stating the services that you are able to at this massage parlor and on july 27, 2012 i was trailing edward walsh in a inspection and i did see lam on the massage parlor having sexual intercourse with ma . >> i would like to point out that miss lam's counsel does not address. she is certified by the state and there is nothing to prevent her from practicing her craft without city regulation at this point. and the department would like this upheld because she in fact for some reason loses her state certification and although it is good for two years. and then she would come under the regulation of the san francisco ordinance at this point, there is perhaps, you would be serving her suspension concurrently with her state license, but why her attorney has not advised her of that she would be earning a living. >> do you have a response to the position of the appellant that based on the deposition that this is an off duty conduct not to be controlled or governed by any of the provisions on the permit? >> yeah, i did not handle the first part of this case but i have seen no evidence offered that in fact