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Board of Appeals upholds DPH suspension of Royal Thai Spa permit

San Francisco Board of Appeals · June 13, 2018
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Summary

The San Francisco Board of Appeals denied Royal Thai Spa’s appeal of a 15‑day suspension, finding Department of Public Health inspections showed massage for compensation and unlicensed practitioners on site; the board cited prior violations and photographic/video evidence.

The San Francisco Board of Appeals on June 13 denied an appeal from Royal Thai Spa of a 15‑day suspension issued March 30 by the Department of Public Health (DPH).

DPH counsel Anne Pearson told the board inspectors found customers receiving massages inside the business while no licensed practitioners were present and that ledgers and video evidence indicated massages for compensation. "We know that by their own admission, they said somebody in that video was tipping somebody," Pearson said, noting the customer who was photographed said he paid about $60.

Appellant counsel Christopher Paul argued the establishment was closed by about 8:56–9:00 p.m., that a photographed woman was leaving rather than arriving, and that a student trainee — not an employed practitioner — had wiped oil from a client. Paul said exhibits and video would show the place was closed and there was "no violation of 29.31(g) of the health code" at the cited time.

Senior Inspector Flores and investigator Jorge Montiel testified DPH found the neon sign lit, the front door initially locked, patrons on massage tables and no massage license cards produced by staff. Montiel said investigators photographed ledgers and computer screens as part of routine evidence gathering.

President Frank Fung moved to deny the appeal "on the basis that the department acted properly." Commissioners Anne Lazarus, Daryl Honda and Bobby Wilson voted aye and the motion passed, upholding the department’s suspension.

The board’s decision preserves the 15‑day suspension pending any separate administrative review; commissioners said the record included sufficient contemporaneous inspection evidence and department history of prior violations to support DPH’s action.

Next steps: the matter is concluded at today’s hearing; any administrative rehearing or further procedural filings would follow DPH’s established appeal procedures.