Agenda Item No: R.4
AGENDA REPORT
DATE: July 1, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025 -147 CM Appeal of the Denial of the Permit Application for Massage Establishment Located at 1328 West Texas Street
[Approving/Sustaining] [Denying/Overruling] the Appeal of the Denial of the Business Permit Application for Massage Establishment Located at 1328 West Texas Street, Fairfield, CA 94533 Pursuant to Chapter 10A (Section 10A.11; 10A.5; and 10A.6) and section 25.22.2 of the Fairfield Municipal Code
Funding Source: N/A
Contact: David Lim, (415) 782-0393
RECOMMENDED ACTION
Hold public hearing and adopt resolution.
STATEMENT OF ISSUE
The Fairfield Municipal Code allows the applicant of a City business permit to appeal the denial of their permit application to the City Council. Fairfield Municipal Code section 10A.22 requires the City Council to conduct a hearing and approve/sustain or deny/overrule the appeal.
DISCUSSION
On February 2, 2025, Ms. Li Bin Dong (Appellant) applied for a massage permit with the Fairfield Police Department for “Miracle Massage,” a business at 1328 West Texas Street, Fairfield, California 94533 (Attachment 2). The City allowed Ms. Dong to open her massage business wi th a probationary permit while her application was being reviewed.
On May 6, 2025, the City of Fairfield denied the massage permit application of Ms. Dong for a Massage Establishment called Miracle Massage, located at 1328 West Texas Street (Attachment 3). The business permit was denied on the basis of various Municipal Code violations that were observed at the May 2nd inspection of the business undertaken by code enforcement.
The code enforcement officer noted the following violations:
10A.11(b): Close supervision required
10A.5(h): Clean linens required/(Towels left in the open) 10A.6: Record of Treatment was not being filled out correctly 10A.5(d): Inadequate lighting
25.22.2: Sleeping on the premises
27.401(r): Violation of any city code is a public nuisance
On May 11, 2025, Ms. Dong sent a letter appealing the denial of the permit application and has asked for a hearing before the City Council as provided for under Fairfield Municipal Code section 10A.22 (Attachment 4). The probationary massage p ermit remains in place while Ms. Dong’s appeal is pending.
In the letter requesting the appeal, the Appellant addressed each violation noted by the code enforcement officer. Appellant contends that each violation has been remedied:
10A.11(b): Appellant contends that all employees are CAMTC certified and that they are appropriately supervised.
10A.5(h): Appellant contends that the way towels are stored has been appropriately adjusted
10A.6: Appellant contends that he has reviewed the requirements for recording treatment information and will do so correctly but contends that the Fairfield municipal code contradicts California Civil Code section 1747.08. 25.22.2: Appellant contends that they will never sleep on business premises.
The City Council is req uired to hold a public hearing on this matter and approve/sustain or deny/overrule the appeal. The hearing has been set for July 1, 2025, during the normal City Council meeting.
Fairfield Municipal Code 10A.22 states:
a) Any person aggrieved by the grant or denial of the city manager may appeal that decision by filing written notice of such appeal and the ground therefor with the city clerk within ten days after the city manager’s decision. Upon receipt of appeal, the matter shall be set for review by the city council. No rights shall be exercised under any permit or amendment until the city council’s decision.
b) In considering and ruling upon the appeal of the petitioner, the city council shall judge the merits of the appeal based upon those grounds set for th for revocation and suspension of permits.
The city council may reverse or affirm wholly or partly or may modify any decision, determination or requirement of the city manager and may make such decisions or determinations or impose such conditions as th e facts warrant, and may order that a permit be granted, suspended or revoked in accordance with their ruling. The decisions of the city council shall be final. Any hearing may be continued from time to time
Both sides have been notified of their opportun ity to present any documents or other evidence at the hearing.
Under existing law, the city attorney cannot advise the hearing officers (City Council) and simultaneously advocate on behalf of City Staff. Therefore, this staff report makes no recommendation to the council, nor does it offer an opinion on City Staff’s actions. The city attorney’s role will be to guide the hearing officers (City Council) on the proper process for this hearing. Outside attorney Ms. Joanne Tran has been retained to represen t City Staff in this matter and will advocate on behalf of City Staff in this matter.
FINANCIAL IMPACT
The financial impact is minimal, as the hearing will take place during a regularly scheduled City Council meeting.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
By operation of the Municipal Code, the City Council must issue a ruling to approve/sustain or deny/overrule the appeal.
COORDINATED WITH
N/A
STAFF CONTACT
David Lim, City Attorney
(415) 782-0393
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Massage Permit Application from Li Bin Dong (2/25/2025) Attachment 4: Denial Letter for Massage Permit from City of Fairfield (5/6/2025) Attachment 5: Request for Appeal from Mr. Dong (5/11/2025) Attachment 6: Hearing for Massage Permit Email (6/24/2025)