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<br /> .01.14,' ,.
<br /> ,41.4 004'
<br /> September 10,1986
<br /> . 04 Ii SI 4,
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<br /> COUNCIL BILL NO.868-70
<br /> , II k 4,4,, PIEAL READING:
<br /> I.,'1.,„If 1,1,,Ii AN ORDINANCE providing for the vacation of PortiOne of
<br /> Everett Mall Way.
<br /> 4 1 b Id 4,41. Moved by Councilman Gipson, seconded by Councilman Overstreet that
<br /> this is declared to be the final reading of Council Bill No. 868-70
<br /> 'I 11°I I and the City Clerk is directed to call the roll for the final
<br /> :41;,1 II!III'4 1I disposition of the ordinance.
<br /> AYES: Niva,Stephenson,Gipson,Morrow,Pope,Overstreet
<br /> j1,0 RI.k1 4k4 Iy NAYS: None
<br /> EXCUSED: Gangue
<br /> Ordinance No.1290-86 adopted.
<br /> LICENSE REVOCATION APPEAL
<br /> On April 1, 1986,the Everett City Clerk revoked the Massage Parlor
<br /> '4.4,fl, 42 Business License of the Northwest Health Center. The revocation was
<br /> based on three license code violations that took place,on Peintlary
<br /> 7,February 20 and March 6, 1986. A bearing was held on June 26,
<br /> 1986, before Nekmll Smith, Hearing Examiner, who found that the
<br /> three violations occurred'and recommended to City Council that the
<br /> City of Everett massage Parlor Business License issued to L.E.L.
<br /> ' Investments,a/b/a Northwest Health Center, located at 4210 Rucker
<br /> I'ldillr,lt'if, Avenue,Everett,Washington,be revoked.
<br /> ,,11,,,14,4 , Moved by Councilman Pope,seconded by Councilman Overstreet to adopt
<br /> ,11,1,.,1' 1 the Findings of FaCt,Conclusions of LEW and the Recommendation of
<br /> 4',,,•41141,I0 II the Hearing Examiner to revoke the massage parlor license of L.B.L.
<br /> Investments d/b/a Northwest Eealth Center.
<br /> 'I,1 0 k I,,II k 1,. Richard Brown,Griffin,Burns 6 Burns representing Lo4M0 Sperline,
<br /> opkker of the e Health Center, stated jhat the acts by the emPloYeee
<br /> were outsidthe scope of their employment. The Hearing Examiner
<br /> 01 '1, II. stated that in his judgment the owner,b..Sperline,and the manager
<br /> 1 II' , Mrs. Heinrich, had no knowledge that this activity was taking
<br /> 14.II place. He also stated that the Everett City Code did not comply
<br /> with state statute.
<br /> ,I. Mr.Brown encouraged Council te,reconsider the revocation of this
<br /> license. The owner had no knowledge that these activities were
<br /> I taking place and the employees have been
<br /> Idismissed. Mr.Sperline is
<br /> trying to operate a legitimate business and in Mr.BroWn's opinion 1
<br /> Mr.Sperling has done nothing illegal.
<br /> Pf, I N I,4 III'
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<br /> Councilman Stephenson stated that in his opinion, the employer is
<br /> responsible for the actions of his employees and should provide
<br /> training and inspections of their work.
<br /> lliPr Councilmember Niva stated that one of the employees was not licensed
<br /> with the City and the occurrence 01 01066 incidents within one month
<br /> kl,, 04,,,, . leaves her with little sympathy for the owner's cause. It aPPears
<br /> 14,:01.,1. that this was more than an isolated occurrence.
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