09/04/84 Board of Public Works Minutes

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353 REGULAR MEETING SEPTEMBER 4, 1984 Mr. Burt Ford, residing at 1512 Wildflower, South Bend, Indiana, and practicing law at 1800 Valley American Bank Building, South Bend, Indiana, was present and advised that he is a member of The First Presbyterian Church. He stated that he has reviewed the application of the Japan Oriental Health Spa and under the Section entitled CONVICTIONS the applicant stated N/A which he considered inappropriate. He stated that if there were no convictions the answer should have been NONE and therefore it is his opinion that the application is not in compliance with the ordinance requirements. In response to Mr. Ford's comments regarding the answer of N/A listed on the application as not being an appropriate response, Mr. Hill advised that as part of the normal process of review of these applications, the Board of Public Works initiates on its own a police records check of the applicant which is an independent review of the applicant's information. Dr. Philip J. Sorensen, 1506 Woodmont, South Bend, Indiana, Pastor of The First Presbyterian Church, addressed the Board and stated that he would second all those comments made by members of the Church. He stated that the potential use of the establishment for prostitution or illicit sexual behavior would be impossible for the Police Department to monitor and as these establishments have a history of this kind of conduct it would have a very negative impact in South Bend. There being no one else present wishing to speak either for or against the above referred to application for a Massage Establish- ment, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing on this matter was closed. Mr. Hill stated that the Board appreciates all of the comments that have been made today. He stated that in particular areas this Board has broad discretion and in others it does not. He stated that the Board must look at the zoning requirements and other licensing procedures. Even though Board members might agree with the negative impact this type of establishment may have in South Bend, if the application is to be denied, the Board must have a basis for the denial that can be legally sustained. He stated that he is very sensitive to the points that have been raised but the Board must limit its inquiry to the provisions that are based in the licensing process. He stated that a police check on this applicant has been provided by the Assistant Chief of Police and that%as of August 15, 1984, the applicant had no record with the South Bend Police Department. Based on reference having been made to the conduct of the -applicant in other communities, Mr. Hill suggested that the Board continue the matter of this applica- tion for Massage Establishment submitted by Jin Sung Chung and take it under advisement until further information can be obtained as to what has been the history in other communities listed on the application in which the applicant has had operations. He stated that further information under the existing ordinance should be considered by the Board. Therefore, upon a motion made by Mr. Hill, seconded by Mr. Vance and carried, the Massage Establishment License application of Jin Sung Chung to operate the Japan Oriental Health Spa at 229 North Lafayette Boulevard, South Bend, Indiana, was taken under advisement until further information regarding the history of the applicant can be obtained through the Police Department. PUBLIC HEARING - LICENSE APPLICATION FOR MASSAGE ESTABLISHMENT FOR KIN JA ORIENTAL HEALTH SPA, 932 EAST IRELAND ROAD. This was the date set for the Board's public hearing on the applica- tion for a Massage Establishment submitted by Sonia Scheibe to operate a Massage Establishment at 932 East Ireland Road. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient.