depaitmeab for father iafbrmatfoa befisre filing this application or entering into a Lasse Agrsement, I understand that this application and payment of tax does not license me to operate until I have fulfilled all the requirements of the Tustin Municipal Code. I hereby certify under penalty of perjury that I have read and understand the above statements. I hereby agree to obtain all necessary City permits! when a permit is required. � Signature Q t _ Print Name and Title Datb Driver's License No. a*rs..VtrAW rams t i AQf.7D "joa to say of dmw nynLdoea. pkne V84 compieN sad sip d& quesdonwjm hied qwMajoee w M Business Nam Como POW@ Phony �..�c+Awi IMi1WJ r Site Address of Pr Facility City State zip reek 0ba des bualnaae opetatioa, activitx or procsae (M& asanic W&Mor fewitatioa, auto mpair • oil chi rrboieaak Pow may. u- �'+a4 �� uym requke mulmeace h the coaeplottoa of tbie hm place coated OCI►A, Ph mini i Derdopasrt Sarricae ai M4) M410L ISSUING DIMARTMRIM RLUON FOR S DUMAL: O Q New bwmlm OBuiubr Lksaaa O T>taaat Iu W*rsrreat aadlar •pp�adp W WdkUn'or site rim O Badewa rdoeattaa isprsrsewat O HCMCUPA OO Bawmen owaar dmw a* O Fin Asdtsrity phu apPard roquh* . Hari paratit for OCFA apparel: O No Mrs AWwejty Phu approvd ngWr'M . IIsa4 lsraa to OCFA. O Fin Andierhy Cogamulty RI WWX ow (Resardemi.Magria4 Ssry m Ssdtoa) approval O s& P � of Oeeapaaey for Phu AW w* opprosat. rsgWrWL HoN Cord 4 of Omparcy tsar SCAQMD doaraaes. City hnolt • Buts Lleeaas i FIRE AuTuoarty Pnmrr scitEmm; QuEmoNNAm Plearo anewer an of tU following quesdomat WIN pee candaa my of do pr.nsrsa oa air w.ae, stole. btanEa +aY d Yr AoMo+.hg aurrlatt? tCMdt al Shea rPDtrk AORBE Yes No VAN Yee w the Anne bddtag aeeapeae wan, as w ba Wk ha+ndara nawidsofthavriaM is gawaUia ogasi to w arsaw dwn O 10 • AEROSOL PRCDUCrS parts y mm ot300 parch w we*O Q tK ASSEMBLY OCCUPANCY (50 ar masse "0* p&And for drkW& des6 odaeatiae. naaiw. d..) O tV AUTOMOBILE wRBCRINd YARD p W • sATTSRY SYSTBMV8r0RJ4QElCMAROIMo O Or COMBUST>stBptOBl SIMAOtidao* W$ WOwAWwlR watriaissebseoaeols" irNpMM►rtaa rpaai�honrste> p IL ❑ COMWXTA LE MMXR1AI.StORAOl2300 cable hd (amply pa" cMa, twaa, bwnh. s.ebw er cork ass.) ❑ UMI yor be gaaadsg ►antde "an at yaw hditl t/wardm Wawa tieaaeW PNrDrar• • DRY CLEAMMO OMitaXM p 6% DUSr PRODUC<ND OFOL41 OMS toad wabbtg, ntdiq -1 1 g, pahvdtiq, tpdn .I.e.aor. sow mM, eiL) IS. O ���Jl OARAGL M07M VEttKUSBRVXXMgMA OR FUEGWSP045M STATION ❑ A w*e aaawar to gpno a • NAZARMIS MA701ALA tea Aumbawat A Aw ties a brassim ratwii i. ang cleniad whM is r.gaitad w bad • rdwW C.stMd eta Onga Canq rn Awftt4 at a" M6200 M regsws dA@ prtaa. A "ft' asawer M go"= e..g 1 yw to eWSd tip WAQUD at to aa►LaatiM ht pwata Ishrnrsiw►A "Ybtr ssrww M gs.rlMs yr 411 le twgdsw yon Ise earlaat tier Como Conway CaeaMe Udall Flop Agam d snhq data sbts tMStiSL Wd"Oi t I F-611401 HM AD CO� rMA (lop of for planks. +ire and nawAubb tt,.wr. M d Ii 13 bd ou C3 7ha • iNsrAt. oR�AIX �Is iM p UQUIRED PETROUXU ttAS ❑ ffi MATCMBS tatsast(mme ar staa le acaaa of 14.40* teNrt/aat oaWM) ❑ 6{ • MEDICAL OAS INSTALLATION O N� OVENS, U4X=RML BAItIIIOf OR DOM (ogaipoaae end w dy ar b.b reach Woe dm loud p vdwu) p $( • REPRIOBRRI N EQUIPMIXT(ftaed a3 1 is wbiab a nsdpraat is cinalatsd for dad perp n of eausaMa heat) O 6t( • SPRAYM OR O MMO OHRR KM a emoloadMe 14" sppiad wNtt a apnper w and to uahs) O Or TIRE SrdtAOS (MO agave has ar wew) ar We neappias ❑ ep •MIELDIMOANDCUMNOOP6Rlr1MM p This is a "Spar" buildup. I do ma haw Mae opwadaas wN be cedwad. ❑ twiEafltooaiaatalydNsaYwaepraliweraae +ktariwNa, oral, iNparyhraaiwra ,ISOrgwadoadwpbarMua • NM As OCRA CtMOtod QwsdMdw Padat may be tog" wid► do plea. Call (714) !734100 hr a copy of the pedal. YES 140 L ❑ If VAN Yee w the Anne bddtag aeeapeae wan, as w ba Wk ha+ndara nawidsofthavriaM is gawaUia ogasi to w arsaw dwn 33 reams. of ttgaii.Soo p »as/a o/ soYd or 200 aaiia taae.taaopesaaad am a ap osa doel 2. o 3 alt.el�:�dy M�� w sew aumbLaLwad jail II w (WOO r� ar eeneW Wool iaatopa daAMtlasa IsA 3. O vMM you or do Aran bWWbg eeeapat atop, aaa .r bn/a US SWOON of eareaog0 or my elwsaird whit it coaspwtw the is. catciraar. tr drlYrd by taRtbtaie for ttla nalabsa -.ail sln A•aw+4+seess.t'ft4 sn.�2sstf 4. O �/ saga• as dattaaa by culita.ia ear pat a..aabN —ea8 tnaaAaatarlyV�W !►142 dr f Was batMRp M Maaisi 6at�aaMdy Maardoua SrMMSaalRagulasd S.iaaseM. 3, O O If yes w oaapeM wMi asy +.iE the Dwisaa 6w tsaaeed:itMia t.00D hat et Iba war bauuduey et. ardent, psasd angle man bsspiW w �s"aa hssJdt man heisey! IL ❑ You acrd easiplw AtuebaatM pest ! did yw a.aww "t'as'te my gasssiea w Atas.hm*0 0 SCAQMD pnsit swpised. T. O t5f UMI yor be gaaadsg ►antde "an at yaw hditl t/wardm Wawa tieaaeW PNrDrar• L O wilt yam be woNag hwerdaua wins m."i 77ared Testa AaaariWn waele oo4sw 7tawrs,a 9. O WIN yes In apstdq sedaapaud wmbt for on swage of haardsw subasoaa7 Underpowed sterwge 7ha► r, Op w IS. O "W$d" smp meat tw mop otpw okm Medood Abo-Vo sd PeMeMswt stenga Ad Spill FnsweMar CorMet • C.a.aanaa.aw+ Plead A w*e aaawar to gpno a 1.2r 314, w s apim yes w eaapWa a Nmn% r Mb4MteM Disdoom C7 em" h'omwy m d awlaw pwsra g pier — C.stMd eta Onga Canq rn Awftt4 at a" M6200 M regsws dA@ prtaa. A "ft' asawer M go"= e..g 1 yw to eWSd tip WAQUD at to aa►LaatiM ht pwata Ishrnrsiw►A "Ybtr ssrww M gs.rlMs yr 411 le twgdsw yon Ise earlaat tier Como Conway CaeaMe Udall Flop Agam d ("4) g"4esa sad ads hr ao CtRA daWsa The owner or hislhar antherised Seat la =gggg RdWta season that comply wills the reporting and storage, use and handling requirements for ray proassa/ aterials described abora. Notes A "No" answer to spy of the above questions may subject your business to on-site verification by the Orange County Fire Authority. Failure to properly disclose your usage of hazardous materials may result in civil or criminal action being taken against you. I certify under penalty of perjury under the laws of the, State of California that the foregoing is true and correct. D Signature of owner or Vthodzed agent Print Name and 'title M Po34 (nimo) DI rnhoir tOMt Writs WIN • NAM FWAUOCCU►A 0 PlNltf OWNSWOCCURAWr r CARD CO". atta.00to VGFr Pogo 2 ATTACHMENT E ' o GM01 RELATED TUSTIN POLICE DEPARTMENT 2 A ❑ ACTIVE 4 CRw yr] ADULTARREST /1 300 CENTENNIAL WAY S ❑ SUSPENDED 1 5 REFER OTHER RPTO ❑ SUSPECT ONIY TUSTIN; CA 92780 R Q RECORDS K ❑ COURTESY ❑ JUVENILE ARREST Q a PADS SUSPECT /ARRESTEE REPORT ❑ SUPPLEMENTTO ORG RPT MIS Ml3Q ov us 7 Q�E� S7INCIDEN7T'fPS 4 IO SECONDARY, COUNTS ti OTHER- COUNTS 120iHER000NTB � 10000 V 13 LOCATWN OF CPo ARREST 1 %5Y2 u/D A 14 PATE OF CRIME J ARREST 15 TIME OF CRIME I APPIEST :fit/ ®rV�' 18 UCENSS# 17 STATE 10 VEHYR 10 MAKE MODEL ' 21 BODY 00 UNK 102•DR 20 4-OR 30 CONY 40 PtU 50 TRUCK I 120 STYLE 00 VAN 70 sw 60RV 00 MVC QTHER U22 COLOFYCOw t OTHER CHARACTERISTICS p.& TIC Dorne00, UNgw Mach or Pebq, ek.) 24 0 OFYEM Lu W 2S REOISTE ER 28 NAME: ti T, FONT, MIDDLE , ... ° : . �•.:.. 27 SEX 28 20 RACE 0 1 WHT 0 2 HISP 0 3 BLX J( /� ♦♦ I M 0 41ND 0 5 CHI 0 S APH 0 7 ft i ♦W i/ lw /'t 1F OaPISL Ogg VIET 0100TH AKA 31 PC9 1 32 HGT 33 WG7 34 BUILD 10 1 THIN 0 2 MED �^ Vlemfm 6 12.-= 00014K 03 HEAVY 04MUSCLA 35 HAIR 0 0 UNK 0 1 ORO '•.. 2 BILK 0 3 8LN 0 4 RED 36 EYES 0 0 UNK SRO 0 2 8LK p 3 BLU 37 OIL 0 30 STATE Ull 0 5GRAY 06SIP 0 7WHI 0 80TH 0 4GAN 0 5HAM O6GRAY O 70TH 39 Pr8lr. AQ.5. 4O ZIP COODE 141FIES*PHON6 �j 42 CELL PHONE 1-14 1 C 43 BUSINESS OR SCHOOL NAME AND ADDRESS 44 ZIP COOS 4s GRADE 4a BUS. HONE P I UAJ 47 S8N 0- 40 OCCUPATION(S) 40 STATUS 50 SOCKING 0 t /^ "� 0 1 ORNER 0 3 PED a1 a° W /�/Z- 52 GANG AFFROTKU4 0 1 KNOWN _ lt0#l1Mtr.F 4"'rilmo -1 HOW KNOWN 0 a SUSPECTED 63 AMOUNT OF HAIR 54 HAIR STYLE 1024 57 FACIAL HAIR Q25 W COMPLEXION 02T 44 01 FULL HEAD OF HAIR p 01 REGULAR 901 CLEAN SHAVEN lW01 LIGHT/ FAIR Q 02 THINNING [] 02 PART RIGHT Q 02 MUSTACHE -THIN Q 02 MEDIUM ❑ 03 RECEDING ❑ 03 PART LEFT Q 03 MUSTACHE -THICK p 03 DARK El 04 BALD V.04 PART CENTER ❑ 04 UNSHAVEN ❑ 04 TAN p 05 UNKNOWN ❑ 05 STRAIGHT BACK p 05 FEW DAYS GROWTH [3 05 SUNBURNED [3 DO OTHER p 05 COMBED FORWARD Q OH SHORT BEARD Q 06 FRECKLED Q 07BUZZJOB ❑ OH FLATTOP ❑ oa STRAIGHT Q 07 LONG SEARD Q OH UNKEMPT BEARD Q 07 OLIVE Q oe RUDDY f4 HAIR LENGTH Q 01 VERY SHORT p 10 CURLY OR PERMED p 09 SIDEBURNS ❑ 09 ACNEIPOCKED ❑ 02 SHORT ❑ 11 WAVY ❑ 10 FUMANCHU ❑ 10 WEATHERED C3 03 REGULAR Q 12 AFRO CLOSE ❑ 11 GOATEE Q 11 WRINKLED Q 64 OVER COLLAR ❑ 05 OVER SHOULDERS p 13 AFRO FULL (1 INCH) Q 12 UNKNOWN Q 12 ALBINO qf0SLONG ❑ 14 PROCESSED (ELK ONLY) Q 13 OTHER Q 13 UNKNOWN ❑ 07 UNKNOWN ❑ 15 IN CORN ROWS Q 14 VAN DYKE ❑ 14 OTHER ❑ 08 OTHER ❑ 1H WITH PONYTAIL e1 GLASSES G2H Q 17 WITH TAIL u HAIR CONDITION 023 se R/L HANDED Qzs [3 01 YES BUT NO DESCR. A Dt CLEAN [3 18 IN BRAIDS )9 01 RIGHT HANDED ❑ 02 PRESCRIPTION Q 02 DIRTY Q 19 NEW WAVE [3 02 LEFT HANDED ❑ 03 SUN GLASSES Q 03 GREASY El 20 PUNK p 03 UNKNOWN Q 04 FRAME' COLOR ❑ 21 UNKNOWN AME ❑ 05 WIRE RE FRAME ❑ D4 MATTED ❑ 22 OTHER ❑ 0H c.NTncTs so MIR A ADVISEMENT Q 05 ODOR ❑ 23 SHAVED ja 07 NONE 0 08 OTHER ❑ 24 FADE 25 MULLET E8 Q NO pp S O' R ��t" p 08 UNKNOWN Q DATE -MME: Q OH OTHER 62 DISPOSRON:AOtKT ARRESTEE D Q BOOK 63 %CML40.ARR /CTTE/RELEASE p 849b1 %'f1k - Q BOOKED OTHER CrcATroN • T j 64 TRANSPORTED ft as DATERWE M 41 S.Q 2 Aqr. G/ FINGERPRINTED �R(% <PHOTOGRAPHED ?� 88 REPORTING OFFICER / ID NO. DATER 70 APPROVED BY 110 N (per,\ o 7� \ 71 DAATTE�+. Q n u•i wlncv twwl PAGE 7-- CR 6 172 2-2-s yy 73 SPEECH Oz9 75 TEM 031 » UNIQUE CLOTHINQ 033 7e WEAPON TYPE 034 NORMAL ❑ 01 SRACES p 01 BEACH CLOTHES ❑ Ot HANDS .IrOt Q 02 TRANSIENT 02 0 ❑ 02 LISP ❑ 02 SUCKED p 03 CONSTRUCTION 03 CLUB p 03 SLURRED n 03 CHIPPED p 04 GANG STYLE ❑ 04 MARTIAL ARTS p OS BASEBALL SAT O 04 STUTTER O 04 MISSING ❑ 05 PUNK ❑ 08 NUNCHUKU Q 08 MILITARY ❑ 070THEA STAIKING 0 CT p 05 DEEP p 05 CROOKED ❑ 07 OTHER UNIFORM O OS KNIFE ED OS HIGH PITCHED O 08 GOLD I SILVER CAPPED p 08 WELL DRESSED O 09 BOTTLE O 07 SOFT O 07 STAINED i4 09 NORMAL DAY CLOTHES O 10 SIMULATE AEARM p 71 TOY G p 08 UNKNOWN OR NOT HEARD W 08 NORMAL TEETH Q 10 HAT ❑ 11 SKI MASK ❑ 12 HA UN O 13 t SHOTGUN O 09 OTHER _ __ O 09 UNKNOWN Q 12 STOCKING MASK O 14 NE E] 10 OTHER O 13 UNKNOWN Q 1S UNKNOWN p 14 OTHER O 180THER 74 ACCENT 030 75 SCARS, MARKS, OR TATTOOS 1032 70 FIREARM DETAIL 1035 ❑ 01 US NORMAL O 0111 BLUE STEEL p 01 FACE Q 10 RIGHT SHOULDER [1 02 CHROME J NICKEL ❑ 02 US SOUTHERN O 02 TEETH p 11 LEFT SHOULDER O 03 REVOLVER ❑ 03 US EAST COAST ❑ 03 NECK Q 12 FRONT TORSO O 04 AUTOMATIC Q 04 SACK SLANG _ ❑ 04 RIGHT ARM $13 BACK An 7IZ1im O 08 O 0S PUMP ER p 05 SPANISH O 05 LEFT ARM _, Q 14 MISSING FINGERS GER9 O OT 80t.T AC1iIX4 R 08 ASIAN ❑ 08 RIGHT HAND Q 15 MISSING LIMBS O 08 DOUBLE SARRE Q 07 EUROPEAN ❑ 09 OVER -UNDE ❑ 07 LEFT HAND Q 1 S UNKNOWN O 10 DISdUiS REARM ❑ 09 MIDDLE EAST O 08 RIGHT LEG p 17 OTHER O 11 SAW FF O 09 JAMAICAN O 08 LEFT LEG ❑ 12 AL ED STOCK ❑ 10 UNKNOWN OR NOT HEARD O 13 NE O" 11 OTHER ❑ 14 KNOWN p 1S OTHER - JUVENILES ONLY - 80 FATHER (LAST, FIRST, MIDDLE) Bt OCCUPATION 020.0.0.. 