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Item 1a: Appeal of Business License Revocation: IFitness & Beauty Spa at 133 E. Huntington Drive
(1) STAFF REPORT Development Services Department DATE: August 3, 2010 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director5L1L- By: Jim Kasama, Community Development Administrato Prepared By: Silva Vergel, Business License Officer SUBJECT: APPEAL OF THE BUSINESS LICENSE REVOCATION FOR NON- COMPLIANCE WITH THE CITY OF ARCADIA MASSAGE THERAPIST REGULATIONS BY IFITNESS & BEAUTY SPA AT 133 EAST HUNTINGTON DRIVE Recommendation: Deny appeal and uphold revocation SUMMARY The Business License Office revoked the business license for (fitness & Beauty Spa located at 133 E. Huntington Drive on May 17, 2010 at the request of the Arcadia Police Department for non - compliance with the City of Arcadia Massage Therapist Regulations. Mr. Qiang Zhao, owner /operator of (fitness & Beauty Spa filed an appeal of the revocation on May 25, 2010. A hearing of this appeal by the Business Permit and License Review Board (i.e., the Planning Commission) was held on June 22, 2010. The Business Permit and License Review Board unanimously upheld the revocation. This decision was appealed to the City Council on July 1, 2010. Copies of the revocation notice and the appeal letters are attached as Exhibits 'A' and 'B'. BACKGROUND Per Arcadia Municipal Code Section 6216.7, the Business License Officer may suspend or revoke any business license upon receipt of information from any source that any of the following has occurred: The holder of the license knowingly provided false or misleading information in applying for the license, or in any report required to be filed with the City or any other agency with jurisdiction over the operation of the business; or (2) The business has been expanded or converted to another business without the required City approvals and permits; or The holder of the license has violated any of the conditions of the license or any other applicable permit, or has violated any law of the United States or the State; or (4) The holder of the . license has been found guilty of fraud, misrepresentation or conduct detrimental to the public welfare. A revocation requires at least ten (10) days' written notice, within which the applicant may file an appeal to the Business Permit and License Review Board. The Planning Commission was designated the Business Permit and License Review Board (Board) by Ordinance No. 2263 that was adopted on December 1, 2009. The Board is the first arbiter of appeals of business license denials and revocations, and the Board's decisions may be appealed to the City Council. At the conclusion of an appeal hearing, the Board shall by a majority vote of the members present, order that the business license be revoked, suspended, reinstated, or reinstated contingent upon the applicant/appellant performing some remedial action such as, but not limited to, paying a fine or penalty. The Board may also prevent the holder of a revoked or suspended license from applying for a new license within one (1) year or such other certain, specified reasonable time period as the Board deems prudent. Within ten (10) days of receiving notice of the Board's decision, the appellant may appeal the Board's decision to the City Council. In considering an appeal of the Board's decision, the City Council shall consider the Board's findings and decision and may adopt them in total, hold a de novo hearing, or may amend, modify or reject the decision of the Board, and may send the matter back to the Board with instructions to rehear any relevant matter not previously heard and then resubmit additional amended or modified findings to the City Council. The City Council may revoke, amend or modify the license, or impose such other or further reasonable terms, conditions or restrictions on the license to ensure that the business will not be operated in a manner that is contrary to or inimical to or jeopardize the preservation of the public peace, safety or welfare of the City and its inhabitants, or be detrimental to other properties or businesses in its vicinity. The City Council may also prevent the holder of a revoked license from applying for a new license within one (1) year or such other certain, specified, reasonable time period as deemed prudent. The decision of the City Council shall be final. If the final determination of a business license revocation includes a provision that no new business license may be requested by the holder of the revoked license for a certain, specified amount of time, a new license may not be requested during that time period by the holder of the revoked license or by his or her employee, agent, partner, director, officer, controlling stockholder or manager, for any business or location within the City or by any other person for the same business on the same premises, or for the same business on a different premises within the City. If, after the specified period of time, an application for a new business license is made, the applicant must comply with all requirements of this Code. There shall be no automatic reinstatement and the City is under no obligation to grant the new license. (3) Business License Revocation (fitness & Beauty Spa 133 E. Huntington Dr. August 3, 2010 — Page 2 DISCUSSION (fitness & Beauty Spa was issued a business license on November 20, 2008 for a day spa offering fitness, skin care and massage services at 133 E. Huntington Drive. The business license was issued for the operation of the day spa business and not for any massage therapists. (fitness & Beauty Spa was inspected by the City on the following dates: April 7, 2009, August 4, 2009, February 1, 2010, February 5, 2010, and May 14, 2010. On each occasion, City staff found multiple violations of the following Arcadia Municipal Codes. The massage therapist regulations are attached as Exhibit 'C', and the reports of the violations by the Arcadia Police Department are attached as Exhibit 'D'. 1) Section 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES — This Section requires that massage services be incidental and secondary, and in compliance with all building, zoning and business license requirements. Violations of this Code Section were noted at the inspections held on August 4, 2009, February 1 and 5, 2010, and May 14, 2010. Based on conversations with the manager and City staff's observations, it was determined that massage is not incidental and /or secondary, but comprises a majority of the business activity. This was further substantiated by the customers present who were either getting, or waiting to get a massage, and were not there for any other type of service. 2) Section 6418.5. BUSINESS LICENSE REQUIRED — This Section requires that the owner or operator of a business that provides massage services have a Massage Business License. Violations of this Code Section were noted at the inspections held on August 4, 2009, February 1 and 5, 2010, and May 14, 2010, and it was observed each time that massage therapists were either present, or performing massage without having the proper licenses. 3) Section 6418.9. BUSINESS OWNER /OPERATOR RESPONSIBILITY — This Section holds the massage business owner and /or operator responsible for the conduct of the employees and any independent contractors operating at the location, and requires that the owner and /or operator not allow any person to conduct massage without a valid City Massage Therapist Identification Card, or State Massage Certificate and City Massage Verification Card. Violations of this Code Section were noted at the inspections held on August 4, 2009, February 1 and 5, 2010, and May 14, 2010. On each of these inspections, massage therapists were either present or performing massage on customers without having obtained valid licenses. It is the responsibility of the business owner to ensure that all of the employees and /or independent contractors have the necessary licenses. Business License Revocation (fitness & Beauty Spa 133 E. Huntington Dr. August 3, 2010 — Page 3 4) Section 6418.10. MASSAGE THERAPIST IDENITIFICATION CARD REQUIRED IF NO MASSAGE CERTIFICATE — This Section requires that any person performing massage services without a State Massage Certificate have a City Massage Therapist Identification Card. Violations of this Code Section were noted at the inspections held on August 4, 2009, February 1 and 5, 2010, and May 14, 2010. The massage therapists that were present during these inspections did not have valid City of Arcadia Business Licenses, Massage Identification Cards issued by the Arcadia Police Department, or Certification Cards issued by the California Massage Therapy Council. 5) Section 6418.20(C). OPERATIONS — CLOTHING — This Section requires that each massage therapist and all other employees be fully clothed with uniforms similar to those worn at medical offices. Violations of this Code Section were noted at the inspections held on April 7, 2009, August 4, 2009 and February 1, 2010. The employees were informed during the first inspection that massage therapists must wear uniforms, but at the subsequent inspections, uniforms were not being worn. 6) Section 6418.20(Q). OPERATIONS — NOTICES — This Section requires the conspicuous posting of the following notice in each massage room or enclosure: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ARCADIA POLICE DEPARTMENT WITHOUT PRIOR NOTICE Violations of this Code Section were noted at the inspections held on April 7, 2009, August 4, 2009, February 5, 2010, and May 14, 2010. The business operators were informed of this requirement at the first inspection, but the notices were not on display at the subsequent inspections. 