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1000 COAST HWY W
Y ACTIVITY PROCESSING ** 01/05/98 COMPLAINT No: CE980004 14:40 Type: COMPLAIN --- COMPLAINT INVESTIGATION -------------------------------------------------------------------------------- Status: PENDING Dates: Received: 122297 CityAction: Closed: To Expire: Problem: OPERATION OF MASSAGE ESTABLISH MENT OPERATING IN VIOLATION OF USE PERMI Address: 1000 Dir: W Street: COAST HWY Structure: Floor: Unit: Counc.Dist: 3 Prob. Code: # of Viol.: 1 No district keyword Additional: Comments T NO. 3449 Insp. Area: JS Taken By: JS -------------------------------------------------------------------------------- Project: 98000024 OPERATION OF MASSAGE ESTABLISH Entered: 01/05/98 By: PW Enter 1A COMPLAINT NOTES DATE: , , 2 TIME: TAKEN BY: COUNCIL DISTRICT AREA ADDRESS (OR LOCATION): CALLER'S PHONE CALLER'S NAME: ANONYMOUS: VISIBLE FROM PUBLIC WAY: YES NO TO BE ENTERED: - ENTERED: Account No:00022053 License No:97018619 Bus Start:05/01/95 Bus Cease: [ ] Printed? Business License Information 8:29:09 am Renewal Frequency:ANNUAL Assessment Basis:OTHER Fee Designation:02 Expiration Date:04/30/98 [ ] Bims Lead? [ ] Pending? [X] Business In City? [X] Address OK? [ ] Home Business? Business Name:SUNSHINE SPA Address:1000 COAST HWY W #E City:NEWPORT BEACH State:CA Zip:92660-0000 Phone:714/631-7950 Home Occ #: Mailing Name:SUNSHINE SPA Mailing Addr:1000 COAST HWY W #E City:NEWPORT BEACH State:CA Zip:92660-0000 BEAN: SEIN:0000000 FEIN:000000000 SIC:7231 BEAUTY SHOPS Business Type:'SOLE PROPRIETOR Rate Code: Business Descr: Occupied Sqft: Emps 1: 2: Units: Parcel Number: Corp. ID: State: Contr Lic No: CL Exp: / / Type: Workers Comp: Carrier: Policy Number: Exp: / / <Next> Owner Name:NGUYEN KIM <Prev> Title: <List> Address:348 HULLETT ST City:LONG BEACH Phone: / - DL No: <Next> Emergency Contact:KIM NGUYEN <Prev> Contact Order:PRIMARY <List> Address: City: Emergency Phone:310/428-3783 Secondary Phone: State:CA Zip:92660- SSN: - - State: Zip: Time: M - Time: M - < Next > < Prev > < First > < Last > <Browse > < Find > < Order > < Exit > < Notes > BL MAIN:5,970/23,464 Order: Business Name View: Entire File " Business License Information 8:29:37 am Account No:00004913 License No:97019748 Bus Start:06/01/92 Bus Cease: [ ] Printed? Renewal Frequency:ANNUAL Assessment Basis:OTHER Fee Designation:02 Expiration Date:05/31/98 [ ] Bims Lead? [ ] Pending? [X] Business In City? [X] Address OK? [ ] Home Business? Business Name:SUNSHINE SPA Address:1000 COAST HWY W #E City:NEWPORT BEACH State:CA Zip:92660-0000 Phone:714/631-7950 Home Occ #: Mailing Name:SUNSHINE SPA Mailing Addr:1000 COAST HWY W #E City:NEWPORT BEACH State:CA Zip:92660-0000 BEAN: SEIN:0000000 FEIN:000000000 SIC:7299 MISCELLANEOUS PERSONAL SERVICES Business Type:SOLE PROPRIETOR Rate Code: Business Descr: Occupied Sqft: Emps 1: 2: Units: Parcel Number: Corp. ID: State: Contr Lic No: CL Exp: / / Type: Workers Comp: Carrier: <Next> Owner Name:NGUYEN KIM Policy Number: Exp: / / <Prev> Title: <List> Address:348 HULLETT ST City:LONG BCH State:CA Zip:90805- Phone: / - DL No: SSN: - - <Next> Emergency Contact:KIM NGUYEN <Prev> Contact Order:PRIMARY <List> Address: City: State: Zip: - Emergency Phone:310/428-37 Time: M - Secondary Phone: / - Time: M - BL MAIN:6,270/23,464 Order: Business Name < Next > < Prev > < First > < Last > <Browse > < Find > < Order > < Exit > < Notes > M M View: Entire File COMMISSIONERS July 9, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Use Permit No 3449 (Public Hearinel Item No.4 Request to permit the continued operation of an existing UP3449 independent massage establishment on property located in the C-1- Approved_ H District. LOCATION: Parcel 1, Parcel Map 71-18 (Resubdivision No. 478) located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. \ ZONE: C-1-11 APPLICANT: Kim Nguyen, Newport Beach OWNER: Deeb Investments, Toluca Lake The public hearing was opened in connection with this item, and Mr. Donald Silverman, Anaheim, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. MotionAes * Motion was made and voted on to approve Use Permit No. 3449 * * subject to the findings and conditions in Exhibit "A". MOTION Absent CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. -13- COMMISSIONERS July 9, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 3. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. The Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3449 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDMONS• 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. -14- COMMISSIONERS V0010"Iftmt July 9, 1992 MINUTES W CITY OF NEWPORT BEACH ROLL CALL HJ I I INDEX 2. That the hours of operation shall be limited between the hours of 7:00 am. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation 6f any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. ... it Nn_ 345Q (Phblic Hearin Item No.5 Request to p 't the establishment of an automobile sales and :P UP3450 al facility on p erty located in the "Retail and Servicemercial" area of the 'net's Mile Specific Plan.Approved LOCATION: A portion of Lot act No. 919, located at 2000 West Coast Highwftyr..on the northerly side of West Coast Highway, oss from Ardell's Yacht Brokerage, in the er's Mile Specific Plan Area. -15- planning Commission Meeting July 9. 1992 Agenda Item No. 4 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department Request to permit the continued operation of an existing independent massage establishment located on property located in the C-1-H District. LOCATION: Parcel No. 1 of Parcel Map 71-18 (Resubdivision No. 478), located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the easterly end of the Balboa Bay Club. ZONE: C-1-H APPLICANT: Kim Nguyen, Newport Beach OWNER: Deeb Investments, Inc., Toluca Lake A_pnlication This application involves a request to permit the continued operation of an existing independent massage establishment located on property in the C-1-H District. In accordance with Section 20.68.025 of the Municipal Code, independent massage establishments are permitted in the C-1-H District within the City, subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental 119nificance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class I (Existing Facilities). TO: Planning Commission - 2 Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" land use, The proposed use is allowed under this designation. The Land Use Element has also established area specific land use policies throughout the City. These "area" policies set a site -by -site floor area ratio (FAR.) development limit of 0.5/0.75. Given that the application is for a use within an existing building with no additional square footage, the proposal is consistent with the requirements of the Land Use Element of the General Plan policies and guidelines. Subject ProMM and Surrounding unding Land Uses The subject property is currently developed with two commercial buildings, one of which is partially occupied (a florist, a karate studio, office space and a womeds athletic center) and the other occupied by an automobile repair facility. To the north of the subject property, on top of a bluff, are single family dwellings; to the east are retail uses; to the south, across West Coast Highway, is the Balboa Bay Club; and to the west is the Marrakesh Restaurant facility. Backgrpund On December 5, 1974, the Planning Commission conditionally approved Use Permit No. 1741, which was a request to permit a wine tasting room in conjunction with a proposed retail store, and to allow wholesale storage on the site, (This use permit has become void, inasmuch as the uses no longer exist on the property). At the same meeting, the Commission also approved Resubdivision No. 478, which was a request to establish one building site and eliminate interior lot lines where five lots existed so as to permit the remodeling of the existing commercial buildings on the property. The parcel map was subsequently recorded on August 4, 1975. At its meeting of September 4, 1975, the Planning Commission approved Use Permit No. 1764, which was a request to establish a restaurant with on -sale alcoholic beverages, live entertainment and dancing on the site immediately west of the subject property (1100 West Coast Highway). The proposal also included a request to allow a portion of the required off-street parking spaces to be provided at an off -site location. The City Council approved an off -site parking agreement between the City, the Marrakesh Restaurant, and the owners of the subject property at its meeting of June 14, 1976. This agreement allows the Marrakesh Restaurant to use five parking spaces on the subject property after 5:00 pm. On July 9,1987, the Planning Commission approved Use Permit No. 3283 which permitted the establishment of a self-defense demonstration studio in conjunction with a retail sales facility specializing in the sale of self-defense training equipment, uniforms, instructional material and books on the subject property. In conjunction with the approval of Use Permit TO: Planning Commission - 3 No. 3283, the Planning Commission required that five spaces be provided for the facility. The facility originally occupied a 778 square foot tenant space; however, upon inspection of the subject property staff observed that the facility has been expanded without benefit of an amendment to the existing use permit. The matter has been referred to the Code Enforcement Division. On January 18, 1990, the Planning Commission approved Use Permit No. 3373 a request to permit the establishment of an automobile repair facility on the subject property which provides full automotive care. On March 25, 1992, the City's Massage Establishment Ordinance went into effect. Said Ordinance instituted provisions within Title 20 of the Municipal Code (Zoning Code) for the establishment of massage facilities within the City of Newport Beach. Said provisions are set forth in Chapter 20.68 of the Municipal Code and summarized below: Massage establishments which are operated as an ancillary use in conjunction with an approved health club, athletic club, gym, or hotel which is or will be operated pursuant to an approved use permit; or in conjunction with a medical office or chiropractic office which is regulated by State law, shall be permitted in any District where the primary use is permitted. All other massage facilities are considered as independent massage establishments and are subject to the following: 1. Independent massage establishments shall be permitted in the GO, C-1, C-2 and M-1-A Districts, commercial areas of P-C Districts and commercial areas of the SP4 (Newport Shores Specific Plan) and SP-5 (Mariner's Mile Specific Plan) Districts, subject to the securing of a use permit in each case. 2. Independent massage establishments shall not be permitted within 500 feet of any public or private school, park or playground, civic cultural site or church site; or within 500 feet of any other massage establishment unless otherwise waived by the Planning Commission. 3. Existing independent massage establishments which are not in compliance with the provisions of this Ordinance shall, within one year after the effective date of the Ordinance, terminate all aspects of such business not in compliance with these provisions, unless said use is otherwise extended by the Planning Commission for one additional year. TO: Planning Commission - 4 AUalylis The applicant currently operates an independent massage facility on the subject property located at 1000 West Coast Highway and the subject application has been filed in order to come into compliance with the City's Massage Establishments Ordinance. The massage facility contains approximately 780 square feet of floor area and the hours of operation of the facility are from 10:00 a.m. to 10:00 p.m., seven days a week. There are two massage technicians that currently work at the facility. As indicated on the attached Location Map, the subject business is not located within 500 feet of any public or private school, park or playground, civic cultural site or church site and otherwise conforms to the location requirements as required. The facility is located within 500 feet of the Balboa Bay Club Facility which has a massage use ancillary to the club facilities; however, the subject facility is not located within 500 feet of an "independent" massage facility. The subject facility has operated at the present location for approximately four years and the applicant has a significant financial Investment within the facility. Inasmuch as the neighboring facility is not an independent massage facility a waiver of location is not required. Title 5 Compliance In addition to the Title 20 requirements mentioned above, Title 5 of the Municipal Code (Business Licenses and Regulations) also includes provisions for the review and approval of operator permits, massage technician permits, and requirements for operation of massage establishments. On March 23, 1992, the City Council adopted revisions to Chapter 5.50, Massage Establishments of the Municipal Code. The amended Code became effective on April 22,1992. Based on its review of the subject application, the Business license Office has determined that the applicant's facility is in conformance with applicable provisions of Title 5 of the Municipal Code. The Police Department has also indicated that the applicant has not been cited for any violations. There are 41 parking spaces provided on -site. In accordance with Section 20.30.035 B of the Municipal Code, which requires that one parking space be provided for each 250 sq.ft. of general commercial space, a retail or office use occupying the 780 sq.ft. tenant space would generate a requirement for 3 parking spaces (780± sq.ft.: 250 sq.ft. = 3.12 or 3 parking spaces). Staff is of the opinion that the parking required for the massage establishment is comparable to that required for a general retail use and that available on - site parking is more than adequate to serve all the approved on -site uses. TO: Planning Commission - 5 Specific Findines Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall .find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application, appropriate findings and conditions are set forth in the attached Exhibit "A". However, if the Planning Commission desires to deny this application, the findings set forth in the attached Exhibit 7' are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Jakier S. Garci Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Location Map Site Plan and Floor Plan F.\...\UP\MASSAGE\UP3449SR TO; Planning Commission - 6 EXHIBIT W FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3449 �Ihlr 1 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. 3. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. The Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3449 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. TO: Planning Commission - 7 CONDMONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code: 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. TO: Planning Commission - 8 EXHIBrr "B" FINDINGS FOR DENIAL OF USE PRRNIIT NO.3449 1. 'That the continued operation of the existing massage establishment will enlarge or encourage the development of an urban blight area. 2. That the continued operation of the existing massage establishment will be contrary to any program of neighborhood conservation and it will interfere with efforts to promote continued urban renewal. 3. The approval of Use Permit No. 3449 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. VICINITY_.MAP•- Ism ♦rrrLr Lj/M NwA[L /N1NN /ILNLMIA/✓ IrMK Lalfr p,l s JFX hN 6 O's4 axr wn r.arlNnlxmva lYwrw w•nelupAu) t•n•n OIrINM1/rYwM1 Sm-YW MIIWIMIAIIFIV 4L 1•If-11 WI. M•I MITt tOp /ANTI MLrl/ill /Ay AJ nI l•N•IR Waltl)II W. r.la.Ia I.\ Ib1I IIII.i I1141N IINt\IIO la YIa R r r.41;e /X6 l Aa d F-l"�'l i L o - DISTRICTING MAP NEW PORT BEACH — CALIFORNIA R—A AORICULTIMAI RL l""11AL, R' 1 RESTD pAyfE FAMILY RESIDENTIAL Il-1 SU16U fAMR•T RLpp[NML GPI UWi COMMERCIAL RAC DUPLEX REOMTIA C-2 GENERAL EOMMERG0. USE PERMIT NO, 3449 i �M ... I'lz K ®� .z Gf/ m n A1411Y 1494,WN O ��LA� � Uh',�1Gl�i/•� Zoe 4�r Q 1 �,LOOR PL SCALD: 1/4" = I 0" O a V - • 30xh'6 S ter' I IVA LL UNMOVa /dLE )� LrBBY LEGE/YD FX/,^I•� R�"CfPT,Ii CL�J� O� M � S S�'�ovM ........ _ MAr reA NfA T (f. /s's J',-t /GAP 8064P)Q DEf� /U /ODO !y �,OC/F/C COAT H"yK JUrie'E IMIP10OR7 5e,4c- l CW 92660 f'NONE 17/4,,; ' h C,6MM-ISSIONERS July 9, 1992 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Use Permit No 3449.(Public Hearing) Item No.4 Request to permit the continued operation of an existing UP3449 independent massage establishment on property located in the C-1- Approved H District. LOCATION: Parcel 1, Parcel Map 71-18 (Resubdivision No. 478) located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. \ ZONE: C-1-H APPLICANT: Kim Nguyen, Newport Beach OWNER: Deeb Investments, Toluca Lake The public hearing was opened in connection with this item, and Mr. Donald Silverman, Anaheim, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. MotionAyes * Motion was made and voted on to approve Use Permit No. 3449 Absent * * * * * * subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. -13- COMMISSIONERS July 9, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 3. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. The Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3449 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. -14- COMMISSIONERS 0 July 9, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the hours of operation shall be limited between the hours of 7:00 am. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. .,* i No. 3450 (Public Hearin Item No.5 Request top t the establishment of an automobile sales and rr UP3450 facility on perty located in the "Retail and Service ercial" area of the 'ner's Mile Specific Plan. Approved LOCATION: A portion of Lot act No. 919, located at 2000 West Coast Highw on the northerly side of West Coast Highway, oss from Ardell's Yacht Brokerage, in the er's Mile Specific Plan Area. -15- planning Commission Meeting July 9. 1992 Agenda Item No. 4 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT; Use Permit No 3449 (M19 Hearin Request to permit the continued operation of an existing independent massage establishment located on property located in the C-1-11 District. LOCATION: Parcel No. i of Parcel Map 71-18 (Resubdivision No. 478), located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the easterly end of the Balboa Bay Club. ZONE: C-1-H APPLICANT: Kim Nguyen, Newport Beach OWNER: Deeb Investments, Inc., Toluca Lake Aoolication This application involves a request to permit the continued operation of an existing independent massage establishment located on property in the C-1-H District. In accordance with Section 20.68.025 of the Municipal Code, independent massage establishments are permitted in the C-1-H District within the City, subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1(Existing Facilities). TO: Planning Commission - 2 Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" land use. The proposed use is allowed under this designation. The Land Use Element has also established area specific land use policies throughout the City. These "area" policies set a site-bysite floor area ratio (FAR.) development limit of 0.5/0.75. Given that the application is for a use within an existing building with no additional square footage, the proposal is consistent with the requirements of the Land Use Element of the General Plan policies and guidelines. eject PropcW and Surrounding, Land Uses The subject property is currently developed with two commercial buildings, one of which is partially occupied (a florist, a karate studio, office -space and a womeds athletic center) and the other occupied by an automobile repair facility. To the north of the subject property, on top of a bluff, are single family dwellings; to the east are retail uses; to the south, across West Coast Highway, is the Balboa Bay Club; and to the west is the Marrakesh Restaurant facility. Background On December 5, 1974, the Planning Commission conditionally approved Use Permit No. 1741, which was a request to permit a wine tasting room in conjunction with a proposed retail store, and to allow wholesale storage on the site. (This use permit has become void, inasmuch as the uses no longer exist on the property). At the same meeting, the Commission also approved Resubdivision No. 478, which was a request to establish one building site and eliminate interior lot lines where five lots existed so as to permit the remodeling of the existing commercial buildings on the property. The parcel map was subsequently recorded on August 4,1975. At its meeting of September 4,1975, the Planning Commission approved Use Permit No. 1764, which was a request to establish a restaurant with on -sale alcoholic beverages, live entertainment and dancing on the site immediately west of the subject property (1100 West Coast Highway). The proposal also included a request to allow a portion of the required off-street parking spaces to be provided at an off -site location. The City Council approved an off -site parking agreement between the City, the Marrakesh Restaurant, and the owners of the subject property at its meeting of June 14, 1976. This agreement allows the Marrakesh Restaurant to use five parking spaces on the subject property after 5:00 p.m. On July 9,1987, the Planning Commission approved Use Permit No. 3283 which permitted the establishment of a self-defense demonstration studio in conjunction with a retail sales facility specializing in the sale of self-defense training equipment, uniforms, instructional material and books on the subject property. In conjunction with the approval of Use Permit V TO: Planning Commission - 3 No. 3283, the Planning Commission required that five spaces be provided for the facility. The facility originally occupied a 778 square foot tenant space; however, upon inspection of the subject property staff observed that the facility has been expanded without benefit of an amendment to the existing use permit. The matter has been referred to the Code Enforcement Division. On January 18, 1990, the Planning Commission approved Use Permit No. 3373 a request to permit the establishment of an automobile repair facility on the subject property which provides full automotive care. On March 25, 1992, the City's Massage Establishment Ordinance went into effect. Said Ordinance instituted provisions within Title 20 of the Municipal Code (Zoning Code) for the establishment of massage facilities within the City of Newport Beach. Said provisions are set forth in Chapter 20.68 of the Municipal Code and summarized below: Massage establishments which are operated as an ancillary use in conjunction with an approved health club, athletic club, gym, or hotel which is or will be operated pursuant to an approved use permit; or in conjunction with a medical office or chiropractic office which is regulated by State law, shall be permitted in any District where the primary use is permitted. All other massage facilities are considered as independent massage establishments and are subject to the following: 1. Independent massage establishments shall be permitted in the C-O, C-1, C-2 and M-1-A Districts, commercial areas of P-C Districts and commercial areas of the SP4 (Newport Shores Specific Plan) and SP-5 (Mariner's Mile Specific Plan) Districts, subject to the securing of a use permit in each case. 2. Independent massage establishments shall not be permitted within 500 feet of any public or private school, park or playground, civic cultural site or church site; or within 500 feet of any other massage establishment unless otherwise waived by the Planning Commission. 3. Existing independent massage establishments which are not in compliance with the provisions of this Ordinance shall, within one year after the effective date of the Ordinance, terminate all aspects of such business not in compliance with these provisions, unless said use is otherwise extended by the Planning Commission for one additional year. TO: Planning Commission - 4 The applicant currently operates an independent massage facility on the subject property located at 1000 West Coast Highway and the subject application has been filed in order to come into compliance with the City's Massage Establishments Ordinance. The massage facility contains approximately 780 square feet of floor area and the hours of operation of the facility are from 10:00 a.m, to 10:00 p.m., seven days a week. There are two massage technicians that currently work at the facility. As indicated on the attached Location Map, the subject business is not located within 500 feet of any public or private school, park or playground, civic cultural site or church site and otherwise conforms to the location requirements as required. The facility is located within 500 feet of the Balboa Bay Club Facility which has a massage use ancillary to the club facilities; however, the subject facility is not located within 500 feet of an "independent" massage facility. The subject facility has operated at the present location for approximately four years and the applicant has a significant financial investment within the facility. Inasmuch as the neighboring facility is not an independent massage facility a waiver of location is not required. Title 5 Compliance In addition to the Title 20 requirements mentioned above, Title 5 of the Municipal Code (Business Licenses and Regulations) also includes provisions for the review and approval of operator permits, massage technician permits, and requirements for operation of massage establishments. On March 23, 1992, the City Council adopted revisions to Chapter 5.50, Massage Establishments of the Municipal Code. The amended Code became effective on April 22, 1992. Based on its review of the subject application, the Business license Office has determined that the applicant's facility is in conformance with applicable provisions of Title 5 of the Municipal Code. The Police Department has also indicated that the applicant has not been cited for any violations. Off -Street Parking Requirement There are 41 parking spaces provided on -site. In accordance with Section 20.30.035 B of the Municipal Code, which requires that one parking space be provided for each 250 sgft, of general commercial space, a retail or office use occupying the 780 sq.ft. tenant space would generate a requirement for 3 parking spaces (780± sq.ft, z 250 sq.ft. = 3.12 or 3 parking spaces). Staff is of the opinion that the parking required for the massage establishment is comparable to that required for a general retailuse and that available on - site parking is more than adequate to serve all the approved on -site uses. TO: Planning Commission - 5 Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application, appropriate findings and conditions are set forth in the attached Exhibit "A". However, if the Planning Commission desires to deny this application, the findings set forth in the attached Exhibit"B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director JaPier S. Garci Senior Planner Attachments: Exhibit "Al' Exhibit "B" Vicinity Map Location Map Site Plan and Floor Plan F.\...\UP\MASSAGE\UM9.SR TO: Planning Commission - 6 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3449 FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. 3. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. The Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3449 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. TO: Planning Commission - 7 CONDMONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. TO: Planning Commission - 8 EXHIBrrs" FINDINGS FOR DENIAL OF USE PERMIT NO.3449 1, That the continued operation of the existing massage establishment will enlarge or encourage the development of an urban blight area. 2. That the continued operation of the existing massage establishment will be contrary to any program of neighborhood conservation and it will interfere with efforts to promote continued urban renewal. 3. The approval of Use Permit No. 3449 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4 y VICINITY_ MAP cl� P�2 i J:1116 f � Goff \�4 �o � ¢oR e ss Tsv,�r PG' ss[ f H, «I a/J It HNu/IMMN!(IIM. / .^I •P .MI TN A{IIIN•r /nt!/IN'•NMI Y•a-1 ,I N.I f// h/frM�JrMmvt• Isur MAI �� L «A..IIn u.�YM lur`�IM.1�m. ����I�{Y� ri..W.� r•«.n M'I I.Ihrl .1.+m .1 ..�.WIYI .Y IM1 I.W } MAP n;l m^�yyj Hlli N N�wl li)A Qt/ r�+-„ DISTRICTING N E W P O R T BEACH — CALIFORNIA nwvm+ls aA M•t «.IMII u"`,/'• Ntat lo»IAMJ�JJaOIJII /.u+IMA rAttN«rJ. IIIWt IIIfIIIt I.I+f.l1Y H WII J•H•H a.la•JJ _ • •ORgUL111R•L RE310CNT•L RCypCI11Nl R-] RE310 NULTNI.[/WN.T RESIOENTNL C—i LIONT GONN[RGI•L 5111GLC E•�T R—[ OURL[t.__RE30OIl ,.. C—J GENERAL CONMERGAL „_� u.uunnnrlw USE PERMIT NO, 3 :1 �% TO JI M 3� � J62-j DATE )7 1 h/W 0 Accounts Payable Administrative Services Building City Attorney ED City Clerk 0 City Manager City Manager (Assistant) 0 Community Services 0 Fire & Marine General Services 0 Human Resources Mayor M.I.S. Planning Police Public Works/Engineering Public Works/Utilities Revenue FROM DEPT. ❑ACTION ❑ASREQUESTED FIREVIEW ❑INFORMATION ❑COMMENT ❑FILE ❑SIGNATURE ❑RETURN REMARKS Wymer Kim To: Sinasek, Jim Subject: Sunshine Spa Jim, Enclosed are the crime reports for Sunshine Spa. Per Sgt. McDermott you wanted to review these as per your conversation with him. If I can be of any further help please do not hesitate to call. Kimbei Vice/N .: NEWY ' iT BEAD Olar er DEP iMENT - O ZHI�PHOMC O HRID+B�10 .- --- - • DR o � ®vrtl 5.50.030 NBMC Providing Massage Without Tech Permit 18 V t.ast Name, Fiat. Middle (firm Nam If Business) Sec Ddc Age DOB' I City of Ne rt Beach O M O F Residence Addteu (include tip Code) Rer.'Phone T Ti Business Address (include Zip Code) Bus. Phone ' Victlm's Occupation Vicim's Condition RD tme to Ci 25 JDM SR2/961445� Of on occurrence jusy y yr ,me Mddylyr y Time 1000 West Coast Hwy. #E- in �°� Nara Fam 3.1 (Rev. M93) F;j No. tppe of Inv on DR 2 of Z Massage Ordinance Violations q tr-: ©!$5 i J Fj. (n W aWWo.el ,ktYq WWeM prerar. p) W aaimhow W p opail• O) aanrw ate ana,see: an•Mde A di r K IY edge. (4) D@ftg MY Woft p,We. wa Ianior !aM rd y �Moa. Olre dipaYioa !jM I Quo. ( A:etcle Brand Model SCFW No. ouaidiona Caliber. P�c!,M Dona Valve Sgt Long, orking in an un rover pacity. enkered the "Sunshine Spar massage establishmen located at I000 West Coast wy. #E in Ne Beac . Upon *try, SgL Long jcvas met by Suspect Nguyen w o told him that r massage wood cost $40.00 Sgt. Lon paid N en the $40.00 m recorded City funds. Nguye then directed Sgt. Ling t fill out a "State ent of H th" which he did was no massage technic permit posted as is required. At this time, guyen Sgt. ng if he would ' to take a shower. Long lined then Nguyen walked him back tc a massage treatment m. Whenlinsid the massage m, Nguy n asked S Long to dhsrope, gave him a towel, then left room for 5 minutes. When Nugyen re tried, she ave Sgt. Long a full- massage, touching the legs, ' r thighs, entire back and chest areas. Nguy n was not pearing a ��and massage 0 clinician identification tag as is t uired. When the massagelended, Sgt. Lo g gave N yen a $1U.00 "tip" in Ci recorded funds. It was determined that Suspec' Nguyen w licensed only a massag establishment operator d was not properly licensed to administer a full -body massage in the Ci of Newp�it Beach is is -squired At this time; Suspect Nguye was in violation of (Section 5.50. NBMC, which states: 'The operator shall ens tre the (sage technician permit for each on -duty massage tochnicia 3 is displayed in alconsprcuously public lace and drat each it technicia i is wearing the identification rt quired by Section 5.50.040B3." i Suspect Nguyen was also' violation f Section .50.030 NBM , which states: "No person shall perfo or admi i ister a mIssage, or adve to provide massage services the City of Newport Beach, unless such pens 'n has in effect a valid mas a technician permit issued p uant to Section's 5.50.035 and .50.040 f this Chapter." , Based,on the above informs_ 'on, this creme report was completed d an investigation will contint a at the "Sunshine Spa". CASE CLEARED OTHER. I H BEACH POLIO ti I NEWPOHT E DEPARTMENRECLASSIFY T',} 4DATEOFUGFFr' M Massage Ord. Viol FOLLOW-UP REPORT rtPL 5-22-96 96-51 i8 MASTER CASE VICTIM --- DATE ' FOLLOW-UP 1 City Of Newport Beach 7-�96' NUMBER MASTER ❑Total Recovery ❑Partial Recovery VALUE RECr1e8 pETORT ❑ � rorALrAwc TOTAL IIPID LOBS PROPERTY MASTER CASE STATUS (CMdconebox) Q ARR 3o JUVEESrCIEARANCE LD Q e1 NEINABEI'MITI' iOPOLE7ER T Q 1 CASE ASSIGNED FOR INVESTIGATIONQ 31 JWEARRESTMON-0ETECTAR: Q e2 HELD INASEYRLDN•PROP9IIY LELT@I Q B BIYES710ATgN CONi'D Q 60 EXCEPTIONALLY CLEARED Q e3 HELD BI ABEY1Fi1.WARMNT155{�D Q e CASE RE -ACTIVATED Q e0 CASE ASBKiNF.ONFO O LLOWUP REOD Q SL JUVE CLEARIARRESTOTHER AGENCY Q 70 ADULTAWLESTCLEARANCE Q e1 CLEAHFJ)OTNER Q e7 AOULTCLEAR/ARIESI'0rL19LAOENCY Q W i/ ALTARRESfMOWDEfECTNE Q 70 UNFOUNDED Q N ADULTCLEARMM&l BOWARRAISE0 Q 14 ADULT ARRESTACIIE ISSUED Q e0 HEIR BJ ABEYANCE Q N ADULTCLEAReM1EM PROPERTY DISPOSITION: ❑RELEASE Q DISPOSE Q HOLD UNTIL SUSPECT(S): LAST NAME FIRST NBORJNO. SIX DESC. AGE HOT. WGT. HAIR EYES JUVE.DISPO. Nguyen, Kim Lien Cite#J021250 Chg: 5.50.030 NBMC (1) LIST RELATED REPORTS BY CASE NUMBER, TYPE CRIME, VICTIMS NAME, AND CASE STATUS USING CASE STATUS NUMBERS. (2) DESCRIBE ANY CHANGE IN PROPERTY OR VALUE. (3) DESCRIBE ANY ADDITIONAL PROPERTY LOSS. (4) IDENTIFY PARTIAL RECOVERIES. 5 BRIEFLY SUMMARIZE THE ORIGINAL INCIDENT. (8) EXPLAIN INVESTIGATION PROGRESS AND CASE STATUS. RECLASSIFY RELATED CASES. This case involves the above Deft., a massage parlor operator, giving a full body massage to an undercover police officer (Sgt. Long) without a valid massage tech license. (See crime report). 7-3-96 1340 I responded to the "Sunshine Spa" and contacted the Deft. She was the only person afthe location and it was opened for business. 1 asked the Deft. if she had a valid massage tech license. She said that she had not had one for several months. I asked her why she was operating if she did not have a license. She said she had a State of California issued "Cosmetologist License" that allowed her to give head and foot massages only. •. I advised Deft. that I had an open case involving her giving a full body massage to a customer on 5-22-96. Deft. insisted that she has never given a full massage without a license, stating she would "strike dead" anyone that said she had. •' I issued the Deft. cite# J021250, charging her with 5.50.030 NBMC (No Massage tech License) and 5.50.040 (B)(3) NBMC (No ID Tag) for the violations listed imthe original crime report. CASE STATUS: CLEARED /CITE ISSUED. DATE/TIME CLERK SUPERVISOR APPROVI G I.D. OFFICER I.D. REPRODUCED /.) NUMBER R TING 5 NUMBER McDermott 539 FOLLOW-UP REPORT LJswe=u.eora '«.r eer IWY. 440. is Z oasosraas Ats oouln banau�n+��eeiweo. - ACH YOU r� 'r�s'~'"iir ossisawnmi noam�trsr . rsoiwaeaouar ts.na nl NI wM11. snnsanaM awes N I..► AoencoNocooumnw.npwo.wnwnco"Q" fw". N owrt`uam:re ® iwart ,nnrw.rt,w ews+,�r CITATIpI+iin�=Du NAME 1 /t•1 �� �� ��!'+�-'�•-� CITY1a2a6 STATE_ ZIP LICENSE No.11�1?,r�sk cTATE The citation faauad to you we incorrect as Indicated by the Ites(s) checked below. This notice does not affect, the validity of the citation. You are to take an of the brfliftu'oitation in -the mL W1 it, lated.m Your OR, -_ ❑ Dataftiw issued should ba ❑ violation section should.be �AddItionst violation V,Smoko W Y%J—J6` Na i a 7,A-A, ❑ Deletion QOthar fneeeuraey . Correct court dote -and/or ties of appasrsna tsL21jday of, 19� , as. OfficertDT�?� Date f requestino IISupervisor �1 approvi i%� 1ga Date Clerk sailing tDI Date NBPD Fong 4.18 (Rev. 1048) NEWPORT BEACH POLICE DEPARTMENT ❑ TELEPHONIC ❑ BRtEFtt•IC Preummry aInymIlgaoon ol: °o CPI ®v Massage Ordinance Violation 95 14921 V Last Name, First, Middle (firm Name If Business) Sex Desc Age DOB I City of Newport Beach O M OF C Residence Address (include Zip Code) Res. Phone ( ) MBusiness Address (include Zip Code) Bus. Phone 3300 Newport Blvd., Newport Beach, CA. 92663 ( ) Victim's Occupation Victim's Condition RD Date & Time Reported to PD Incorporated City Normal 26 09-22-95 / 1415 L.ocatlon Of Occurrence Occurred Mo/dy/yr Day Time Moldylyr Day Time 1000 W. Coast Hwy. #E, N.B. On 09-20 95 Wed 1330 09-22-95 Fri 1 1415 Connected Reports -type & Dr _ Stolenllost Recovered Est. Dam. Arson Or Citation #NBJ010759 $ $ It vandalism Notifications -Persons & Division Victim Advised Of Confidentiality Provisions Per 293 Pc? O Yes O No Inv. Lowe V& Victim Desires Confidentiality? O Yes Q No Domestic Violence Related? O Yes Q No ' Gang Related? O Yes Q No - Hate Crime? O Yes Q No Weapon Involved? O Yes Q No Weapon Involved? Oyes 'Q No Weapon involved? -- 0 yes Q No Sex Desc Age Ht. Wt. Hair Eyes Name If Known -Booking No. & Charge If Arrested (list Additional Suspects In Narrative) $ O F Asian 40 5-0 120 BI K BRN NGUYEN, IQM LIEN [5.50.050B(8) NBMC] U DOB Res. Phone us. Phone S 09-06-55 jAddess 348 Hullett Street Lon Beach Ca. 90805 310 428-3783 714 631-7950 Personal Oddities (Unusual Features, Scars, Tattoos, Weapon (e y olne vn ate on, Etc.) Knife OrGun, Describe: F. Fte..I C T Clothing - Additional Descriptors Additional Suspects? El Yes ❑ No Uc. No. state Yes Make Model Type o)or(s) S Veh. U 9 I v Inside Color(s) Modifications Damage -additional Desc. 6 H vnv o,mn. n c,• - .eim X-ReeeTIM rM.. nneat iaovenn emnn Xpamn,a mm- CODE Name Residence Address (include ZIP Code) Res. Phone W1 Det. S. Shulman Age DOB Business Address (Include ZIP Code) Business Phone N.B.P.D. CODE Name Residence Address (include ZIP Code) Res. Phone Age DOB usiness Address (Include ZIP Code) ' "" usiness Phone-- Viet. a m. o. state Year Make a YPe Cole(a) MA • SPECIFIC OR UNUSUAL ACTIONS THAT MAY ]END TD IDEMIPY mus SUSP. (Use nevem aloe ror waldotul narrative.) This case involves a massage establishment not keeping proper records and not having records open to inspection, as required by the Newport Beach Municipal Code. •• •- - •-• Refer to Det. Follow -Up for further details. Cite #NBJ010759 issued to Suspect Nguyen. Supervisor Approving L// Investigating I.D. No. Signature of Reporting Person O uCei(S) i #1897 D a: Ttm R rodoeeA G,�00 NBPD Fmm 3. (Rev..-w) r . » q = / l Y 9r0 :0 _ p .. Q -. CL .CL O A 2 ~ r� G W m ti+, 9 0 i1 7 n '1 �O S C ^ C � i W o „ ") XIM CA C W m t W ` 0 0 CD o Ili I C I c, tr I i Treatment Circulation He Occupation Verify I.D. • COMMENTS: Time Credits ------------------------------ ------------------------------- ------------------------------- Time Credits ------------------------------ ------------------------------ COURT COPY NBJ NOTICE TO APPEAR At 7 3 910-11Y3 STAIN C,4, 14 9 D6 .SS' t/O w. a F YW1oFVSK Yrwr— ) . v. 9C16. 210e) flaRi V"N on�_ UawaASAeavc ❑HAL (vo. 353) U MWAmAOM I+iL7❑ S.SD. o/SB l trj A/fffAE .µM,Rly ❑� bifq S� )CNr�/E-�f C _Xd .9W i�+Y,Ors+G. 130 Ratr,>Soft Aarr.R.00 ismanm wow• Mnww.IFMJ.Wc nlwoYY,ww. u,MvnsTlrigA.r.t,�SIX FWVEW ® ..want wnrtnwn mnswe .NENPORT BEACH POLICE DEPARTMENT NOTICE OF CORRECTION CITATION NO. AIBT 0/0',•S9 DATE ISSUED 4 ,?.Z1 .r NAME- K Ili L / EA/ A16 UYEW ADDR/•kf;e t arr Si. CITY 4eiAIG E15:'A4-0 STATE_ZIP '?090-5- LICENSE NO. N 7Z.3c10.S�/3 STATE C dL- 'The citation issued to you was incorrect as indicated by the item(s) checked below. This notice does not affect the _..-validity-of the citation. You are to take are of the original citation in the manner indicated on your copy. ❑ Date/time issued should be 1Z violation section should be S. TO-dk5V Bet ) NBM r✓ ❑ Additional violation ❑ Deletion �J other inaccuracyµLD .. Q . 9I= 9S- / / Y 9.. ❑ Correct court date and/or time of appearance fs day of , 19 , at m. officer requestingT. •Lu 10#M?Date 9- Z,?-9.S Supervisor Clerk IDN •Pate . �'` - :, •..up�;:�J;��:•:•:.p mailing IDK Date ' NBPD Form 4.18 (Rev. 10-88) {' w'q r.•:+:}.• .lc:'•' bd•. :ir..•_4t'.-r. ,,.3n••t•._.,,�. r�;i. �' ..�..?�•�'�3;� , ', '"-J.•.• �Y._.`^:..J-ti.:_�x•..w.. :_. .i•:wa'i�'v1✓aY.SJ.`r'-y.:ru-.__..�._._ ��•:» _ ,! HEWPOMEEACH COURT COPY NB J 0 i 0259 •':: POLICE DEP,y)TEMEM ;.:`..•I,�'q-=;.-: ::. _ NOTICE TO APPEARy =� ,.: 7 _ DME PAY OF IYUM A16uya:lv ..i •S •,,S"j ...1::.;�,-cal• > �.Fa Y)_•ai .t;^ :. �i:• •vc4 Y•" BEBDENCEADDBEW �%/�• �f. "`•Jv.'•• r'4; ��[�.-iv,Y.1i::'T''�l:jf.`°�xl",�,a,_:K''.;a'�-"i\•"`'•t•`•'.`•."�i:.l �53 A%g /'r�lLLETy i/ • .`�?�?_'3a1,�`�,,���. .�;: .;.�:�.,x...r` 'fit: ;•< °^:' "',t f�cH 9d o.� s'`'-r;;,�••�:. No. STATEAf Q 9 [/6 SJ �� �: fir•.:: *:" 1: • ' :.,,', � '• ,�: �" - -,: BEX �/ RACE i:: � S l,,:r%%_ •, •• .i:• :1: M F�K 12In � � c� s ,:•�' ' vEH.uL' sEHo. 40PI� ;x•t-a:• : "'' •�• i. ,' ..r:';'.•i' - +".'• YEARCFVER BOOM SIYLE lB C.V. .•C •• ' i•' J,! RHiISIFAmONN OR BAMEASABDVE ❑H.M. - Y •. ADDHESSM NERORLESME OSIAWASABOVE ' . .. nrow�raRa.r..wry VIOLATIONS) . o/SB 1 WJ ,vd pp 37�A-f3L)tM�✓�ENf alto �orf+G p p 7 V CaD nvO t- Y wATN p p e mG ; satyr r. /f .hs nc3sc z.vd-e :. APPRD%. PIFMA%6PEED 9AFe 8PEm ❑BOOAD _ REOUIRFD . •• LOOAIION OFvwuTMJN S) / • INS. ' AT 000'O Cxi VAGIIOxx DATER r .•`.• •,• ROAD COND IM EB tT"_.::_ �•.:• • wer D HVY. NED. GIL FOD MIN Sb� . OFFENSESS)NOTCOMMMONMPBESENCE.DMAMDNNFOFWTIONANDBEHEENO - • •• mwumrorxnoxwwxumltHvw. w>K w TWINIOZY�l1YlAVJx�.'x AM • .oox�owxnow. •• ... NAMBOFAMESi1N0OFRCER IF ENTFROMABOVE ID.NO. V 1NN1 G1E9 �:i.?;r:• '..'?' :. TO LT: • WOH01f1 NOD ILAPPEMA E M RAC B , '• Y ANEHER NOTI APP RARRMONMEM OR POST lAA.AT. . '''x'•'• 1�71 IN EORANDE TRAFRO DNIBION.MOLWABOBEF RD. •� rrry _c, �'; ••.. ' TWNEWPORTBEACXG9Ml0 pN plt t-c•^ "' O IMYAPPF/JIp,BIDBTOY 000fIfAPPEAMNCfi DATE ATNX11RCd1qifk1TOE5DAYAT O av • •• ''* .. ❑ALOIO XI YB6811P'6 �%` COURT.M17NEMYDRNfi SOVM.OMNGLCAMMDAY OF u •, .: _ :•: JUYEMLES MU87 BE ACCOMMNIED! HEM OR OR WARdANNC O '• WENSE WWT BE HANOLFDAT NARBORCOURCYWRPMENDI OROUAi10RNYILLBE I••'�::;:••.:'✓._ • .:•4• •J! CWTA=BYtbF MTHEORINOECMI PF64T%NDEPNRMEM • •• • i y4l��MNANY WYIC YnYMn.I.SiVAtwM4 WIxPA1NFC.Y1 DE¢xac.cn Eli!Al 1'_C _"n�Y•:.,:L.� tJ • ,.�a::; _' �=,ij; .�. ® NIMCIRNIIMIIIBFnnwmaAll•OM "��:'er��S{i' •-x� ' ,`tit.' •.•y� '�s,."=Yy �. .. ... DATE 5'/NAS �7G MAYOR 0 COUNCIL 0 MANAGER 0 ASST. TO MGR. 0 EXEC. ASST 0 ATTORNEY BUILDING L� CITY CLERK 0 DATA PROCESS. 0 DUPLICATING 0 FINANCE 0 BUSINESS LIC. 0 FIRE GENERALSERV. LIBRARY MARINE PARKS & REC. PERSONNEL PLANNING POLICE PUBLIC WORKS PURCHASING TRAFFIC UTILITIES FOR: ❑ ACTION & DISPOSITION ❑ FILE ❑ INFORMATION ❑ REVIEW & COMMENT ❑ RETURN FROM' _ ISG91TVIfa DCAILv FULICF 1]FMAHIRRFRIT �DULI" QUUVENILE' - ? CUSTCQDY:AND _IDENTIF.ICATION,REPORT •; _'. A7�.= ' •� :'• -'• �,••• - •.••'}i'•'d •• ¢•Xv' .: 4d;•,. ,,'`,' 1O ..,,' •s '. .,. -' -,,; ' S1820' NAYL iT q 1T MIDDLE •, ;• NGUYEN` ICT M-`LIEN` V' „4;,, ..frt;; AKA/NICKNAM [, ; -s, ,�: ,.; ;Hex : i' F^. ;.:' '• ':• 1 _ O' -'-• _ UNA iDE. DLFINITION Q MC=MASSAGE' 'W 0 L'I'GEN$E; " Olt 9 , •,\` � - 7-09401 LOCATION OF ARREST :' ^!" •. \ N , MY 1 IITI PL[ ARRCST-REFLR 1000 W' . COAST"' ).. '•'`c•: >,:,, :.:', .'',,+,'i 26y `NAMC'i_: ,:.a +S; „i24a !:1„.,,M.,, ...p.iyt"�'• ,,e`.y::' l �r',,,: af'.6•:.. ,,.�'•: Y[ARw[,iT�D,:1-.ARRESTED R[CCIYCDJ,4;•.; DATi TIML BOOKip• •�: ;- MOCKED— y ' ,;1, ,TOTAL- Oe/29i97', 160 .` GREEN; 1001'- ,:,;_;',08 29,i9.7=,1801 ' `' ,SATIN . ,�,/i. , ,.i( t\'t t I'la '._u+• n,2ir :,v SdB l: ,.Vi'• aj, JY ,Q,t,• ., 1.'• n'd"µ;" \C- '„�i i'•i Rtl.PMON[^ ;n '348'HULCETT,•S,Ty'' '"" ` V[. O/C./DISPO.; LONGBBACH' GA',:"9.0805:,. :;'' `-'= (3164428-37B3 _ RATE OF BIRTH 11 , SIXTH►LACE;; ,-` SR,..,` RACE, l•'' AO[, X[IOHT; \ WEIGHT MAIR [YEl COM[LtiION• ' • ,: �:.•,'e 0�!O4l55'V'IGTNAM_,'�'.:ti':yl'.•.,.>'LFr`•'.;?,:`r, „ ,;' pl[TIMCTIVE MARK. GLOTHtN6 WORN INCLYDL fHOCS N/v REDiBLK_'FLOWERED DRESS ' MARITAL STATUS CITIZENSHIP LEFT MANp , RIGHT' DRI VtR9 L)C[NSt N/.TAT[ SOCIAL SECURITY 5 U.S: ❑ I3{: �N7390543. CA' 494-70-3271 LOCATION OF ARRMST[[IS VXHICLt YKAR MAKE - MODEL COLOR S LICENSE NO. STATE PIED 0 ItMPLO [w S NAME JUVE-1CMDOL ADDRESS JUVE-CITY SCHOOL LOCATED IN SUS. P"ONE oeeuP. JUVE-DRwpK SUNSHINE SPA 1000 WCHJ #EP NPT BCH MASSAGE TECH PARENT/GUARDIAN JUVE. ONLY ADORES. RELATIONSHIP PHONE SUS. PHONE SAm{.I uAMF' ►ABRNT/GUARDIAN JUVE. ONLY) AOGRESS RELATIONSHIP PHONE BUS. PHONE LIVES WITH jJUVZ.ONLYjADDRESS RELATIONSHIP PHONE BUS.PHONE $ ARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER INITIALS: 1 PURSEPSM.PURSEPCOIN PURSEPMISC COSMETICSJ2 SETS OF KEYSJMEDSJTAROT CARDSPPANTIE SHOESJ�MISC CARDS AND PAPERSJCDL,YM NECKLACE NN634.54 IN CASH BOOKED AS EVIDENCE. M LLER. aP:,.f+d4:•y: 1 ,,:{I:v:u,:ri„'(;,°c ?,• ;,: ,,{.<?i:,i <,:; ',,,,;,,,,,,; ,, '•, „ z, ,,, ,,,.; 'y''u''•'>, '„'4 )ti�'�:'''')a\c 'll •,i' > .p•.f+l"ii., .'k,,• Ji. rl ,'yl�. ,,• ,,t•'A' .•�')\o-v i�''ii�'},. 1'.L'\'Ci K ti?� „?� /1♦� w`.'.4o-.4. ��` x}r•„ •$:� -:\, t : ,i: .Y,,a�, �� }1 a N .. •,�'i �•. ..�I..i �.Y y: _ M, �3'li.� . M1�: ♦ i h f ". i` t ,'1,' _ _ f',• Frc ,'t . �t pf,{q..• ' AMOUNT SCHEDULED BAIL $ 200.0 [ARCM[B BY FIRO[R PRINTED RT PHOTOS TAKEN RY HANDWRITING BY JUDGE MODIFYING BAIL AMOUNT GRECCO „SATIN '• SATIN NT S OLD IOR: , BT ORDER OF: , CUSTODY NOTIFICATION BY GAT[/TIN[ NOTIRCD / 1 malamoolicy NOTI/TI ADDRESS RELATIONSHIP PHONE BUS. ►HONE DEFT STATED * ONE 0 9A1.1E PRCIAL MEDICAL INFORMATION NONE 18.1. NUMBER C.1.1. NUMBER ARRESTEE RECORD INFORMATION: ❑ATTACHKD ❑NEGATIVE IPKRYI R VINO Z., im CODED BY DATK/TIME RLPNODYC D O DISTRIBUTED CLERK V-tom-IZ a�a� YY`` COMPLETED BY DETECTIVE DIVISION INVESTIGATOR ,° l FEL. COMPLAINT FILED UNRELATED FEL. WARN. SERVED 0 D.A. REJECT 0 849131)DETENTION ONLY) IMIS. COMPLAINT FILED OUNRELATIED MIS. WARM. SERVED OC.A• REJECT OTHER 1 -ORIGINAL CASE FILE RECORD ' NEWPORT.BEACH POLICE DEPARTMENT ARREST REPORT ' nO—Arrest RD Date lrime Arrested DR Number 10 )0 W. Coast Hwy 26 9-29-97 1600 ` 97-9401 nnecUng Reports by Type and DR Number Videotape of Arrest Videolape# Property Report 97-9401 p Yes M No Arrsstee�s Narrie Last First Mddle Nguyen, Kim Lien &ao Charge Section, Code & Definition) 5,50.030 NBMC - Massage W/O License Arrestee's Name 42 Last First Middle Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone McDermott NBPD #539 (714) 644-3755 Address City State Zip NBPD I Witness #2 Age Res. Phone Bus. Phone O'Sullivan # 71 (714) 644-3785 Address City State I Zip Witness #3 Age Res. Phone Bus. Phone y 1 , ress tb state P Arrested y (Private arson) Age Res. Phone Bus.Phona Address City State Zip ribe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 8-29-97 at about1520 hours, Sgt..McD.ermott, Sgt. O'Sullivan and lwent to the-Sunshine_Spa.(I000.. W. Coast Hwy.) to conduct.an _undercover vice investigation. Sgt. O'Sullivan.was.to enter the spa as.the undercover officer. while. Sgt. McDermott and (.parked in an adjacentaot... Sgt. O'Sullivan had been _ given two hundred -and -fifty. dollarsin_cityiunds_(two_hundreds_and_oneffty_dollar bill).to_use_during_the-.__ operation. The money was photocopied prior -to- the, start of the operation._ Alcohol Involved? ❑ Yes ftNo Location: Supervisor Approv(ng ID No. Arresting Officer ID No. Vacation Per od ���L S / Daterrime Repro cedl Clerk -3)--1'7 0Q GREEN (�U 1001 NBPO Fon 5.1 (Rev. 12-95) NEWPORT BEACH; POLICE DEPARTMENT : Continuation Sheet Page No. 2 Ilype or Report Arrest Report Booking No. A DR Number 97-9401 Atabout1522_hours, Sgt ; QSuilivarLenteredAhe-spa_ari" ke-withthe�eft�(owner and_lone-spa-_ employ-ea"etoldher thathe-wanted fMassai andL�he-askedhimtorSiftydollars_($50AQ)-Sgt._ MR, if ivan-informed-me_afie -the operation-thathe gauethe_Deft..theffty-doilanbflLhe-had.inhis---___ possesston._Sgt-QSuffivarLcompieted..a_�lttiquestionriaire_and The Deft. askedhiniiotollow herto.._ one -of the_massage-moms_atthe-mar_of the-pador-She-tokLhimto undress-andtake-a-,shm4t6r if.he— wanted--Sgt-QMWHvanstedinedtbe_shcLwer and removed his clofhingmae thel?Aft. had IPft ths' room Fte.then_posibaningtvmseli'_onthe- massage tabletace up_withatow.el-comering-his-genital_area_(from_his waist-to-justabo-ve-his-knaes.) — ------------------------- .—_- At about_1.52Zhours the-D.eft.-entered the-room.to..begin_thelnassage..-She.asked Sgt. O'Sullivan to_. turn onto his -stomach -to start_the_massage.__He-told.her-he-had a. sore-shoulder-from.goifing and.she- immediately.started to.massage-his.:lef -shoulder.__Over.approximatelythenexttenminutes-the-Deft... massaged_Sgt-O'Sullivan's-back_moving_from-his-lower-back_oust above. his -.buttocks) to the left.scapula region-During_the_massagethey-carried-on_casuaLaonversation.--_-_---____..__-_ At about 15-45 hours.hours_the-Deft.. asked_Sgt..O'Sullivan_to turn over.. For the next eight.minutesthe Deft. massaged-Sgt. O'Sullivan's_neck and. head area. At about 7 UD-the_Deft.told_Sgt-OSuilivap_that.h.e-w-ouldhave to tW-a-ofulLbodymassage! ,tmxttime_ha- came.in..Rhdn, tie_inquire ._Wbi t hat�iitas kis 'said tLti!as a massage nYering the entire h dj�and�Iot- concentrating.on-aspecifioaraa-.Shethe Lbegan_to-shm-him_by-massaginglus_calves-and-thighsLfoc_.. the -next -minute. At about-J.551hoursthe_Deft...told Sgi O'Sullivan -that the-massage..was_over-and-she-left the.room-He then.got.dresssd,thanked-the_Deft._and.lef -the establishment._ Once..outside.Sgt.-O'Sullivan informed...- Sgt. McDerraoS_andsne.about-the nature, of.the_ massage.he_ had. been.given..YVben we entered the_.__ ._ parlor to_speakAidth_the_DeR,Lsaw thatthere_was no massage_technician-s_permit on_the.wall.as-. __- . required_by-dewporLReach.Municipal.Code.__Sgt. McDermott.contacted her.in the hallway told- her we - wereat-the_looation-for_the_same.reason-as-lasttime._Sgt_McDermoft-and.Lhad arrested the_Deft.-for.__ the- same _munirlpaLcode_violation_earlier. in_the-month_(8=7_97-DR#-97_08.4.63)_ Supervisor Approving ID No. �j''� Reporting Officer(s) ID No. I GREEN ` 1001 V r NBPO Form 0.15 (Rev. 10.96 NEWPORT BEACH POLICE. DEPARTMENT Continuation Sheet• Page No. of Report Booking No. R Number 3 IType Arrest Report 97-9401 The_Deft.-toidus_she_had_a-wsmetology-Kcense-and-t -Lthatitwas legat_ tomassage-tbe_upperho_d-y-of-a-patron vacith-thatlicense Ihe_Deft.-statedthat_she had-oniy_massaged.. Sgt _a uilivan_s-shoulders.. -rom-previous-dealings-withAbe-_Rett-Lknew thatherlicense_onty_altawed_ •. ,,;. ." I, .,,..,; har_to_massage'the neck,bead,._feat_aadhandasWhtmn._QnJ�9.6_she_nadhegticitedhLy -qn . McDermottior-g' ingafulLho-d.�(inclu'ding-back)_massage-to-anothor_undercoyeLofficer:thaUrne— she_statecUhatsbeJinevvheLCasmetologistLicense only-alkmed-herto_give-t ead-and-footmassages"_ and.ihat_she_had.nexecgiven-a_full-body-massage_withoutaJicense. Qn-926_96 she_wasfound_guitty-of massaging.-withouta.lic-ense_(DR9&0519.8.)_-- I then.placed_the Deft-Under_.arrest.for_.5.50.0-3.0_NBMC.forgiving -a_massage.without-the. properp-ermit. . No- per.son_shall_perform-or_administer-a_massage,-or'_advertise-to prohtide_massage_services in - the City, of Newport, unless_ such.person.has in_effecta-valid.massage technician-permitissued _ pursuant to Sections 5.50.035_and 5.50.040-of-this Chapter. As I,filled o-ut.the,.Deft.'s.booking-slip_I attempted.to_ask.her_additional.questions.aboutthe-massage._.J- read.her. her Miranda-Rights_per-NBP_D form_5 1.._She-_said..she-didn't wish to_speakwith.me.and- raquasted a_phone oalLtto heLaftorney I recovered theft8y dollacbili used bv_Sgt QSullivanf ,a 4f r the: massagu—Tjhe_seriaLnumheron theJitllsnatched tLiat efthe�plioto copie,icuaendy fake^ before ' the_operation Also-bookedirrto-mddenceweretwofte hoxes_containing-numerous_mate-clientinfo_cards.Jr,the_same�. box.where-. Lhad-found_thefifty-doliar_bill-usedln_the_operation,_I_fo-und-onehundredand_sixty.dollars—_ (eighttwenty-dollarbills) T-his-money.,along with_six.hundradlhirtyfoundollars_andi'ifty_four-cents (found in a-booking.search-of the Deft.'s purse).was booked. into evidence.at NBPD_ -The file boxes and cash were booked as evidence -of the. on -going -illegal business being run by the -Deft - The Deft. was transported to_NBP_Dfor_booking_by_OfficerGrecco-_ Case Status: Cleared Adult Arrest upervisor Approving ID No. Reporting Officer(s) ID No. GREEN j!G 1001 KWDF r 3.15(Rev. 1D95) " ' • • •. ITT • i • ' • . NE W YURA- BEACH YUL1l:L1 1JZr41C11V1DlN 1, .. ; t DRI ' meeflhlaNMn Po{eM PROPERTY' REPORT & RECEIPT: ': q'j =qp EVIDENCE ❑ FOUND EVIDENCE' ❑ FOUND PROPERTY BOOKT0: 1) OWNER 2)FINDER SAFEKEEPING BOOK70: 1) OWNER 2)POSSESSOR BOOKTO: UARRESTPa12) VICTIM M BOOK7O:UVICn2)EMK.OYEB ,' FIREARMIWEAPON ❑ FIREARWWEAPON ❑ WIC PROPERTY WITH SER. ❑ NO. REMOVED I STOLEN PROPERTY ❑ DOMESTIC VIOLENCE 5150 & 8102 2)VICTIM BDOKM I)ARRESrEB 2)VIC 134 ROOKTX)OWga.."�BOOK70. UARRESIPB BOOKauto. Owrcr• Arnarte ADDrrIONALUIVOLVED PERSON - .' Flatlet uY U ? C7-6� VkWavt1m Pmpbyta Poueuor Pouawe Ytam RECPnONE (3„) -- (' t�� BUS•P Alb �pe a to3 ONE h,y f -79�0 . " ( Co k w -s y a PROP B Iur3�? lkoa� Su c UDoo CRCUarrAncraNMt Wrxeaooabaanw namvaa Rvn�ela. 9muAn awmAus lugna®nauexTmor noeenr. 2>, tlaMtfAM1 aGrO1bCALLlAaIEarY.LlrtartT OaaAk11e121rJ1rue: IrMMgaALl9ay baaWta®rUXAMeMRPaonTm• Ruoar & Raavr ITEM QtY. ARTICLE BRAND MODEL Misr_ DESCRIMON(COLOR, SI2$ SERIAL INSCRIMONS.CALn1ER.ETC) NUMBER ( I v '( LA-7 v 1 Cv =" 1zu 1 0 _ / tAjF ? jt { 1 f O� 2 &ACV -V E Z7 g': =S u h 71 a s c4W 2- i S 9Y, l s Cc2ti •'�' •P�'a'N.a •h. .a��_ �:Iy� .1 .. �'4.u��.1... `•�.LLI�ai: t"LC:nl. •:).. ♦I. ,.il;'a-!la •..'i :U+Fay.a R,)J": . ot"3 1 , I 1 <. 04,X31 %N rO h1moff QLe Tom. Fvn Pr (kP'06l I ' i + i t r ..fh ---------------------- SUPPMSORAPPROVINO IDa REPO 1 OFFICER IDM REPRODU�C^ED ak DISTRI BY•CLERK AFFIDAVIT OF FINDER PROPERTY RECEIPT I declare under penalty of peryury that: This form constitutes notification of your rights according to law. Your 1). The listed items were found, signature indicates that you have received a copy of this receipt" Please 2). The owner of the property is unknown to me, and review the information on the back of this form for an explanation of your 3). 1 have not secreted, withheld or disposed of any part of the property. rights with regard to this property. (SIONATURP) X (SIONATURF)X LFWD nmt 10.1(e, 1.94) Dlaab.bw Whit "ReaerUAYellaw"PmpMy Oni.. Pmk"Rmio NEWPORT BEACH POLICE DEPARTMENT RECEIPT AND DISPOSITION OF MONEY REPORT The money usted.below was seized as follows: ® 'Puisuant to'an arrest ❑ As -evidence ❑ Pursuant toa search•wanrant ❑ Safekeeping ❑ As found property DR Date/Time Booked:i'i Booked to: N WYEMP I.'f^ L. ® There is no evidence to indicate that this money is worth more than it's face value. ❑ There is evidence to indicate that this money is worth more than its nominal value - Source: Officer/ID: ('49L-`�� L06 ) Witness to Count. aeco Date/Time Booked: LocationBooked: DISPOSITION INSTRUCTIONS: Arm 9541ook into bank account. Total Value = $ Approving.' t2 x$1.00-$ l2.00 x $5.00 - $ l S , 00 U.S. 1 x $10.00-s l ° • b0 C 2 x $20.00-$ SOO . OO U R r SO. 00 R x $50.00 = $ E Z- x $100.00=s 16 00 N C x $500.00 =$ Y x $0.50 = $ A N G_ x $0.25 = $ °O D 2-� x $0.10=$ Z• C O 14 x$o.o5=$ ��yo I 54 x $0.01 = sue'/ uL— N TOTAL = $ y 7 T PROPERTY OFFICER DISPOSITION: Money booked into the Property/Evidence Account By: Datd: Amount: $ I❑ Moneyk'.-booked into PropertySafes =r �:57f Sr3S By: Amount: $ Instructions: Complete this inventory and sign on the reverse. Have another em- ployee count, complete the inventory and sign on the reverse. For purposes of this inventory, use face values of currency and coin only. When the value of the money is higher than the face value (as with antique coins, specially minted coins, collections, etc.), so indicvate on the reverse so that this money is booked into evidence and stored as is. All other money (i.e.; that money which has an intrinsic value equal to its face value). F O R E I G N C U R R E N C Y C O I N Country Denomination # Amount TOTALS . Country Denomination # Amount .77 :REOUES.T FO Court C anta•BarbaraDnve: '. K, Jewpoif Beachi Callfornia,92660` 4'�6$'14:..,,,,;'; '''..,:�,�'� :`°ti=;:;;;..,:,,r ;�:.- .eta>'•„�-t� Z.ORDER TO PAY`BOOKING FEES, MONO i66 Number: Arrestee.'s Name:' HGUYEN. [I1d LISti Address: 348 HOLLETT ST. City/ZIP: 1 LONG BEACH, 90805 Charge: 5.50.030 NBMC Date Arrested: 08-Z9-97 Soc Sec #: 494-70-3271 NBPD Booking Number: 51820 97-09401 OCSD Booking Number: 29550.1 GOVERNMENT CODE -.AUTHORITY TO RECOVER COUNTY BOOKING FEES $176.00 "Any city is entitled to recover any criminal justice administrative fee imposed by a county from the arrested person if the person is convicted of any criminal offense related to the arrest." A�IY. �NS for which the person was booked." Total '' ❑ $176.00 (Booked at Ocj Only) Reimbursement L1 $150.00 (Booked at NBPD Only) Ordered: ❑ (Optional amount ordered) The defendant having been convicted of criminal charges related to said arrest and booking, IT IS ORDERED that Judgment be entered against the defendant in the above sum and said Judgment is hereby due and payable by (date) to: City of Newport Beach Finance Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 Defendant nofified of this order. Judge: Date: NBPD Fmm 5 10 4 (Rev 2.97) Original - Court, Yellow- Court Liason, Pink - Defendant, Goldenrod - NBPD ..,::, laT,. ❑JUVENILE CUSTODY AND IDENTIFICATION REPORT Alf 131557 NA Mf 1�.:\fT. FiR ST. MIDDLE) AKA/NIC /1ME J A[ NB * NGUYeF7�'kIM LIENSp ❑ ❑ CHARON (SECTION. COO[, DEFINITION) • Dq X 5,50.030NBMC-MASSAGE W/O LICENSE J ❑ 097-08463 LOCATION OF ARREST R.D: MULTIPLE ARNEST•REFER 1000 W. COAST HWY 26 NAME DATE TIME ARRESTED ARRESTED/RECEIVED BY GATE/TIME BOOKED BOOKED BY TOTAL 08/07/97 150 GREEN 1001 08/07/97 1617 1 HARRIS 0 1 A, ADDRESS RES. PHONE JU VE. OFC./DIfPO. 348 HULLETT ST, LONG.BEACH CA 90805 (310)428-3783 DATE OF MIRTH BIRTHPLACE SEX RACE AGE HEIGHT WEIGHT HAIR EYES COMPLEXION 09/06/55 VIETNAM F ov 41 5-04 130 1 BLK BRO_ MED DISTINCTIVE MARKS CLOTHING WORN JINCLUDE SHOES) N/V FLOWER DRESS MARITAL STATUS CITIZENSHIP LEFT (HAND) RIGHT DRIVER'S LICENSE R/STATE SOCIAL SECURITY , S U.S. CR N7390543 CA 494-70-3271 LOCATION OF ARRESTE['S VEHICLE YEAR MAKE MODEL COLOR S) LICENSE NO. STATE PED 0 RM LOYER S NAME JUVE-SCHOOL ADDRESS IJ'V9• TY SCHOOL LOCATED INI BU S. PHONE OCCUP. JUVE•GRAOE SUNSHINE SPA MASSAGE FARRNT/GUARGIAN(JUVE. ONLY) ADDRESS RELATIONSHIP PHONE BUS.PHONE FAR[NT/OUARDIAN(JUVE. ONLY) ADDRESS RELATIONSHIP PHONE MUS.PHONE LIVES WITH (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUS. PHONE f ARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER# 99 NITI A S: PURSE, BAG, KEYS, WALLET, ADDRESS BOOK, MISC CARDS & PAPERS, COSMETICS W/BAG, SHOES I LER, KIM LIEN AMOUNT SCHEDULED BAIL $200. 00 IZARCNED ■Y FINGER PRINTED MY PHOTOS TAKEN BY HANDWRITING BY JUDGE MODIFYING BAIL AMOUNT HARR I'S FALUD I FALUD I I 8 TOLD FOR: ■Y ORDER OF: CUSTODY NOTIFICATION BY OAT[/TIME NOTIFIED N EMERGENCY NOTIFY: ADDRESS RELATIONSHIP PHONE BUS, PHONE NO ONE STATED I IPXCIAL MEDICAL INFORMATION NONE '.M.1. RUMMER C.I.I. NUMBER ARRESTEE RECORD INFORMATION: ❑ATTACHED []NEGATIVE Y P[R VISOR A P ING CODED BY DATE/TIME REPRODUCED h DISTRIBUTED CLERK COMPLETED BY DETECTIVE DIVISION INVESTIGATOR ID . :11SEL. COMPLAINT FILED ❑UNRELATED FEL. WARR. SERVED ❑D A. REJECT ❑ 949B1(OETENTION ONLYI ]MIS. COMPLAINT FILED ❑UNRELATED MIS. WARR. SERVED ❑C.A. REJECT []OTHER i „j ": , NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT ocation of Arrest RD Date/Time Arrested DR Number 1000 W. Coast Hwy. 25 8-7-97 1515, 97-08463 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # Property Report 97-08463 ❑ Yes ® No rcestee's Name 1 Last First Middle OC# Nguyen, , Kim Lien Charge (Section, Code & Definition) 5.50.030 NBMC Massaging without a permit Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) E� estee's Name -#3 Last First Middle O # S Charge (Section, Code & Definition) p Witness #1 Age Res. Phone Bus. Phone McDermott #539 I I (714) 644.3755 Address City i State Zip NBPD W Witness #2 Age Res. Phone I Bus. Phone Green #1001 L (714)644-3706 Address City I State '-Zip N NBPD Witness #3 Age Res. Phone Bus. Phone Burdette #1023 (714) 644 - 3757 Address city state zip NBPD Arrested By (PrivatePerson) Age Res. Phone Sus.13hone, Address City State Zip y i Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature ofEvidence and Looatlon Depos ted: On 8-7-97 at about 1420 hours, Sgt. McDermott, Detective Burdette and I went to the Sunshine Spa (1000 W. Coast Hwy) to conduct an undercover vice investigation. Officer Burdette was to entered the spa as the undercover officer while Sgt. McDermott and I parked in an adjacent lot. Before entering the establishment, Detective Burdette had been given a covert listening device. Sgt. McDermott and I were monitoring his actions via this device for officer safety reasons. Detective Burdette had also been given one hundred and sixty five dollars in city funds (one hundred, three twenty's and a five dollar bill) to use during the operation. The money was photocopied prior to the start of the operation. Alcohol Involved? p Yes ®No Location: is r p I(2No: Arresting Officer ID No. Vacation Period Vl � ate ime Reproduced Clerk Green 1001 NBPD Form 5.1 (Rov 12"9e) NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet 2 1 Arrest Report 1 1 97-08463 At about 1425 hours, Detective Burdette entered the spa and spoke with the Deft. (owner and tone spa employee). He- told her that he. wanted- a "Back rub" and she asked him for fifty doliars.($50.00). Detective Burdette informed me after the operation that he gave the Deft. three twenty dollar bills and received_aten_dollar_bill_in_change.._Detective_Burdette completed ahealth.,questionnaire_and_T.he_Deft.. asked him.to follow her to one of the massage rooms at the. rear of the parlor. She told.him to undress and take a shower if he wanted. Detective Burdett took a one minute shower and positioning himself on the massage table face down (buttocks covered by a towel). At about 1435 hours the Deft. entered the room to begin the massage. Over the next five minutes the Deft. massaged Detective Burdette's feet and calves as they carried on casual conversation. She then started to massage his lower back up to his shoulders over approximately the next five minute period. This was followed by another five minutes of shoulder/neck massage while they continued to engage in casual conversation. At about 1450 hours I heard a loud clapping sound as I monitored the covert listening device. My undercover training and experience had taught me that this was a cupped hand massage technique. After_the_completion-of_the.investigation-Detective_Burdette_told-me_that3he_Deft-had_used.that____._._.._ technique up..and..down.his.back_(low.er.to.upper).._The_clapping .sound started_a_ten minute.period in., which the Deft -massage Detective Burdette's entire -back. At approximately_.1500. hours the Deft. asked Detective Burdette to turn over and started finished the massage over the..next ten minutes by working on his neck and shoulders. The massage ended at about 1510 hours at which time Detective Burdette dressed and left the establishment. Once outside Detective Burdette informed Sgt. McDermott and me about the nature of the massage he had been given. We then entered the parlor to speak with the Deft., I saw that there was no massage technician's permit on the wall as required by Newport Beach Municipal Code. I also saw a services offered sign.in the lobby that advertised a back massage for fifty dollars. Sgt. McDermott asked the Deft. if she had just given a massage to a male (Detective Burdette) that left the parlor. He also inquired as to if she had a current massage technician's permit. She said she had just given a massage and that she did! not have a valid Newport Beach Massage permit. The Deft, did say that Green I7 1001 NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet 3 1 Arrest Report I . 1 97-08463 she had a.cosmetology license. She told. us her -attorney had advised_her.that it was, legal to massage. the upper body.of a patron withAhat license. She added that she had massaged Detective Burdett's shoulders and upper back. Before going to the Sunshine Spa that day] had reviewed.it's location file. It contained copies of Crime.Reports and cites,for previous, violations by the. Deft, dating back.to 9-22-95. On 7-3-96 she had. been cited.by Sgt. McDermott for giving a full body (including back) massage to -another undercover officer. At that time -she stated that she knew her. Cosmetologist License only allowed, her to give "Head and foot. massages" and that.she .had never given a full body massage without a license. I then placed the Deft. Under arrest for 5.50.030 NBMC for giving a massage without the proper permit. No person shall perform or administer a massage, or advertise to provide massage services in the City of Newport, unless such person has in effect a valid massage technician permit issued pursuant to Sections 5.50.035 and 5.50.040 of this Chapter. As I filled out the Deft.'s booking slip I attempted to ask her additional questions about the massage. She didn't wish to speak with me and requested a phone call to her attorney. I did not question the Deft. further about_theJncident—1 recovered_the three twenty_dollar-bills-given_to_the_Deft._for_payment.by____.._, Detective- Burdette. The.serial_numbers..on-the_bills.matched_that_of_the.photo_copied.currencytaken..__. before the operation... .. The Deft. was transported to NBPD for booking by Officer Caldwell. Case Status: Cleared Adult Arrest Superv( r r Lin 1 iu No. Kepor[mg umcer(s) (�� iu No. Green T7f� 1001 T1 TT1lT11T rvnvvrvxi Dnat-n POLICE DnrARIMIEN it PROPERTY REPORT & RECEIPT uRN 63 n�-1r4`1 IY 52 Rise EVIDENCE ® BOOKTO: OARRESTSE 2)VICTIM ❑ FOUND EVIDENCE HOOK TO: I)VICTIM 2)EMPLOYEE ❑ FOUND PROPERTY BOOKTO: 1)OWNER 2)FINDER ❑ SAFEKEEPING BOOKTO, nOWNER 2)P(XSESNM FIREARMIWEAPON ❑ DOMESTIC VIOLENCE ROOKTOOWNER FIREARMIWEAPON ❑ SIS0 & 8102 WIC BOOKTOOWNER PROPERTY WITH SER. ❑ NO. REMOVED HOOK M. 0ARRFSTEE 2)VICTIM STOLEN PROPERTY ❑ BOOKT(k I)ARRESrCE 2)VICTIM PROPERTY BOOKEDTO: , pN.l mr P ss�eunr N jam`- /�Yit NL f% Finder Employoc Ru rnm ADDITIONALINVOLVED PERSON ��r ADDRESS 3�t8 t4utty ., RES. PHONB ( ) OD—RESr I ) I� ��1+y�_ .jj (Z//JIp�/2, V VI.�II VI BUS.PHONE ? e;rp ) -7�^ ully Zip EDIFU ND RD PROPER T HIX:R-bDP. sz `/•IlYnrnorav�(rrcr/f\i(F! 1x 1). DWORWIMOM Rc UMW IMWEWOR WUh?20W ON"Uff N. 2). IrLMIRRAMY UYJCRIMA1.41'FfHFRr1'. LISTOMLY IX16ARrICLL reku1 SEPAMe w MARA UQUJu FORUCOWaWN IP MDRInMAL FV KH DUQMM, MAWTtHM PWM.M RIMNi & RVMIFT ITEM QT'Y. ARTICLE BRAND MODEL MISC. DESCRIPTION (COLOR. SIZE INSCRIPTIONS, CALIBER. ETC.) SERIAL NUMBER ) � I J 5,S r o 3 U /6A C' A O . �oY� ZDr'1��(: • I Us c c-iffl ?mot. ( 10, 00 46jt- 6e 6( 5tir��aNS DfkN-RRUICes OREWd 1 1.41-90 + ftAuffl V&3'T AA , C 0-? , S S-tcr1 l? JT-11 G(,.SZo^tv1 •LZ/ } , ? { SUPEW REPORTING OFFIDI REPRODUaCED-&DISTRIBUTED BY-CLER• Iec(RVIS AFFIDAVIT OF FINDER 1 declare under penalty of perjury that: 1). The listed items were found, 2). The owner of the property is unknown to me, and 3). 1 have not secreted, withheld or disposed of any part of the property. (SIGNATI1KP) X PROPERTY RECEIPT This form constitutes notification of your rights according to law. Your signature indicates that you have received a copy of this receipt. Please review the information on the back of this form for an explanation of your rights with regard to this property. (SIGNATURE)X IIP )1.,. 111.1 ale.• 1.94) Dw.b.nm: While - Retool. Y.110. - Pmr ay Offim. Rnk- Receipt NEWPORT BEACH POLICE. DEPARTMENT RECEIPT AND DISPOSITION OF MONEY REPORT The money listed below was seized as follows: © Pursuant to an arrest As evidence ❑ Pursuant to a search warrant ❑ Safekeeping ❑ As found property Date/Time Booked: 1-7• 77 Booked To: NC-UYCN, K1A 42E7v ® There is no evidence to indicate that this money is worth more than it's face value. ❑ There is evidence to indicate that this money is worth more than it's nominal value. Source: ❑ Book into bank account. Total Value = $ ® Book into property Supervisor Approing x $1.00 = $ X $5.00 = $ X $1o.00=s 1O.o0 X $20.00 = $ X $50.00 = $ X $100.00 = $ X $500.00 = $ X $0.50 = $ X $0.25 = $ X $0.10 X $0.05 = $ X $0.01= $ TOTAL = $ f Q OU U.S. Officer/ID: W,M- -, / et- r p� a t. l Witness to Count: 1 � • � %`l'1 c1: i Date/Time Booked: CL' -7-5^7, 1704, Location Booked: Ni>ir!