CC Resolution 12093RESOLUTION NO. 12093
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
REJECTING THE APPEAL OF THE REVOCATION OF THE MASSAGE
ESTABLISHMENT PERMIT FOR SERENITY SPA AT 2252 S. BASCOM AVENUE,
CAMPBELL, CA
WHEREAS, the City Council finds as follows from substantial evidence before it:
1. On March 31, 2014, Hong Leng, the owner of Serenity Spa, was granted a
massage establishment permit by the Chief of Police.
2. In August of 2016, the Campbell Police Department began receiving
complaints that the business was providing customers with illegal sexual
services.
3. During an investigation of the allegations it was determined that illegal
sexual services were being conducted at the business.
4. During an inspection following the investigation the following municipal code
violations were observed: CMC § 5.48.210(f)- Written records. The
massage establishment did not maintain written records, which include the
date and hour of each service provided; the full name and address of each
client, and the type of service receive....; The written records located during
the inspection included first names, illegible writings and no dates or times;
CMC § 5.48.210(j)- Advertising. Photographs, drawings, written or verbal
statements used in any advertising shall not explicitly or implicitly
communicate that services offered are for the purposes of sexual
stimulation or gratification; The advertisements located on "Backpage.com",
a website notoriously used in the prostitution industry, depicted scantily
clothed young women posing provocatively. CMC § 5.48.030(b)-
Unlicensed therapist. Massage services, were provided by a person who
does not hold a valid massage therapist or trainee permit or state massage
certification...; CMC § 21.36.270(d)(3)- Window coverage. The building or
structure with exterior windows fronting a public street, highway, walkway,
or parking area, during business hours, blocked visibility into the interior
reception or waiting area through the use of curtains, closed blinds, tints, or
any other material that obstructs......; the windows facing S. Bascom
Avenue were tinted and covered more that 50% by window shades.
5. Prostitution is an illegal activity. Serenity Spa operated the business
contrary to the public health, morals, peace, and welfare of the city as a
whole which is contrary to Campbell Municipal Code § 5.01.145; and
WHEREAS, the City Council further finds and concludes, based on the foregoing
evidentiary findings 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 constitute a public nuisance, and
WHEREAS, the City Council further finds and concludes based on the foregoing
evidentiary findings and testimony presented at the hearing that the appeal of the
revocation of the massage establishment permit should be rejected under CMC §
5.48.140 on the grounds that the establishment permitted any other person under
his/her control or supervision to violate, any provision of this chapter or of other
local, state, or federal law in connection with the practice of massage or operation
of a massage establishment, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell does hereby reject the appeal of Hong Leng and Serenity Spa, and
uphold the decision of the Chief of Police to revoke their massage establishment
permit.
vote:
PASSED AND ADOPTED this 6th day of December, 2016 by the following roll call
AYES: Councilmembers: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
_ ~ L
J n T. Baker, Mayor
ATTES/T:
,„ !
Wendy ood, City Clerk