HomeMy WebLinkAboutPC RES 4198RESOLUTION 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.
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.
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
Tustin, held on the 12th day of June, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
of the Planning Commission of the City of
CHARLES E. PUCKETT
Chairperson
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
"na
OF RESOLUTION NO. 4198
�v
TO PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
Ott• ResolUtion No. 4198 denying the appeal and upholding the decision of the
u* Development Director determining the business license issued to the OC
Medical Spa to be invalid.
AUTHORITY:
Pursuant to Tustin City Code Section 2512g, any person may appeal any decision of the
Director (with respect to a business license) in accordance With Tustin City Code Section
9294.
PC Report
June 12, 2012
Page 2
PM
On July 27, 2011, and August 12, 2011, the City of Tustin received massa,
establishment permit applications (Attachment A) from Ms. Kim Thu Thi Nguyen
swrier and Dr. Lee Oliva as operator of a massage establishment to be located
17542 Irvine Blvd., Ste. A. i
In September of 2011, the City of Tustin issued the massage establishment permit
(Attachment B) to Ms. Nguyen as owner and Dr. Oliva as operator of OC Medical Spa.
In conjunction with the massage establishment permit, the City of Tustin also issued a
business license (Attachment C) to OC Medical Spa, which was described in the
business license application (Attachment D) as a massage, chiropractic, and skin care
business.
Pursuant • Tustin City Code Section 3731, massage establishment permits shall be
valid from the date of approval by the City until January 31 • the following calendar
year, and shall be renewed annually on or before January 31. The massage
establishment permit for OC Medical Spa expired on January 31, 2012, and was not
renewed.
In response • information received regarding alleged unlawful activity, the Tustin Police
Department conducted an undercover investigation of • Medical Spa on May 8, 2012,
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 • the investigation.
17-
PC Report
June 12, 2012
Scoff Reekstin Elizabeth A. Binsack
Senior Planner Director of Community Development
Z�
S:\Cdd\PCREPORT\Business License Appeal OC Medical Spa.doc
ATTACHMENT A
MASSAGE ESTABLISHMENT PERMIT APPLICATIONS
ONE
FIN
14 D- 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 actiiity must be included with this
application and the application fee.
PLEASE PRINT OR TYPE
Name of Applicant -1
Name of Business (if applicable)
Business Address I L )
Name of Business Operator
Applicant's Driver's License Number
Applicant's Residence Address
Residence Owner Name
Business
Telephone
Title ('-'-
Applicant's Home
Telephone
i (-:.. A
Please describe fully the business or event to be conducted (attach additional
information if necessary):
Hours of Operation (Hours) Iq (Days)
,+ -- - - - - - - - - - --
I— — — — — — — — — — *,—
Have you ever been convicted of a felony?
Yes `
If Yes, rill in the information below:
If you are the business owner, has any operator or employee of the business ever been
convicted of a felony?
0 yes No If yes, rill in the information below:
Date
of Place of Ulu—
Name Address here -�hhen I
I Birth Birth When I
Where vic7
Convicted on: t]ed I
--------------------------------------------
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
(Retur to the
City of Tustin Business License Desk, 300 Centennial . .. ....
Tusitin, CA 92780
FOR OFFICE USE ONLY
t , I
Date Received Permit Type ,
q 1�1 I f
I i 5-,� . Amount -1 U How Paidj '�(\ Initials
CITY OF TUSTIN
MASSAGE ESTABLISHMENT PERMIT SUPPLEMENTAL APPLICATIO�
PLEASE CHECK APPLICABLE BOX OR BOXES
❑ CHECK HERE IF RENEWAL
MASSAGE ESTABLISHMENT PERMIT - OWNER
❑ 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 ,j U I Middle
List All Names (Include Aliases, Nicknames, and/or Maiden Names) t-Y
Home Address
go
city 737 Stat t!' A Zip TPhone (Residence and Call)
Dat 1- 1
Place Of Birth (City, State, and Country) U.S. Citizen
--') I L - \J I Cl Yes (@--NO
Sex Height Welgh� 0 Hair Eyes
'�;
[j Male [SFemale . I P-) I
driver' License No. State Social Security No. Other Licenses Held
CA
PART 2. NAME OF MASSAGE ESTABLISHMENT
Name of Message Establishment to be Owned and/or Opera
Business Na Owner's Nam - I I
I Vn'
Business Address
' Business Phone,,
I
icill -Tue4l' State o I 13-A ZIP �
PART 3: PRIOR ADDRESSES
List in chronological order -
every address at which you have resided in the past eight (8) years.
From
Address
To
city 1!$Late
I ZIP
From
Address
To
Qty
State
;
ZIP
C4 of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
1
Massage Establishment Permit Supplemental Application
rues Ap; CMA-LUMENT HISTORY,
Begin with your most r9COM job and (1st Your work h n chronological order. Inckidj-1—n s
periods of unemp!z�= Pies" include an equence an
Previous Ornp"enk pan-urno
Obs within the past eight (a) years Immedia oreced no date of applicadon.
Name of Company L.-A Job Title
Supervisor's Name
From Employees Address
TO state ZIP Employer's Phone ;C
F
Name of Company Job Title Supervisor's Name
FroI m I e-, 46Ce Ni
t
Address
J� )- 6C Lu
TO I
city state ZIP Employer's Phone
Name of Company e: Job Title-
J�l Supervisor's Name
rom Employer's Address
o 1—t
0 city State- ZIP
Emplo yer's -Phone
Name of Company ►L Jo -A
k��n)To b Title Supervisor's Name
From Employees Address
City
State ZIP Employe s Phone
Name of Company Job Title Supervisor's Name
From Employer's Address
TO city State ZIP Employees Phone
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
2
Massage Establishment Permit Supplemental Application
Name of Company
job Title
Supervisor's Name L
From
Employer's Address
To
city
State
ZIP Employer's Phone
Name of Company
Job Title Supervisor's Name
From
Employer's Address
- FT0
--
city
State
ZIP
Employer's Phone
I
v-rr_-atnwr% A J292t If% A at
'ART'S: MAb4AUC Q1LRVVA-LU-A I I =ITA'
Specialty of Study
Name of School
t
School Address-, .0
State ZIP
School Phone
rCity
Houri 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
Slate
Zip
School Phone
Hours Comp leted
Dates (From - To)
Graduation Date
Additional Training or Experience (Use Back if Necessary).
I -
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
3
174785.1
T-4-
Massage Establishment Permit Supplemental Application
lot MCI I ILA114111ps, or omer I-rotessional Endorsements (Use Back if Necessary).
PART e. PERMIT HISTORY
List all licenses/permits to do business in California or
List all licenses /permits to to business 1 1
USi s'
elsewhere that you have previously held R applied ft
e
City: State Licei
0
Issued 0 t's I u jai
se ever Issued Oate Issued: Has this license ever been
[3 Revoked 03 Suspended
s Revoked Date or Dates of Suspension
From: Issuing Agency; From: To:
- N
U I have applied for/previously held no licenses or permits In any state to
conduct any type of business.
armit Type I License/Permit N07"""m�
L.J Sol." U%Al LiVIF111000 Denied by: (Issuing A Reason.
Oal� of ZPplicadon: —7
City: -- I — -- Agency)
I State License/Permit Type I License/Permit No
E U Issued Date is Has
this
license ever
begirt Reason;
Revoked Date o Dates Agency. From:
Date of Application:
PAR-r ?l*-'CR1M1NAi.kEe0R&,,`
List a" criminal ist 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
original 7 . CH NONE 0
nal Imst
OrIgjriall Arrest (Crime) Date Violation �, �,A�'Te—sVng Agency
Ci C
kReason &t4
4
h—dgirl'al Arrest Charon irrimpi I
PART 8. BUSINESS INFORMATION
Type of
Business
Partnership
For Sole You, the Applicant Name of Business as
Proprietorships must be the Sol* Appears on Fictitious
I Proprietor to submit Applicant,
I I - I
Only Application. Name Statement:
-- - - , I a ----
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
A
Massage Establishment Permit Supplemental Application
For Corporations vniy
Name of Corporation (as shown in
of
ate
For Qenerxt t t.imlted Partnersni s
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
174785.1
Massage Establishment Permit Supplemental Application
_ease 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
City v -'A
State
Zip f Phone
Other Businesses Operated
Does the Applicant operate any other
)0"
❑ Yes ❑ No
If es, for each business, provide the i
Name of Business
Address
on the same
if
City of Tustin, or the State
Of
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
6
Employee Information
State the full, true names and residence addresses of all persons employed, or intended to be employed,
or employees
as
technicians
Full Name
Positlon
Address
city ,'
FO LA
ZIP
4=
Full —N..
Position
-AM
city -- —State
<J 47er
ZIP
F
Full Name
Name
Position
Address l
rr I-)
state
7N P5,- 1,
Av-vi-
ZIP
FFull
Punwam-OT
Position
Address
(%
'Ity state
ZIP
Full Nam ii
Position
I
kxy state
��t On I Y1 VI 1
Full Name
1h" 1;'
Position
T(
ZIP
I
City State
ZIP
F un a
ull Name
Position
Address
4�
City
ty state
Grp 1
Other Businesses Operated
Does the Applicant operate any other
)0"
❑ Yes ❑ No
If es, for each business, provide the i
Name of Business
Address
on the same
if
City of Tustin, or the State
Of
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
6
Massage Establishment Permit Supplemental Application
PART 9: CERTIFICATION yT
u t
I hereby certify, under the penalty of perjury, that the information given is true and correct. I understand —1
providing false information or withholding information, including any criminal record, is grounds for denia� r
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.
(tlgriafure)
I (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 (20) in
size.
4. Driver's license or photograph Identification (issued by governmental agency).
5. Social Security Card.
6. Allen 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
!74785.1
TOM DALY Recorded in 0'IMcial Records, Orange COL101Y
`�'I ARK- RECORDER m Dal Clerkins -R ec Order
11 lid knis
12 CIVIC CENTER PLAZA 116276194 23.0o
, 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:
1 Fictitioue Business "ess NaMeM medical spa
1A X Mew Statement
EE '
��, sa, tats treet ddr ss Clfj�ts I �nncip, �pj,,e 0�f,
' 'ty to
$2. t use P.O. or P
(Oo not use P box or p,M,13.)
