HomeMy WebLinkAbout04 Appeal of Denial of Massage Establishment Application - Le Petite Spa1TY O
AGENDA REPORT
MEETING DATE: JANUARY 28, 2014
TO: CITY OF TUSTIN PLANNING COMMISSION
FROM: JULIE INTERRANTE, CUSTOMER SERVICE SUPERVISOR
ITEM # 4
SUBJECT: APPEAL OF DENIAL OF MASSAGE ESTABLISHMENT APPLICATION —
LE PETITE SPA
APPELLANT: GARRETT BIGGS
26447 BASSWOOD AVE
RANCHO PALOS VERDES, CA 90275
LOCATION: 13762 NEWPORT AVE, SUITE C
TUSTIN, CA 92780
REQUEST
Mr. Garrett Biggs ( "Appellant ") appeals from and requests reconsideration of the
Director of Finance's denial of a massage establishment permit application for Le Petite
Spa (13762 Newport Ave, Suite C, Tustin, CA). The Director of Finance's December 5,
2013 Denial of Massage Establishment Permit Application is included as Attachment
"A ". The Appellant's written appeal is included as Attachment "B ".
JURISDICTION
Any decision of the Director of Finance ( "Director') may be appealed to the Planning
Commission. (TCC §§ 3731 & 9294(a).) All appeals must be made in writing and must
specify the decision appealed from, the specific action or relief sought by the appellant,
and the reasons why the action taken by the Director should be modified or reversed. The
appeal hearing shall be de novo and the Planning Commission may approve, approve with
conditions, or disapprove the matter, or remand the matter to the Director for further
proceedings in accordance with directions of the Planning Commission. (TCC § 9294(a).)
974689.1
PC Hearing Report
January 28, 2014
Denial of Massage Establishment Permit Application
Page 2
BACKGROUND /DISCUSSION
On October 25, 2013, the Appellant submitted a massage establishment permit
application to the City for Le Petite Spa, to be located at 13262 Newport Ave, Suite C,
Tustin CA ( "Proposed Location ").
Another massage establishment, known as Elegant Spa, had previously operated from
the Proposed Location. On October 4, 2013, the Tustin Police Department conducted
an undercover investigation of Elegant Spa and made an arrest for solicitation of
prostitution in violation of California Penal Code section 647. On October 14, 2013, the
Director notified the owner of Elegant Spa of the City's intent to revoke its massage
establishment permit due to violations of Tustin City Code sections 3667 and 3668. On
October 28, 2013, an open hearing before an independent Hearing Officer was held to
receive and consider all testimony and relevant evidence. Following the presentation of
evidence by the City, the Hearing Officer determined that good cause existed to support
the revocation of Elegant Spa's massage establishment permit. On November 13,
2013, the Director revoked the permit and transmitted notice of said revocation to the
owner of Elegant Spa.
Pursuant to Tustin City Code section 3741, the Director may deny a massage
establishment permit for a particular location where, within the preceding twelve
months, a permit issued for the same location has been revoked. The City is not
required to establish a connection between the revoked establishment and a new
applicant in order to deny a massage establishment permit. The Tustin City Code
allows for denial based on a prior revoked permit even if the former permittee and the
applicant are entirely unrelated. Because of the recent revocation of the permit issued
for Elegant Spa at the Proposed Location, the Director denied the Appellant's massage
establishment permit application on December 5, 2013.
Although not necessary for the denial of the massage establishment permit application,
City staff has identified several links between the Appellant, Elegant Spa, and another
massage establishment known as Aquatic Oasis. Located at 18121 Irvine Blvd., Suites
A & B, Tustin CA, Aquatic Oasis was owned and operated by the same proprietor as
Elegant Spa. Like Elegant Spa, the massage establishment permit for Aquatic Oasis
was revoked in November 2013 following the arrest of an employee for solicitation of
prostitution in violation of California Penal Code section 647. The facts linking the
Appellant to Elegant Spa and Aquatic Oasis include:
(1) The three masseuses listed in the Appellant's application materials, Hong
Phuong Thi Ngyen, Ngoc Kim Tran, and Mai Nhat Tran, are past
employees of Elegant Spa. (See Attachment "C ")
(2) The Appellant is the "customer" listed on the utility billing account for
Aquatic Oasis. (See Attachment "D ")
974689.1
PC Hearing Report
January 28, 2014
Denial of Massage Establishment Permit Application
Page 3
(3) Following the Tustin Police Department's undercover investigation of
Elegant Spa, the Appellant contacted City staff and identified himself as a
legal representative for Elegant Spa.
(4) Mr. Dien Chiu Phan filed the current appeal on behalf of the Appellant and
is the remitter on the cashier's check used to pay the $250.00 appeal fee.
