Gay bathhouse 2200 Club pleaded guilty April 12 to a misdemeanor charge of not having a bathhouse permit issued by the county department of health and was placed on three years probation. All charges against the bathhouse’s owner, the building owner and two others were dismissed by a Superior Court judge.

2200 Club, located on University Avenue in North Park, will be allowed to remain open on 15 conditions of probation. San Diego Superior Court Commissioner Robert Rice ordered the club to obtain the required permit. The club has already done so, said attorney John Barriage, who represents the bathhouse.

The bathhouse is now required to have a local health center set up a table weekly in the large TV lounge area to provide health care education, counseling and free HIV testing. The North Park Family Health Center was listed in court records as the agency appointed to provide the service. 2200 Club volunteered to have the health center set up the table as a probation condition, said Bryan Ziegler, the deputy city attorney for the prosecution.

Another probation condition will allow city inspectors to have access to the property with 24-hour notice. Inspectors will be allowed to take pictures to monitor compliance with probation, and will only make visits between 8:00 a.m. and 6:00 p.m.

One condition says 2200 Club “shall not allow persons to be admitted into the club that are not members of the club in good standing.” This requirement reinforces the idea that the club is private and not a public establishment.

No alcohol or drug use by anyone is permitted on the premises. Patrons will not be allowed to bring bags, and “valuables must be locked in individual safety deposit boxes,” according to court records.

The bathhouse, with its private steam, sauna and pool, is also required to comply with all hygiene requirements of the San Diego municipal code. Many of the conditions are ones the establishment is already in compliance with, Barriage said.

2200 Club’s owner, John Tennis Smith, signed the plea agreement and agreed to the conditions in court. The commissioner ordered Smith to pay $1,738.63 in fines and court costs. Of that amount, $538.63 was described as costs from the city’s investigation.

In return, all six misdemeanor charges were dropped against Smith, the building’s owner, Alma Vasic, a consultant, Robert Smith, and bathhouse manager Mark Ernest Carter. The four were charged by City Attorney Michael Aguirre in November with zoning violations.

“All charges were dismissed against my client. She didn’t plead guilty. She didn’t do anything,” said attorney Andy Zmurkiewicz, who represents Vasic. “She owns the building. My client didn’t have anything to do with how the business operated.”

The motion to dismiss was made by the District Attorney’s Office. Ziegler said if 2200 Club violates any terms of the probation conditions, it could be closed depending on how serious the violation is, and that because of the probation conditions, 2200 Club, in general, may have more operating restrictions than other bathhouses.

Almost all of the dismissed zoning violations against the four defendants alleged 2200 Club was an adult entertainment business operating within 1,000 feet of a residential area. One of the charges alleged the bathhouse was within 1,000 feet of F Street Bookstore, which is another adult entertainment business.

Ziegler said the zoning violations were resolved as 2200 Club “agreed not to act as another adult entertainment business.” Ziegler said that a strip club or an adult bookstore is classified as adult entertainment, but 2200 Club is considered a bathhouse. He also said 2200 Club is subject to the Red Light Abatement Act, which states, “Any bathhouse that encourages or permits sexual activity to occur on its premises can be enjoined from operating.” Ziegler said all bathhouses are subject to this law and are encouraged to comply with it, not just 2200 Club.

Barriage had filed a demurrer, a legal challenge to the charges, and he claimed the charges were too vague. In addition, Barriage filed for a lengthy discovery list of 50 items and documents he wanted from the prosecution.

Barriage also had planned to file a motion that alleged the City Attorney’s Office was filing the case in a discriminatory manner. Those motions were never heard after the City Attorney’s Office agreed to dismiss charges against everyone and add 2200 Club as a defendant.

“It’s a complicated case. We settled the case,” Barriage said.

“This has been a bathhouse for 20 years. The city knew what was going on,” he added.

“Our office is very satisfied with the conclusion,” Ziegler said. “We settled prior to the demurrer [being heard]. It just was a good time to settle the case. Both parties mutually agreed to settle the case.”

Commissioner Rice ordered 2200 Club to present proof of the county health permit on May 31. Barriage said he isn’t taking any chances and has already obtained it.