We stood up for the little guy, Business License Commissioner Catherine Eng says

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Commissioner Catherine Eng applauded her colleagues on the Business License Commission in an Instagram post Wednesday, singling out the efforts of Danny Hang in overturning City Hall’s denial of a license for a massage parlor in West Hollywood.

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A post shared by Catherine Eng (@catblcweho)

Here is what she wrote:

At last night’s Business License Committee meeting, the commission took an uncommon stance and overturned the denial of a license from the city. The City’s Staff Report recommended that the license be denied based on the findings of a sheriff’s investigation.

It made sense- when I read the reports, I understood why that conclusion had been reached. The applicant wasn’t properly licensed and had made false claims. But Commissioner Danny Hang stepped in and began to ask questions and dig deeper: Why had false claims been made- deception or a lack of comprehension of things stated in a foreign language? And then he made this statement: ‘This Operator is TRYING to do the right thing, and could continue to operate unregulated but is applying to have a legitimate operation and to be licensed and tax paying within the city.’ All of us understood the wisdom in this statement. We have to stop putting up barriers for people who want to PARTICIPATE.

Unanimously, the Commission voted to overturn the denial and allow this entrepreneur the opportunity to do licensed work in West Hollywood.

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We value the City Staff’s recommendations, always. We also appreciate that the sheriff’s investigation followed the guidelines in which they are told to operate. They ‘followed the book’- That IS their job

AND THEN:

the Commission stepped in to say ‘Wait a minute. Let’s consider the humanity on this situation, let’s absorb the circumstances, let’s not JUST accept this situation on face value’. And we did- or didn’t 🤪

THIS is the spirit of West Hollywood and I was so happy to part of that last night and I credit Commissioner Danny Hang with being the HUMANITY that is the heart of Weho ❣️❣️❣️🌈🌈🌈

7900 Santa Monica Boulevard

THE BACKGROUND

On April 14, 2022, a Massage Parlor Business License Application was submitted by Dongmei Chen, to operate a Massage Parlor, DBA “Lymphatic Dreaming Health & Beauty LLC”, at 7900 Santa Monica Boulevard, Suite 200, in West Hollywood (ATTACHMENT B).

The application required the applicant be fingerprinted and a background investigation be completed by the Los Angeles County Sheriff’s Department.

On August 30, 2022, City staff was notified by Major Crimes Bureau Investigator, Michelle Hauser, of the Los Angeles County Sheriff’s Department (LASD) that the background investigation and in-person interview with the applicant, Dongmei Chen, had been finalized.

Investigator Hauser’s recommendation to the City was to deny the application based on West Hollywood Municipal Code (WHMC) Section 5.122.040 (b)(3) which states, “The applicant has knowingly made a false, misleading, or fraudulent statement of material facts in the application (ATTACHMENT C).”

Please note that after careful review of the reports submitted by LASD Investigator Hauser, City staff identified that WHMC Section 5.08.080 (b)(2) should have been cited as opposed to WHMC Section 5.122.040 (b)(3).

However, the language reflected in both WHMC Sections is consistent and applicable, and more importantly, can be used to deny a business license application. On August 31, 2022, City staff denied Massage Parlor Business License No. MSP-004684 based on the background recommendation made of LASD’s Major Crimes Bureau.

The applicant, Dongmei Chen, was notified the same day of the background investigation results via certified and regular mail (ATTACHMENT D). On September 14, 2022, the applicant submitted an appeal through the City Clerk’s Office. All applicable fees have been paid and the applicant is asking that the Business License Commission review City staff’s decision regarding the denial of the business license. The appeal is based on what the applicant claims to be “inaccurate or unsupported findings and/or inadequate or excessive conditions by the decision-making body, Neighborhood and Business Safety Division” (ATTACHMENT E).

On September 19, 2022, City staff informed LASD Major Crimes Bureau Investigator, Michelle Hauser, of the appeal and requested a more detailed report. On October 24, 2022, City staff received a more detailed report from LASD Major Crimes Bureau Investigator, Michelle Hauser (ATTACHMENT F). The report states that on the Background Information Form, required by the City of West Hollywood and LASD, the applicant stated she has not had ownership in a similar kind of business for which she was applying for a license.

Further investigation by LASD Investigator Hauser revealed that the applicant filed a Schedule C on her 2019 taxes as operating a massage business out of her home.

Additionally, the applicant has been subletting a massage room at 4906 Melrose Avenue, Los Angeles, CA., and has been doing business as “Lymphatic Dreaming”, an unlicensed business from 2021 to present. This business was not listed on her 2021 taxes. The applicant later admitted during an in-person interview with LASD Investigators that she does not possess a city license for that business.

The applicant also revised her Employment History Form three times during the application process and below is a summary of these submissions: • First Submission, June 1, 2022, the applicant listed four businesses that she worked at between September 2016 to June 2021. The applicant was asked to correct the form and provide a complete accounting of previous employment.
• Second Submission, June 27, 2022, the applicant listed Oasis Spa (Lymphatic Dreaming) as her employment from September 2021 to Present.

The applicant’s position was listed as “Sublet Therapist”. On this submission, the applicant removed one of the prior businesses that she had indicated on her previous June 1, 2022, employment form. The applicant was again asked to correct the form. • Third Submission, July 12, 2022, the applicant changed her position at Oasis Spa (Lymphatic Dreaming) from “Sublet Therapist” to “Therapist”. S

he also added three additional places of employment that were not listed on either of the previously submitted employment forms. In addition, LASD Investigator Hauser’s report states that on August 23, 2022, there was an in-person interview with LASD Investigators, a certified translator, and the applicant, Dongmei Chen. Ms. Chen told LASD investigators that she has never operated a massage business. Ms. Chen’s 2019 taxes were shown to her, which clearly revealed that she did in fact operate a massage business. Ms. Chen made several contradicting statements during the interview, stating she usually works for a spa but due to Covid her job got slow and she was trying to make money by operating a home business.

Ms. Chen also admitted to currently working as an “Outcall Massage Therapist” and said she goes to client’s homes, which she does not possess a business license to conduct. LASD Investigator Hauser also found the applicant was issued a citation on November 19, 2015, for providing massages without holding a State license to do so. Based upon the applicant’s purposeful omission of pertinent details from the application, inconsistent statements, and established pattern of operating a massage business without proper licenses, the LASD Major Crimes Bureau recommended denial of the application.

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West
West
2 years ago

Way to to Catherine and Danny! Thank you for listening to massage worker voices (especially immigrant workers) overcoming cultural and regulatory barriers to pursue dignified employment within the City. <3<3

Jordan Cockeram
Jordan Cockeram
2 years ago

I’m so proud of Catherine and Danny (and the rest of the commission, of course) for this is. THIS is what government is supposed to be about. To not just blindly apply laws and ordinances but to take a look at situations individually and make decisions based on what’s best for the community and the residents who live here. Thank you all!

Mikie
Mikie
2 years ago

When Danny Hang, left the DAB, I was really sad to see him go! But I am so proud of the work he is doing on the business licensing commission! I’ve always known he has a big heart and a keen intellect and he looks beyond just the surface when making decisions! They are so lucky to have him as a commissioner and I am so proud to know him!