0 0 a tu,
17542 irvino blvd b # a tustin, ca 92780 ORANGE
Refits - list Previous No,
3. Full name of Registered Owner (It Corporation, enter corporation name)
I kirn thu thl nguyen
use a F,
17542 Irvine blvd
FINE
MUNI
(CHECK ONE ONLY) This business is conducted by: IT
I ua
(CHECK
Xan individual a general partnership a limited Partnership
4. Ej F� F1
vi I
a corporation tjo
corpor7ation a Limited Liability Partnership F7 co-oartneri-
Have you started doing business yet?
11 Yes insert Date:
5, Ej No
9
tustin
(OpUonaly-
Business Phone No.714-83&8633
Change
If Corporation LLC
0
If Corporation LLC
State of incorporation
o or or allitto
r Organization
ca 92,780
a trust a state or local registered domestic partnership
Z
an unincorporated association other than a partnership
a husband and wife F7 a joint oint Y'o*nture
L I 17Limited Liability Co
;;—�w. i nix r1clillOus Business Name Statement expires I
res rive years from the date was riled In the office of
_11'he, County Clark-Recorder, The statement expires 40 days after any c4ongs in the facts is mods other than
a ,
a change in the residences address of the registered owner. A new Fictitious Business Name Statement
must be riled before either expiration. When ceasing to transact business under an active Fictitious
Business
, Susiness Name Statement, Abandonment shall be riled. The riling of this statement does not of itself
author" the use in this state of a Fictitious Business Name in violation of the rights Of another under
f
federal, state Or common law (see section 14411 at s"., Business and Professions Uud#)'
It the registered owner is NOT a corporation, sign below:
(See Instructions on the reverse side of this form)
Signature:
kim thu thi nguyen
YPO or Print Nam—e)
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,)
M I -
INE
1111 0 These fees apply at time of filing:
I
Filing fee $23.00 for one business name,
$7.00 for each additional business name
$7.00 for each additional partner after first two
If 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 UaDINEY L;Ompany/Corporatiorvpartnership 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
r- - ;rAPE }F "A LIFi^RNIA
;EPART MEN OF ;US Tit: E
,�.� 'sng 1,01 ev �ei41
I
' REQUEST FOR LIVE SCAN SERVICE
ppticant Submission
caw -2-2Z 0
ORI Code essrgnea by DOJ)
Authorized /kpplicant Typ
,ape of Icense erti cation/ ermit __ R Working Title CMax,mum 30 characters � -f assigned by Doi cse exact twe assigned
Cont
inrormatton:
Jsiln
Agency Authorized to Receive Criminal Record Information
n1
Street Address or P O. Box
city ate ZIFj Code
11[9111
Other Name
(AKA or lias) i
Pa e" Sex ❑ Male emale
elgi� 'ght Weeeeiht�' Eye Cary — air o or
I �r
Place of Birth (State or Country) So P.un'y uWer M
Home
Address btreet Address or . Box
Your Number:
OCA Number (Agency Identifying Number)
If re- submission, list original ATI number:
i127o
mail o e e -digit code as i ne y�ZSJr --
2 "2C q
Contact Name (mandatory for all school submission )
Uontact eTe phoa� -bLwr
l-wA Karne
First Suffix
nY a
Billing
Number
(Agency Billing umber)
Misc. x
Number
(otherlden Number)
C N Na ZIP Code
Level of Service: �DOJ ❑ FBI
(Must provide proof of rejection) y., - rr'Nuilmmi
Employer (Additional response for agencies specified by statute):
Employer Name
Street Address or P.O. Box
City State ZIP Code
Live Scan Transaction Completed By:
- j Jeri `'A
Name of TPWO) 716-1934
Transmitting Agency n� ID
Mail o e (five digit code assigned by uuj
elephone Number (optional)
i.
Dateit It _ N x
ATI Number Amount Collected /Billed
ORIGINAL - Live Scan Operator SECOND COPY - Applicant THIRD COPY (if needed) - Requesting Agency
I F RS WCG�K —O— .
WITH IN.S"�4 UTNHifO ATION
4 '
A8 6kjfttc $TAtL.UHED FOR
K Ism TjtU ;TH I NGUYEN
V
i IG HATU AE
MC LL,- I F 0 RN
.r , :i 1 DR R � � t
+ , CXPtts 1;$i 144:` °' r�ylC Ss
a
I I' THI NGUYEN
4230 FIRST ST UNIT 213 •d
} SANTA ANA CA 92703
SM F HAIR•BRN
K
kT :S--04 WT: 210
4410412009 611 19 FO/14
RENTAL AGREE LENT
phis :august X11 reernent entered into this 10 day of MJUSt 201 1 by tIrjcl
Robert K. Ellis, D.D-S- Kim Chu 111 Mguven hereinafter c� c
-111 d
lessor and lessee.
MTNESSETH: that for and in consideration of the payment ()t- rhe
rents and the performance of the covenants contained on the part of lessee,
said lessor does hereby demise and let Unto the lessee, and lessee hires from
lessor for use as a business those premised described as commercial located
17542 Irvine Blvd Ste F Tustin Ca 92780 (1930 square feet) For a tenancy
from 08/10/2011 to 08/10/2014 plus 3 years by two option after the lease
expire, the rent increasing from 5% yearly,- commencing on the 5 clay 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 further mutually agreed between the parties as follows:
1. Said premises shall be occupied by Chiropractic Acupuncture & Massage
Therapy.
Lessee shall not subject the demised premises or day part thereof", or sik-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.
ed,
I'lle lessee that pays far 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
L-A
Robert K. Ellis, D.SLessor A,-TP,1L
Date:
c' � r
Kim Thu Th� i Nu yei �
Lessee
s s e e
Mail
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West Pacific Institute of Body Therapy
1050 E. Yorba Linda Blvd. 4204A
PLACENTIA CA. 92870 rr
State Certih'cate 4301 1751
TRANSCRIPT
'.`Name: Kim Thu Thi Nguyen
AddresssUMErfi
City: Westminster CA. 92683
Subject: MASSAGE THERAPIST PROGRAM
Certificate. 11121 ON
CATAGORY Grade
Anatomy/Kinesiology S
Statues/lbeory/ Hygiene ' S
8 tsiness/Ethics
S
PathV4 S k
Massawechnician . S
Basic Sw ish"and Circulatory Massage
S
Advinced Mass ' 'e
Hours
85
IS
10
40'
8Q;�`
;z
Streicnin& arm m vements
Tecliniques,.-pressute points ' l
}
Deep tissue therapeutilc techniques S 80
} r
Sports Therapy Assessment ATech i ues t`5.
., � � S 110
TOTAL HOURS. 500
Start Date:, 4-20 -10 4
k
Finish Dato I 1 -12 f Dater !1 �,�•!
i.F
QVSTRUCr
s
S means satisfactory{satisfctor meanat 0i"g"
O% or b etter scare}
"U" means unsatisfactory
When this reccgrd bears an origin seal and signature, it is an official transcript. Student
in good standing unless otherwise indicated
... '.,.-�.t"J, `."mvvxuo /onS Lxprcs - neus vu%v [mme /
From CADOJ- PLEASE DO NOT REPLY OR SEND MAIL TO THIS ADDRESS
Sent Friday, �
doy.Augu2O.2O115:3gam "«ad«x�go�co�gov�
To a00711esmsu.00/ ca.gnv
Subject APP: CALIFORNIA 'NGUYEN, KIM 'CADOJ(2U11O8112OO112_OG:5O2341 )
STATE OFCALIFORNIA
DEPARTMENT OFJUSTICE
Bureau o/ Criminal Information and Analysis
PO. Box 903417
Gauramnn|o, CA 84203'4170
DATE: 08/25/2011
CAPDTUSON
380 CENTENNIAL WAY
TU8T|NCAQ2G8O
RE DDJ INFORMATION FURNISHED PURSUANT TOANAPPLICANT
^This information is for OFFICIAL USE ONLY
°
Unauthorized use ino criminal offense.
Based upon _ fingerprint records contained m the Bureau ufCriminal
Information and Analysis files, this response contains all
information meeting dissemination criteria pursuant k»California law.
This transaction has not been recorded byDCU Bureau o/ Criminal Information
and Analysis; therefore, nq subsequent arrest information will beprovided,
APP0RI:
CA0302200
APP NAME:
KIM THUTH|NGUYEN
APP TYPE:
MAGSAGEPARLOR/EQTAB
APP TITLE:
BUSINESS LICENSE
APP SERVICE
REQUESTED: CA/
OCA:
0O:
A
DDB:
GSN:
CDL
AT:
B223N8K169
OAT:
DATE SUBMITTED: 08/1/2011
SCN#
PC2E2230004
APP ADDRESS: — WESTMINSTER CA 92683
DATE
ARR/DET/COlE:
Z0010822CAPDANAHBK4 NAM:NGUYENK/k4
01 010165537 '
3BVCHYVARRANT
647(8) PC-DISORDERLY CONDUCT� CONDUCT: PROSTITUTION
COURT:
NIN 20011220 CASCFULLERT0N
Bill 01:ANU1N/NO9926
O47(8) PC-DISORDERLY CONDUCT: PROSTITUTION
D|SPO:CONV|CTEO'PROBAT0N
CONVSTATUG:K1[SDEK4G4NOR
3EN:003 YEARS PROBATION, FINE
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.,)un ia,,a :,��steni (-oinnitinications Express - Please View Frame I
20101221 D(SPO:CONV SET ASIDE &D|SN PER 12U3.4PC
�.~
DATE
ARR8]ET/CITE:
20070102 CAPDCOSTA MESA NAM:NGUYEMa|M THUTH|
01:218010CW-1237494
647B) PC-DISORDERLY CONDUCT: PROSTITUTION
COURT:
20070522 CASCNEVVPORTBEACH
01.07HM00901
647(6) PC-DISORDERLY CONDUCT: PROSTITUTION
D|SPO:D|SM!SSE[VFOJUNOT0NOFPEOPLE
END OF MESSAGE
If the applicant wishes hm obtain e copy nf his/her criminal history record, he/she
should either contact the Department of Justice Record Review Office a*(818) 227'3835
or access the required forms at www.ag.ca.govifingerprints/security.php .
