HomeMy WebLinkAboutAgenda Statement 1987/01/20 Item 14 COUNCIL AGENDA STATEMENT
Item 14
Meeting Date 1/20/87
ITEM TITLE: Hearing - On Revoking the License of B & M Health Club
Resolution, , - Revoking the Health Club Business License
of Elbert B. Poppell dba B & M Health Club
SUBMITTED BY: Director of Finance
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
On January 9, 1987, the Director of Public Safety served the respondent with a
Notice of Revocation of his business license as a health club and giving him
further notice of an opportunity for a hearing before the City Council to
determine whether his statement on the application regarding the nature of the
business to be conducted constituted a failure to comply with any term of the
Municipal Code pursuant to Section 5.02.180.
RECOMMENDATION: Conduct the Hearing
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Following a presentation of evidence by the Director of Finance and the
Director of Public Safety and respondent, Poppell, the City Council will be
required to make its determination whether a false statement was made, if it
constituted a failure to comply with the terms of the Municipal Code regarding
application statements, and whether the business license as a health club
should be revoked.
FISCAL IMPACT: N/A
24114a
/ .ley the City Council of
Chula Vista, California
Dated / 1'-- 7
C-41/'
SUBMITTED BY ASSEMBLYMAN STEVE PEACE TO CHULA VISTA CITY COUNCIL
ZE'Lnta-
PETITION -
WE THE UNDERSIGNED FIND THE ACTIVITIES OF THE SO-CALLED "SEXUAL
ENCOUNTER" CLUB, KNOWN AS THAD`S, WITHIN' OUR COMMUNITY INTOLERABLE
AND CALL UPON THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO CLOSE
THIS BUSINESS IMMEDIATELY, AND NOT WAIT FOR A THIRTY DAY ABATEMENT
PERIOD:
PRINT NAME: WALL-1E P.
ADDRESS: 31 Slat. ‘"JA)
PHONE: a •
SIGNATURE: 1,t;_QP = f
O.
PRINT NAME:
ADDRESS: 47(o Dl}U(17SON
,1
PHONE: 4'C'' 4Z7 -g'(l('32--
SIGNATURE: , 7csL 1� . )
PRINT NAME: I 1 ANA ll�l P IL(( ( onhj (
ADDRESS: '3 C� /� I I�`QJI'/� U �7 1��.
PHONE: f c1t, ✓ 0 '(o
SIGNATURE: f✓h/
AR7-14-ice PRINT NAME: <,1Q1// S
ADDRESS: __fALc/L/gA 6-77
PHONE: ,
SIGNATURE: IMWAlice /
PRINT NAME: 41 A4 A tS-'7,e4 I -rd
ADDRESS: `$ l 410 ie
PHONE: _ 6 — 102-3
SIGNATURE: 0i<it� -1!/ �,«°=d/
PRINT NAME: ;1 '7 k/ '1/C I(,//,k/ -%/ ,
ADDRESS: L, /!.
PHONE
SIGNATURE:
11111111111r. /,
•
CITY OF CHULA VISTA JJ BUSINESS LICENSE APPLICATION L .. 1
'
❑HOME OCCUPATION PERMIT J 27 FINANCE OFFICI
❑ZONING PERMIT 276 FOURTH AVENUE • P.O.BOX 1087 • CHULA VISTA,CA 92010 j--Z yW'�.J4� 691-5051
Y
1 PAR 1OTO BE COMPLETED BY ALL APPLICANTS) (PLEASE TYPE OR PRINT IN INK)
STAT ESALE NO. FEDERAL EMPLOYER I.D. SOCIAL SECURITY NO.
(SELLER'S PERMIT) (PARTNERS OR CORPORATIONS) (SOLE PROPRIETORSHIPS/ALL OTHERS)
/� 2,-e_ C°--64, ---"
O // -- _..� /�/,'a - 7 o 7
BUSINESS NAME: /3 ri 2 / / " ✓'?
