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Home My WebLink About08-21-2019 HE 8.21.19 PACKET (2)CbORN WASHINGTON HEARING EXAMINER August 21, 2019 2:00 p.m. City Council Chambers 25 West Main Street Case No: APL19-0001 Applicant(s): The Perfect Massage, LLC Sufang Liang Agent: Paul Cullen, PLLC 316 Occidental Avenue S., Suite 500 Seattle, WA 98104 Request: Appeal of the Community Development Director's decision to deny the City of Auburn business license application for "The Perfect Massage", Auburn City Code 5.15.020(A)(2), 5.15.040, and 5.15.050(6) Project Location: 1101 Outlet Collection Way, Suite 206 Auburn, WA Page 1 of 81 Cn-YOF, LL- °:': CITY OF AUBURN � T AU.B V �~T Planning & Development Department . `;.- Auburn City Hall Annex, 2"d Floor WASHINGTON 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 pennitcenter(a)auburnwa.00v www.auburnwa.gov 19P4 / 940P 64d / APPEAL OF AN ADMINISTRATIVE DECISION CITY OF AUBURN CITY CLERKS OFFICE MAY 31, 2019 APPEAL OF AN ADMINISTRATIVE DECISION -,SUBMITTAL CHECKLIST DIG TAL COPIES OF WRITTEN MATERIALS Please provide a labeled and readable compact disc(s) containing digital versions of all submitted written materials and graphics for use by the City of Auburn during the administrative appeal process. Staff will use this information in report preparation and public noticing so please be sure to provide current and accurate information. Written materials should be submitted to be compatible with Microsoft Office desktop software products. Plans and graphics should be submitted in pdf or of format. APPLICATION FEES - Make checks Pavable to the City of Auburn All application fees, including, but not limited to: fee for an Appeal of Administrative Decision. Some fees will not be invoiced until actual costs are known. Current fee schedule can be found @ http://www.auburnwa.gov/business/Permits Licenses.asp under 'Permit and Application Fees'. The City of Auburn accepts cash, checks, Visa and Mastercard. /2.- WR,ITTEN MATERIALS - Total of ten (10) copies unless otherwise noted A. APPLICATION FORM Provide a completed application form signed by the property owner(s) and/or applicant with the completed Application Submittal Checklist. (One [1] original and 9 copies) B. WRITTEN DECISION/DETERMINATION Provide one (1) copy of the written decision/determination being appealed. If you have not yet received a written decision/determination, requests must be submitted to the appropriate public official which will be fulfilled within 5 days of receipt. 71 C. WRITTEN STATEMENT. Provide a detailed statement where the appellant must clearly address: 1. The errors which the appellant believes were made in the action or decision which is being appealed, or the procedural irregularities associated with the action or decision; 2. Specific reasons why the city's action or decision should be reversed or modified; 3. The harm which is expected to be suffered by the appellant as a result of the action or decision being appealed. If the appellant is a group or organization, the harm to any one or more members of the group or organization must be stated; 4. The desired outcome of the appeal. EJ ---`D. APPEAL OF AN ADMINISTRATIVE DECISION APPLICATION SUBMITTAL CHECKLIST — Addressing written material. RECEIVED MAY 31201.9 CITYOFAUDURN 4COMMUNITy DEVELOPMENT Vb�pU-of 81 4 FILE #: OPFICE U6E OOL y APPE i AL OF AN ADMINISTRATIVE DECISION APPLICATION A85MA-M.' I Use n7ailwal address c.I& meeting 110tificatlon, 0 Check box if Pt'irnaly Contact ADDRE$S: COMPANY,, j C(, 77RI7677� Meve'� (C=ITY, STXrE, z1p) PAX:_ A E-MAIL: SIGNATURE!_.5 &f -Q4 44- PRiNTED NAME: (Signatum Reqotreco ILI-01- COMPAW ADDRESS, xa (CITY, STATE, 7-1p) PHONE: ;49 _ F 0 E-MAIL; ;'check box if PrImety Contact $IGNATUR�: PWNTSD NAME% 1,2 r - 1:13OP&RTY —OWIMOM ' r A ttooh SePamite sheet it peod�ic/, COMPANY: r,11001(bOK If PlYrnary Contact ADDRESS: (CITY, UTATE, ZIP) PHONE-:. ------ SIGNATURE:_ FAX. (Signature Required) Page 3 of 81 CITY OP AUBURN Plannino & Developlent DOPartmant %V .. AS t AWurm ORY Hall Annex, 2nd Moor 1 F -448t MR(n Strout Auburn, W05114t011 W01-4908 Tak 43,031,30go Pax: 253,804-3114 FILE #: OPFICE U6E OOL y APPE i AL OF AN ADMINISTRATIVE DECISION APPLICATION A85MA-M.' I Use n7ailwal address c.I& meeting 110tificatlon, 0 Check box if Pt'irnaly Contact ADDRE$S: COMPANY,, j C(, 77RI7677� Meve'� (C=ITY, STXrE, z1p) PAX:_ A E-MAIL: SIGNATURE!_.5 &f -Q4 44- PRiNTED NAME: (Signatum Reqotreco ILI-01- COMPAW ADDRESS, xa (CITY, STATE, 7-1p) PHONE: ;49 _ F 0 E-MAIL; ;'check box if PrImety Contact $IGNATUR�: PWNTSD NAME% 1,2 r - 1:13OP&RTY —OWIMOM ' r A ttooh SePamite sheet it peod�ic/, COMPANY: r,11001(bOK If PlYrnary Contact ADDRESS: (CITY, UTATE, ZIP) PHONE-:. ------ SIGNATURE:_ FAX. (Signature Required) Page 3 of 81 May 28, 2019 City of Auburn Attn: Shawn Campbell, City Clerk 25 W. Main St. Auburn, WA 98001 scampbellCaD,auburnwa.gov PAUL., CULLE&RIP W.. 316 Occidental Avenue South, Suite 500 Seattle, WA 98104 TEL: 206.447.4130 / FAX: 206.447.6915 paul@cullenlawoffices.com Re: Sufang Liang and The Perfect Massage, LLC Notice of Appeal Ladies and Gentlemen: Pursuant to ACC 5.15.070, please consider this letter and its attachments our Notice of Appeal on behalf of our clients, Sufang Liang and The Perfect Massage, LLC. This notice extends to the denial decision of May 8, 2019 (copy attached) and is based on the specific grounds alleged in the attached Notice of Appeal. Please address any further communication to the undersigned and please forward us a copy of all documents referring or relating to the application, its processing, and its denial. We make the latter request pursuant to the Public Disclosure Act and related authority. Enclosures cc: Sufang Liang Very truly yours, PAUL CULLEN, PLLC By: Paul Cullen Attorney for Sufang Liang and The Perfect Massage, LLC Page 4 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In re the Appeal of- THE fTHE PERFECT MASSAGE, LLC and NOTICE OF APPEAL SUFANG LIANG (Cleric's Action Required) Petitioner, TO: TINA KRISS, BUSINESS LICENSE CLERK CITY OF AUBURN, WASHINGTON COMES NOW the petitioner, Sufang Liang and The Perfect Massage, LLC, by and through counsel, Paul Cullen, and enters this notice of appeal of the denial of their application for a business license in the City of Auburn. Grounds for Appeal: Ms. Sufang Liang is a licensed massage therapist whose business is The Perfect Massage, LLC. On March 1, 2019, Ms. Liang filed her application for business license with the City of Auburn. Subsequently, Ms. Liang received a letter of denial dated May 8, 2019. We dispute the denial of her application herein in that the bases of the decision do not comply with the statutory reasons for denial, both factually and legally, including, but not limited to the following errors: 1. The decision states the applicant violated aspects of the Kent City Code where no such violations have been found; 2. The decision alleges that "As part of Case No. K00124337 in Kent Municipal Court the applicant surrendered her business license" when no such surrender took place as part of that case; NOTICE OF APPEAL - 1 PAUL CULLEN, PLLC ATTORNEY AT LAW 316 OCCIDENTAL AVE. S., SUITE 500 SEATTLE, WA 98104 Tel: 206.447.4311, Fax: 206447.6915 PAUL@CULLENLAWOFFICES.COM Page 5 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The decision alleges violation of applicable state, federal and local law with regard to the Kent City Code when no such violation has been found or adjudicated; and 4. The underlying factual and legal bases of the denial which refer or relate to Kent interactions of Ms. Liang are mischaracterized and inaccurately cast as the basis for denial. Accordingly, we request an administrative hearing and reconsideration of the reissuance of the petitioner's application for business license with the City of Auburn DATED this 281 day of May 2419. NOTICE OF APPEAL - 2 PAUL CULLEN, PLLC By: Paul Cullen, WSBA No. 7132 Attorney for Petitioner PAUL CULLEN, PLLC ATTORNEY AT LAW 316 OCCIDENTAL AVE. S., SUITE 500 SEATTLE, WA 98104 Tel: 206.447.4311, Fax: 206447.6915 PAUL t@CULLENLAWOFFICES.COM Page 6 of 81 CITY OF U Nancy BaCkLIS, Mayor RN_ 'WASHINGTON 25 West Main Street Auburn WA 98001-4998 www.a.uburnwa.gov * 253-931 -3000 Sent by Certified Mail, Return Receipt Requested May 8, 2019 S-ufang Liang 2436 1 Street NE, Apt. C Auburn, WA 98002-2480 Re: Denial of Business License Application — BUS -34122 Dear Ms... Liang, On March 1, 2:019, applied for _a, business license in the City of Auburn to operate a massage therapy business. I am denying your application 'I"OT this business license. The denial is based on Auburn City Code ("ACC") 5.15.020(A)(2), 5,15.040, and. 5. 