By MARK SARDELLA
WAKEFIELD – Two “bodyworks” establishments were in front of the Board of Health last night for hearings related to operating without a proper permit from the town and other issues.
One of the two establishments before the Health Board last night, “Be Your Own Light Spa” at 602 Main St., will not be able to operate in town going forward after the board upheld the previous cease and desist order and denied its application for a permit.
The other establishment, Green Spa at 446 Main St., had its case continued but must remain closed will not be allowed to re-open until its license issues and other matters are resolved.
“Bodyworks” is generally defined as therapeutic touching or manipulation of the body by using specialized techniques. The Wakefield Health Regulations include a long list of specialized disciplines that are included under the “bodyworks” category. Massage is separately regulated by the state.
Before any evidence was presented, the attorney for Green Spa, Jack Milgrim, requested a continuance of the hearing. He said that his client, Shuying Du, would like to apply for a variance which might clear up some of the pending issues.
But Health Director Anthony Chui pointed out that Green Spa was ordered to close due to operating without a permit and a “variance” would correct that issue. He further noted that only active permit holders can apply for a variance and Green Spa does not currently have a permit to operate.
But Milgram repeatedly insisted that in the nine years that Green Spa has been in town there have been no problems at the business. He insisted that his client had “earned the benefit of the doubt.”
Chui said that the denial of the license for Green Spa was issued on Feb. 9. One issue was operating without a permit. A Health Department inspection on Feb. 2 found Green Spa to be open and operating, even though their permit had expired on Dec. 31. The other issue involved concerns over sexually suggestive online advertising that appeared to offer questionable services. The formal denial of the permit renewal on Feb. 9, was based on the aforementioned issues as well as an incomplete renewal application.
Chui noted that the owner was issued several reminders to renew the license, although Milgram claimed that his client never got those reminders.
Board of Health Chair Laurel Gourville noted that the more egregious concern was the sexually suggestive advertising.
Milgram cited his client’s inability to read English and claimed that she didn’t understand the ads that were created. If allowed to re-open, he said, such ads would no longer be used.
Board of Health member Candace Linehan moved to uphold the cease-and-desist order and deny the permit, which would mean the establishment would not be able to renew its permit and the only appeal of the decision would be through the courts.
The lawyer for Green Spa again pleaded for a continuance.
Gourville said that she so no harm in a continuance since Green Spa would have to remain closed until the matter was resolved one way or the other.
The board voted to continue the hearing to its next meeting, although no date was set.
Moving to the case involving “Be Your Own Light Spa,” Chui told the board that the establishment had been advertising bodyworks services without either a local permit or a massage license from the state.
An inspection was conducted on Jan. 29 and the establishment was found to be open and servicing one customer. One employee admitted to sleeping overnight on the premises, which is also a violation.
Chui said that he paid another visit to the business on Feb. 6 and confronted a customer leaving the establishment who said that he had just received a 30-minite back massage, even though the business still had no permit and had been fined $1,000 by the state agency that regulates massage.
Based on the above, Chui said the Health Department did not consider Be Your Own Light to be operating safely.
An interpreter said that owner Xinyun Liu did not speak English. He said that before opening, Liu went to Town Hall and got a business certificate and was told that was all she needed. He said that a friend erroneously included “massage” in the advertising created for the business. He claimed that the man who got the back massage on Feb. 6 was a friend of the staff who had hurt his back.
Board of Health member Elaine Silva noted that three different agencies have seen problems with Be Your Own Light and many requirements were not followed.
Silva made the motion to uphold the cease-and-desist order and deny the permit based on failure to obtain a permit and continuing to operate after being ordered to cease and desist.