HomeMy WebLinkAboutNS-0985ORDINANCE NS-985 OF THE CITY OF SANTA ANA
AMENDING THE SANTA ANA MUNICIPAL CODE BY
ADDING CHAPTER 6 TO ARTICLE VI THEREOF,
REGULATING BATHS, SAUNA BATHS, MASSAGE
ESTABLISHMENTS AND SIMILAR BUSINESSES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding Chapter 6 to Article VI thereof to read in
words and figures, as follows:
CHAPTER 6. MASSAGE ESTABLISHMENTS
Part 1 - Regulations and Procedures
Section 5610. Definitions.
For the purpose of the provisions regulating baths, sauna
baths, massage establishments and similar businesses hereinafter
set forth, the following words and phrases shall be construed to
have the meanings herein set forth, unless it is apparent from
the context that a different meaning is intended:
(a) MASSAGE
A method of procedures upon the
external parts of the body, consisting
of rubbing, stroking, kneading, or
tapping with the hand or any instru-
ment.
(b) MASSAGE
ESTABLISHMENT
An establishment having a fixed
place of business where any person,
association, firm, or corporation
engages in, conducts, or carries on,
or permits to be engaged in, conducted,
or carried on, any business of giving
Turkish, Russian, Swedish, vapor,
sweat, electric, salt, or any other
kind or character of baths, where
alcohol rub, fomentation, baths,
manipulation of the body or similar
procedures is given.
MASSAGE
TECHNICIANS or
TECHNICIANS
Any person, male or female, who
administers to another person, for
any form of consideration, a massage
alcohol rub, fomentation, bath or
electric massage procedure, manipula-
tion of the body, or other similar
procedure.
Section 67_11. Permit Required.
It shall be unlawful for any person, association, firm, or
corporation to engage in, conduct, or carry on, or to permit to
be engaged in, conducted, or carried on, in or upon any premises
within the city of Santa Ana, the business of a massage establish-
ment or to render, or permit to be rendered, massage services at
a location removed from a massage establishment within the city
of Santa Ana in the absence of a permit issued pursuant to the
provisions hereinafter in this Part set fo£th. Practical nurses or
other persons without qualifications as massage technicians
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or persons not otherwise licensed to practice by the Medical
Practice Act, whether employed by physicians, surgeons,
chiropractors, or osteopaths or not, may not without a
permit issued as herein provided give massages or massage
procedures or services for a fee or other consideration.
Section 6~12. Exceptions.
The requirements of Sectio~ 6~13 ~ et seq. shall have
no application and no effect upon and shall not be construed
as applying to any persons designated as follows: physician,
surgeon, chiropractor, osteopath, or any nurse working under
the supervision of a physician, surgeon, chiropractor, or
osteopath duly licensed to practice their respective pro-
fessions in the State of california, nor shall the require-
ments of Sections 6613 et seq. apply to any treatment
administered in good faith in the course of the practice
of any healing art or professions by any person licensed
to practice any such art or profession under the Business
and Professions code of the State of California or of any
other law of this State.
Section 6613. Application: Fee.
Any person desiring to obtain a permit to operate a
massage establishment or to perform massage services or to
act as a massage technician's aide, shall make application
to the Clerk of the Council who shall refer all such appli-
cations to the chief of Police for an investigation and
recommendation. A non-refundable fee of Twenty-Five Dollars
($25.00) shall accompany the submission of each application,
to defray, in part, the costs of investigation and report.
A permit to perform massage services does not authorize the
operation of a massage establishment. Any person licensed
to perform massage services who desires to operate a massage
establishment must separately apply for a permit therefor.
Section 6613.1. Application: Contents.
Any applicant for a permit shall submit the following
information:
1. The full name and present address of applicant;
The two (2) previous addresses immediately prior to the
present address of applicant, and the dates of residence
at each.
Written statements of at least five (5) bona fide adult
residents of the city of Santa Ana that the applicant
is of good moral character;
4. Written proof that the applicant is over the age of
twenty-one (21) years;
5. Applicant's height, weight, color of eyes and hair;
6. Two recent portrait photographs at least 2" x 2" taken
within the last six months.
Business, occupation, or employment history of the
applicant for the three (3) years immediately preceding
the date of the application;
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o
11.
12.
13.