Electronic Response Code: OU711
E-mail Address: A00711@SMSS.DOJ.CA.GOV
DEPARTMENT OP JUSTICE ' FOR YOUR INFORMATION
Custodian of Records Reminder to
designate at least one Custodian of Records (COR) for their agency. The
_ requirements include submitting fingerprints _ -- --_ application __-_
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.
P»ue 2ot'2
hnps:.'.'sccmoUWo i.ca. gov/huma.hnn|*?&ucurig/--K^|su&|ung~en&popupLeve|=uoJeCincd&cherset=cscooed on— 1v1 �'-011
__,—_ ._....`.—.=^'
From CAOOJ' PLEASE DO NOT REPLY OR SEND WALTO��SADDRESS
. <cado«@do ', cagnv>
Sent Friday, August 12. 2011 8:50 am
To a007110—)smss.d I.oa.gov
Subject APP: CALIFORNIA 'NGUYEN. KIM 'CADOJ(2O11O811200|12�
_OS�373330)
STATE OFCALIFORNIA
DEPARTMENT 0FJUSTICE
Bureau of Criminal Information and Analysis
pO, Box QO3417
Sacramento, CA 94203-4170
DATE: 08/12/2011
CAPDTUSTIN
3UO CENTENNIAL WAY
rVGT|NCA9288O
^~^°°°~ ... CADELAY NOTIFICATION ^^~^~-°^°°
RE: This is to notify you ofedelay in completing the following applicant transaction,
ApPOR}:
CA8302200
APP NAME:
KIM THUTH N8UYEN
APP TYPE:
MASSAGEPARLOR/ESTAB
APP TITLE:
BUSINESS LICENSE
APP SERVICE
REQUESTED: CA/
OCA:
8|O:
DOB
Som:
CDL
°/:
8223NQK188
OAT:
DATE SUBMITTED: 08/11/2011
SCN#:
pC2E2330804
APP ADDRESS: 8Q52CHANNING AVENUE WESTMINSTER CA92883
Processing 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 Program _.Ap,g~~'O"==o.=@vq,ca.yov.
Electronic Response Code: OO711
E-mail Address: AOO711@SK4SS.DOJ, CA. GOV
DEPARTMENT OF JUSTICE ' FOR YOUR INFORMATION
Custodian of Records Reminder
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.
httpo:,,/sccmuU.doj. ca. ypv/1'romc.htnMacudty=t�)se&kmg=cn&popopLcvr|=un deft ncd&ch
arset=cocoped_on— 811512011
| or
MINE"
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 actixity must be included with this
application and the application fee.
PLEASE PRINT OR TYPE
Name of Applicant
Business
Telephone
-71V 1 �� — -J' � �
Name of Business (if applicable)-
Business Address 1 7 IL
/3
Name of Business Operator �,
--E- C-. `e
Title 6 1-4t
"La-e-L-L ni
Applicant's Driver's License Number
Applicant's
Telephone
rxt
Applicant's Residence Address
Residence Owner Name
Please describe fully the business or event to be conducted (attach additional
information if necessary): F
VO CZ- 1 '14
Hours of Operation (Hours) (Days) /'�if�l >,�r.� ��'�� /r.�.n)
r._,.-.._..-_... .-.--- .- ....-.- ...- .- ---------------------
Have you ever been co victed 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 CEr No It yes, fill in the information below:
Date
Name Address of Place of Where When
Birth Birth Convicted I Convicted
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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 re Ilations established for such buliyFss.
Date /'? � Signature .4c
(Retur� to the ity o u Tustin Business License Desk, 300 Centennial Way, Tustin, CA 92780
FOR OFFICE USE ONLY
Date Received 2_1_,-11 Permit Type L) r Amount How Paid initials
CITY OF TUSTIN
MASSAGE ESTABLISHMENT PERMIT SUPPLEMENTAL APPLICATION
In.-i'so
PLEASE CHECK APPLICABLE BOX OR BOXES
❑ CHECK HERE IF RENEWAL
❑ �IASSAGE ESTABLISHMENT PERMIT OWNER
IaMASSAGE 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 artment.
the name and telephone number of the interpreter,
Telephone Number
PART 1: IDENTIFYING INFORMATION
Last N
ame
( �)//I I
First
Mido-te L ist Ail Names � I ncIude Aliases, Nicknames, a d/ orMaldenNames)
Home Address
Date o
fr All
EB3
Place of Offi -(City,
PART 2., NAME OF MASSAGE ESTABLISHMENT
Name of-massage Establishment to be Owned and/or
Business Name
A State
PART 3. PRIOR ADDRESSES
List in chrnnnln scat
order eve Waress at wthq!'2h ou have resided In the past eiClht (81 yonre
A ss ()y
/I/ I V C- lzoet
6') city State ZIP
Address -2-
City
6, d C--\
State
ZIP
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
1
To
To A -
s ence and
Weight Hair-
7/ Eye
J 4?c-
tither Licenses mejo
Owner's Name
?l-no I �? ;
0
Massage Establishment Permit Supplemental Application
From
Address
Supervisor's a
147
—41
It
From lip-21
Employers Addre"_
To 4,,,
2 6?
To
city
State
Employees one
�4 7
ZIP
— V -
( it -/ Z:, r e-)
Name of Company
C: I 1 C.
j? A
Job Title
/Idc
Supervisors Name
From
Address-
From,
Employer's Address
W
To
City
State (1.
ZIPI Employer's one
-2-
To
y ov
city
State
X�.
PIP
>
V J
Employees Address '77
-7
(z
/y IC-7 s / / 4_.)
TO
-city
_3
From.
Address
City ---
z),
TFa—te
zip
To
Name of Company Job Title Supervisors Name
From
Employees Address
To
From
Address
ZiP Employer's Phone
TO 7-1
city i-,
-�F I
to
Name of Company Job
ZIP
2-
From
Address
From
Employees Address
TO
To
city
State.
Fi5—
PART 4: EMPLOYMENT HISTORY
Begin with your most recent job and list your work history In chronological order. Include In sequerim an previous employment Wdrrie jobs,
oedods of unernoloment Ptease Include 20 lobs within the mast aInhi IRI VAArA ImmAwflatalu nra—Al— Aaf� .,.......u.. "..-
Name of Company
y
1(
ob Title
Supervisor's a
147
12e a
It
From lip-21
Employers Addre"_
To 4,,,
2 6?
city Llf fA(-167y/-r-
State
I
ZIP
-/ /
Employees one
�4 7
— V -
( it -/ Z:, r e-)
Name of Company
C: I 1 C.
j? A
Job Title
/Idc
Supervisors Name
From,
Employer's Address
11-k IV `i7�
To
City
State (1.
ZIPI Employer's one
-2-
V
Name of Company Job Title Supervisor's Name&LH//V.,—
�11+ 47 -1 HIJ7-)'
b 7T f% 7 ("I-Iq
Frofn
1--f-4 ( (')
Employees Address '77
-7
(z
/y IC-7 s / / 4_.)
TO
-city
State
ZIP
Employer' q Phone
5-
Name of Company Job Title Supervisors Name
From
Employees Address
To
city
Statli
ZiP Employer's Phone
Name of Company Job
' Title Supervisor's Name
r
From
Employees Address
TO
city
State
ZIP 7Employer's Phone
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
'
'
Ma"ne Establishment Permit SuPplementai Application
job ridw
rs Ad"
tatip
EWEOV
From
Name
MI
From 4,-121
PPWWS Phone
wmwmwgfi�
Narnapfcom MY, Job 11
Toe
Name of C
FrOM
cay state
one.
job ridw
rs Ad"
tatip
Jobnffe Supervispes
From
Name
city: State
12
PPWWS Phone
wmwmwgfi�
Narnapfcom MY, Job 11
-7
cay state
one.
ame of comps ny
2-
Name
city 'a ZIP
Ernp!cy
92780 (714) 573,3144 Fax (714) 573-3129
Massage Establishment Permit Supplemental Application
MM
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
State
ZIP
Employer's Phone
A v"r=AJn=n A001 10%AS31 91
IAKI .7; IwAOIOAq%j=
Name of School
Specialty of Study
School Address
City
State
Zip
School Phone
Hours Completed
Dates (From - To)
`7
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 if Necessary).
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
3
74785.1
Massage Establishment Permit Supplemental Application
-- —3O%JAOIOUVI la, iviumberships, or otner Professional Endorsements (Use Back if Necessary).
PART 8., PERMIT HjsT0Ry
List all licenses/permits to do business in California or I have a
elsewhere 0 PPIlsd for/Previously held no licenses i:w
City- that ot, have previ usly held OR aoolled for: conduct any type of business. or Permits in any state to
P
-C� State- Licelise/Pemit Type
I License/Permit No.
slued Date Issued: Has this license ever been Reason:
A 11f tf Y / -2�,,3V NRevoked ❑ Suspended
m
List a" 'Icenseep'
elsewhere : that oi
W
Cl
- L _ It
ssued Date Is", Rea*..
Suspended
Revoked Date or Dates of suspension
Issuing Agency, r �"n
!"y I From: To:
{issuing Reason:
Application Denied Denied
Date of Appillcadon: Reason:
city:
State JLicense/Permit Type License/Permit No.
C3 lssuil�'] Date Issued: Has this IICSI ever been
C3 Revoked [3 Suspended Reason:
w.
Revoked Date or Oates of Sus penftslon7'
Issuing Agency. To. To:
I From:
Date of Application:
PART 7. CRIMINAL RECORD A10
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 ( ) years. --CHECK HERE IF NONE 0
Original Arrest Charge (Crime) its of Violation Arresting Agency
Reason
Charge (Crime) - ---70—ate
PART a. BusINEssiNFoRmArlom
Business
Partnership
For Sole You, the Applicant Is
Proprietorship$ must be the Sole Nam of Business as
04 Appears on Fictitious I C'- P/,- /-J L'
PITMOtOr to submit this
Only L9 Ica I
You, the
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 Cor orations
IN
Name of Corporation (as shown in Articles of Incorporation):
State of Incorporation
date of Incorporation
E—r G@neral t LIMITHU rat ti law iii 99
Name of Business as Appears on Fictitious Name Statement
City of Tustin, 300 Centennial Way, Tustin, 5A 92780 (714) 573 -3144 Fax (714) 573 -3129
i7d AS.i
U
VII
Massage Establishment Permit Supplemental Application
110"m d1lu WOMB Of Owner and lessor Of
the real Property whe-fie the buslness 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 proe rty.
