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:
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CITY CLERK