83 NOTIFIED 04 DATE as TIME DYES ONO a RESIDENCE ADDRESS . 97 CITY N ZIP CODE M RES, PHONE 90 CELL PHONE I 1 I I 91 SU894ESS ADDRESS 92 CITY 03 ZIP CODE 94 SUE. PHONE 95 MOTHER (LAST. FIA". MIDDIA 00 OCCUTATION 970.418. 90 NOTIFIED 09 DATE 100 EYES I7N0 101 RESIDENCE ADDRESS 102 CITY 103 ZIP CODE 104 RE0. PHONE 100 CELL PHONE I f t I 109 BUSINESS ADDRESS 107 CITY 105 LP CODE 101181.15. I 110 STEP FATHER (LAST, FIRST, MIDDLE) 111 00C)4Y ION 112 D0.0. 113 NOTIFIED 114 DATE 115 TIME YES pNO 116 RESMENCEADD14M 117 C1IY .17921 119 RES. PHONE t20 CELL PHONE 121 5I>SNES1111 ADDRESS 122 C11Y t23 ZIP CODE 124 SUS. PHONE t ) 125 STEP MOTHER (LAST. FIRST, MIDDLE) 126 OCCUPATION 127 0410, In NOTIFIED t2D E DAL 120 TIME 1 ❑YEB ONO 131 RESIDENCE ADDRESS 132 CITY 133 ZIP CODE 134 RE0. PHONE 135 CELL PHONE 136 BUSINESS ADDRESS Ifn CITY 138 ZIP CODE 139 8113. PHONE 1 ) 140 LEGAL GUARDIAN (LAST, FIRST, WOOLS) 141 OCCUPATION 142 MaS. 143 NOTED tU DATE 140 TIME DYES UND 140 RESIDENCEADORESS 447 CITY 145 ZIP CODE 149 RES. PHONE t50 CELL i4 I I 1 ) 151 BU804EN ADDRESS 152 CITY 153 ZIP CODE 164 SUS. PHONE I ) 155 DISPOSITION: JUV (MUST BE COMPLETED) ❑ RELEASED RENT O DETAINED JUVENILE HALL- PARENT NOTIFIED ❑ YES ❑ NO ❑ YOUTH TER HOME O UNABLE TO LOCATE PARENT O PARENT REFUSED CUSTODY Ise FOLLOW UP: (MUST BE COMPLETED) ❑ NO FOLLOW UP REQUIRED O FOLLOW UP REQUIRED O DIVERSION ❑ PETITION O INFORMAL COUNSEL 167 REPORTSIGOFFE:ERI ONa 150 DATE 159 APPROVEDSY11DNa 100 DATE W Z 3 L� G } Ti IATIM PAGE H&JL/i I IVIVNL ImAmcaa I CR# POLICE DEPARTMENT TP00103A (REV 9/2006) /2• Z-5"YY w 2 COOS SECTION ``a tia� 3 CRIME ` 4 REFER OTHER REPORTS (, o ST �"ClaTta6� S LOCATION 6 AREA �! Iq-5 `-t'L l 2v ti r- , 3 w1) A 7 CODE 5««« NAME Iuw, FIRST, MIDDLE) 9 OCCUPATION f0 D.O.E. it 7C 72 RACE 0 1 WHY 0 2 H13P p 3 BLK M p d B� p S p 6 JAPN p 7 fil P tr. p S PJSL 9 V1Ef ^_ 10 OTH 13 REWDENL'EADDRE66 14 CITY STATE ZIPCOOE IS RES. PHONE 16 HT, f>, l ) -- Is'l 18 CITY STATE ZIP CODE -Tb f 9 SU& PHONE 20 WT, . 17 BUSINESS NAME A. ADDRESS �s4.'L. t t.v i4se ?Iwo _ i; t,-S R'L ,a l , — 03 21 EMAIL 22 CELL PHONE 23 LICENSE # 24 STATE 25 YEAR 20 MAKE 27 MODEL. 29 00 UNK 2 L 4 -OR 40 PJU 60 VAN 60 RV 100 OTHER M-fLE 1 0 2-DR 30 COW 9 = TRUCK 70 SAN 90 MIC > 29 R 30 OTHER CHARACTERISTICS 31 DISPOSITION CP VEHICLE 32 C`0DE 33 N�AA( f LAtST..FfAST MIDDIA 34 OCCUPATION 35 D.O.& 36 L 37 RACE p 1 WHP C 2 HISP p 3 BLK 1 ` 0 41ND f l Ct9 (--', 6 JAPN p 7 FIL $ t5- J V 1 P 0 5PJSL. 010 OTH 36 39 CITY STATE ZIP 000E 40 ASS. PHONE 41 HT7 � 43 CITY DoE 4L BU& PHONE 49 42 BUSINESS NAME & AOORESB Q i tv t je bW .k LP _ Tl)sC 1 r CA °l Zs`�`�ia �i ( ) I l O 46 EMAIL 47 CELL PHONE t 46 LICENSE / d# STATE 30 YEAR 51 MAKE 52 MODEL BODY Op UNK 2p4-OR 40 PJU 60 VAN 90 RV 100 OTHER STpd ip 9 -DR 30 CON 50 TRUCK. 7p SVW 90 M10 Y >1 OL OR 56 0THER CHARACTERWI S 66 DISPOSITION OF VEHICLE 87 CODE 1 56 NAME LJL /A6T.,.g}R'SP,.MrIDMA S9 OCCUPATION 60 D.O$ ' 91 SEK &M 02 PACO 0 1 WAIT 0 2 HISP p 3 SIX . 0 41NO SCHI 0JAPN / iJ �f7 �,,,,^y �%4..+ p p 0 7FI. J"t ip� ��,a� O I F 0 8 P.ISL. 0 9 VIET 0TH W 63 RESIOENCISADORESS. 84 �CITY ,gin STATE 4 ZIP CODE ..lrc1 (iiTw —c—o S. 6A t� 66 RELPHp� 1 ) �— 66 NitY� s'4 67 BfU61NEUM ME &ADOREM M CITYT STATE ZP Co. 69 BU &PHONE 70 /CWR / 2 i Sir �0 - A .�T- Qrf 1 �V ti �� � /Kerb i ) 71 EMAIL 72 CELL PHONE.: 73 LICENSE- 74 STATE 79 YEAR 76 MAKE 77 MOOS. 78 00 UNK 204 -DR 40 PAJ 6O VAN 60 RV 100 OTHER BODY STYL9 10 2-OR 30 COW Sp TRUCK 70 SiIW 90 MNC > 79 C 80 OTHER CHARACTERISTICS $I OISPOSITION OF VEHICLE 82 CODE 63 NAME LLABT. FIRST, MIDDLE) 04 OCCUPATION 69 D.O.& ass" W RACE 0 1 WHT � 2 HISP 0 3 SLJK 1 0 1 M 0 T. IMO O S CLE ^,^, 0 JAPN 0 7 FN. ❑ i P 0 6 REL. 0 0 VINT ^,10 0TH S6 RESIDENCE ADDRESS 7M CITY STATE ZIP CODE 90 HIES. PHONE 91 HA l i 99 BUSINESS NAME i ADORE88 SRI CITY STATE 2P CODE 94 8116. PHONE 96 W1: 1 1 94 EMAIL 97 CEL PHONE 1 i 96 LICENSE# S9 STATE f00YEAR 701 MAKE 102 MODEL BODY Op UNK 2EI442R 40 PN 80 VAN 60 NV 1017 OTHER STYLE 10 2-OR 30 CONY 50TRUCK. 70 S/W 10 M/C > 104 COLOWCOLOR 105 OTHER CHARACTERISTICS 106 DtSPUPIT10N OF VEHICLE 107 CODE 108 NAME R W,, FIRST. MIOOLEN 109 OCCUPI TON 110 D.O.S. fit SIX 112 RACE 0 1 WAIT 0 2 HISP 0 3 SIX p i M p 41ND 0 5 C I 0 6 JAPN 0 7 FIL 0 F 0800.. 09VIET p10 CTH 713 RESIDENCE ADDRESS 114 CITY STATE 21P CODE 115 RES. PHONE 1 i6 HT. 117 BUSINESS NAME IADDRE56 116 CITY STATE IP COQ 119 BUS, PHONE 120 i ) Wi: 121 EMAIL 122 CELL PHONE l ) 123 LICENSE 124 STATE 123 YEAR 126 MAKE 127 MODE. 728 00 UNK 204.OR 40 PN 60 VAN SO RV 700 OTHER W STYLE 10 2-DR 30 COO/ Sp TRUCK 70 SAN 90 WO > 120 COLARACOLOR 130 OTHER CHARACTENBTKAI 131 WBPOSRION OF VEHICLE 132 REPO�0. GATE 134 APPROVED SY J ID NO. 136 DATE 713* ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C- CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW -UP OFFICER PAGE _ n r.coua �n A001i 1U. 1AIMIICQG TPD 01038 001 9/2006) 131 COOS 138 NAME IL at. FIRST NAME) 17910 NO. o7, k 140 AGENCY NAME TUSTIN POLICE DEPARTMENT 141 AGENCY ADDRESS CITY STATE LW 300 CENTENNIAL WAY TUSTIN CA 92780 142 AGENCY PHONE ( 714) 573 -3200 143 CAN TESTIFY TR --7146 144 COON 145 NAME MST. F/TST NAME) lk N0. A 147 AGENCY NAME TUSTIN POLICE DEPARTMENT 145 AGENCY ADDRESS CITY STATE ZIP 300 CENTENNIAL WAY TUSTIN CA 92780 14/ AGENCY PHONE ( 714) 573 -3200 150 CAN 7ES71FY TOo 151 CODE 152 NAME 0".. FIRST NAME) 153E NO, o'2 154 AGENCY NAIL TUSTIN POLICE DEPARTMENT 155 AGENCY ADDRESS CITY STATE TIP 300 CENTENNIAL WAY TUSTIN CA 92780 I AGENCY PHONE ( 714) 573.3200 157 CAN TESTIFY TO: 158 CODE 159 NAME M /t, FIRST NAME) 160 ID NO. 161 AGENCY NAME TUSTIN POLICE DEPARTMENT 102 AGENCY ADDRESS. CRY STATE ZIP 300 CENTENNIAL WAY TUSTIN CA 92780 169 AGENCY PHONE ( 714) 573 -3200 151 CAN TESTIFY TO: 195 COOS f 09 NAME MST. FIRST NAAM 167 KING. 160 AGENCY NAM9 TUSTIN POLICE DEPARTMENT i8B AGENCY ADDRESS CITY STAIN ZIP 300 CENTENNIAL WAY TUSTIN CA 92780 170 AGENCY PHONE (714) 573 -3200 171 CAN TESTIFY I*. 172 CODE t73 NMI 9AST FSiST NAMEA 17410 NO, 175 AGENCY NAME TUSTIN POLICE DEPARTMENT tTO AGENCY ADDRESS CITY STATE ZIP 300 CENTENNIAL WAY TUSTIN CA 92780 ji IT AGENCY PHONE 714) 573 -3200 1 I CAN TESTIFY TOt 178 CODE 700 NAME MST, FIRST INITML) 101 IDN4 102 AGENCY NAME 103 AGENCY ADDRESS CITY STATE ZIP T P AGENCY M40NE 100 CAN TESTIFY T? . HIS COO 107 MANS M/T nW MAMA 1811 q NO. t0/ AGENCY NAME 790 AGENCY ADDRESS CITY STATE 21P 191 AGENCY PHONE 102 CAN TESTIFY TO: 103 COOS 194 NAME MST. FIRST NANO 105IO NO, 198 AGENCY NAME 197 AGENCY ADDRESS CITY STATE ZIP 198AGENCYPHONE 190 CAN TESTIFY TOt 200 CODE 201 NAME {LAST, FIRST NAME) 202ND NO. 203 AGENCY NAME 204 AGENCY ADDRESS CITY STATE ZIP 205 AGENCY PHONE 2011 CAN TEFRFY7(k 207 REPORTING OFPICEt /q 200 DATE �sa�1Z 2011 APPROY9D9Y /IDNO. 210 DATE TPD 01038 001 9/2006) TUSTIN POLICE DEPARTMENT CONTINUATION REPORT 12 -2544 NARRATIVE: I have been a police officer for the Tustin Police Department for 11 years. I am currently assigned to Special Investigations as a detective. Special Investigations responsibilities include narcotics, prostitution and other undercover operations. On 05 -08 -12 The Special investigations Unit received an anonymous letter regarding a business named OC Medical Spa, located at 17542 Irvine Blvd. #A. The letter stated that she received an accidental telephone call from her husband and heard him involved in sexual intercourse with an unknown female. She was able to identify the business as named above and gave the name of "Janice" as the suspected female employee involved. At approx. 1645 hrs. Detective 41111111111111111 called the phone number provided on the letter and made an appointment for 1730 hrs. and requested a half -hour massage. Detective was told the massage would cost $40.00. Detective 4Wwas provided with $140.00 of marked TPD buy money and a digital wire. He arrived and was greeted by a female that later identified herself as "Janice ". ( "Janice" was later positively identified as Oanh Nguyen). Detective was directed by Nguyen to room #3. See Detective 11� supplemental report for further details regarding his interaction with Nguyen inside the room. Sgt. +l Detective IM and I drove to the location in my TPD issued unmarked vehicle, and parked in marked stall south of the business. Approx. a half -hour after Detective centered the business he gave the pre - determined arrest signal. Sgt. IM Detective 1 and I entered the business. Sgt. � identified ourselves as Tustin Police and encountered an interior locked door. A female, later identified as Kim Nguyen unlocked the door and allowed us to enter. Sgt. WMentered room #3 and detained Nguyen. Detective 4Mand I cleared the rest of the business and located a third female subject, later identified as the owner Kim Pham and a male subject, later identified as Javad Najib. I spoke briefly with Detective ,who confirmed a violation had occurred and OfficerMM responded to our location. I asked Nguyen what she did with the money that Detective "M had given her. Nguyen reached into her left front pants pocket and retrieved $40.00 (Two $20.00 bills). 1 confirmed the money was the marked TPD buy money and Officer 4M transported Nguyen to TPD for processing. Sgt.�spoke to Kim Nguyen, Kim Pham, and lavad Najib and all denied having knowledge of Nguyen's actions. Detective 1 took digital photographs of the interior of the business and I explained to Kim Pham that I was going to report the activity to the City of Tustin Business Licensing department. The photographs were later uploaded into the TPD computer system. I contacted Nguyen at TPD and explained to her that she was under arrest for violation CPC 647(b)-Prostitution. I advised Nguyen of her Miranda rights using my TPD issued Miranda advisement card and asked her if she wanted to talk to me about what happened. Nguyen replied, "No ". Nguyen was fingerprinted, photographed and released from TPD on her promise to appear with citation #T-399165. I request a copy of this report to be forwarded to the Orange County District Attorney's office and request the following charge to be filed against Nguyen: 1) CPC 647(b)- Prostitution DETECTIVE TUSTIN POLICE DEPARTMENT SPECIAL INVESTIGATIONS UNIT TUSTIN POLICE DEPARTMENT SUPPLEMENTAL REPORT 12 -2544 647(b) P.C. Prostitution I am a detective with the Tustin Police Department. I am currently assigned to Special Investigations and have been doing this job for 4 Y2 years. Special Investigations primary responsibilities include narcotics, vice, fugitive apprehension and other undercover operations. I called the phone number listed on the letter Detective's had received 714 - 838 -8633. A female answered the phone and I told her I was interested in scheduling a message. The female asked what time I would be there. I made the appointment for 5:30. The female told me a half hour massage would cost me $40. At 17301 went to 17542 Irvine A. I met with the woman at the front desk, later identified as Oanh Nguyen. I told Oanh I was there for my massage. Oanh told me it would cost $40. 