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HomeMy WebLinkAboutAgenda Report - August 5, 1992 PH (15)AGEMA TITh: Proposed Rev<?cation of Iiassaq* T*chnician Licens-es, MM I I NO DATI ; August 5, 1992 PRWAF= BY: City AttorT y iigCOM�RD ACTION: Council cons i ds r s t i on of appeals from orders of revo<ation by than Police Department of Kass -age Technician Lictinsas of Rare Ray. Un Mi Barnes, and Jennifer Kwi Yoon. > Unger Lodi Municipal Code Section 5.32.160, the Chief of Police may initiate revocation proceedings against tho holder of a City massage technician's license if it is daterai-ined that the licensee has violated any state or Federal law or has permitted a violation of State or Federal law in coemoction with the operation of tha massage business. Under this p rev i s i oe , tha Chief of Police or his designee tilos wade a determination that the eAor+e•ramed licensees, in separate matters, have violated or alloy d violation of California Penal Code Section 647[b] (Disorderly Conduct) in conjunction with their euployment as Massage Technicians or Licensees. Timely appeals have been filed by tha three parsons named above, requesting that the Council haat and decide tha ratters. Under Municipal Code Section 5,32,170, the Council is obligated to hear the matters •.., at its next regular meeting, not sooner than the fifth day after such appeal is filed." All persons involved have been mailed notice of the scheduled hearings. Respectfully submitted, -84uk"*ff- am Nett city Attorney Big/vc APPROVED THOMAS A PETERSON P=W4=.3/TXTA.02V City ManaQW 0 nerawe � W KOM JOS39 G. FTLS A�,.,., .I .f. 44M, cw. rsw rwsrtwaas faa+l 822•1"1 Z5 July 1992 Re: Appeal of Revocation of of Ce r t i € i c.) to pursuant to ser t s on s 5.32.160 and 532.170 Clerk city Of Lodi r City Hall Lodi, California M -� Madame Clerk: Pursuant to the provisions of Section 5, 32. 170, I hereby appeal the action of the by Captain Jerry J. Adams, in s� rving notice of revocation cf permit pursuant to the provisions of Section 5.32.160. This appeal is made on the grounds that not only was Captain Jerry � Adams action void because he does not have the power to make such revocation, but the section of the City Code that empowers the Chief to revoke the certificate is unconstitutional in that it violates the due process clause of both the California and United States Constitutions, and is also unconstitutionally vague. Since the action of Captain Jerry J. Adams is void, any City of Lodi official acts upon the above revocation, the action will subject the individuals responsible to personal liability and the City of Lodi to liability if they were acting under any color of authority. JZAttoriney C. ieUN MI BARN S LODI POLICE DEPARTMENT As wtl1ka chest of ham Thom" As pa ween ek. mm"w July 2s 1992 "us Un Hf satVesee 1953 Harlot Place 110A Fairfield] California 94533 Rat LA0 Cale Not 92-6309 Dist ids, S4rnea# tieELM STMT LOMJWORMA VM40 1134MI shit letter ie to infor* ym that the Ladi Police D-epsr MemE has conducted on invostilaliem into dUtlatiorsa of prostitution located at Imt piste of e"loysmints 331 Ks Kattleisan Latins L.odit The r4eult of that investigation resealed th4t Peso engaged in or ptmitted ee violAtiott of Section 647(6) of tho CAl.itotait Pene.1 Co -def Snlititttion of ProatiEuti*ni Such Violation pr"tdes a bieis tot teaocaEiort of toter City of Lodi .%Aasa.ge ttthnidiAh'O Pared tareewwk to Lodi city Go44i Section SJ326160 (Ralocatioii revdidute)i j1ew are heteby t~UjP hotified that your wMa"d technician patnit fat apdrating vithia the Cityy of Lodi l ulifottia is rd"kgd, 't f# teaotdtio�t Will beeo-se 4ffeatirs an Edit fifth did aftet this notice A sail4di kh appeal proeedute 1 n airsiitbla to yous io+ich is outlined its the attached ss;t�i" bf the t:odi city Codes You ere teguited to l�mmadi4taly auerendsti Eo the thilt of police, y"r tt"kad cettifltate, If reset hire Onj gtW ibtis regatding this tenocation or the appeal ptocedates that stn hot ana-r4ttd in the Attached eectionaj pleats contact betectf.re Matt Foster at 333.67471 Hondsl through Ftidap) 8100 AN to 5:00 M, Obwelrlltl s I<tm As WILLIAtf9 chief of Polite tsyldaL-1.1- typ! J ry J: Admed "or xmwti#ations Division