HomeMy WebLinkAboutResolution No. 4828 RESOLUTION NO. 4626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AFFIRMING THE DENIAL OF A MASSAGE PERMIT
WHEREAS, on August 13, 1986, Kim Miller applied for
a permit to conduct a massage business in the City of
Downey; and
WHEREAS, pursuant to the provisions of Section 6403
of the Downey Municipal Code, the Chief of Police conducted
an investigation to determine if the applicant is of good
moral character. Said investigation included a search of
criminal records; and
WHEREAS, upon conclusion of his investigation, the
Chief of Police denied the massage permit based upon his
determination that the applicant is not a person of good
moral character; and
WHEREAS, the applicant, through her attorney,
Steven Herbert, appealed the determination of the Chief of
Police denying the massage permit; and
WHEREAS, pursuant to the provisions of Section 6404
of the Downey Municipal Code, a hearing was held by the City
Council at which testimony was received from the Chief of
Police and the applicant's attorney, Steven Herbert.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Following the receipt of evidence both
oral and documentary at the hearing before the City Council
conducted on November 25, 1986, the City Council hereby
makes the following findings:
1. The applicant Kim Miller, on August 13, 1986,
applied for a permit to conduct a massage business in the
City of Downey.
2. Pursuant to the provisions of Section 6403 of
the Downey Municipal Code, the Chief of Police conducted an
investigation to determine if the applicant is a person of
good moral character.
3. Said investigation included a search of
criminal records of the applicant.
4. Said investigation revealed that a Long Beach
Police Department Investigative Crime Report No. 843 -3160,
which stated that on June 26, 1984, a Long Beach Police Vice
Officer responded to the Oriental Massage, 4709 Long Beach
Boulevard, in an undercover capacity, and arranged for a
massage. Said Long Beach Police Vice Officer encountered
applicant Kim Miller, who asked for and received from the
officer, $30 for a massage. Kim Miller then directed the
officer to undress, which he did. During the course of the
massage which followed, Kim Miller committed acts and made
statements which were in violation of the California Penal
Code. Kim Miller was subsequently arrested for
RESOLUTION NO. 4626
Page 2
prostitution. The charge was filed but was later dismissed
after the applicant Kim Miller engaged in plea bargaining
_ resulting in a conviction for giving a massage without a
license in violation of the Long Beach Municipal Code.
5. Based upon the foregoing investigation, the
Chief of Police, on October 2, 1986, determined that the
applicant Kim Miller is not a person of good moral character
and denied the application for massage permit.
SECTION 2. Based upon the foregoing findings, the
City Council hereby finds, determines and orders that the
proposed enterprise would be detrimental to the public
peace, health, morals or welfare of the City or its
inhabitants by reason of the moral character of the
applicant, and that the application by Kim Miller for the
massage permit is hereby denied.
SECTION 3. This Resolution shall be effective
immediately.
SECTION 4. The City Clerk shall certify to the
adoption of this Resolution.
APPROVED AND ADOPTED this 9th day of December,
1986.
r
Mayor/ James S. San ngelo
ATTEST:
. r - i
'City Clerk
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted at a regular meeting of the City Council of the
City of Downey thereof held on the 9th day of December,
1986, by the following vote, to wit:
AYES: a Council Members: Boggs, Cormack, Barb, Paul, Santangelo
NOES: u Council Members: None
ABSENT: 0 Council Members: None
, / P/Lj1,1)4 / /
City Clerk