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HomeMy WebLinkAbout04 PC REPORT LODESTONE CHIROfiARING R PORT GsTti MEETING DATE: APRIL 14, 2015 TO: CITY OF TUSTIN PLANNING COMMISSION FROM: JULIE INTERRANTE, CUSTOMER SERVICE SUPERVISOR SUBJECT: APPEAL OF NOTICE OF INVALID BUSINESS LICENSE — LODESTONE CHIROPRACTIC APPELLANT: ANTONI NGUYEN 17542 IRVINE BLVD., SUITE A TUSTI N, CA 92780 LOCATION: 17542 IRVINE BLVD., SUITE A TUSTI N, CA 92780 RFOIJFST ITEM #4 Mr. Antoni Nguyen ("Appellant") appeals from and requests reconsideration of the Director of Finance's notice of invalid business license for Lodestone Chiropractic (17542 Irvine Blvd., Suite A, Tustin, CA). The Director of Finance's February 23, 2015 Notice of Invalid Business License is included as Attachment "A". The Appellant's March 4, 2015 written appeal is included as Attachment "B' . JURISDICTION Any decision of the Director of Finance ("Director") may be appealed to the Planning Commission. (TCC §§ 2512(g) & 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)). 1078989.1 BACKGROUND/DISCUSSION On or around January 25, 2013, the Appellant submitted a business license application to the City for Lodestone Chiropractic, to be located at 17542 Irvine Blvd., Suite A, Tustin, CA (the "Application"). The Application is included as Attachment "C". Page two of the Application includes a series of "Yes/No" questions including the following: Will you provide massage therapy or operate a bath, sauna bath, or massage establishment? In response, the Appellant checked the "No" box, indicating that massage therapy would not be provided at the business. On February 18, 2015, City staff learned that massage therapy was being provided at Lodestone Chiropractic, when a massage therapist working as an independent contractor at that address appeared at the business counter seeking to renew her own business license for the provision of massage. That individual was not and is not now licensed by the California Board of Chiropractic Examiners. Additionally, City staff uncovered an online advertisement, posted on March 1, 2015, for full body massage at the Lodestone Chiropractic premises. This online advertisement is included as Attachment "D". The advertisement, which identifies the business as "Lodestone Therapy", makes no mention whatsoever of chiropractic practice. The City's business license application form states "any misrepresentation, false, misleading, or incomplete answers on this form may cause this application to be denied or rescinded." Pursuant to Tustin City Code section 2512(e): "All information specified to be set forth on any application form ... shall be submitted completely and accurately and the license subsequently issued shall be based upon the information submitted. Any license shall be deemed based upon the application on file, and if the information is incomplete or inaccurate, the license shall be deemed invalid. If information submitted in an application subsequently becomes incomplete or inaccurate by reason of a change in circumstances, the license shall thereafter be deemed invalid. Upon the Director's learning of any inaccuracy or incompleteness, notice shall be given forthwith to the licensee, at the address shown on the license, that the license is invalid." The Application contains incomplete and inaccurate information concerning the nature of activities conducted at Lodestone Chiropractic because Appellant failed to inform the City that the business would offer massage therapy. Therefore, in accordance with the Tustin City Code, Appellant's business license is invalid. Appellant argues that he was not required to check "Yes" in response to the question of whether massage therapy would be provided at Lodestone Chiropractic because massage falls within the scope of chiropractic practice per Section 302 of Title 16 of the California Code of Regulations. Appellant's reliance on Section 302 confuses the issue at hand and is irrelevant. The sole question on appeal is whether or not Appellant provided inaccurate or incomplete information on his business license application in response to the question, "will you provide massage therapy or operate a bath, sauna bath, or massage establishment?" Appellant's written appeal acknowledges that massage is provided onsite. The fact that massage may be administered in conjunction with chiropractic treatment by a duly licensed chiropractor does not absolve Appellant from his obligation to respond truthfully to the question of whether such therapy will be provided. Additionally, the online