City staff immediately recognized Mr. Phan and recalled that he had
served as a translator for the proprietor of Elegant Spa and Aquatic Oasis
and had visited the business license counter numerous times on behalf of
those establishments. (See Attachment "E ")
RECOMMENDATION
Based on the foregoing, City staff recommends that the Planning Commission uphold the
denial of the Appellant's massage establishment permit application.
Julld Interrante Pamela Arends -King
Customer Service Supervisor Director of Finance
Attachments:
A. Denial of Massage Establishment Permit Application
B. Appellant's written appeal
C. Employee Information & Elegant Spa Business License Info
D. Aquatic Oasis Utility Billing
E. Supporting Documents re Mr. Dien Phan
974089.1
Attachment
0
Finance Department
SENT VIA CERTIFIED AND U.S. MAIL
December 5, 2013
Garrett Biggs
26447 Basswood Ave
Rancho Palos Verdes, CA 90275
TUSTI N
BUILDING OUR FUTURE
HONORINU OUR PAST
SUBJECT: DENIAL OF MASSAGE ESTABLISHMENT PERMIT APPLICATION — Le Petite Spa
Dear Mr. Biggs:
I am writing to inform you that your massage establishment permit application, dated October 25, 2013, for
"Le Petite Spa" (13762 Newport Ave Ste C, Tustin CA) has been denied. Pursuant to Tustin City Code section
3741, the City may deny a massage establishment application for a particular location where, within the
preceding twelve- months, a permit issued for the same location has been revoked. On November 13, 2013,
the City revoked a massage establishment permit issued to the prior occupants of the above - referenced
address. Because a revocation occurred at this location within the past month, the City is denying your
application for a massage establishment permit.
Please be advised that you may appeal this determination to the Planning Commission within ten (10)
calendar days of the date of this writing. (TCC y4 3731 and 9294(a)). An appeal fee of $250.00 is required.
Sincerely,
Pamela Arends -King
Director of Finance
Cc: Elizabeth A. Binsack
Julie Interrante
Scott Reekstin
David Kendig
Michael S. Daudt
Charles Celano
James Brabeck
400 Ctmcnmal Way Tustin C A 92780 • P. (714) 573.3060 • F i71a 832 0825 • www wsuPLa.mg
WAR IOR 1
Attachment
0
F7
CITY OF TUS'i I;!
1913 DH 12 '',11 :21
VIA HAND DELIVERED
Re: Le Petite Spa
13762 Newport Ave, Ste C
Tustin, CA 92780
Dear City of Tustin and all Concern:
I am in receipt of your letter denying my business license application for massage at the
above location. Your letter states that the reason for denial is because the previous owner, Ka
Nam Lee had an incident at separate location within past twelve months causing all his business
licenses within city of Tustin to be revoked and no license for massage would be permitted at
any of Mr. Lee's previous business locations for a period of twelve months.
I am asking the City of Tustin to reconsider my license application for the above
location based on the fact my current professional occupation with Toyota Motor Sales and
involvement within the community of Palos Verdes and Manhattan Beach for past sixteen years,
my impeccable history with owning and managing previous massage businesses, and fact that
the incident did not occur at above location and I am not affiliated with prior owner or parties
previously involved.
My sixteen years and counting of employment within the Legal department of Toyota
Motor Sales and being on board and/or coaching local youth sports, ensures that I maintain high
integrity within my professional and personal life. In addition to professional status within
Legal dept of Toyota Motor Sales, USA, Inc., I have volunteered with youth sports including
being on board of Coast Soccer League (CSL) and managing over 3,700 youth club soccer
players for approximately 6 years, coaching Palos Verdes Little League and Lunada Bay Little
League (Palos Verdes Estates) over the past seven years and was on the board or Mira Costa
Pony Ball for 5 years should provide the type of ethical life I choose to live and continue to live
by.
I previously owned and managed 777 Spa in Garden Grove and throughout my
ownership; the location was managed without any financial, administrative or unlawful
incidents. I worked extensively with the Garden Grove Police, specifically Sergeant Ed Leiva
(714- 741 -5857) to ensure that the location was owned and managed in accordance with all laws.
Mr. Leiva applauded the extra care and effort I took to ensure the location was an asset to the
community.
Lastly, I ask that you consider that the previous owner's incident did not occur at the
location I recently acquired nor has any incident over the past twelve months occurred at the
above location. It is not my intention to use any of the previous owner's staff and would work
closely with current Sergeant Jim Brabeck, whom I have already made contact with prior to
purchasing the above location. It is my understanding that this location was owned and operated
in a lawful manner and was a primary factor in my recent purchase of this location.
