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HomeMy WebLinkAbout1981 Resolution No. 028·• • • • • RBSOLUTION NO.s1..1.. SBRIES OP 1981 1N A RBSOLUTION DBllYilfG TllB APPLICATION OP SOON YE SCOTT FOR A MASSAGE PARLOR LICENSE AT 2801 SOUTH BROADWAY, ENGLEWOOD, COLORADO 80110. PIHDIRGS OP PACT 1. That on May 11, 1981 a public hearinq was held before the City Council of the City of Bnqlewood at the hour of 7:00 P.M. Tho•• Council per80n• being pre•ent were Mayor Euqene L. Otis, Mayor Pro Tea Brad•haw, Council persons Bilo, Keena, Fitzpatrick, Neal and Bigday. At the c011Bencement of the hearinq, Councilman Neal di•qualified hi .. •lf from hearing this matter. 2. Mr. Bric Johanni••on, Deputy City Clerk, presented informa- tion concerning the hearing, including City Exhibit A, City of Englewood Application of Health Therapy Facility: Exhibit B, Suppl ... ntal Pora for Health Therapy Applicants1 Exhibit c, Ma•aeu••/Ma•••ur Application1 Exhibit D, Englewood Police Depart- .. nt report of inve•ti9ation1 City Exhibit E, Personal Financial State .. nt1 City Bxhibit P, per•onal references1 City Exhibit G, Certificate of Publication by publiaher notinq publication on March 25, 1981 in Bn9lewood Sentinel1 City Exhibit B, City of Englewood lonin9 Verification Porm1 City Exhibit I, Lease of premises at 2801 South Broadway, Bn9lewooch City Exhibit J, drawinq of interior of prelli•••• City Bxhibit K, report to applicant concern- ing City'• inve•tigation1 City Bxhibit L, map of neighborhood: City Exhibit M, report of O.dipua, Inc.1 City Exhibits N-1 thru N-4, aigned petition• circulated by Oedipus, Inc.1 City Exhibits 0-1 and 0-2, petition• circulated by citizen• and delivered to Deputy City Clerk. 3. Mr. Max Scott, Preaident of Oedipus, Inc., advised the Council of th• aurvey technique• uaed, advised concerninq his background and the hundred•of surveys that his corporation had done, the manner in which the survey is taken by persons in the field, training ~rogr .. for theae people who take the surveys, and the unbiaaed nature of the surveys. Mr. Max Scott also testi- fied that the surveyor• are instructed to maintain a talley sheet and identify tho•• peraona not meetinq the requirements of the survey. 4. Mr. Dennis Paplow testified concerninq the establishment and •ublRitted applicant'• Bxhibit A, Affidavit concerning Lease: applicant'• Exhibit 8, 102 xeroxed letters siqned by persons within the aervice neighborhood of the establishment. Ten have been dis- qualified a• having inaufficient evidence of workinq in the area, identity of the partiea, improper signature for another or no aqe identified. Twenty-eight were disqualified for failure to identify where they work in the area. • • • -- 5. Applicant'• Exhibit B is a copy of a newspaper article from The Denver Po•t concerning hearing of May 11. Julie Paplow te•tif ied concerning the eatabli•hment and the party who operates said e•tabliahment. Mr. Jack Swallow testified in favor of the establi•hment •tating that he likes to go into a massaqe parlor with the look of a comnercial eatabliahment rather than a mas- sage parlor that look• like a residential establishment. 6. Mr. Joaeph Scott testified concerninq the establishment and the operation of an eatabliahment at 2358 South Broadway known a• Yokohama Maa•age. Mr. Scott testified that the estab- liahllent waa licenaed in hi• name but that his wife did most of the work, including the advertisement. There were numerous queationa asked of Mr. Scott concerning the advertisement and the fact that the eatabliahment advertised under many different n ... a in the newapaper. 7. Mr. Charle• Mason indicated that upon occasion he needed a maa•age for phy•ical condition and that he had attempted on a few occaaiona to engage peraona giving a maaaaqe in sexual acts to no avail. 8. In oppoaition apoke Mr. John Heal who presented 32 petition• concerning the queation bearing 568 aiqnatures opposed to the iaauance of the licen•e and one in favor of the issuance of the licenae. Bighty-eight of these signatures have unsiqned or unnotarised affidavit• or contained information from persons outaide the affected neighborhood. Eighty-seven of those signa- ture• were oppoaed to the iaauance of the license, one was in favor of the iaauance of the licenae. 