advertisement included as Attachment "D" shows that massage services are offered onsite and makes no representation that such services are provided as part of a course of chiropractic treatment, thus calling into question the entire premise of Appellant's otherwise irrelevant claim. RECOMMENDATION Based on the foregoing, City staff recommends that the Planning Commission uphold the Director of Finance's notice of invalid business license for Lodestone Chiropractic and approve Resolution No. 4279. Jee Interrante Customer Service Supervisor Attachments: Pamela Arends-King Director of Finance/City Treasurer A. Notice of Invalid Business License B. Appellant's written appeal C. Business license application — Lodestone Chiropractic D. Online advertisement for massage E. Resolution No. 4279 Attachment A Notice of Invalid Business License Finance Department February 23, 2015 Lodestone Chiropractic Antoni Ng uyen 17542Irvine Blvd Ste. A Tustin, CA 92780 USTIN BUILDING OUR FUTURE HONORING OUR. PAST SUBJECT: NOTICE of INVALID BUSINESS LICENSE — LODESTONE CHIROPRACTIC Dear Mr. Nguyen: On February 1, 2013, the City of Tustin issued you a business license for a chiropractic business at 17542 Irvine Blvd Ste. A. Your business license application, submitted to the City on Janus ry 25, 2015, states that no massage services would be provided in connection with the business. The City of Tustin Business License Division recently learned that massage services, and not chiropractic services, are being offered at this location. Because the information provided in your original business license application does not contain an accurate description of the nature of the business being conducted, please be advised thatY our business license (Business License #99052544) is hereby deemed invalid pursuant to Tustin City Code section 2512(e) (All information specified to be set forth on any application form prescribed by the Director shall be submitted completely and accurately and the license subsequently issued shall be based upon the information submitted. Any license shall be deemed based upon the application on file, and if the information is incomplete or inaccurate the license shall be deemed invalid. If information submitted in an application subsequently g Y becomes incomplete or inaccurate by reason of a change in circumstances, the license shall thereafter be deemed invalid. Upon the Director's learning of any inaccuracy or incompleteness, notice shall be given forthwith to the licensee, at the address shown on the license, that the license is invalid.) It is unlawful to transact or conduct any business in the City of Tustin without a valid business license. (TCC § 2512(b)}. Violators may be subject to civil, criminal and/or administrative penalties. Pursuant to Tustin City Code section 2512(8), you may appeal this decision to the Cit Planning 9 Commission by filing a written appeal with the City Clerk during normal business hours within ten (10) calendar days of the date of this decision. The appeal must be accompanied by a deposit or p fee 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 reasons why the action taken by the Director of Finance should be modified or reversed. You are entitled to be represented by counsel at the appeal hearing. 300 Centennial Way, Tustin, CA 92780 0 P: (7] 4) 573-3060 0 F: (714) 832-0825 ' * www.tustinca.org LODESTONE CHIROPRACTIC NOTICE OF INVALID BUSINESS LICENSE February 23, 2015 Page 2 i You may present evidence and shall be given a full opportunity to show why the subject license should not be deemed Invalid. Should you file an appeal, you will be notified at least ten (10) days in advance of the hearing date. Please contact Julie Interrante, Customer Service Supervisor, at (714) 573-3077 if you have any questions regarding this matter. j Sincerely, Pamela Arends-King Finance Director/Treasurer cc: Jeffrey C. Parker, City Manager Elizabeth Sinsack, Director of Community Development Charles Celano, Chief of Police Julie Interrante, Customer Service Supervisor Luis Garcia, Sergeant Michael Daudt, Deputy City Attorney Erica Rabe, City Clerk Services Supervisor Amy Stonich, Senior Planner Tustin Medical Associates, Property Owner Attachment B Appellant's written appeal March 4, 2015 City of Tustin City Planning,; Commission 300 Centennial Way Tustin, CA 92780 Lodestone Chiropractic Antoni Nguyen 17542 Irvine Blvd. Suite A Tustin, CA 92780 I. Appeal 2015 HAA —S A 11, 20 QLtCEVMED A N C, P TU TIN MY CLERKS OFFICE This appeal `s made pursuant to Section 9.94 of the Tustin City