JJAlrJte eel Chip Villista File resiled: 1114192 Att Nei}tor to Serie , , A DrOP to Protect C17Y COUNCIL WAES W PINKt"3N. MOW PHILLIP A PENNIN0 MRVW PM Irilow W I D M HINCHMAN [ACK A. WGLOCK JOHN R_ Mandy) SWMR July 20, 1992 ma. U a Ilii Barnes 1953 Manor Place 0104 Fairfield, CA 94533 CITY OF LODI CITY HALL. 221 WEST PINE STREET PO. SOX 3006 LODI. CALIFORNIA95Z41-1910 (209) 314-5614 FAX ug" Imm Subject; RRV0CW10K OF WKSW R '1RCMICI711i LICrNSE Dear He . Barnes: THOMAS A. PETf RSON cm manae* ALICE M. Rf1MCH( Cor C1ak K)S MCNATT COY Anne -V Pursuant to Chapter 5.32 of tho Lodi Municipal Code. your appeal in the matter of the proposed revocation of your massage technician's license will be connidered by the Lodi City Council at its next regular meeting on August 5, 1992 At 7:30 p.m. or an soon thereafter as the matter may be heard. In the interim and until such time as the Council shall reach a decision on this matter, the order of revocation of your massage technician's permit issued by the Lodi Police Department in stayed. I can be reached days at (209) 333-6701, if there are further Cuelstions. Sincerely yours. *A) U"Vt- BG/ M. Mcmh!rT City Attorney an-ve CC: John C. Pyle, Enquire Floyd Williams, Chief of Police Captain Jerry Ad� Detective Matthew Foster City Clerk PDNAW. 2 /'TrM. 01V i PACHECO & PACHECO, INC. A LAW CORPORATION ,oh` fl-( )RIK Ri )AI ). �-i 'ITF :04 A4'Rk%AE14T11,( ALIF()RMA0i•;I July 22. 1992 CHARLES A PA('HE('() c7 to i)+-4, I: . ' J Lodi City Council CITY CLERK'S OFFICE P.O. Box 3006 Lodi, California 95241-1910 _ RE: Karen A. Ray LPD Case No. 92-6308 Dear Council Members: Please be advised that I represent Karen Ray with respect to the revocation of her massage technician permit with the City of Lodi. Pursuant to the July 2, 1992, letter from the Lodi Police Department, the revocation of her permit was based upon investigation that she "engaged in or permitted a violation of Section 647(b) of the California Penal Code, solicitation of Prostitution." Please consider this letter our written notice of appeal to such revocation action, the exceptions being that no such solicitation of prostitution occurred involving Ms. Ray. For your information, although the revocation letter sent by the Lodi Police Department was dated July 2, it was not post marked by .:he LPD until July 14, 1992, and was not received by Ms. Ray until Monday, July 20, 1992. In addition, t was sent to the wrong address (835 West Harney Lane, #80, Lodi, California 95240). Ms. Ray's address is 320 south Ham Lane. Lodi, California 95242-3511. I would appreciate someone from your office contacting my secretary, Susan, in order to schedule a date for the hearing which is convenient to all parties herein. Very truly yours, 4�u4 - -- O ES A. PACHECO CAP:sth cc: Karen A. Ray captain Jerry Adams Lodi Police Department I r7 331 E. Kettleman Lane Lodi, CA 95240 July 16, 1992 r,T'{ f' Re: Appeal of 'Revocation of of Certificate pursuant to Sections 5.32.160 and 532.170 Clerk City of Lodi city Hall Lodi, California Madame Clerk: Pursuant to the provisions of Section 5.32.170, I hereby appeal the action of the by Captain Jerry J. Adams, in serving notice of revocation of permit pursuant to the provisions of Section 5.32.160. This appeal is made on the grounds that not only was Captain Jerry J. Adams action void because he does not have the power to make such revocation, but the section of the City Code that empowers the Chief to revoke the certificate is unconstitutional in that it violates the due process clause of both the California and United States Constitutions, and is also unconstitutionally vague. Ar CITII COVNCIL PAWS W. PINKFMN. M lbw F Ml L M' A_ PENNING M AVW he YN *on D^nD M. HO CHMAN ACK A. SKCAOCK pMN Il. OLWA t VOW July 20, 1991 Ms. Jallliler Kwi Toon 331 A. fatty Lane Lodi, CA 95140 CITY OF LODI CITY Kali. 211 WEST PINE STREET PCO. em 3006 UM, CALOMPM "2414M 120!1 334-%.0 MK am I)I r,M Subject: RXV0ChT10V OF MASSAGE TZCMXCZAM L I [Efts 8 mar No. Toon t►«�As � rtnlnc)N ALICE MA R1 MM:P* CNV clwr, K)* hkNATt C* Al OW" Pursuant to Chapter 5.31 of the Lodi M=icipal Code. your aopsal in the matter of the proposed revocation of your massage technician's license will be considered by the Lodi City Council at its next regular meeting on August 5, 1992 at 7:30 p.m. or as soon thereafter as the matter m y be heard. In tho interim and until such time as the Council shall reach a decision on this matter, the order of revocation of your mwssage technician's permit issued by the Lodi Police Department is stayed. I ran be reached days at (209) 333-6701. If YOU atm rep=etente4 by an attorney. he or she may contact w if there are further questions. If you are not represented by an attorney, you may contact Iss directly. Sincerely yours, W,.