BUSINESS ADDRESS: /J ✓ea.,-e- - 9aa0'
NUMBER STREET /- CITY �y STATE ZIP PHONE
OWNER/COMPANY EXEC.: f Zei7- /J Po%o,o/ z/ !/� i/9.2S3Vt V9'e7CkI
NAME �J_v Jn,,_ %/q/� �� /��p PHONE DRIVER'S LIC NO
dor
OWNER'S HOME ADDRESS: 4-'2 L- - _ .. ,, ���2-�...x. e ,,- 9aG4a
AP"' n ee STREET /�/J //� CITY
///J///�h STATE ZIP
MAILING ADDRESS: AP"' ` >•y '` ''/' � /J 4/2511'*i, f�` 4 e. `�Q/0
(IF DIFFERENT FROM ABOVE) NAMEEj// /�( / NUMBER STREET CITY STATE, ZIP:
CO.OWNER/MANAGER: r /
NAME,�a f//+ PHONE
� / (�
POLICE EMERGENCY �A�L./ ..Z / "7/-7 - /I J 3 i/e
INFORMATION: NAME PHONE
TYPE OF LICENSE '-= STATE LICENSE NO. CHECK ONE: CORPORATION❑
PARTNERSHIP❑
FICTICIOUS NAME FILED YES❑ NO LAY BUYING/SELLING USED MERCHANDISE YES❑ NO EI----- SOLE PARTNERSHIP❑
I DECLARE UNDER PENALTY OF MAKING A FALSE STATEMENT THAT I HAVE READ AND COMPLETED ALL SECTIONS OF THIS FORM TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT
STATEMENTS MADE HEREIN ARE CORRECT ANT TRUE I FURTHER ACKNOWLEDGE RECEIPT GE THE CHULA VISTA BUSINESS LICENSE FACT SHEET AND UNDERSTAND ISSUANCE OF THE
BUSINESS LICENSE DOES NOT RELIEVE MF FROM MEETING,THE.S1 C CCL REQUIREMENTS
SIGNED X__lam Cyyr-e- : .,.. _ ____- __..-_ _4 TITLE `�^- . DATE/O! S/SK�
SALES OR USE TAX MAY APPLY TO YO B SINESS ACTIVITIES YOU MAT SEEK WRITTEN ADVICE REGARDING THE APPLICATION OF TAX TO YOUR PARTICULAR BUSINESS BY WRITING TO THE
NEAREST STATE BOARD OF EQUALIZATION OFFICE
•PA 2 TO BE COMPLETED BY APPLICANTS WITH FIXED LOCATION AND ON CITY TAX ROLLS:
/O LLLS:�///,./,/(1 o�
i BRI D 20F U NESS OPE ATION ND USE BUILOIN /7 i/ ' ✓24, 1.
LEGAL O IER'` L v.{IF KNOWN)/2 ,. _
OWNER'S MAILING ADDRESS. J /l /J . //�,
STREET 3/00 r-.21- 2 CITY t�//(,�r� STATE�-CG. ZIP /0/
I] PREMISES AND OK BUILDING MAYBE OCCUPIED OR USED ONLY FOR THE PURSPOSE DESCRIBED ABOVE ANY CHANGE IN USE WILL REQUIRE ANEW LICENSE.ALL SIGNS REQUIRE
NOTE' PLANNING DEPARTMENT APPROVAL
FINANCE USE ONLY
CLASSIFICATION BASIC FEE EMPLOYEE RATE NO.OF EMP/UNITS HSG PERMIT APT.EL TOTAL
'Al FIXED LOCATION ON CITY S TAX ROLLS
a5 c� = o1 317 00
_ (B)NO FIXED LOCATION ON CITY'S TAX ROLLS
ICI SPECIAL CLASSIFICATION
"r� nnN 00
00)
TOTAL FROM ABOVE L/ /"
L/•J REEPRORAT 5.50 > -
• FEE MAY BE PRORATED FOR CURRENT AND REMAINING QUARTERS OF THE CALENDAR YEAR. � SUB TOTAL /U '.I`��+1/O
•• ADD 10%PENALTY FEE FOR EACH MONTH OR FRACTION OF MONTH DELINQUENT UP TO 60%. ZONING FEE/HO OCCUPATION FEE ^/w-/,-/J�/LJ (
-' TOTAL AMOUNT DUE /L.5. l..'0
(
PLANNING DEPARTMENT I I OTHER __ L. I
BUILDING/HOUSING DEPT.
COMMENTS BELOW YES 0 NO C COMMENTS BELOW /�`YES�0 NC)0/%�L COMMENTS BELOW YES 0 NO 0
PREVIOUS USE L C./ZONE NO. 7�J y / / (i 6"- PR BY DATE
OCCUPANCY GRP ASSESS PAR • ...,...W�/--{Z.2/e 61 OTHEER //
OCCUPANT LD NO.ELK BUSINESS � �`VY�s /J�r � W �1 NO 0 C
MAX.FLR.LD F.2. <PP• BY ///!!Aj DATE/F/ �jj,7APPR BY DATE
BLDG PERMIT NOISI PREVENTION BUREAU Y`(—j' FINANCE DEPARTMENT/ � /J�JLL/�
TYPE OF CONST COMMENTS BELOW YES 0 NO 0 _ISSE YR g/� LICENSE NO p/,,,/0 7 J
NEW BUSINESS 0 NEW OWNER
NO OF DWG UNITS APPR BY DATE USINESS OUTSIDE CITY //J I�
NO OF BLOCS HEALTH DEPARTMENT 1_ BUSINESS CLASS e`(/ .LJ
APPR BY DATE COMMENTS BELOW YES NOD ISSUED BY ,_, DATE ,-///111 -:-
ANNUAL LIC SIC CODE g/l
COMMENTS 1 INDICATE DEPARTMENT: APPR BY DATE ❑•RTLV LIC y
_E.206:REV 2/861
e
ROUTE TO DEPARTMENTS CHECKED
1/4-49A ec 9 ,A
pp h
1 D. RICHARD RUDOLF
Assistant City Attorney
2 City of Chula Vista
276 Fourth Avenue
3 Chula Vista, CA 92010
(619) 691-5037
4
5 Attorney for Plaintiff •
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN DIEGO
10 CITY OF CHULA VISTA, ) CASE NO.
11 Plaintiff , ) DECLARATION OF NATHANIEL
vs. ) HINES IN SUPPORT OF MOTION
12 ) FOR TEMPORARY RESTRAINING
ELBERT B. POPPELL; individually ) ORDER AND PRELIMINARY AND
13 and dba B & M HEALTH CLUB; ) PERMANENT INJUNCTIONS
ABE SINER, individually and )
14 dba SINER REALTY; ESTATE OF )
LEAH SHAPOV; and DOES I through )
15 X, inclusive . )
16 Defendants . )
17
18 I , NATHANIEL HINES, state:
19 That I am a Chula Vista Police Officer employed by the
20 plaintiff in the above-entitled action.
21 That this declaration is made in support of plaintiff ' s
22 Motion for a Temporary Restraining Order and Preliminary and
23 Permanent Injunctions .
24 On December 12 , 1986 between approximately 11: 30 p.m.
25 that date and 1:00 a.m. on December 13 , 1986 , I was present at
26 Thad ' s Sexual Encounter and Health Club, otherwise known as the B
27 & M Health Club, located at 15 Fourth Avenue, in the City of
28 Chula Vista , California .
-1-
I ,
1 Upon entering the premises, which displayed a large
2 "racquetball sign" on the outside and later appeared to be a
3 converted racquetball court premises, I encountered a white male
4 who advised me that I could be admitted upon the payment of
5 $60 . 00 and showing me a picture ID.. I showed him a card with my
6 photo on the back and signed a register at his request, putting
7 my age next to my name . The person then advised me that I was to
8 place all my clothing into a locker and that there were no
9 clothes allowed back in the court area . I was advised that they
10 did not sell alcohol and if I wanted anything, I should get it
11 before getting undressed so that I would not have to go in and
12 out of the club. I advised I did not want anything and was told
13 "well go ahead . We make no promises . There are women back
14 there, men if you prefer . You can dance if you like, watch if
15 you like, anything goes . "
16 I was then escorted to the locker room area by an
17 unknown black male adult, and after undressing, proceeded down a
18 hallway to what were converted racquetball courts . In the first
19 room, I saw a large TV screen, several couches and soft
20 plush-type chairs and round bed positioned near the door . The TV
21 screen was for showing movies . I \sat on a chair near the wall
22 and observed a blonde female contacting young men who appeared to
23 be in the military, having short conversations with them, taking
24 them to the round bed , where she would then orally copulate them
25 and have sexual intercourse with them. The blonde female
26 repeated this action with five to six different males . I also
27 observed a second, auburn colored hair female seated on the sofa
28 ' along the east wall engaged in ora sex and intercourse with two
-2-
1
men at the same time. One male was being orally copulated, while
2 the other was having intercourse and orally copulating the
3 female . I observed six to seven different males get involved in
4 what was taking place, with two other men returning for a second
5 turn.
6 Proceeding down the hallway, I passed a second room
7 which appeared to be a music room, with a small bar-type area,
8 with an area for people to store their alcoholic beverages in.
9 I proceeded down the hall to a third room which appeared
10 to be a weight room with machines and an inoperable spa. In that
11 room, the auburn haired female who had been in Room No. 1 was now
12 positioned on what would be the bench press area of a weight
13 machine. Her legs were wrapped around the bars , with males
14 taking turns having intercourse with her and being orally
15 copulated by her . I observed several males who appeared to be in
16 the military exchanging places during this process .
17 Proceeding further down the hall, I passed a fourth room
18 which appeared to partitioned off into small rooms , each with a
19 mattress, pillow and locking door . I observed couples entering
20 some of these rooms , but was unable to see what was taking place
21 inside these rooms .
22 Proceeding further down the hall , a fifth room was a
23 game room, complete with arcade-type games and pool tables . A
24 sixth room was marked for couples only on the sign. The business
25 card I received upon entering the establishment reads : "Thad' s .
26 You are invited to attend a nude party. Bring your own towel , -
27 drink and mix . Cups , ice and food provided. At our parties , we
28 ! dance , play pool , relax in our jaccuzzi . For party reservations
-3-
1
and location, 275-0120 after 6 : 00 p.m. " A copy of the business
2 card is attached hereto, marked Attachment 1 and made a part
3 hereof by this reference as if fully set forth herein .
4 I declare under penalty of perjury under the laws of the
5 State of California that the foregoing is true and correct .
6 , 7Th,z/
Dated: January 15 , 1987
Nathaniel Hines
8
9
2401a
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
•
•
•
•
Attachment 1 .
J -
•
•
I
•
•
•
•
•
• _ / .
•
•
• .
•
•
•
•
•
v.
•
•
•
•
•� ��,
•
r ,tom :
•
•
•
' I 'YOL -A�.INV,TED TOATTEND A NUDE`!'
•
•
PARBRINYOUR OWiTpyyE
x DRtN
�ANiXilllt t lJp tCE AAtD FOOD PROVIDEQ .
AT OUIPARTIF,SyyEp'� _ • -
PLAY POOL: - " -
T REG[ tl `OE1R JgCUZZL'=FOR-p
RES;/EOCµTJO .p ARTY � �s _
•
•
•
•
•
•
•
•
•
-
•
� � '
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
• •• - .
•
••
•
0%c7 (6711'
EX IBLT
.a.h
THOMAS F. HOMANN I
ATTORNEY AT LAW
432"F"STREET.SUITE 204
SAN DIEGO,CALIFORNIA 92101
(61 9)239-0707
January 6, 1987
William J. Winters
Director of Public Safety
City of Chula Vista
276 Fourth Avenue
Chula Vista, California
Re: Notice of Violation at 15 Fourth Avenue,
Chula Vista
Dear Mr. Winters:
I represent the, occupant of the property located at 15
Fourth Avenue in Chula Vista which was the subject of a Notice of
Violation dated December 24, 1986, signed by you.