1 gave Oanh two twenty dollar bills which we had recorded the serial numbers of. Oanh took the money and escorted me into a private room. Oanh told me to get undressed and left the room. I took my clothes off and covered myself with a towel. Oanh came back in the room and removed my towel and put a smaller one over my buttocks. Oanh massaged my back and legs. I asked Oanh what her name was and she told me Janise. I asked Oanh if I could get "full sex?" Oanh laughed and continued with the massage. Oanh moved the towel exposing my buttocks and massaged my buttocks, back and legs for another 5 minutes. Oanh asked me to turn over which I did. Oanh massaged the front of my legs and feet. After a few minutes of doing this Oanh whispered to me, "What did you want again ?" I know from my training and experience prostitutes do not like to talk about sexual acts, but when they do they tend to whisper about them. I told her I wanted full sex, meaning intercourse. Oanh asked me how much money I was willing to pay. I told her that I had $100. Oanh asked me if I had a condom. I told her, "No, do you ?" Oanh shook her head side to side indicating no. Oanh told me she was afraid. (Afraid to have unprotected sex) Oanh opened her mouth and put her finger inside. Oanh told me, "I'll do that." Meaning she would give me oral sex. I told her ok but I wanted her to do it topless. Oanh lifted up her shirt and exposed her bare breasts. I asked her to remove her shirt completely. Oanh told me to take her shirt off which I did. I gave the arrest signal and Sgt. 40M Detectives Mand 40W came into the business. I heard them announce Tustin Police. Oanh started to panic and put her shirt back on. Oanh asked me to lie back on the table which I did. Sgt+came into the room and escorted Oanh out. See Detective a arrest report for full details. Detective Special Investigations ATTACHMENT F LETTER DATED MAY 10, 2012 Community Development Department May 10, 2012 OC Medical Spa Kim Thu Thi Nguyen 8952 Channing Ave Westminster, CA 92683 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: NOTICE OF INVALID BUSINESS LICENSE — OC MEDICAL SPA Dear Ms. Nguyen: On September 28, 2011, the City of Tustin issued you a business license to operate a massage, chiropractic and skin care business at 17542 Irvine Blvd Ste. A. According to information obtained by the City of Tustin Police Department, no chiropractic services are being offered at this location. Furthermore, the Tustin Police Department made an arrest for prostitution at the subject location on May 8, 2012. Because the information provided in your original business license application does not contain an accurate description of the nature of the business being conducted and because the business being conducted is unlawful, please be advised that your business license (Business License #99060970) is hereby deemed invalid. Pursuant to Tustin City Code section 2512(g), you may appeal this decision to the City Planning Commission by filing a written appeal with the City Clerk within ten (10) calendar days of the date of this letter. The written appeal shall specify the decision appealed from, the specific action or relief sought by the appellant, and the reasons why the action taken should be modified or reversed. You are entitled to be represented by counsel at the appeal hearing. You may present evidence and shall be given a full opportunity to show why the subject license should not be deemed invalid. Please contact Scott Reekstin, Senior Planner, at (714) 573 -3016 if you have any questions regarding this matter. Sincerely, Elizabeth A. Binsack Community Development Director cc: City Manager City Attorney Police Chief Code Enforcement City Clerk SR \Scott \business\OC Medical Spa 1752 Irvine Blvd Invali oc 300 Centennial Way, Tustin, CA 92780 • P: (714) 573 -3100 • F: (714) 573-3 1 13 • www.tustinca.org I :1 li r_TOI:1 x,14 'Lli 0. NOTICE OF VIOLATION/PRE-CITATION NOTICE COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 Responsible Person z kk N Date (—i- Time Address Phone Description of violation(s): �f f�� 3 A_.- U,' As part of the continuing program of preserving and improving our community, an inspection has been made of the property at the above location and the following violation(s) of the Tustin City Code JCQ were observed: ( ) 1. Abandoned 'Inoperable ( ) 5. Obstructing streets, ( ) 9. Mobile Automobile Services ( ) 13. Prohibited sign type, vehicles or discarded property sidewalks, alleys and other public Permit Required T.C.C. 3321 materials and/or location. prohibited. T.C.C. 5502 (a) property. T.C.C. 7210 T.C.C. 9404 ( ) 2. A Rooster shall be ( ) 6. Non-maintenance of O 10. Human signs shall be ( ) 14. Permit required for balloon maintained a minimum of 100 feet landscape, dead or overgrown prohibited within 200 feet of any display (Only permitted in from any dwelling structure. vegetation prohibited. street intersection. conjunction with a special event) T.C.C. 4221 (b)(3) T.C.C. 5502 (m)(1) T.C.C. 9403 (e)(15)(a) T.C.C. 9403 (d)(5) ( ) 3. Unmaintained pool, or body ( ) 7. Fences and walls in 11. Business License Required O 15. Sign permit required. of water prohibited. disrepair prohibited. T.C.C. 2512 T.C.C. 9403 T.C.C. 5502 (g) T.C.C. 5502 (m)(3) 4. No occupied beehive shall O 8. All solid waste containers O 12. Any condition which be closer than 100 feet from any must be shielded from view within exists upon any premises that is O 16. Prohibition on illicit residential structure, street or a building or area enclosed by a dangerous to human life or is connections and prohibited highway. T.C.C. 4221 (a)(4) wall not less than 6 feet in height. detrimental to health discharges T.C.C. 4901 T.C.C. 4312 (d)(3)(a) T.C.C. 5502 (b) O 17. Other: O 18. Other: Corrective Action(s): ATTACHMENT H 05/21/2012 14:23 FAX Kim Thu Thi Nguyen OC MEDICAL SPA 17542 Irvine Blvd., #A Tustin, CA 92780 May 18, 2012 City Clerk CITY OF TuSTIN 300 Centennial Way Tustin, CA 92780 Z002/004 CITY OF TUSTIN 2011 MAY 18 A 11, 33 Re: Notice OfAppkeal and Appeal of Decision Of Elizabeth A. Binsack, Community Development Director, C10 Of Tustin in re Business License # 99,9609 70 To the Honorable City Clerk of the City of Tustin: Please accept this letter as notice of appeal and appeal of the recent decision by Elizabeth A. Binsack, Community Development Director deeming invalid the above referenced business license, granted to OC Medical Spa by the City of Tustin (Business License Number: 99060970). DECISIONAPPEALED FROM. I respectfully appeal the above referenced decision by Ms. Binsack purportedly deeming to invalidate the business license of OC Medical Spa, Business License Number 99060970. SPECIFICACTIONSOttGHTBYAPP.ELLANT.- That the business license issued to OC Medical Spa continue in full force and effect without interruption. REASONS WHY TMEACTION TAKENSHOULD BE MODIFIED OR REVERSED: On or about August 8, 2011, OC Medical Spa applied for, and was ultimately granted, a City of Tustin business permit to operate Chiropractic, Massage Therapy, and Skin Care, A City of Tustin Business Permit Application was fully completed and was evaluated by the City of Tustin with the ultimate result of the issuance Of a permit. All requested information was provided to the City and I sought to comply with all of the requirements of good business practice as well as applicable laws and regulations. On May 8, 2012, the Tustin Police Department arrested Oanh Thi Nguyen at OC Medical Spa for, I understand it, suspicion of prostitution e as . This troubled me greatly as any such behavior was without my knowledge or consent and had been specifically prohibited by me when I opened the Spa months before. Upon her arrest, and notwithstanding her protestations that she had done nothing inappropriate, I immediately terminated all professional connections with Ms. Oanh Thi Nguyen; she no longer works at OC Medical Spa. That being said, I understand that she maintains that any allegation that she engaged in inappropriate behavior is untrue and that the matter is currently pending in the Courts with no resolution. Several days later, I received a letter dated May 10, 2012, from Ms. Binsack advising me that she was deeming the above referenced business license as invalid for two reasons: (1) Because the information provided in my original business license application allegedly did not contain an accurate description of the nature of the business being Conducted, and (2) Because the business being conducted was allegedly unlawful. 05/21/2012 14:23 FAX 003/004 Please know that, as to issue # 1, the entirety of the original business license application is accurate. Therein, I stated that the description of the business was "Chiropractor, Massage Therapist & skin Care." This is a complete and accurate description of the business conducted at OC medical Spa. While OC Medical Spa is young, and has only been in operation for about one half of a year, all three activities (Chiropractic, Massage Therapy, and Skin care) are conducted, and nothing else. I have Personally made it clear to all therapists that they are to conduct themselves with the height of propriety and to follow all laws and regulations. All of the therapists are fully licensed and appropriately educated. At present, two licensed Chiropractors operate Out of OC Medical Spa: Lee Oliva, DC and Javad Najib, DC. One or both of them are present nearly every hour Of our operation. Additionally, we have a licensed Cosmetologist that offers skin care services, Kim Anh T. Pham, license number KK 396904. 