1 5.050(B) because of your violation of an applicable state, federal, or local law; specifically, the Kent City Code. In reaching my decision., I relied on a prior Order on Pre -Trial Diversion that you entered into in the City of Kent on December 28, 2018, Case No. 1','0,01.24337 KP CN, and a citation from the City of Kent dated October 1.4, 2018 for Prostitution Loitering in violation of K'CC 9.02.080, Citation No. K-124137, As part of Case No. K00124337 KP CN, you surrendered your: Kent Business License. Under the City code, because you had a similar license surrendered as part of the Judge's Order arising from a citation for Prostitution Loitering within two (2) years prior to the license application, the City of Auburn cannot issue a business license at this time. The City will refund you. the full amount of fees paid for the business license application in the amount of $100.00. You may appeal from this notice denying your business license application to the City hearing examiner. The appeal must be submitted in writing as provided in this chapter and filed with the business license clerk within twenty ("20") days from the date of receipt of this letter. Failure to.. appeal shall constitute a waiver of all rights to an administrative hearing and determination of the ,matter. (ACC 5.15.060). S1 eret KfT Director of Community Development Services JT/tic COR19-0070 cc: Paul. Cullen, PLLC (e-mail to.j2q_ul( -Ces, —CoJrI7 ,,ti —_ David Pierce, Applicant Representative (e-mail to David Pierce d j)a1dray L&zLhoo.cotn) Tina Friss, Administrative Assistant AUBURN* MOPLE THANYOU IMAGINED Page 7 of 81 WRITTEN STATEMENT Re: Sufang Liang and The Perfect Massage Application for Auburn City Business License and Appeal of Denial dated May 8, 2019 To Whom It May Concern: Our office represents Sufang Liang and her business, The Perfect Massage. The UBI number for The Perfect Massage, LLC is 604396754. Please consider the following comments in regard to my clients' appeal of the denial of her application for an Auburn business license. Introduction Sufang Liang was born April 28, 1971 in China. On March 30, 2016 she earned her Washington State massage certificate, No. MA60646337. For those not familiar with massage licensing standards, it bears noting that an applicant must pass a national test which is both very difficult and is only given in English. Full licensure for a non-native English speaker is very difficult. It was a significant achievement for Sufang to pass the MBLEX test and obtain a license in her chosen field. In 2016, she and a partner purchased The Perfect Massage in Kent. The shop had an excellent reputation for quality massage and ethical practice. She is married and has two children. It would be naive to say there is not a problem involving some Asian massage businesses. In fact, there is an active online review site that police often cite when investigating such shops for unethical conduct. The site is called "Rubmaps" and I'm sure if you inquired of detectives in Auburn, they will recognize it and tell you that it is a valuable investigative source where incidents of prostitution are frequently referred to. They will also tell you that the absence of such "reviews" or ones which indicate no illicit activities provides a good indication of legitimate business practices. I've attached the City of Kent listing and the listing for The Perfect Massage. Please compare them. Ms. Liang's shop has only two reviews posted for the 2-1/2 years Sufang practiced 7 days a week in Kent. Both reviews indicate a complete absence of unethical behavior such as is frequently referenced in other reviews for other premises. Page 8 of 81 Both the comparative absence of reviews and the absence of any reference to illicit activity are strong indications that Ms. Liang obeys the law in this respect. The Kent Investigation and Actions Ms. Liang's experience with Kent police was summary and typical of that of others. Then police went to her shop twice before closing the doors on October 26, 2018. The first time the police went to Perfect Massage to check Sufang's massage certificate and her identification. After finding no issues, they left. The second time the police went to the shop they checked the patient health forms and asked questions. Again, no discernable problems. Nevertheless, on that visit the police demanded that Sufang close the shop immediately and threatened to return daily until the shop was closed. She was effectively locked out when the police posted warning signs on the door and yellow crime tape in various places. Shortly thereafter, Sufang received notice that she was charged in Kent Municipal Court with prostitution loitering. She also received a notice that the business license was subject to a separate revocation proceeding, based on the misdemeanor charge apparently. The background for these actions is as follows: In August, September and October of 2018, the City of Kent launched a broad preplanned operation aimed at closing down Asian massage shops. Sufang's shop was one of the 18 the City targeted. The commonality among all the shops is the fact they were each operated by Chinese immigrants. No non -Chinese businesses were investigated. In general, police engaged in both undercover investigations and in overt highly visible, coercive investigations aimed at dissuading customers from going to the shops and at convincing the owners to close. In some cases, police visited shops daily telling the owners that they were going to close them down and they would come back every day until they closed their shop. Warning signs were posted on doors and yellow police scene tape was draped across entryways without warrants or other authority. The business owners were afraid to enter their shops for days and couldn't access their personal belongings. The City filed business license revocation actions as to each shop at the same time it filed misdemeanor criminal cases, ignoring the fact that many of the violations alleged were simple executory licensing or advertising violations and the fact that the business license revocation hearings were scheduled prior to any realistic potential disposition date on the criminal charges. The bases of the license revocations and the criminal charges ranged from alleged prostitution to failing to post duly issued and valid state massage licenses on the wall and even to the non -crime of not including massage license numbers of employees on outdoor signage. A number of the allegations were either not crimes at all or were technical violations akin to forgetting one's driver's license. In one case, a defendant was charged with prostitution where she was provably not even present that day and video showed another person with a similar name was in fact present. Page 9 of 81 Sufann's Response When Ms. Liang was informed of the nature of the charge against her, she burst into tears and had to be consoled by her husband. She vehemently denied the allegation and, in my view as a former prosecutor in two jurisdictions, the officer's report fails abysmally to support the charge. Generally, that charge is appropriate when someone solicits another to commit the crime of prostitution or patronizing a prostitute. The ordinance itself refers to the type of behavior one might imagine a street prostitute engaged in — hailing cars, beckoning to passers-by and otherwise engaging in overt solicitation. Here, there was not a hint of the typical conduct the ordinance is aimed at, much less of prostitution involving an explicit offer to perform a sex act and agreement to pay a certain amount of money. The officer's report was replete with generalities and assumptions did not reference any sex act or conduct apparently prohibited. It is remarkable that the arraignment court found probable cause given the evidence before it. Moreover, almost 3 years of practice daily produced zero references on Rubmaps to illicit conduct. Sadly, based on this report, Ms. Liang was faced with a difficult decision — go to trial where a conviction could end her career in massage therapy and dramatically impact her immigration status (thus breaking up her family) or entering a toothless diversion agreement (copy attached) that did not admit guilt, did not stipulate to any allegation or facts and would result in a dismissal with prejudice after one year. She chose the safe and cost-effective course on advice of counsel. To summarize, Ms. Liang has not been found guilty of anything and has not stipulated to any violation. Her case will be dismissed with prejudice in late December 2019. She denied any massage -related violation and the circumstantial evidence on the Rubmaps site supports her as an ethical legal practitioner. There is no stipulation to alleged facts and no finding in the Kent Municipal Court case. Similarly, Ms. Liang chose to voluntarily surrender her business license. There was no finding and the matter was not litigated. As such, she has not been found to have committed any criminal act and her business license has not been involuntarily removed based on any alleged violation. She chose to give it up. There was no hearing. The impact of the denial here is significant. Perfect Massage has financial obligations related to leasehold costs and equipment purchases. The business is not high margin and legal costs as well as other costs will be debilitating for a family business. Beyond that, we sincerely believe that the City would be served by reputable, diligent practitioners who take pride in providing a valuable service at the highest professional standards. For these reasons, we respectfully ask that the denial of the Auburn application be reversed. Sufang Liang values her massage license and enjoys the work. She looks forward to continuing her career in Auburn and sincerely hopes the City issues her business license. It is suggested that she will be a valuable member of the business Page 10 of 81 community and that her standards of practice will provide the City with a valuable asset in the health care community. Very truly yours, PAUL CULLEN, PLLC By: Paul Cullen Attorney for Sufang Liang and The Perfect Massage cc: Sufang Liang Enclosures: Copy of Order on Pretrial Diversion and Rubmap pages. Copy of Kent Business License Order Copy of Website pages Page 11 of 81 1 2 3 4 511 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE KENT MUNICIPAL COURT FOR THE CITY OF KENT, KING COUNTY, STATE OF WASHINGTON CITY OF KENT, a Washington municipal NO. K00124337 KP CN corporation, ORDER ON PRE-TRIAL DIVERSION Plaintiff, VS. SUFANG LIANG, Defendant(s), The Parties, by and through the attorneys of record below -named, respectfully request the court to grant the following Pre -Trial Div rslon Order. Waiver of.J.pryTr1g1 (CrRLJ 6.1,lialh The Defendant understands that she/he has the right to trial by jury unless she/ho waives the right to a jury trial. The Defendant hereby waives her/his jury trial right and requests that her/his guilt or innocence be decided by a judge, 2-9 /_J_ 'i Lo �/ Date Defendant Date City 1:v_@r_Df _NpggAyTri _1_LC_r_RJL_33JgU_2_U1J_), The Defendant understands that she/he has the right to be tried within 60 or 90 days PAT FITZPATRICK Pre -Trial Diversion Kent City Attomey Conditions of Release 220 - 40, Avenue South Kent, Washington 98032 P;(253) 856-5770 F: (253) 856-6770 Page 12 of 81 V 1 2 3 4 'S 6 7 8 9' 10 11 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 p following the "commencement date", and that if the Defendant does not receive a trial within this time period the case may be dismis ed with prejudice. The Defendant's current speedy trial expiration is��'� The Defendant gives up her/his right Po, a speedy trial and agrees to a new commen em nt date of / r' , with an expiration date of ? t> , g, DATE DEFENDANT 1. period of Pre -Trial Supervision, The Defendant agrees that Kent Municipal Court will maintain supervision for 12 months following entry of Order. 