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HomeMy WebLinkAboutNS-1335ORDINANCE NO. NS- 1335 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 22-1 THROUGH 22-15, AND REPEALING SECTIONS 22-16 THROUGH 22-18 RELATING TO THE REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 22-1 of the Santa Ana Munici- pal Code is hereby amended to read as follows: Section 22-1. Definitions Unless the particular provision or the context other- wise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter. (a) "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar prepara- tions commonly used in this practice. (b) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or com- bination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as the principal functions. (c) "Massage technician" means any person who, for any form of consideration whatsoever, gives or admin- isters to another person a "massage" as defined or baths as the principal function. (d) "Recognized school of massage" means any school or institution of learning which teaches the theory, ethics, practice, profession, or work of massage, which school or institution has been approved pursuant to the California Education Code and which requires a resident course of study of not less than one thousand (1,000) hours to be given in not less than six (6) calendar months before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. The City of Santa Ana shall have a right to confirm that the applicant has actually attended class in a recognized school. SECTION 2: That section 22-2 of the Santa Ana Munici- pal Code is hereby amended to read as follows: Section 22-2. Massage Establishment Permit Required ORDINANCE NO. NS- 1335 Page two It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana, the business of a massage establishment without a permit issued pursuant to the provisions of this ordinance for each and every such massage establishment. SECTION 3: That section 22-3 of the Santa Ana Munici- pal Code is hereby amended to read as follows: Section 22-3. Massage Establishment Permit (a) Any person, corporation or partnership desiring to obtain a permit to operate a massage establish- ment shall make application to the Chief of Police or his designated representative. Prior to submit- ting such application a nonrefundable fee of two hundred dollars ($200) shall be paid to the Depart- ment of Finance to defray, in part, the cost of in- vestigation and report required by this ordinance. The Department of Finance shall issue a receipt show- ing that such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (b) The application for permit does not authorize conducting a massage establishment business until such permit has been granted. (c) Each applicant for a massage establishment permit shall furnish the following information: (1) The full true name and any other names used by the applicant. (2) The present address and telephone number of the applicant. (3) The previous addresses of applicant, if any, for a period of three (3) years immediately prior to the date of the application and the dates of residence at each. (4) Acceptable written proof that the applicant is at least eighteen (18) years of age. (5) The applicant's height, weight, color of eyes and hair, and date of birth. (6) Two photographs of the applicant at least two (2) inches by two (2) inches taken within the last six months. (7) Business, occupation or employment history of the applicant for the three (3) years im- mediately preceding the date of application. (8) The business license history of the appli- cant and whether such applicant, in previously operating in this or any other city, state or territory 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. ORDINANCE NO. NS- 1335 Page three (9) Ail convictions, including ordinance viola- tions, exclusive of traffic violations, stating the dates and places of any such convictions. (10) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. If the applicant is a partnership, the appli- cant shall set forth the name, residence address and dates of birth of each of the part- ners, including limited partners. If the appli- cant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or part- nership shall designate one of its officers or general partners to act as its responsible manag- ing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this ordinance, but only one application fee shall be charged. (11) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement. (12) Such other identification and information, including written waivers pursuant to the Educa- tion Code, 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. (13) The Chief of Police may require the applicant to furnish fingerprints when needed for the pur- pose of establishing identification. (d) The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the Police Department of the City of Santa Ana and produce proof that the two hundred dollar ($200) application fee has been paid and shall present the application con- taining the aforementioned and described information. (e) The Chief of Police shall have a reasonable time in which to investigate the application and background of the applicant. The Chief of Police or his repre- sentative shall render a recommendation as to the approval or denial of the permit to the City Manager. The Department of Building Safety and Housing, the Fire Department and the Orange County Health Depart- ment shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the City Manager concerning com- pliance with the foregoing provisions. The proprietor of such establishment shall pay a fee established by resolution of the City Council to the County Health Officer as reimbursement for the County Health Officers' Public Health and Sanitation Services for said inspec- tion. ORDINANCE NO. NS- 1335 Page four (f) The City Manager, after receiving the application and aforementioned recommendations, shall grant the permit if he finds: (1) The required fee has been paid. (2) The application conforms in all respects to the provisions of this ordinance. (3) The applicant has not knowingly made a material misrepresentation in the application. (4) The applicant has fully cooperated in the inves- tigation of his application. (5) The applicant if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within five (5) years prior to the application filing date been con- victed in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code section 290, or of conduct which is a violation of the provisions of California Penal Code sections 314, 315, 316, 318, 647(a), 647(b), 647(d) or 647(h), or any crime involving dishonesty, fraud, deceit, or moral turpitude. (6) The applicant has not had a massage establishment permit or massage technician permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five (5) years prior to the date of applica- tion. (7) The massage establishment as proposed by the appli- cant would comply with all applicable laws, including but not limited to, health, zoning, fire and safety requirements and standards. (8) The applicant is at least eighteen (18) years of age. (g) Any person, corporation or partnership denied a permit by the City Manager pursuant to these provisions may appeal to the City Council pursuant to Chapter 3 of the Santa Ana Municipal Code. SECTION 4: That section 22-4 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-4. Massage Technician Permit Required It shall be unlawful for any person to act as a massage technician unless such person holds a valid permit issued by the City of Santa Ana pursuant to the provisions of this ordinance. SECTION 5: That section 22-5 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-5. Massage Technician Permit (a) Any person desiring to obtain a permit to act as a massage technician shall make application to the Chief of Police or his designated representative. Prior to sub- mitting such application a nonrefundable fee of one hun- dred dollars ($100) shall be paid to the Department of ORDINANCE NO. NS- 1335 Page five Finance to defray, in part, the cost of investigation and report required by this ordinance. The Department of Finance shall issue a receipt showing that such permit application has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (b) The application for permit does not authorize act- ing as a massage technician until such permit has been granted. (c) Each applicant for a massage technician's permit may furnish all the information required by section 22-3(c) (1) through 22-3(c) (9) of this ordinance, and shall in addition furnish the following information: (1) A certificate from a medical doctor licensed to practice in the S~ate of California, stating that the applicant has within thirty (30) days immediately preceding the date of application been examined and found to be free of any contagious or communicable disease. (2) A diploma or certificate of graduation from a "recognized school," if any. (3) The massage establishment, if any, at which the applicant expects to be employed. (4) Such other identification and information, in- cluding written waivers pursuant to the Education Code 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 appli- cation. (5) The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. (d) The Chief of Police shall have a reasonable time in which to investigate the application and background of the applicant. The Chief of Police or his representative shall render a recommendation as to the approval or de- nial of the permit to the City Manager. (e) The City Manager, after receiving the application and aforementioned recommendation, may grant the permit if he finds in accordance with sections 22-3(f) (1) through 22-3(f) (6), and in addition finds: (1) The applicant has furnished an acceptable medical certificate in compliance with this ordinance. (2) The applicant has furnished an acceptable diploma or certificate of graduation from a "recognized school" or in lieu thereof has demonstrated competence and proficiency to the satisfaction of the City Manager through continuous experience as a massage technician for a two (2) year period prior to the effective date of this ordinance, or is an active member in good standing in the California Massage Technicians Association or the American Massage and Therapy Association. ORDINANCE NO NS-1535 Page six (3) The applicant has not had a massage establish- ment permit or a massage technician's permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five (5) years prior to the date of application. (4) The applicant is at least eighteen (18) years of age. (f) Any person denied a permit by the City Manager pur- suant to these provisions may appeal to the City Council pursuant to Chapter 3 of the Santa Ana Municipal Code. SECTION 6: That section 22-6 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-6. Exemptions The provisions of this ordinance shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: (a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California. (b) Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California. (c) Nurses registered under the laws of the State of California. (d) Barber shops and beauty parlors, barbers and beauti- cians who are duly licensed under the laws of the State of California when engaged in such practice within the scope of their license. (e) Accredited high schools and colleges, and coaches and trainers therein while acting within the scope of their employment. (f) Trainers of any amateur, semi-professional or