-' PROPERTY OFFICER DISPOSI I ION; ❑ Money booked into the Property/Evidence Account By: Date: Amount: $ Money booked into Property Safe. By; Amount $ MONEY INVENTORY C U Instructions: Complete this R inventory and sign on the R reverse. Have another em- E ployee count, complete the N inventory and sign on the C reverse. For purposes of this Y inventory, use face values of currency and coin only. When A the value of the money is N higher than the face value (as D with antique coins, specially minted coins, collections, etc.), C so indicvate on the reverse so O that this money is booked into I evidence and stored as is. All N other money (i.e.; that money which has an intrinsic value equal to it's face value). F O R E I G N C U R R E N C Y C O I N Country Denomination • # Amount . Country Denomination # Amount (9.93) Jr - a Arrestee's Name �j r r . i :f %l' , 1 • ` c Address: 1 `� t 1 �.� 11-t,1 .s t c, C-1 City/ZIP: _1 Charge: Date Arrested: .h . - r� Soc Sec #: NBPD Booking Number: r :� '• f , �, f _ t `< IC.. �� OCSD Booking Number: Q 29550.1 GOVERNMENT CODE -AUTHORITY TO RECOVER COUNTY BOOKING FEES $176.00 "Any city is entitled to recover any criminal justice administrative fee imposed by a county from the arrested person if the person is convicted of any criminal offense related, to the arrest." 'r Cpi1V1CR'SA Vidil�''Lli11I111G1 V11G1lJG 1G30.1cu av uac au�cay . . . . v a. ..... .- - i *i person,Was Booked." Ota1 ❑• $176.00 (Booked at'OCJ Only) $150.00 (Booked at NBPD Only) Kei'mbursementZr Drdered: (Optional amount ordered) The defe{idarit having been convicted of criminal charges related to said arrest and booking, IT IS ORDERED that Judgment be entered against the defendant in the above sum and said Judgments hereby due and payable by (date) to: City of Newport Beach Finance Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 []Defendani notified of this order. Judge: Date: Original - Court, Yellow- Court Liason, Pink - Defendant, Goldenrod - NBPD NWD Fo 5.I0.4(Pa 2.9n y'(• , 2 'p ",.) -' �'. •'j.�1:5`li�.; ,.[ pt\� ,tt "P"d'.' •_ (�,ir9 .� y„"::'� i. ,• _ r'S. 1 . 1' pa B - ACH-POI:ICL I COMPLAINTRE ;: ' ;',;-;;, ;, ` • ; _. +, u tell r. -. ,, y •A, DR#`'$.•n.-•vrr.•: r:-.y' ;f _• c,':�{, '.,';;. •,,'1�' PAGEtl'. 5,; sere q wur,�. n s cp Se air • Ey. 8� - Kr8t r V.te 1 S�V b t GES ISSUED tnmf ' • .Section Code M/F ", orm ors Date Test Result Victim, Dru' ti W6a n, etc. 1' V. uo I{/G i t' s } 2 4 e* 3 4 5 6 " 1. Officer(s) GR'BEN ` � Prelim. Wtt. Personal will - Service twtl to: ` 2. Witness 4 Phones: Home Prelm. wit - Address Personal Will Service testify to: F ` 3, Witness '' t ~ Witrt:'y'n.. .... ;.i , .`..\�: ,5 '1 5,:" . r ' i:',' . r - ' .. •Y, '°- ..J -N NI 4. Wifti6s' r P, ' Address' Pr am.wn. Personal will Service testify to: r. Criminalist ❑. Agency: ^ Bail Recommended: (a le) Warrant YesNo (or) rraignwent Letter Priors and Pending Cases: AIDS NoF-l6a Sent Felony Description (baahurc -u): Issttin DD t s OM iNT F.FrIRAL. ❑ Missing Element - 500 Add to Existing Case - 505 ❑ Refer to A.GJOther Jurisdiction - 508/509 ❑ Insufficient Evidence - 501 ❑ PV Filed - 506 ❑ Further Investigation - 510 ❑ S & S Problem - 502 Diversion/Mediation - 507 ❑ Interest of Justice - 511 ❑ Victim/Witness Uncooperative - 503/504 ❑ Other Details: PPrndna DDA Dat ._,.IL ®® � NEWPORT BEACH POLICE DEPARTME4f ❑-rELEPHONld 0 BRIEFING Preliminary Investigation of: ❑ CPI 0 VNI DR o Gsu 5.50.030 NBMC- Massage Ordinance Violation 96-04179 'fir Last Name, First, Middle (firm Name If Business) Sex Desc Age I City of Newport beach O M O F C Residence Address (include Zip Code) Res. Phone T ( > MBusiness Address (include Zip Code) Bus. Phone 870 Santa Barbara Dr, Newport Beach ( ) Victim's Occupation Victim's Condition RD Late ac rrme xeporrec to rL N/A N/A 26 4-27-96 1730 Location Of Occurrence Occurred Mo/dy/yr Day Time Mo/dy/yr Day Time On Or 1000 W. Coast Hwy, Suite E Between: 127-96 Sat 1655 1730 Connected Reports -type & Dr Stolen/lost Recovered Est. Dam. Arson Or Pro R t, same DR# $ N/A $ N/A vandalism N/A Notifications -Persons & Division Victim Advised Of Confidentiality Provisions Per 293 Pc? O Yes OO No V&1 Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes OO No Gang Related? O Yes O No Hate Crime? O YesO No Weapon Involved? O Yes O No Weapon Involved? O Yes OO No Weapon Involved? O yes OO No Sex Desc Age Ht. Wt. Hair Eyes Name If Known -Booking No. & Charge If Arrested (list Additional Suspects In Narrative) S O F other/osi 40 5-4 120 1 BI K JBRN ]Nguyen, Kim Lien U DOB]Address Res. Phone Pus. Phone Ftr 1 Additional Suspects? Oyes s van. wc. M. umrc w w u 3 P v Inside Color(s) Modifications Damage -additional Desc. E H vo r ., o r rmim c nm enon nM, - iao,xnn •rtnn - amm CODE Name Residence Address (Include ZIP Code) W 1 NBPD Inv. Frizzell #496 Listed suspect, owner / operator of the "Sunshine Spa" massage parlor, gives massage to U/C Officer without lid permit. Investigating Sgifc0ermott I.D. No. (Signature of Reporting Person 534 M v. a&9J) page'Ilio. Type of Investigation DR 2 of 2 Mppa�xssage Ordinance Violation 96-04I79 pdnL,"I ad iitionlocaI n,'found and vicby tims. Involved i nsons.dispos(2) List stolunhcuovemJ pmpunwm y. (3) Rcconscl the ocruncu: Include all elemunu of the come. (4) Describe any evidence. Including Item uan. Article Brand jj Model l Serial No. Misc. r3escnpilon (Co or, Size, Dollar Value Q ' I i Inccrintinns. Cnlihec Eic.l On the above date and time NBPD Inv. Frizze capacity to investigate an anonymous complaint: occu 'ng atthe massage par or. The cl knlplaman and th t she as so aggressive he final y gave he Up n en tl in the parlor rrzzell wa� greeted 1 establishme t. Nguyen washe only p-rson wol not polssess technicians license. She has, in fa( eligib a for i and failed eacli time. A massage tee can a minis er massage services in the;City of Sus ect Nguyen greeted Frizzell in the recepti and $40.00 or a half our. he told him that she propei�licen a to do so. She;advised that she cor: the kni es down. Frizzell agreed to purase a ha recorded city funds. The suspect gave l im ten do towel o cov�r himself with. He did as he was to] on the. bed p ovided. j The suspect proceed to give Frizzell a massage shoulders. She stated several times thati, she was I if she leave 1 "full body mast age". She icomplete left. 1 The NBMC does not differentiate between a " giving the massage, suspect!Nguyen was in viol I elected Iot to cite or arrest the suspieet at this of Inv! Frizzell's contact with the suspect. I book I entered the "Sunshine Spa" massage parlor in an undercover layed through FF untain Valley PD that prostitution was advised that a ir asseuse solicited him for an unwantedI sex act $20.00 to stopsoliciting him and just give a "sl raight" massage. suspect Nguye , the owner and licensed oper or of the ing in the parlor. She is licensed only as an ope-ator and does taken the technician's licensing test the last the a times she was Inician's license is required by 5.50.030 NBMC before a person wport Beach. 1 area and told him it would cost $80.00 for a one hour massage ould not do a "full body massage" as she does not have the I only massage �ris arms, hands, head, neck, feet and legs from hour massage t gave the suspect a fifty-dollE r bill from ars change. Sh then directed him to shower and gave him a then was direr ed to a massage treatment room and told to lay She did not massage him above the knees or blow the It licensed to perform massage and that she wo ld get in trouble the massage in approx. 30 minutes. Frizzell the dressed and 11 body massage" and a massage of selective body parts. By ion of 5.50.030, NBMC. me, pending furl ther investigation. A covert recording was made 3 that into evidence, as well as a copy of the recorded city funds I Pu{n� Dmd Timd 1730 NEWPOK'1' 13Lt'AUki PVL1l:L VErAKUMMIV1' 1 PROPERTY REPORT & RECEIPT DR$ 96-04179 ®EVIDENCE ❑'FIREARM/WEAPON DOMESTIC VIOLENCE ❑FOUND EVIDENCE ❑FIREARM/WEAPON 5150/8102 WIC ❑ FOUND PROPERTY ❑ PROPERTY WITH SERIAL NUMBER REMOVED ❑ SAFEKEEPING ❑ STOLEN PROPERTY PROPERTY BOOKED TO. N en, Kim Lien 13 Owner t3Employtt gt@rmsfee O VNm O Flnder O Possessor ADDITIONAL INVOLVED PERSON �F,nadr I Pasvnsor 0 vimim 348 HuHet St, Long Beach RES. PHONE ADDRESS RES. PHONE fffT BUS.PHDNE Crry. ZIP BUS.PHONE LOCAnONkPCEIVEMOUND 1000 W. Coast Hwy nD 26 ONNECTEDREPORTS r C.24,-V A.,T- $ Q0-7* PROPERTY BOOKED AT: Locker#64 1). DESCRIBE CIRCUMSTANCES RESULTING IN THE HOOKING OF THIS PROPERTY OR EVIDENCE 2). ITEMIZE AND DESCRIBE ALL PROPERTY. LIST ONLY ONE ARTICLE PER LINE. SEPA TE REPORTS ARE REQUIRED FOR EACH TYPE OF PROPERTY. IF ADDITIONAL FORM IS REQUIRED, USE ANOTHER PROPERTY REPORT& RECEIPT ITEM NO. QTY, ARTICLE BRAND MODEL MISC. DESCRIPTION (COLOR. SIZE. INSCRIPTIONS. CALIBER. ETC.) SERIAL NUMBER see crime report property booked: 2001 1 cassette tape 2002 1 copy of money pd to susp. It r p yL5[)R VB�O IDN S REPORTINGOFFICER BM' Sgt. McDermott 539 RE DUCED I UTED BY-C K AFFIDAVIT OF FINDER I declare under penalty of pedury that: 1). The listed items were found, 2). the owner of the property is unknown not me, and 3). 1 have not secreted, withheld or disposed of any part of the property. (Signature) X PROPERTY RECEIPT This form constitutes notification of your rights according to law. Your signature indicates that you have received a copy of this receipt. Please review the information on the back of this form for an explanation ofyour rights with regard to this property. (Signature) X NBPD Fd II11 (mv. 4 i) Dismbuunm Ong. - Records, let m,py - PmPuny Ouaer. _d Wry - RsuP1 II LJLA t %__ LTG w wLV N 1 Dme 4-27-96 rime 1730 NEWPORT BEACH POLICE IMPAKI'AlENT 1 PROPERTY REPORT & RECEIPT uRN 96-04179 ®EVIDENCE ❑ FIREARM/WEAPON DOMESTIC VIOLENCE ❑ FOUND EVIDENCE ❑ FIREARM/WEAPON 5150/8102 WIC ❑ FOUND PROPERTY ❑ PROPERTY WITH SERIAL NUMBER REMOVED ❑ SAFEKEEPING ❑ STOLEN PROPERTY PROPERTYBOOKED TO: AVictimO N en, Kim Lien I pOwner 13Employce tee O Victim Finder 13 Possessor DDMONALINVOLVEDPERSON QFmdcr 13 Pmcuor o A 348 Hullet St, Long Beach RES. PHONE ADDRESS RES. PHONE C ,ZIP BUS. PHONE CITY. ZIP BUS PHONE LOCATION RECEIVEDIFOUND 1000 W. Coast Hwy RD 26 ONNECIED REPORTS 4d S.r, -tr- PROPERTY BOOKED AT: Locker #64 1). DESCRIBE CIRCUMSTANCES RESULTING IN THE BOOKING OF THIS PROPERTY OR EVIDENCE. 2). ITEMIZE AND DESCRIBE ALL PROPERTY. LIST ONLY ONE ARTICLE PER LINE. SEPARATE REPORTS ARE REQUIRED FOR EACH TYPE OF PROPERTY. IF ADDITIONAL FORM IS REQUIRED, USE ANOTHER PROPERTY REPORT & RECEIPT ITEM NO. QTY, ARTICLE BRAND MODEL MISC. DESCRIPTION(COLOR.SIZE, INSCRIPTIONS, CALIBER. ETC.) SERIAL NUMBER see crime report property booked: 2001 1 cassette tape 2002 1 copy of money pd to susp. By t PROPER SUPERVISOR APPROVW IDN REPORTINGOIFICER ION Sgt. McDermott 539 RCED&DISTRIBUTED BY - CLERK EPRODU AFFIDAVIT OF FINDER I declare under penalty of perjury that: 1). The listed items were found, 2). the owner of the property is unknown not me, and 3). 