The business license history of the applicant; whether
such person, in previously operating in this or another
city or state under license, has had such license
revoked or suspended, the reason therefor, and the
business activity or occupation subsequent to such
action of suspension or revocation.
Ail convictions and the reasons therefor;
A certificate from a medical doctor stating that the
applicant has, within thirty days immediately prior
thereto, been examined and found to be free of any
contagious or communicable disease;
Applicant must furnish a diploma or certificate of
graduation from a recognized school or other institu-
tion of learning wherein the method, profession, and
work of massage technicians is taught. The term
"recognized school" shall mean and include any school
or institution of learning which has for its purpose
the teaching of the theory, method, profession, or
work of massage technicians, which school requires a
resident course of study of not less than two hundred
(200) hours to be given in not less than three (3)
calendar months before the student shall be furnished
with a diploma or certificate of graduation from such
school or institution of learning showing the successful
completion of such course of study or learning, or can
show current membership in good standing in the california
Massage Technicians Association or the American Massage
and Therapy Association. Schools offering correspondence
course not requiring actual attendance of class shall
not be deemed a "recognized school". The City of
Santa Ana shall have a right to confirm the fact that
the applicant has actually attended classes in a recog-
nized school for aforementioned minimum time periods.
Such other identification and information as the Police
Department may require in order to discover the truth
of the matters hereinbefore specified as required to
be set forth in the application.
Nothing contained herein shall be construed to deny to
the Police Department of the City of Santa Ana the
right to take the fingerprints and additional photo-
graphs of the applicant, nor shall anything contained
herein b e construed to deny the right of said depant-
ment to confirm the height and weight of the applicant.
Section 6613.2. Facilities Necessary.
No permit to conduct a massage establishment shall be
issued unless an inspection by the City of Santa Ana reveals
that the establishment complies with each of the following
minimum requirements:
A recognizable and legible sign shall be posted at the
main entrance identifying the establishment as a massage
establishment.
Minimum lighting shall be provided in accordance with
the Uniform Building code, and, in addition, at least
one artificial light of not less than 40 watts shall
be provided in each room or enclosure where massage
services are performed on patrons.
3. Minimum ventilation shall be provided in accordance with
the Uniform Building Code.
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Adequate equipment for disinfecting and sterilizing
instruments used in performing the acts of massage shall
be provided.
5. Hot and cold running water shall be provided at all times.
6. Closed cabinets shall be provided which cabinets shall be
utilized for the storage of clean linen.
In any establishment in which massage services are rendered
only to members of the same sex at any one time, such
persons of the same sex may be placed in a single separate
room or the operators of the massage establishment may
elect to place such persons of the same sex in separate
enclosed rooms or booths having adequate ventilation to
an area outside said room or booth while massage services
are being performed.
Adequate bathing, dressing, locker, and toilet facilities
shall be provided for patrons. A minimum of one tub or
shower, one dressing room containing a separate locker
for each patron to be served, which locker shall be capable
of being locked, and a minimum of one toilet and one wash
basin shall be provided by every massage establishment;
provided, however, that if male and female patrons are to
be served simultaneously at said establishment, a separate
massage room or rooms, separate dressing facilities and
separate toilet facilities shall be provided for male and
female patrons.
Ail walls, ceilings, floors, pools, showers, bath tubs,
steam rooms, and all other physical facilities for the
establishment must be in good repair and maintained in
a clean and sanitary condition. Wet and dry heat rooms,
steam or vapor rooms, or steam or vapor cabinets, shower
compartments, and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bath tubs
shall be thoroughly cleaned after each use.
10.
Clean and sanitary towels and linens shall be provided
for each patron of the establishment. No common use of
towels or linens shall be permitted.
11.
A minimum of one separate wash basin shall be provided in
each massage establishment for the use of employees of
any such establishment, which basin shall provide soap or
detergent and hot and cold running water at all times and
shall be located within or as close as practicable to the
area devoted to the performing of massage services. In
addition, there shall be provided ~t ~ach wash basi~; '
sanitary towels placed in permanently installed dispensers.
12. Proof of compliance with all applicable provisions of the
Santa Ana Municipal Code shall be provided.
Section ~613.3. Permit Procedures.