pro- fessional athlete or athletic team. SECTION 7: That section 22-7 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-7. Massage Establishment Facilities Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign: Subject to applicable ordinances, a recogniz- able and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment. (b) Lighting: Minimum lighting shall be provided in accord- ance with Article 220 of the National Electric Code, and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclo- sure where massage services are performed on patrons. (c) Ventilation: Minimum ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code. ORDINANCE NO NS-t335 Page seven (d) Equipment: Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (e) Water: Hot and cold running water shall be provided at all times. (f) Linen Storage: Closed cabinets shall be provided for storage of clean linens, and approved receptacles shall be provided for storage of soiled linen. (g) Separation of Sexes: If male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms, separate dressing facili- ties and separate toilet facilities shall be provided for male and female patrons, and each such separate facility or room shall be clearly marked as such. (h) Bathing, Dressing, Locker, Toilet Facilities: 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 two toilets and two wash basins in separate rooms, one for males and one for females, shall be provided for every massage establishment. (i) Facilities for Employees: 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 perform- ing of massage services. In addition, there shall be pro- vided sanitary towels in permanently installed dispensers at each wash basin. (j) Compliance with Code: Proof of compliance with all applicable provisions of the Santa Ana Municipal Code shall be provided. SECTION 8: That section 22-8 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-8. Massage Facilities Operation Every massage establishment shall comply with the follow- ing operating requirements. These requirements shall be prominently and publicly displayed in a conspicuous place upon every premises operating under the provisions of this ordinance. (a) Each person employed or acting as a massage technician shall have a valid permit issued by the City of Santa Ana, and it shall be unlawful for the owner, operator, respon- sible managing employee, manager or permittee in charge of or in control of the establishment to employ or permit a person to act as a massage technician as defined in this Code who is not in possession of a valid unrevoked massage technician's permit. (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7:00 a.m. and 12:00 midnight. ORDINANCE NO. NS-1335 Page eight (c) A list of services available and the cost of such services shall be posted in an open, public place on the premises, and shall be described in readily under- standable language. No owner, operator, responsible managing employee, manager, or permittee shall permit, and no massage technician shall offer to perform any services other than those posted. (d) The massage establishment permit, and a copy of the permit of each and every massage technician employed in the establishment, shall be displayed in an open and conspicuous place on the premises. (e) Every permittee operating a massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the employee administering the treatment and the type of treatment administered. Such records shall be open to inspection only by officials charged with enforce- ment of these provisions for law enforcement and public health and for no other purposes, including use of the file by owners or employees of the establishment charged with maintaining the file. The information furnished or secured as a result of any inspection shall remain confi- dential. Any unauthorized disclosure or use of such in- formation by any officer or employee of the City of Santa Ana or County of Orange or owner or employee of the massage establishment shall constitute a misdemeanor and such persons shall be subject to the penalty of the pro- visions of this chapter in addition to any other penalties provided by law. Such records shall be maintained for a period of two (2) years. (f) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, cover- ings and linens. Clean towels, coverings and linens shall be stored in cabinets. Towels and linens shall not be used on more than one (1) patron unless they have first been laundered and disinfected. Disposable towels and cover- ings shall not be used on more than one (1) patron. Soiled linens and paper towels shall be deposited in approved receptacles. (g) 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 shall be placed in a single separate room or the operators of the massage establish- ment may elect to place such persons of the same sex in separate rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed. (h) Wet and dry heat rooms, steam or vapor rooms or cab- inets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the Health Department after each use. All walls, ceilings, floors and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (i) Instruments utilized in performing massage shall not be used on more than one (1) patron unless they have been sterilized using approved sterilizing methods. ORDINANCE NO. NS- 1335 Page nine (j) Massages shall not be given unless patrons are wearing clothing fully covering their genitals and female patrons are in addition wearing clothing fully covering their breasts. Where such clothing is fur- nished patrons by the massage establishment, it shall not be used by more than one (1) patron unless it has first been laundered and disinfected. Massage techni- cians shall be fully clothed from the knee to the