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HomeMy WebLinkAbout1978-05-18 Massage License Revocation Hearing MinutesMay 18, 1978 7:00 P.M. ROLL CALL OF BOHRER, HILL, JOHANSON, SAUL, TRAYNOR, VAN DUSEN. COUNCIL MEMBERS RECESS: M I N U T E S 2 /yZ TUKWILA CITY COUNCIL City Hall LICENSE HEARING Council Chambers CALL TO ORDER Mayor Bauch called the Massage License Revocation Hearing to order at 7:03 P.M. These Minutes are a summary report of the Tukwila City Council License Revocation 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 two of the employees: Mary Durkin and Sheri K. Turner. The City was represented by Dan Woo as Deputy City Attorney. Jack R. Burns represented KCW, Inc. Mr Burns said he objected to the procedure being followed for this hearing in that no rules of evidence will be followed. He said he presumed Robert's Rules of Order would be followed and he objected to that. Deputy City Attorney Dan Woo stated Exhibit 1 was letter written to Mary Durkin advising her of the License Hearing; Exhibit 2 was letter written to Sheri Turner advising her of the License Hearing; Exhibit 3 was letter written to Mr. Robert Durkin, President of KCW, Inc. advising him of the License Hearing; Exhibit 4 was the Record of Court Proceedings finding Sheri Turner guilty of unlawful acts; Exhibit 5 was Record of Court Proceedings finding Sheri Turner guilty of unlawful acts; Exhibit 6 was Record of Court Proceedings finding Mary Durkin guilty of unlawful acts; Exhibit 7 was copy of Business Licenses issued to KCW, Inc. to operate a massage parlor, Mary Durkin to work as a masseuse operator, and Sheri K. Turner to work as a masseuse operator; Exhibit 8 was copy of Order and Writ of Review issued by Judge Warren Chan. Officer Donald A. Duke was sworn in. He stated he was with King County Vice Squad and on March 1 he had been working as an undercover agent. He said he went to Lee's Sauna, 14060 Interurban Avenue South, Tukwila and was given a massage by Sheri K. Turner during which time she offered further personal service which resulted in her conviction in Tukwila Municipal Court on charges of unlawful acts. Mr. Burgeson, attorney for KCW, Inc. asked Officer Duke who had initiated the request? Officer Duke said Ms. Turner had offered to "spice up the massage." Mr. Burgeson asked Officer Duke if he had ever observed any drinking, use of drugs, or boisterousness in the massage parlour? Officer Duke said he had observed none of this. Officer Duke reported the prices quoted by Ms. Turner for further personal services. Attorney Jack Burgeson, representing Sheri Turner and Mary Durkin, stated notices of appeal had been filed by both of his clients on the convictions in Tukwila Municipal Court. Officer William K. Tsao of the King County Vice Control Unit, was sworn in and stated he had gone to Lee's Sauna during businesss hours on May 2, 1978, and Ms. Sheri Turner had offered him further personal services during the course of a massage. She had quoted prices to him for these services. The Council members asked questions regarding the length of time each officer was in the massage parlor. Sheri Turner was not present at the hearing but Mary Durkin was. Officer Abbott of the Tukwila Police Department was sworn in and he stated he frequently checked the business licenses in Lee's Sauna. He stated he usually had to wait while the door was unlocked and then an employee would go ahead of him announcing he was making a police check. Mr. Burns stated the doors were kept locked because frequently all of the employees were giving massages and valuables were left in the front office. Officer Abbott said he frequently checked Lee's Sauna as well as other establishments, such as Riverside Inn, several times each evening upon the instructions of his supervisor. 8:45 8:55 P.M. Mayor Bauch called for a ten minute recess. The License Hearing was called back to order by Mayor Bauch with Council members present as Previously listed. TUKWILA CITY COUNCIL LICENSE HEARING May 18, 1978 Page 2 2y 2 Masseuse Licenses Sgt. Joe Mathews was sworn in. He stated he was supervisor of the swing shift, working from 3 p.m. to 12 midnight. He said he received his instructions from Lt. Phelan. He said they had instructions to check Lee's Sauna along with other establishments along Interurban Avenue South and at Southcenter frequently. Attorney Burns asked if there had been any drinking, noise, or drug use on the premises of Lee's Sauna? Sgt. Mathews said they had not found any of these when they were making checks. ADJOURNMENT Mr. Robert Durkin was sworn in. He said since April 13, 1978, he had elected a member of the staff to monitor the other employees. He said they are having difficulties because they have only three licensed masseuses there. Other employees he would like to use have not been able to get their licenses. He said he was also using the "snitch" method so employees could report to him. Deputy City Attorney Woo said it appeared that the same methods were being used now as they had used previous to the last license revocation hearing. Mr. Durkin said frequently all three masseuses would be occupied with clients and that would mean the manager would be busy too. Mr. Durkin said his investment was $50,000 to $65,000. City Clerk Maxine Anderson was sworn in. Mr. Burns asked about the delay in issuance of three licenses for massage operators. Mrs. Anderson said one applicant requested a masseuse license on April 17, 1978. The application was processed, but the Police Department was unable to contact any of her references. They contacted her and asked for other references. It was some time before the references were furnished, and then in a short time she called in and asked if it was too late to pull her license. Therefore, the processing of her license was halted and her money was returned. In the case of the second applicant, which was requested May 12, 1978, the references have not responded. Mrs. Anderson said there was no record of the third applicant mentioned by Mr. Durkin. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MASSAGE LICENSE OF SHERI KAY TURNER BE REVOKED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE MASSAGE LICENSE OF MARY DURKIN BE REVOKED. MOTION CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE MASSAGE LICENSE ISSUED TO KCW, INC. BE REVOKED. MOTION CARRIED. 11:07 P.M. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE LICENSE HEARING ADJOURN. MOTION CARRIED. Edgar D. uch, Mayor 1 140-ezi Norrila Booher, Recording Secretary