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HomeMy WebLinkAbout1978-03-30 Special Minutes - Massage License Revocation HearingMarch 30, 1978 7:00 P.M. ROLL CALL OF BOHRER, HARRIS, HILL, JOHANSON, TRAYNOR. COUNCIL MEMBERS ca /o0 TUKWILA CITY COUNCIL City Hall LICENSE HEARING Council Chambers M I N U T E S CALL TO ORDER Mayor Bauch called the Massage License Revocation Hearing to order at 7:05 P.M. These Minutes are a summary report of the Closed Hearing. A court Reporter, Diane Attleson, was present. A verbatim transcript of the proceedings may be ordered from her. Mayor Bauch stated the purpose of the License Hearing was to consider the revocation of massage license to operate Lee's Sauna and the revocation of massage licenses of five of the employees: Mary Durkin, Sheri K. Turner, Reyneau Fletcher- Patterson, Molly Olson, and Kathryn Jane Shay. Massage License Mayor Bauch said the case of Reyneau Fletcher- Patterson would be of Reyneau considered first. He said since this was a closed meeting, everyone Fletcher- Patterson other than Ms. Fletcher- Patterson, her attorney and witnesses, Mr. Durkin and his attorney should leave the Council Chambers. Jack Burns, attorney representing Mr. Durkin, objected to the closed hearing. Mayor Bauch said in accordance with the laws of the City a license revo- cation hearing before the Council can be a closed hearing. Tom Conom, attorney, represented Ms. Fletcher- Patterson. Jack Burns said it was his understanding the court reporter costs would be shared half and half by the City and £1r. Durkin. Mayor Bauch said that was his under- standing. Colleen Weule, Deputy City Attorney, stated Ms. Fletcher Patterson had been accused by the City of an unlawful act and she asked that the Court Docket be entered as Exhibit 1, the License Appli- cation completed by Ms. Fletcher- Patterson was entered as Exhibit 2, the Massage License issued as result of License Application was entered as Exhibit 3. Deputy City Attorney Colleen Weule said Ms. Fletcher Patterson had been found guilty of an unlawful act on March 28, 1978 in the Tukwila Municipal Court. Deputy City Attorney Colleen Weule cited the Sections of the T.M.C. that Ms. Fletcher Patterson had violated. Paul Smith, Police Officer, Vice Squad, King County Police, was sworn in and described his activities on the 28th of February, 1978, when he was contacted to conduct undercover vice by Sgt. McQueen, Tukwila Police. He told the exchange and amount of money that transpired. Tom Conom, attorney, called Molly Olson as a witness. She stated she worked at Lee's Sauna and had given a massage to Paul Smith, Police Officer. Mr. Conom said Ms. Olson was not charged with an unlawful act, but her massage license revocation was being considered. City Council Members asked questions. Exhibit 4 was entered, which is the affidavit signed by Molly Olson as an employee at KCW, Inc. and is a code of conduct. Exhibit 5 is affidavit signed by Ms. Fletcher Patterson and is the affidavit signed by employees at KCW, Inc. Sandra Vandenburg was called as a witness. She said she held a license at Sunset Lodge in Bellevue. She said she had given Police Officer Paul Smith a massage there and he had touched her body in a suggestive manner. Mayor Bauch asked the City Council if they would like to vote on the revocation of the license at this time, or wait until the end of the hearing. The City Council Members agreed they would vote at the end of the hearing. RECESS MOVED BY HILL, SECONDED BY JOHANSON, THAT THE CITY COUNCIL HEARING 8:35 8:40 P.M. RECESS FOR FIVE MINUTES. CARRIED. The Hearing was called back to order with Council Members present as prevously listed. Council President Van Dusen entered the meeting at 8:40 P.M. TUKWILA CITY COUNCIL LICENSE HEARING March 30, 1978 Page 2 Massage License of Sheri Turner RECESS 9:30 9:40 P.M. Mayor Bauch said the case of the revocation of the massage license of Sheri Turner would be considered next. She was represented by Attorneys Gene Alder and W. Burgeson. Donald Duke, Police Officer assigned to the Vice Detail, King County, testified he had gone to Lee's Sauna on March 1, 1978 about 8:00 p.m. He said Sheri Turner had given him a massage and he gave further details, stating he reported to Sgt. McQueen when he left Lee's Massage. Attorneys Alder and Burgeson stated they felt their client should not have the revocation of her license considered at this time, due to the fact that her trial had not been held and the evidence given at this time might affect the trial. Sheri Turner's Massage License was entered as Exhibit 6. Her application for License was Exhibit 7. Councilman Van Dusen left the meeting at 9:10 P.M. MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE COUNCIL RECESS TO CONSIDER THE MATTER OF DELAYING CONSIDERATION OF THE REVOCATION OF LICENSES OF THREE EMPLOYEES: TURNER, SHAY, AND DURKIN. CARRIED. The Hearing was called back to order with Council Members present as previously listed. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE COUNCIL CONTINUE AT A FUTURE DATE THE REVOCATION OF THE LICENSES OF TURNER, SHAY, AND DURKIN. CARRIED. Mayor Bauch said the revocation of the License of Lee's Sauna, applied for by Robert L. Durkin would be Exhibit 8. The license issued would be Exhibit 9, the license issued to Lee's Sauna Exhibit 10, and the Massage License issued by the State of Washington would be Exhibit 11. Colleen Weule, Deputy City Attorney, called Kenneth Terrile. His attorney, Mr. Maschetto, said he had advised his client to take the Fifth Amendment, which he did. Officer Phelan was sworn in and told of the situation he found when he entered Lee's Sauna on March 13, 1978 at 9:15 p.m. He said Sgt. McQueen was with him. He said Ms. Mary Durkin and Kathryn Shay were there. Council President Van Dusen entered the meeting at 10:00 p.m. The Council Members asked questions regarding the operations of a massage parlor. MOVED BY VAN DUSEN, SECONDED BY HILL, TO CONTINUE THE LICENSE REVOCATION HEARING OF MOLLY OLSON TO ANOTHER TIME. CARRIED. MOVED BY TRAYNOR, SECONDED BY HILL, THAT COUNCIL PRESIDENT VAN DUSEN BE EXCUSED FROM THE MEETING DUE TO AN EMERGENCY. CARRIED. Council President Van Dusen left the meeting at 10:30 P.M. Colleen Weule, Deputy City Attorney, called James P. Feta, undercover officer for King County Police. He was sworn in and told of the situation he found when he entered Lee's Sauna on March 2, 1978. The Council Members asked questions. RECESS MOVED BY HILL, SECONDED BY HARRIS, THAT THE MEETING RECESS FOR TEN 10:50 11:00 P.M. MINUTES. CARRIED. Kathryn Shay and Mary Durkin were called to the witness stand. Upon the advice of their attorney, Mr. Burgeson, they took the Fifth Ameend- ment. Mr. Robert Durkin, owner of Lee's Sauna, was sworn in. He said he had many businesses and was not able to keep close supervision, he had to rely on his employees. He said each employee signed an affidavit so she would be aware that her employment would be terminated if she were found guilty of misconduct. He said he felt his establish- ment had been the object of police harassment since he opened in Febru- ary. City Council members asked various questions about Mr. Durkin's policy in running the business. RECESS Mayor Bauch said the hearing would be recessed until 8:00 P.M. on 12:45 P.M. April 3, 1978 following the regular Council Meeting of that date. April 3, 1978 TUKWILA CITY COUNCIL 7:00 P.M. LICENSE HEARING CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE Continued Massage License Revocation Hearing KCW, Inc MINUTES m id c, City Hall Council Chambers Mayor Bauch called the continued Massage License Revocation Hearing to order at 8:25 P.M. BOHRER, HARRIS, HILL, JOHANSON, TRAYNOR, VAN DUSFN. Deputy City Attorney Larry Hard, City Clerk Maxine Anderson. Mayor Rauch stated this License Hearing was a continuation of the City Council concerning the possible revocation of Massage Operator's License and Masseuse Licenses. The meeting was started on March 30, 1978 and continued to this time as Attorney Burns wished to be heard. A Court Reporter, Diane Attleson, was present. A verbatim transcript of the proceedings may be ordered from her. Attorney Burns, attorney for KCW, Inc., said he had wanted to subpoena some police officers. Mayor Bauch said they could not have subpoena power. Deputy City Attorney Larry Hard said he had nothing further to add to the hearing at this time. Councilman Bohrer said there were a few questions he would like to ask Mr. Durkin, the owner of KCW, Inc. He said when the business was opened by Mr. Durkin, who was the manager? Mr. Durkin said Ms. Reyneau Fletcher- Patterson was the name they put on the application. He said Kathryn Shay was the one they wanted, but she had not come there to work yet. Councilman Rohrer asked what date she became manager. Mr. Durkin said he would have to check his records. Mr. Durkin said Ms. Fletcher- Patterson was terminated the night of her arrest she did not come back. Councilman Van Dusen said he would he abstaining from voting on the license revocation because he had not been present during the entire hearing on March 30, 1978. Councilman Van Dusen continued that he was only at the huilding about fifteen minutes at a time. During the License Committee Hearing there was a statement made if you had read the Tukwila Municipal Code. You said you had and you understood it. You understood that the code would be enforced. You answered you did. You said you had a sizable investment and did not want any problems. It seems if you knew we were going to enforce the code you would have been watching the girls very closely. Mr. Durkin said he had confidence in his employees. Councilman Traynor asked if Mr. Durkin has a set rule of conduct for the employees. Mr. Durkin said they had posted rules. Councilman Traynor said the information given to a masseuse by a customer was checked by calling another massage parlor. He asked if this is usual practice. Mr. Durkin said he did not know if that was the procedure or not. When the people are in the massage room they are talking to the customer. He said he was not aware of checking an individual as a rule. Mr. Durkin said King County requires the name and address of the customer as a record. He said in the particular case he could not relate why the masseuse called another massage parlor. He said it may have been because the undercover agents were grabby. Councilman Harris asked Mr. Durkin if he felt his responsibility re- garding rules ended when he posted the rules. If he was at the premises about 15 minutes at a time, how did he know the rules were being carried out. Mr. Durkin said if there is anything going on you usually hear it. The employees will generally tell if someone is carrying on so it will jeopardize their job. Councilman Johanson said Mr. Durkin has testified he hires his personnl on hearsay from other personnel and his policy is limited to personal appearances of about fifteen minutes while he checks the receipts. He said our ord- inance is specific in its intent. The Licensing Committee of this City met to consider the licensing and Mr. Durkin was told then that the City enforced this ordinance and expected it to he adhered to. It appears that Mr. Durkin's business management policy does not seem to fill the requirements of our ordinance. Attorney Burns said the Council was applying the wrong test. The test is not how Mr. Durkin runs his business, the test is whether or not KCW, Inc. has knowingly harbored and done all of the other things mentioned. He said the City has the evidence that Ms. Fletcher- Patterson has been found guilty of offering and accepting an act of prostitution.