neck in clean, opaque, light-colored clothing. (k) No persons shall enter, be or remain, in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. (1) No massage establishment shall operate as a school of massage, nor use the same facilities as that of a school of massage. It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage only upon a bona fide employee of the school or student. A dummy may be used. SECTION 9: That section 22-9 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-9. Inspections 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 estab- lishment in the City of Santa Ana for the purpose of de- termining that the provisions of this Code are met. The proprietor or operator of such establishment shall pay a fee established by resolution of the City Council to the County Health Officer as reimbursement for the County Health Officer's public health and sanitation services in connection with the enforcement of this Chapter. SECTION 10: That section 22-10 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-10. Sale or Transfer (a) Upon the sale or transfer of any interest in a massage establishment, the permit shall be null and void. A new application shall be made by any person, firm or entity desiring to own or operate the massage establishment. A fee of twenty-five dollars ($25) shall be payable for each such application involving sale or other transfer of any interest in an existing massage establishment. The provisions of section 22-3 of this Chapter shall apply to any person, firm, or entity applying for a massage estab- lishment permit for premises previously used as such establishment. (b) Any such sale or transfer of any interest in an exist- ing massage establishment or any application for an exten- sion or expansion of the building or other place of business of the massage establishment, shall require inspection and shall require compliance with section 22-7 of this Chapter. ORDINANCE NO. NS- 1335 Page ten SECTION 11: That section 22-11 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-11. Change of Location or Name (a) 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 a change of location fee of five dollars ($5) is deposited with the City. (b) No permittee shall operate under any name or conduct any establishment under any designation not specified in his permit. SECTION 12: That section 22-12 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-12. Prohibited Conduct (a) It shall be unlawful for any massage technician to massage the genital area of any patron or the breasts of any female patron or for any operator of a massage estab- lishment to allow or permit such massage in such massage establishment. (b) It shall be unlawful for any massage technician to perform any massage services in any commercial establish- ment other than a premises holding a valid massage estab- lishment permit or office occupied by the customer. (c) It shall be unlawful for any operator of a massage establishment to violate the provisions of sections 22-2, 22-7, 22-8, 22-10, or 22-11 of this ordinance. (d) It shall be unlawful for any massage technician to violate the provisions of sections 22-4, 22-8(j), 22-8(1), 22-11(b) or to act as a massage technician in any estab- lishment which does not have a license therefor as re- quired by section 22-2. (e) Any persons violating the provisions of section 22-12(a), 22-12(b), 22-12(c) or 22-12(d) shall be guilty of a misdemeanor. SECTION 13: That section 22-13 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-13. Suspension or Revocation When the City Manager finds that any person holding a permit under the provisions of Chapter 22 has violated the provisions of this Chapter he may revoke the permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his right to appeal the revocation decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon decision of the City Council. Otherwise the revoca- tion shall become effective after the timely appeal period has passed. ORDINANCE NO. NS- 1335 Page eleven SECTION 14: That section 22-14 of the Santa Aha Munici- pal Code is hereby amended to read as follows: Section 22-14. Conducting as a Nuisance Any massage establishment operated, conducted or main- tained contrary to the provisions of this Chapter shall be and the same is hereby declared to be unlawful and a public 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 or 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 juris- diction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage es- tablishment contrary to the provisions of this Chapter. SECTION 15: That section 22-15 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-15: 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 Chapter. SECTION 16: That section 22-16 of the Santa Ana Municipal Code is hereby repealed. SECTION 17: That section 22-17 of the Santa Ana Municipal Code is hereby repealed. SECTION 18: That section 22-18 of the Santa Ana Municipal Code is hereby repealed. SECTION 19: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the valid- ity 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, sen- tence, clause, phrase or portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitu- tional. SECTION 20: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance 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 cash deposit in lieu there- of, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ORDINANCE NO. NS- 1335 Page twelve on the ADOPTED by the City Council of the City of Santa Ana 20th day of December , 1976, by the following vote: AYES: COUNCILMEN: Yamamoto, Bricken, 0rtiz, Garthe, Brandt, Ward NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Evans ATTEST: CLERK OF THE COUNCIL APPRO~-ED AS TO FO~.P~: KEITH L. GOW CITY ATTORNEY