2. Court Attendance. The Defendant understands and agrees that he or she shall be present In court at all future court hearings unless previously waived in writing by the judge, . Criminal Law Violations. The Defendant shall have no criminal law violations. (The Defendant agrees that this Court may take action alleging the Defendant's violation of this condition prior to any resolution of the new criminal law violation. The Defendant specifically agrees that a "conviction" is not a prerequisite to this Court taking action to revoke pre-trial supervision due to the Defendant's violation of this condition, The Defendant further agrees that In any hearing on a violation of this condition, the City will proceed via the admission of police reports alone, The Defendant further agrees that the Defendant's petition or other request of any Washington court to grant the Defendant a deferred prosecution pursuant to RCW 10.05 et seq. for any new criminal law violation occurring after the signing of this Order constitutes a violation of this condition.) 4. Address updates. The Defendant agrees to Immediately notify the Court in person or in writing of any change of residence or mailing address and telephone number, Immediately is within 24 business hours of the change of address, S. practice of Massage. The Defendant agrees that she/he will not -2 PAT FITZPATRICK Pre -Trial Diversion i Kent City Attorney Conditions of Release 220 - 4th Avenue south Kent, Washington 98032 P; (253) 856-5770 F:(253) 856-6770 Page 13 of 81 Z 2 3 4 5 6 7 8 9 l {) ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 practice massage, reflexology, aromatherapy, relaxation or other similar disciplines In the City of Kent at any time whether through her/her own business or as an employee of another , 6, Kent Business License. The Defendant agrees that she/he will voluntarily surrender her/his city business license and will not apply for a new business license, or operate, or work in a massage, reflexology, aromatherapy, relaxation, or other similar business within the City of Kent. 7. Community Service. The Defendant agrees to perform 4-OTours of community service with a non-profit organization. Proof of the community service hours must be documented on the organization's letterhead and provide a name and contact number for an individual authorized with verifying the hours worked. t,j. S. Other Condl"io�ns. 4r At-• Procedure for Successful Completion of Pre -Trial Diversion. If the Defendant successfully complies with the pre-trial diversion, the Prosecution will move to dismiss with prejudice the charge(s) filed in this case. Procedure for Violation of Pre -Trial Diversion. The Defendant understands and agrees that she/he shall fully and completely satisfy all of the conditions of Pre -Trial Diversion, and that failure or neglect to carry out and fulfill any term or condition of this Order on Pre -Trial Diversion shall constitute a violation, and a hearing will be held by the Court to determine whether a willful violation has occurred. The burden of proof at any violation hearing will be evidence and facts sufficient to reasonably satisfy the court that the defendant has violated the terms of supervision, State v. Smith, 13 Wn. App. 859 (1975). The defendant understands that she/he has the right to contest and object to evidence presented against her/him, She/ lie gives up that right to contest and object to any evidence presented against her/him as to guilt or 3 PAT F117PATRICK Pre - Trial diversion / Kent city Attorney Conditions of Release 220.4' Avenue South Kent, Washington 98032 P:(253) 856-5770 F: (253) 856-6770 Page 14 of 81 1 2 3 4 S' C 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 innocence regarding the underlying charge at any future hearings if she/he fails to comply with the conditions of this agreement. She/he also understands that she/he has the right to resent evidence on her/ his own behalf and gives up the right to present evidence on her/his own behalf as to guilt or innocence regarding the underlying charge. I understand that if I do not comply with the conditions of this agreement, evidence will be presented against me at a future hearing and I understand that the judge will read and review that evidence in determining my guilt or innocence. Upon a finding by the Court that the defendant violated a condition of pre-trial diversion, the Court will Immediately proceed to a trial by submittal. T i 1 The defendant agrees that upon a court's finding that she/he has violated any condition of pre-trial supervision, the case will be submitted on the record, The defendant understands that this means that the Judge will read the police report and other materials provided and, based upon the evidence, the judge will decide If the defendant is guilty of the crimes charged in the complaint(s), I understand that the police report in this case has been marked as an exhibit but has not yet been admitted into evidence , I also understand that this Agreement and the statements contained in it are not an admission of guilt and are not sufficient by themselves to warrant a finding of guilt . The defendant understands that by this process, she/he is giving up the constitutional right to a jury trial, the right to hear and question witnesses, the right to call witnesses in his or her own behalf, and the right to testify or not testify, The Defendant understands that the maximum sentence for the crime(s) charged in Count y"i"�' ^- �'`'�"isp days in jail and a $1.000 flne OMM _ is 364 days In jail and a $5000 fine; and that the judge can Impose any sentence up to the maximum, including costs and assessment and conditions of probation, regardless of what the prosecutor or the defendant recommends. The defendant acknowledges that no one has made any threats or promises to her/him to cause her or him to agree to such a procedure, K.CC 9,041 130 provides that each subsequent violation of Ch, 9.04 K.CC, whether alleged in the same prosecution as the first violation or ui subsequent prosgcutions, shall constitute a gross n114Aa MATRICK Pre -Trial Diversion / Kent city Attorney Conditions of Release 220.4'" Avenue South Kent, Washington 98032 P: (253) 8565770 P: (253) 856-6770 Page 15 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 W 15 16 17 18 19 20 21 22 23 24 25 DATED this day of .'V 2018. JUDGE Attorney --f 6 r-theW PI a In tiff, WSBA # Attorney for the Defendant, WSBA# Defendant (print name) PAT FITZPATRICK Pre -Trial Diversion 1 Kent City Attorney Conciltions of Release 220 - 4th Avenue South Kent, Washington 98032 N (253) 856-5770 F: (253) 856-6770 Page 16 of 81 0� I O M O O OD W `- r � M Z) C7 (1) Lo N C1 0 M (0 06 0 (00 W92 00 000) 4-7 Z Q N tQ C co x'00 rnrn U9 tSiN in C° > D�� C ��o �M N n T > M CO o N cl (o 0 Lo 60 � a�°00 N . L .JNNY i M O J gjN(nO —= 00 turd wi O Q m ,a co C N�Y m' ro ca rn w � rn 0 0 O d• N F t 0 co E ca ro m E E N a) a) a� N c ?(D ?s U Q =U U C, 0 0 CD erg en cFr 60- . g i U CJ7 I�CfS�i 03 7- K3 Z5 (1 C > N +., 05 E w. C LL 6/ : w CD O€ i (n� �• sCI nn V/ %a. €` ; r S U m J W✓ c% 4 cs CO fes. i� D% Sy.. 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C7 U Z Q X X X m rn N LOa �...__...._.__._.__._......�.�_.�_.�.__.�.��.�.._�.__..��.,_w......�,....V___�_-_._ .._.._�._.__.__._.._.._�.__�...�._�__.....,.....Y..�,...____. ..�.age.23s.%.8:1...�.....__..Y..u.... r E E 0 EN,, Ltd :01 e4 03 E U, CY) :i' -,E E o CS c", w Page 24 of 81 ll 1�0[SEN T WAS 1.11 NGTQN BEFORE THE HEARING EXAMINER FOR THE CITY OF KENT IN RE: Su Fang Liang, d/b/a Perfect Massage 10700 SE 208th Street, Suite 205 Of a Business License Revocation ) Andrew M. Reeves Hearing Examiner Business License No. 2160787 FINDINGS, CONCLUSIONS, AND ORDER SUMMARY OF RECORD This matter having come before the Hearing Examiner on November 28, 2018, and the testimony of witnesses having been heard and all exhibits admitted into evidence having been considered, the Hearing Examiner makes the following findings, conclusions, and order under Kent City Code 5.01.170.B: FINDINGS Background 1. On November 2, 2018, the City of Kent (City) commenced an action to revoke the business license of Su Fang Liang, doing business as Perfect Massage, at 10700 SE 208th Street, Suite 205, pursuant to Kent City Code (KCC) 5.01.130, by issuing a notice of revocation of business license under KCC 5.01.150.B. The notice stated that the City has evidence to believe the business is engaging in an unlawful business or activity. This is grounds for revocation of a business license under KCC 5.01.130.6. Notice of Revocation, dated November 2, 2018. 2. The holder of the business license was duly notified of the City's intent to revoke the business license associated with Perfect Massage and received proper notice of the opportunity to appear at a hearing scheduled before the City's Hearing Examiner on November 28, 2018. Declaration of Mailing, dated November 15, 2018, Revocation Hearing 3. The Hearing Examiner held a hearing on the business license revocation on November 28, 2018, to allow the parties to the hearing, or legal counsel for the parties, to call witnesses and present evidence and rebuttal evidence in this matter, under KCC 5.01.160.D. Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 1 of 4 Page 25 of 81 W 4. Attorney Paul Cullen represented Su Fang Liang, d/b/a Perfect Massage, at the hearing. Attorney Victoria Robben represented the City at the hearing. 5. At the outset of the hearing, Mr. Cullen noted that his client would be voluntarily surrendering the Kent business license associated with Perfect Massage. Mr. Cullen explained that, in advance of the hearing, he discussed the matter with his client, using interpreters as necessary, and that his client: • Understood they had the right to be heard at the revocation hearing scheduled for November 28, 2018; • Waived the right to be heard and would voluntarily surrender the business license; • Requested that the Hearing Examiner enter a default order revoking the business license; • Waived the right to a subsequent appeal under KCC 5.01.170.C; • Agreed not to engage in or associate with any massage, aromatherapy, relaxation, or similar business within the City; • And agreed that they would be prohibited from obtaining a City of Kent business license for massage or reflexology in the future. Argument of Mr. Cullen. 