1 have a clean record and all professionals associated with OC Medical Spa have a clean record. Even Ms. 0anh Thi Nguyen, prior to her arrest on May 8th, had a clean record and I had no reason to suspect that she would engage in any inappropriate or unlawful activity. To the extent that Ms. 0anh Thi Nguyen engaged in any inappropriate or unlawful activity, it was without my knowledge and against my "press instructions. Moreover, I immediately terminated her employment and Can ensure that all therapists know and will continue to know that we have a zero tolerance policy on illegal activity, I run a clean business and can assure You that I will make all efforts to ensure that OC Medical Spa continues to be a clean business and a credit to the City of Tustin. The reasons why OC Medical Spa should be permitted to continue operating without interruption include-, (1) The business license application accurately described the nature of the business conducted at OC Medical Spa; (2) All professionals had been advised that their activities must be consistent with good, legal, business practices and that any illegal activity was expressly prohibited; (3) Any inappropriate activity by Oanh Thi Nguyen was without my knowledge or consent. She was terminated immediately when I learned of her arrest; (4) 1 have taken immediate action to eliminate any further potential violation of law or regulation. As mentioned above, I respectfully ask that the City of Tustin grant my appeal of any action against License Number 99060970. 1 understand that a hearing de novo will be granted and that I may present evidence and will be granted a full opportunity to show why the license should not be deemed invalid. I would appreciate and welcome such an opportunity. In the event that you deem it appropriate to Permit OC Medical Spa to continue without any interruption of its business license, I would also welcome that. hither way, please know that I will continue to endeavor to ensure that OC Medical Spa is a clean business and a credit to the City of Tustin. On a related note, Thursday afternoon May 17th, I received a visit from George Wiesingen, City of Tustin Inspector, Mr. Wiesingeri presented a "Notice of Violation/pre-Citatio'n Notice" ("Notice") to me and asked that I sign for its receipt, which I did. By its terms, the Notice stated that the violation 05/21/2012 14:24 FAX Z004/004 was "operating business license' and that I was to "cease operating immediately." I told Mr, Wiesingen that I would be shortly delivering a letter to the City appealing the aforementioned decision. In response he told me that I would have to remain closed until the hearing on the appeal. Is this correct, or may I continue to operate while I am awaiting the results of the hearing? As mentioned above, it is my intention to continue to operate a clean and creditable establishment. Thank you for your considerate attention to this matter. Very truly yours, Kim Thu Thi Nguyen ! l CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 4612 CA Codes (bpc:4600-4620) 4612. (a) (1) The holder of a certificate issued pursuant to this chapter shall have the right to practice massage, consistent with this chapter and the qualifications established by his or her certification, in any city, county, or city and county in this state and shall not be required to obtain any other license, permit, or other authorization, except as provided in this section, to engage in that practice. (2) Notwithstanding any other provision of law, a city, county, or city and county shall not enact an ordinance that requires a license, permit, or other authorization to provide massage for compensation by an individual who is certified pursuant to this chapter and who is practicing consistent with the qualifications established by his or her certification, or by a massage business or massage establishment that employs or uses only persons who are certified pursuant to this chapter to provide massage for compensation. No provision of any ordinance enacted by a city, or city and county that is in effect before the effective date of this chapter, and that requires a license, permit, or other authorization to provide massage for compensation, may be enforced against an individual who is certified pursuant to this chapter or against a massage business or massage establishment that employs or uses only persons who are certified pursuant to this chapter to provide massage for compensation. (3) Except as provided in subdivision (b), nothing in this section shall be interpreted to prevent a city, county, or city and county from adopting or enforcing any local ordinance that provides for reasonable health and safety requirements for massage establishments or businesses. Subdivision (b) shall not apply to any massage establishment or business that employs or uses persons to provide massage services who are not certified pursuant to this chapter. (b) (1) This subdivision shall apply only to massage establishments or businesses that are sole proprietorships, where the sole proprietor is certified pursuant to this chapter, and to massage establishments or businesses that employ or use only persons certified Pursuant to this chapter to provide massage services. For purposes of this subdivision, a sole proprietorship is a business where the owner is the only person employed by that business to provide massage services. (2) (A) Any massage establishment or business described in paragraph (1) shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified. (B) Nothing in this section shall preclude a city, county, or city and county from including in a local ordinance a provision that requires a business described in paragraph (1) to file copies or provide other evidence of the certificates held by the persons who are providing massage services at the business. (3) A city, county, or city and county may charge a massage business or establishment a business licensing fee, provided that the fee shall be no different than the fee that is uniformly applied to all other individuals and businesses providing professional services, as defined in subdivision (a) of Section 13401 of the Corporations Code. (4) Nothing in this section shall prohibit a city, county, or city and county from enacting ordinances, regulations, rules, requirements, restrictions, land use regulations, moratoria, conditional use permits, or zoning requirements applicable to an individual certified pursuant to this chapter or to a massage establishment or business that uses only individuals who are certified pursuant to this chapter to provide massage for Page I of 3 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=04001-05000&file=4600-4620 05/29/2012 CA Codes (bpc:4600-4620) compensation, provided that, unless otherwise exempted by this chapter, these ordinances, regulations, rules, requirements, restrictions, land Use regulations, moratoria, conditional use permits, and zoning requirements shall be no different than the requirements that are uniformly applied to all other individuals and businesses providing professional services, as defined in subdivision (a) of Section 13401 of the Corporations Code. No provision of any ordinance, regulation, rule, requirement, restriction, land use regulation, moratoria, conditional use permit, or zoning requirement enacted by a city, county, or city and county that is in effect before the effective date of this chapter, and that is inconsistent with this paragraph, may be enforced against an individual who is certified pursuant to this chapter or against a massage business or massage establishment that uses only individuals who are certified pursuant to this chapter to provide massage for compensation. (5) Local building code or physical facility requirements applicable to massage establishments or businesses shall not require additional restroom, shower, or other facilities that are not uniformly applicable to other professional or personal service businesses, nor shall building or facility requirements be adopted that (A) require unlocked doors when there is no staff available to ensure security for clients and massage staff who are behind closed doors, or (B) require windows that provide a view into massage rooms that interfere with the privacy of clients of the massage business. (6) A city, county, or city and county may adopt reasonable health and safety requirements with respect to massage establishments or businesses, including, but not limited to, requirements for cleanliness of massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided that nothing in this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter. (7) Nothing in this section shall preclude a city, county, or city and county from doing any of the following: (A) Requiring an applicant for a business license to operate a massage business or establishment to fill out an application that requests the applicant to provide relevant information. (B) Making reasonable investigations into the information so provided. (C) Denying or restricting a business license if the applicant has provided materially false information. (c) An owner or operator of a massage business or establishment subject to subdivision (b) shall be responsible for the conduct of all employees or independent contractors working on the premises of the business. Failure to comply with this chapter may result in revocation of the owner's or operator's certificate in accordance with Section 4603. Nothing in this section shall preclude a local ordinance from authorizing suspension, revocation, or other restriction of a license or permit issued to a massage establishment or business if violations of this chapter, or of the local ordinance, occur on the business premises. (d) Nothing in this section shall preclude a city, county, or city and county from adopting a local ordinance that is applicable to massage businesses or establishments described in paragraph (1) of subdivision (b) and that does either of the following: (1) Provides that duly authorized officials of the city, county, or city and county have the right to conduct reasonable inspections, during regular business hours, to ensure compliance with this Page 2 of 3 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 05/29/2012 CA Codes (bpc:4600-4620) chapter, the local ordinance, or other applicable fire and health and safety requirements. (2) Requires an owner or operator to notify the city, county, or city and county of any intention to rename, change management, or convey the business to another person. (e) Nothing in this chapter shall be construed to preclude a city, county, or city