Name /
City _2
Address 17 /2 cli
State C/9�--
zip
Ph Qn c-7
Em /b es Information , j;Ie—f)j&1tZ_
State the full, true names and residence addresses
or am lo eas,
FuH Name
P
;5 .5 4Z,
Fug Name
PoalUonU
uff Name
POSIUM
'uU Name
P081"On
T-71"
Persons employed, or intended to I
- IUVIUM tne 101pofflng information for the name Of the person, Persons, - or
massage estabfishMmt -
Name (Last Fist, MI}
Residence Address Ury
",fYtt f
1 n
L- U
be zip-
76-
0 ZIP
3
71P
2-cye+
I management services for the
ZIP
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573-3144 Fax (714) 573-3129
Massage Establishment Permit Supplemental Application
PART 9: CERTIFIC4-1122
ury, that the information given is true and correct. I understand tttt�lt,
I hereby certify, under the penalty of perj
P
roviding false information or withholding information, including any ti criminI do hereby authorize the City of
al record, is grounds for denial Vr
revocation of my permit, and may subject me to criminal prosecuon.
Tustin, its agents and employees, to seek verification of the information contained on this application. I
the activity applied for until a business license and a massage
understand that I may not conduct ndgtig establishment permit have been grantedI fuarcs massage is available to me in the City Clerk's 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.
-7 7J
(Signature)
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. AM applicable fees. et of fingerprints taken at a live scan facility.
2. Evidence of a complete set
3. Two (2) recent front-faced portrait pho tographs at lease two inches (2") by two inches (2*) in
emu, 4
size.
4. Driver's license or photog raph Identification (issued by governmental agency).
5. Social Security Card.
6. Allen 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
174785A
STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
Bureau
Of Criminal Information and Analysis
P.O. Box 903417
Sacramento, CA 94203-4170
FIRM'
00-
011
ii
DATE: 0910112011
CAPDTUSTIN
300 CENTENNIAL WAY
TUSTIN CA 92680
RE: DOJ APPLICANT FINGERPRINT RESPONSE
APP ORI:
APP NAME:
APP TYPE:
APP TITLE:
APP SERVICE REQUESTED:
OCA:
SID:
DOB:
SSN:
CDL:
ATI:
A" 0101 0 A T I
r
DATE SUBMITTED:
SCN
CA0302200
LEE EMMANUEL
LICENSE CERT
CHIROPRACTOR
CA/
H011077935
B238OLL950
08/26/2011
KX2E2380007
OLIVA
OR PERMIT
MEDICAL SPA
APP ADDRESS: 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 law on the above-named
individual.
This transaction has not been recorded by Doi 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
requirements include submitting fingerprints and the July 1, 2011
designate at least one Custodian of Records (COR) for their agency. The to
COR app
Criminal justice agency personnel who have undergone a state l and ication federato l DOj.
1-61,111, iminal record check are exempt. Please refer to the Attorney General's
ffi
bsite or contact the COR Unit at CCR@doj.ca.gov for more information.
, "Zo
REQUEST FOR LIVE SCAN SERVICE
APPlicant Submission
ORI (:_one awanaj -., C�
C7_4 I,-,-
7ype Of LICefitit:iGtirifricatiorliperM!t kJr% VVCrK]ng ,tie a
Contributing Agency information,
Agency Authorized to Receive criminal Record information
Mai) We assigned oy joij
4 C
Street Address or P,U. box Z3,121,q,,V
T Contact Name (mandatory all scrod suammsions)
7�6�rw -2- 7_�(L)
-(- 7
7't y We e ZTP-70-0e 4 2 tZ-73 — -Z
umber
-P
Applicant lnformatton� llult: N
C_/L. I
Last Name
Other Name
(AKA or Alias) Last
Sex 77 Female
/70
Ge COlOr
W 19 �t Color
First
Suffix
License NUMbef-
Billing
Number
Place of Birth (State or Country} SOJI811 =cunty =umber Nu Misc.
tuber
INS
Home ' ME
Address Stied A dress orP_
o
41H Code
Your Number,
'.%CA N(irmw (AgenCl, Joentiryng N"mowl
If re-submission, list original ATI number. (Must provide proof of rejection)
Employer (Additional response for agencies specified by statute)
=Mploy
trees stress or ox
-ity
State f1p -00p,
Live Scan Transaction Completed Bv:
L
Name of Operator
transmitting Agency
LSID
Level of Service,- eDOJ ---- I FBI
Telephone Number tootronai}
Date
6
ATI Number
4
Amount L. wect ed/Billed
OR IGWAL - Liwa,4rarj Ocierato,
' "? ijil', "A01 'a U COPY - Aciolicent THIRD COPY (if needed) - R equesting Agency
!O t3lq Da;ton . Wfn., SUitrl I7()
F'-rk, CA 917(;$
:'h I 7F
)0
State of California
REQUEST FOR LIVE SCAN SERVICE
acil Sol@ Pic?)
ORI: CA0302200 Type of Application:
Code assigned by DOJ
Job Title or Type of License, Certification or Permit,
Agency Address Set Contributing Agency.
Department of Justic
City of Tustin 92780
Agency authorized to receive criminal history information Mail Code (five -digit code assigned by Doi)
300 Centennial Way Detective Brian Chupp
Street No. Street or PO Box Contact Name (Mandatory for all schod submissions}
Tustin CA 92780 ( 714 ) 573-3144 (Business Licensinq)
City state ZIP Code Contact Telephone No.
Name of Applicant.
(Please print)
Atlas: L I ✓/-T Driver's License No:
Last First
Date of Birth: 4`mrm�nw Sex: Lf] Male L__j Female
Height: Weight*
Eye Color q,/ Al Hair Color
Place of Birth: Z- -
Misc. No. BIL -
Misc. Number:
Agency BlIffing Number
Home Address:
b- low
Steeet No. Street or PO Box
( e 2101O
CIN State and Zip Cocft
Social Security Number.
Your Number
OCA No. (Agency Identifying No.) Level of Service: 0OJ ❑ FBI
If resubmission, list Original ATI
Number.
Employer: (Additional response for agencies specifted by statute)
�11 C,
Employer Name
Street No. Street or PO Box Mail Code (five digit code assigned by 00j)
City state ZIP Code Agency Telephone No. (optional)
1--a-I'llive Scao TratI4,141 Sompleted By, 0CM �'lf //7��
4 (-(JU 0 4. 9,34 Name of Operator
UOLLOO�
transmitting Agency ATI No. Amount Collected/Billed
—S 4UU13tq N45 SEEN a{TABt &WEO FOR
LL ; ,MM t-Pj 4 ;C I VA
51f,HA /IJ RE
MON
m
x
0
EDMUNO G. 3ROWN "A., (.',OVERNOR
LICENSED
LICENSE 40. DC 23937
RECEIPT NO. 00224343
30ARD OF CHIROPRACTIC EXAMINERS
2325 NatOmas ;>3rk Drive, Suite 260
Rewtml (:emfk-4rr_\ Sacramento, CA '35833-2931
116 263-5355
DOCTORI, OF' HIROPRACTIC
DlI VALID UNTIL DECEMBER 31, 201'
In accordance Nith Chipter 11 Division
Section 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 IUIY licensed and entitled to practice
D U A R T E CA 91010 Chiropractic in the state of California.
----- NON-TRANSFERABLE --- POST IN PUBLIC VIEW -----
VC-0c 34
Ct IFOILN1
CI. mc
LE 6ftv#16 oily*
RIVIEft CT
Fowwo CA 9413111
SEX:* Hf#GRV
llt:
HT:508 WT: U4
RSTWCOAR L94
as- nvia
STATE OF CALIFORNIA DOCTOR OF CHIROPRACTIC HOARD OF CHIROPRACTIC EXAMINERS
EDMUND G. 3ROWN JR., GOVERNOR
2525 Natomas Park Drive, Suite 260
original Cmificaw, Sacramento, CA 95833-2931 NOTED
916 263 -5355 ISERE
�F
SATELLITE rT K. CERTIFICATE
CERTIFICATE SAT 14095 VALID UNTIL DECEMBER 31, 2012
RECEIPT NO 00263429
LEE EMMANUEL OLIVA
17542 IRVINE BLVD #A
TUSTIN CA 92780
ISSUE DATE AUGUST 8, 2011
This certificate is issued pursuant. to
1000-5 and 1000-7 of the BUSINESS
AND PROFESSIONS CODE, for issuance
Of a Satellite Office Certificate.
This certificate is valid only at the
add,ren shown.
I NON-TRANSFERABLE - -- POST IN PUBLIC VIEW - - - --
OCHSAr 0 1 06, s I
RENTAL AGREEMENT
"his agreement entered into this 16t day of September '01 1 by -,11,j ?)eta, ccfi
1Zoberr K. Ellis, D.D.S., Anh Tuvet Thi Ngguyen riercinar
spectiveCv lessor and lessee,
",VITNESSETH: that for and in consideration ut' -1
ile pa, 1M(:!,1[
rents and the performance of the covenants contained on the part ot'
-iaid lessor does hereby demise and let unto the lessee, and lessee hires rl'O!"
I I ' Il
essor for rise as a business those premised described L-is c0mjjjtj-�cI,j1
u 17542 Irvine Blvd Ste Tustin
OA Ca 92780 (1930 Square
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troll, September 01, 2011 to August 31, 2014 the term Is 36 months hies '
months option to renew after the lease expire anrther�6 months op[tuji
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itter that. the rent will be increasing yearly cing on the da,,
tit 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 I'` to I of ", 11-ti
ot each and every month.
We have 3 months free rent.
It Is further munially agreed between the parties as follows:
10 Said premises shall be occupied by Chiropractic Acupuncrure
Therapy.