It is my hope that you take my impeccable professional and personal history into account
and understand that my intentions are to manage this location in an ethical manner that I
currently and have lived by at Toyota Motor Sales, USA, Inc. as well as on boards of various
youth sport boards within Palos Verdes and Orange County and will make Le Petite Spa an asset
to Tustin and local community. Should you have any questions, please feel free to contact me at
(310) 721 -5756 or Sergeant Ed Leiva at (714) 741 -5857 whom can and will attest to my above
statements.
Sincerely, /
Garrett Biggs
26447 Basswood Ave
Rancho Palos Verdes, CA 90275
Attachment
C
Massage Establishment Permit Supplemental Application
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 r J
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Address /3,7 2— o F-/
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City ? ✓S /r�J
State CA
Zip 1Z'L
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State the full, true names and residence addresses of all persons employed, or intended to be employed, as technicians
or employees
Full Name Q
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Position �wp, /f�
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Address /+� /City State ZIP
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Fu I Name
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Position
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Full Name
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Full Name
Position
Address City Slate ZIP
Full Name
Position
Address City Slate ZIP
Full Name
Position
Address City State ZIP
Full Name
Position
Address City Slate ZIP
Provide the following information for the name of the person, persons, or entity that will provide management services for the
massage establishment.
Name (Last, Rv I MI)
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Phone
ResidentAddressG y y�� s A
City TA�r
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ZIP
Name (Last, First, MI)
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Residence Address
Cily -' A "-jo
Stale CA
ZIP 9 Z9_Y�
IDoes the Applicant operate any other business on the same premises, within the City of Tustin, or the State of California? I
❑ Yes V No
If yes, for each business, provide the followino information (Else Back if Nerassarvl_
Name of Business
21i
City of Tustin, 300 Centennial Way, Tustin, CA 92780 (714) 573 -3144 Fax (714) 573 -3129
6
1747851
W Business License Account 99062018 -HONG PHUONG THI NGUYEN
Ede -Account $earth yew Batch Processing Tools Help
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Busmesslnformahon ownerinformatwn License Information Permits Attributes Properties ComnedsJ PendrgAP4
Ownership Type Fe&aIID(FEIN /SSN) StatelD(SEIN) ResdeAccouM
Contractor# Contractor EitpiatonDate Date Opened Data Closed
20787 03/17/2015 In City 09/07/2012 j --
Rate Type Rate Desorption
A X' I BASED ON GROSS RECEIPTS
Assessment Type
Busmess Code
SIC Code
7299
NAICS Code
AssessmentDescnpton
Business Code Descnptm
SIC Coda Description
M &c Personal Svcs, NEC
NAICS Code Description
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Business Description
OUT OF CITY • MASSAGE THERAPIST @ ELEGANT SPA
Business License
Account 99062113 - NGOC IOM IRAN
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File Account Search Vrew Batch Processing
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Business Information
Owner Information LicenseInformation Permits Attributes
Properties] Comments Pending Ap4 ►,
Ownership Type
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Contractor #
Contractor Empirabon Date
Date Opened
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06/18/2014 r In Lilly
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Rate Type Rate Descnpbm
A BASED ON GROSS RECEIPTS
Assessment Type AssessmentDescdpticn
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Business Code
SIC Code
7299
NAICS Code
Business Code Descripliors
SIC Code Description
Misc Personal Svcs. NEC
NAICS Code Description
Business Description
MASSAGE AT ELEGANT SPA /OUT OF CITY
Of Business License Account: 99062274 - MAI NHATTRAN
File Account search View Batch Processing Rccord Joists tjelp
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Business Information Owner Information License Information PermisIABrbules FioperdesI Comments PendNVAp4
Ownership Type Federal ID(FEIN/SSN) StatelD(SEIN) Resale Account
- _I- lllw� f
Contractor If Contractor Expiration Dale Dale Opened Date Closed
