CITY OF VANCOUVER
SPECIAL COUNCIL MEETING
SEPTEMBER 24, 1996
A Special Meeting of the Council of the City of Vancouver was
held on Tuesday, September 24, 1996, in the Council Chamber, Third
Floor, City Hall, commencing at 10:00 a.m., for the purpose of holding
a Show Cause Hearing with respect to Mass Stress Management Ltd., #104
- 1701 West Broadway.
PRESENT: Mayor Owen
Councillors Bellamy, Clarke,
Chiavario, Hemer,
Price and Puil
ABSENT: Councillor Ip (Sick Leave)
Councillor Kennedy (Sick Leave)
Councillor Kwan (Leave of Absence)
Councillor Sullivan (Sick Leave)
CLERK TO THE COUNCIL: Gail Johnson
COMMITTEE OF THE WHOLE
MOVED BY Cllr. Bellamy,
SECONDED by Cllr. Clarke,
THAT Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair.
- CARRIED UNANIMOUSLY
1. Business License Number 42653
Mass Stress Management Ltd.
Mr. Terry Bland, Corporation Counsel, advised that the purpose of
this Show Cause Hearing was to determine whether or not the 1996
business license as referenced above should be suspended or revoked
pursuant to Section 275 of the Vancouver Charter.
Pre-circulated with the agenda was a copy of the Notice of Show
Cause Hearing dated September 5, 1996 which had been served to the
business address for Mass Stress Management Ltd., and to the
registered principle's residence. It was also served to Mr. James Sun
at his residence by a City Process Server.
Upon determining that the owner or his representative was not
present at the Hearing, it was
MOVED By Cllr. Bellamy,
THAT the Show Cause Hearing proceed in the absence of the owners
of Mass Stress Management Ltd.
- CARRIED UNANIMOUSLY
City Evidence
Mr. Bland submitted copies of the following, which are on file in
the City Clerk's Office:
- Affidavit of Service dated September 16, 1996
- City of Vancouver 1996 Business License for Mass Stress
Management Ltd. issued March 7, 1996
- Company Search for Mass Stress Management Ltd., incorporated
on April 19, 1996 and Mass Acupressure Ltd., incorporated on
October 31, 1994.
Mr. Bland explained that prior to Mass Stress Management Ltd.
operating at #104 - 1701 West Broadway, the business was called Mass
Acupressure Ltd., the principal of which was Mr. James Sun.
Mr. Paul Teichroeb, Deputy Chief License Inspector, advised that
Mass Stress Management's business license lists acupressure as its
business activity, which falls under the health enhancement category.
Acupressure deals with the body's nervous system and is used to reduce
stress and promote body relaxation.
Mr. Bland called Sgt. Wayne Holland, Vancouver Police Department
Vice Unit, as a witness. Sgt. Holland recalled that Crown Counsel,
Dan Moon, had provided him with documents on information uncovered in
1995 which had led to Mr. James Sun, professed agent of the said
premises, pleading guilty in 1996 to a charge of keeping a common
bawdy house. Investigations proved that after a normal body massage,
a "special massage" could be received involving sexual services
provided for a sum that was over and above the regular massage
charge. In response to a question, he acknowledged that in general,
bawdy houses posing as legitimate businesses are a problem in the City
including the peripheral issues arising from these operations such as
the availability of alcohol and drugs, and extortion of legitimate
patrons.
Constable Vivian Fong, Vancouver Police Department, declared that
during the undercover investigation in 1995, she had posed as a
perspective employee of Mass Acupressure, and during discussions with
"James" who identified himself as the owner, about the process and
charges for providing regular massages and "special" massages, he
offered a scale of pay for sexual services. However, he said he did
not want to know what went on behind closed doors. In response to
questions from Mr. Bland, Constable Fong confirmed Mr. Sun had not
asked her for any proof of qualifications as an acupressurist and had
not mentioned the acupressure therapy business. Once she was hired,
there were no normal deductions from her pay.
Mr. Bland questioned Detective Bruce Eburne, Vancouver Police
Department Vice Unit, who confirmed he had been in the said premises
when the business was known as Mass Acupressure Ltd. and the principal
Mr. Sun was present. He also confirmed that Mr. Sun was on the
premises on July 24, 1996, when two undercover officers attended the
business known as Mass Stress Management at the same address. At that
time, Mr. Sun indicated he was only visiting the premises. It was
noted the lobby of the premises was monitored by camera.
Constable Greg Louis, R.C.M.P. Co-ordinated Law Enforcement Unit,
stated that on July 24, 1996, at 18:25 hours, he attended the said
premises, undercover and wearing a microphone so that his team members
could monitor all conversations, to determine whether or not sexual
services were being procured. He gained access after using an
intercom system and observed three well-dressed females in the lobby.
