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Board upholds revocation of Sunflower Spa massage permit after repeated violations

San Francisco Board of Appeals · August 11, 2010
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Summary

The Board of Appeals unanimously upheld the Department of Public Health's revocation of Sunflower Spa's massage establishment permit, finding multiple solicitation citations, unpermitted practitioners and hidden rooms supported revocation rather than suspension.

The San Francisco Board of Appeals voted unanimously on Aug. 11 to uphold the Department of Public Health’s decision to revoke the massage establishment permit for Sunflower Spa at 450 B Jones Street.

Deputy city attorney Terrence Howzel and DPH counsel outlined a multi‑year record of citations and inspections: three separate prostitution solicitation incidents, repeated notices from the police and health department, evidence of concealed rooms and multiple instances where practitioners were on site without permits. Howzel told the board the hearing officer’s decision laid out a series of "rungs" that justified revocation rather than lesser penalties.

Appellants and counsel argued the spa had remedied prior problems, terminated managers and cited recent compliance, proposing suspension and conditions as an alternative to revocation. Owner Jo (Jo Aimen as identified at the hearing) asked for leniency, noting economic investment and job impacts. Appellate counsel argued that some prior criminal charges were not prosecuted to conviction and that the operator has taken corrective steps.

DPH and task‑force witnesses described conditions documented during inspections — including concealed rooms with mattresses and evidence of human‑treatment concerns — and said revocation was warranted by the cumulative record and public‑safety implications. The hearing officer had recommended revocation after concluding prior orders and notices failed to yield sustained compliance.

The board adopted the hearing officer's findings and voted 4–0 to uphold revocation. The decision ends Sunflower Spa’s ability to operate under the existing permit; the board incorporated the hearing officer’s findings into its determination.