and county from requiring a background check of an owner or operator of a massage establishment who owns 5 percent or more of a massage business or massage establishment and who is not certified pursuant to this chapter. The background check may consist of an application that requires the applicant to state information, including, but not limited to, the applicant's business, occupation, and employment history for the five years preceding the date of application, the inclusive dates of same, and the name and address of any massage business or other like establishment owned or operated by any person who is subject to the background check requirement of this subdivision. Page 3 of 3 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 05/29/2012 ATTACHMENT J CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 4600 -4613 CA Codes (bpc:4600-4620) 4600. As used in this chapter, the following terms shall have the following meanings: (a) "Approved school" or "approved massage school" means a school approved by the council that meets minimum standards for training and curriculum in massage and related subjects and that meets any of the following requirements: (1) Is approved by the Bureau for Private Postsecondary Education. (2) is approved by the Department of Consumer Affairs. (3) Is an institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following: (A) A public institution. (B) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110 ' ) of Division 2 of Title 1 of the Corporations Code, and that is not managed by any entity for profit. (C) A for-profit institution. (D) An institution that does not meet all of the criteria in subparagraph (B) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, and that is not managed by any entity for profit. (4) Is a college or university of the state higher education system, as defined in Section 100850 of the Education Code. (5) IS a school of equal or greater training that is recognized by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education. (b) "Compensation" means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. (c) "Massage therapist," "bodyworker," "bodywork therapist," or "massage and bodywork therapist" means a person who is certified by the California Massage Therapy Council under subdivision (c) of Section 4601 and who administers massage for compensation. (d) "Massage practitioner," "bodywork practitioner," or "massage and bodywork practitioner" means a person who is certified by the California Massage Therapy Council under subdivision (b) of Section 4601 and who administers massage for compensation. (e) "Council" means the California Massage Therapy Council created pursuant to this chapter, which shall be a nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. The council may commence activities as authorized by this section once it has submitted a request to the Internal Revenue Service seeking this exemption. Whenever the term "organization" is used in this chapter, it shall mean the council, except where the context indicates otherwise. (f) "Registered school" means a school approved by the council that meets minimum standards for training and curriculum in massage and related subjects and that either is approved by the Bureau for Private Postsecondary Education or the Department of Consumer Affairs, or is an institution accredited by the senior Commission or the junior Commission of the Western Association of Schools and Colleges as defined in paragraph (3) of subdivision (a), is a college or university of the state higher education system as defined in Section 100850 of the Education Code, or is a school of equal or greater training that is approved by the corresponding agency in another state. (g) For purposes of this chapter, the terms "massage" and Page I of 11 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) "bodywork" shall have the same meaning. 4600.5. (a) The California Massage Therapy Council, as defined in subdivision (e) of Section 4600, shall be created and shall have the responsibilities and duties set forth in this chapter. The council may take any reasonable actions to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff and entering into contracts. (b) (1) The council shall be governed by a board of directors made up of two representatives selected by each professional society, association, or other entity, whose membership is comprised of massage therapists and that chooses to participate in the council. To qualify, a professional society, association, or other entity shall have a dues-paying membership in California of at least 1,000 individuals for the last three years, and shall have bylaws that require its members to comply with a code of ethics. The board of directors shall also include each of the following persons: (A) One member selected by each statewide association of private postsecondary schools incorporated on or before January 1, 2010, whose member schools have together had at least 1,000 graduates in each of the previous three years from massage therapy programs meeting the approval standards set forth in subdivision (a) of Section 4600, except from those qualifying associations that choose not to exercise this right of selection. (B) One member selected by the League of California Cities, unless that entity chooses not to exercise this right of selection. (C) One member selected by the California State Association of Counties, unless that entity chooses not to exercise this right of selection. (D) One member selected by the Director of Consumer Affairs, unless that entity chooses not to exercise this right of selection. (E) One member appointed by the Office of the Chancellor of the California Community Colleges, unless that entity chooses not to exercise this right of selection. The person appointed, if any, shall not be part of any massage therapy certificate or degree program. The council's bylaws shall establish a process for appointing other professional directors as determined by the board. (2) The initial board of directors shall establish the council, initiate the request for tax-exempt status from the Internal Revenue Service, and solicit input from the massage community concerning the operations of the council. The initial board of directors, in its discretion, may immediately undertake to issue the certificates authorized by this chapter after adopting the necessary bylaws or other rules, or may establish by adoption of bylaws the permanent governing structure prior to issuing certificates. (c) The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees shall be established by the board of directors annually. (d) The meetings of the council shall be subject to the rules Of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). 4601. (a) The council shall issue a certificate under this chapter to an applicant who satisfies the requirements of this chapter. (b) (1) In order to obtain certification as a massage Page 2 of 11 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) practitioner, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements: (A) The applicant is 18 years of age or older. (B) The applicant has successfully completed, at a single approved school, curricula in massage and related subjects totaling a minimum of 250 hours that incorporates appropriate school assessment of student knowledge and skills. Included in the hours shall be instruction addressing anatomy and physiology, contraindications, health and hygiene, and business and ethics, with at least 100 hours of the reauired minimum 250 hours devoted to these curriculum areas. (C) All fees required by the council have been paid. (2) New certificates shall not be issued pursuant to this subdivision after December 31, 2015. Certificates issued pursuant to this section or subdivision (a) or (c) of Section 4604 on or before December 31, 2015, shall, after December 31, 2015, be renewed without any additional educational requirements, provided that the certificate holder continues to be qualified pursuant to this chapter. (c) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements: (1) The applicant is 18 years of age or older. (2) The applicant satisfies at least one of the following requirements: (A) He or she has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours. Of this 500 hours, a minimum of 250 hours shall be from approved schools. The remaining 250 hours required may be secured either from approved or registered schools, or from continuing education providers approved by, or registered with, the council or the Department of Consumer Affairs. After December 31, 2015, applicants may only satisfy the curricula in massage and related subjects from approved schools. (B) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards, and that is approved by the board. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates. (3) All fees required by the council have been paid. (d) The council shall issue a certificate to an applicant who meets the other qualifications of this chapter and holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. The council shall have discretion to give credit for comparable academic work completed by an applicant in a program outside of California. (e) An applicant applying for a massage therapist certificate shall file with the council a written application provided by the council, showing to the satisfaction of the council that he or she meets all of the requirements of this chapter. (f) Any certification issued under this chapter shall be subject to renewal every two years in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a license. (g) (1) The council shall have the responsibility to determine that the school or schools from which an applicant has obtained the education required by this chapter meet the requirements of this chapter. If the council has any reason to question whether or not the Page 3 of 11 http://www.leginf6.ea.gov/cgi-bin/displaycode?section=bpc&group=04001-05000&flle=4600-462O 06/04/2012 CA Codes (bpc:4600-4620) applicant received the education that is required by this chapter from the school or schools that the applicant is claiming, the council shall investigate the facts to determine that the applicant received the required education prior to issuing a certificate. (2) For purposes of paragraph (1) and any other provision of this chapter for which the council is authorized to receive factual information as a condition of taking any action, the council shall have the authority to conduct oral interviews of the applicant and others or to make any investigation deemed necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. 4601.2. No certificates shall be issued by the organization pursuant to this chapter prior to September 1, 2009. 4601.3. (a) Prior to issuing a certificate to the applicant or designating a custodian of records, the council shall require the applicant or the custodian of records candidate to submit fingerprint images in a form consistent with the requirements of this section. The council shall submit the fingerprint images and related information to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state and federal level convictions and of state and federal level arrests for which the Department of Justice establishes that the applicant or candidate was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. The Department of Justice shall review the information returned from the Federal Bureau of Investigation, and shall compile and disseminate a fitness determination regarding the applicant or candidate to the council. (b) The Department of Justice shall provide information to the council pursuant to subdivision (p) of Section 11105 of the Penal Code. (c) The Department of Justice and the council shall charge a fee sufficient to cover the cost of processing the request for state and federal level criminal offender record information. (d) The council shall request subsequent arrest notification service from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for all applicants for licensure or custodian of records candidates for whom fingerprint images and related information are submitted to conduct a search for state and federal level criminal offender record information. (e) This section shall become operative September 1, 2009. 4601.4. Council directors, employees, or volunteer individuals may undergo the background investigation process delineated in Section 4601.3. 4602. (a) The council may discipline a certificate holder by any, or a combination, of the following methods: (1) Placing the certificate holder on probation. Page 4 of 11 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) (2) Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year. (3) Revoking the certificate. (4) Suspending or staying the disciplinary order, or portions of it, with or without conditions. (5) Taking other action as the council, as authorized by this chapter or its bylaws, deems proper. (b) The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant. (c) (1) Notwithstanding any other provision of law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in subdivision (h) of Section 4603, the council shall take all of the following actions: (A) immediately suspend, on an interim basis, the certificate of that certificate holder. (B) Notify the certificate holder within 10 days at the address last filed with the council that the certificate has been suspended, and the reason for the suspension. (C) Notify any business within 10 days that the council has in its records as employing the certificate holder that the certificate has been suspended. (2) Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the suspended certificate shall become subject to permanent revocation. The council shall provide notice to the certificate holder within 10 days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days that the conviction is either invalid or that the information is otherwise erroneous. (3) Upon notice that the charges have resulted in an acquittal, or have otherwise been dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any business that received notice pursuant to subparagraph (C) of paragraph (1) shall be notified of the reinstatement within 10 days. 4602.5. (a) Upon the request of any law enforcement agency or any other representative of a local government agency with responsibility for regulating, or administering a local ordinance relating to, massage or massage businesses, the council shall provide information concerning a certificate holder, including, but not limited to, the current status of the certificate, any history of disciplinary actions taken against the certificate holder, the home and work addresses of the certificate holder, and any other information in the council's possession that is necessary to verify facts relevant to administering the local ordinance. (b) The council shall accept information provided by any law enforcement agency or any other representative of a local government agency with responsibility for regulating, or administering a local ordinance relating to, massage or massage businesses. The council shall have the responsibility to review any information received and to take any actions authorized by this chapter that are warranted by that information. Page 5 of 11 http:/lwww.lelc,info.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) 4603. It is a violation of this chapter for a certificate holder to commit, and the council may deny an application for a certificate or discipline a certificate holder for, any of the following: (a) Unprofessional conduct, including, but not limited to, denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a certificate holder by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, or judgment shall be conclusive evidence of these actions. (b) Procuring a certificate by fraud, misrepresentation, or mistake. (c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any rule or bylaw adopted by the council. (d) Conviction of any felony, or conviction of a misdemeanor that is substantially related to the qualifications or duties of a certificate holder, in which event the record of the conviction shall be conclusive evidence of the crime. (e) Impersonating an applicant or acting as a proxy for an applicant in any examination referred to under this chapter for the issuance of a certificate. (f) Impersonating a certified practitioner or therapist, or permitting or allowing an uncertified person to use a certificate. (g) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder. (h) Committing any act punishable as a sexually related crime. 4603.1. (a) No certificate holder or certificate applicant may be disciplined or denied a certificate pursuant to Section 4603 except according to procedures satisfying the requirements of this section. A denial or discipline not in accord with this section or subdivision (c) of Section 4602 shall be void and without effect. (b) Any certificate applicant denial or certificate holder discipline shall be done in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (c) is fair and reasonable, but a court may also find other procedures to be fair and reasonable when the full circumstances of the certificate denial or certificate holder discipline are considered. (c) A procedure is fair and reasonable when the procedures in subdivision (c) of Section 4602 are followed, or if all of the following apply: (1) The provisions Of the procedure have been set forth in the articles or bylaws, or copies of those provisions are sent annually to all the members as required by the articles or bylaws. (2) It provides the giving of 15 days prior notice of the certificate denial or certificate holder discipline and the reasons therefor. (3) It provides an opportunity for the certificate applicant or certificate holder to be heard, orally or in writing, not less than five days before the effective date of the certificate denial or certificate holder discipline by a person or body authorized to decide that the proposed certificate denial or certificate holder discipline not take place. Page 6 of 11 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) (d) Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class or certified mail sent to the last address of the certificate applicant or certificate holder shown on the council's records. (e) Any action challenging a certificate denial or certificate holder discipline, including any claim alleging defective notice, shall be commenced within one year after the date of the certificate denial or certificate holder discipline. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances. (f) This section governs only the procedures for certificate denial or certificate holder discipline and not the substantive grounds therefor. A certificate denial or certificate holder discipline based upon substantive grounds that violates contractual or other rights of the member or is otherwise unlawful is not made valid by compliance with this section. (g) The council shall be sued only in the county of its principal office. 4603.5. It shall be the responsibility of any certificate holder to notify the council of his or her home address, as well as the address of any business establishment where he or she regularly works as a massage therapist or massage practitioner, whether as an employee or as an independent contractor. A certificate holder shall notify the council within 30 days of changing either his or her home address or the address of the business establishment where he or she regularly works as a massage therapist or massage practitioner. 4603.7. A certificate holder shall include the name under which he or she is certified and his or her certificate number in any and all advertising and shall display his or her certificate at his or her place of business. 