11/03/86 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 3. 1986 PUBLIC HEARING AND APPROVAL OF MASSAGE ESTABLISHMENT LICENSE APPLICATION - L'IMAGE CLASSIQUE (517 EAST JEFFERSON BOULEVARD) Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the Massage Establishment License application of E. Erika Mays, d/b/a L'Image Classique, 517 East Jefferson Boulevard, South Bend, Indiana. The Clerk tendered proofs of publication of Notice of Public Hearing in the South Bend Tribune and the Tri-County News which were found to be sufficient. Ms. Georgia C. Luks, Attorney at Law, 502 West Washington Street, South Bend, Indiana, addressed the Board and stated that she and her client Ms. Erika Mays, 517 East Jefferson Blvd., South Bend, Indiana, were present today for the hearing. Ms. Luks stated that the application before the Board today is a renewal of an existing license and that the principal purpose of the establishment is for the sale of cosmetics rather than for conducting massages. She advised that Ms. Mays demonstrates cosmetics and in doing so does do some massaging of the face. If someone desires a massage, arrangements can be made and a licensed masseuse comes in periodically for this purpose. She stated that Ms. Mays performs make-up and skin care only with requests for a massage occurring approximately two (2) times a month. Ms. Luks stated that Ms. Mays' address is 519 East Jefferson Boulevard and not 517 East Jefferson Boulevard as published in the public Notice of Public Hearing in the newspaper. After inquiry by the Board and Board Attorney Thomas Bodnar it was noted that Ms. Mays' business is conducted in the downstairs section of a building which has two (2) doors which customers may utilize with the addresses 517 and 519 East Jefferson Boulevard. Ms. Mays advised the Board that her clientele consists of many prominent women in South Bend and that the business she runs is decent and not immoral. In response to a question from Mrs. DeClercq inquiring whether or not Ms. Mays' business was presently open to customers, Ms. Mays replied that the massage aspect of the business was not. As it was noted that Ms. Mays did not secure a Massage Establishment License in 1985, Ms. Luks confirmed that Ms. Mays does understand that she must reapply for a Massage Establishment license each year. In response to Ms. Mays earlier comments regarding a masseuse coming in to perform massages, Board Attorney Thomas Bodnar inquired of Ms. Mays if that masseuse was licensed by the City. Ms. Mays stated that the masseuse, Ms. Stevens, was licensed by the City of South Bend. Mr. Vance noted that on the license application, Ms. Mays was listed as the President of the Corporation and inquired if there were other officers. Ms. Luks informed the Board that the corporation is a Delaware Corporation and Ms. Mays is the only officer and holds 100% of the stock. Mr. Leszczynski advised Ms. Luks and Ms. Mays that Fourth District Council Member Ann Puzzello has written a letter to the Board as she was unable to attend the hearing today. Mrs. Puzzello requested that the Board continue the license application for one (1) week for the following reasons: 1. Under A3 zoning, permissible usage is personal services. This is a very broad heading and needs interpretation by the Board of Zoning Appeals. 2. The Building Commissioner has not had enough time to properly complete his report for a new application.