`'' WVowt— Dw V. mcom City Attorney ccs Floyd Williams, Chief of Polica Captain Jerry Adews Detective Matthew Poster City Clerk PDM$S0/717A.01V ■ CITY COUNCIL """" 1140 "`"°' ►►ALM CITY OF LODI A /lMMM10 Muller fte %W*" DSD M /voc"11400 CM HALL. 221 WEST PINE STREET PCX A PO. BOX 3006 Tolle R 04"0 pr10ER LORI. CALIFORNIA 95241.1910 AUVU*t 6. 1992 12091 314-5634 rtix ("% 31"795 m. Jetnniter Rwi loon 331 1. Rettleslan LWe Lodi, CJS► 95140 WObJect: VK=ICR O/ RRVOCATION: MASSAGE TECHNICIAN LICENSE pear No - Yoon : THOMAS A. PETERSON City ma mw ALICE M. RENMCHE co Clerk BOO MCNATT City AFAwn" On August 5, 1991, the Lodi City council, at your request, considered at its reWIAV meeting, the appeal of an Order of Revocation by the Lodi Police ps9astMOG-Of your Massage Technician License. The underlying facts upon which titre pawposed revocation was based have been previously disclosed to you (see Lodi Police Department Crime Report No. 92-6308). You were adrieed by letter of July 20, 1992 of the date, time and location of such baring. You failed or retusad to appear in person or by representative at that tearing. Following presentation of evidence by the Lodi Police Department, tba City Council found that you have violated California Penal Code Section 647(b) [solicitation of prostitutiont by agreeing to a sex act in exchange for money or other consideration, and that this violation formed a basis for revocation of your City Massage Technician License under Lodi Municipal Cod. section 5.32.160. By vote of the c'onu-c+l, your Massage Technician License is hereby revoked, effective immediately. Your are ordered to forthwith surrender your license to the T.odi Police Department, and to immediately cease any activities within the City of Lodi as a licensed Massage Technician. Failure to do so may subject you to criminal liability. sincerely, " F 'qk�l 72P City Atr-0z ley ■IEtve cc: Lodi City Council Members Lodi Police Dept., Attnt [let. Matt Poster City Clerkf,--�— PV24ASSG . 8 /7I7Ct'A . 01V CITY COUNCIL ~5 W. PINKERTON, Mayor CITY OF LODI PHILLIP A. PENNINO Mayw Pm Temporo DWID M. HRNCHMAN CITY HAIL. 221 WEST PINE STREET P.O. BOX 3006 NCK A. SIEGLOGIOCK IODI, LALifORNIA 9 5 2 41-1910 JOHN R. [Reidy SNIDER 12091 34 August 6, 1992 1134 FAX OM 1134.V5 Ms. Oa Mi Barnes 1953 Nub= Place 0304 Pairfield, CA 94533 subject: WrICZ OF REVOCATION,- MASSAGE TECHNICIAN LICENSE Dear ISM. Barnes: THOMAS A. PETERSON ALICE M. REV ACHE GH Clerk BOe McNATT City AVeraev On ALN9=t 5, 1992, the Lodi City Council. at your request, Considered at its regular sleeting, tha appeal of an Order of Revocation by the Lodi Police Department of your Massage Technicians License. The underlying facts up= which the Proposed revocation Maw based have been previously disclosed to you and/or your attorney (see Lodi Police Department Crime Report No. 92-6308. You were advised by letter of July 20, 1992 of the date, time and location of such hearing. You tailed or refused to appear in person or by representative at that hearing. Following presentation of evidence by the Lodi Police Department. the City Council found that you have violated California Penal Code Section 647(b) `solicitation of prostitution] by agreeing to a sex act in exchange for nossry or other consideration, And that this violation formed a basis for revocation of your City Massage Technician License under Lodi Municipal Code Section 5.32.160. By vote of the Council, your Massage Technician License in hereby revoked, effective imxwdiately. Your are ordered to forthwith surrender your license to the Lodi police Department, and to immediately cease any activities within the City of Lodi as a licensed Massage Technician. Failure to do so may subject you to criminal liability. sincerely. am M. MOM City Attorney am:vc cc: John C. Fyle. Esquire Lodi City Council Navbers Lodi Foiics nep t Attn: Det, Matt Foster City Clerkly PD"82G.'71TXTA. 011 CITE COUNCIL 1w1E5 w PINKERTON. Marof PHILLIP A PENNING Marro Fm Twr4me EaANID M. HINCHMAN JACK A. 51EC.iOG7[ IOHN R. IRwM SNIDER August 6. 