4604. (a) Notwithstanding Section 4601, the council may grant a massage practitioner certificate to any person who applies on or before January 1, 2012, with one of the following: (1) A current valid massage permit or license from a California city, county, or city and county and documentation evidencing that the person has completed at least a 100-hour course in massage at an approved or registered school, or out-of-state school recognized by the council as providing comparable education, has been practicing for at least three years, and has provided at least 1,000 hours of massage to members of the public for compensation. (2) Documentation evidencing that the person has completed at least a 100-hour course in massage at an approved or registered school, or out-of-state school recognized by the council as providing comparable education, has been practicing for at least three years, and has provided at least 1,750 hours of massage to members of the public for compensation. For purposes of this subdivision, evidence of practice shall include either of the following: (A) A W-2 form or employer's affidavit containing the dates of the applicant's employment. (B) Tax returns indicating self-employment as a massage practitioner or massage therapist or any other title that may demonstrate experience in the field of massage. Page 7 of 11 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=04001-05000&flle=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) (3) Documentation evidencing that the person holds a current valid certificate of authorization as an instructor at an approved massage school, or holds the position of a massage instructor at a school accredited by an agency recognized by the United States Department of Education, or colleges and universities of the state higher education system, as defined in Section 100850 of the Education Code. (b) (1) After reviewing the information submitted under subdivision (a), the council may require additional information necessary to enable it to determine whether to issue a certificate. (2) If an applicant under paragraph (1) of subdivision (a) or paragraph (1) of subdivision (c) has not complied with Section 4601.3, or its equivalent, when obtaining a license or permit from the city, county, or city and county, the council shall require the applicant to comply with Section 4601.3 prior to issuing a certificate pursuant to this section. (c) (1) A person applying for a massage practitioner certificate on or before January 1, 2012, who meets the educational requirements of either paragraph (1) or (2) of subdivision (a), but who has not completed the required number of practice hours prior to submitting an application pursuant to this section, may apply for a conditional certificate. (2) An applicant for a conditional certificate shall, within five years of being issued the conditional certificate, be required to complete at least 30 hours of additional education per year from schools or courses described in paragraph (5) until he or she has completed a total of at least 250 hours of education, which may include massage education hours previously completed in a massage course described in either paragraph (1) or (2) of subdivision (a). (3) Upon successful completion of the requirements of this subdivision, the council shall issue a certificate to the person that is not conditional. (4) A conditional certificate issued to any person pursuant to this subdivision shall immediately be nullified, without need for further action by the council, if the time period specified in paragraph (2) expires without proof of completion of the requirements having been filed with the council. (5) Any additional education required by this section may be completed through courses provided by any of the following: (A) An approved school. (B) A registered school. (C) A provider approved by, or registered with, the council or the Department of Consumer Affairs. (D) A provider that establishes to the satisfaction of the council that its course or courses are appropriate educational programs for this purpose. (d) Nothing in this section shall preclude the council from exercising any power or authority conferred by this chapter with respect to a conditional certificate holder. 4605. It is an unfair business practice for any person to state or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that he or she is certified, registered, or licensed by a governmental agency as a massage therapist or massage practitioner. 4606. It is an unfair business practice for any person to hold Page 8 of 11 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) oneself out or use the title of "certified massage therapist" or "certified massage practitioner" or any other term, such as "licensed," "registered," or "CMT," that implies or suggests that the person is certified as a massage therapist or practitioner without meeting the requirements of Section 4601 or 4604. 4607. The superior court in and for the county in which any person acts as a massage practitioner or massage therapist in violation of the provisions of this chapter, may, upon a petition by any person, issue an injunction or other appropriate order restraining the conduct. The proceedings under this paragraph shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. 4608. Nothing in this chapter is intended to limit or prohibit a person who obtains a certification pursuant to this chapter from providing services pursuant to, and in compliance with, Sections 2053.5 and 2053.6. 4612. (a) (1) The holder of a certificate issued pursuant to this chapter shall have the right to practice massage, consistent with this chapter and the qualifications established by his or her certification, in any city, county, or city and county in this state and shall not be required to obtain any other license, permit, or other authorization, except as provided in this section, to engage in that practice. (2) Notwithstanding any other provision of law, a city, county, or city and county shall not enact an ordinance that requires a license, permit, or other authorization to provide massage for compensation by an individual who is certified pursuant to this chapter and who is practicing consistent with the qualifications established by his or her certification, or by a massage business or massage establishment that employs or uses only persons who are certified pursuant to this chapter to provide massage for compensation. No provision of any ordinance enacted by a city, county, or city and county that is in effect before the effective date of this chapter, and that requires a license, permit, or other authorization to provide massage for compensation, may be enforced against an individual who is certified pursuant to this chapter or against a massage business or massage establishment that employs or uses only persons who are certified pursuant to this chapter to provide massage for compensation. (3) Except as provided in subdivision (b), nothing in this section shall be interpreted to prevent a city, county, or city and county from adopting or enforcing any local ordinance that provides for reasonable health and safety requirements for massage establishments or businesses. Subdivision (b) shall not apply to any massage establishment or business that employs or uses persons to provide massage services who are not certified pursuant to this chapter. (b) (1) This subdivision shall apply only to massage establishments or businesses that are sole proprietorships, where the sole proprietor is certified pursuant to this chapter, and to massage establishments or businesses that employ or use only persons certified pursuant to this chapter to provide massage services. For purposes of this subdivision, a sole proprietorship is a business Page 9 of 11 http://www.leginfo.ca.gov/cgi-binldisi)lavcode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) where the owner is the only person employed by that business to provide massage services. (2) (A) Any massage establishment or business described in paragraph (1) shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified. (B) Nothing in this section shall preclude a city, county, or city and county from including in a local ordinance a provision that requires a business described in paragraph (1) to file copies or provide other evidence of the certificates held by the persons who are providing massage services at the business. (3) A city, county, or city and county may charge a massage business or establishment a business licensing fee, provided that the fee shall be no different than the fee that is uniformly applied to all other individuals and businesses providing professional services, as defined in subdivision (a) of Section 13401 of the Corporations Code. (4) Nothing in this section shall prohibit a city, county, or city and county from enacting ordinances, regulations, rules, requirements, restrictions, land use regulations, moratoria, conditional use permits, or zoning requirements applicable to an individual certified pursuant to this chapter or to a massage establishment or business that uses only individuals who are certified pursuant to this chapter to provide massage for compensation, provided that, unless otherwise exempted by this chapter, these ordinances, regulations, rules, requirements, restrictions, land use regulations, moratoria, conditional use permits, and zoning requirements shall be no different than the requirements that are uniformly applied to all other individuals and businesses providing professional services, as defined in subdivision (a) of Section 13401 of the Corporations Code. No provision of any ordinance, regulation, rule, requirement, restriction, land use regulation, moratoria, conditional use permit, or zoning requirement enacted by a city, county, or city and county that is in effect before the effective date of this chapter, and that is inconsistent with this paragraph, may be enforced against an individual who is certified pursuant to this chapter or against a massage business or massage establishment that uses only individuals who are certified pursuant to this chapter to provide massage for compensation. (5) Local building code or physical facility requirements applicable to massage establishments or businesses shall not require additional restroom, shower, or other facilities that are not uniformly applicable to other professional or personal service businesses, nor shall building or facility requirements be adopted that (A) require unlocked doors when there is no staff available to ensure security for clients and massage staff who are behind closed doors, or (B) require windows that provide a view into massage rooms that interfere with the privacy of clients of the massage business. (6) A city, county, or city and county may adopt reasonable health and safety requirements with respect to massage establishments or businesses, including, but not limited to, requirements for cleanliness of massage rooms, towels and 'Linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided that nothing in this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter. (7) Nothing in this section shall preclude a city, county, or city and county from doing any of the following: Page 10 of 11 http://www.leginfo.ca.gov/cgi-binldisplaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 CA Codes (bpc:4600-4620) (A) Requiring an applicant for a business license to operate a massage business or establishment to fill out an application that requests the applicant to provide relevant information. (B) Making reasonable investigations into the information so provided. (C) Denying or restricting a business license if the applicant has provided materially false information. (c) An owner or operator of a massage