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Massage business owners found to be in violation of a Warsaw ordinance in October now will have to pay a minimum of $1,500 per charge, following a decision made by the Board of Works Friday.
Mayor Ernie Wiggins, Jerry Patterson and Charlie Smith assigned penalties to three business for building code illegalities discovered during inspections by Warsaw Police Department detectives.
Smith moved to assign a $2,500 fine for charges regarding employees found without proper city permits, as well as $1,500 for all other charges discovered, including such violations as improper electrical outlets, price discrepancies, lack of hot water in a business and locks existing on interior doors.
"I believe not having a proper permit rises to the highest level in regards to fines," Wiggins said. "We gave businesses adequate time to prepare for the ordinance requirements."
With all fines considered, board members voted to approve the $2,500 and $1,500 penalties by a vote of 2-1. Patterson voted in opposition of the motion.
"I voted to disagree with the amount of the fines only," Patterson said. "I believe some of the fines are excessive."
All assigned penalties can be appealed by owners to the circuit or superior courts.
Cathy Campagnari, of Comfort Zone, received four penalties totaling $7,000. Illegalities in permits, outlets, pricing and lock misuse were all admitted to by Campagnari during a Dec. 9 BOW meeting.
Dating Dynamics came into the meeting with four charges, but the board dropped a count of an employee without a permit stating not enough evidence could prove Kelly Phelps was employed by the company during an Oct. 12 inspection.
"(The board) needs to consider whether she was working in the capacity of massage work," city attorney Mike Valentine said. "Employees not conducting massage work do not require a permit."
With the Phelps violation dismissed, Janette Fairchild, owner of Dating Dynamics, will be fined a total of $4,500 for lock misuse, lack of hot water and improper electrical outlets.
Fairchild introduced a motion for injunction to Valentine, which was not introduced during Friday's meeting. According to Valentine, Fairchild has yet to have the paperwork properly filed with federal court. Further action by both sides will be taken if and when the motion is registered.
Dee's International House of Massage received $7,000 in charges consisting of a permit violation, improper pricing and lock and outlet misuse.
N'Deye Sarr admitted to all charges during last week's BOW meeting.
All businesses are now responsible for payment of the fines within the next 30 days. Valentine reported that if companies fail to meet the payment deadlines, another session is likely to take place.