Thank you for bringing to our attention those provisions of
the Chula Vista Municipal Code mentioned in the notice. In
conformity with your request and in an effort to comply with all
applicable laws of the City of Chula Vista, from now on no fees
will be charged for discussing sexual matters with nude persons
and no fees will be charged for engaging in sexual activities at
the premises. In short, as of today the premises is no longer
being used as a "sexual encounter studio. "
We hope these good faith effort on our part will satisfy
any further concerns you may have regarding this matter.
Very truly yours,
THOMAS . HOMANN
TFH:hh
(/*7CC )11 [
A
1 D. RICHARD RUDOLF
Assistant City Attorney
2 City of Chula Vista
276 Fourth Avenue
3 Chula Vista, Ca. 92010
(619) 691-5037
4
5 Attorney for Plaintiff
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN DIEGO
10 CITY OF CHULA VISTA, ) CASE NO.
11 Plaintiff, ) DECLARATION OF GEORGE HART
vs . ) IN SUPPORT OF MOTION
12 ) FOR TEMPORARY RESTRAINING
ELBERT B. POPPELL; individually ) ORDER AND PRELIMINARY AND
13 and dba B & M HEALTH CLUB; ) PERMANENT INJUNCTIONS
ABE SINER, individually and )
14 dba SINER REALTY; ESTATE OF )
LEAH SHAPOV; and DOES I through )
15 X, inclusive. )
16 Defendants . )
17
18 I , GEORGE HART, state:
19 That I am a Police Officer employed by the plaintiff in
20 the above-entitled action .
21 That this declaration is .made in support of plaintiff' s
22 Motion for a Temporary Restraining Order and Preliminary and
23 Permanent Injunction .
24 On Saturday, January 10, 1987, I went to the B & M
25 Health Club, also known as Thad' s , located at 15 Fourth Avenue,
26 Chula Vista, California , at approximately 8 : 00 p.m. I walked up -
27 to the door and knocked and was greeted by an unknown male . He
28 I asked if I had an invitation. I aidvised him that I did not . He 1
-1- -
1 told me that I could not come in at this time; that it was by
2 invitation only, and if I wanted more details , go read the sign
3 on the west side of the business . Upon doing so, I observed that
4 it stated, "Membership only. For further details , call 420-THAD. "
5 I then went to a phone, called that number , and it was
6 answered by an unknown male. I advised this subject that I was
7 interested in becoming a member and wanted to know what was
8 required for becoming a member . At this time, the subject asked
9 if I was single or would I be bringing a female , and I advised
10 him that I was single . He then stated that each additional
11 visit, after paying the $100 membership fee, would be a $50
12 visit, after paying the $100 membership fee, would be a $50
13 donation at the door . He also advised me that if I brought a
14 female, it would be $25 a piece, rather than the $50 . I then
15 stated that if it was a donation , and I did not want to , would I
16 have to pay the money prior to entering. he stated that I I
17 would . This ended the conversation with the male subject .
18 On January 11 , 1987 , I again called 420-THAD and talked
19 to an unknown male at that location. I told this subject I was
20 interested in becoming a member , and he asked if if I was
21 military or civilian. I advised him I was military and he then
22 stated that the cost was $40 per visit and all I would have to do
23 was shown my green military card . This subject stated that
24 normally the membership fee would be $100 ; however , they waived
25 this fee for the military because they realized that they were i
26 out of town quite a bit and would not be using the club like -
27 civilian members would.
28 ///
1 I declare under penalty of perjury under the laws
2 of the State of California that the foregoing is true and
3 correct.
4
5 DATED: January 15, 1987
6
7
8
9
10
11
12
13
14
15
16
17 Vic. i
GEORGE` HART
18
19
20
21
22
23
24
25
26
27
28 -3- ,
//,26 7 710'
41111 9TBIT
lid 1
NOTICE OF REVOCATION OF BUSINESS LICENSE
NOTICE IS HEREBY GIVEN that as of the 15th day of December , 1986 ,
the City of Chula Vista , California, has found and determined
that you made a false statement on October 8 , 1986 in your
application for a business license with the City of Chula Vista.
