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HomeMy WebLinkAboutNS-1236ORDINANCE NO. NS-1236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 22-4, 22-7, AND 22-8 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO MASSAGE ESTABLISHMENT PERMIT PROCEDURE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 22-4 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 22-4. Application for permit - Submission, 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 chief of police or his designated representative. Prior to submitting such application, such person shall pay a non- refundable fee of twenty-five dollars ($25.00) to the depart- ment of finance, to defray, in part,the costs of investigation and report required by this chapter. The department of finance shall issue a receipt showing that such permit application fee has been paid, which receipt shall be supplied to the chief of police by the applicant at the time of submission of the appli- cation. A permit to perform massage services does not autho- rize 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 there- for. SECTION 2: That Section 22-7 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 22-7. Action on permit application; review of action; transfers restricted. (a) Any applicant for a permit pursuant to these provi- sions 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 ($25.00) application fee has been paid, and thereupon said applicant shall present to the police department the application containing the aforementioned and described information. (b) The department of building safety and housing, the ~ire 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. (c) The city manager, after receiving the aforementioned and described recommendations, shall grant a permit to the es- tablishment 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 deliberately falsified the application or unless it appears that the record of such per- son reveals a conviction of a felony or a crime involving moral turpitude. ORDINANCE NO. NS- 1236 PAGE TWO (d) 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 per- mit. 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. (e) Ail permits issued hereunder are nontransferable; pro- vided however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. SECTION 3: That Section 22-8 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 22-8. Display of permit. Upon the granting of any permit application by the city manager or the city council, the police department shall pre- pare a permit for issuance to and display by the applicant. Each such permit issued shall contain a statement of the pur- pose for which the permit has been granted and an identifica- tion of the applicant, including a recent portrait photograph of the applicant. Every person, association, firm or corpora- tion 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 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect ~he prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordi- nances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case de- posit in lieu thereof, required to be posted, filed or depo- sited pursuant to any ordinance, and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. SECTION 6: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Aha. ORDINANCE NO. NS-1236 PAGE THREE SECTION 7: This Ordinance shall take effect thirty (30) 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 4th day of November , 1974. ATTEST: CLERK OF THE'COUNCIL STATE OF CALIFORNIA ~ COUNTY OF ORANGE ) ss CITY OF SANTA ANA ~ I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its ~egular meeting held on the 14th day of October 1974, and was again considered by said Council at its regular meeting held on the 4th day of November , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Griset, Ward, Markel, Garthe, Yamamoto, Evans COUNCILMEN: None ABSENT, COUNCILMEN: Patterson CLERK OF THE COUNCIL