Lessee shall not Subject the demised premises or day part thercul,
this agreement without the lessor's written consent.
3
Any failure to pay rent or other charges promptly when due or to coinpl,
with any other business or condition hereof, shall all the option of the lesser
1111d after lawful unlike given forthwith terminate this property.
4. Lessee have an insurance liability pay LIP to 1,000,000,00 Per OCCUINCd,
Lessee responsible for repaint and -i
V�p b
kcol- -
Fhe lessee that pays for all telephone, utilities, cable said premises.
In WITHNIESS WHEREOF the parties hereto have executed this LIgrevll)JUW
in duplicate the day and year first above written
Robert K. Ellis, D.D.S Lessor
Date:
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ATTACHMENT B
2011 MASSAGE ESTABLISHMENT PERMIT
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BUSINESS PERMIT
DEPARTMENT OF FINANCE
44 ti_
Name ofApplicants - UTH I FNG U YY E NN - Owner
K I M T H U
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: ---o—C--MEDICAL —SPA
17542 IRVINE BLVD #A
TUSTIN, CA 92780
PERMIT ISSUED FOR:
DATE PERMIT ISSUED:
DATE PERMIT EXPIRES:
Jenny Leisz-
I
Finance Manager
Forms: Permit
MASSAGE ESTABLISHMENT —PERMIT
September 29, 2011
January 31, 2012
Permit subject to Conditions attached.
Juliiifnterrante
Business License Division
OC MEDICAL SPA
OWNER OPERATOR: KIMJ THU THI NGUYEN
17542 IRVINE BLVD #A
Imam'-
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:
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. 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 fighting 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
tie 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.
g. 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.
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.
ON
1N51
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 ME—
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 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. 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 OEM
ectrical 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. c-sim,
Massage Establishment Conditions
Page 2
MEN. h. Steam rooms and sauna facilities - Where steam rooms or sauna
III-. 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
vs
tF
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.
g. 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 17
all times while in the presence of any other individual within the NO
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 err
manager or managing employee purported to be principally in charge
0:
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
MINIM 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
Im
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.
;vw
r
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;
d.
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
z
ARE REQUIRED.
0
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 -
ATTACHMENT C
OC MEDICAL SPA BUSINESS LICENSE
CITY OF TUSTIN
Business Tax Certificate
THIS TAX PAYMENT EXPIRES
"C '-EDICAL SPA
542 IRVINE BLVD
_'JSTIN, CA 92780
OC MEDICAL SPA
17542 IRVINE BLVD #A
7USTIN, CA 92780
12/31/2011
ACCOUNT N7JMBER: 99060970
TELLER'S 71,'ERMI- NUMBER:
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. 31 st contact the City.
ATTACHMENT D
OC MEDICAL SPA BUSINESS LICENSE APPLICATION
ME
L 00400ietiaa of the Appiioadiea
wilt Cams a Arta is pcoorrsts;.
Business Name* \ JO t11pjnj2 Y.
"(if other than surname, include a copy of your
Business Address
"
U-V,Ar.*..
CUT st
Useam h
is.
300 Cashmm" WW
LI f1 S '�•► CA W
+' S.TSiTi� X114,- SM4144
numneas mama statement Slat with the County Clerk)
.A .�._ Suite Number
(Use d Peat Oboe cr roanmarria ansitaoac for buaEaars address i; a miadsmsrrsor.j
City 'ail 4{'1 r1 state
Mailing Address -- - - Y' e -- ra 5 C36nylr,
EM
7.1p Code . IQ-120
Suite No.
Business PhaaUe Fes{
sclWe Pertnit No. Your E-mail Address
(1t city c(Tustia l tune copy at •etiar Y permit ahaw;o j Trsstin bntlors.l
wee aria
Nature and Type of Goods Sold. Number of Employees at this .
BBusirness Type Abe specifW P "rrcb rn e -For
sele t>bweereii /b"AWW"gW CoestrarstW /pkrrt»raatntior
C+oeper+ %0M / Corpae'ate Ident ficatim No. � (located an Arta W of Incorporation) State
LLC Ident ficatio n No. State
state r TA -ptificatkm No. Federal identUleation No.
Tax and Revenue Code requires taxmw idantigcadaa, aoenpkta the following. if Cotpl=, use Officer.
R I DI 01 4= ♦DDit= OF 11 MKI n =tttBLf PA? W Id F41QVUM.
Nana Dri e's IA= No.
Riddance Address 11L 1
City �4. ie.�.a- K,yY; r, S ke y State Zip Code � ,� Eanerlp..7
It partaershipr )same partner below:
Name Drivees Lice:n No.
Reeldence Address
City State - Zip Cask Eotmpticy Plume
Approadmate Date of the Bust of this business at this Iaoatiaa in the City of 1=tiar
I hereby declare, under pensity of pe*uy, that the foreVing ink is true and correct As a condition for the bauance of
the lianas applied hr, I awes to submit any additional iafamation that m►q► be raquirad and to conduct ail phases at this
business in coutbrInA sae .rich all aRWcabls laws, ordinances and ragtnLctiona estabtirhed for such bu shkess /proksaim la
additles, my Womb" seeress to vww that I haw baser hdw ssd lira* tfids bosses resswat is due ears' January lot and
dslingaent N not paid by the &A dal of ll+abrsaey is any year la wbiob bodnsse is oondrreted is the Cay of Tasdn.
signature (j V Printed Nam and Titte Do"
SU TAX SCMDUU =CLOM. KAM Cii> M FAYAM TO T= CM OF TUBM.
ANY BUMDING CONSTRUCTION OR SIGN INSTALLATION WILL. REQUIRE A BUILDING DEPARTMENT PERMIT.
fit,
ANT VIOLATION
OF TUB TVWnX Crrf CODS AND /Olt Wk", ?Muds, lQlLtCA W% Olt
INCOfl MMS ANNWIR! ON TW8 TORY KAT CAVES TH2f APPLWATIOX TO B! DAD OR SU98CMDRD. !x=
AIRS NOT
Business Name
Telephone
Approximate Square Footage of Business y
Business Location .�
FILL IN THE PERCENTAGE OF EACH BUSINESS USE THAT APPL.MS (BASED ON SQUARE FOO GZ} BASED
ON 100 PERCENT, WHAT COMPRISES YOUR BUSINESS ACTWM. NUMBERS SHOULD ADD UP TO 104.
O�O
t
Warehouse ladustrial/R&D Re tan Wholesale
Q Yea 1@ No
to your business address also your home address? If Yes„ please complete the supplemental home
occupation questionnaire.
Q Yea No
Will you operate a social chub, dating service, or escort service?
❑ Yes No
Will you provide and /or armnge live entertainment? •
Q Yes No
Will you provide, arrange and /or produce adult entertainment and /or sell or rant adult oriented
material?
Q Yes 59 No
Will you provide billiards, pool, bagatelle, bowling alleya, or more than five (S) pinball or electronic
Yes No
Is your ftm a private patrol service?
Yes No
Dots a patrol service work for you?
Name and address of service:
Q Yes Q No
Will your business have a security alums Watem?
Name and address of alarm cempanr.
Yee o
Will you provide message therapy or operate a bath, sauna bath, or massage establishment?
Yee o
Fo
Will your business call, manufacture, or have mail order adult books, lingerie, toys, or novelties?
QQQ Yee
Will you operate an antique store or business that buys or sells used items? V Yea, please complete
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, setting, or trading automobiles or other
motorised vehicks, whether running or root?
Yes No
Will any merchandise be dispkyed outside the building?
Yes No
Will your business sell bear, wine, and /or other alcoholic beverages? OMER
IN
Yes No
Will you sett firearms?
Yes No
Are you adding or removing any doors, windows, walls, or partitions?
Yea No
Are you modifying, adding, or removing any plumbing, mLachanical, or electrical system?
Yes No
Will any accessory sheds, Canopus, awnings, or other exterior structures be installed for this
business?
Yeas No
Will you be constructing any signs (temporary or permanent) outside the building?
Yes No
Will you be staring any materials outside the buikting?
Yee No
Will you be storing any commercial vehicles, tools, or equipment on -site?
Yea No
Will you have any aboveground or underground tanks?
Yeah No
IN*
Will water be used in your mannutactuting or processing?
Yes No
Will your businesa involve cooidng on a commercial stow or kyee& '
Yes No
Are you installing a never commercial hood or An protection system?
Yes
Will the business provide training or classes at your business location to anyone not employed by
the busine"?
U renting a bum office, or spaos, to whom will or do Tea pay reutP R 6eA , k, D, h,
Uwner Manavement Company Name
Address
Tdaphone
When does or will your current lease end? An 1 k How many units do you or will you lease
at this location?
❑ Yes Q No
Will you be sharing this location with another business?
Your business locatioa will be chocked by the s7oalag, baildlsg, water, police, sad firs departments. U you haw
any doabt that your business location, sotbdtt, aad /or building dawn not osafbrat with the requirements of the
Municipal Code, please contact these departments for fortkar InAwmaties before Ming this application or
entering into a Lesse Agreement.
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 permit(s) when a permit is required.
e
Signature Print Nacre and Title Dath
Driver's License No.
r
13
t A()I.1i7
7b dam mica wtw hw your b sbm is subject to any of t1ww m=om. own m, mnplaft aad sip rids +quadcan Ift Mat
� a* a "yea" or "ao" respooas, gwwdaew
Phone
Site Add" d PtnpwW Nadiity City Sara
Tap
t�04 GICa dw twsiaeti operatics, aatvitx a pnio ars (s p. aankoaahwior takiesda . aaw rapair. all dwn�, whoteeato pact supptn .
M04 eta.};
1tYaa require smistames is tiw M mpbttott at tbis (brat piece eootad OMA, r4mobg & Ngajc � Sarvim at ffld) M410&
13MUMO DUARTMI" RLLSON FOR SUBMITTAL:
O ❑ New bwjitag
0 O 7aaa iso t adlr r�aq
bd Laaa or atte
O M *w m ww, we smog isprovem"t
O HCACUPA O Macadam OO gBVIdr a~djwW aWy
O a P"m aPP+� SI n"h* t. II&W pm'stt for OCTA appr v&L
tttift* pint ap!►ravd ragskart. Rest* tors to OCTA.