7) Section 6418.20(S). OPERATIONS — RECORDS OF TREATMENT — This Section requires the owner and /or operator to keep on -site, specific records of the dates and hours of each treatment or service for at least two years, and that the records be open to inspection by authorized City official. Violations of this Code Section were noted at the inspections held on April 7, 2009, August 4, 2009, and May 14, 2010. During these inspections, the Records of Treatment were either not available, or did not have the required information as stated in the Code. After the inspections and investigation, which included an Internet search that found the advertisements that are included in the Police Department's reports (Exhibit 'D'), the Business License Office revoked the business license of Ifitness & Beauty Spa on May 17, 2010. The owner /operator appealed the revocation on May 25, 2010. The revocation notice and appeal letter are attached as Exhibits 'A' and 'B'. Business License Revocation (fitness & Beauty Spa 133 E. Huntington Dr. August 3, 2010 — Page 4 The Business Permit and License Review Board (Board) heard the appeal on June 22, 2010 and voted 5 -0 to uphold the revocation and deny the appeal. The Board's decision was based on findings that the business was being conducted without the required licenses, that the business owner had multiple opportunities over a year -long period to correct the violations, and that massage therapy activities were not purely incidental and secondary to the established day spa business. The minutes of the June 22, 2010 Board hearing are attached as Exhibit 'E'. On July 1, 2010, Mr. Qiang Zhao, the owner /operator of (fitness & Beauty Spa appealed the Board's decision to the City Council. This appeal letter is attached as a part of Exhibit 'B'. RECOMMENDATION The Police Department and the Development Services Department recommend that the appeal be denied and that the revocation of the business license for (fitness & Beauty Spa be upheld, and that Mr. Qiang Zhao and his employees, agents, partners, directors, officers, controlling stockholders or managers not be allowed to apply for a new business license in the City of Arcadia for a period of one (1) year. If the appeal is to be approved and the revocation overturned, the Police Department and the Development Services Department recommend the following conditions of approval: 1. That the business and premises shall be brought into compliance with all provisions of the Arcadia Municipal Code, and all other applicable State and Federal regulations within 30 days; and 2. That for the next 12 months, the business shall be subject to direct review by the City Council, such that should any violation occur, a revocation hearing shall be held directly by the City Council, at which time the Council may revoke the business license in accordance with Sections 6216.7 and 6216.8 of the Arcadia Municipal Code. Approved:a��..CQ�e�..►�. -a.., Donald Penman, City Manager Exhibits: A — Revocation Notice B — Appeal Letters from Mr. Qiang Zhao C — Massage Therapist Regulations D — Police Department's Inspection and Investigation Reports E — Minutes of the June 22, 2010 Business Permit and License Review Board hearing Business License Revocation (fitness & Beauty Spa 133 E. Huntington Dr. August 3, 2010 — Page 5 City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5415 (626) 447 -3309 Fax www.ci.arcadia.ca.us May 17, 2010 CERTIFIED WAIL RETURK RECEIPT REQIIE$T'Et Mr. Qiang Zhao 'fitness & Beauty Spa 133 E. Huntington Dr. Arcadia, CA 91006 SUBJECT: Revocation of Business License No. 049465 Dear Mr. Zhao: The purpose of this letter is to inform you that Business License No. 049465 for the day spa (fitness and beauty center) located at 133 E. Huntington Dr. is being revoked. Said revocation is due to violations of the Arcadia Municipal Code that have been listed below: 1. 6418.3. Massage therapy business activities shall be purely incidental and secondary to any established business 2. 6418.5. Business License Required 3. 6418.9. Business Owner /Operator Responsibility 4. 6418.10. Massage Therapist Identification Card Required if No Massage Certificate 5. 6418.20(C). Clothing Requirements 6. 6418.20(Q). Notices. 7. 6418.20(S). Records of Treatment. You are to immediately cease the operation of your business within the City of Arcadia. Continuing to operate the business in the City without a license violates Arcadia Municipal Code Section 6211, which constitutes a misdemeanor. Per Arcadia Municipal Code Section 6418.23 (attached) you may appeal this decision within ten (10) days of the date if thus notice. Said appeal must be made in writing and delivered to the undersigned by Thursday, May 27, 2010. If you have any questions, please contact me at (626) 574 -5430 or at svergel@ci.arcadia.ca.us. Sincerely, Silva Vergel Business License Officer C: Lawrence Investments LLC, Property Owner Enclosure EXHIBIT 'A' May 24, 2010 Business Permit and License Review Board 240 W. Huntington Dr. PO Box 60021 Arcadia, CA 91066 -6021 Dear Business Permit and License Review Board, I am writing to appeal City Hall's decision to revoke the business license No. 049465 for I Fitness & Beauty Spa. This business is located at 133 E. Huntington Dr., Arcadia CA 91006. We are a day spa operating in the city of Arcadia for under a year. We feel that we have made our best effort to comply with City Hall's regulations. On May 18, 2010, we received a letter revoking our business license under several violations. We would like to request a hearing to address these violations. We hope to resolve any misunderstandings because we would like to continue our business in the city of Arcadia. Please inform us of t he date and time of the hearing. I can be contacted at 626- 757 -2988 or 626- 927 -8786. Sincerely, Qiang Zhao I Fitness & Beauty Spa RECEIVED I4AY 2 5 2010 EXHIBIT 'B' Dear Business Permit and License Review Board, I am writing to appeal City Hall's decision to revoke the business license No 049465 for I Fitness & Beauty Spa. This business is located at 133 E. Huntington Dr., Arcadia CA 91006. We are a day spa operating in the city of Arcadia for under a year. We feel that we have made our best effort to comply with City Hall's regulations. On June 22, 2010, the Business Permit and License Review Board denied our appeal and upheld the revocation of our business license. We would like to request another hearing to address these violations. We hope to resolve any misunderstandings between our business and the city of Arcadia. Please inform us of the date and time of the hearing. I can be contacted at 626- 757 -2988 or 626-927-8786. Sincerely, Qiang Zhao I Fitness & Beauty Spa MASSAGE THERAPIST REGULATIONS 6418.3 — PERMISSIBLE MASSAGE THEREAPY BUSINESS ACTIVITIES It shall be unlawful for any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may operate at (a) an established medical office, including the office of a chiropractor; and (b) a personal service business. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage therapy business, unless the massage operations are conducted within a structure located in a zone where such use is permitted. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division including licensing requirements, and all other applicable requirements of law. 6418.5 — BUSINESS LICENSE REQUIRED Any person owning or operating a business that provides massage therapy shall apply for and obtain from the City of Arcadia a Massage Business License. Obtaining the required business license includes obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. The applicant shall file a written application on the required form provided by the Development Services Department. The following information, documents and other requirements shall be included with the submission of such application: (A) A statement of the exact location of the business, including the full street address and all telephone numbers associated with said location. If the business will be operated by an individual who is not the owner, the owner shall provide a letter of verification, signed and dated, indicating the intent to employ the operator. (B) Full name, and all aliases used by the applicant, along with complete residence address and telephone number, (C) Previous residential addresses for five (5) years immediately preceding the current address of the applicant, (D) Driver's license number or identification number, (E) Social security number, (F) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct, (G) A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its contents; EXHIBIT 'C' and (c) understands the duties of owners /operators of businesses that provide massage therapy as provided in this Division, (H) Applicant's valid Massage Certificate or valid Massage Therapist Identification Card, if applicant plans to practice massage therapy. Applicants who do not show proof of either a valid Massage Certificate or a current Massage Therapist Identification Card shall also provide the following information: (A) Whether or not the applicant is required to register as a sex offender pursuant to Penal Code Section 290, (B) All criminal convictions, including pleas of nolo contendere (no contest), within the last ten (10) years, including, without limitation, those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations; and the date and place of each such conviction, (C) Two (2) front -face portrait photographs at least two inches (2 ") by two inches (2 ") in size taken within thirty (30) days immediately preceding the date of application, (D) A complete set of fingerprints taken on the date of application by the Arcadia Police Department, (E) Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. All applicants shall pay a nonrefundable business licensing fee sufficient to cover the costs of business licensing activities, in the amount established by resolution of the City Council. 