9. The Council called for Soon Ye Scott who was asked certain queationa concerning the operation of her establishment, the nature of her advertiaing, and her background check. She stated ahe had advertiaed her eatabliahment at 3154 West Alameda and Mr. Joaeph Scott'• eatabliahment at 2358 South Broadway under DUll8roua n ... a. She did not identify the nature of the business entity under which ahe operated. Ber reason for the various names waa thi• waa a free country. Mra. Scott testified that she had not .regiatered operation under an aaaumed name. CONCLUSIONS . l. The Council ha• examined the petitions submitted by Oedipua, Inc. The Comicil places qreat weiqht upon this survey finding that it ha• been done in an impartial unbiased manner. The •urvey haa taken into account those persons who may have had biaa concerning the •urvey, who are not qualified, and for other reason• not able to take part in th• aurvey. Eiqht Hundred Thirty-one reaidencea were contacted. Those not at home were 3031 thoae not qualified to •iqn or had previously signed a petition concerning thia licenae application were 105. Of the r ... ining 396, 295 relate to the need• and desires of the inhabi- tant• of the neighborhood. Of theae, 240 indicated that the needs and deairea were currently being .. t and opposed the issuance of -2- • • • - the licenae1 55 favored iaauance of the license indicating that the current need• and deairea of the neighborhood were not being .. t. The breakdown i• 81.361 oppoaed the issuance of the license, 18.641 favored iaauance of the licenae. 2. Th• Council ha• reviewed the 102 letters submitted by the applicant. 'ftl• Council queationa the techniques used in this aurvey and the fact that no alternative• were available to those •iCJDin9 the lettera. Ro indication wa• made to the Council by llr. Denni• Paplow concernin9 alternative• available to those aurveyed. Th• City Council appreciate• the participation of the 102 peraona. ao...ver Council doe• not qive siqnificant weight to thi• information due to the lack of any scientific survey .. tboda bein9 demonatrated in the request for signatures. 3. The council ha• revi..ed Exhibits A-2 thru A-32. The council find• that in thi• aituation, alternatives were available to the peraon bein9 aurveyed. That is, they could approve or oppoH th• particular queation. '!'he City Council is impressed by the concern of tho .. who circulated and signed the petitions. However, Council doe• note that thi• survey was made by those peraona who are prillarily oppoaed to the issuance of the license. 'ftle Council doe• 9ive wei9ht to thia evidence .albeit not as much wei9bt aa the aurvey of oectipua, Inc • 4. The Council note• that City's Exhibits 0-1 and 0-2 were preaented to the City Council bearing 35 signatures in favor and 1 diaqualifyin9 vote for no indication is given as to favoring or diafavorin9 the iaauance of the license. Great weight is not qiven thi• exhibit for the aimple fact that Council is not sure of the aurvevinq technique• uaed. 5. Council finds that Joseph Scott, husband of Soon Ye Scott, own• and operate• the Yokohama Massage Parlor at 2358 South Broadway. Soon Ye Scott owns an establishment at 3154 West Al ... da known aa Oriental Bath Bouae. Council notes some confusion on the part of Soon Ye Scott aa to the nature of her business opera- tion. Council note• that ahe does not know the legal entity under which •he conduct• buain•••· She is and has advertised various eatabliahmenta under varioua names leading to more confusion, to wit: Oriental Sandy Maaaage, Lee Massage, Oriental Suzy Massage, and Susy Wong Maaaage being uaed for various establishments at varioua location•. Council doe• not approve of the misleading advertiainq of the applicant. 6. The City Council find• that the Yokohama Massage Parlor at 2358 South Broadway i• in the service neighborhood. 7. The technique• of Dennis Paplow and Julie Paploe are not motivated aolely out of the reasonable requirements of the neighborhood or the deairea of the inhabitants. Their self intereat in continuin9 the leaainq of the buildinq is at stake. -3- • • • • • 8. Mr. swallow'• teatiJDOny is not given significant weight due to the fact that hi• testiJDOny only went to appearance of the •tructure, not •ervice• rendered. To make a decision based solely on the architectural appearance of the building does not impress this City Council. DECISION 1. The City Council conclude• that the reasonable require- ment• of the neighborhood for the license for which the appli- cation baa been made, the deairea of the inhabitants are currently bein9 .. t by the eatabliahment in the neighborhood. 2. That the application of Soon Ye Scott for a Massage Parlor Licen•• i• denied. ADOPTBD ARD APPROVBD thi• l•t day of June, 1981. ~~ Atteati "" e~o~~~ I, Gary R. Bigbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing i• a true, accurate and complete copy of Resolution No.~ , Seri•• of 1981. C"'- L~~~ G ~B g -4-