CC Resolution 12549RESOLUTION NO.12549
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
REJECTING THE APPEAL OF THE REVOCATION OF THE MASSAGE
ESTABLISHMENT PERMIT FOR BASCOM MASSAGE AT 3495 S. BASCOM
AVENUE, CAMPBELL, CA
WHEREAS, the City Council finds as follows from substantial evidence before it:
1. On October 19, 2010, Peiran Xu, owner of Bascom Massage, was granted a
massage establishment permit by the Chief of Police.
2. On August 9, 2012, Peiran Xu completed a renewal application which was
accepted by the Campbell Police Department.
3. On May 9, 2019, the Campbell Police Department received an anonymous
complaint that a customer went to Bascom Massage and the therapist
suggested he may need "other services." The complainant also stated
there were a lot of men walking in and out and that the massage therapists
were dressed in tight clothing and short shorts.
4. On June 11, 2019, Campbell Police Department personnel accessed
"Rubmaps.com" (a known website for clients to post about services that are
sexual in nature received at massage establishments) to determine if
Bascom Massage had received any reviews. There were numerous
reviews, indicating that sexual services are provided at the establishment.
5. On June 11, 2019, the Campbell Police Department went to Bascom
Massage to conduct an inspection of the establishment for adherence to the
Campbell Municipal Code.
During the inspection, the following code violations were found: (1) Failure
to annually renew massage establishment permit (CMC 5.48.080(a)); (2)
The California Massage Therapy Council (CAMTC) massage therapist
certificates were not posted in a conspicuous place on the massage
establishment premises (CMC 5.48.210(a)); (3) No sign existed stating the
services offered, including the price and length of each service (CMC
5.48.210 (b)); (4) No sign indicating that all payments for services must be
paid in the reception area (CMC 5.48.210(c)); (5) The written records were
not maintained properly (CMC 5.48.210(f)); (2) One therapist was dressed
provocatively with significant cleavage exposed in violation of the dress
code requirements (CMC 5.48.210(g)); (6) No cabinets or other covered
spaces were available for the storage of clean linens (CMC 5.48.220 (c); (7)
The establishment was messy and unclean. There were stacks of supplies
and other miscellaneous items that were randomly placed throughout the
establishment. Both the bathroom and the shower area were unclean
(5.48.220 (e) & (f)); (8) There were not any obvious indications of
vote:
disinfecting agents or sterilizing equipment for any instruments used in the
practice of massage (CMC 5.48.220 (g)); (9) No interior doors should be
locked at any time. The lock on the door from reception area into the
massage area was locked (CMC 5.48.220 (i)); (10) There were no secure
deposit devices or a security bags that may be carried by the client for the
protection of valuables (CMC 5.48.220 (j)).
In addition to the municipal code violations, lubricant designed specifically
for sexual intercourse was located in a massage room that was occupied by
a male client and female massage therapist.
6. On September 10, 2019, an undercover officer went to Bascom Massage to
investigate the establishment for adherence to the Campbell Municipal
Code. During that investigation, violations were found. These violations
included soliciting prostitution by one of your employees, when she touched
the undercover officer's genitals in violation of CMC 5.48.200 (a) and (b)).
7. Bascom Massage 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:
1. 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;
2. The permittee engaged in and has permitted persons under her control or
supervision to violate, provisions of this Chapter 5.48 of the Campbell Municipal
Code and other state laws in connection with the practice of massage and
operation of a massage establishment; and
3. Employees of the establishment have offered prostitution services in the course
of their employment and the permittee has failed to prevent them from doing so.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell does hereby reject the appeal of Peiran Xu and Bascom Massage, and
uphold the decision of the Chief of Police to revoke their massage establishment
permit.
PASSED AND ADOPTED this 21 st day of January, 2020 by the following roll call
AYES: Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Susan M. Landry, M or
ATTEST:
Wendy6bod, City Clerk