Q M And wity Conmwd4 Right. X"w (Ruwdoaai •MsUr sU "Mm Seedoa) approval
O Sf"i rs& Approval a Cwditcmb at 00OPM7 for Me Attic*
nqukv . HOW Cartitfeata at Owapammy jar SCAQMD darrsweo.
city r.rdut 0 Bulms Lim..0
ii'M AUTHORM P6RMIT SCREEIamo QUISTI0NNAffiE
Planes SOS" r in at the following quad*",
wig yw oN&M atty alto tatfowirr Psaaaea sr aiw w was. Doge. b.saNs MY d dr ibNnarI wAwd d K7neit dt dw #Wy):
AORU YES
NO
Ci
10
• AERt SM MtODUM OWSO is er W s( 300 Panda ow WOO*
O
tt
A& M ILY OCCUPANCY (Mw mow powis sathend tK disiom ahwadw milpas. on)
O
d
AUIMOBiiA WASCRIN0YMW
O
W
* sirmY synsunromanxAmato
p
�'
COMILSliSUM# MRA0t10QaabiobM tYft*MdaMrewwoaridrwd�reeeao�baWutirMPaPoArra +r rpaaf a�a )
13
600
0014MVISLA MMMALS MUM230M aptOta has on" pskbS cast. boaft bsrmb. rabbw w cork, w.)
O
1003
• DRY C LSAN11t0 0FOLO10NS
E3
DUST mODUCSt4O OPERrt x" teaw Wales. son OVOWN& VW& sleasrrr. now rriN OL)
O
/
t1
OARAO L MOM MOCLASEttVICrlREfM OR FUEL- DUPO"M STATION
O
tti
* HAZARMX MATERULS asaa Aopcl WW A tier 11M a bmwdwr astwiat is in ebWWW wtieh is eaq 1 M bs1 a nowial
4r O
6001
tafaer daw.hwt (MSOM): irolriar Pawalora �Q
t. O
HIGH lH.EDOhlltitAlTiM V OIiA X(wp st ii v"w dra 12 him et i tsrt tw pludm din and Raamobb N+q�
O
!
600
• immAU.ATM OP ASOvS OR BU.OW OROUND TANir., i'ERMAMM OR TMAPORARY
O
UM MM PMOLUBM OAS
p
If
MATCHES (aawfaUW ar nae* to MM of 14AN iaNtrWW W%%haa)
O
• MEOICAL QU tNSTALLAXIM
p
3* 2► S, 4. sr! OgWM yso as eampira a ttrlw6w tW lwlak Obdawm Chaaatst ta.ortwr =d 9""M MMWVW 14rw —
rats Asdwrly a OW gZ14tMM in vogmW elan ped oL A 000 aatoar M purl.n a s.1 eae ye* N Ombed do aCAQUO at a.
overt R OUSitIUL SAltalti Olt DRYM toga pnM wwd w dq w bdw Sea& "a des. feW Predrata)
p
• RnFaMBRATM BQUVMWT(tbW oysim is wbM a aa" I ' is sine bboA fer rho PrrPws *toswaedsr Mw)
p
* SMAYM04 Otte M OPitUITXW MASS MO Of oawtlwidbia 04" yPiW Visit a Affayw w rood Is tarts)
p
TMIL STORAtM (l00 sgnaw tba a uws) w dm rseWWS
U
• N► M.DtNtiANDiit!'fAgolERIC1fC>riE
p
T)tia is a'Spa1 isdidMw t M oat kaaw wiw eParwiart srli M eeaatraatl
p
ivrt�altawiatasrstawdMmePredwsraaaGSkw. hurt, ardt* tprsarAririiwwrarMloieiaaieottiadtsopadaadsiybairw
• WM AA OCPA ChatW ChwWwdw Pw Saar be raq" with eta plea. Cal (714) M4100 far a on of do pwb@L
YU
NO
L O
i g waritia +tat sewMr *An
leer w
33 istias d tit+oi i. 300 Parado e1 MNi ar 200 aairis twi wtfiraPtwwai an
A
xpkWw. asis
01fa.rawiat
aWW ry.
rraM ModcMa w fauttao�wr w.aa� nN.asWrs iiMaPadMaitlaro i. A'n �
3. O
WIN yes w de fear* bwb f oxrPoit absr% ON w bwil ii NOW" of ermaopr w asr draiwi whk a eeaVerW dW
at a arrair on, a dsftW by Coot tM )air ON a*eYM— 0 rim Ax4bnitai 1 M W at 414 SMOM
4. O
atwA Y
firer pan eveahb -pan rim
S. O
/
t1
)t y. w dr frtaw bWWW Oasq- -- will be boWO4 ray $%ON � lisearde*e SWOMMOUgulaW Sebatsom xW dr bwiaaa
be tssa wi wf Wr 1.000 Maw d tba sow Yrerdeer of a oaieai, iarwd aw4 aim MrgiW w btowtsra haatth Dan fieiNty?
4r O
6001
You rwwt eaaPiw Itaaalarraa G NM 3 DW ym a0sarw rat' N rAgr gr.aYea w Aarabrtawa L`! WAQMD pwnM ngdnd.
t. O
W111 you be p robag baowdw wrro a yow fedit? Maawdora 1Nata o.ea*tw Ptag}roao
L O
!
600
ww pw be wager horadwa.als m.*a slwee rwalo nes rdwe wow 0*40r 7l -amom
% O
WM yae be eparariarM *rdartetard Mika for 111e roorap of buwdwt $WW" age! Uwilerlod 10"Mat TWA Plop
M O
6f
WIN yes be "WAWS abswreusal seowp raw M aoare of Mwrta.w Pradr*u7 Ahe..sreewa Ma*Mww tlowspAd *0
Flow i.w, C." tb CaoMwass+wra rMrr
A ova* am~ M gwAMM
C.raae age Oramp Grr4
3* 2► S, 4. sr! OgWM yso as eampira a ttrlw6w tW lwlak Obdawm Chaaatst ta.ortwr =d 9""M MMWVW 14rw —
rats Asdwrly a OW gZ14tMM in vogmW elan ped oL A 000 aatoar M purl.n a s.1 eae ye* N Ombed do aCAQUO at a.
aa•2a&%& tir *watt tm1 - -- A * fto arrow a wow To 1# 96 10 1"10040 yes 4 OW" as OrwOa Cewy C*OW ttddad Plop Anw a st
M41 a ?4W w a& br aw Curti oertdow
The owner or 6islher smAwl"d agtwt is mNGUMOO t wmre tba! Ply with the reporting
and atarage, thaw MA It"9iag mquirasmaats for any pancwaYm sidfialM 400 bed aisove.
Notes A "No" amwar to W of the above questioas may subject your business to on-site verification by the Orange County Fire
Authority. Failure to properly disclose your cup 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.
Date Signature of owner or 41horized agent Print Nance and 'Tithe
OW nex-
N arose (g1jM OMitIrU MM 1MWM MW * KM HRItJ X WA * PM oM NWOCCUMW * CAatO CCMVt atla.OnW OW Patio 2
OED
ill►
. 0 00 .
' o GANG RELATED
TUSTIN POLICE DEPARTMENT 2
A p ACTIVE
4 ON
ADULT
1� r�
300 CENTENNIAL WAY
S p SUSPENDED
/,2
p SUSPECT ONLY
TUSTIN; CA 92780
R Q RECORDS
s REPER OTHEP RPT6
K O COURTESY
Q JUVENILE ARREST
°
6
SUSPECT /ARRESTEE REPORT
O.
Jrf
p SUPPLEMEGTTODRGRPT
7 C¢OQ�
/ /mot
6 CE3i}11C / * CloENTTYP6
0 F"&"RY COUNTS
16 sE—DAM COUNTS
I I "an- COUNTS
t2 ONER- COUMTB
II//
7 /jf a,�
13 LOCATION OF WKWAAAW
14 OA7E OF CAM / ARREST 1 S
nME OP C18ME r AR
11S'Y2- :i,- 4:IrU
S= 8 7 2.
173'2 38
76 UCEN666
t7 STATE
t9 VWYR
WXAL
SOOY 00 U04 113 2-on 20 MDR 30 CONY 40 PAr 60 TP"
ItIMAK6
120
121
STYLE 60 VAN TO &W 6p RV 90 MSC OTHER
22 4R
onm CHARAOTERtBm It. nC D..g' U44. Mahn or Pak*, w-)
Z< DwswtfoNorvai
a
26 AEGtBTE
26 NAMe: FVW,, MUDDLE �... - 21 SEX
26
29 RACE 0 1 WHT 0 2 HSP 0 3 SLX
;( //� � t „/ r) 0 I M
l Y OU U- sV 1 If
p 4 PIS O S C 1 0 6.lAPM 0 7 f6,
[J 6 P.4'M. 9 VIET 0100TH—
3D AKA
31 Poo 32 M*aT(� as W4T
34 BUILD 00 1 THIN 0 2 MEd
1410214104
000NK 03HEAVY 04MUSCLA
4
35 HAIR 0 0 UT64 O 1 SRO ,,.. 00 2 BLK 0 3 WX 0 4 RED
36 EYES 0 0 UNK SAO 02" 0 3 BLU
37 D1.0
318TATE
SC
0 $GRAY 13 6SOP 0 7V" 0 60TH
0 4DAN ❑ SHAM 06GRAY 0 70TH
39 ,,.... - 40 2WLOOO�EE 4t RE -S. PHONE
42 CELL. _.. .
43 BUSU N OR 804001. NAM AND ADDRESS 44 ZIP CAGE . 46 GRADE
48 SUB. PHOt�
.�V /, if tjWAv' ',r A Ro ,
( uik
47 SON 1- 46 ocax4 "(e) 41 STATUS So BOOIONG /
..
0 1 oFum 0 3 PEO
/t.li�SKIg4 n2R4s8 I Ag4 fZ.
at O LoT]doI9> . 52 GAr4G APP6MUTION 0 1 KNOWN
J,���.y+ 1 J �y ���r s�} r
•Ilf,/i�/"+% 4SV GT /! """" fiC.OP/fT: 4K+� JC ! HOW KNOB 0 2 SUSPECTED
=,
+f'�
sa AMOUNT OF HAIR Q21
m HAIR sTYLR 1024
67 FACIAL HAIR 1025
60 COMPLEXION 02T
t4 Ot FULL HEAD OF HAIR
p 01 REGULAR
Ia.01 CLEAN SHAVEN
Sr Ot IIGHTt FAIR
>
p 02 THINNING
Q 02 PART RIGHT
p 02 MUSTACHE -THIN
p 02 MEDIUM
p 03 RECEDING
Q 03 PART LEFT
p 03 MUSTACHE -THICK
p 03 DARK
p D4 BALD
1&04 PART CENTER
p 04 UNSHAVEN
p 04 TAN
p 05 UNKNOWN
Q OB STRAIGHT BACK
Q OS FEW GAYS GROWTH
❑ 06 "WANED
p 06 OTHER
p 08 COMBED FORWARD
Q 06 SHOAT BEARD
p 06 FRECKLED
p 07 BUZZ JOB
Q 08 FLAT
0 09 STRAIGHT
Q 07 LONG BEARD
Q 06 UNKEMPT BEARD
p 07 OLIVE
p DO RUDDY
54 HAIR LENOTH 622
p 01 VERY SHORT
p 10 CURLY OR PERMED
Q 09 SIDEBURNS
0 00 ACNEJPOCKEO
p 02 SHORT
0 i t WAVY
Q 10 FUM/ANCHU
0 10 WEATHERED
p 03 REGULAR
12 A CLOSE
Q FRO
Q 11 GOATEE
p 11 WRINKLED
p 04 OVER COLLAR
p 06 OVER SHOULDERS
FRO
Q 13 A Rill (t INCH)
Q 12 UNKNOWN
p 12 ALBINO
IV 06 LONG
Q 14 PRESSED (BLK ONLY)
Q 13 OTHER
p 13 UNKNOWN
p 07 UNKNOWN
p I6 IN CORN ROWS
Q 14 VAN DYKE
p 14 OTHER
Q OE OTHER
Q t6 WITH PONYTAIL
p 17 WITHTNL
et OLASlE O26
!
Q of YES BUT NO DESCR.
56 HAIR CONDITION ►
so RIL HANDED 026
CLEAN
001 CLEAN
16 IN
kq 01 RIGHT HANDED
0 02 PRESCRIPTION
p 02 DIRTY
p 19 NEW W
W WDB AVE
0 02 LEFT HANDED
Q 03 SUN GLASSES
Q 20 PUNK
0 04 PLASTIC FRAME - COLOR
C3 63 GREASY
p 21 UNKNOWN
0 03 UNKNOWN
Q 06 WIRE FRAME
p 04 MATTED
p 22 OTHER
Q 00 CONTACTS
� MIR�`y��A ADVISEMENT
Q 06 ODOR
p 23 SHAVED
fo 07 NONE
p 06 OTHER
Q 24 FADE -
YES Q NO
/ "J
p 06 UNKNOWN
Q 26 MULLET
OATEftIME
Q 09 OTHER —
&2 CiSP06TTK3Tk ADULT ARRE6TEE D ❑ HOO 63 WK43R AAA r CITE RELEASE
Cl 640b1
C7 BOOKED OTHER ctTATKW 1 %r3 t`a`i /bS"
64 TRANSPORTED BY. 65
/217
aaam"
e7
�
2 �$Ya
(Q FINGERPRINTED tea, p
J�PhIOTOGRAPHED 'j�
86 REPORnNG0FAGERrID
SO DATE
70 APPROVED8Yh0
710A
-.
S•8/2
ra$1
oz, - o 12
I
use
72 CR 0
73 SPEECH
029
75
TEETH
1031
77 UNIQUE CLOTHING 1033
18 WEAPON TYPE 1034
401 NORMAL
q 01 BRACES
q 01 BEACH CLOTHES
p 01 HANDS
q 02 TRANSIENT
q 02 FEET
p 02 LISP
(� BUCKED
❑ 03 CONSTRUCTION
q 03 CLUB
p 03 SLURRED
t'1 oa CHIPPED
q 04 GANG STYLE
0 04 MARTIAL ARTS
q 05 BASEBALL SAT
0 04 STUTTER
q 04 MISSING
p 05 PUw
OS NUNCHUKU
(3 05 CROOKED
Q 08 MILITARY
0 STRIKING 0 CT
C) OS DEEP
p 07 OTHER UNIFORM
8 KNIFE
p 08 HIGH PITCHED
p 06 GOLD 7 SILVER CAPPED
p 08 WELL DRESSED
q 09 BOTTLE
p 07 SOFT
q 07 STAINED
09 NORMAL DAY CLOTHES
q 10 SIMULATE REARM
q 11 TOY G
C3 08 UNKNOWN OR NOT HEARD
H 08 NORMAL TEETH
q low
Q 11 SIG MASK
p 12 UN
Li t38 OTHER
p 00 UNKNOWN
p 12 STOCKING MASK
p 13 /SHOTGUN
q 14 NE
p 10OT14ER
(3 3LHO N
p 1S UNKNOWN
1
❑ ISOTHER
74 ACCENT
O�
76
SCARS, MARKS, OR TATTOOS
1032
n FIREARM DETAIL 039
q 01 US NORMAL
p 01 SLUE STEEL
p 01 FACE
q 10 RIGHT SHOULDER
p 02 CHROME/ t NICKEL
q 02 US SOUTHERN
q 02 TEETH
p 11 LEFT SHOULDER
C1 03 REVOLVER
q 03 US EAST COAST
E) 03 NECK
p 12 FRONT TORSO
0 04 AUTOMATIC
p 04 SACK SLANG
p 04 RIGHT ARM
g l3 BACK TORSO
0 05 DERRINGER
p D8 PUMP
p 05 SPANISH
U OS LEFT ARM _ _.
p 14 MISSING FINGERS
O m T ACTION
WL 08 ASIAN
p 08 RIGHT FIAt4O
q 13 MISSING UM88
q DOUBLE BARRE
q 07 EUROPEAN
p 09 CVEA -UNCiE
p 07 LEFT HAND
❑ 1 B UNKNOWN
p 10 REARM
p 08 MIDDLE EAST
q OT RIGHT LEG
p 17 OTHER
p it
❑ 09 JAMAICAN
p 08 LEFT LEG
C7
12 OCK
eKNOWN
p tO UNKNOWN OR NOT HEARD
p 13
p' i 1 OTHER
p
p 14
15 QM
JUVENIL ES ONLY -
80 FATHERAABT,FSi6.WOUFl
01 =UFMO4
0211".
03 N0T0"IED
64 GATE
00 Tw
OYU QNO
06 RESIDENCE ADDREOE . -
07 CITY
M ZIP COW
W FIM PHONE
18 COL PHONE
I 1
I 1
01 SUSINESS ADDRESS
00 CITY
03 ZIP CODE
04 SUS. PHONE
06 Mord" OAST. FIRn MWDLEI
00 OCCUPA7Kw
0700./.
00 NOTIFIED
00 We
100
DYES ❑NO
I
101 RESIDENCE AODRE88.
t1IT cm
103 ZIPCODE
iO4 RES. PFWHE
100 CELLPIKINE
f I
t 1
100 BU60JTd96 ADDRESS
107 CITY
IM ZIP CODE
i
110 STEP FATHER PET, FIRST, WOOLE}
111 OCCUMION
112 D.O.B.
113 110111"M
114 W IF
110 Tom
YES ONO
110 RESIDENCEADDPAN
LIT CITY
7
t10 RE9. PHONE
120 CELL PHONE
I 1
t 1
121 SU60#32 ADDRESS
122 CrtY
127
ZIP CODE
124 "PHONE
I 1
120 STEP MOTHEil A.W. FBI07, IMOom
IMOMILIPATION
127 DDB.
126 7WTIKIEO
120 OATS
120 TBIE
I
LT NO
t31 RESIDENCE ADDRESS
132 CITY
133
ZIP CODE
134 RE&PHONE
135 CELLPHONE
t I
t I
136 SUSM" ADORES!
n City
130
ZIP CODE
130 SUS.PHONS
{
I
140 LEG& WAR01Ai! (LW. FRIST: MIDDLE)
141 OCCLVYJ P
N2 0418.
143 NOTIFIED i41 OATS
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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 q� called the phone number provided on the letter and
made an appointment for 1730 hrs. and requested a half -hour massage. DetectiveM�was
told the massage would cost $40.00. Detective � was 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 VM supplemental report for further details regarding his Interaction with
Nguyen Inside the room.
Sgt. 4111111111111& Detective 1= 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. 4111M Detective 10 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. centered room #3 and detained Nguyen. Detective lWand 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 asJavad Najib.
ell I 'I
1,
I spoke briefly with Detective ,who confirmed a violation had occurred and Officer4M
responded to our location. I asked Nguyen what she did with the money that Detective fAM
had given her. Nguyen reached into her left front pants pocket and retrieved $40.00 (Two
$20.00 bills). I 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 Javad Najlb and all denied having knowledge
of Nguyen's actions.
Detective 10 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:
ONES
MIN
1) CPC 647(b)-Prostitution
DETECTIVE
TLISTIN POLICE DEPARTMENT
SPECIAL INVESTIGATIONS UNIT
TUSTIN POLICE DEPARTMENT
SUPPLEMENTAL REPORT
12 -2544
647(b) P.C. Prostitution
1 am a detective with the Tustin Police Department. I am currently assigned to Special
Investigations and have been doing this job for 4 A years. Special Investigations primary
responsibilities include narcotics, vice, fugitive apprehension and other undercover operations.
I called the phone number listed on the letter DetectiveOW 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 m towel and put a smaller one over m buttocks. Oanh massaged rn back and legs,
Y P Y B Y v
1 asked Oanh what her name was and she told me lanise. 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 1 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 sexy 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. 4=0 Detectives Mand #2W 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;I�eame into the room and escorted Oanh out. See
Detective an arrest report for full details.
