Agenda Item No: M.3
AGENDA REPORT
DATE: June 2, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026 -113 CM Appeal of the Denial of Business Permit for Massage Establishment Located at 321 North Texas Street, Ste. 107
[Approving/Sustaining] [Denying/Overruling] Appeal of the Denial of Permit Application for Massage Establishment Located at 321 North Texas Street, Ste. 107, Fairfield, CA 94533 Pursuant to Chapter 10A of the Fairfield Municipal Code
Funding Source: N/A
Contact: David Lim, (415) 421-8484
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 council to conduct a hearing and approve/sustain or deny/overrule the appeal.
DISCUSSION
On February 17, 2026, Chunying Zhao Kemp (Appellant) applied for a renewal of a massage permit with the Fairfield Police Department for “Tender Therapeutic Care Service,” a business at 321 North Texas Street, Ste. 107, Fairfield, California 94533 (Attachment 3).
On April 1, 2026, the City denied the renewal application, citing 11 violations of the Fairfield Municipal Code (Attachment 4).
The code enforcement officer noted the following violations (all citations reference the Fairfield Municipal Code [FMC]):
10A.11(b): Close supervision required
10.16 - Display
10A.5(a): Inadequate lighting
10A.5(d): Inadequate lighting
10A.5(e): No lockers
10A.5(h): Clean towels and linens not provided
10A.5(l): Compliance with applicable laws
25.22.2: Allowed land uses and permit requirements
10A.6: Record of Treatment
10A.15A: City massage permit required
10A.21(c): Permit renewals
On April 7, 2026, Appellant and her husband Mr. Thomas Kemp came in -person to City Hall and timely filed an appeal of the denial of their renewal application for a massage permit.
A hearing date was scheduled for June 2, 2026 , with consent of Appellant. Appellant confirmed their attendance at the hearing via e-mail on May 20, 2026 (Attachment 5).
The City Council is required to hold a public 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 partly or may modif y 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.
The City through Code Enforcement Director Jeremy Profitt submitted a packet of information for consideration at this hearing (Attachment 6). This packet was provided to Appellant prior to this hearing (Attachment 7).
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. City Staff have chosen to represent themselves in this matter.
FINANCIAL IMPACT
N/A
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) 421-8484
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Tender Therapeutic Care Service Massage Permit Application (2/17/26) Attachment 4: Tender Therapeutic Care Service Permit Denial (4/1/26) Attachment 5: Email confirmation from Tender Therapeutic Care Service re: Appeal Date (05/20/26)
Attachment 6: Code Enforcement Packet of Evidence for Hearing Attachment 7: Email to Tender Therapeutic Care Service re: Code Enforcement Packet of Evidence for Hearing (05/20/26)