i39508 11/02/2014 InCjW 12112/2012
Rate Type
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Rate Description
BASED ON GROSS RECEIPTS
Assessment Description
Business Code D
SIC Code SIC Code DwcrWcn
(Mec Personal Sws, NE
NAILS Code NAILS Code Desaiptmn
Business Descnption
OUT OF CITY MASSAGE THERAPIST @ ELEGANT SPA
Attachment
�.... MY UY IUSIIN
WATER SERVICE
300 Centennial Way, Tustin, CA 92780
6 P.O. Box 466, Tustin, CA 92781
• " • TELEPHONE: (714) 573 -3075 After Hours: (714) 549 -6913
•o g City of Tustin offices are Closed on Holidays. Office Hours are:
• 7:30 am- 5:30 pm Monday thru Thursday 8:00 am -5:00 pm Friday
Phone Hours 8:00 am - 5:00 pm Monday thru Friday
�..`... u. MONTHLY WATER CONSUMPTION
IuamMnl eu„�n Fnnun conu.�•soo:
98094793
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SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG
❑ Current Year ■ Prior Year
PREVIOUS BALANCE
Adjustment: Past Due
Adjustment: Past Due
PAYMENT - Thank You
Avg Daily Cons: 0.73CcF = 546.16Gallons
From 6/10/2013 to 8/12/2013(63.00) Days
0.00 to 10.00 On $0.7901111000 - New Rate
11.00 to 20.00 @ $1.38000000 - New Rate
21.00 to 30.00 @ $1.81000000 - New Rate
31.00 to 40.00 @ $2.25000000 - New Rate
41.00 to 46.00 @ $2.79000000 - New Rate
0.00 to 10.00 @ $0.73000000 - Old Rate
11.00 to 20.00 @ $1.29000000 - Old Rate
21.00 to 30.00 @ $1.69000000 - Old Rate
31.00 to 40.00 @ $2.10000000 - Old Rate
41.00 to 46.00 @ $2.56000000 - Old Rate
Capital Charge 1 - Old Rate
Capital Charge 1 - New Rate
Flat Charge 1 - Old Rate
i`
STATEMENT DATE PAYMENT DUE DATE
ACCOUNT ,NUMBER
1• 111
SERVICE ADDRESS
18121 IRVINE BLVD
AMOUNT DUE AMOUNT PAID
SEE REVERSE S1DE FOR BILLING AND DELINQUENCY POLICIES
0000002789
46
160.55
10.00
16.06
186.61
5.39
9.42
12.35
15.36
11.43
2.32
4.10
5.37
6.67
4.88
4.13
8.87
23.52
AUTOPAY DO NOT PAY will appear at the bottom of your Invoice If you have You can donate to the Tustin Community Foundation through the tax deductible
signed up for this program. Your payment will be deducted on SEPTEMBER 19,2013. H2O, Help 2 Others program. The Foundation will use your donation to
PAY YOUR BILL ONLINE AT W W \V.TUSTMCA.ORG (NO SERVICE FEE!!) have donations automatically added to your water bill. l.. For questions about
hav out
the program, contact the Tustin Community Foundation at: (714) 393 -8506
• ,- or log on to www .tustincommunttyfuundation.org
T V S 1 l I I, l�J T RETURNTHIS PORTION WITH PAYMENT
E l CITY OF TUSTIN
TELEPHONE:
Hours: ;) 573-3075
WATER SERVICE
300 Centennial Way, Tustin, CA 92780 • a
1 P.O. Box 466, Tustin, CA 92781 thers
BUILDING OUR FUTURE
HONORING OUR PAST
❑ CHECK IF YOU ARE MAKING A DONATION
TO H2O PROGRAM ON REVERSE SIDE
rIIIIIFIIrIII' �II�IIIIIIIIIL��I�III��IFIIIF���II�IFIIIIIII�ILIIII
GARRETT BIGGS
18121 IRVINE BLVD
TUSTIN, CA 92780 -3408 Cr��
❑ CHECK IF ADDRESS HAS CHANGED (SEE REVERSE
E041173-000
B• September l9, 2013
E BLVD
• B
169.42
PAYMENTS RECEIVED 20 DAYS AND LATER FROM STATEMENT DATE ARI
SUBJECT TO ABLATE FEE. RETURNED CHECKS ARE SUBJECT TO A
SIDE)
TO PAY THIS INVOICE
BY CREDIT CARD
❑ I AM INTERESTED IN THE AUTO PAY PROGRAM
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Attachment
E
I
CCTV OF TUSTIN
MASSAGE ESTABLISHMENT PERMIT SUPPLEMENTAL APPLICATION
PLEASE CHECK APPLICABLE BOX OR BOXES
NC-ICHECK HERE IF RENEWAL
MASSAGE ESTABLISHMENT PERMIT - OWNER
MASSAGE ESTABLISHMENT PERMIT - OPERATOR
Please complete this application and submit II 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 -,[p/� �,.V/ Z� y l 2 0)9—(? o r
PART >: ID T �ING� R�gTIOA � 7 / J (l h
Name
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PART 3: PRIOR ADORESSE � C � � �' .,Q}• � /7 /
List in chranelo icel order ev
From address at which u have resided In the Past eight 8 ears.
Add ss '�
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From I ^ ^ � Address ' -.�.� e �. ZIP C.^
To 2 0 %r 2 City W,� ski � v► — nl �*U e_
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City of Tustin, 300 Centennial Way, Tustin, CA 02780 (714) 5.3144 axP(7 41731
573-3129 3 1
1
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CHASE! i
Remitter
CASHIER'S CHECK
GO 5C1 75s It
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Pay. TWO HUNDRED FIFTY DOLLARS AND 00 CENTS
Pay To The CITY OF TUSTIN
Order Of
Note, For Info mation only. Comment has no effect on bank's payment.
NJI frt' c i mEW TRUE wa TERMA..
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Date 12/12/2013 1221
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