Board reduces CEO Health Club massage-permit suspension from 90 to 60 days over procedural concerns

The Board of Appeals on Jan. 16 reduced a 90‑day suspension of CEO Health Club’s massage-establishment permit to a 60‑day suspension, after hearing contested arguments over procedural defects in the Department of Public Health hearing record and repeated violations documented by DPH and police.

Appellant counsel argued the DPH hearings provided insufficient advance notice (12 days versus the 20 days required by the health code), lacked sworn testimony and adequate translation assistance for non‑English speakers, and presented material that the appellant said was dismissed in criminal proceedings. Counsel also raised a new argument that the presence of California‑certified massage practitioners might place some activity under the state regulatory scheme. DPH’s deputy city attorney responded that state law (Business & Professions Code provisions cited in hearing) does not preclude local health and safety regulation and that DPH retains authority to suspend or revoke local permits for on‑premises violations.

DPH’s inspector presented a history of multiple violations including unlicensed practitioners and alleged illegal activity; the hearing officer relied on sworn police reports as administrative evidence. After deliberation the board weighed the seriousness and recurrence of violations against due‑process concerns about the departmental hearing and voted to reduce the suspension to 60 days to reflect procedural questions while recognizing enforcement necessity. The board’s modified suspension passed 4‑0.