HomeMy WebLinkAboutPC RES 4208A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, REVOKING THE MASSAGE ESTABLISHMENT PERMIT ISSUED
TO MS. YUN ZHAO DENG FOR WD MASSAGE, LOCATED AT 13841
RED HILL AVENUE.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That on May 14, 2012, the City of Tustin received a massage permit
application from Ms. Yun Zhao Deng to own and operate a massage
establishment named WD Massage, to be located at 13846 Red Hill
Avenue.
B. On June 11, 2012, the City of Tustin issued a massage establishment
permit to Ms. Deng for WD Massage.
C. That in conjunction with the massage establishment permit, the City of
Tustin also issued business licenses to WD Massage and to three of the
four massage technicians working at WD Massage: Liqun Huang, Lixia
Huang, and Yanfen Potaracke. One of the four massage technicians, Yu
Fang Wei, first obtained a Tustin business license in 2011 while working at
a different massage establishment.
D. That the massage establishment permit for WD Massage expires on
January 31, 2013.
E. That the Tustin Police Department conducted an undercover investigation
of WD Massage on August 31, 2012, and made an arrest for prostitution.
F. That on September 13, 2012, the Community Development Director
deemed the business licenses for WD Massage and Ms. Lixia Huang
invalid due to the original business license applications not containing an
accurate description of the nature of the business being conducted, and
because the businesses being conducted were unlawful.
G. That no appeal of the Director's decision to deem the business licenses
invalid was submitted.
H. That after the business license was deemed invalid, WD Massage
stopped operating at 13846 Red Hill Avenue.
I. That at least ten (10) days prior to the hearing, a notice was mailed to the
permittee, notifying her of the date, time, and place of the hearing.
J. That California Business and Professions Code Section 4612(c) and
Tustin City Code Section 3669 hold the owner and operator of a massage
establishment responsible for the conduct of all employees and
Resolution No. 4208
Page 2
independent contractors working on the premises of the business, whether
or not the owner or operator is aware of the conduct.
K. That the Planning Commission held a hearing on the revocation of the
massage establishment permit issue to Ms. Deng for WD Massage at a
duly noticed, regular meeting on October 23, 2012.
L. 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 October 23, 2012, including all attachments, attached hereto,
the Planning Commission hereby revokes the massage establishment permit
issued to Ms. Yun Zhao Deng for WD Massage, located at 13846 Red Hill Avenue,
for the following reasons:
1) The permittee, Ms. Deng, violated California Business and Professions Code
Section 4612(c) and Tustin City Code Section 3669, which hold the owner and
operator of a massage establishment responsible for any violations committed
by all employees whether or not such violations occurred without the knowledge
of the owner or operator.
2) The permittee, Ms. Deng, violated Tustin City Code Section 3667(u), which
requires that an owner, operator, or manager shall be at the massage
establishment at all times when massages are being performed. At the time of
the arrest on August 31, 2012, Ms. Deng was not present at the facility. As Ms.
Deng identified herself on the massage permit application as the only manager
of the facility, she was required to be present.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin, held on the 23d day of October, 2012.
/tTEArf Lk
"OZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
j'kesolution No. 4208
• ,age 3
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. 4208 was passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 23d day of
October, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary