Board denies rehearing for Sunflower Spa after DPH evidence on unlicensed practitioners

The Board of Appeals on Sept. 15 denied a rehearing request from the permit holder at Sunflower Spa, 450B Jones Street, upholding a prior administrative decision to revoke the massage establishment permit after the Department of Public Health and law enforcement witnesses described evidence of unpermitted practitioners and storage areas used for housing.

Counsel for the permit holder, Christopher Hall, told the board the appellant was surprised by a July complaint about prostitution that was referenced at the prior hearing and argued the testimony about people living in a storage room was not supported by administrative witnesses. Deputy City Attorney Terrence Howzell, representing DPH, pointed the board to the transcript and exhibits, saying multiple witnesses described pillows, blankets, televisions and other indicia that suggested people had been living in the storage room; he urged denial of the rehearing request because no new material facts had been presented.

Commissioners discussed whether the July complaint was new rebuttal evidence and whether admitting post-hearing materials was proper in a de novo review. After deliberation the board voted 4-0 to deny rehearing. The findings and revocation remain in effect; the board recorded its reasons on the record.