Any applicant for a permit pursuant to these provisions
shall personally appear at the Police Department of the city
of Santa Ana and produce proof to the Police Department that
the twenty-five dollar application fee has theretofore been
paid to the Clerk of the Council of the City of Santa Ana and
thereupon said applicant shall present to the Police Department
the application containing the aforementioned and described
information. The chief of Police shall have a reasonable time
in which to investigate the application and the background of
the applicant. Based on such investigation, the chief of
Police, or his representative, shall render a recommendation
as to the approval or denial of the permit to the City Manages
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The Department of Building Safety and Housing, the Fire
Department, and the Orange County Health Department shall
inspect the premises proposed to be devoted to the massage
establishment and shall make separate recommendations to the
city Manager concerning compliance with the foregoing provisions.
The city Manager, after receiving the aforementioned
and described recommendations, shall grant a permit to the
establishment if all requirements for a massage establishment
described herein are met and shall issue a permit to all
persons who have applied to perform massage services or to
act as aides unless it appears that any such person has delib-
erately falsified the application or unless it appears that
the record of such person reveals a conviction of a felony
or a crime involving moral turpitude.
Any person denied a permit pursuant to these provisions
by the City Manager, may appeal to the City Council in writing
within ten (10) days from said action, stating reasons why the
permit should be granted. The city Council may grant or deny
the permit and such decision shall be final upon the applicant.
Also, the City Council may elect on its own motion to review
any determination of the city Manager granting or denying a
permit. The City Council shall hear the appeal not less than
seven (7) nor more than twenty-one (21) days following the
filing of the appeal.
Ail permits issued hereunder are nontransferable; pro-
vided, however, a change of location of a massage establish-
ment may be permitted pursuant to the provisions herein.
Section ~613.4. Display of Permit.
Every person, association, firm, or corporation to whom
or for which a permit shall have been granted shall display
said permit in a conspicuous place so that the same may be
readily seen by persons entering the premises where the massage,
bath, or treatment is given.
Section 6614. Change of Location.
A change of location of any of the aforementioned and
described premises may be approved by the chief of Police and
city Planner, provided all ordinances and regulations of the
City of Santa Ana are complied with and the change of location
fee of Five Dollars ($5.00) is deposited with the city.
Section 66~15. Unlawful Activities.
It shall be unlawful for any person to massage any
other person, or give or administer any bath or baths, or to
give or administer any of the other things mentioned in this
Chapter for immoral purposes, or in a manner intended to
arouse, appeal to or gratify the lust or passions or sexual
desires. Any violation of this provision shall be deemed
grounds for the revocation of the permit granted hereunder.
Section 6616. Employees.
It shall be the responsibility of the holder of the
permit for the massage establishment or the employer of any
persons purporting to act as massage technicians to insure
that each person employed as a massage technician shall first
have obtained a valid permit pursuant to this Part. No
registered massage technician aide may independently practice
the acts of massage, but he may, as a massage technician aide,
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assist a technician in the acts constituting the practice of
massage under the immediate personal supervision and employ-
ment of a registered massage technician, but such aide may
assist only while the massage technician is personally present
with the patron, and such aide may not perform massage services.
Any massage technician aide shall comply with the
requirements of Section 6413.1.
Section 4617. Inspection.
The Department of Building Safety and Housing, Fire, and
Health Departments shall, from time to time and at least twice
each year, make an inspection of each massage establishment in
the City of Santa Ana for the purpose of determining that the
provisions of this Code are met.
Section 6618. Records of Treatments.
Every person, association, firm, or corporation opera-
ting a massage establishment under a permit as herein provided
shall keep a record of the date and hour of each treatment,
the name and address of the patron, and the name of the techni-
cian administering such treatment. Said record shall be open
to inspection by officials charged with the enforcement of
these provisions for the purposes of law enforcement and for
no other purpose. The information furnished or secured as a
result of any such inspection shall be confidential. Any
unauthorized disclosure or use of such information by any
officer or employee of the City of Santa Ana shall constitute
a misdemeanor and such officer or employee shall be subject
to the penalty provisions of this ordinance, in addition to
any other penalties provided by law. Identical records shall
be kept of treatments rendered off the business site, and, in
addition, shall describe the address where the treatment was
rendered. Said records shall be maintained for a period of
two (2) years.
Section 6619. Name of Business.
No person licensed to do business as herein provided
shall operate under any name or conduct his business under
any designation not specified in his permit.
Section_~6620. Revocation and Suspension of Permit.
