FORSYTH COUNTY, Ga. — The Forsyth County Board of Commissioners voted March 16 to retroactively revoke a massage parlor’s business license that had expired at the end of last year.
At an administrative hearing, commissioners revoked the massage and spa license of Fengxia Yao, who once owned Sunset Massage on Peachtree Parkway. Yao sold the business sometime last year to Ming Hu before her license expired on Dec. 31, 2021. The sale came some three years after the Forsyth County Sheriff’s Office charged Yao with allowing certain sex acts for hire in the business after a 2018 sting operation.
The March 16 revocation by the commission means that Hu, the current owner, will be unable to operate the massage parlor until 2025.
County code states the sheriff’s office will deny issuing a massage and spa license if the county has revoked a license for the same location in the previous three years.
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Speaking to commissioners, Yao’s lawyer, Logan Butler, argued that retroactively suspending Yao’s license and consequently restricting Hu’s ability to operate the business was unconstitutional. Butler noted that Hu was not present to speak on his behalf at the hearing, but Brandon Bowen, the lawyer representing the county, said Hu had been notified of the hearing in advance and could have chosen to attend.
Bowen said the 2018 charge was not processed in court until 2021 because of the pandemic. During the litigation, Yao presented the court with a bill of sale between her and Hu dated June 23, 2021. The judge dismissed the charge on July 7 because Yao would no longer be operating the business.
Sunset Massage has had more recent run-ins with the law.
Sgt. Jennifer See testified the sheriff’s office conducted a compliance check at the establishment on Sept. 22, 2021, then an undercover operation eight days later. She said the office found four code violations and one instance of a sex act for hire during the visits.
The county’s lawyer says Yao was still operating the business during the September sting, and she and Hu had not declared the sale to the sheriff’s office. See said the office did not receive notice of the sale until Oct. 7, 2021, one week after the sting and around four months after the bill of sale was dated. She also said Yao was present at the business during the September undercover operations and her massage license was displayed on the wall.
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Bowen accused Yao and Hu of intentionally not giving the sheriff’s office notice of the change in ownership “in an effort to evade the ordinances of the county and to engage in criminal activity.”
Butler said Yao faced difficulties in selling the parlor but had notified the county and the sheriff’s office when she was required to.
Commissioners voted 4-0 to suspend Yao’s license. Commissioner Molly Cooper was not present at the hearing.