6418.9 — BUSINESS OWNER/OPERATOR RESPONSIBILITY All massage therapy business owners and /or operators shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Division shall be deemed the act or omission of the business owner for purposes of determining whether the owner's license shall be revoked, suspended, denied or renewed. No business owner and /or operator shall employ any person, or allow any person, to conduct a massage or act as an independent contractor conducting massage who does not have either a valid Massage Therapist Identification Card or a Massage Certificate and City of Arcadia Massage Verification Card. In order to ensure compliance with these Code provisions, no massage therapy business owners shall employ any person who has not shown them either their valid Massage Therapist Identification Card or valid Massage Certificate and City of Arcadia Massage Verification Card. EXHIBIT 'C' Page 2 6418.10 - MASSAGE THERAPIST IDENTIFICATION CARD REQUIRED IF NO MASSAGE CERTIFICATE. Any person performing massage or massage therapy without a Massage Certificate shall apply for and obtain from the City of Arcadia a Massage Therapist Identification Card. The applicant shall file a written application on the required form provided by the Arcadia Police Department. The following information, documents and other requirements shall be included with the submission of such application: (A) A statement of the exact business location at or from which the applicant will be working as a massage therapist, including the full street address and all telephone numbers associated with said location, and a letter of verification from the owner of the business, signed and dated, indicating the intent to employ the applicant, and the following personal information concerning the applicant: (1) Full name, and all aliases used by the applicant, along with complete residence address and telephone number, (2) Previous residential addresses for five (5) years immediately preceding the current address of the applicant, (3) Written proof that the applicant is at least eighteen (18) years of age, (4) Height, weight, color of hair and eyes, and gender, (5) Driver's license number or identification number, (6) Social security number, (7) The occupation and employment history of the applicant, including, without limitation, names, addresses and telephone numbers of all employers, for the five (5) years immediately preceding the date of application, (8) The complete permit history of the applicant concerning massage or massage therapy services provided by the applicant, including, without limitation, whether the applicant has ever had any license or permit, issued by any agency, board, City, or other jurisdiction, denied, revoked or suspended, and if so, the date, location and reason for the denial, revocation or suspension, (9) Whether or not the applicant is required to register as a sex offender pursuant to Penal Code Section 290, (10) All criminal convictions, including pleas of nolo contendere (no contest), within the last ten (10) years, including, without limitation, those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations; and the date and place of each such conviction, (11) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct, (12) A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its contents; and (c) understands the duties of a massage therapist as provided in this Division; EXHIBIT 'C' Page 3 (B) Two (2) front -face portrait photographs at least two inches (2 ") by two inches (2 ") in size taken within thirty (30) days immediately preceding the date of application; (C) A complete set of fingerprints taken on the date of application by the Arcadia Police Department; (D) A certified copy of the applicant's diploma or certificate of graduation and certified transcript of graduation for completion of five hundred (500) hours of instruction from a recognized school of massage; (E) Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; (F) The applicant shall pay a nonrefundable application fee at the time of filing an application, in the amount established by resolution of the City Council. 6418.20 - OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times while on the massage therapy business premises have in his or her possession either the Massage Therapist Identification Card required by this Division or their Massage Certificate, a valid photo identification, and their City of Arcadia Massage Verification Card. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and /or operator shall at all times while on the massage therapy business premises have in his or her possession a copy of the Business License required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each owner or operator of a massage therapy business shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering.. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that EXHIBIT 'C' Page 4 depicts nudity or semi - nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of either each Business License or each Massage Therapist Identification Card, shall be deemed to consent to the reasonable inspection of the business premises during regular business hours by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (N) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (0) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18 "). Two -inch (2 ") thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (P) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted. (Q) Notices. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: EXHIBIT 'C' Page 5 THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ARCADIA POLICE DEPARTMENT WITHOUT PRIOR NOTICE. (R) Roster of Employees. The business owner and /or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and /or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. (S) Records of Treatment. The business owner and /or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty -four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. EXHIBIT 'C' Page 6 Date: May 6, 2010 To: Sergeant T. LeVeque From: Detective J. Bonomo Subject: Massage Establishment Revocation Request Sir, Police Department The City of Arcadia's massage establishment inspection team has conducted several inspections at /Fitness & Beauty Spa, 133 E. Huntington Dr., and has found and documented several continued non - compliance issues that I believe will not be resolved regardless of our efforts. The employees have been warned and cited for these violations several times, but we have been forced to close the business during inspections due to the violations. Based on our observations and actions taken, I request that this business have their business license revoked and be sent before the review board for violations of AMC 6418.20(C) (Clothing Requirements,) 6418.20(Q) (Required Posted Notices,) 6418.19(S) (Maintaining Records of Treatment,) 6418.3 (Massage Shall Be Secondary and Incidental,) 6418.9 (Business Owner Responsibility,) 6418.10 (Massage Therapist I.D. Card Requirements,) and 6418.5 (Business License Requirements.) I have attached all Police and City reports associated with this business to this report, along with internet advertisements for services offered and reviews from an Internet massage review site. This package will be forwarded to the Business License Office for processing. EXHIBIT `D' 7/20/09 09 -2169 On 4/07/09, at 1945 hrs, Officer Orswell and I, along with representatives from Arcadia Fire Department, Arcadia Code Enforcement Department Inspector, inspected 1 Fitness & Beauty Spa, 133 E. Huntington, Arcadia. We talked to owner Qiang, Zhao who is also a massages therapist, MT 0874. In attendance were massage therapists Ying Shun Cui, MT 0866, and Qiu Jin- Cindy, MT 0885, both independent contractors with current licenses. This was an initial inspection. Our purpose was to check to see if any violations existed. We found the following violations: clothing similar to uniforms worn in medical offices, notices that read IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM, records of treatment. A copy was provided to Zhao. Jill Perumean, Arcadia Fire Department inspected the location and found the following violations: spliced electrical cord to lights in rear foyer - cord disappears into ceiling, remove deadbolt- . latches. : The violations must be corrected within 14 days or by 5/07/09. A copy of the vlol ati±bns was provided to Zhao. Terry Moore - Korse, Arcadia Cge Enforcement found the following violation: staff needs to wear uniforms: similar to uniforms in a Doctor's office. No other violations were found. A copy of the violation will be mailed to Zhao. Reports from Arcadia Fire and Code Enforcement are attached. Case number obtained at a later date and therefore out of sequence. Additional information They are open for business Monday through Sunday. They offer facials, foot massage, spa services and massages. Zhao found it difficult to give us percentages for income sources because he recently opened for business (February 2009) and did not have enough business yet. Primary business- $60 -80 per hour. Massage Therapy -$60 per hour. ARCADIA POLICE DEPARTMENT Incident Report 1, Type, Location, and Time of Incident I Type of Incident I 6- U)v - rotJ Location of Occurrence . 'E 1hirirrrlhtbn 0/ arrrrlecta -Q_ Beat/RD� Date and Time Reported II. Reporting Party [ ] Victim j ] Owner [ ] R/0 [ ] Subject [ ] Last Name z+-4D First Name IQ IANCx Middle Residence Address City State Sex Birthdate (Mo /Day/Year) 1 ?(p Code State . •":Zip Code. Driver's License # Race 4 Business Address or School Atten•ed City 1 f 1 I 1 - 1 - S S I ' • --L i 14j / n on v L. Cell # Bus # (6 2.10 - =110 II, Reporting Party [) Victim [) Owner [' >] RIO [ }. ;. Subject [ Last Name First Name Residence Address City Business Address or School Attended City III. Vehicle information 0 icer and ID # j 4 f°I Aes Date 4 -1 Premise State Zip Code State Zip Code Occurred on/or b Between and b Supervisor and ID # Date Date Driver's License # Race Sex Res # Cell # Bus # 1 For Agency Use Only Case No 0 g _ 2.1 I cl Day - tv�s Day Birthdate (Mo /Day /Year) Year, Make, Model, Style, Color, License Plate w /State Suspect Vehicle [) Victim Vehicle [ ] Other Involved Vehicle [ ) Date Time IC145 Time IV. Property Description Article /Make Model Number Serial Number Color Lost/Stolen /Damaged /Found Value . 