No permit shall be revoked until after a hearing shall
have been held before the City Council to determine just cause
for such revocation. Provided, however, the City Manager
may order any permits suspended pending such bearing, and it
shall be unlawful for any person to carry on the business of
a massage technician or to operate as a massage establishment
depending upon the particular type of permit which has been
suspended until the suspended permit has been reinstated by
the City Council. Notice of such hearing shall be given in
writing and served at least five (5) days prior to the date
of the hearing thereon. The notice shall state the ground of
the complaint against the holder of such permit, or against
the business carried on by the permittee at the massage estab-
lishment, and shall state the time and place where such hearing
will be had.
Said notice shall be served upon the permit holder by
delivering the same to such person or by leaving such notice
at the place of business or residence of the permit holder in
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the custody of a person of suitable age and discretion. In
the event the permit holder cannot be found, and the service
of such notice cannot be made in the manner herein provided,
a copy of such notice shall be mailed, postage fully prepaid,
addressed to the permit holder at his place of business or
residence at least five (5) days prior to the date of such
hearing.
Section 6621. Sale or Transfer.
Upon the sale or transfer of any interest in a massage
establishment, the permit and license shall be null and void.
A new application shall be made by any person, firm, or entity
desiring to ~wn or operate the massage establishment. A fee
of Five Dollars ($5.00) shall be payable for each such appli-
cation involving sale or other transfer of any interest in an
existing massage establishment. The provisions of Sections
~613 and 6613.1 of this Chapter shall apply to any person,
firm, or entity applying for a massage establishment permit
for premises previously used as such establishment.
Any such sale or transfer of any interests in an exist-
ing massage establishment or any application for an extension
or expansion of the building or other place of business of
the massage establishment, shall require inspection and shall
require compliance with Section 6613.2 of this Chapter.
~62_~____~pplicability of Requlations to Existing
Businesses.
The provisions of this Chapter shall be applicable to
all persons and businesses described herein whether the herein
described activities were established before or after the
effective date of this ordinance.
Section ~623. Violation and Penalty.
(a) Every person, except those persons who are speci-
fically exempted by this Chapter, whether acting as an individ-
ual, owner, employee of the owner, operator or employee of the
operator, or whether acting as a mere helper for the owner,
employee, or operator, or whether acting as a participant or
worker in any way, who gives massages or conducts a massage
establishment or room, or who gives or administers, or who
practices the giving or administering of steam baths, electric
light baths, electric tub baths, shower baths, sponge baths,
vapor baths, fomentation, sun baths, mineral baths, alcohol
rubs, Russia~ Swedish, or Turkish baths, or any other type of
baths, salt glows or any type of therapy or who does or
practices any of the other things or acts mentioned in this
Chapter without first obtaining a permit and paying for a
license so to do from the city or shall violate any provision
of this Chapter shall be guilty of a misdemeanor.
(b) Any owner, operator, manager, or permittee in
charge or in control of a massage establishment who knowingly
employs a person performing as a massage technician as
defined in this Part who is not in possession of a valid
permit or who allows such an employee to perform, operate,
or practice within such a place of business is guilty of a
misdemeanor.
(c) Any massage establishment operated, conducted, or
maintained contrary to the provisions of this Part shall be
and the same is hereby declared to be unlawful and a public
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nuisance and the city Attorney may, in addition to or in lieu
of prosecuting a criminal action hereunder, commence an action
or actions, proceeding or proceedings, for the abatement,
removal and enjoinment thereof, in the manner provided by law;
and shall take such other steps and shall apply to such court
or courts as may have jurisdiction to grant such relief as
will abate or remove such massage establishments and restrain
and enjoin any person from operating, conducting, or maintain-
ing a massage establishment contrary to the provisions of this
Part.
SECTION II: That this Ordinance shall take effect thirty
days from and after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 3rd day of November, 1969.
MAYOR
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the City of Santa Aha; that the foregoing Ordinance
was introduced to said Council at its regular meeting held on the
20th day of October, 1969, and was again considered by said Council
at its regular meeting held on the 3rd day of November, 1969, and
at said meeting was passed and adopted by the following vote, to wit:
AYES,
COUNCILMEN: Herrin, Brooks, Markel, Evans, Griset
NOES, COUNCILMEN: Patterson, Villa
ABSENT, COUNCILMEN: None
CLERK OF THE COUNCIL
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