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HomeMy WebLinkAboutReso - CC - 131-1990RESOLUTION N0, 131-90 RESOLUTION REVOKING MASSAGE ESTABLISHMENT PERMIT PONGSAI YAIPAN RESOLVED, by the City Council of the City of Burlingame that: WHEREAS, application was made to the City of Burlingame by Pongsai Yaipan for a permit to operate a massage establishment and approved by the Police Department on July 12, 1990; and WHEREAS, subsequent thereto it was determined by the Police Department that incorrect information was given on the application and in interviews with the applicant, and the Police Chief recommended to the City Manager that said permit be revoked; and WHEREAS, as provided by the ordinances of the City of Burlingame a hearing on said recommendation was held by the City manager of October 12, 1990, and the City Manager concurred in said recommendation; a timely appeal was filed by the applicant, and a hearing upon said appeal was scheduled and held by the City Council on November 5, 1990: NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. That the following findings of fact are made regarding said application: A. The applicant failed to disclose the information required by Section 6.40.040, subsections 5, 6 and 9 specifically: 1) The applicant failed to disclose her business occupation or employment for three years immediately preceding the application 2) The applicant failed to disclose her ownership of the Paradise Spa, San Mateo, a massage business. 3) The applicant failed to disclose that she had employees in a business operated three years immediately prior to the application. 4) As a spokesman for the applicant, the applicant's husband orally disclosed falsely that the applicant had been employed in the home in a real estate development business and the applicant herself was present and acquiesced in statement. 5) The applicant failed to provide such other ident- ification and information necessary to discover the truth of the matters herein before specified as required to be set forth in the application in violation of Subsection 9. B. The applicant failed to respond to oral questions accurately, indicating a lack of character and responsibility in violation of Section 6.40.080(1). C. The applicant's failure to disclose, false disclosures and omissions as specified above are grounds: (1) to have denied the permit in the first place, and (2) to revoke the permit presently under the provisions of 6.40.180. 2. The decision of the City Manager is affirmed and the permit for a massage establishment heretofore granted to Pongsai Yaipan is hereby revoked. 3. Section 1094.6 of the Code of Civil Procedure shall apply to this proceeding. MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 5th day of November, 1990, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: P? � ' CITY CLERK