2. 3. 4. 5 0 Property Continuation Page Total Value: ARCADIA POLICE DEPARTMENT Incident Report 1, Type, Location, and Time of Incident I Type of Incident I 6- U)v - rotJ Location of Occurrence . 'E 1hirirrrlhtbn 0/ arrrrlecta -Q_ Beat/RD� Date and Time Reported II. Reporting Party [ ] Victim j ] Owner [ ] R/0 [ ] Subject [ ] Last Name z+-4D First Name IQ IANCx Middle Residence Address City State Sex Birthdate (Mo /Day/Year) 1 ?(p Code State . •":Zip Code. Driver's License # Race 4 Business Address or School Atten•ed City 1 f 1 I 1 - 1 - S S I ' • --L i 14j / n on v L. Cell # Bus # (6 2.10 - =110 II, Reporting Party [) Victim [) Owner [' >] RIO [ }. ;. Subject [ Last Name First Name Residence Address City Business Address or School Attended City III. Vehicle information 0 icer and ID # j 4 f°I Aes Date 4 -1 Premise State Zip Code State Zip Code Occurred on/or b Between and b Supervisor and ID # Date Date Driver's License # Race Sex Res # Cell # Bus # 1 For Agency Use Only Case No 0 g _ 2.1 I cl Day - tv�s Day Birthdate (Mo /Day /Year) Year, Make, Model, Style, Color, License Plate w /State Suspect Vehicle [) Victim Vehicle [ ] Other Involved Vehicle [ ) Date Time IC145 Time FRCADIA POLICE DEPARTMENT ncident Report — Narrative Officer and ID # ,i)(Nab * 2ri5 11-r-rAc..He7 Date For Agency Use Only Case No. 69 Date Pane of Date 4 . Responsibl erson 0`1-)6 x 2D 6418.19. OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are rmed. lothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall fully opaque, nontransparent uniforms, similar to uni firms worn in medica ' ffices, and shall complete covering of the genitals, pubic area buttocks anal : .and chest area. (D) Sterilizing Equipment. Each massage therapist`'shali pro ide >and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall rovide to =ail` patrons .clean, sanitary and opaque coverings capable of covering the patron "s specified anato ncal areas Yncluding the genital, anus and chest area Reuse is prohibited unless the covering is adequately cleaned: (F) Linen. Towels and linen shall,.Aii changed and laundered promptly after each use Separate cabinets or containers shall be provided fofthe storage: clean::and "soiled towels and linen. (G) Advertising. No massage` therapist operating.. under this Division shall place, publish or distribute, or cause to be placed, published or distributel::ariy advertising matter that depicts nudity or semi- nudity or employs language in the text of such advertising thg:would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage theraigtmay discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other eelassification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. Thbusiness owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Perniits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at Name of Business t5 SP Address 5 t s 1 F'J 9 Telephone Number bit,/ _ 1 G 2g' ' the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18''). Two -inch (2 " ") thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and ms shall be charged for such services other than those posted. otices. The following notice shall be conspicuously pospit in a location* ithin the business where sage therapy services are performed that is easily e`toa:'ny person =entering the premises and in each massa a room or enclosure: IN COOPERATION WITH THE ARCADIA PO LICE 1D EPAR,TMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PBIUIODIC INSPECTI(DN>TO INSURE OUR PROFESSIONALISM. (T) Roster of Employees. The business owe = and/or operator shall maintain a register of all massage therapists and employees, showing the neck as es'and< used by the massage therapist or employee, home address, age, birth date, gender, hei `4ht'uvzight.,, color of hair and eyes, phone numbers, social security number, ; date of employment and termination, if any,., d duties of each employee. The above information concerning each massage therapist and employee shalt be e maintained at the premises of the business for a period of two (2 ) years following termination. The bus owner and/or operator shall make the register of massage therapists and employees available immediately' for inspection by the City regulatory officials upon demand at all onable times. :` ?< ecords of Treatment. The business owner and /or operator shall keep a record of the dates and hours of treatment or service, the name and address of the patron, the name of the massage therapist administering such service an a s • ' • • e rea en or service rendered. A short medi�at h;cr�nr firm shal� completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty -four (24 months after such treatment or service. These records shall be open to inspection demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The infornation furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. 6418.19 Massage Therapy Business Activities Primary Business ❑ Acupuncture `Day Salon or Spa ❑ Physical Therapist Name of Medical Professional or Business Owner Telephone Number (0110 S ` 1 be6 Scheduled Hours at Location Primary Business (Monday W Tuesday 1;2/Wednesday :4) Thursday XCFriday Saturday , Sunday Percentage of Income Sources Primary Business Hourly Rate Name Primary Business �' q C A\ Massage Therapists Present at the time of the Inspection 0 Medical Office ❑ Chiropractor Other AL wl , Present at time of inspection? 154Yes Massage Therapy Massage Therapy 4 100 l ok Drtze) 4°7 10_44 C -- C .L'5V' 661 t" Massage Therapy MT ID # MT c3(o — ( 3 FIRE PROTECTION SYSTEMS Service portable fire extinguishers) - 906.2 Fire extinguishers) required - 906 1 Fire extinguishers) mounting required - 906 7 Fire sprinkler - 5 year certification required - 901 61 Fire sprinkler system maintenance required - 901 6 Fire alarm system maintenance required - 901 6 Hood and Duct - fire system service required - 901.6 Hood and Duct - system cleaning required - 901 6 HOUSEKEEPING VIOLATIONS Fire resistive construction - 703 1 Fire assembly testing and maintenance - 703.4 Improper storage of combustible materials No storage allowed in boilerlmechanicallelectttcal rooms: Improper use of combustible decorative 1:natenal - 807 " _; Combustible vegetation - 304 1.2 GENERAL REQUIREMENTS Address numbers - 505 1 Knox Box required - 506 1 Secure compressed gas cylinders, tt3i;nks `containers, ; - 3003 5 Contact Person Si Inspector's Name ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626) 574 -5104 (626) 445 -1819 FAX 1 DBA F Date Business Address OCCY# ❑ No violations noted (NVN). Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection Your attention is directed to the items checked below These violations must be corrected in order to meet minimum Fire and Life Safety Requirements. For clarification of the items noted, please refer to the comments section. ELECTRICAL HAZARDS Improper use of zip cords or extension cords - 605 5 Improper use of multi -plug outlets - 605 4 Electrical panel access - 605.3 Correct electrical hazard - 605 1 EXIT REQUIREMENTS Exit obstruction -1028 3 Aisle obstruction -1014 4 Exit doors:= operation - 1008.1.8 Ex i O0pii locking devices - 1008.1.8 3 Cotndlor obstruction - 1028.3 :Stairway obstruction - 1028.3 Exit sign illumination - 1011 2 ;❑ Exit signs required - two or more exits - 1011 1 ❑ Emergency backup exit lighting - 1027.5 SPECIAL HAZARDS Permit required - App 1 105.1 Extreme hazard - App 1 110.1 Other hazards • S 7- v i You are hereby notified to correct the items checked above within 14 days, or prior to A re- inspection will be held on or after this date at no charge A reinspection fee may be assessed and billed by tht City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. 1 have read this statement and understand that a fee may be charged if corrections are not made in a timely manner and additional re_insgections are necessary. 30 L / — ! ! ! ` _. - -' i cv) Date 7 - v ID #-?' Or Company C aptain's -- FPB 101 DATE: April 7, 2009 TO: Mike Daleo FROM: Terry Moore-Korse SUBJECT: Inspection on April 7 ofpfeinises located • at 133 East Huntington Drive, On April 7, 2009, 1 went to the subject roperty to inspect the property for compliance with the Massage Ordinance. I found that the staffneeds to Wear uniforms similar to uniforms in a Doctor's office. No other violations were found during e inspection. MEMORANDUM Development Services Department IV. PROPERTY DESCRIPTION Article /Make Model Number Serial Number Color Lost/Stolen/Damaged/Found Value . 2 3 . C A.4)---LaPd . ❑ Property Continuation Page Tot l Valueal : Offi ere ID 4 `2 1 35 D e 0(Z5(O1 Supervisor and ID # Date A.RCADIA POLICE DEPARTMENT INCIDENT REPORT I. TYPE, LOCATION AND TIME OF INCIDENT Type of Incident Ctry CZ% v tOLA -(( Location of Occurrence Premise C i rrw� ?, ?) • rvni6 [ -rL J D (L Mctilc___ Beat/RD Date and Time Reported /6'`f (o q i clod rtes Occurred onlor Between and Date /6 Date Day T U. Day Time Time II. REPORTING PARTY 0 VICTIM 0 OWNER 0 RIO 0 SUBJECT 0 Last Name f 1IT First Name `i` Middle Residence Address City State Zip :Code Business Address or Sch iA \ ttended v City S:ti to Zip'Code 1 1 ' tl�L1J 1 ' L/7" , ' ( 923 . 