SR-7-C (6)
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City Council Meeting 6-2-92
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Santa Monica, California
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STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Appeal of massage parlor permit revocations,
Terry Werner and Ilye Nadeau, Case Nos. HE 90-8, 13
A. BACKGROUND
Terry Werner owns the Townhouse massage parlor at 1447 sixth
street in Santa Monica.
Ilye Nadeau is one of Werner's
"masseuses." In 1990, the Chief of Police revoked the permits of
Werner, Nadeau and two other masseuses after three separate
incidents involving illegal sexual activity and other Municipal
Code violations at the Townhouse.
B. EVIDENCE AT HEARING
All four appealed the revocations to the City Hearing
Examiner.
(Two of the masseuses later withdrew their appeals.)
The hearing was held in June and July 1991. The City presented
the following evidence to the Hearing Examiner:
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Date of
InCldent
4/19/90
5/19/90
6/20/90
Code
Employee violations
Nadeau intentional contact
with customer's
genitals; customer
naked; masseuse
exposed breasts
Kwon
intentional contact
with customer's
genitals: customer
naked; masseuse
exposed breasts
Evidence
testimony of under-
cover officer and
monitoring officer
undercover officer,
monitoring officer
testimony; condom;
audiotape
eyewitness accounts
of two officers;
condom
The appellants put on no evidence to contradict the facts
An
sexual intercourse
with customer;
customer naked:
crotchless garment
from any of the three incidents.
Thus, the City's factual case
was entirely unrebutted.
C. DECISION OF HEARING EXAMINER
The Hearing Examiner upheld the revocations. He found that
there were multiple violations of Municipal Code Section 62010 in
each incident (see chart above).
Under Municpal Code Section
62014 (f), two or more violations of section 62010 in the same
year mandate revocation of the owner's permit.
RECOMMENDATION
All three incidents were proven by clear evidence, none of
denied.
which was rebutted by the appellants.
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The appeals must be
,
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PREPARED BY: Robert M. Myers, City Attorney
Adam Radinsky, Deputy City Attorney
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