1 have not secreted, withheld or disposed of any part of the property. (Signature) X -PROPERTY RECEIPT This form constitutes notification of your rights according to law. Your signature indicates that you have received a copy of this receipt. Please review the information on the back of this form for an explanation of your rights with regard to this property. (Signature) X NBPD Firm 10.1 (rev. 1.94) ummt,unon...ng. - TYPE OF ORIGINAL REPORT NEWPORT BEACH POLICE DEPARTMENT DATE ORIG RPT MASTER CASE NO. Vo: &W.030 NBMC FOLLOW-UP REPORT []MULTIPLE 4-27-96 96-04179 RECLASSIFY MASTER CASE TO: VICTIM DATE THIS RPT FOLLOW-Up t City of Newport Beach 7-04-96 NUMBER MASTER [I Total Recovery ❑ Partial Recovery VALUE REG THISREPORT CHANGEOF TOTAL VALUE TOTAL RPTO LOSS PROPERTY MASTER CASE STATUS (Check one box) ❑ 30 JUVE ARREST CLEARANCE JUSEWPROPERTY LETTER pp yY 4 ❑ 1 CASE ASSIGNED FOR INVESTIGATION ❑ 31 JUVE ARRESTMON•DETECTIVE 82 CDatJ �N•PROPERTY LETTER C ❑ 5 INVESTIGATION CONi'p,.f-.�ni"1i ❑ 50 EXCEPTIONALLY CLEARED g3��iECgINAS /FEL WARRANT ISSUED 1 ❑ 9 CASE REACTIVATED . ❑ 60 CASE ASSIGNEDINO FOLLOW-UP REO'D ❑ 9I)E;U7e'LLEAWARRESTOTHFRAGENCY ❑ 10 ADULTARREST CLEARANCE, 1•'•'� ❑ 61 CLEARED OTHER ❑ 97 ADULT CLEARIARREST OTHER AGENCY ❑ 11 ADULT ARRESTMON•DETECTIVE N 70 UNFOUNDED ❑ 98 ADULT CLEARIMISD WARRANT ISSUED ❑ 14 ADULT ARRESTICITE ISSUED ❑ 80 HELDINABEYANCE ❑ 99 ADULTCLEAWE49bPC PROPERTY DISPOSITION: ❑ RELEASE ❑ DISPOSE ❑ HOLD UNTIL SUSPECT(S): LAST NAME FIRST NBORJNO. SEX DESC. AGE HGT. WGT. HAIR EYES JUVE.DISPO. NGUYEN, KIM LIEN DOB: 9-06-55 Female Asian, 5-4/120, Blk/Brn LKA: 348 Hullet St., Long Beach 1 LIST RELATED REPORTS BY CASE NUMBER, TYPE CRIME, VICTIM'S NAME, AND CASE STATUS USING CASE STATUS NUMBERS. 2 DESCRIBE ANY CHANGE IN PROPERTY OR VALUE. (3) DESCRIBE ANY ADDITIONAL PROPERTY LOSS. (4) IDENTIFY PARTIAL RECOVERIES. 5 BRIEFLY SUMMARIZE THE ORIGINAL INCIDENT. (6) EXPLAIN INVESTIGATION PROGRESS AND CASE STATUS. 7 RECLASSIFY RELATED CASES. On the above date and time, Suspect Nguyen gave a massage to an undercover officer at the Sunshine Spa, 1000 W. Coast Hwy., Suite #E, Newport Beach. At the time of the massage, it was believed that the suspect was in violation of 5.50.030 NBMC (Providing a Massage Without Massage Technician Permit). Refer to the crime report for details. Subsequent investigation revealed that the suspect was in possession of a valid Cosmetologist's License, issued by the State of California, on the date of the alleged violation. This license allows the suspect to perform head and foot massages, which is the the type of massage the suspect gave the undercover officer. CASE STATUS: UNFOUNDED DATEMME CLERK J REPRODUCER SUPERVISOR APPROVING I.D. NUMBER OFFICER I.D. REPORTING NUMBER Det. C. Frizzell #496 ant 1 nW_IIP PFPnQT r CODE® ..', NEWPORT BEACH POLICE DEPARTMENT ❑ Tl -L HONIC ❑ BRIEFING Preliminary investigation or: DR ❑ GSU ®vNly� Massage Ord Viol-5.50.050B (13)-Locked doors 95-05889 `T Last Name, First, Middle (firm Name If Business) Sex I Desc Age DOB I City of Newport Beach O M O F C Residence Address (include Zip Code) Res. Phone T ( > MBusiness Address (include Zip Code) Bus. Phone 870 Santa Barbara NB ( ) Victim's Occupation Victim's Condition RD Date&Time Reported toPD 24 5/31/95 1720 Location Of Occurrence Occurred Moldy/yr jDay Time M6/dy/yr Day Time 1000 W. Coast Hwy(Sunshine Spa) P) On Or Between: 5/31/95 Wed 1720 Connected Reports -type & Dr Stolen/lost Recovered Est. Dam. Arson Or $ $ Vandalism Det F/U same DR# Notifications -Persons & Division 7Victim Advised Of Confidentiality Provisions Per 293 Pc? O Yes 0No Victim Desires Confidentiality? O Yes OO No Domestic Violence Related? O YesO Nong Ga Related? O Yes OO No Hate Crime? O Yes OO No Weapon Involved? O YesO No Weapon Involved? O YesO No Weapon Involved? Oyes 0No Sex Desc Age Ht. Wt. Hair Eyes Name If Known -Booking No. & Charge if Arrested (list Additional Suspects In Narrative) S O F Vietnam 39 i 5-4 125 IFBLRJBRN Nguyen, Kim Lien U DOB Address Res. Phone us. Phone 9/6/55 348 Hullet Lon Beach Ca 90805 P E Personal Oddities (Unusual Features, Scars, Tattoos, Fte 1 Weapon (Verbs T eats, Bodily Force. Simulated Gun. Etc.) II Knife Or Gun, Describe: C T Clothing - Additional Descriptors . Additional Suspects? ®Yes ❑ No 3 Veh. Llc. No. State Year Make Model Type o]or($) U 3 v Inside Color(s) Modifications Damage -additional Desc. n x nvn v• emns n v MMMM erann nneae ,envcnn• crmn rem a mne• CODE Name Hardy, Robert Residence Address (Include ZIP Code) Res. Phone 1 ge DOB Business Address (Include ZIP Code) NBPD Business Phone 644-3796 CODE Name Residence Address (Include ZIP Code) Res. Phone 2 Fishbacher, Thomas Age DOB Business Address (Include ZIP Code) NBPD usiness Phone 644-3762 ¢I, Vch, Lic. No. =ACTION Make u c ype COMOM U-SPECIFIC UR UNUSUAL S THAT MAY TEND Tt1 mENTIFY 1 HIS SUSP. (Uw maem aide Im Wdmnnel narreuve.) Susp#2: Werkman, Cue Fem Asian 5-2 120 Blk Brn 3/5/46 LKA: 12851 Fern Garden Grove, CA During an administrative inspection of the listed massage establishment, a violation of the NBMC was observed. Susp#1 (Nguyen) holds the permit as the owner/operator. Susp#2 (Werkman) is a designated manager. By doing so, both suspect's accept responsibility for any violations. REFER TO DETECTIVE FOLLOW-UP FOR DETAILS or Approvi Investigating I.D. No. Signature of Reporting Person a e A Tlmc Sep" vl �C'lery. D fS(iRVADEK 610 N01'D Fmm LI (Rev. 118•211 TYPE OF,ORIGINALREPORT NEWPORT BEACH POLICE DEPARTMENT DATEORIGRPT MASTERCASENO. Massa a Crd Viol (Locked doors) FOLLOW-UP REPORT ❑MULTIPLE 5/31/95 95-05889 R CLASSIFY MASTER CASE TO: FOLLOW-UP City of Newport Beach 6/1/95 NUMBER 1 MASTER ❑ Total Recovery [I Partial Recovery-1 VALUE REG THIS REPORT CHANGEOF 1 TOTAL VALUE TOTAL RPTI)LOSS PROPERTY MASTER CASE STATUS (Check one box) l3 30 JUVE ARRESTCLEARANCE Q 81 HELD IN ABEYIPROPERTY LE TER 13 1 CASE ASSIGNED FOR INVESTIGATION 0 31 JUVE ARRESTINOWDETECTIVE 0 82 HELD INABEYINON-Wa PF, 1iEN'17 �94 3 INVESTIGATION CONTD ❑ 50 EXCEPTIONALLY CLEARED 13 83 Y-RRONi ISSUED iLE/ffa/pq 0 9 CASE REACTIVATED [3 60 CASE ASSIGNEDINO FOLLOW-UP REO'D 13 91 J� AR OTH�ERJ1GFjIDY l7 10 ADULT ARREST CLEARANCE ❑ 61 CLEARED OTHER E3 97 ADULTCLIeI',M HER AGENCY 11 ADULT ARRESTINON•DETECTI E- -n•*:•• 70 UNFOUNDED 0 WMI 98 ADULT CLEASO WARRANT ISSUED ^Q�O 1314 ADULT ARRESTICITE ISSUED „ , _ 80 HELDINASEYANCE 13 99 ADULTCLEAW94%PC PROPERTY DISPOSITION: `[3 FILLEASE DISPOSE ❑ HOLD UNTIL SUSPECTS : LAST NAME FIRST NB OR J NO. SEX DESC. AGE HGT. _ WGT. HAIR EYES JUVE.DISPO. Susp#1: Nguyen, Kim Lien Fern Asian 5.4125 Blk Brn 9/6/55 CDL N 739OW LKA: 348 Hullet Long Beach, CA Susp#2: Werkman, Cuc Fem Asian 5.2 120 Blk Brn 3/5/46 CDL C 5540640 LKA: 12851 Fern St Garden Grove, CA (1) LIST RELATED REPORTS BY CASE NUMBER, TYPE CRIME, VICTIMS NAME, AND CASE STATUS USING CASE STATUS NUMBERS. (2) DESCRIBE ANY CHANGE IN PROPERTY OR VALUE. (3) DESCRIBE ANY ADDITIONAL PROPERTY LOSS. (4) IDENTIFY PARTIAL RECOVERIES. (5) BRIEFLY SUMMARIZE THE ORIGINAL INCIDENT. (6) EXPLAIN INVESTIGATION PROGRESS AND CASE STATUS. (7) RECLASSIFY RELATED CASES. This case involves the listed Susp's, who as a Massage Establishment Owner/Operator and manager, violated a section of the NBMC that regulates Massage Establishments. 5/31 /95 172 0 Inv. Hardy and Fischbacher (NBPD) and 2 investigators from a State of California regulatory, agency that enforces laws regarding Workman's Compensation Insurance violations, entered the Sunshine Spa (1000 W. Coast Hwy) for the purpose of conducting an administrative inspection, pursuant to the NBMC. Upon entry into the Massage Establishment, Hardy and Fishbacher found that the front interior lobby door was locked. The only employee in the business at this time was Deft#2 (WERKMAN), who was attending to a customer. Having the lobby door locked, which prevented entry into the main area of the Massage Establishment, is a violation of section 5.50.050 B (13), which states: " All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be unlocked during business hours. On 12/14/94, Deft#1 (Nguyen-Owner/operator) designated Deft#2 (Werkman) as a manager. As such, under the NBMC, both the owner/operator and the on -duty manager are responsible for the operation of the business and for any violations that occur within. Each Deft took the Owner/Operator's test on 9/21/94 and 10/21/94, respectively. Both passed the test. The test covered sections of the NBMC, as it relates to Massage Establishments. DATElTIME CLER R OR APP DVING I.D. OFFICER I.D. REPRO Cgp 'K NUMBER REPORTING NUMBER D.Szkaradek 610 �� -NBPD FORM 12.13.2 (REV 7.93) ' 6/- 19/„.0ro 1 no neon Dr • � • __. wwuT1\III�TIA\I wLIL••rT r. An SZK ice NEWPORT BEACH POLICE DEPAR'FIY>WU COMPLAINT REQUEST i ( Ig i 1 }' Cushy lum DAenrrch AMnnn lypw DR# 95-058 MA IPle Al aerr PAGEtl ANT• A.wu,.e.n.wr Cuc Arrest Date Dos Race 3/5/46 Sex Hair F Blk Eyes rn yr8t2 5= 2 T Alim (ON) D 5 4 6 0 Charge(s) 5.50.050B Requested: (13) NBYC Locked Doors B CHARGES ISSUED Count I Section Code DATE M/F I Victim, Property, Form #, etc. 3 4 5 6 1.Officer(s) Ilardy/Fisl-ibaeher ❑ Prelim. wit. Personal Service Will, testl to: Facts of Invest; Locket'. Door/I. D. of manager 2. Witness Sz11APADEK Phonesc Home Address I�TEP'D El Prelim. Wit. ❑Persona! Will Service testify to: FOlZCX4 ti7.n rEC7rd^> 3. Witness Phonaq- Home Bus Address Prelha. Wit. Personal Setvia Will testl to: ' 4. Witness phones- Home Rug Address Prelim. wit ElPersonal Service WAI testi to• . Criminalist ❑ Agency: _ Bail Recommended: (circle) Warrant (or) Arraignment Letter Priors and Pending Cases: Felony Descriptiontrorn�.�wrmuY• AIDS Notice Yes ****tom AS AhN' aa=P'ACPICN***** El No Sent Issuin DDA Date �nMPi,AINT REFUSAL Interest FurlherInvestigation: of Justice ❑Missing Element ❑ Detendon/Arrest or Search ElInsufficient. Evidence , Refusing DDA mate mom Po 3.1 we, my. Inl! NEWPORT BEACH POLICE DEPARTME FOLLOW-UP REPORT ULTIPLE1 5/31/95 1 95-05889 PROPERTY MASTER CASE Beach ❑ Total Recovery 1 ❑ Partial Recovery (Check one box) I' 1 CASE ASSIGNED FOR INVESTIGATION 5 INVESTIGATION CONTD Y CASE REACTIVATED 13 10 ADULTARREST CLEARANCE 0 11 ADULTARRESTMON•DETECTIVE 0 14 ADULT ARREST/CITE ISSUED PROPERTY DISPOSITION: [ I3 30 JUVE ARREST CLEARANCE 13 31 JUVE ARREST/NOWDETECTIVE 50 EXCEPTIONALLY CLEARED [3 60 CASE ASSIGNED/NO FOLLOW-UP REO'D 61 CLEAREDOTHER E3 70 UNFOUNDED ri 80 HELD IN ABEYANCE RELEASE " DISPOSE 1 6/28/95 CHANGEOF TOTAL VALUE I3 81 HELD INABEY/PROPERTY LETTER I3 e2 HELD IN ABEYRJON-PROPERTY LETTER 13 83 HELD INABEY/FELWAFIRANT ISSUED 91 JUVE CLEAWARREST OTHER AGENCY Q 97 ADULTCLEAR/ARREST OTHER AGENCY 0 Be ADULT CLEARRASDWARRANT ISSUED rA 99 ADULTCLEAR/84SbPC HOLD UNTIL Susp#2: Werkman, Cuc Fem Asian 5-2120 Blk Brn 3/5/46 CDL C 554DATA ENTRY LKA:12851 Fern St Garden Grove, CA CODED 2 (1) LIST RELATED REPORTS BY CASE NUMBER, TYPE CRIME, VICTIM'S NAME, AND CASE STATUS USING OASH 5 rA I Uti NUMUtnti. (2) DESCRIBE ANY CHANGE IN PROPERTY OR VALUE. (3) DESCRIBE ANY ADDITIONAL PROPERTY LOSS. (4) IDENTIFY PARTIAL RECOVERIES. (5) BRIEFLY SUMMARIZE THE ORIGINAL INCIDENT. (6) EXPLAIN INVESTIGATION PROGRESS AND CASE STATUS. (7) RECLASSIFY RELATED CASES. This case involves the listed Susp, who as a Massage Establishment manager, violated a section of the NBMC that regulates Massage Establishments. This case was presented to Orange County DDA Murphy, who filed Court Case# 95HM05521, charging Werkman with the following violation: 5.50.050 B (IS) NBMC- Locked Doors. ADULT CLEARED/MISD WARRANT ISSUED R Cn1 1 n\AI 110 0Wn^ IT D.Szkaradek 3u