HomeMy WebLinkAboutReso 1987-12886 RESOLUTION NO. 12886
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REVOKING THE HEALTH CLUB BUSINESS
LICENSE OF ELBERT B. POPPELL dba THE B & M
HEALTH CLUB
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Chula Vista Municipal Code Section 5.02.180
authorizes the City Council to revoke issued business licenses on
the grounds that there has been a failure to comply with any term
or terms of the Municipal Code; and
WHEREAS, Section 5.02.040A of the Chula Vista Municipal
Code requires any applicant for a business license to state on
the application therefor the nature or kind of business or
enterprise for which the license is required; and
WHEREAS, on January 9, 1987, Elbert B. Poppell dba B & M
Health Club at 15 Fourth Avenue, Chula Vista, California was
given notice of preliminary determination of revocation of said
Health Club business license on the grounds of a false statement
in said application in violation of Municipal Code Section
5.02.040, and giving further notice of a public hearing before
the City Council at 7:00 p.m. on January 20, 1987 to determine
whether such false statement had been made and whether said
license should be revoked; and
WHEREAS, notice of said public hearing was properly
given to the respondent, Elbert B. Poppell and the public; and
WHEREAS, evidence having been presented by City staff
and respondent, Elbert B. Poppell;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does find that on October 8, 1986, Elbert
B. Poppell applied for and was granted by the City Finance
Director a business license to do business as a health club, Mr.
Poppel having stated in the application therefor that the
description of the business operation and the use of the building
would be as a health club and racquetball facility; that from and
after some time between October 8, 1986 and December 12, 1986,
respondent, Poppell, did not operate said facility as a health
club, but rather as a sexual encounter studio and rap parlor as
defined in Chula Vista Municipal Code Section 19.04.205; that
respondent, Poppell, continues to operate the facility as a
sexual encounter studio and rap parlor and not as a health club,
as applied for; that said statement on the application was false
and constitutes a failure to comply with the terms of the
Municipal Code that the applicant state the nature or kind of
business or enterprise for which the license is required.
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BE IT FURTHER RESOLVED that the City Council of th City
of Chula Vista does hereby revoke the business license issued to
Elbert B. Poppell dba B & M Health Club dated October 8, 1986,
said revocation to be effective forthwith.
Presented by A,p~d~s to form by
~~., ~ 3~/1~ ·
L~man Christopher, Director of Thomas J. Harron, City Attorney
Finance
2413a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 20 day of. January
19 87 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Cox, Moore, Nader
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Councilmembers Malcolm
~ City dler~ g:~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO, 12886
,end thor the some has not been omendedor repeoled
DATED
City Clerk
CIIY OF
CHUI. A VISTA
CC-660