HomeMy WebLinkAbout14 - Massage Technician Appeal Brandon SegerJuly 26, 1999
Agenda Item No. 14
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
July 26, 1999
TO: Mayor and Members of the City Council
FROM: Daniel K. Ohl - Deputy City Attorney
RE: MASSAGE TECHNICIAN APPEAL
BRANDON SEGER
. On June 24, 1999, the appeal of Brandon Seger concerning the denial of a
Massage Technician Permit was held before Hearing Officer, Laura Sheedy. As
indicated in her Findings and Recommendations, a copy of which is attached, she has
recommended the denial of the application as a result of a false, misleading or fraudulent
. statement or omission of fact in the permit application process which is in violation of the
Newport Beach Municipal Code. Under the Municipal Code, the City Council must render
its decision within 45 days from the date on which the City Council receives the Findings
and Recommendations of the Hearing Officer.
Pursuant to Section 5.50.075, the Hearing Officer has submitted to the Council her
Findings and Recommendations to be considered by the Council. The Council may, after
reviewing the Findings and Recommendations of the Hearing Officer, accept the
determination, modify the determination or reject the determination and order a new
hearing, or send the matter back to the Hearing Officer for further consideration.
RECOMMENDATION
It is recommended that the City Council accept, approve and adopt the Findings
and Recommendations of the Hearing Officer and deny the mass a permit application of
Brandon Seger. 1�0 b q
DANIEL K. OHL
DKO:da
Attachment
Deputy City Attorney
F WserstatlsharedlCCmemo \SegerDenyMassagePernfd.doo
REGARDING THE APPEAL OF BRANDON SEGER
TO THE DENIAL OF A NEWPORT BEACH MASSAGE
TECHNICIAN PERMIT
This matter was heard on June 24, 1999. Brandon Seger represented himself. Daniel Ohl
represented the City of Newport Beach.
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1. On March 6, 1999, Brandon Seger filed a Massage Permit Application (Attachment
1) with the Newport Beach Police Department as required by Newport Beach
Municipal Code (MBNC) section 5.50.035 A. The application required that the
applicant list all criminal convictions and pleas of guilty or nolo contendre. Mr. Seger
indicated that he had no criminal record and signed the Certification that all
information in the application is true and correct and that withholding information is
grounds for denial of the permit.
2. On March 17, 1999, Mr. Seger went to the Newport Beach Police Department to take
the written exam required to obtain a Massage Technician Permit. At that time he
discussed his application with Community Services Officer Weimer. They reviewed his
application at which time Mr. Seger was again asked if he had any convictions and •
reminded that he had signed the Certification that the information on his application
was true and correct. He stated that the application was true.
3. The Newport Beach Police Department investigated Mr. Seger's application and
found that he had been arrested and pled guilty to disturbing the peace on March 18,
1995.
4. On April 22, 1999, Mr. Seger spoke to Detective Green and filed a statement
regarding his failure to include the arrest on his application (Attachment 2).
5. On April 28, 1999, Mr. Seger was notified of the denial of his Massage Technician
Application pursuant to NBMC section 5.50.040(6) "the applicant has knowingly
made a false, misleading or fraudulent statement or omission of fact to the City the
permit application process" (Attachment 3)..
6. Mr. Seger states that he filled out the application at the Police Station and that he did
not intend to mislead, he forgot about the Disturbing the Peace conviction. He
contends that he was helped by Detective Green to write the statement on April 22,
1999, and that it was not his words. Detective Green stated that he encouraged Mr.
Seger to tell the truth on the statement forms No promises were made and Detective
Green did not tell Mr. Seger what to write. Mr. Seger admits that he was not told
exactly what to write but would have liked more time to compose his statement.
• Based on the foregoing, I find the Massage Permit Application was properly denied as the
applicant knowlingly made a false, misleading or fraudulent statement or omission of fact
to the City in the permit application process. NBMC 5.50.040(A)(6).
Dated: &/ �9 Respectfully submitted
aura Sheedy
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ATTACHMENT (1)
COUNCIL AGENDA
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or ImIled Partners of the Partnership been c6nvicted of any of the Mowing Capron enai 606 Sections? 314,115,316,
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owner. 8 Copy Or the lease and a-notarized acknowledgement-from the owner'that a massage establishment will be on
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AARTS. : CER77RCA77ON
I hereby certify underthe penalty of perjury that the Information given Is true and correct I
understand that' providing false Information. or withholding Information, Including any
criminal record, Is grounds for denial or revocation of my permit, and may subject me to
criminal prosecution. I do hereby authorize the City of Newport Beach, Its agents and
employees to seek verification of the Information contained on this application. I further
understand that I may not conduct thi activity applied for until a permit has been granted,
and that a copy of the city ordinances regulation massage is available to me in the City
Clerk's Office.
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ATTACHMENT (2)
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'NEWPORT BEACH POLICE DEPARTMENT
STATEMENT FORM
'utE-OF PERSIAN GIVING 5 TEM EMT
CARE ROMPER
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ATTACHMENT (3)
April 28, 1999
Brandon Seger
4224 Hilaria Way
Newport Beach, CA 92663
NOTICE OF INTENT TO DENY MASSAGE TECHNICIAN APPLICATION
A further review of your application for a Massage Technician Permit in the City of
Newport Beach has been completed. The Chief of Police does hereby advise you that
your application for a Massage Technician Permit shall be denied. Section 5.50.040 of
the Newport Beach Municipal Code states, "the Chief of Police shall issue a permit as
requested, unless he/she makes any of the following findings." Section 5.50.040(6)
identifies one of these findings as "the applicant has knowingly made a false, misleading
or fraudulent statement or omission of fact to the City in the permit application process."
The City of Newport Beach has determined that it is important that City permit holders
demonstrate honesty and credibility in their dealings with the public. Your omission of a
previous arrest and conviction on your application, combined with your stated reason for
not including the information (i.e. "I felt it would hinder my progress toward becoming a
professional massage therapist'), constitutes a violation defined in the above section.
Section 10.12.010 of the Newport Beach Municipal Code states, "any person who makes
a false statement to a peace officer concerning any matter material to their duties, with
the intent to mislead the officer in the performance of his or her official duties, with
knowledge the statement is false, is guilty of a misdemeanor." In addition to the arrest
record omission on your original application, there is significant evidence that you made
additional false statements to officers during your interview about the matter. For these
reasons the Newport Beach Police Department has determined it would not be in the best
interest of the City to grant you a Massage Permit at this time.
Section 5.50.040(9) of the Newport Beach Municipal Code states, "if any application is
denied for failure to comply with Section 6 or 7 above, the applicant may not reapply for
a period of 6 months from the date the application was denied." You have the right to
appeal this decision to the City Council within fifteen (15) days of the date of this notice.
You are requested to provide this office with any documents that conflict with the above
findings. This must be provided within ten (10) days of the date of this notice. Should
you choose to pursue your right to appeal, or if you have any questions regarding this
notice; please send written notification to Detective Brad Green at the above address or
call (949) 644 -3706.
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Sincerely,
Bob McDonell
Chief of Police I
Tim Newman, Captain
Detective Division
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