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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