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HomeMy WebLinkAboutNS-1338ORDINANCE NO. NS-1338 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 22-3, 22-5, 22-8, 22-10 AND 22-11 TO PROVIDE THAT MASSAGE ESTABLISH- MENT PERMIT FEES AND MASSAGE TECHNICIAN PERMIT FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 22-3 of the Santa Ana Municipal 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 as established by resolution of the City Council shall be paid to the Department of 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 fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is sub- mitted. (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. ORDINANCE NO. NS-1538 Page two (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. (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 partners, in- cluding limited partners. If the applicant 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 partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an in- dividual 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, 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. (13) The Chief of Police may require to furnish fingerprints when needed pose of establishing identification. the applicant for the pur- (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 required application fee has been paid and shall present the application containing the afore- mentioned 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. ORDINANCE NO. NS~338 Page three 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 in- spection. (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 in- vestigation 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 convicted in a court of competent juris- diction of an offense involving conduct which re- quires 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 establish- ment 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 application. (7) The massage establishment as proposed by the applicant 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 2: That section 22-5 of the Santa Ana Municipal Code is hereby amended to read as follows: ORDINANCE NO. NS-1338 Page four 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 submitting such application a nonrefundable fee as established by resolution of the City Council shall be paid to the Department of 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 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 acting 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 State 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 con- tagious 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 pur- pose 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 representa- tive shall render a recommendation as to the approval or denial 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) ~hrough 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 demon- strated competence and proficiency to the satis- faction of the City Manager through continuous ORDINANCE NO. NS-1338 Page five Code is 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 stand- in~ in the California Massage Technicians Associa- tion or the American Massage and Therapy Associa- tion. (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 3: That section 22-8 of the Santa Ana Municipal 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 techni- cian shall have a valid permit issued by the City of Santa Ana, and it shall be unlawful for the owner, operator, responsible 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 unre- voked 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. (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 ORDINANCE NO. NS-1338 Page six 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. (j) Massages shall not be given unless patrons are wear- ing clothing fully covering their genitals and female patrons are in addition wearing clothing fully covering their breasts. Where such clothing is furnished 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 technicians 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, consum- ing, or using any alcoholic beverage or drugs except pur- suant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or per- mittee shall not permit any such person to enter or re- main upon such premises. (1) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage, except as provided below. The nonconforming use of massage establishment facilities as a school of massage, existing on or before December 1, 1976, may be continued, but shall be discontinued on or before ORDINANCE NO. NS-1338 Page seven January 1, 1979. 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. SECTION 4: That section 22-10 of the Santa Ana Munici- pal 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 establish- ment. A fee as established by resolution of the City Council shall be payable for each such application in- volving 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 establishment permit for premises previously used as such establishment. (b) Any such sale or transfer of any interest in an existing 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 22-7 of this Chapter. SECTION 5: 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 as established by resolu- tion of the City Council is deposited with the City. (b) No permittee shall operate under any name or con- duct any establishment under any designation not speci- fied in his permit. SECTION 6: 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 Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, 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 unconstitutional. SECTION 7: 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 thereof, required to be posted, filed or deposited pursuant to any ordin- ance and all rights and obligations thereunder appertaining shall continue in full force and effect. ORDINANCE NO. NS-1338 Page eight ADOPTED by the City Council of the City of Santa Ana on the 28th day of December , 1976, by the following vote: AYES: COUNCILMEN: Yamamoto, Evans, Bricken, Garthe, Brandt, Ward NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Ortiz, ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, City Attorney