Such false statement consists of your statement under the heading
"Brief Description of Business Operation and Use of Building"
that it would be utilized as a "health club and racquetball" ,
( sic) , when in fact you are operating a sexual encounter studio
and rap parlor as defined in Chula Vista Municipal Code Section
19 .04 .205 .
NOTICE IS ALSO HEREBY GIVEN that a hearing has been set for the
City Council to determine whether your license should be revoked
on January 20 , 1987 at the hour of 7 : 00 p.m. , in the Council
Chambers of the Chula Vista City Hall , located at 276 Fourth
Avenue , Chula Vista, California .
If the stated conditions are found by the City Council to
constitute a failure to comply with any term of the Municipal
Code, specifically, Section 5 . 02 .040A thereof, the City Council
may order your business license revoked.
All persons having objection to or interest in said matters are
hereby notified to attend the meeting as stated in this Notice
when their testimony and evidence will be heard and given due
consideration .
DATED: January 9 ,1987
D. Richard Rudolf
Assistant City Attorney
2385a
/
•
4:0
THOMAS F. HOMANN /frl ‘7101-T
ATTORNEY AT LAW
432"F"STREET,SUITE 204
SAN DIEGO,CALIFORNIA 92101
(61 9)239-0707
January 13, 1987
D. Richard Rudolf
Assistant City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Re: Elbert B. Poppell, 15 Fourth Avenue, Chula Vista
Dear Mr. Rudolph:
I have been given two communications from you to my client
Elbert B. Poppell, both dated January 9, 1987 . I was frankly
surprised you would write directly to my client when you knew he
was represented by me. In the future you should not attempt to
communicate with my client directly, but only through me.
Your two letters raise a number of concerns:
1. You have purported to send a "Notice of Revocation of
Business License" to Mr. Poppell in which you advise a hearing on
the revocation will be conducted by the City Council on January
20, 1987 at 7 : 00 P.M. This notice does not make clear to me the
grounds upon which the revocation has been undertaken nor does it
indicate the evidentiary basis for the action. Obviously before
we can meaningfully participate in a hearing, my client must be
provided notice of the legal and factual basis for the proposed
adverse action. I would appreciate your response to this request
for notice as much in advance of any hearing as possible.
2 . I have researched the Chula Vista Municipal Code and
have been unable to locate any procedures pertaining to
proceedings for revocation of a business license. You have
scheduled a hearing before the City Council for revocation but I
cannot find any legal authorization for such action. Perhaps my
legal research is shoddy and you could advise me of the authority
for the conduct of the proposed proceedings. On the other hand
if the city is merely inventing procedures as it goes along, I
would be interested in knowing that fact. If there will be
defined procedures for the hearing, I would like to be advised in
advance.
D. Richard Rudolph
January 13 , 1987
Page Two
3 . Your letter to Mr. Poppell dated January 9th is even
more confusing to me since you state my client has failed to
maintain a business license. If he does not have a business
license, why have you initiated proceedings to revoke it?
4. My client advises me the Finance Department of the city
refused to accept his business license tax of $31. 00 which is now
due. In conformity with my earlier letter of January 6, 1987, my
client desires to obey all laws and regulations of the City of
Chula Vista including the requirement he pay a business license
tax. Accordingly, I am enclosing $31. 00 as the tax due on his
current business license.
Very truly yours,
THOMAS F. HOMANN
TFH:hh
CITY OF
Vot_047 cc ,
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
January 14 , 1987
Thomas F . Homann
432 "F" Street, Ste . 204
San Diego, CA 92101
Re: License Revocation Hearing, January 20, 1987
Dear Mr . Homann:
This is in response to an unsigned letter on your letterhead
paper dated January 13 , 1987 with regard to the above-referenced
matter .
Initially, you expressed surprise with regard to my direct
contact with your client by mail . You request I communicate only
through you in the future . We do not understand the ethical
prohibition of contact with a client regarding a case to preclude
service of legal notices on persons represented by counsel .