4- hiv ccro/ J 0(Z A4_CAC7 !F :..: Driver's License # Race 4 Sex Birthdate (Mo/Day/Year) Res # Cell # E n" - 76 00 11. REPORTING PARTY 0 VICTIM 0 OWNER Last Name First Name Residence Address Zip Code Business Address or School Attended City State Zip Code Driver's - License # Race Sex Birthdate (Mo/Day/Year) Res # Cell # Bus # III:VEHICLE INFORMATION For Agency Use Only Case No. b 6 1-2 Year, Make, Model, Style, Color, License Plats w /State Suspect Vehicle ❑ Victim Vehicle 0 Other involved Vehicle ❑ Officer a 61 ID a Dale 0 fa5/0 Supervisor 617 - Date Ce2-400? &ROAM POLICE DEPARTMENT INCIDENT REPORT - NARRATIVE For Agency Use Only Case No. Page of 8/25/09 09 -2169 On 8/04/09, at 1900 hrs, Officer Orswell and I, along with a representative from Arcadia Code Enforcement Department inspected I Fitness & Beauty Spa, 133 E. Huntington, Arcadia. We talked to owner Ma, Yi, the owner's wife. John Lo, Arcadia Police Department Volunteer in Patrol was used as a translator. This was a follow up visit to 4/07/09 to see if previous violations had been corrected. We found the following violations: notices that read IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM, roster of employees and records of treatment. This was their second notice for the above violations. A copy was provided to Ma. Additional information Jill Perumean, Arcadia Fire Department, inspected the , location on 7/01/09 and found all previous violations corrected. See attached inspection report. Terry Moore - Korse, Arcadia Code Enforcement, found the following: The property owner has to keep records Of treatment at the property. Uniforms must be worn at all times not just when an inspection occurs. A letter will be sent to the business owner with the violations :; noted above. See attached report. They are open for business Monday through Sunday, 1000 hrs to 2100 hrs. Their business is split 50%-50% between spa services and massage services. Primary business-$60 per hour. Massage Therapy -$60 per hour. Massage TherapistLian Yu Hao was present and had a receipt dated 6/24/09. She had not received her card yet. � )2 s 1D c1 Date ) Name of Business Fl")i Responsible Person Iv _ bL Address ` } N 1 1'') 3 x !7 .f Telephone - Number `'V 4 `> — 1 � ?j 6418.19. OPERATIONS. ,J, 1 0 HAD 4:11, nrJ (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage "therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medic l offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area <and chest°area. D) Sterilizing Equipment. Each massage therap istshall rc ide" ( g g p' p ` ":. ; '''and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide;all patrons clean, sanitary and opaque coverings capable of covering the patron "s specified anatomical areas including °the genital, anus and chest area Reuse is prohibited unless the covering is adegivately clamed. (F) Linen. Towels and linen shall ,be changed:. promptly after each use Separate cabinets or containers shall be provided ., for` the storage!ofelean,'d soiled towels and linen. (G) Advertising. No massage' therapist operating :Oder this Division shall place, publish or distribute, or cause to be placed, published or distributedafiy advertising matter that depicts nudity or semi - nudity or employs language in the text of such advertising that::v €ould reasonably suggest to a prospective patron that any other services are available other than those scrvices authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other'classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18'"'). Two - inch (2 " ') thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the inimum length of time such service is performed shall be posted in a conspicuous public location on the:, business premises. No.:services shall be performed and ums shall be charged for such services other than:::those pastel. otices. The following notice shall be conspicuously ptsted a location within the business where ssage therapy services are performed that is easily visible to.. any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR> RIODIC 1SPECTTON TO INSURE OUR PROFESSIONALISM. �!7 , ,i, `. 2?' " Ue-t3 Roster of Employees. The: >bnsiness.osvner and /or operator shall maintain a register of all massage therapists d employees, showing the name, iu kx times and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight;; color of hair and eyes, phone numbers, social security number, date of employment and termination, if any,and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection b the City regulatory officials upon demand at all r . sonable times. )U wit PYZZ)U 03 ecords of Treatment. The business owner and/or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical histnnv onn shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. (f) iLo vk 6418.19 Massage Therapy Business Activities Primary Business 0 Acupuncture 0 Medical Office ay Salon or Spa 0 Chiropractor 0 Physical Therapist 0 Other Name of Medical Professional or Business Owner Telephone Number 6 Scheduled Hours at Location 0 Tuesday - CI Wednesday 0 Thursday ElFriday Cl'aturday unday A-1\x' ceikk-D Hourly Rate Primary Business Primary Business DM/I c )911- Name \ Present at time of inspection? 0 Yes Massage Therapy V Percentage of Income Sources Primary Business 5d1 Massage Therapy 5 1 oL Massage Therapy Massage Therapists Present at the time of the Inspection MT ID # VL PT - (0/b0 tiA3Ajf at4 CACJD i ❑ No violations noted (NVN) Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection L-2c Your attention is directed to the items checked below. These violations must be corrected in order to meet minimum Fire and Life Safety Requirements. For clarification of the items noted, please refer to the comments section. FIRE PROTECTION SYSTEMS Service portable fire extinguisher(s) — 906.2 Fire extinguisher(s) required — 906.1 Fire extinguisher(s) mounting required — 906.7 Fire sprinkler — 5 year certification required — 901 6.1 Fire sprinkler system maintenance required — 901.6 Fire alarm system maintenance required — 901.6 Hood and Duct — fire system service required — 901.6 Hood and Duct — system cleaning required — 901 6 HOUSEKEEPING VIOLATIONS Fire resistive construction — 703.1 Fire assembly testing and maintenance — 703 4 Improper storage of combustible materials — 3152 No storage allowed in botler /mechanical /electi icBI rooms Improper use of combustible decorative;rn aerial — 807`:`::; Combustible vegetation — 304.1.2 GENERAL REQUIREMENTS Address numbers — 505.1 Knox Box required — • Secure compressed gas cylinders, tanks containers- :003.5 jejt COMMENTS. I� L 111 // ( -. 17 ' I/1 We ) ?1,441 : )11 ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626) 574 -5104 (626) 445 -1819 FAX L.1 Date DBA J Business Address OCCY# ELECTRICAL HAZARDS Improper use of zip cords or extension cords — 605.5 Improper use of multi -plug outlets — 605,4 Electrical panel access — 605 3 Correct electrical hazard — 605.1 EXIT REQUIREMENTS. ❑ Exit obstruction — 1028 3 ❑ Aisle obstruction — 1014.4 Exit doors : - 'Operation — 1008 1 8 Exit.,door devices — 1008 1 8 3 C6rridfir obstruction — 1028.3 ; ::$fairway obstruction — 1028.3 .Exit sign illumination — 1011 2 Exit signs required — two or more exits — 1011 1 ❑ Emergency backup exit lighting — 1027.5 SPECIAL HAZARDS ❑ Permit required — App 1 105 1 ❑ Extreme hazard — App 1 110 -1 ❑ Other hazards - /1.24A )1-- Lac,' ,( t c A.frkozi You are hereby notified to correct the items checked above within 14 days, or prior to A re- inspection will be held on or after this date at no charge. A reinspection fee may be assessed' and billed by the City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. I have read this statement and understand that a fee may be charged if corrections are not m de in a timely manner and y�gditional re- inspections are necessary. � / L Contact Person Si tttlg� ( 4 ; ; 1 L `- i c� �� Date 7-07 Inspector's Name 4b14.112..f4v\ I IV: L, 05' Company: ----- Captain's ID FPB 101 DATE: August 12. 2009 TO Mike Daleo FROM: Terry Moore-K TS SUBJECT: Inspection on August 4, 2009 of preintS4lOcated..:.0t, .„.. 133 East Huntington. ANadia, Ca . • MEMORANDUM Development Services Department An inspection ol the property found::kieiifollowing violations. The property owner has to keep records of treatment at the properly. Ll;rfirojirti 111LIS* \vont at all times not just when an inspection occurs. A letter will be sent to the busirldss with 'the violations noted above. RCAD(A POLICE DEPARTMENT ICIDENT REPORT 1. TYPE, LOCATION AND TIME OF INCIDENT ype of Incident .ocation of Occurrence )ate and Time Reported 0 10 I(d tS II. REPORTING PARTY 0 VICTIM 0 First Name Last Name Residence Address Business Address or School Attended City 141/15 cr iS AtR( s Ph 133 E , 11711 ?ad 11AElt fiVI GIPA fl : 7'' •`OWUERq; Last Name Residence Address Privets" Ucense # Race Business Address or School Attended City Sex Res # Birthdate (Mo/Day/Year) Cell # Bus # III. VEHICLE INFORMATION IV. PROPERTY DESCRIPTION 1 Officer and ID # M � 0.�� City Premise xn' Beat/RD ..Z OWNER O R10 0 SUBJECT Middle A State Zip:Code State • ZIp God Year, Make, Model, Style, Color, License Plate w /State Suspect Vehicle O Victim Vehicle ❑ Other Involved Vehicle O Arttde/Make Model Number Serial Number Color Lost/Stolen/Damaged/Found Value 1. 2. 3. 4. 5. Total Value: 0 Property Continuation Date 02 /211/ Supervis ID /# ely Use'Oniy terse No. ?� Driver's Ucense # Race Sex A- F Res # Birthdate ( Mo/Day/Year) Page o v laDIA POLICE DEPARTMENT IDENT REPORT - NARRATIVE Officr ID # tot/2 41 • "." /kgificsy Use Only Case No. ed&f: 09-2(69 . . • . • Date 0212111 0 Supervisor and ID # Date Page of i FIRE PROTECTION SYSTEMS ❑ Service portable fire extinguisher(s) - 906.2 ❑ Fire extinguisher(s) required - 906.1 ❑ Fire extinguisher(s) mounting required - 906.7 ❑ Fire sprinkler - 5 year certification required - 901.6 1 ❑ Fire sprinkler system maintenance required - 901.6 ❑ Fire alarm system maintenance required - 901.6 ❑ Hood and Duct - fire system service required - 901.6 ❑ Hood and Duct - system cleaning required - 901.6 HOUSEKEEPING VIOLATIONS Fire resistive construction - 703.1 Fire assembly testing and maintenance - 703.4 Improper storage of combustible materials - No storage allowed in boiler /mechanical /electrieal'rooms - 31 Improper use of combustible decorative Mittel! - Combustible vegetation - 304.1.2 GENERAL REQUIREMENTS Address numbers - 505.1 Knox Box required - Secure compressed gas";c.Oinders ,:fen I COMMENTS: t ( ' t t 'f ❑ No violations noted (NVN). Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection Your attention is directed to the items checked below. These violations must be corrected in order to meet minimum Fire and ,Life Safety Requirements. For clarification of the items noted, please refer to the comments section. Contact Person Si Wig: Inspector's Name: 4 ,. % � ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTA ANITA AVENUE ARCADIA, CA 91006 (626) 574 -5104 (626) 445 -1819 FAX s containers - : 003.5 f , l t have read this statement and understand that a fee may be charged if corrections are not m and additional re-inspections are necessary. +( Captain ID #: JJ Company: _.__._.._... -._... FPB 101 EXIT REQUIREMENTS ❑ Exit obstruction - 1028.3 ❑ Aisle obstruction - 1014.4 Exit doors 44 - 1008.1.8 Exit door' 4c ing devices - 1008.1.8.3 Corrkclpp:obstructlon - 1028.3 Stairway obstruction — 1028.3 )5sit sign illumination - 1011.2 rr- Exit signs required - two or more exits - 1011 1 Emergency backup exit lighting - 1027.5 Date: 11 �" ( DBA :.1-- i'T Yip" -)3 I '7 : J?a41- Business Address t OCCY# ELECTRICAL HAZARDS Improper use of zip cords or extension cords - 605.5 Improper use of multi -plug outlets - 605.4 Electrical panel access - 605.3 Correct electrical hazard - 605.1 SPECIAL HAZARDS ❑ Permit required - App 1 105.1 ❑ Extreme hazard - App 1 110.1 ❑ Other hazards - You are hereby notified to correct the items checked above within 14 days, or prior to A re- inspection will be held on or after this date at no charge. A reinspection fee may be assessed and billed by the City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. de in a timely manner .. ` \ _, 7 Date: L� ' DATE: February 10, 2010 TO: Mike Daleo FROM: Terry Moore -Korse SUBJECT: Inspection on February. 1, 2010 of premises located at 133 East Huntington IDri ve, cadia, > CA On February 1, 2010 €: -Silva Verge, 3usiness:License Officer and I inspected the subject business. When we arrived at the site the faeilit was open for business and there was a customer getting a massage at time of inspection. The massage therapist , Li Hua Su that was giving the massage and does not have a massage therapist id card issued or Business License for this location. She has applied for a business license and ID card for this location' but it has not been granted. She was also not wearing a uniform she was cited for the violations above and so was the owner. Before we left the receptionist asked the customer to leave. MEMORANDUM Development Services Department 02/22/2010 09 -2169 On 02/05/2010, at 1100 hrs, Officer Orswell and I, along with Terry Moore, Code Enforcement, Jill Perumean, Fire Dept, Silva Verge /, Business License Officer, and Jeff Wang, Arcadia Building Department, inspected I Fitness and Beauty Spa, 133 E. Huntington Dr, Arcadia. Jeff Wang acted as our interpreter. This was a follow up to our last visit on 8/04/09. There was no one that could provide information on the business at this time. Jill Perumean found that all previous violations had been corrected. Terry Moore -Korse wrote the following: On February 1, 2010 Silva Verge /, Business License Officer and I inspected the subject business. When we arrived at 'the site the facility Was open for business and there was a customer getting >e massage at the time of inspection. The massage therapist, Li Hue Su that was giving the massage and does not have a massage therapist ID card issued or Business License for this location. She has applied for a business license and :1eard for this location but it has not been granted. She was also not wearing; .a uniform she was cited for the violations above and so was the owner ; (see attached citations). Before we left the receptionist asked the customer ; to=lea On February 05, 2010 the Task Torce inspected the subject business. When we arrived at the facility the place was open for business and there were two customers getting massages at time of inspection. The two massage therapists do not currently have a business license or massage ID card for this location. The two therapists werey;;Guilan Shen and Yi Qian. They both have applied for massage ID card and Business License but have not been granted approval and are still going through the process. Neither woman was wearing a uniform. We asked the women to stop performing massage because they have no license and the two therapists closed the business and left the location. The owner of the business will be cited for allowing therapist with no Business License or ID card to operate. Copies of the citations are attached. It should be noted that I received a call from Officer Orswell, at around 1830hrs this date, who happened to be out to dinner and noticed that this business was open, lights were on and that there were people inside. / k ,Oof90 Z.13� o ADMINISTRATIVE CITATION 41Alt 4 141 a NAME IFIRST MIDDLE, zm LA QtANIcA -A. \f 4- Eie:AtUr( S PA ADDRESS PRY STATE ZIP ta k-k-coAr Accpn)A Gmap OWNER ADDRESS CITY STATE DRIVERS LICENSE NO. STATE: CLASS TENANT PHONE TENANT WORK * AN INSPECTION OF THE PROPER VAICH YOU:OE RESPONSIBLE HAS mernicsiomeppiiiivia OF TIE ARODIA MUNCIAL ccce City of Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066-6021 699 M. .M. Sfir WT F CI Repast Offense DAY OF WEEK Case # ST) B.I? E VYN N AFi. ZIP SOP 9 f K * a t cor Ton FINE comextyrts THE*BOVE STATED FINES) MUST BE RVO TO TIE CRY OF ARCACK WITHIN 1HMY :00t FROM THE DM OF THIS crsmow, FAURE TO iiaw THE ABODE MATED MRS) %DM SAID MOATS HILLRESULT IN THE **POSITION OF LATE W- HEW CNARGES COMPRISED OF A 10% DEUNDUIBCY PENALTY AND INTEREST AM% PER IAONTH PAYMENT OF 1E ABOVE MED FINER DOB liar MUSE OR DISCHARGE ANY conNumon OR WEARS) OCCURRENCE OF THE cote vtiAnorea 11113 IS (ARE) IHE SUBJECT OF TI4S CTP3ION. YOU ARE HEREBY ORDERED 10 CEASE AND DESIST FROM CONTINUING OR REPEATS3 THE cot:EMMONS)) DESCRIBED IN THIS =TRW CI VIOLATIONS NOT COMMI LARED ON INFORMATION AND BELIEF. I DECLARE UNDER PENALTY RY UNDER THE LAWS OF THE STATE OF CALFORNICTHATTHE AND CORRECT. DATE;CP (9,a.cp, 51 4-- se+ 0 ISM 674-5421 o (625) 574-5437 OFFICER I.D. # ADDITIONAL. INFORMATION ON BACK SIDE DEVELOPMENT UM= OEPARTWATINICADIA PRONG SENV/CE5 ADMINISTRATIVE CITATION DM frLME CLAM. DAy OF WEEK Case # 4-NO G..-RtA. EijarViTFS 0 Repeat Offense NAME (FIRST, MIDDLE, L W AST) E VV N I A NTER LA t-i-k‘k k NT OWNER ADDRESS .115VTS ,..:::'STATE CLASS D 0.13. TENANT PHONE 1 ;VIER PHONE ffi 1 -- TENANT WORK 1 . iimeR ck 51 AN INSPE-C7ONtF THE PROPERTY FOR wilFekTuu ARE RESPONSIBLE HAS IfflflThE FOU.0 OF*EARCADIA MUNICIFAL CODE ObetecTioN �SRP11Ot FU (4& tntic. k o City_gfArcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066-6021 7 CITY STATE ZIP at _ ■ Pt C.. CITY STATE ZIP is> eZtAPLA (N6 ---- ABOVE gym mem MUST BE PAID TO me ary OF PRCADLA mita 7were Po) DAYS FROM THE DOE OF THIS CRATON, 174LURE 10 MY THE ABOVE STATED RNE(S) IN/THIN SAO THIRTY (301 DAYS WILL RESULT IN THE IMFOSMON OF LATE FAY- WENT CHIIRGES COMPRISED OF A 1(ai DEMME/CY FIENOY AND wearer AT1R% PER MONTH Wier OF THE ABOVE SATED FBE(S) 00651401 EXCUSE OR DISCHARGE ANY CONDWATIDN OR REPEATED OCCURRENCE OF THE CODE VIOLP1O44(S) THAT (5 (ARE) THE ISLIEUECT Orne alialON. YOU ARE MEW ORDERED TO CEASE AND DESIST FROM CONTINUING OR REMAIN* TIE CODE VIOLATIONN DEB IN THIS CITATION, DATEP cpa7cp- 54f (3 VIOLATIONS NOT COMMITT ON INFORMATION AND BEUEF, I DECLARE UNDER PENALTY UNDER THE LAWS OF THE STATE OF CAUFORNIA TWINE CORRECT. 0 (626) 574-5421 O (626) 674-5437 ADDITIONAL INFORMATION ON BACK SIDE seveLormaa simmers DEPARMIENIKROIDIA PlIVITHS SERVICES DATE: February 10, 2010 TO: Mike Daleo FROM: Terry Moore -Morse SUBJECT: Inspection on February 5, 2010 of premises located a 133 East Huntington Drive, Arcadia, CA Task Force Terry Moore- Korse, Code Services Officer Jill Perumean, Fire Inspector Silva Verge], Business License Officer Jeff Wang, Building Inspector Jack Orswell, Police Officer Mike Daleo, Police Officer MEMORANDUM Development Services Department On February 5, 2010 the Task Force inspected the subject business. When we arrived at the facility it place was open for business aji there were two customers getting massages at time of inspection. The two massage therapists do not' currently` have a business license or Massage ID card for this location. The two therapists were Guilan Shen and Yi Qian. They both have applied for Massage ID card and Business license but have not ; . l een granted approval and are still going through the process. Neither woman was wearing a uniform. We asked the women to stop performing massage because they have no license and the two therapists closed the business and left the location. The owner of the business will be cited for allowing therapstwith no Business License or ID card to operate. Copies of the citations are attached. ADMINISTRATIVE CITATION ATE ITIME b-1Q 111107 0 P.m. g440T WTFS Repast Offense . OF WEEK NAME (FIRST, MIDDLE, LAST) 8w4E- Q I Atc..0, Bepsuil 5fA ADDRESS CITY STATE ZIP t 55 G. t-siutAiw N leao OWNER ADDRESS CITY STATE ZIP DRIVERS WENSE NO. STATE CLASS D.O.B. 9)arnOR(OP... TENANT PHONE * RWATkR PHONE* TENANT WORK II WORK AN INSPECTION OFITHE PROPERTY FOR WHICH YOU ARE RESPONSIBLE HAS IDOTTIFIEDTHEFOLLOWING LICOTON(S) OF TH006400. WiJNICIRAL ccoe. coDE;Oetttow pesORProm FINE perfr . \ . . k c\t Cj . . TOTAL FINE City of Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066-8021 702 THEASDVE STATED RNE(S) MUST BE MD TO THE �1Y OF ARCADIA WITHIN THIRTY ISM DAYS FROM THE DATE OF THIS amok RIME TO PRY THE ABOVE STATED RNE(S) vIrriv SAO THIRTY (3C5 DAYS VW- RESULT IN THE IMPOSITION OF LATE FAY- IAENT CHARGES COMPRISED OF A 10% DEUNGUENCY PENALTY ANO INTEREST ATM PER MONTH. PAYMENT OF THE ABOVE STATED HMS) DOES NOT EXCUSE OR DISCHARGE ANY COMINUATION OR REPEATS) OCCURRENCE OF TIC CODE VIOUKTION(S) THAT IS (AS) THE SUBJECT OF THIS =CON. YOU ARE IHEREBY ORDERED TO CEASE AND DESIST MOM CONTINUING OR REPEATING NE CODE VOLX110N(15) DESCRIED W THIS CITATION. ID VIOLATIONS NOT COMMITTED DECLARED ON INFORMATION AND BELIEF I DECLARE UNDER PENALTY OF ."-,- - - ).fr UNDER THE LAWS OF THE STATE OF CMJPORNTA THAT THE AND CORRECT r'"‘ a' DAler) -El -1 6 14 54 ae 0 MS) 674-5421 o (11213) 574-5437 OFFICER ADDITIONAL INFORMATION ON BACK SIDE DEVELORMEW SERVCES DEAMLIENTARCIVIN PIORTIRS SERVICES ID. TOTAL F QDMMEJrs City of. Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066-6021 707 ADMINISTRATIVE CITATION DAB ITIME — Vw1. DAY OF WEEK Case # 1 PP -b –U W S 0 P.M. S M T W T F S Q Repeat Offense NAME (FIRST, MIDDLE. LAST) CAU \LAN 5HEN BT E kE 1E-SS Se p( Spy ADDRESS CITY STATE ZIP t3 a 4 3F L ccE AVe., RnWIANn OWNER ADDRESS CITY STATE ZIP 1co,,s DRIVERS LICENSE P40. .:`':STATE CLASS D.O.B. TENANT PHONE * :•. OWNER PHONE TENANTVWRK E:• >: .:::: AN INSPECTION OF THE PROPERTY FOR *SRI YOU ARE RESPONSIBLE HAS IDDn19ED 11E LOIMNCi1AOLATEA) OF 4 ARCADIA MUNICIR4L OBOE O (526)574.5421 o (626) 5745437 X00 — THE ABOVE STATED R'E(S) MUST BE MID TO THE art OF ARCADIA WITHIN THIRTY (3D) BAYS FROM THE WE OF THIS cromoN, F J URE TC WY THE ABOVE EW B FINE(S) WPM SAID THIRTY (3D) DAYS NALL RESULT IN THE MPOSmoIJ OF LATE RAY MENT CHARGES COMPRISED OF A 1D% DELINQUENCY PENALTY AND INTEREST ATIt2% PER MONTH. WYMENT OF THE ABOVE STATED FINE(S) DOES NOT EICUSE OR DISCHARGE MY CONnrim LOW OR REPEATED OCCURRENCE OF THE CODE VIOLATIONS) THAT IS (ME) THE SUBJECT OF THIS asmoN. YOU ARE HEREBY ORDER TO CEASE AND =MT FROM CONTINUING OR REPEATING THE CODE VCL.ATION(S) DESoRMED MT THIS CITATION. VIOLATIONS NOT COMMITTED DECLARED ON INFORMATION ANO BELIEF. I DECLARE UNDER PENALTY OP � '7' U ER THE LAWS OF THE STATE OF CALIFORNIA THATTHI? _ � • � � i • CORRECT DATEcQ --8.4 • &'94- 57 s . - �= I.D. 5 1 f3c , ADDITIONAL INFORMATION ON BACK SIDE DEVELOPMENT SERVICES DEPARILENTMRCAD A PRINTING SERVICES ADMINISTRATIVE CITATION fril .M. DAY OF WEEK Case # ,t!.44) 1:1 P.M. COT WTFS 0 Repeat Offense NAME (FIRST, MIDDLE, LAST) B wa E A . c FAA • rM S 4F:36 R o t Amr. 5 RoNarA ‘ 0 A 1....kk OWNER ADDRESS CITY STATE ZIP DRNERS LICENSE NO. :' CLASS D.O.B. E a 51 5 'TENANT PHONE'S rotiii.L 5c4P.r, OWNER PHONE TENANT WORK s JNER , * cC)MMENTS • THE ANNE SUED RNE(S) musr BE Rae TO re cm oF ARCADIA yam THIRTY ::13a) DAYS FROM THE DKIE OF 114S cm= FAILURE TO RAT THE ABOVE CD1/4TED FINE(S) MON SAP THIRTY (3) DAYS %ILL RESULT IN THE IMPOSMON OF LATE PAY- MENT CHARGES COMPRISED OF A 10% DEUNOUENZY MALTY AND MEREST MG% PER MONTH. PAYMENT OF THE ABOVE STATED P1NE(S) ODES NOT EXCUSE OR DISCHARGE ANY CON11NUMON OR REPEATED OCCURRENCE OF THE CODE MOLATKIN(S)1HAT 15 (ARE) THE MEUECT OF THS (=TON. MU ARE HEREBY ORDERED TO CEASE AND DESMT FROM CONTINUING OR REPEATING THE CODE MOIATION(S) DESCRIBED IN 71118 CITATKAL o VIOLATIONS NOT COMWTTED 1 DECLARE UNDER PENALTY OF OF CALFORMA THAT THE DATE.a D Goa_Cp, 524 5y50 City of. Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066-6021 706 (626) 574-5421 0 (626) 874-5437 ON INFORMATION AND BEUEF. THE LAWS OF THE STATE CORRECT ADDITIONAL INFORMATION ON BACK SIDE OVELOPIIENT IIERVCES DMINTMENTWACAON PIVITONG SERVICES ID. X 5/18/2010 09 -2169 On 5/14/2010, at 1100 hrs, Officer Orswell and I, along with Terry Moore, Code Enforcement, Jill Perumean, Fire Dept, Silva Vergel, Business License Officer, and Jeff Wang, Arcadia Building Department, inspected I Fitness and Beauty Spa, 133 E. Huntington Dr, Arcadia. Jeff Wang acted as our interpreter. We talked to Yi Ma, the owners wife. This was a follow up to our last visit on 02/05/2010 to see if there were any violations. We found the following violations again: Notice missing in room 1, no Roster of Employees and no Records of Treatment. A copy of our inspection sheet was given to Ma. Jill Perumean, Fire Dept, found the following: remove shelf in closet in laundry room -it is blocking fire sprinkler, remove storage in water heater closet, remove hasp from front door and dead bolt from rear door. These violations must be corrected within 14 days or before 5 -28 -2010. A copy of the inspection report was given to Ma. Terry Moore -Korse wrote the following: I inspected the subject business to verify compliance of the Arcadia Municipal Code. The following items were noted to be corrected: No signs in lobby, no roster of employees, no sign in lobby or room #1, records of treatment inadequate. A citation will be issued for the above violations. The woman's handicapped restroom is filled with storage and we asked that they clear it of storage so it can be used by their customers. Additional Information Their hours are 1000 to 2100 hrs, seven days a week. Percentage of income is split 50 % -50% between spa services and massage. The rates are $50 per hour for massage and $40 per hour for spa services. A friend, Shu Chuan Lu, CDL- D8649562, was there. Not sure why she was there. Qiang Zhao, MT 09046, expires 6/2010, was not present. Lian "Susan" Hao, MT 09044, expires 7/2010, was present but could not produce her massage ID card. rn. Dad 4 "7);5 c ) (ib ARCADIA POLICE DEPARTMENT INCIDENT REPORT 1. TYPE, LOCATION AND TIME OF INCIDENT Location • Occurrence [9 , Ck/ar N cN O- Date and Time Reported II Premise ( nynevej Beat/RD Occurred oNor c Between and C:› Date Date Day Time 1 Da Time Type of Incident T GvDtt at) tiJW N —I Io 11. REPORTING PARTY ❑ VICTIM ❑ OWNER 0 R!O ❑ SUBJECT ❑ Middle Last Name MA Residence Address First Name Business Address or Sch Attended X( s(361 r.ttvJO rc i II.' EP0''Pt Iez•PA ':a GWREPtel " ` 1 ' ' SlIBUE07efl; M ddle Last Name First Name Residence Address Business Address or School Attended City 111. VEHICLE INFORMATION Year, Make, Model, Style, Color, License Plate w/State I PROPERTY DESCRIPTION A .w..i.n4. ka '1y City City IA State Zip Code State Zip Code State Zip Code State Zip Code Dose # Race A License # Race F.oUe r Atallo. y Use gnly at . 0 'Zt69 Sex F Res # Cell # Birthdate (Mo/Day/Year) B� Sex Res # Cell # Bus # Blrthdate (Mo/Day/Year) Suspect Vehicle ❑ Victim Vehicle 0 Other Involved Vehicle ❑ .Model Number Serial Number Color Lost/Stolen/Damaged/Found Value Date �J t� ((0 Responsible Person x r,- 6418.19. OPERATIONS. Name of Business I - et T1) j Address 1 � J l--�U l )1 l 3G () Telephone Number bZ / 14 -1 6f5t) entification Cards. Each massage therapist shall at all times have in his or her possession the Massage rapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron" s specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi - nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services, authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. ' (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18"). Two - inch (2") thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and ums shall be charged for such services other than those posted. otices. The following notice shall be conspicuously posted in a location within the business where sage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: (?u S5 t IN1a. 11.-) 4-4.“ 1-) [ u, � OuoiZtt cam► ) IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. oster of Employees. The business owner and/or operator shall maintain a register of all massage therapists employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all nable times. ecords of Treatment. The business owner and/or operator shall keep a record of the dates and hours of treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. 6418.19 Massage Tlierauv Business Activities Primary Business ❑ Acupuncture ❑ Medical Office (Day Salon or Spa 0 Chiropractor 0 Physical Therapist ❑ Other Name of Medical Professional or Business Owner Q4.6ki 240 Present at time of inspection? 0 Yes No Telephone Number Scheduled Hours at Location Primary Business ❑ Monday ( O .1; \ ❑ Tuesday O Wednesday O Thursday ❑ Friday O Saturday ❑ Sunday Percentage of Income Sources Primary Business 3 D% Massage Therapy Hourly Rate Primary Business $ 40 /&. Massage Therapy 4- 40 (t Massage Therapists Present at the time of the Inspection Name MT ID # Massage Therapy P "e( )) SWQ Ct401 Lg. r, DeoLt ciS It Q IAIJ A 2 t- M Otto ( to - Nor u U (\'� 40 k'`Su(A" , Q 17/00 P u; c t ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626) 574 -5104 (626) 445 -1819 FAX ❑ No violations noted (NVN). Inspection. f attention is directed to the items checked below. These violations must be corrected in order to meet minimum Fire end Life Safety Requirements. For clarification of the items noted, please refer to the comments section. Thank you for your cooperation with the Arcadia Fire Department during your Fire and LIFe Safety FIRE PROTECTION SYSTEMS Service portable fire extingutsher(s) - 906.2 Fire extinguisher(s) required - 906.1 Fire extinguisher(s) mounting required - 906.7 Fire sprinkler - 6 year certification required - 901.6.1 Firs sprinkler system maintenance required L 901.6 L !O' / - Fire alarm system maintenance required - 901.6 Hood and Duct - fire system service required - 901.8 Hood and Duct - system deaning required - 901.6 HOUSEKEEPING VIOLATIONS Fire resistive construction - 703.1 Fire assembly testing and maintenance - 703.4 Improper storage of combustible materials - 315.2 No storage allowed in boNerhnechanicalklectrical rooms - 315.2.3 Improper use of combustible decorative materiel - 807 Combustible vegetation - 304.1.2 GENERAL REQUIREMENTS Address numbers - 505.1 Knox Box required - 506.1 Secure compressed gas cylinders, tanks, containers - 3003.5 Itor4 3e COME BENTS: kVA /t.t 1:4-e ) 1 1, t... ). Contact Person Sig n ttiYe. -- 3 Date: 5 - . /0 DBA : I E--11 13 3 E. A14110, Business Address OCCY# ELECTRICAL HAZARDS ❑ Improper use of zip cords or extension cords - 605.5 ❑ Improper use of multi -plug outlets - 605.4 ❑ Electrical panel access -605.3 ❑ Correct electrical hazard -805.1 EMT REQUIREMENTS ❑ Exit obstruction - 1028.3 ❑ Aisle obstruction - 1014.4 Er Exit doors - operation - 1008.1.8 Exit door locking devices - 1008.1.8.3 h45! Corridor obstruction - 1028.3 ❑ Stairway obstruction - 1028.3 ❑ Exit sign illumination - 1011.2 ❑ Exit signs required - two or more exits - 1011.1 ❑ Emergency backup exit lighting - 1027.5 SPECIAL HAZARDS ❑ Permit required - App 1 105.1 ❑ Extreme hazard - App 1 110.1 ❑ Other hazards - n You are hereby notified to correct the items checked above within 14 days, or prior to 5 .o 11 /0 A re- inspection will be held on or afterthis date at no charge. A reinspection fee may be assessed and billed by the City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. I have read this statement and understand that a fee may be charged if corrections are not made in a timely manner and additional re- inspections are necessary. (; t i / ) Inspector's Name: . . / ' { ' ' ! 