HomeMy WebLinkAboutAgenda Report - September 16, 1992 PH (13)or
� r
CITY OF LODI
i
AGENDA TITLE: Public heering to consider an appeal to the Lodi City
Council under Lodi Municipal Code Section 5.32.120
by Frances Elkins, dba Lakewood Health Spa, 1381 #B,
West Lockeford Street, Lodi, of the Order of the Chief of
Police revoking her Massage Business License under Lodi
Municipal Code Section 5.32.110.
MEETING DATE: September 16, 1992
PREPARED BY: City Attorney
ACTION: Ccrmcil public hearing of appeal in re the matter of an
Order by the Chief of Police revoking the Massage
Business License of Frances Elkins for the Lakewood
Health Spa, 1381 #B, West Lockeford Street, Lodi.
BACKGROUND: As the Council is aware, during the month of May 1992,
the Police Department investigated a number of massage
establishments in the City of Lodi. As a result, there
were several individual Massage Technician permits
revoked by the Chief of Police. In addition-, the business licenses for two
massage establishments were also revoked, including the Lakewood Health Spa,
1381 #B, West Lockeford Street, Lodi. This business is owned by Frances Elkins.
On July 23, 1992, a hearing was held before the Chief of Police regarding the
proposed revocation of the Massage Business License. B&,sed on the facts noted
in that letter :attached), the Businese License was revoked.
At the request of Roy Edwards, attorney for Ms. Elkins, the matter of Ms.
Elkins appeal was continued to the September 16, 1992 Council meeting. That
matter is now before the Council for hearing and decision.
The rules for conduct of such hearing are the same as those utilized previously
in the related hearings conducted August 5, 1992.
FUNDING. No applicable
Respectfully submitted,
- t5j
Bob McNatt
City Attorney
attachment
APPROVED
PDMASSG.9/TXTA.OIV
THOMAS A PETERSON
City Manager
recycled parer
cc 1
'PON
,..ODI POLICE DEPARTMENA
Floyd A. Williams
Chie( cf Police
Thomas A. Peterson
City Manager
Ms. Elkins:
July 23, 1992
JUL 24 M2
` 11Y A torney'S p
230 WEST ELM STREET
LODI. CALIFORNIA x5240
(20% 333.6727
A -
On July 23, 1992, at 9:00 a.m., a hearing was held at the
Police Department regarding the revocation of your massage
business license.
Upon completion of the hearing, it is my decision to revoke
the license for your establishment. Two factors Jere
paramount in my decision to revoke:
1. The widespread participation among your employees;
at least three of the four employees were involved.
2. Prior incident two years ago where at least one
employee was involved in the same type of activity.
In accordance with Section 5.32.120, you may appeal this
decision to the City Council within five days of receipt of
this letter. A copy of this Section is enclosed for your
information and further instruction.
Flnvd 3ie?illiams
Chief of Police
FAW = sm
encls.
cc: Roy Edwards, Esq.
Bob McNatt, Esq.
Det. Foster
An Honor to Serve. .. A Duty to Protect
DECLARATION OF MAILIITG
On August 21, 1992 in the City of Lodi, San Joaquin County, California, I
deposited in the United States mail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi,
California, and the places to which said envelopes were addressed.
I declare under penalty of -perjury that the foreg�.ng iv true and correct.
Executed on August 21, 1992, at Lodi, California.
Alice M. Reimche
City Clerk
oz
(41�
r3i-YtAAA �//1
nnife . Perrin
Deputy City Clerk
DEC#01/TXTA.FRM
°` CITY Ora LORI
c�4 CARNEGIE FORUM
305 West Pine Street, Lodi
CE OF PUBLIC HEAJIING'
Date: September 16, 1992
Time: 7:30 p.m.
For information regarding this Public Hearing
Please Contact:
.dice M. Reimche
City Clerk
Telephone: 333.6702
NOTICE OF PUBLIC HEARING
September 16, 1992
NOTICE S HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter:
a) to consider an appeal to the Lodi City Council under Lodi
Municipal Code Section 5.32.120 by Frances Elkins, owner of
Lakewood Health Spa, 1?81 West Lockeford Street, Lodi, by order
the of Chief of Police revoking her massage business license
under Lodi Municipal Code Section 5.32.110.
All interested persons are in vied to present their views and comments on this
matter. Written statements may be filed with the City Clerk at any time prior
,o the hearing scheduled herein, and oral statements may be made at said
hearing.
Ifyou challenge the subject matter in court, you may be limited to raising oniy
those issues you or someone else raised at the Public Hearing described in
this notice or in written correspondence defivered to the City Clerk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
A6� / pimok
Alice M. Reimche
City Clerk
Gated: August 19, 1992
Approved as to form:
l�VBoby ( W"1_ McNatt6w
City Attorney
MASSAGE PARLOR LICENSE
MAILING LIST
EXHIBIT B
Floyd Williams Bob McNatt
Chief of Police City Attorney
Frances Elkins
1381 West Lockeford Street
Lodi, CA 95240
September 14, 1992
SEP 14 1992
City -A's orney's Office
TO WHOM IT MAY CONCERN:
I, Prances Elkins, am the owner of the Lakewood Health Spa, 1381 "B" Waet
Lockeford Street, Lodi, California, and a-. tha balder of a City of Lodi
Permit to operate a massage establishment at that location.
After consultation with my attorney, I agree and coneent to revocation for
cause of such license end request that the hearing on this matter, now
scheduled before . the .'.Lodi City Counzzl' ! on September 16, 1992, be dropped
from the Agenda.
Da -ed 1 1992
�)
0 r
11�17'o I E.f_/
Frances Elkins
RECEIVEP
CITY CL,7F�'.
fCITY
Jp