CC Resolution 12503RESOLUTION NO. 12503
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
REJECTING THE APPEAL OF THE REVOCATION OF THE MASSAGE ESTABLISHMENT
PERMIT FOR LT DAY SPA AT 2050 S. BASCOM AVENUE, CAMPBELL, CA
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WHEREAS, the City Council finds as follows from substantial evidence before it:
1. On June 29, 2015, Linda Tang, owner of LT Day Spa, was granted a massage
establishment permit by the Chief of Police.
2. Since July of 2018, the Campbell Police Department has received complaints that the
business was providing customers with illegal sexual services and that the
businesses and its clientele have created a nuisance in the surrounding
neighborhood.
3. On April 15, 2019, the Campbell Police Department went to LT Day Spa for the
purpose of conducting an inspection of the establishment for adherence to the
Campbell Municipal Code.
During the inspection, several code violations were found. These violations included:
(1) 5.48.210 (a) — No photographs were attached to the CAMTC certificates posted in
the reception area; (2) 5.48.210 (c) — No sign indicating that all payments for services
must be paid at the reception area; (3) 5.48.210 (d) — Alcohol, including wine, hard
liquor and beer located on the premises; (4) 5.48.210 (f) — The written records were
not maintained properly; (5) 5.48.220 (n) — Video monitors were in each massage
room which projected real time images of the parking lot and entrance; (6) 5.48.210
0) — This section states that no photographs, drawings, written or verbal statements
used in any advertising shall not explicitly or implicitly communicate that services
offered are for the purpose of sexual gratification; (7) 5.48.220� (e) & (f) — The
establishment was messy and unclean; (8) 5.48.220 (i) — Locks on, interior massage
rooms were functioning.
4. On May 8, 2019, the Campbell Police Department went to LT .Day Spa for the
purpose of conducting a follow-up inspection of the establishment for adherence to
the Campbell Municipal Code.
During the inspection, continued code violations were found. 'These violations
included: (1) 5.48.210 (f) — The written records were not maintained properly; (2)
5.48.220 (n) — Video monitors were in each massage room which projected real time
images of the parking lot and entrance.
5. LT Day 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 in violation of the Campbell Municipal Code 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
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
hereby reject the appeal of Linda Tang and LT Day Spa, and uphold the decision of the
Acting Chief of Police to revoke their massage establishment permit.
PASSED AND ADOPTED.this 17th day of September, 2019 by the following roll call vote:
AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: Councilmembers: None
ABSENT: Councilmembers: None
AOV 1w7
ich d M. Wat4man, M
ATTEST:
Wendy Wood, City Clerk