CC Resolution 11603RESOLUTION NO. 11603
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
REJECTING THE APPEAL OF THE DENIAL OF THE ISSUANCE OF THE MASSAGE
ESTABLISHMENT PERMIT FOR ANGELINE'S REJUVENATING SALON AT
2617 S. BASCOM AVENUE, IN CAMPBELL
WHEREAS, the City Council finds as follows from substantial evidence before it:
On or about May 22, 2013, Sabrina Steele applied for and on or about July 10, 2013
the police chief denied a City of Campbell massage establishment permit to operate
the Angeline's Rejuvenating Salon massage establishment at 2617 S. Bascom
Avenue. Subsequently, Sabrina Steele appealed the Police Chief's decision to the
City Council;
2. The City Council scheduled the hearing for August 2, 2013. At the request of the
applicant's attorney, the hearing was continued to October 1, 2013;
3. The Campbell Police Department received complaints that Angeline's Rejuvenating
Salon was operating as a house of prostitution;
4. On June 4, 2013, undercover Police Officers verified that prostitution services were
being offered through Angeline's Rejuvenating Salon. Investigating officers also
encountered locked doors leading to the massage rooms, and the masseuse provided
a condom on the premises, in violation of the operating and facilities standards of the
Campbell Municipal Code. Sabrina Steele was issued a citation for allowing a condom
in a massage parlor (5.48.201(e) CMC) and having a locked door within a massage
parlor (5.48.220(1) CMC). One of Ms. Steele's employees, massage therapist Kieu
Luu, was cited for solicitation of prostitution at Angeline's Rejuvenating Salon
massage establishment;
5. Prostitution is an illegal activity. Angeline's Rejuvenating Salon operated the business
contrary to the public health, safety, morals, peace, and welfare of the city as a whole
which is contrary to Campbell Municipal Code 5.01.136; and
WHEREAS, the City Council further finds and concludes, based on the foregoing evidentiary
findings and the evidence and testimony presented at the hearing, that the business operations
are illegal and contrary to the public health, safety, peace, and welfare of the City as a whole,
and would constitute a public nuisance, and that applicant has operated an establishment which
had a history of these listed prohibited activities.
WHEREAS, the City Council further finds and concludes based on the foregoing evidentiary
findings and the evidence and testimony presented at the hearing that the denial of the issuance
of a massage establishment permit, should be upheld under CMC 5.48.110(b)(8) on the grounds
that the operation of the massage establishment would be injurious to the health, safety or
welfare of the community. In addition, under 5.48.110(b)(g) the denial of the issuance of the
establishment permit should be_upheld on the grounds that under 5.48.110(b)(g) the operation of
the massage establishment, as proposed by the. applicant,~would not comply with all applicable
laws including city ordinances and regulations. Lastly, the denial of the issuance of the
establishment permit should be upheld on the grounds that under 5.48.110(b)(11) significant
evidence has been presented to demonstrate that the applicant, owner, operator any officer or
director of a massage establishment has violated any provision of this chapter or any similar law,
rule or regulation of another public agency which regulates the operation of massage
establishments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
hereby rejects the appeal of the denial of issuance of a massage establishment license to
Sabrina Steele and Angeline's Rejuvenating Salon massage establishment in the City of
Campbell, thereby upholding the rejection of the issuance of a massage establishment permit for
Angeline's Rejuvenating Salon.
PASSED AND ADOPTED this 15' day of October, 2013 by the following roll call vote:
AYES: Councilmembers: Kotowski; Cristina, Baker, Waterman, Low
NOES: Councilmembers: None
ABSENT: Councilmembers: None APPRO ED:
ATTES .
Evan Low, Mayor
An Bybee, City Clerk