Campbell City Council denies appeal of massage parlor owner

[admin]

The owner of a Campbell massage parlor claimed to have no knowledge of unsavory happenings in her business, but that didn't stop the city council from upholding a decision to deny her a permit.
Angeline's Rejuvenating Salon, located at 2617 S. Bascom Ave., was one of the businesses that was added to Campbell as part of the Cambrian 36 annexation in May, said Campbell Police Sgt. Gary Berg.
Police Chief Greg Finch denied salon owner Sabrina Steele's request for a massage establishment license following an undercover investigation on June 4 that culminated in an employee being arrested for solicitation of sex. Steele was at the business at the time of the investigation and was cited for having a condom and a locked door in a massage parlor, Berg said.
At a hearing held during the Oct. 1 city council meeting, Steele's attorney Bernard Bray appealed the denial, describing it as "excessive."
"If an act of prostitution occurred in that room, my client wasn't there and that can't be attributed to her," he said.
During sworn testimony, Berg told the council that last spring, Campbell police received complaints from members of the public that between 15 and 30 men would visit the salon each day, park away from the salon and "appear to be distancing themselves from that business."
Berg said the salon was included on an Internet website that gave reviews and ratings of sexual services at prostitution establishments and a former customer of the business told police he had paid for sexual intercourse at the business.
On June 4, Berg dressed in plain clothes and went to the salon, where he paid $40 for a massage. During the massage, the therapist offered sexual intercourse for an additional $150 fee, Berg said. After the agreement was made, the therapist left the room to retrieve a condom, at which time police entered the business. When the employee realized police were inside, she flushed the condom down the toilet, Berg said.
During the investigation, police found another massage therapist giving a massage to a man in a separate room and it was later determined that she didn't have a valid California license for massage therapy.
"As the owner and operator, Ms. Steele is responsible for assuring that neither she nor her employees are violating the law," Berg said.
Bray said he was frustrated that the hearing wouldn't include cross- examination of the witnesses because, he said, much of the evidence was based on hearsay.
"I think I could dig out ... all the hearsay that is coming in tonight," he said.
Steele said she opened the business in 1999 and didn't have any problems with law enforcement prior to June 4. She attested that she had fired the employee who had been arrested and that she never allowed condoms in her business.
"It's absurd to think that's a house of prostitution where only one condom was found," Bray said.
During the investigation, a door to the massage rooms was locked, which delayed law enforcement. The locked door was a violation, Berg said: all public entrances must be kept unlocked during business hours including any time massage services are being provided.
Steele said the door was kept locked because her business was robbed three years ago, and the sheriff told her she had the right to lock the door. She said she allowed police to search her business because she had "nothing to hide."
Bray said the Internet reviews the police mentioned weren't submitted and that the only online review he found was of a business called Angelique's that is located two blocks away in another jurisdiction and is apparently no longer in operation.
Berg said he reviewed files from the Santa Clara County Sheriff's Department, which had jurisdiction prior to the annexation, and learned that Steele had operated several different massage parlors in the jurisdiction and was present during an undercover operation in 2008 when an employee was arrested for prostitution. He added that, as of the previous week, Steele was still operating her business without a business license, against Campbell Municipal Code.
Three members of the public spoke out in favor of denying the permit.
Jane Harmer said prostitution is a crime against women and children, while Lisa Harmer said prostitution degrades women and reduces the quality of life in the city.
"It is not a victimless act and should not be allowed in the Orchard City," she said.
Council member Michael Kotowski said business owners have a responsibility to know what's going on inside their business.
"I will not accept a plea of ignorance, especially when a massage is going on, because there are some very strict rules set for massage therapists," he said.