However , we take your letter as an assertion of authorization by
your client for you to receive all legal notices and service of
process , as well as any communications regarding matters within
the scope of your legal representation, directly, with copies to
your client.
Secondly, you complained that the Notice of Revocation of
Business License does not make clear the grounds or evidentiary
basis for the revocation. We know of no legal requirement that
it state an evidentiary basis, but in fact it clearly states that
the proposed revocation is based upon a "false statement. . . in the
application for a business license . . . " and thereafter follows a
detailed factual statement of the manner in which the application
was allegedly false. Accordingly, you already have notice, and
it should be clear to any person of reasonable intelligence what
the legal and factual basis for the proposed adverse action is ,
so that you can adequately prepare for the hearing.
/
276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5037
Thomas F . Homann
January 14 , 1987
Page 2
Thirdly, you report the absence of any Municipal Code provisions
setting forth the procedures for business license revocation
hearings and assert a lack of legal authorization to conduct such
a hearing . Section 5 .02 .180 of the Chula Vista Municipal Code
expressly sets forth the power of the City Council to revoke
business licenses issued thereunder "based upon a failure to
comply with any term or terms of this Code. . . " . Since the
ordinance does not set forth any procedure for such a license
revocation hearing, the provisions of the common law relating to
such quasi-judicial hearings , particularly the constitutional
concept of "due process" , will be applicable. Accordingly, it
would be reasonable to assume that the City staff will have the
burden of proof that a term or terms of the Municipal Code have
not been complied with by your client (as specifically stated in
the Notice of Revocation of Business License, failure to comply
with the requirements of Section 5 .02 . 040A to "state the nature
or kind of business or enterprise for which the license is
required. . . " ) ; that witnesses will be sworn and subject to cross
examination; that the respondent, your client, will have the
opportunity to present evidence, both oral under oath and
documentary; and that both sides will be permitted to present
argument; after which the City Council will make its
determination of the facts , whether there has been a failure to
comply with any term of the Municipal Code, and whether the
license should be revoked, in the event they find such violation .
Fourthly, you indicate our January 9 , 1987 letter is confusing
since it states your client has failed to "maintain" a business
license , and if he doesn' t have a business license why has the
City initiated proceedings to revoke it. As you are aware, your
client obtained a license for a health club stating that the
description of the business operation and use of building was
"health club and racquetball" ( sic) , whereas our letter of
January 9 , 1987 informs Mr . Poppell that a preliminary
determination has been made that he is not running a health club
as licensed, but rather a sexual encounter studio and rap
parlor . He has not obtained a license to run such a business .
As you are no doubt aware, Section 5 . 02 .030 requires a separate
license for each separate business transacted, conducted or
carried on. Accordingly, we felt it appropriate to warn you and
your client of the continuing criminal violation of operating a
sexual encounter studio and rap parlor without a license, which
is the major purpose of the January 9 , 1987 letter .
CITY OF CHULA VISTA
Thomas F . Homann
January 14, 1987
Page 3
Finally, you forward a check for 31 .00 for a business license
tax which you allege the Finance Department has refused to
accept. We assume your client has informed you that his attempt
to simply renew his existing license, rather than apply for a new
license, was rejected by the Finance Director due to the
discrepencies on his original license application (which are the
subject of the revocation hearing) . We are unaware of any filing
of any new application for a business license, which would be
required to be accompanied by the appropriate fee, by your
client . When , and if, your client chooses to file another
application for a business license with the City of Chula Vista,
the appropriate fee would be due and payable . Until such occurs,
we are returning your check herewith .
We trust these responses clarify any confusion in your mind as to
the status of license applications and revocation hearings
pending between your client and the City of Chula Vista .
Very truly yours ,
A L-Litct -7
D. Richard Rudolf
Assistant City LA torney
DRR: clb
Enc.
cc: Elbert Poppell
Director of Public Safety
Director of Finance
2397a
CITY OF CHULA VISTA