6. Mr. Cullen presented a signed order memorializing the above -detailed information. He stressed that his client understood the consequences of entering the order and that his client would voluntarily surrender the business license associated with Perfect Massage. Argument of Mr. Cullen; Voluntary Surrender of City Business License, dated November 28, 2018, 7. Ms. Robben noted that she reviewed the order prepared by Mr. Cullen and that the City would accept the request that the business license associated with Perfect Massage be revoked. Argument of Ms. Robben. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to conduct a hearing to determine if there are sufficient grounds for the denial or revocation of a business license pursuant to KCC 5.01.130. KCC 5.0.1.170. The Hearing Examiner has authority to issue a default order whenever the holder of the business license who is properly notified of a hearing fails to appear. KCC 5.01.160.E. The City Code defines "business" as: Business means all activities, occupations, pursuits, or professions located and/or engaged in within the city, with the object of gain, benefit or advantage to the person engaging in the same, or to any other person or class, directly or indirectly, and includes nonprofit enterprises. The Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 2 of 4 Page 26 of 81 X] term business shall also mean apartment and residential rental properties of two or more units, as well as rental housing and rental property as those terms are defined in Chapter 5.14 KCC, but shall not mean governmental agencies. KCC 5.0.1.020.A. The City Code defines "licensee" as: Licensee means any business or business enterprise that applies for or is granted a business license. The term licensee shall also mean the person who submits a business license for approval, the owner or operator of a business or business enterprise, and any corporation, partnership, nonprofit, or organization which owns or operates the business or business enterprise. KCC 35.01,020.E. Conclusion Based on Findinas The holder of the business license received proper notice of the revocation hearing and requested that the Hearing Examiner enter a default order revoking the business license under KCC 5.01.160.E. As detailed above, the holder of the business license for Perfect Massage, through their attorney, voluntarily surrendered their business license and requested that a default order revoking the license be entered. Findings 1 - 7. ORDER AND ASSESSMENT OF PENALTIES The Hearing Examiner issues the following Order based on the preceding Findings and Conclusions: The holder of the business license, having been properly notified of the revocation hearing, requested that the Hearing Examiner enter a default order revoking the business license under KCC 5.01.160.E. Accordingly, the business license associated with Perfect Massage is revoked. SO ORDERED this 19t" day of December 2018. Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 3 of 4 ANDREW M. REEVES Hearing Examiner Sound Law Center Page 27 of 81 G gervige of.Order ang Agsnt The undersigned Clerk of the Hearing Examiner of the City of Kent certifies, under penalty of perjury of the Laws of the State of Washington, as follows: This Order and Assessment was placed in the U.S. Mail, first class postage affixed, with the name and address of the person to whom the notice of violation was directed as follows: So done and attested to'thl —tt�L day ott 2019- e Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 4 of 4 Page 28 of 81 0 CITY OF * ** EXHIBIT A * A-0BURN Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 CITY OF AUBURN HEARING EXAMINER NOTICE OF PUBLIC HEARING The Hearing Examiner of the City of Auburn, Washington, will conduct a public hearing on Wednesday, July 17th at 5:30 P.M. in the Council Chambers of the Auburn City Hall located at 25 West Main Street, Auburn 98001 on the following: Case Number: APL19-0001, Appeal of the Community Development Director's decision to deny the City of Auburn business license application for "The Perfect Massage", Auburn City Code 5.15.020(A)(2), 5.15.040, and 5.15.050(B) Applicant/Agent: Paul Cullen, PLLC 316 Occidental Avenue S., Suite 500 Seattle, WA 98104 On behalf of Sufang Liang 2436 1 Street NE, #C Auburn, WA 98002 Any interested person is invited to attend to express comments or opinions. Written comments may be submitted up until and at the public hearing to Jeff Tate, Director of Community Development, Department of Community Development, Mailing address: 25 West Main Street, Auburn, WA 98001-4988. Physical address: 1 East Main Street, Auburn WA 98001. For comments or questions, please contactitate anauburnwa.gov or call 253-931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. AUBURN * MORE THXK�6'U11MAGINED Exhibit B CITY OF AUBURN RESCHEDULED HEARING EXAMINER MEETING FOR IMMEDIATE RELEASE: July 11, 2019 Contact: Tina Kriss, Administrative Assistant Phone: 253-931-3090 Email Address: tkriss&auburnwa.gov The meeting of the City of Auburn Hearing Examiner scheduled for July 17, 2019 has been rescheduled to Wednesday August 21, 2019 at 5:30 p.m. in Council Chambers at Auburn City Hall, 25 West Main Street, Auburn, WA, 98001. City Clerk's Office 25 West Main Street Auburn WA 98001 253-931-3039 www.auburnwa.gov (p5bown Gampb�7-11,MMG City Clerk City of Auburn 253-931-3055 Page 30 of 81 Exhibit C CITY OF AUBURN RESCHEDULED HEARING EXAMINER MEETING FOR IMMEDIATE RELEASE: July 24, 2019 Contact: Jennifer Oliver, Office Assistant Phone: 253-931-3090 Email Address: ioliverl�auburnwa.gov The meeting of the City of Auburn Hearing Examiner scheduled for August 21, 2019 has been rescheduled from 5:30 p.m. to 2:00 p.m. in Council Chambers at Auburn City Hall, 25 West Main Street, Auburn, WA, 98001. City Clerk's Office 25 West Main Street Auburn WA 98001 253-931-3039 www.auburnwa.gov Teresa Mattingly Deputy City Clerks City of Auburn 253-931-3005 Page 31 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN RE: Perfect Massage Business License Appeal Case No. APL 19-0001 PREHEARING ORDER Whereas, the following terms shall govern the appeal hearing of the above -captioned appeal: A. Email Distribution. The email addresses the Examiner has to this point are listed below. All documents and comments emailed pursuant to this Order should be sent to all the email addresses below by 5:00 pm of any required deadline. Service by email shall satisfy the submittal deadlines of this order in lieu of personal delivery or mailing of documents. Hearing Examiner: olbrechtslaw@gmail.com City of Auburn: Druth@auburnwa.gov; tkriss@auburnwa.gov Appellant: paul@cullenlawoffices.com B. Hearing Date. August 21, 2019 at 2:00 pm at the City of Auburn City Hall Council Chambers. C. Exhibit and Witness Lists. Witness lists should include a summary of the testimony to be provided by each witness along with a general estimate on the length of the testimony. The time estimates are just for scheduling purposes. Witnesses will not be bound to the estimates. Only witness testimony and exhibits identified in the witness and exhibit lists shall be admitted into the record, except that additional exhibits and/or testimony may be authorized upon a showing of good cause. A reasonably unanticipated need to rebut evidence shall serve as grounds for good cause. D. Cross -Examination. All witnesses will be subject to cross examination. The authors of any exhibits prepared for the appeal hearing shall be available for cross-examination if request by opposing party is made by email within 48 hours of receipt of exhibit. PREHEARING ORDER - 1 Page 32 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 E. Hearing Format. Participation in the hearing shall be limited to the Appellant and the City. The City shall present their case followed by Appellant response and City rebuttal. The Appellant then the City will be given an opportunity to make a closing argument. F. Burden of Proof ACC 2.46.120C is construed as placing the burden of proof on the City by a preponderance of evidence. G. Schedule. The following schedule applies: August 7, 2019 Witness and exhibit lists due. Copies of all exhibits must also be provided to all parties by this deadline. Copies may be placed in the mail if post- marked by this date in lieu of emailing or may be personally delivered by this date. August 14, 2019 Optional pre -hearing briefs. August 21, 2019 2:00 pm Appeal Hearing ORDERED this 29th day of July, 2019. PREHEARING ORDER - 2 Plu'r A.01brechts City of Auburn Hearing Examiner Page 33 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit E Hearing Examiner: Phil A. Olbrechts BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN RE: Perfect Massage Business License Appeal Case No. APL 19-0001 WITNESS LIST (Clerk's Action Required) TO: THE CITY OF AUBURN; and TO: D. RUTH , Counsel for the City of Auburn; and COMES NOW Appellant, by and through counsel of record, Paul Cullen, and provides the following witness identification as follows: 1. All witnesses endorsed by the City of Auburn; 2. Sufang Liang c/o Paul Cullen, PLLC 316 Occidental Ave. S., Suite 500 Seattle, WA 98104 (206)447-4130 Ms. Liang is the appellant in this case and she may be called to testify regarding her knowledge and understanding of the facts surrounding this matter. W rMSS LIST - I PAUL CULLEN, PLLC ATTORNEY AT LAW 316 OCCIDENTAL AVE. S., SUITE 500 SEATTLE, WA 98104 Tel: (206) 447-4130 / Fax: (206) 447.6915 Page 34 of 81 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Lavon M. Watson Watson Consulting Services 2796 Danbury Ln. SW, # 1225 Tumwater, Washington 98512 watsonconsultingservicesCaD-gmail.com 425-829-8885 Mr. Watson is a former police officer and licensed massage therapist who consults as an expert in the massage field to individuals, litigants, governmental entities and massage schools and businesses. He will testify regarding the reputation and legal compliance of the appellant's business in Kent as well as Auburn. 4. Appellant reserves the right to supplement the witness identifications herein pursuant to newly discovered evidence. DATED this 7th day of August 2019. PAUL CULLEN, PLLC WITNESS LIST - 2 ��By: -e Paul Cullen, WSBA No. 7132 Attorney for Sufang Liang PAUL CULLEN, PLLC ATTORNEY AT LAW 316 OCCIDENTAL AVE. S., SUITE 500 SEATTLE, WA 98104 Tel: (206) 447-4130 / Fax: (206) 447.6915 Page 35 of 81 Exhibit F BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN COUNTY OF KING, STATE OF WASHINGTON In re DENIAL OF BUSINESS LICENSE APPLICATION OF THE PERFECT MASSAGE, Appellant. No. APL 19-0001 WITNESS AND EXHIBIT LIST TO: Paul Cullen, counsel for Appellant COMES NOW the City of Auburn and submits the following list of possible primary witnesses and exhibits. A. FACT/LAY WITNESSES NONE B. EXHIBITS 1. Finds, Conclusion, and Order of the City of Kent Hearing Examiner, In Re Su Fang Lian, d/b/a Perfect Massage, Business License No. 216078731. photos of the interior of 4607 S Myrtle St. Seattle 98118. 2. Order on Pre -Trial Diversion, City of Kent, v. Sufang Liang, No. K00124337KPCN, Kent Municipal Court. AUBLIRN'S WITNESS LIST Page 1 of 2 CITY OF AUBURN Legal Department 25 West Main Street Auburn Washington 980f f (253) 931-3030 FAX (253) 931-4007 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. October 30, 2018 Bench Warrant issued by the Kent Municipal Court in City of Kent, v. Sufang Liang , No. K00124337. 4. City of Kent Notice of Revocation of Business License, dated November 2, 2018; July 18, 2019 email messaged from Victoria Robben to Doug Ruth containing the November 2, 2018 Notice of Revocation. 5. Voluntary Surrender of City Business License City reserves the right to amend this witness/exhibit list and to add witnesses an documents as they are disclosed in discovery or that are necessary to rebut opposin testimony. Dated this _Z day day of August, 2019. L -less Douglas P. Ruth, WSBA 25498 Attorney for City of Auburn ALIBURN'S WITNESS LIST Page 2 of 2 CITY OF AUBURN Legal Department 25 West Main Street Auburn Washington 98001 f (253) 931-3030 FAX (253) 931-4007 Exhibit VI Page 38 of 81 KEN T WASHINGTON BEFORE THE HEARING EXAMINER FOR THE CITY OF KENT IN RE: Su Fang Liang, d/b/a Perfect Massage 10700 SE 208th Street, Suite 205 Of a Business License Revocation ) Andrew M. Reeves Hearing Examiner Business License No. 2160787 FINDINGS, CONCLUSIONS, AND ORDER SUMMARY OF RECORD This matter having come before the Hearing Examiner on November 28, 2018, and the testimony of witnesses having been heard and all exhibits admitted into evidence having been considered, the Hearing Examiner makes the following findings, conclusions, and order under Kent City Code 5.01.170.B: FINDINGS Background, 1. On November 2, 2018, the City of Kent (City) commenced an action to revoke the business license of Su Fang Liang, doing business as Perfect Massage, at 10700 SE 208th Street, Suite 205, pursuant to Kent City Code (KCC) 5.01.130, by issuing a notice of revocation of business license under KCC 5.01.150.B. The notice stated that the City has evidence to believe the business is engaging in an unlawful business or activity. This is grounds for revocation of a business license under KCC 5.01.130.6. Notice of Revocation, dated November 2, 2018, 2. The holder of the business license was duly notified of the City's intent to revoke the business license associated with Perfect Massage and received proper notice of the opportunity to appear at a hearing scheduled before the City's Hearing Examiner on November 28, 2018. Declaration of Mailing, dated November 15, 2018, Revocation Hearing 3. The Hearing Examiner held a hearing on the business license revocation on November 28, 2018, to allow the parties to the hearing, or legal counsel for the parties, to call witnesses and present evidence and rebuttal evidence in this matter, under KCC 5.01.160.D. Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 1 of 4 Page 39 of 81 4. Attorney Paul Cullen represented Su Fang Liang, d/b/a Perfect Massage, at the hearing. Attorney Victoria Robben represented the City at the hearing. 5. At the outset of the hearing, Mr. Cullen noted that his client would be voluntarily surrendering the Kent business license associated with Perfect Massage. Mr. Cullen explained that, in advance of the hearing, he discussed the matter with his client, using interpreters as necessary, and that his client: • Understood they had the right to be heard at the revocation hearing scheduled for November 28, 2018; • Waived the right to be heard and would voluntarily surrender the business license; • Requested that the Hearing Examiner enter a default order revoking the business license; • Waived the right to a subsequent appeal under KCC 5.01.170.C; • Agreed not to engage in or associate with any massage, aromatherapy, relaxation, or similar business within the City; • And agreed that they would be prohibited from obtaining a City of Kent business license for massage or reflexology in the future. Argument of Mr. Cullen. 6. Mr. Cullen presented a signed order memorializing the above -detailed information. He stressed that his client understood the consequences of entering the order and that his client would voluntarily surrender the business license associated with Perfect Massage. Argument of Mr. Cullen; Voluntary Surrender of City Business License, dated November 28, 2018, 7. Ms. Robben noted that she reviewed the order prepared by Mr. Cullen and that the City would accept the request that the business license associated with Perfect Massage be revoked. Argument of Ms. Robben. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to conduct a hearing to determine if there are sufficient grounds for the denial or revocation of a business license pursuant to KCC 5.01.130. KCC 5.01.170, The Hearing Examiner has authority to issue a default order whenever the holder of the business license who is properly notified of a hearing fails to appear. KCC 5.01.160.E. The City Code defines "business" as: Business means all activities, occupations, pursuits, or professions located and/or engaged in within the city, with the object of gain, benefit or advantage to the person engaging in the same, or to any other person or class, directly or indirectly, and includes nonprofit enterprises. The Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 2 of 4 Page 40 of 81 term business shall also mean apartment and residential rental properties of two or more units, as well as rental housing and rental property as those terms are defined in Chapter 5.14 KCC, but shall not mean governmental agencies. KCC 5.01.020.A. The City Code defines "licensee" as: Licensee means any business or business enterprise that applies for or is granted a business license. The term licensee shall also mean the person who submits a business license for approval, the owner or operator of a business or business enterprise, and any corporation, partnership, nonprofit, or organization which owns or operates the business or business enterprise. KCC 35.01, 020. E. Conclusion Based on Findings The holder of the business license received proper notice of the revocation hearing and requested that the Hearing Examiner enter a default order revoking the business license under KCC 5.01.160.E. As detailed above, the holder of the business license for Perfect Massage, through their attorney, voluntarily surrendered their business License and requested that a default order revoking the license be entered. Findings 1 - 7. ORDER AND ASSESSMENT OF PENALTIES The Hearing Examiner issues the following Order based on the preceding Findings and Conclusions: The holder of the business license, having been properly notified of the revocation hearing, requested that the Hearing Examiner enter a default order revoking the business license under KCC 5.01.160.E. Accordingly, the business license associated with Perfect Massage is revoked. SO ORDERED this 19th day of December 2018. ANDREW M. REEVES Hearing Examiner Sound Law Center Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 3 of 4 Page 41 of 81 Servif,e_of Order and Assessment The undersigned Clerk of the Hearing Examiner of the City of Kent certifies, under penalty of perjury of the Laws of the State of Washington, as follows: This Order and Assessment was placed in the U.S. Mail, first class postage affixed, with the name and address of the person to whom the notice of violation was directed as follows: So done and attested to thisMn—..... day o u I __._, 2019. e Findings, Conclusions and Order City of Kent Hearing Examiner Revocation Hearing, Perfect Massage Page 4 of 4 Page 42 of 81 Exhibit 0 Page 43 of 81 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE KENT MUNICIPAL COURT FOR THE CITY OF KENT, KING COUNTY, STATE OF WASHINGTON CITY OF KENT, a Washington municipal NO. K00124337 KP CN corporation, ORDER ON PRE-TRIAL DIVERSION Plaintiff, VS. SUFANG LIANG, Defendant(s). The Parties, by and through the attorneys of record below -named, respectfully request the court to grant the following 'Pre -Trial Div rslon Order. vj�w q -? (tot �1 Waiver of Jury Trial (CrRLJ 6.i.ilal). The Defendant understands that she/he has the right to trial by jury unless she/he waives the right to a jury trial. The Defendant hereby waives her/his jury trial right and requests that her/his guilt or innocence be decided by a judge. _?'Fz�!_ /�' 0/� Date Date SQL r I"C'P Defendant City Waiver of S12eg 1y Trial (CrRLJ 13(c)(,2)(i)), The Defendant understands that she/he has the right to be tried within 60 or 90 days - 1 PAT FITZPATRICK Pre -Trial Diversion I Kent City Attorney Conditions of Release 220 - 40, Avenue South Kent, Washington 98032 P: (253) 856-5770 F: (253) 856-6770 Page 44 of 81 r 2 3 4'', SIII i 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 following the "commencement date", and that If the Defendant does not receive a trial within this time period the case may be dismis ed with prejudice, The Defendant's current speedy trial expiration is The Defendant gives up her/his right pp, a speedy trial and agrees to a new commen em nt date of / / g with an expiration date of 3127 0 . DATE DEFENDANT •T ..mr-112CIMPH•s • • • 1. Period of Pre -Trial Supervision, The Defendant agrees that Kent Municipal Court will maintain supervision for 12 months following entry of Order. 