Santa Rosa officials are in the early stages of investigating possible illegal massage businesses

Eight massage businesses in Santa Rosa are under investigation by law enforcement officials responding to growing concerns that the businesses are operating without the appropriate certifications.

The suspicion was confirmed in a series of investigations in February. In one company, not a single employee had the personal certification required by the state to perform massages.

In another case, the business certificate issued by the California Massage Therapy Council did not appear to be an original copy, and the name on the certificate did not match any employee at the business.

This progress in the investigation so far was outlined last month at a public safety meeting where council members, police and code enforcement officers met in the City of Santa Rosa City Council chambers.

“Just like in every case we do, whether it’s massage businesses or working without a permit on a residential property or anything we do, we provide due process,” Senior Code Enforcement Officer Daniela DeBaca said in an interview with The Press Democrat following the meeting. “This is very important.”

DeBaca would not provide additional examples of violations to avoid jeopardizing the ongoing investigation.

But in cases where a massage business has an improper certification, such as a copy instead of an original as required, it could be that the business owners have replicated or forged a license – or there could simply be a lack of knowledge that a photocopy is not permitted. This is not acceptable.

“We can’t make assumptions,” DeBaca said. “That’s part of the investigation.”

DeBaca presented at the April 23 meeting, which was spurred by recent community concerns that an increase in massage businesses could be hubs for illegal activity and potential human trafficking.

She emphasized both at the meeting and to Press Democrat reporters that while the department has issued notices of violations, this is “the very beginning of an investigation.”

After receiving a notice of violation, the business or property owner is given a grace period to correct the problem – sometimes days, weeks or months, depending on the case.

In the meantime, operations are scheduled to cease and compliance officers may drop by unexpectedly to check on cooperation.

DeBaca said April 23 that law enforcement officers had stopped all eight named businesses about three times since the first violation.

During that meeting, about 30 people crowded to listen to Santa Rosa city officials discuss their ongoing investigation and next steps.

How code enforcement works

When communication breaks down, issues are not resolved, or deadlines are missed, code enforcement results in a series of reprimands. From there, officials have a number of options, such as administrative hearings, cease-and-desist notices, and receivership, among others.

In the case of the massage businesses, “this is not the time to decide whether a cease-and-desist letter or other action is absolutely necessary,” said Lou Kirk, assistant chief construction officer for code enforcement.

“We have to give them the opportunity to comply,” he added. “Often the party we are dealing with dictates which direction the case goes. If they are cooperative and do everything we ask, the problem will be resolved and we will close the case.

“If they don’t comply, we go through our tools until we find the one that works. It would be premature to close a company at this time. We haven’t even collected all the evidence yet.”

DeBaca said each of the companies in question has had varying levels of compliance so far. One case has already been closed, but she would not say whether that meant the company was permanently closed or the violations were corrected.

Ultimately, however, it is not up to code enforcement to determine whether illegal activity is occurring at these businesses, DeBaca said. The police have to clarify this.

Patricia Seffens, spokeswoman for the Santa Rosa Police Department, said that while police were present to assist in code enforcement during the investigation, their presence did not mean that law enforcement was conducting its own investigation.

“If (officers) notice something that requires further criminal investigation — evidence of human trafficking — then at that time an investigation would be initiated based on the observations of the officers there,” Seffens said.

Working with Verity – Sonoma County’s only rape crisis and recovery center – officers will ask workers questions about their jobs, the ability to leave the workplace and whether they feel safe.

Police also look for visual signs of illegal activity or human trafficking, such as company living quarters and workers’ clothing and appearance, Santa Rosa police Sgt. Hector De Leon said.