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11/1/77
ORDINANCE NO. NS-1458
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 22-3, 22-8, 22-12,
AND 22-13 OF THE SANTA ANA MUNICIPAL
CODE RELATING TO MASSAGE ESTAI~LISHMENTS.
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:
Sec. 22-3. Massage establishment permit [application]
(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 sub-
mitting 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 chapter. 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 appli-
cation is submitted.
(b)
The application for permit does not authorize co-
ducting a massage establishment business until
such permit has been granted.
(c)
Each applicant for a massage establishment
permit shall furnish the following'~nformation:
(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 (2) photographs of the applicant at
least two (2) inches by two (2) inches
taken within the last six (6) months.
(7)
Business, occupation or employment history
of the applicant for the three (3) years
immediately preceding the date of application.
ORDINANCE NO. NS-1458
PAGE TWO
(d)
(8)
The business license history of the applicant
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
violations, 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 hown 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 ad-
dress and dates of birth of each of the partners,
including limited partners. If the applicant
is a limited partnership, it shall furnish
a copy of its certificate of limited partner-
ship 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
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
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 application.
(13)
The chief of police may require the applicant
to furnish fingerprints when needed for the
purpose of establishing identification.
The applicant, if an individual, or designated respon-
sible 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 aforementioned and described
information.
ORDINANCE NO. NS-1458
PAGE THREE
(e)
(f)
The chief of police shall have a reasonable time
in which to investigate the application and back-
ground of the applicant. The chief of police or
his representative 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 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 proprietor of such establishment
shall pay a fee established by resolution of the
city council to the county health officer as re-
imbursement for the county health officers' public
health and sanitation services for said inspection.
The city manager, after receiving the applications
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 chapter.
(3)
The applicant has not knowingly made a
material misrepresentation in the appli-
cation.
(4) The applicant has fully cooperated in the
investigation 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 of an offense involving
conduct which requires registration under
California Penal Code Section 290, or of
conduct which is a violation of the pro-
visions of California Penal Code Sections
266i, 314, 315, 316, 318, 647(a), 647(b),
or 647(d), or any crime involving dishonesty,
fraud, deceit, or moral turpitude, or any
felony offense involving the sale of a
controlled substance specified in Sections
11054 through 11058 of the California
Health and Safety Code.
(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.
ORDINANCE NO. NS-1458
PAGE FOUR
(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 pro-
visions may appeal to the city council pursuant to
Chapter 3 of the Santa Ana Municipal Code.
Section 2:
That section 22-8 of the Santa Ana Municipal Code, is hereby
amended to read as follows:
Sec. 22-8. Massage facilities operation.
Every person who owns, operates, manages or is employed in any
massage establishment shall comply with the following operating
requirements. These requirements shall be prominently and
publicly displayed in a conspicuous place upon every premises
operating under the provisions of this chapter.
(a)
No person shall be employed or permitted to act as
a massage technician who is not in possession of a
valid unrevoked massage technicians 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
understandable language. No owner, operator, re-
sponsible managing employee, manager, or permittee
shall permit, and no massage technician shall offer
to perform any services other than those posted.
(d)
The massage establislunent 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 in the premises.
(e)
Massage establishments shall at all times be equipped
with an adequate supply of clean sanitary towels,
coverings and linens. Clean towels, coverings and
linens shall not be used on more than one patron
unless they have first been laundered and disinfected.
Disposable towels and coverings shall not be used on
more than one patron. Soiled linens and paper towels
shall be deposited in approved receptacles.
(f)
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 establishment may elect to place such persons
ORDINANCE NO. NS-1458
PAGE FIVE
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.
Wet and dry heat rooms, steam or vapor rooms or
cabinets, 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, ceiling,
floors and other physical facilities for the estab-
lishment must be in good repair and maintained in
a clean and sanitary condition.
(n)
Instruments utilized in performing massage shall not
be used on more than one patron unless they have
been sterilized using approved sterilizing methods.
(i)
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.
(j)
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 faciliti-
as a school of massage, existing on or before
December 1, 1976, may be continued, but shall be
discontinued on or before 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 3:
That section 22-12 of the Santa Ana Municipal Code, is hereby
amended to read as follows:
Sec. 22-12. Prohibited conduct.
It shall be unlawful for any massage technician to perform any
massage services in any commercial establishment other than a
premises holding a valid massage establishment permit or office
occupied by the customer.
Section 4:
That section 22-13 of the Santa Ana Municipal Code, is hereby
amended to read as follows:
Sec. 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 or is found guilty of conduct which would
form the basis of denial of the license as set forth in
ORDINANCE NO. NS-1458
PAGE SIX
sections 22-2 and 22-4, 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 re-
vocation shall be effective only upon decision of the city
council. Otherwise, the revocation shall become effective
after the timely appeal period has passed.
Section 4:
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or un-
constitutional by the decision 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 portions thereof irrespective of the fact that
any one or more sections, subsections, sentences, 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 the 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 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 ordinance and all rights and obli-
gations thereunder appertaining shall continue in full force and
effect.
ADOPTED, this
following vote:
6th day of November , 1978, by the
AYES,
NOES,
ABSENT,
ATTEST:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
Brandt, Ward~ Bricken, Evans
Yamamoto ~ Garthe
None
0rtiz
MAYOR