2. Court Attendance, The Defendant understands and agrees that he or she shall be present In court at all future court hearings unless previously waived In writing by the judge, 3. Criminal Law Violations. The Defendant shall have no criminal law violations. (The Defendant agrees that this Court may take action alleging the Defendant's violation of this condition prior to any resolution of the new criminal law violation, The Defendant specifically agrees that a "conviction" Is not a prerequisite to this Court taking action to revoke pre-trial supervislon due to the Defendant's violation of this condition. The Defendant further agrees that in any hearing on a violation of this condition, the City will proceed via the admission of police reports alone, The Defendant further agrees that the Defendant's petition or other request of any Washington court to grant the Defendant a deferred prosecution pursuant to RCW 10.05 et seq, for any new criminal law violation occurring after the signing of this Order constitutes a violation of this condition,) 4. Address Updates. The Defendant agrees to Immediately notify the Court In person or In writing of any change of residence or mailing address and telephone number, immediately Is within 24 business hours of the change of address, 5. Practice of Massage. The Defendant agrees that she/he will not -2 PAT FMPATRICK Pre -Trial Diversion / Kent City Attorney Conditions of Release 220 - 41„ Avenue South Kent, Washington 98032 P: (253) 856-5770 F: (253) 856-6770 Page 45 of 81 3 11 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 practice massage, reflexology, aromatherapy, relaxation or other similar disciplines in the City of Kent at any time whether through her/her own business or as an employee of another . 6. Kent Business License. The Defendant agrees that she/he will voluntarily surrender her/his city business license and will not apply for a new business license, or operate, or work in a massage, reflexology, aromatherapy, relaxation, or other similar business within the City of Kent. 7. Community Service. The Defendant agrees to perform e�ours of community service with a non-profit organization. Proof of the community service hours must be documented on the organization's letterhead and provide a name and contact number for an individual authorized with verifying the hours worked. J� u� Goi 4 tFo 1�1 8. Other Conditions.a'O"'t I ev r �LJ - 4z_ Procedure for Successful Completion of Pre -Trial Diversion. If the Defendant successfully compiles with the pre-trial diversion, the Prosecution will move to dismiss with prejudice the charge(s) filed in this case. Procedure for Violation of pre -Trial Diversion. The Defendant understands and agrees that she/he shall fully and completely satisfy all of the conditions of Pre -Trial Diversion, and that failure or neglect to carry out and fulfill any term or condition of this Order on Pre -Trial Diversion shall constitute a violation, and a hearing will be held by the Court to determine whether a willful violation has occurred. The burden of proof at any violation hearing will be evidence and facts sufficient to reasonably satisfy the court that the defendant has violated the terms of supervision, Stare v. Smith, 13 Wn. App. 859 (1975). The defendant understands that she/he has the right to contest and object to evidence presented against her/him. She/ he gives up that right to contest and object to any evidence presented against her/him as to guilt or 3 PAT FITZPATRICK Pre -Trial Diversion ! Kent City Attorney Conditions of Release 220 -01 Avenue South Kent, Washington 98032 P: (253) 856-5770 F: (253) 856-6770 Page 46 of 81 innocence regarding the underlying charge at any future hearings If she/he I falls to comply with the conditions of this agreement. She/he also understands 2 that she/he has the right to resent evidence on her/ his own behalf and gives up the right to present evidence on her/his own behalf as to guilt or Innocence 3 regarding the underlying charge. 4 I understand that If I do not comply with the conditions of this agreement, evidence will be presented against me at a future hearing and I 5 understand that the judge will read and review that evidence in determining G my guilt or innocence. 7 Upon a finding by the Court that the defendant violated a condition of pre-trial diversion, the Court will Immediately proceed to a trial by submittal. 8 9 1LW_b_Y__Subrrti tai (CrRI.J 6.1.2(b)„), The defendant agrees that upon a court's finding that she/he has violated any condition of pre-trial 10 supervision, the case will be submitted on the record, The defendant understands that this means that the Judge will read the police report and 11 other materials provided and, based upon the evidence, the judge will decide 12 If the defendant Is guilty of the crimes charged in the complaint(s), I understand that the police report In this case has been marked as an exhibit 13 but has not yet been admitted Into evidence . I also understand that this 14 Agreement and the statements contained In It are not an admission of guilt and are not sufficient by themselves to warrant a finding of guilt , 15 The defendant understands that by this process, she/he Is giving up the 16 constitutional right to a jury trial, the right to hear and question witnesses, the right to call witnesses in his or her own behalf, and the right to testify or not 17 testify, The Defendant understands that the maximum sentence for the 18crlme(s) charged In Counts 4�O days In jail and a 19 $1000 fin Is 364 days In jail and a $5000 fine; and that the judge can Impose any sentence up to the maximum, 20 including costs and assessment and conditions of probation, regardless of 21 what the prosecutor or the defendant recommends. 22 The defendant acknowledges that no one has made any threats or promises to 23 her/him to cause her or him to agree to such a procedure, 24 1 KCC 9.04.130 provides that each subsequent violation of Ch. 9,04 KCC, whether alleged in the same prosecution as the First violation or in subsequent prosgcutions, shall constitute a gross nlis*A9*A112PATRICK 25 Pre-Trial Diversion ! Kent City Attorney Conditions of Release 220.4'" Avenue South Kent, Washington 98032 P: (253) 856-5770 P: (253) 856-6770 Page 47 of 81 1 2 3 4 5 6 7 s 9' lU 11 12 13 III 15 16 17 18 19 20 21 22 23 24 25 DATED this v day of y 2018. auDGE Attorney for the Plaintiff, W SBA # Attorney for the Defendant, WSBA# —?&3 2— rjafanrlanl (print name) 42-~28 r g 5 PAT 1`1117PATRICK Pre -Trial Diversion I Kent City Attorney Conditions of Release 220 - 0 Avenue South Kent, Washington 98032 P: (253) 856-5770 P:(253) 856-6770 Page 48 of 81 Exhibit 0 Page 49 of 81 r„r � KENT MUNICIPAL COURT ! ,..e: 1220 CENTRAL AVE SOUTH KENT, WA 98032 i 253-856-5730 a~;y r, yi CITY OF KENT KING COUNTY STATE OF WASHINGTON Plaintiff, vs LIANG, SUFANG 24361 ST NE #C AUBURN, WA 98002 Defendant The State of Washington to all Peace Officers, Greetings: A complaint/information under oath or ceMflcation has been filed in this court, charging the defendant with the crimes hereon described. Therefore, In the name of the State of Washington, you are commanded to arrest the defendant and keep the defendant In custody until the defendant Is discharged according to law, and make due return of this warrant with your manner of service endorsed thereon. Cash or surety bond to be approved by court. Service of this warrant by telegraph or teletype is authorized. Warrant Bail $600 Warrant Exp 10/26/2021 Case No K00124337 Cash Bail or Bail Bond Reason(s) for Issuance: Probable Cause Comments Bench Warrant Defendant DOB 04/28/1971 Sex F Race A Height 5ft oin Weight 115 Eyes BRO Hair BLK DL# LIANGS"293J8 St WA Exp 4/28/2021' FBI# DOC# SID# Employer AKA / DBA Physical Description Alternative Address Violation Officer's 16686 Viol. Date 10/12/2018 Number Orig Agy Orig Agency KNP Case No Complainant - Under DOHERTY, ERIC M Oath or Certification Description of Charge(s): K9.02,620 PROSTITUTION LOITERING CHECKED IQ GivenUnder1-11-1111 yfHand This 30 Day Of October 2018 ,....... „.. ,Judge ....................PHILLIPS, GLENN,IVL....,..,. I Hereby Certify That I Arrested the Named Defendant Service Fees On The_,�_ Day of _31 120 - g Service Officer -�Y1'1 iyl V1 Mileage Agency �i(1{l 1 % Total Page 50 of 81 Exhibit El Page 51 of 81 gam;. KENT ,V, 11191111111iiq pil pi'111�111 11�111i' via Personal Service and Certified Mall/Return Receipt Requested November 2, 2018 TO: Su Fang Liang d/b/a Perfect Massage 10700 SE 208" St, Ste 205 Kent, WA 98031 The City of Kent has evidence to believe your business is engaging in prostitution. The City intends to revoke your busi1)eSS'license pursuant to Kent City Code (KCC) 5.01.130. In addition, the City intends to pursue criminal charges that will prevent you from operating a massage related business in accordance with KCC 5.01.135. Evidence of the unlawful conduct occurring at your business is attached as,Exhibit_I A revocation hearing has been scheduled before the city's hearing examiner on November 25, 20,18 at 1«Q ppm. The hearing will be held in Chambers on the first floor of Kent City Hall, 220 Fourth Avenue South, Kent, WA 98032. The hearing will be conducted in accordance with KCC 5.01.160. If you fall to appear on the date and time noted above, your right to a hearing will be forfeited, default judgment will be entered, and your business license will be revoked. It is unlawful for a business to operate within the City of Kent without a business license. If you have a scheduling conflict, you must immediately contact the assistant for the hearing examiner, Tanya Kosen, at (253) 856-5461. Your request for a continuance will be reviewed by the hearing examiner. If you would like to voluntarily relinquish your business license and cancel the hearing, please notify me in writing at vrobben0kentw .gny. Victoria L. Robben Assistant City Attorney Page 52 of 81 18-14401 ORIG Supplement No KENT POLICE DEPARTMENT CASE REPORT Reported Date 220 4th Avenue