business or establishment subject to subdivision (b) shall be responsible for the conduct of all employees or independent contractors working on the premises of the business. Failure to comply with this chapter may result in revocation of the owner's or operator's certificate in accordance with Section 4603. Nothing in this section shall preclude a local ordinance from authorizing suspension, revocation, or other restriction of a license or permit issued to a massage establishment or business if violations of this chapter, or of the local ordinance, occur on the business premises. (d) Nothing in this section shall preclude a city, county, or city and county from adopting a local ordinance that is applicable to massage businesses or establishments described in paragraph (1) of subdivision (b) and that does either of the following: (1) Provides that duly authorized officials of the city, county, or city and county have the right to conduct reasonable inspections, during regular business hours, to ensure compliance with this chapter, the local ordinance, or other applicable fire and health and safety requirements. (2) Requires an owner or operator to notify the city, county, or city and county of any intention to rename, change management, or convey the business to another person. (e) Nothing in this chapter shall be construed to preclude a city, county, or city and county from requiring a background check of an owner or operator of a massage establishment who owns 5 percent or more of a massage business or massage establishment and who is not certified pursuant to this chapter. The background check may consist of an application that requires the applicant to state information, including, but not limited to, the applicant's business, occupation, and employment history for the five years preceding the date of application, the inclusive dates of same, and the name and address of any massage business or other like establishment owned or operated by any person who is subject to the background check requirement of this subdivision. 4613. (a) Nothing in this chapter shall restrict or limit in any way the authority of a city, county, or city and county to adopt a local ordinance governing any person who is not certified pursuant to this chapter. (b) Nothing in this chapter is intended to affect the practice rights of any person licensed by the state to practice or perform any functions or services pursuant to that license. Page 11 of 11 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=04001-05000&file=4600-4620 06/04/2012 ATTACHMENT K LETTER DATED MAY 21, 2412 Community Development Department T U S T I N May 22, 2012 OC Medical Spa Kim Thu Thi Nguyen 8952 Channing Ave Westminster, CA 92683 BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: APPEAL OF INVALID BUSINESS LICENSE — OC MEDICAL SPA Dear Ms. Nguyen: We have received your letter dated May 18, 2012, in which you request an appeal of the Community Development Director's May 10, 2012, decision determining that your business license to operate a massage, chiropractic, and skin care business at 17542 Irvine Blvd. Ste. A is invalid. Attached for your reference is a copy of Tustin City Code (TCC) Section 9294, which identifies the City's appeal procedures and other pertinent information. Pursuant to TCC Section 9294, notice is hereby given that your appeal has been scheduled for the June 12, 2012, Planning Commission meeting. The meeting starts at 7:00 p.m. in the City Council Chambers. A copy of the meeting agenda and the staff report for your appeal will be available no later than 72 hours prior to the scheduled meeting. Please contact Scott Reekstin, Senior Planner, at (714) 573-3016 if you have any questions regarding this matter. Sincerely, Elizabeth A. Binsack Community Development Director Attachment: Tustin City Code Section 9294 cc: Marc D. Wasserman, 12362 Beach Blvd., Suite 15, Stanton, CA 90680 SMScombusinessnC MMIcal Spa 1 752 Irvine Blvd invalid appeardoc 300 Centennial Way, Tustin, CA 92780 • P: (714) 573 -3100 • F (714) 57-3-3113 • www.tListinca.org Municode Page lOf- APPEALS a Appeal of Decisions of the Director of Community Development o[Zoning Administrator Any decision of the Director of Community Development or the Zoning Administrator may be appealed to the Planning Commission by any person. All appeals shall be filed with the City Clerk during normal business hours within ten (1O) calendar days of the date of the decision and ba accompanied bym deposit or fee ao required by City Council resolution or ordinance. All appeals shall be made in writing and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and reasons why the action taken by the Director ofCommunity Development orthe Zoning Administrator should be modified or reversed. Timely filing of written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved. A public hearing date shall be set within sixty (60) calendar days of filing of the appeal for Planning Commission consideration of the matter. The hearing shall be de novo and the Planning Commission may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Director of Community Development or the Zoning Administrator for further proceedings in accordance with directions of the Planning Commission. b Appeal of Planning Connnniegkon Any decision of the Planning Commission may be appealed to the City Council by any person. All appeals shall be filed with the City Clerk during normal business hours within ten (10) calendar days of the date of the decision and accompanied by a deposit or fee as required by City Council resolution or ordinance. All appeals shall be made inwriting and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the action taken by the Planning Commission should be modified or reversed. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted, and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved. A public hearing date shall be set within sixty (60) calendar days of filing of the appeal for City Council consideration of the matter. The hearing shall be de novo and the City Council shall approve, approve with conditions, or disapprove the matter in accordance with this Code orremand the matter to the Planning Commission for further proceedings in accordance with directions of the City Council. A decision of the City Council on such appeal shall be final. Request for Hearing bvaMember of the City Council In lieu of the provisions of subsection b of this Section, any decision of the Planning Commission may be set for public hearing at the request of a member of the City Council. A Request for Hearing shall be filed with the City Clerk during normal business hours within the (10) calendar days of the date of the decision. The Request for Hearing shall be made in writing and shall specify the affected decision and the reason for the Request for a Hearing. Timely filing of a Request for Hearing shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the hearing has been conducted and the City Council takes action on the matter. The City Clerk shall set a public hearing date within sixty (60) calendar days of filing the Request for Hearing. The hearing shall be de novo and the City Council may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Planning Commission for further proceedings in accordance with directions of the City Council. A decision of the City Council at the conclusion of hearing pursuant !o this subsection shall bafinal. ATTACHMENT L RESOLUTION NO. 4198 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR TO DEEM THE BUSINESS LICENSE FOR OC MEDICAL SPA INVALID. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That on July 27, 2011, and August 12, 2011, the City of Tustin received massage establishment permit applications from Ms. Kim Thu Thi Nguyen as owner and Dr. Lee Oliva as operator of a massage establishment to be located at 17542 Irvine Blvd., Suite A. B. That in September of 2011, the City of Tustin issued the massage establishment permit to Ms. Nguyen as owner and Dr. Oliva as operator of OC Medical Spa. C. That in September of 2011, the City of Tustin issued a business license to OC Medical Spa. D. That the massage establishment permit for OC Medical Spa expired on January 31, 2012, and was not renewed. E. That between February 1, 2012, and May 17, 2012, OC Medical Spa was operating without the benefit of the required message establishment permit. F. That the Tustin Police Department conducted an undercover investigation of OC Medical Spa on May 8, 2012, and observed no chiropractic services being offered and made an arrest for prostitution. G. That on May 10, 2012, the Community Development Director deemed the business license for OC Medical Spa invalid due to the original business license application not containing an accurate description of the nature of the business being conducted, and because the business being conducted was unlawful. H. That on May 17, 2012, a Notice of Violation/Pre-Citation Notice was issued to Ms. Nguyen for operating without a business license. I. That on May 18, 2012, Ms. Nguyen submitted an appeal of the Director's decision. J. That at least ten days prior to the hearing, a notice was mailed to the appellant, notifying her of the date, time, and place of the hearing. K. That California Business and Professions Code Section 4612(c) and Tustin City Code Section 3669 hold the owner and operator of a massage Resolution No. 4198 Page 2 establishment responsible for the conduct of all employees and independent contractors working on the premises of the business, whether or not the owner or operator is aware of the conduct. L. That the Planning Commission held a hearing on the appeal of the Community Development Director's decision to deem the business license for OC Medical Spa invalid at a duly noticed, regular meeting on June 12, 2012. M. That this appeal is Categorically Exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. II. That after consideration of the evidence contained in the Planning Commission Agenda Report dated June 12, 2012, including all attachments, attached hereto, the Planning Commission hereby denies the appeal and upholds the decision of the Community Development Director to deem the business license for OC Medical Spa to be invalid. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin, held on the 12th day of June, 2012. CHUCK PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4198 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of June, 2012. ELIZABETH A. BINSACK Planning Commission Secretary