1992 CITY OF LODI CITY HALL, 221 WEST PRE STREET Pm BOX 3006 LODI, CALIFORNIA 952414910 (209) 334-5634 FAX In% 3 14M Ms. K&Z* n A. Ray c/o Charles A. Pacheco, Require Pacheco 6 Pacheco, Inc. 910 Florin Road, Suite 204 Sacramento. CA 95831 THOMAS A PETERSON Cify Manaw ALICE M REIMCHE City Ck k BOB MCNATT Ci fy An~ subject: NIVOOMIC0 PRACMMINGS : MhSSAGR '1'XMZCIAli' S LICENSE D4wlkr Mr. P&Chaao: The purPora of this letter is to memorialize the stipulations and agreeclents arrived at between the Lodi City Council and your client, Karen A. Ray at the meeting of August 5, 1992 regarding Ms. hay's City license for massage technician. The stipualtions and agreements between the parties reached are as follows: 1. The hearing before the City Council on revocation of your client's City Massage Technician License will be continued until the City Council meeting of September 16, 1992; 2. Should your client be convicted of violation of California Penal Code Section 647 W (solicitation for prostitutionl or a related offense at her trial now scheduled for September 3, 1992, her City Massage Technician License will be immediately revoked; 3. Should your client be acquitted of such charges, or if the matter results in a hung jury or is otherwise dismissed, your client may retain her City Massage Technician license. 4. Pending such criminal proceedings, your client stipulates that her City Massage Technician license shall immediately be suspended and ohs will forthwith surrender it to the City to hold, awaiting the outcome of the criminal matter. The unspoken corollary here is that she will not engage in employment as a Massage Technician in the City of todi while her license is so suspended. 5. This matter will be continued to the September 16, 1992 City Council meeting for further action as necessary. Ms. Daren A. Ray c/o Charles A. Pacheco, Esquire August 6, 1992 Page TWO If this comports with your understanding of the stipulations, please taunter -sign# date, and return this letter along with Ms. Ray's City Massage Technician license. If I have misrepresented any aspect of the stipulations, please advise immediately. Sincerely, Had M. MCORTl' City attorney 80 STUDIA "sD: Dated QWdiB A. PACHECO, Esquire BM:vc cc: Lodi City Council NaMers Lodi Police aepas=Wt, Attn: Detective Matt Poster City Clark.._ M EWMG. i/!ZT'A. Div JOHN C. P�/11YLE 104 XORTH /CNOOI. aTOCIT, SUITS 2" LOOT. C.A. "Sao TKUW"DM CEO$) 111.1"1 16 July 1992 Re: Appeal of Revocation of of Certificate pursuant to Sections 5.32.160 and 532.170, Open Letter to City Counsel Clerk City of Lodi City Hall Lodi, California Honorable Mayor and members of the City Counsel: Since I have filed a complaint for declaritory relief in the Superior Court of California. County of San Joaquin, and I have asked for the issuance of a restraining order pending the outcome of the suit, I feel that it is inappropriate to participate in a hearing under provisions of a City Code which may be Unconstitional. I therefore. request that, as to appellant, UN MI BARNES, that the counsel continue the matter until after the Superior Court has had the opportunity to hear arguments on the underlying request for restraining order. It is my clients position that she has not violated any federal, state, or city ordance and that the acts in revoking her license are without cause. If the superior court rules that the requirements of Due Process and the acts do not violate my clients equal protection rights, she will be more than willing to defend herself before any administrative, legislative or judicial body. Because of the above, and the fact that no adequate notice was given, I request that the Counsel hearing be continued until September for resolution of the matter of the revocation of the license of UN MI BARNES. OHM C. ttorr�ey r UN MI BARNES