1 r : 1 ID#: .f7 . Company: Captain's ID #: FPB101 Date: 5 /'7 /) DATE: May 18, 2010 TO: Mike Daleo FROM: Terry Moore -Korse SUBJECT: Inspection on Friday May 14, 2010 of premises located at 133 West Huntington Drive, Arcadia No signs in lobby. No roster of employees No sign in lobby or room #1 Records of treatment inadequate MEMORANDUM Development Services Department I inspected the subject business to verify compliance of the Arcadia Municipal Code. The following items were noted to be corrected: A citation will be issued for the above violations. 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Copyright tr, 2001 -2010 IIPltevipms All rights reserved http:// www. mpreviews .com/reviews_details.php ?reviews _ id =57946 5/6/2010 r►- MP rretty Asian Uirls _ = = »» »Call for more DISCOUNT INFO: -- Open 7 days, 10am - 9pm • Location: Arcadia • Post ID: 5060778 Email this ad to a friend 626-445-1688 1-"Best Bull Y MASSAUE Special*** - los angeles ... Page 2 of 2 I FITNESS & BEAUTY SPA: ADDRESS 133 E. Huntington Dr. Arcadia, CA 91006 (near Santa Anita Racetrack, cross - street: First Ave. Parking in the back) 133 E. Huntington Dr., Arcadia, 91006 google map 1 yahoo map Enlarge Picture Enlarge Picture Account Login 1 Affiliate Program tntwwI 1 Bloq 1 Help 1 Popular Searches 1 Privacy Policy 1 Promote Us I Terms of Use' backpacie.com © Copyright 2010 Iosangeles.backpage.com is an interactive computer service that enables access by multiple users and should not be treated as the publisher or speaker of any information provided by another information content provider. http: / /losangeles. backpage. com/TherapeuticMassage /pretty -asian- girls- best - body- massage -s... 5/6/2010 PUBLIC HEARINGS PLANNING COMMISSION AND BUSINESS PERMIT AND LICENSE REVIEW BOARD MINUTES Tuesday, June 22, 2010, 7:00 P.M. Arcadia City Council Chambers Mr. Deitsch briefly explained the function of the Business Permit and License Review Board relating to the appeals of business license revocations. Board Member Baerg asked if the appellants are provided with the same information that is presented to the Board and Ms. Vergel said that the material had been mailed to them last Thursday. Board Member Baerg asked if the appellant is required to provide evidence to staff before presenting it at the meeting. Ms. Vergel said that she had not received anything from the appellant for presentation to the Board. Chairman Parrille asked if there are guidelines for the imposition of fines or penalties. Ms. Vergel explained that there are no fines imposed in revocation cases. BUSINESS PERMIT AND LICENSE REVIEW BOARD ITEMS 1. (FITNESS & BEAUTY SPA 133 E. Huntington Drive Qiang Zhao, owner /operator This is an appeal of a business license revocation for non - compliance with the City of Arcadia Massage Therapist and Business License regulations by (fitness & Beauty Spa. RECOMMENDATION: Deny appeal and uphold revocation Business License Officer, Silva Vergel, presented the staff report. Arcadia Police Detective John Bonomo reviewed the series of violations and noted that the same types of violations were identified repeatedly at each inspection over a 13 month period. The Hearing was opened. Chairman Parrille asked if anyone would like to speak in opposition to this appeal. Mr. and Mrs. Zhao, the owners of the business, were represented by an interpreter. The interpreter said that [fitness is a full service health spa for men and women providing saunas, waxing, exfoliating rooms, etc. He pointed out that the business is tastefully decorated. The interpreter said that Mr. and Mrs. Zhao speak only rudimentary English and therefore, they were not able to understand the citations they received from staff. However, he said that all the violations were minor and did not involve health code violations or illegal activity. The interpreter said that if the revocation is upheld, the family will face financial ruin and a legitimate family -owned business will be shut down. EXHIBIT 'E' Board Member Baderian asked the interpreter how Tong he had been associated with business and with the family. He replied that he was hired as a translator within the month. Board Member Baderian asked if anyone was helping Mr. and Mrs. Zhao understand the notices they received from the City and how did Mr. and Mrs. Zhi. communicate with staff in response to these violations. The interpreter said that staff should have known that Mr. and Mrs. Zhao did not speak fluent English. He also said that when they received a notice, since they didn't understand it, they felt it was easier to just pay the fine than to try to understand what was being asked of them. Board Member Baderian asked once more if there was no one available to help them understand the citations. The interpreter said again, there was no one who could help them. Board Member Baderian asked what percentage of the business is comprised of massage services. The interpreter said only two small rooms are used for massage and he would estimate that to be about 20% of the business. Board Member Baderian asked if there was documentation to support this and the interpreter said that records show the business derives most of its income from facials. He said that these records were supplied to the city upon request. Board Member Beranek noted that although massage services are supposed to be incidental to the business, an inspection indicated that massage services made up about half of the business and, in fact, only massage customers were encountered. Ms. Vergel reported that during an inspection of the business, she observed three massage customers and no other customers. Board Member Beranek asked the interpreter for an explanation. The interpreter said that the inspection Ms. Vergel referred to was conducted around 11:00 am and most of the customers for services other than massage, arrive later in the day. He also pointed out that the spa has not been very busy. Board Member Beranek noted that the appellants had 13 months during which their business was inspected several times and they were fined a number of times. He asked why they could not find someone to translate for them or to help them understand the issues. Board Member Beranek asked, if the business is mainly a health operation, why were provocative ads for massage services at this location found on the Internet. The applicants' daughter said that her parents do not use computers so they advertise mostly in the newspaper. She said she has no knowledge of Internet ads for the business. Board Member Baderian noted that the daughter said she had been working with the family to correct the violations and that she has been associated with the business since its inception. He asked her if she contacted the City when the citations were first received and she explained that she was only responsible for designing the forms they were using in the business and that she was not aware that she could contact staff for assistance. Board Member Baderian said that citations were issued for two employees who were providing massage services without approved credentials and he asked for an explanation. The interpreter said that when these employees were hired, the applicants took them to City Hall to verify their licenses and that they did not understand that they had to wait for the PC MINUTES 6 -22 -10 Page 2 licenses to be issued before the employees could start work. They thought the visit to City Hall was sufficient. Board Member Baderian asked if he correctly understood that staff did not inform the applicants that they had to wait until the licenses were received before the employees could begin providing massage services. The interpreter said the applicants paid for their licenses in February and didn't receive them until May. They did not understand the lengthy delay and thought they were qualified to work. Board Member Baderian asked if the applicants or the prospective employees checked with the City to see if they were eligible to begin working. The interpreter said that Ms. Ma called the Business License Officer at least ten times and also visited City Hall several times. Board Member Baderian asked again if staff informed Ms. Ma that they had to wait to receive the proper licenses and the interpreter replied that they were aware that they needed to wait for the actual licenses. Board Member Baderian repeated, "They were aware. 11 The interpreter said that they thought their beautician licenses satisfied all requirements. Board Member Baderian asked again if staff informed the applicants that without the proper license they could not offer massage services. The interpreter replied that staff did not give the applicants a time frame. Board Member Baderian again confirmed that the applicants were aware that they needed the licenses to provide massage services. Chairman Parrille asked if anyone wanted to speak in favor of the appeal. There were none. Board Member Baderian said that there does not appear to be enough evidence to overturn the Business License revocation. He pointed out that the applicants had 13 months to correct the violations and that they were aware that they were conducting business without the required licenses. MOTION: It was moved by Board Member Baderian, seconded by Board Member Hsu to deny the appeal and uphold the Business License revocation for 'fitness & Beauty Spa. ROLL CALL AYES: Baderian, Baerg, Beranek, Hsu and Parrille NOES: None There is a ten (10) day appeal period after the appellant receives notice of the approval /denial of the appeal. PC MINUTES 6 -22 -10 Page 3