Agenda Item No: P.2
AGENDA REPORT
DATE: April 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026 -57 CM Appeal of the Denial of Business Permit for Massage Establishment Located at 1328 West Texas Street
[Approving/Sustaining] [Denying/Overruling] the Appeal of the Denial of Business Permit 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 Fairf ield 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. See Attachment 1. The City allowed Ms. Dong to open her massage business with a probationary permit while her application was being reviewed.
On May 6, 2025, the City of Fairfield Code Enforcement Division (Code Enforcement) 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 2 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. See Attachment 3. The probationary massage permit 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
On July 1, 2025, the City Council held a hearing on the appeal of the Appellant. By a 5-1 (Panduro - NO) vote, the City Council placed Appellant on 60 days probation with a provisional business license, subject to inspection anytime with or without a warrant. If no further violations were found by code enforcement after the 60-day period, Appellant was to be issued a permanent massage permit.
On November 19, 2025, Code Enforcement sent a letter to Appellant denying a permanent massage permit based on the following violations:
10A.11(a): Massages conducted with non-certified massage professional 10A.6: Records of treatment not being filled out correctly 10A.15(b): Massage therapist not listed on permit
10A.20(a)(11): Any other unprofessional conduct or violation of applicable law
On November 24, 2025, Appellant send a letter appealing the denial of a permit and the findings by Code Enforcement. A hearing date was scheduled for March 17, 2026 , with consent of Appellant.
The City Council is required to hold a pub lic hearing on this matter and approve/sustain or deny/overrule the appeal.
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 forth for revocation and suspension of permits.
The city council may reverse or affirm wholly or p artly or may modify any decision, determination or requirement of the city manager and may make such decisions or determinations or impose such conditions as the 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 opportunity 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 City 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 represent 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
Police Department
STAFF CONTACT
David Lim, City Attorney
(415) 782-0393
[email protected]
ATTACHMENTS
Attachment 2: Miracle Massage Permit Denial (11/19/2025) Attachment 3: Miracle Massage Appeal (11/24/20025)
Attachment 4: Letter to Miracle Massage re: Appeal Date (01/30/2026) Attachment 5: Email confirmation from Miracle Massage re: Appeal Date (01/30/2026) Attachment 6: Email from Jeremy Profitt to Miracle Massage re: Logbook and Compliance Requirements (9/10/2025)
Attachment 7: Code Enforcement File 25-000067 re: Miracle Massage Attachment 8: Email from Jeremy Profitt re: Miracle Massage (10/22/2026) Attachment 9: Code Enforcement Powerpoint Presentation