He made up a story of having been referred to the premises to obtain a
"fun" massage. He discussed regular massage service charges with
"James", (copy of business card on file City Clerk's Office) who fit
the previous officers' description and voice of the owner James Sun
and settled for a double session for $79. After showering, he
obtained massages, while wearing only underclothes, from two different
well-dressed women of Asian decent. "Lillie" applied body oil, and
tried unsuccessfully to remove his underwear, she then massaged him
while straddling his back. When he asked for a special "fun" massage,
he was told that did not happen on the first visit and to come back
another time and ask for her. He left the premises at 20:48 hours.
Constable Greg Boggiss, Ports Canada Co-ordinated Police Unit,
reported that on July 24, 1996, at 22:00 hours, he arrived at the said
premises, undercover, and after gaining access using an intercom
system, asked the attendant at the front desk the price for a massage
and a sexual favour. After enquiring if he was a policeman, he was
given information on the price of a massage only, which he paid, and
was admitted to a room with a telephone and shower stall. An Asian
female named "Ginger" dimmed the room lights, massaged him while
pressing her body close to his. When he asked for a sexual favour she
enquired whether or not he was a policeman. He convinced her he was
not and she then accepted $60 to provide him with a sexual activity.
She told him the boss would take $20 out of this amount and she would
keep $40. At this time he heard the police team in the outer office,
the dimmed lights suddenly went brighter although the switch had not
been touched, and a police officer opened the door to "see if
everything was alright". Constable Boggiss then dressed and left the
premises at 23:40 hours. He commented that throughout his dealings
with people at the front counter and with "Ginger", there were no
language barriers and the massage was not similar to any therapeutic
massages he had previously received.
Mr. Bland called on Ms. Ann Hopper, Registered Massage Therapist,
and owner of Advanced Therapeutic Massage at #305 - 1701 West Broadway
to explain her concerns. She stated that the operation of Mass Stress
Management has been detrimental to her business with new patients
accidentally going to #104 and not being advised they were in the
wrong place. Also, people looking for the type of service that Mass
Stress Management offers have mistakenly ended up in her office,
causing her concern over her personal safety and that of her business
associates, especially when working late. Through the front entrance
to Mass Stress Management she has observed pornographic movies on
their T.V., and there often exists offensive smells of cooking,
incense burning and smoking (this is a no-smoking building). All
these activities create an unprofessional and undesirable environment
for other legitimate businesses and their clients. Her business
consists mostly of patients referred by physicians and their visits
are covered by the B.C. Medical plan. There is no regulatory body
governing acupressurists and the employees of Mass Stress Management
are not registered massage therapists.
Dr. C. Bethel, Dentist, explained his practice is located in 1701
West Broadway and he is dismayed by the inappropriate behaviour
exhibited by employees of Mass Stress Management in the lobby of the
building. He also has witnessed inappropriate behaviour in cars in
the parking lot at different times of the day. He agreed with Ms.
Hopper that these activities and this business have had a negative
effect on other legitimate businesses.
Summation
Mr. Bland observed that Council's decision about whether or not
to revoke the license for Mass Stress Management would be based on
Council's belief that this business and the employees have been
engaged in misconduct and are operating in a manner which is
incompatible with the purpose of the license provided by the City of
Vancouver. Consideration should be given to the activities of the
business and how they differ from a regular business of the type it
purports to be, i.e., the intercom and camera monitoring system to
gain access to the premises; the way in which the employees are
dressed; individual room lights which are controlled by a dimmer
switch and a central source in case of unexpected visitors; the
acceptance of money in return for a sexual activity; and the
inordinate concern about police being on the premises.
In response to a question, Mr. Bland explained the investigation
of Mass Stress Management commenced after the Mayor's office received
complaints which were subsequently passed on to the police for
follow-up. Ms. Hopper had also contacted the police to voice her
concerns.
Council Discussion
During discussion, Council explored ways to prevent the business
from continuing to operate under a new name, and was advised that
staff could flag the address so that any future applications would be
referred to Council before issuance of a license. Council also
believed the owners of the building should be more aware of who is
leasing space in the building. It was acknowledged there is no
regulatory body to govern the activities of acupressurists and it was
agreed action should be taken to discourage activities that are not
compatible with the City of Vancouver's business license.
MOVED BY Cllr. Bellamy,
A. THAT the business license for Mass Stress Management Ltd.
for operation of a business at #104 - 1701 West Broadway be
revoked.
B. THAT the owner of the building at 1701 West Broadway be
advised of the Show Cause proceedings and results with
respect to the business license for Mass Stress Management
Ltd., with a request from the City that in future, the owner
be more aware of who is leasing or renting offices in this
building.
C. THAT the Director of Permits & Licenses ensure that any
future applications for a business license for the premises
at #104 - 1701 West Broadway, of the same type as presently
held by Mass Stress Management Ltd., be referred to Council
before being granted.
- CARRIED UNANIMOUSLY
Mr. Bland thanked the members of the various Police departments
for their co-ordinated efforts in bringing this matter before Council.
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF THE COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
The Special Council meeting adjourned at 11:35 p.m.
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