South 09/28/2018 Kent, WA98032.8895 Crime/Incident �,KcPhone, (2 3) 6 -5800 BUSINESS LICENSES (N) Member#/Dept ID# BRATLIEN,EM Phone Fax Report Officer Printed At 1252246/BRATLIEN,EM 10/26/2018 11:07 Page 1 of 2 Page 53 of 81 Agency Case No Supplement No Reported Date Reported Time KENT POLICE DEPARTMENT CASE REPORT 18-14401 ORIG 09/28/2018 19:45 CAD Call No Status Crime/Incldent KP180073627 REFERRED TO DETECTIVES BUSINESS LICENSES Location City 10700 SE 208 ST #205 KENT Rep Dist NTZ Beat From Date From Time To Date To Time 067 KP 4 09/28/2018 19:45 09/28/2018 19:45 Member#/Dept ID# Assignment Entered By 1252246/BRATLIEN,EM PATROL GRAVE 1 POWER 1252246 Assignment RMS TransferProp Trans Stat Approving Officer PATROL GRAVE 1 POWER Successful Successful 45824 Approval Date Approval Time 09/30/2018 02:33:56 # Offenses Offense Description Complaint Type AC Use Bas oc 1 OTHER POLICE REPORT (N) OTHER POLICE REPORT #Pr MOE I Act Weapon/Force IBRS No CargoTheft? Dom Vlol? #Offenses Offense Description Complaint Type AC Use Blas Loc 2 GG03 (N) None/Unknown #Pr MOE Act Weapon/Force MRS No Cargo Theft? Dom Viol? T Invl No Type Name MNI 1 I LIANG,SUFANG 956816 Race Sex DOB A F 04/28/1971 Invl Invl No Type Name MN PI 2 I YANG,LINGQIAO 902827 Race Sex DOB A F 08/15/1975 Report Officer Printed At 1252246/BRATLIEN,EM 10/26/2018 11:07 Page 1 of 2 Page 53 of 81 ORIGn` "° 18-14401 KENT POLICE DEPARTMENT CASE REPORT On 09/28/18 1 performed a business check of Perfect Massage located at 10700 SE 208th St #205 in the City of Kent, County of King, State of Washington, Perfect Massage has a neon sign in the front window advertising "foot massage". I entered the business and observed an open seating area consisting of a small couch, chairs and a small table to the left of the door. To the right of the door was a desk. I was greeted by Sufang Liang who stated she worked at the business providing massages. She showed me her massage license which was posted on the wall in the lobby along with the business licenses. Liang was wearing a black and grey shirt and stretchy pants. She stated another female was also working giving massages. The second female came to the lobby and identified herself via WA drivers license as Lingqiao Yang. She was wearing a black shirt and black stretchy pants. Her massage license was also posted on the wall. I photographed all licenses, WA IN and the females as well as a clipboard with appointments written on lined paper which was on the desk. The photos were later entered into VeriPic. Case referred to Detective Doherty. By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjury under the laws of the State of Washington that this report is true and correct. E Bratlien Dated this 29th day of September, 2018, in the City of Kent, Washington. Report Officer Printed At 1252246/BRATLIEN,EM 10/26/2018 11:07 Page 2 of 2 Page 54 of 81 10-14401 0001 Supplement No KENT POLICE DEPARTMENT CASE REPORT Reported Date 220 4th Avenue South 10/13/2018 Kent, WA 96032»6895 Crime/Incident � K *TL N Phone: (253) 8W6800 PROSTITUTION (A) inn:«e«mr o:+ Fax: (263) 85EI-6800 Member#/Dept lD# DOHERTY,EM Phone Fax PRN 1622867 Report Officer Printed At 316686/DOHERTY,EM 10/26/2018 11:07 Page 1 of 2 Page 55 of 81 18-14401 0001 Supplement No KENT POLICE DEPARTMENT CASE REPORT On 10/12/2018 the Kent Police Special Investigations Unit conducted an undercover operation at Perfect Massage, located at 10700 SE 208th St in Kent. The undercover officer (UC) paid Sufang Liang $80 ($60 house fee + $20 tip) for a massage. During the massage Sufang made repeated, deliberate contact with the intimate areas of the UC which appeared to be aimed at sexual gratification. The massage violated numerous standards for professional massage as set forth in chapter Chapter 246-830 of the Washington Administrative Code, including behavior in violation of section WAC 246-16-100 outlining sexual misconduct. Sufang will be cited at -large for Prostitution Loitering (citation K124337). Case cleared with single adult at -large arrest. By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjury under the laws of the State of Washington that this report is true and correct. E. Doherty / 316686 Dated this 14 day of October, 2018, in the City of Kent, Washington. Report officer Printed At 316686/DOHERTY,EM 10/26/2018 11:07 Page 2 of 2 Page 56 of 81 KENT POLICE DEPARTMENT CASE REPORT Ken 4th AV l Kent, WA s803$nnz--689 s$ss �e K61T Phow (253) pax. (ss) 866-6800 nn Phone Fax 18-14401 Reported Date 10/23/2018 Crimellncldenl PROSTITUTION (A) Member#/Dept ID# DOHERTY,EM Supplement No 0002 On 10/23/2018 the Kent Police Special Investigations Unit conducted an additional undercover operation at Perfect Massage. During this operation a female undercover officer (UC) entered the business posing as a customer. The UC paid $60 for a one hour massage (+$20 tip) from Sufang Liang. The purpose of this undercover operation was the highlight the sexual nature of the massage given to the male UC on 10/12/2018 by contrasting how Sufang would behave with a female customer. The massage provided by Sufang to the female UC was dramatically different than the one provided to the male UC. Sufang kept the female UC's intimate areas covered during almost the entire massage. The one exception was when Sufang wiped the massage oil of her back with a hot towel and briefly moved the privacy towel, exposing the UC's buttocks. Sufang also made virtually no contact with the female UC's buttocks (she brushed over the UC's buttocks once with her forearm). This is in stark contrast to the massage Sufang gave the male UC in which she spent a disproportionately large amount of time rubbing and caressing his buttocks. Sufang also did not massage near the female UC's genital area, avoiding her hips and upper thighs. In contrast, she frequently had her hands within one inch of the male UC's genitals and extensively massaged his hips and upper inner thighs. Sufang also afforded the female UC complete privacy at all times she was undressed. With the male UC, Sufang stayed in the room on multiple occasions when he was undressed. Sufang's behavior during the massages with the two UCs clearly demonstrates the sexual nature of her contact with the male UC. End of supplemental. By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjury under the laws of the State of Washington that this report is true and correct. E. Doherty / 316686 Dated this 23 day of October, 2018, in the City of Kent, Washington. Report Officer Printed At 316686/DOHERTY,EM 10/26/2018 11:07 Page 1 of 2 Page 57 of 81 0002ent N° 18-14401 KENT POLICE DEPARTMENT CASE REPORT Report Ofrt°er Printed At 316686/DOHERTY,EM 10/26/2018 11:07 Page 2 of 2 Page 58 of 81 KENT POLICE DEPARTMENT CASE REPORT Ke ,4th Avenue South Kent, WA 98032-5695 \50K � Ke v KENT Phone: (253) 856-5800 Fax, (253) 856-6800 Phone Fax Agency KENT POLICE DEPARTMENT CASE RE I BUSI NESS LICENSES 1. SPECIAL.. INVESTIGATIONS UNIT 18-14401 0003 Supplement No Repotted Date 10/30/2018 Crime/Incident BUSINESS LICENSES (N) Member#/Dept ID# BRATLIEN,EM VaSe No 45000,1 iMOMI No Reponao unto Reported Time 18 14401 0003 10/30/201»8 00:40 1. BRATLIEN,EM Assignment i#MS "fraaari°t.r . 16 PATROL GRAVE 1 POWER Suaaessful Apo royal bov /30/201.8 03:03:10 On 10/25/18, 1 conducted a follow up at Perfect Massage located at 10700 108th Ave SE in the City of County of King, State of Washington. Chapter 246-030 of the Washington Administrative Cude details the standards of educatlon, business and practice standards and limitation, credential statuses, and fees. I intended on asking an employee, Sufang Liang, several questions regarding the legitimacy of Perfect Massage, Upon arrival, I was grPPtpd by another employee, Lingglao Yang, who exited a massage room, She was sweating, out of breath and adjusting her shirt as she walked to the lobby. I asked to speak with Liang. Liang then emerged from a separate massage room, It should be noted that I utilized a Language Line Mandarin Interpreter (#200169) to effectively communicate with Liang. It should be noted that the bolded letters are Liang's responses. I asked her the following: Do you keep records of every patient name? - "No". Do you keep records of every patient age? - "No". Do you obtain and update health history information for each patient? - "No". Do you obtain written consent for treatment from all patents? - "No". Do you keep records of what treatment was provided to each patient? - "No". Do you record all information within 24 hours of treatment? - "No". Do you retain all records for three years? - "No". Do you properly shred records after the retention period? - "No Do you collect taxes? How much tax do you collect for a $60 massage? - "No". Do you provide a receipt to your patient, including those paying cash? - "Yes". To summarize the above answers, Liang does not have any recordkeeping standard set in place to record all patient information and history, I continued with the following questions: Do you allow privacy when the patient is changing clothes? -"Yes" Do you keep the patient draped during the entire massage? -"No" Do you explain your draping and coverage boundaries to your patients? -"No" Does your draping cover the gluteal cleft distal to the coccyx, anus, and rectum? -"Yes" Does your draping cover the patient's genitals at all times? -"Yes" Do you obtain prior written, verbal, and signed consent to remove gluteal draping? - "No". Do you document any variation in draping procedure? - "No". Is consent for draping variation obtained separate from consent for treatment? - "No". To summarize the above answers, Liang told me she keeps the body properly draped and covered but sometimes has to remove the draping for parts of the massage. She has failed to educate patients on draping standards. She also admitted to failing to document all variations of draping or obtaining consent for thevariations. I made sure Liang was aware that it was a crime to lie to the Police and that I knew and Undercover Officer had received _ 044d044d �Jtf(Ct+r —. ..:�.. _ Printed At .._ 1252246/B TLIENrEM 11/01/2018 14:02 l g 1 of 2 Page 59 of 81 18-14401 0003ntNo KENT POLICE DEPARTMENT CASE REPORT a massage at Perfect Massage. I continued with the following questions, Do you touch the patient in the gluteal cleft distal to the coccyx, anus, and rectum?- "No". Do you touch the patient's genitals?- "No". Do you touch the patient in the perineal area?- "No". Do you obtain prior written and oral consent for massage in the perineal area?- "No". To summarize the above answers, Liang denied massaging any areas involving the genitals or general groin and rectal area. After I had concluded the questions regarding the WAC procedures, Liang explained they would hire an English speaking employee who could get their documentation and records up to standard. She stated she would start hiring the next day. End Supplemental. By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjury under the laws of the State of Washington that this report is true and correct. E Bratllen Dated this 30h day of October, 2018, in the City of Kent, Washington. ..........., Depart tYPii�nr 1252246/BRATLTEN,EM.1,/01,/2018 14:02 Pag(2 of 2 Page 60 of 81 On 10/12/2018 the Kent Police Special Investigations Unit conducted an undercover operation at Perfect Massage, located at 10700 SE 208th St in Kent. The operation was part of an emphasis targeted at suspected illicit massage parlors in the city. I entered the business posing as a customer. Prior to entering the business I viewed photos of Sufang Liang and Lingqiao Yang, both of whom had been contacted by Ofc. Bratlien during her business check on 09/28/2018. 1 was greeted in the lobby by Sufang Liang. She told me to wait ten minutes. About ten minutes later Linggiao came into the lobby and escorted me to a back room with a raised massage table. She left the room while I dressed and lay on the table. I covered myself with a privacy towel. A short time later Sufang entered the room. She asked if I wanted a shower. I said yes, unsure if she meant before or after the massage. Sufang began giving me a massage. Within the first few minutes of the massage she moved the privacy towel, exposing my buttocks. During the massage she spent a disproportional amount of time on my buttocks. The majority of the contact with my buttocks was soft, sensual touch. The touch appeared to be intended to cause arousal and did not appear aimed at any therapeutic purpose. Sufang frequently moved her hands within an inch of my genitals. Sufang covered me with the privacy towel and told me to flip over. She briefly rubbed my head. She then rubbed my chest (including nipples) and stomach before moving to my legs. She moved the privacy towel so that it was barely covering my genitals. She then rubbed my legs and hips, lingering within 1-2 inches from my genitals. Sufang then told me it was time for the shower. She gave me a bathrobe and had me follow her to a back room. As we entered the room I saw that there was a raised plastic tub with short side walls. I recognized this as being the type used for "table showers," a service sometimes offered at illicit massage parlors in which the employee washes the customer. Sufang told me to take the robe off. She did not leave the room while I did or offer to cover me up in any way as I lay on the table. She then washed my backside with a wash cloth and with her bare hands. As she used the wash cloth, she penetrated the crevice of my buttocks. Sufang then told me to turn over, which I did. She did not offer any sort of covering as I turned over. Once I was lying on my back, she placed a wash cloth over my genitals. She then washed my front side. After she was finished she walked me back to the original room and told me we were done. Page 61 of 81 Sufang stayed in the room as I took off the robe and began to put my clothes back on. She left the room while I finished. When I exited the room she was seated at the desk in the lobby. I paid her $80 for the massage ($60 + $20 tip) and left. During the massage Safang made repeated, sustained contact with intimate areas of my body. The contact was clearly sexual in nature and not therapeutic. By affixing my electronic signature below in the form of my type written name, I certify under penalty of perjury under the laws of the State of Washington that this report is true and correct. 316686 Dated this 14 day of October, 2018, in the City of Kent, Washington. Page 62 of 81 VeriPic Page I of 12 https://veripic.kentwa.gov/pages/DefauItPrintView.aspx?id=all IGage/�31 s1 VeriPic Page 2 of 12 littps:Hveripie.kentwa.gov/pages/DefaultPrintView.aspx'?id=a11 10/16/2018 Page 64 of 81 Ver[Pic Page 3 of t21 littps://veripic.kentwa.gov/pages/DefauitPrintView.aspx?id=all 1 WO/wAl VeriPic littps://veripic.kentwa.gov/pages/Def'aultilrintView.aspx?id=all Page 4of12 CL BaQ C 'J VeriPic r W _ a . Page 5 of 12 Nv: �RI littps://veripie.kentwa.gov/pages/DefaultPrintView.aspx?id=all I wj#9NAl VeriPic Paoe 6 of 12 https://veripic.kentwa.gov/pages/DefaultPrintView.aspx?id=all I'PU/WAl VcriPic Page 7 of 12 https://veripic.kentwa.,ov/pages/DefaultPi-intView.aspx?id=all I QgNpAl VeriPic Page 8 of 12 littps://veripic.kent�va.gov/pages/Def'W ItPrinIViekv.aspx?id=a11 10/16 7b I 1 VeriPic Page 9 of' 12 https://veripic.kentwa.gov/pages/DefaultPrintView.aspx?id=all I� ge/4i)o s� VeriPic Page 10 of 12 https://veripie.kentwa.gov/pages/Defau[tPrintView.aspx?id=all I W] 6/7)91 1 VeriPic Page I I of 12 https://veripic.kentwa.gov/pages/DefauitPriiitView.aspx?id=alI I 01/041i �, VeriPic Page 12 of 12 https://veripic.kentwa.gov/pages/DefauItPrintView.aspx?id=all I Gage/� of 81 Doug Ruth From: Robben, Victoria <VRobben@kentwa.gov> Sent: Thursday, July 18, 2019 10:47 AM To: Doug Ruth; Kosen, Tanya Subject: RE: Perfect Massage Attachments: Revocation Letter.pdf; 18-14401.pdf; uc statement.pdf; Veripic.pdf CAUTION: The following message originated from outside the City of Auburn. Be careful opening links and attachments Attached is the revocation notice and documents referred to as "Exhibit 1" in the notice. There was no prehearing statement. Let me know if you need anything else. Victoria Robben, Prosecuting Attorney Criminal Division I Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5775 1 Fax 253-856-6770 vrobbenCa)kentwa.aov CITY OF KENT, WASHINGTON KentTV21.com Facebook _ + ggff YouTube PLEASE CONSr'IOER T}9E ENVIFtONMENT OFFOFYE PRINTING ' HIS b'.-MA11- Page 75 of 81 Exhibit 5 Page 76 of 81 (F {Yl Y.pluntary Surrendesig ss License I, Sufang Liang, own Perfect Massage, a massage business in the city of Kent, located at 10700 SE 2081h St. I have received notice of the city's intent to revoke my business license for unlawful activity occurring at my business. Evidence of the unlawful activity is documented In Kent Police case #18-14401. I have asked my attorney, Paul Cullen, to act on my behalf in this matter. Initial each statement:,, _pc— I understand I have a right to be heard regarding the revocation of my business license and that a hearing for that purpose has been scheduled for November 28, 2018, at 1:00 p.m. _pc" I waive my right to the hearing and voluntarily surrender my city business license, —pc— By signing this document, I am asking the City Hearing Examiner to cancel my hearing, enter a default and revoke my city business license. _PCI understand that by waiving my right to be heard pursuant to KCC 5.01.140, I am also waiving my right to a subsequent appeal pursuant to KCC 5.01.170(C). —pc— In addition to surrendering my city business license, I also agree not to engage in or associate with any massage, aromatherapy, relaxation or similar business within the city of Kent. _PCI understand and agree that I will forever be prohibited from obtaining a city of Kent business license for a massage or reflexology business. Page 77 of 81 _IN I have had an opportunity to discuss this document with my attorney, Paul Cullen, I have authorized Mr. Cullen to enter into this agreement of voluntary surrender on my behalf. Dated this day of _—, 2018, in , Washington. Paul Cullen I have consulted with my client herein and am authorized to act on his or her behalf and to voluntarily surrender his or her Kent license as well as to undertake not to engage or seek to engage in a similar business in the City of Kent DATED this day of 2018. Paul Cullen Page 78 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit G Hearing Examiner: Phil A. Olbrechts BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN RE: Perfect Massage Business License Appeal Case No. APL 19-0001 EXHIBIT LIST (Clerk's Action Required) TO: THE CITY OF AUBURN; and TO: D. RUTH , Counsel for the City of Auburn. COMES NOW Appellant, by and through counsel of record, Paul Cullen, and respectfully submits the following Exhibit List for the August 21, 2019 Appeal Hearing in this matter. I. EXHIBITS The Respondent endorses the following documents as potential exhibits at trial: 1.1 All documents considered by the City of Auburn in relation to the application and denial of the application herein. EXHIBIT LIST - 1 PAUL CULLEN, PLLC ATTORNEY AT LAW 316 OCCIDENTAL AVE. S., SUITE 500 SEATTLE, WA 98104 Tel: (206) 447-4130 / Fax: (206) 447.6915 Page 79 of 81 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1.2 All documents included in , referring or relating to the City of Kent voluntary relinquishment of the Kent business license of the applicant and Perfect Massage. The applicant reserves the right to offer or endorse any and all exhibits and or witnesses offered by the City. DATED this 7t" day of August 2019. EXHIBIT LIST - 2 PAUL CULLEN, PLLC By: Paul Cullen, WSBA No. 7132 Attorney for Sufang Liang PAUL CULLEN, PLLC ATTORNEY AT LAW 316 OCCIDENTAL AVE. S., SUITE 500 SEATTLE, WA 98104 Tel: (206) 447-4130 / Fax: (206) 447.6915 Page 80 of 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, ANDI KNIGHT, certify that I served a copy of this Exhibit List on the party listed below via email and first-class mail: Doug Ruth City of Auburn 25 W. Main St. Auburn, WA 98001 druth0)-auburnwa.gov Original emailed to HE. Phil A. Olbrechts I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DATED AND SIGNED at Seattle, Washington this 7th day of August 2019. EXHIBIT LIST - 3 Andi Knight, Legal ftsistant PAUL CULLEN, PLLC ATTORNEY AT LAW 316 OCCIDENTAL AVE. S., SUITE 500 SEATTLE, WA 98104 Tel: (206) 447-4130 / Fax: (206) 447.6915 Page 81 of 81