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HomeMy WebLinkAboutResolution No. 5554 RESOLUTION NO. 5554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UPHOLDING THE DENIAL OF A MASSAGE PERMIT. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Downey does hereby find, determine and declare as follows: (a) On about January 8, 1992, the Downey Police Department, through Downey Police Officer S. Garza, conducted an undercover investigation into possible illegal conduct occurring at the business premises of Downey Therapeutic Massage, Downey, California. (b) During the investigation, Officer S. Garza observed Nan Pak Wilhelm engage in illegal and immoral conduct, to wit: she touched his penis and negotiated the exchange of money for sex. Nan Pak Wilhelm was arrested on about January 8, 1992, as a result of the conduct observed by Officer S. Garza. The conduct observed by Officer S. Garza was included in a crime report received into evidence together with the officer's Declaration as Police Exhibit 8. The testimony of Officer S. Garza before this Council as to conduct he observed was credible. (c) During the investigation, Officer S. Garza observed Min Cha Kwon engage in illegal and immoral conduct, to wit: she disrobed to her panties in his presence touched /stroked his penis, and offered to exchange sex for money. Min Cha Kwon was arrested on about January 8, 1992, as a result of the conduct observed by Officer S. Garza. The conduct observed by Officer S. Garza included in a crime report received into evidence together with the Officer's Declaration as Police Exhibit 8. The testimony of Officer S. Garza before this Council as to the conduct he observed was credible. (d) On or about January 8, 1992, Nan Pak Wilhelm and Min Cha Kwon were duly licensed employees of Downey Therapeutic Massage. (e) On about January 15, 1992, Min Cha Kwon filed with the Chief of Police a renewal of her Police Permit as a massage technician. A true copy of this application was received into evidence as Police Exhibit 1. RESOLUTION NO. 5554 Page 2 (f) On about January 30, 1992, Nan Pak Wilhelm filed with the Chief of Police a renewal of her Police Permit as a massage technician. A true copy of this application was received into evidence as Police Exhibit 2. (g) On February 24, 1992, the Chief of Police sent a notice to Nan Pak Wilhelm that her application to renew her Police Permit was denied. A true copy of this notice was received into evidence as Police Exhibit 3. (h) On February 24, 1992, the Chief of Police sent a notice to Min Cha Kwon that her application to renew her Police Permit was denied. A true copy of this notice was received into evidence as Police Exhibit 4. (i) The Chief of Police D. Clayton Mayes, denied the permit application for Nan Pak Wilhelm and for Min Cha Kwon based on their conduct as reported by Officer S. Garza. The Chief of Police concluded that the reported conduct was illegal and immoral, that Nan Pak Wilhelm and Min Cha Kwon lacked good moral character and that they had engaged in the businesses of massage in a manner detrimental to the public health, morals and welfare of the City of Downey. The Chief of Police presented his declaration which stated his reasons for the denial. This declaration was introduced into evidence as Police Exhibit 9. The testimony of the Chief of Police was credible. (j) The conduct of Nan Pak Wilhelm and Min Cha Kwon on January 8, 1992 was illegal and immoral and they engaged in the business of massage in a manner detrimental to the public health, morals and welfare of the City of Downey. (K) Min Cha Kwon filed with the City Clerk a timely demand for an appeal of the denial of her Police Permit. A true copy of the demand was received into evidence as Police Exhibit 5. (1) Nan Pak Wilhelm filed with the City Clerk a timely demand for an appeal of the denial of her Police Permit. A true copy of the demand was received into evidence as Police Exhibit 6. SECTION II. The denial of the massage Police Permit for Min Cha Kwon and Nan Pak Wilhelm is hereby upheld based upon the following: RESOLUTION NO. 5554 Page 3 (a) A duly noticed public hearing was held by the City Council to hear the appeal of Nan Pak Wilhelm and Min Cha Kwon. Each was represented by legal counsel and each testified on their own behalf. Based upon the evidence presented, including the testimony at the City Council hearing, and each member of the City Council being familiar with the matter, it was determined that the facts required by the Downey Municipal Code for the renewal of a Police Permit were not present and that the denial by the Chief of Police should be upheld. SECTION III. Pursuant to Code of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, or determinations taken, done or made prior to such decision shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) days of the date of this Resolution. The City Clerk shall send a certified copy of this Resolution to the Appellants at the address of said persons set forth in the record of the proceedings and such mailing shall constitute the notice required by Code of Civil Procedure 1094.6. SECTION IV. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 12th day of May , 1992. • Barbara J Hayden, Mayor ATTEST: // Judith E. McDonnell, City Clerk 15881.1 RESOLUTION NO. 5554 Page 4 I HEREBY CERTIFY that the foregoing Resolution No. 5554 was introduced and adopted at a regular meeting of the City Council of the City of Downey held on the 28th day of April , 1992, by the following vote: AYES: 5 Council Members: Cormack, Boggs, Riley, Brazelton, Hayden NOES: 0 Council Members: None ABSENT: 0 Council Members: None ABSTAINED:0 Council Members: None It r r ,' Judith E. McD „17, nn City Clerk 15881.1