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Proposed Resolution 2025-147.pdf

Fairfield City Council
July 1, 2025

Document
Proposed Resolution 2025-147.pdf
Meeting
July 1, 2025
Body
Fairfield City Council
Pages
2
Original file
199 KB
Text extracted from the city's file for reading and search. Open the original on pub-fairfield.escribemeetings.com. That file is the official record.

CITY OF FAIRFIELD

RESOLUTION NO. 2025-147

[APPROVING/SUSTAINING] [DENYING/OVERRULING] THE APPEAL OF THE DENIAL OF THE BUSINESS PERMIT 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

WHEREAS, on May 6, 2025, the City of Fairfield declined to grant a business permit to operate a massage establishment to Miracle Massage located at 1328 West Texas Street in the City of Fairfield, State of California; and

WHEREAS, the Fairfield Municipal Code section 10A.22 states, “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 therefore with the city clerk within ten days after the city manager’s decision. Upon receipt of the appeal, the matter shall be set for review by the city council;” and

WHEREAS, Miracle Massage has timely exercised their right of appeal to the City Council through delivery to the City requesting an appeal of the revocation of their license on May 12, 2025; and

WHEREAS, Fairfield Municipal Code section 10A.22 states that in ruling on the appeal of the petitioner, the council “shall judge the merits of the appeal based upon those grounds set forth for revocation and suspension of permits” which are outlined in section 10A.19 and 10A.20; and

WHEREAS, the council may reverse or affirm wholly or partly or may modify any decision, determination or re quirement of the city manager and may make such decisions or determinations or impose such conditions as the fact warrant, and may order that a permit be granted, suspended or revoked in accordance with their ruling; and

WHEREAS, the council has held the hearing on the appeal of the denial of the business permit by hearing and considering sworn testimony from all parties wishing to be heard, and receiving and considering all evidence lawfully admitted before it.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The council finds that the appeal brought by Miracle Massage regarding the denial of permit to operate a massage establishment is (choose one): APPROVED/SUSTAINED, or DENIED/OVERRULED.

Section 2. City Staff for the City of Fairfield are authorized to do all things proper and necessary consistent with the findings of this resolution.

Section 3. A copy of this resolution shall be served on the business permit applicant by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such RES. NO. 2025-147

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person at the address appearing on his last license or application within 10 business days of this hearing. The city clerk is directed to keep a copy of the proof of service.

PASSED AND ADOPTED this 1st day of July 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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