Planning Commission revokes massage parlor’s 24-hour use permit

Paul Takahashi

Gui Fang Guo (far right), owner of Macau Health Spa and Massage in Paradise, listens to her attorneys Vicki Greco and Peter Cleary as they argue against Las Vegas Metro police detectives Barry Reinink and Cindy May (far left and back).

By Paul Takahashi

Wednesday, Oct. 6, 2010 | 2:05 a.m.

A massage parlor with a history of run-ins with the police had its 24-hour use permit revoked by the Clark County Planning Commission on Tuesday night.

Macau Health Spa and Massage, 4300 W. Spring Mountain Road, has been in the commissioners’ crosshairs since October 2007 when, Metro Police Detective Barry Reinink said, owner Gui Fang Guo was arrested on suspicion of solicitation of prostitution.

No charges, however, were ever filed and the case was dropped, attorneys for Guo said.

Three subsequent arrests involving Macau employees have been documented between 2007 and 2009, police said. But attorneys for Guo say records of those arrests have been sealed and the disposition of the cases is not known.

Because of a recent change in the law that ended 24-hour use permits for new businesses, the Planning Commission has assumed the authority to revoke permits for grandfathered massage parlors with a pattern of unlawful activities.

But attorneys for Guo say no such pattern has been demonstrated, and the commission’s actions are based on mere allegations.

Guo’s attorneys said the district attorney’s office found no probable cause to pursue charges in Guo’s case, dismissing it.

Furthermore, they argued, because the records of the other arrests have been sealed, the burden is upon Metro to prove a pattern of unlawful activities.

“My client’s due process rights are being trampled upon by overzealous officers,” said attorney Vicki Greco. “We have been vehemently trying to get these documents, and they [Metro] have been vehemently trying to hide it.”

Attorney Peter Cleary said the Planning Commission’s ruling shows “the commission can’t assess individual cases anymore. They just went with their overall impression of these businesses.”

Planning Commission Chairman Ron Newell said the 24-hour use permit was a “privilege license” that could be revoked.

The commissioners voted to allow Macau to continue its operations but only between the hours of 8 a.m. and 9 p.m.

“Metro doesn’t come to these meetings often,” Commission Vice Chairman Cliff Marshall said. “When Metro shows up, we take them seriously. I think a pattern has been established.”

Greco said the commission’s power under the code change allows the county to “go after” massage establishments operating 24 hours.

“The county doesn’t want 24-hour massage places,” she said. “We’re living in a 24-hour town. A 24-hour town needs to offer 24-hour activities, not just for patrons but for workers.”

Guo will have five business days to appeal the commission’s decision. If she does not, the business will come up for review in July 2011, at which time Macau can appeal to have its grandfathered 24-hour permit reinstated.

However, Greco said, by that time, it might be too late for her client.

“This woman will not be in business by next year,” she said. “Taking away her 24-hour license based on allegations is affecting her livelihood and her due process.”