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Recommendation to receive supporting documentation into the record, conclude the hearing and uphold the decision of the Chief of Police and the Director of Financial Management to deny the business license application of Qi Pingan, dba Pine Ave Spa, 421 Pine Avenue.
(District 1)
DISCUSSION
On February 1, 2012, the Long Beach Chief of Police recommended that the Department of Financial Management deny the business license application of Qi Pingan, DBA Pine Ave Spa, 421 Pine Avenue, for failure to comply with applicable laws and regulations, including, but not limited to, Long Beach Municipal Code (LBMC) Section 3.80.210 and California Penal Code Section 647(B). Some of the findings included:
1. A massage technician, with a misdemeanor count for prostitution, working as an independent contractor at Pine Ave Spa.
2. The applicant had massage technicians operating who were not licensed and/or permitted by the City or the State.
3. The applicant was conducting business without a City business license.
Pursuant to the LBMC, the applicant can appeal the denial of a business license to the City Council. The City Council shall set the appeal hearing to be held not less than ten (10) days, nor more than thirty (30) days thereafter. However, the applicant waived any and all rights to a City Council Hearing within forty (40) days of filing his appeal, and agreed to the first available hearing on Tuesday, May 1, 2012.
Whenever it is provided that a hearing shall be heard by the City Council, the City Council may, at its discretion, conduct the hearing itself or refer it to a hearing officer. If the matter is referred, the City Council shall set the hearing to be held not less than twenty (20) days thereafter.
This matter was reviewed by Deputy City Attorney Kendra Carney on April 13, 2012.
TIMING CONSIDERATIONS
City Council action on this item is requested on May 1, 2012 to comply with the hearing requirements pursuant to LBMC 2.93.050, as outlined abov...
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