reason, dph determined there was not a violation, they be that would not be a violation trigger perarticle 29. now, even if that would have happened, if -- if planning department had been informed of the operations of that site, there's still a chance that that massage establishment could have been determined to be in violation of the planning code. >> no, i get it. that's why we're here, because the question is we don't know that at that point because a process was skipped and the owner's right of due process was overlooked. >> well, there was no process skipped, per se. even if the owner had been hand delivered, the business owner could have decided to settle without a hearing. it's their decision because they're the ones in violation and subject to the controls or regulations of health code. >> okay. thank you. >> sure. >> is public health going to present, also? >> i think they're just here for questions. >> here for questions? >> can we ask about that? >> can we ask public health our question now or should we have it during deliberations? >> might as well ask it now. >> do i have to r

so just generally speaking, perarticle 5.8, they're supposed to follow all applicant parking restrictions and regulations as established by mta, and if there are time limits on the meters, they're supposed to be following those time limits, as well, so the enforcement would either have to come from mta or public works, whichever side kind of gets that notification first to go out and enforce that. they should not be in loading zones. the loading zones would only be for like temporary private catering events, and if the fronting business is sponsoring a private catering event, but they would get a separate occupancy permit from us. in no case should they be in loading zones. if something gets painted at a later time, there is an article in 5.8 where we work with the applicants to try to secure a comparable location or similar location. >> and second question, does dph handle the restaurant applications, as well? >> yeah. i believe dph can answer, but my understanding is they do handle all restaurant applications. >> okay. i'll save my questions for them. thank you, mr. shaw. >> thank you.