Detective
Special investigations
ATTACHMENT F
U LETTER DATED MAY 10, 2012
r
Y
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 'g—
accurate description of the nature of the business being conducted and because the b usiness 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(8), 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 Invalid.doc
300 Centennial Way, Tustin, CA 92780 0 P: (1714) 573 -3100 • F (714) 573-31 13 • www,tustinca.org
ATTACHMENT G
NOTICE OF VIOLATION /PRE - CITATION NOTICE
NOTICE OF VIOLATION /PRE - CITATION NOTICE
T,
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
Responsible Person Date t '7 Time
Address Phone 14
Description of violation(s): i
As part of the continuing program of preserving and improving our community, an inspection has been made ade of the
property at the above location and the following violation(s) of the Tustin City Code (TCC) 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 andlor 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 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)(1 5)(a) T.C.C. 9403 (d)(5)
( ) 3. Unmaintained pool, or body ( ) 7. Fences and walls in 11. Business License Required 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 8. All solid waste containers 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)
17. Other:
18. Other:
Corrective Actio n(s): I n,
It is necessary that all applicable approvals and permits are obtained and corrective action is taken to remedy the
violation(s) noted above within - day(s) from the date of this notice.
This notice shall serve to inform the responsible person(s) of the compliance requirements pursuant to the TCC and/or
applicable codes, laws, and conditions. Failure to comply with these requirements within the time specified may result in
the issuance of an administrative citation Pursuarit to TCC I I 62(a) or further legal action (Reference Exhibit A on the
back side of this notice).
Once the violation(s) have been corrected, please contact the undersigned so that the enforcement officer can re-inspect
the property an Totenti -4se this case. If you need further clarification or assistance with this matter, contact the
undersigned 14) 573 -3135 or (714) 573 -3149.
Signature of Recipient J Signitfure of Inspector
50000
i _i. _ I
APPEAL DATED MAY 18, 2812
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
2017 MAY 18 A 11, 3 3
Re: Notice of Appeal and Appeal of Decision of Elizabeth A. Binsack,
Community Development Director, City Of Tustin in re Business License # 99060970
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 FROAf.
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.
SPECIFICACTIONSOLrGHTBYAPP,ELLANT.-
That the business license issued to OC Medical Spa continue in full force and effect without
interruption.
REASONS WHY THE ACTION TA KEN SHO uLD 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, as I
understand it, suspicion of prostitution. 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.
1-0
05/21/2012 14:23 FAX
2003/004
Please know that, as to issue # 1, the entirety of the original business license application is accurate.
'p- Therein, I stated that the description of the business was "Chiropractor, assage Therapist S
kin
Care." This is a complete and accurate description of the business conducted t OC Medical Pa.
a S
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
.laved Najib, DC. One or both of them are present nearly every hour of our ra on. Additionally, w
have a licensed Cosmetologist that off OPe ti e
offers skin care services, Kim Anh T. Pharr, license number
"
396904. 1 have a clean record and all Professionals associated with OC Medical Spa have a clean
record, Even Ms. Oanh Thi Nguyen, prior to her arrest on May 8thi 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. Oanh Thi Nguyen engaged in any inappropriate a vi it was
without my knowledge and against my express instructions. Moreover, 0 unlawful activity,
rimmediately terminated her
�e that all therapists know and will continue to know that we have a zero
employment and can ensure I imm tel rmina
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,
ME (1) The business license application accurately described the nature of the business conducted at
W
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, Either 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 17'h, I received a visit from George Wiesingen, City of
Tustin Inspector, Mr. Wiesingen presented a "Notice of violatlon/Pre-Citati6n 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
2004/004
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.
Ise 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
RISK
Il if TeMiTT Tto
CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 4612
CA Codes (bpc:4600-4620)
Page I of 3
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
U3eS 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.
RISEN
(b) (1) This subdivision shall apply only to massage
010
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
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compensation, provided that, unless otherwise exempted by this
chapter, these ordinances, regulations, rules, requirements,
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g,
pal,
..'...,-strictions, land use regulations, moratoria, conditional use
rmits, and zoning requirements shall be no different than the
0111-
quirements 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
is tire and personal hygiene requirements for persons providing
NEW-
33age services, provided that nothing in this paragraph shall be
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terpreted 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 30
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
end county from adopting a local ordinance that is applicable to
passage 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
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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.
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U if-MOGIATtl4aff
CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 4600-4613
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CA Codes (bpc:4600-4620)
Page 1 of 11
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
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recognized by the United States Department of Education.
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"Compensation" means the payment, loan, advance, donation,
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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
NOON
or university of the state higher education system as defined in
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Section 100850 of the Education Code, or is a sc hool of equal or
NONE
greater training that is approved by the corresponding agency in
another state.
(g) For purposes of this chapter, the terms "massage" and
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"bodywork" shall have the same meaning.
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00.5. (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.
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(C) One member selected by the California State Association of
eunties, unless that entity chooses not to exercise this right of
lection
(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
g.�pvernment Code)
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ol. (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
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Page 3 of 1 I
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 required 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
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remaining 250 hours required may be secured either from approved or
MEN
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
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applicant received the education that is required by this chapter
from the school or schools that the applicant is claiming, the
oocil shall investigate the facts to determine that the applicant
oeined the required education Prior to issuing a certificate.
2
( ) For purposes of paragraph (l) and any other provision of this
cbapter for which the council is authorized to receive factual
information as a condition of taking any action, the council shall
have the authority to onodoot oral interviews of the applicant and
others or to make any investigation deemed necessary to establish
that the information received in 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 l, 2009.
4601.3. (a) Prior to issuing a certificate to the applicant or
designating a custodian of records, the council shall require the
applioaut 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
odidate was released on bail or or his or her own recognizance
oding trial. Requests for federal level criminal offender record
formation received by the Department of Justice pnzaoaot 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.
(o) 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
III05.2 of the Penal Code, for all applicants for lice000ze or
custodian of records candidates for *hmn fingerprint images and
related information are submitted to conduct a aaazob for state and
federal level criminal offender record information.
(e) This section shall become operative September l, 2009.
4601.4. Council directors, employees, or volunteer individuals may
undergo the background investigation process delineated in Section
0I.3^
02. (a) The council may discipline a certificate bolder by any,
or a combination, of the following methods:
(l) Placing the certificate bolder on probation.
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Page 5 of 11
(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
ONE-
certificate will be revoked unless the certificate holder provides
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evidence within 15 days that the conviction is e ither 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.
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4603. It is a violation of this chapter for a certificate holder to
mmit, and the council may deny an application for a certificate or
a certificate holder for, any of the following:
(a) Unprofessional conduct, including, but not limited to, denial
df 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.
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(h) Committing any act punishable as a sexually related crime.
ME ,
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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
'02
rtificate holder to be heard, orally or in writing, not less than
ve days before the effective date of the certificate denial or
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�'�rtificate holder discipline by a person or body authorized to
decide that the proposed certificate denial or certificate holder
discipline not take place.
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(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
11M
shown on the council's records.
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(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. MEN"
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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.
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(3) Documentation evidencing that the person holds a current valid
certificate of authorization as an instructor at an approved massage
0- hool, or holds the position of a massage instructor at a school
credited by an agency recognized by the United States Department of
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ucation, 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).
-@-m
I gFpq (3) Upon successful completion of the requirements of this
Mbdivision, the council shall issue a certificate to the person that
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
gg �-
or she is certified, registered, or licensed by a governmental
ency as a massage therapist or massage practitioner.
4606. It is an unfair business practice for any person to hold
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oneself out or use the title of "certified massage therapist" or
"certified massage practitioner" or any other term, such as
"licensed," "registered," or 11CMT," that implies or suggests that the 1---
person is certified as a massage therapist or practitioner without
IN
meeting the requirements of Section 4601 or 4604. INNIS
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
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where the owner is the only person employed by that business to
provide massage services.
go (2) (A) Any massage establishment or business described in
ragraph (1) shall maintain on its premises evidence for review by
WE-
authorities that demonstrates that all persons providing
m I assage 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
Mg
ggquirements that are uniformly applied to all other individuals and
sinesses providing professional services, as defined in subdivision
MEMO
'p-
) of Sectio n 13401 of the Corporations Code. No provision of any
A
dinance, 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
,-rterpreted to authorize adoption of local ordinances that impose
IMIM
F.-Ig M ditional qualifications, such as medical examinations, background
-
or other criteria, upon any person certified pursuant to this
�'Thapter.
(7) Nothing in this section shall preclude a city, county, or city
and county from doing any of the following:
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(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
Ka WIN
provided.
ONE
(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.
F11
(e) Nothing in this chapter shall be construed to preclude a city,
county, or city and county from requiring a background check of an
IN
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.
IN
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KIN
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+ � 1
LETTER DATED MAY 21, 2012
Community Development Department
May 22, 2012
OC Medical Spa
Kim Thu Thi Nguyen
8952 Channing Ave
Westminster, CA 92683
TUSTIN
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
SRNScoRTus1nessT0u Mcal Spa 1 752 Irvine 1310 invalid appeal.doc
300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3 100 • F (714) 573-3113 0 WWW,tL[stinca.org
smi-o,
Niunicode Page IVf .'
)Z94'APPEALS
8
Appeal of Decisions of the Director of Community Development or Zoning Administrator
Any decision cf the Director Of Community Development orthe Zoning Administrator may be appealed to the
Planning Commission bv 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 be 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 reasons why the action taken bythe
Director QfCommunity Development orthe Zoning Administrator should be modified or reversed. Timely filing of
written appeal shall automatically stay all actions and put inabeyance 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
(OO) calendar days Cf filing ofthe 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 o/ Community Development Orthe Zoning
Administrator for further proceedings in accordance with directions of the Planning Commission.
b
Appeal of Planning Commission
Any decision of the Planning Commission may be appealed hz the City Council bv 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 bya deposit Orfee as 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 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. Apublic 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 bedgnovo and the City Council shall approve, approve with conditions, or disapprove the matter iU
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 on such appeal shall be fine/.
Request for Hearing bva Member oythe City Council
|n lieu ofthe provisions ofoubaectionbofthi$Section.anydeoiskonof8leplanninQCommisoionmaybeset
for public hearing at the request ofemember of the City Council. ARequest forHearingehal/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
ur 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, ordisapprove 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 to this subsection shall bofinal.
ATTACHMENT L
r
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.
N-01 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.
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.
11. 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