Code. The decision being, appealed 'is dated February 23, 2015 which denie3the business license for Lodestone Chiropractic. (Aiiaclintem A) II. Basis for Appeal The letter, from the City of Tustin dated February 23, '20 15 claims that Lodestone Chiropractic is offering massage services end not chiropractic services. The issue is that masae is within the scope of practice of chiropractic service as defined under California Code. Title 16 Division 4 Article 1 Section 302 of the California Code of'Regulations states: the following.: §302. Practice of Chiropractic. (a) Scope of Practice. (1) A duly licensed chiropractor may manipulate and adjust the spinal column and other joints of the human body and in the process thereof chiropractor may rnanipulatc� the muscle and connective true related thereto. (2) As part of course of chiropractic treatment, a duly licensed chiropractor m.-.ty use all necessary mechanical, hygienic. and sanitary measures incident to the care of the body, including, but not limited, to, air, cold. diet, exercise, heat, light, niassage, physical culture, rest, ultrasound water. and physical therapy techniques in the course of chiropractic manipulations and/or adjustments. (Wttachnr int B) Therefore, the information in the ori -)Jnal business license application is. correct. The question at issue from the business license application asks, "Will you provide massage therapy or operate a bath, sauna bath, or massage establishment?" This question is clearly referring to what is commonly known as a massage parlor. The answer to this question is no. Lodestone Chiropractic offers chiropractic services which include chiropractic ma sage treatment. Lodestone Chiropractic does not operate a massage parlor or massage services out,3ide the scope of chiropractic services. M. Relief Sought This appeal seeks the decision to deny the business license to be reversed. Lodestone Chiropractic is operating both 1) within the description of the nature of the business as submitted in the business license application; and 2) within the scope or practice of chiropractic services as defined by the California Cade of Regulations. Sincerely, Antoni Nguyen Attachment C Business license application — Lodestone Chiropractic ON% tf= I�.1,,/Q�A�i t MMI Q tyle pp Cts i.� iR City of i �T Biminess Liconse Application wcause a delay in processing. r ill 300 cente.l Wad Tustin, CA 92780 714-673-3144 FAX 714-573-3129 Rusines�s Name* t> --Z3 *(If other than surname, include a copy o your approved fictitious usiness Nwme stat er'crit filed with the County Clerk.) Susi.ness Address v'kf f Suite Number (U e f Fast Office or courmercial m box for business ad Ess is a misdemeanor.) City �" . *'T0, State 4;-- , Zip Code 7-1 C--> MaLiHng Address� � � Suite No. City State Zip Cade . Business Phone' Cell Phone i 1 FAX .� ��rrrririrrw Seller's Permit, No. 'Your -ail Address (if City oi' Tustin address, include ropy of stiler's permit showing Tustin iocation.) WEB SI.T� Nature and 'i-rpc of Goods Sold; Number of F mployees at this location. �.-. " If csa are a Y ndlor rovi a tenant roster. it- Business Activity (,Please be specific) ~` �- '~ ` % � Business Tvpe (check one) ale Ownership /independent dent Contractor,/partnersh Ip In Corporation / Corporate Identification No. (located on Articles of Incorporation) State E3LLC Identification No. State State Employer ldentifaication No.lmrw "I Federal Identification No, Tax and Revenue Code requires taxpayer identification, complete the Mowing, If Carp/.L.LC, use Officer. RESWENCE ADDRESS OF RESPONSI113LE PARTY 19 REQUIMMo Marne Driver's License No. Residence Address cityNow. State 4 g Zip Code mcrgency Phon If pattnesship, name partner below: Driver's License No. -77 Name Residence Address City state Zip Code Emergency Phone Approximate batt of the Start of this business at this location In the City of Tustin , -,11 "'- �M I hereby declare, ander penalty of perjury, that the foregoing information is true and correct. As a condition for the issuance of the license applied for, I agree to subrnit any Additional information that may be regUiired and to conduct all phases of this bwsiness in conformance with all applicable laws, ordinances and regulations established for sucks busmi ess/profession. In add7ition# myJgnatUre serves to verify that I have been infox=ed that this l.�ceme renew is dine every January 19 and delinquent riot paid by the first day of Febnrary in any year in which busintax In catu+dutcted In the City of Tustia. tj P 0 k,.) - - - Z3 a to�f FA C2 Sitz ire Printed Name and Title Fete SEE TAX SCHEDULE ENCLOSEM MACE CHECKS PAYABLE TO THE CITY OF TUSTIM ANY BUILDINO CONSTRUCTION OR SIGN INSTALLATION WILL REQUIRE A BUILDING DEPARTMENT PERMIT. OFFICE USE ONLY PLNG - BLDG WAIIPR FI LETTER RECEIPT OF FEES COLLECTED ZONING INITIALS t, r ,. J� 3 904 DATA �t�• 1 �' r�r-13 J14� � A11 AUNT CHECK # DATE I INITIAL I T: ... I BusinesskRevlsed Forms 20OMusApp ., �- /00/ coo ANY 'VIOLATION OF THE TUSTIN ,CITY CODE AND/DR MISREPRESENTATION, FALSE, MISLEADINGs OR INCi. MPLZTE ANSWERS ON TIT F09M MAY CAUSE TMS APPLICATION TO BE DENIED OR RESCINDED. FEES ARZ NOT REFUNDAB . �' ' n— . " Telephone Business Name v% Approximate Square Footage of Hu,siness a 0; ' ' Business Location A z n N2, 2-,& FILL IN THE PERCENTAGE OF EACH BUSINESS USE THAT APPLIES (BASED ON SQUARE FOOTAGE)—BASED ON Toa PERCENT, WHAT COMPRISES YOUR BUSINESS ACTIVITY. NUMBERS SHOULD ALD UP TO 100. O Ce Was*h0UXC Industr.al(It&D Retall WbolesWe Service Yes o'er Is your business address also your home addresa? If Yes, please complete the supplemental home occupation questionnaire. ] YesWill you operate a social club, dating service, or escort service? yesro Will you provide and/or arrange live entertainment? Yes mill you provide, arrange and/or produce adult cnterWnment anal/car sell or rent adult oriented material? 13 Yes o Will you provide bifards, pool, bagatelle, bowling alleys, or more than five (5) pinball or electronic games? Yes � Is your firm a private patrol service? Yes &�11 ' Does a patrol service work for you? Dame and address of service: Yes © Will your business havc a Accurity alarm systcm? ,�, , �.•�" Name and addreas of alarm company: Yes MO o Will you provide tnassage therapy or operate a bath, sauna bath, or massage establishment? Yes 0 Will your business sell, manufacture, or have mall order adult books, lingerie, toys, or novelties? Yep 0 Will you operate an antique store or business that buys or sells used itcrns? If Yes, ,please complete the supplemental used merchandise afridavit, { YesWill you operate a busirtem that involves pawn? Q Yes o Will you operate a business that involves brokering, buying, selling, or trading automobiles or other motorized v+ehicics, whether running or not? [3 Yes M.? Will any merchandise be displayed outside the building? Yes Will your bu$iness sell beer, ane, and/or other alcohoUc beverages? ❑ Yes vot Will you sell firearms? R 0 Yes Are you adding or removing any doors, windows, walls, or partitions? Yea C Are you modifying, adding, or removing any plumbing, mechanical, or electrical systiom? ❑ yes o Will any accessory sheds, canopies, awnings, or ether exterior structures be installed for this business? ❑ Yes levo or, Will you be constructing any signs (temporary or permanent) outside the building? �] Yea ISO< WW you be storing any materials outside the building? Yesffg� WILT you be storing any commercial vehicles, tools, or equipment onsite? { Yea 0_ Will you have any aboveground or uxidcrground. tanks? [] yes -leo Will water be used in your manufacturing or processing? Yes ,�-i� o � Will your business involve cooldng on a commercial stove or fryer? } Yes _ Axe you installing a new commercial hood or fire protection system? [3 Yes � WiII the business provide t3`aining or classed at your business location to anyone not employed by the business? If renting a buOdIng, office, ip r s ace to whom wig or do you pay rent? t3wrxer/ lana *WyW�e��� Add�'essTelephone When does or will ,your current lease end? .►,. How many units do o or will you lease at taus location ?_--r Yes o 'WiII you be sharing this location with another business? Your business location wiU be checked by the zoning, buRding, water, polica, and fire departments. If you have any doubt that your business location, activity, and/or building does not eonforns with the requirements of the Municipal Code, please contact these 4epartments for iiuthear information before Bing thLs application or entering into a Lease Agreement. I understand that this application and payment of tax does not licen,-aie me to operate until i have fulwted 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 a ee to obtain all necessary City permit(s) when a permit is required. Sign u e int lame and Title Date Dr ivexis License No. eutineesstRovlsed Forma 2002\Bu1U ue5dannaite Attachment D Online advertisement for massage 315/2015 WE OPENING 10:00am-9:00pm -Full Body MASSAGE! $50/hr Shower available a@ City Tustin--- 714838-8633 - Orange County therapeutic massage - This is Google's cache of htt :Moran ecount . hack Dag e.comThera eutic Mass elwe-a eni n -1 009am-90 m - full -bad -massa e-50hr-shower-available-cit-tustin-714-838-5633/29954940. It is a snapshet of the page as it appeared on Mar 3, 2015 16:48:49 GMT. The current page could have changed in the meantime. 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Orange County services > Orange County massage arrange county, ca free classifieds WE OPENING 10:00am=9:00pm - Full Body MASSAGE! $50/hr Shower available @ City Tustin--- 714-838-8633 Posted: Sunday, March 11 201512:23 PM WE are OPEN 7 [SAYS A WEEK From 10:00am - 9:00pm SUNDAY 10:00am - 8:OOPM Walk in & appointment WELCOME COME & enjoy the luxurious MASSAGE that you deserve YOU will be happy & satisfied with our place LODESTONE THERAPY 17542 Irvine Blvd., Suite #A ,TUSTIN, CA 92780 PHONE: 714-888-8533 Please print and bring ad with you to receive special discount 17542 Irvine Blvd., Suite A at B Street, 92780 goo, mar) I vahoa Map Location: Orange County, 17542 IRVINE Blvd.,Suite A (corner B St) • Post ID: 29954940 orangecounty r\Z., - � i S http,l/webcache.googieuser content. corn Isear ch?q:lcache:yQbvFi FkQ1AJ-or angecounty.backpage.corn/Ther'apeutiWassage/we-openi ng- 10C}0am-9OOpm-fu ll -b... 112 3/5/2015 WE OPENING 10:00am-9:00pm -Full Body MASSAGE! $50/hr Shower available @ City Tustin— 714838-8633 -Orange County therapeutic massage-... Enlarge Picture f•rwM,�'•:;.wl:i!"•'.i1�.•S;L.r,l'�.::•; �r�,'v':• .i!t°.-•r.�:.��i: L. Enlarge Picture M .Ac ou P to F. I r gy I Tem 1 f 2015 b_.. e.co_m orangecounty,backpage,corn is an interactive computer service that enables access by multiple users and should not be treated as the publisher or speaker of any information provided by another information content provider. http:llwebcache.googleusercontent.com/search?q=cache:yQbvFiFkQIAJ:orangecountyrbackpage.cornlTherapeudcMassagetwer-opening-1000am-9o0pm-full-b.., 2/2 Attachment E Resolution No. 4279 RESOLUTION NO. 4279 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN UPHOLDING THE NOTICE OF INVALID BUSINESS LICENSE FOR LODESTONE CHIROPRACTIC LOCATED AT 17542 IRVINE BLVD., SUITE A. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That on or around January 25, 2013, Antoni Nguyen submitted a business license application, as owner, for a business named Lodestone Chiropractic located at 17542 Irvine Blvd., Suite A, Tustin, California (the "Application"); B. That the Application states the business activity to be conducted onsite is that of a chiropractic office; C. That the Application states the business will not provide massage therapy or operate a bath, sauna bath, or massage establishment; D. That on February 18, 20157 City staff learned that massage therapy was being provided at Lodestone Chiropractic; E. That pursuant to Tustin City Code section 2512(e), all information specified to be set forth in a business license application must be submitted completely and accurately; if the information is incomplete or inaccurate, the license shall be deemed invalid; F. That on February 23, 2015, the Director of Finance notified Mr. Nguyen, owner of Lodestone Chiropractic, that his business license was deemed invalid pursuant to Tustin City Code section 2512(e) because the information provided in the Application did not contain an accurate description of the nature of business being conducted; G. That on March 4, 2015, Mr. Nguyen appealed from the Director of Finance's notice of invalid business license for Lodestone Chiropractic; H. That a public hearing on the matter was duly called, noticed, and held for said appeal on April 14, 20151 by the Planning Commission; I. That the Planning Commission determines that the Application contains incomplete and inaccurate information concerning the nature of business conducted at Lodestone Chiropractic because the Application states that massage therapy will not be provided onsite; and J. That the Planning Commission determines, based on the foregoing, that the Director of Finance properly notified Mr. Nguyen that the business license for Lodestone Chiropractic was deemed invalid pursuant to Tustin City Code section 2512(e). II. The Planning Commission hereby upholds the Director of Finance's notice of invalid business license for Lodestone Chiropractic located at 17542 Irvine Blvd., Suite A, Tustin, California. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14th day of April, 2015. JEFF THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4279 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of April, 2015. ELIZABETH A. BINSACK Planning Commission Secretary