HomeMy WebLinkAboutNS-2145 - Amending Sections to Allow County through Appropriate Changes in City's Ordinances...
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ORDINANCE NO. NS- 2145
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTIONS 12-44, 18-421, 18-454, 22-3, 22-9,
AND 39-63 TO ALLOW THE COUNTY THROUGH
APPROPRIATE CHANGES IN THE CITY'S ORDINANCES
TO ADOPT HEALTH SERVICE FEES BY ANNUAL BOARD
RESOLUTION, TO BE PAID TO THE COUNTY HEALTH
OFFICER BY THE PROPRIETOR OR OPERATOR OF
MASSAGE PARLORS, SAUNA BATHS, PEEP SHOWS, TATOO
PARLORS AND OTHER SIMILAR ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 12-44 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 12-44.
Health services fees.
The county health officer shall periodically make inspections
of peep show establishments located in the City of Santa Ana to
determine if the proprietors or operators of such establishments
are complying with the provisions of this chapter. The proprietor
of such establishment shall pay such fees as may be established by
the County of Orange as reimbursement for the services provided by
the County Health Officer. Such fees shall be paid directly to the
County Health Officer and retained by the county.
SECTION 2: That section 18-421 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18-421.
Health services fees.
The county health officer shall periodically make inspections
of tattooing establishments located in the City of Santa Ana to
determine if the proprietors or operators of such establishments
are in compliance with the provisions of this chapter. The
proprietor of such establishment shall pay such fees as may be
established by the County of Orange as reimbursement for the
services provided by the county Health Officer. Such fees shall be
paid directly to the County Health Officer and retained by the
county.
SECTION 3: That section 18-454 of the Santa Ana Municipal
Code is hereby amended to read as follows:
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ORDINANCE NS-2145
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Sec. 18-454.
Permit fees.
The orange County Board of Supervisors shall establish by
resolution a schedule of permit fees which is sufficient to cover
the implementation costs of this Ordinance. This fee shall be
collected annually from any person operating a business which
launders, sanitizes or sells wiping rags.
SECTION 4: 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 establishment 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 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 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 (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
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ORDINANCE NS-2145
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applicant for the three (3) years immediately preceding
the date of application.
(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) All 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 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 per cent (5%)
of the stock in the corporation. If the applicant is a
partnership, the applicant shall, set forth the name,
residence address 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 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 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.
(d) The applicant, if an individual, or designated responsible
managing officer, if a partnership or corporation, shall personally
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069
appear at the police department of the City of Santa Ana
produce proof that the required application fee has been paid
shall present the application containing the aforementioned
described information.
and
and
and
(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 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 Health Service fee as established by the County of
orange. Such fees shall be paid directly to the County Health
Officer to be retained by the County as reimbursement for said
inspection.
(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 chapter.
(3) The applicant has not knowingly made a material
misrepresentation in the application.
(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 provisions 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 establishment permit
or massage technician permit or other similar license or
permit denied or revoked for cause by this city or any
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071
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 5: That section 22-9 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 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 establishment in the city of
Santa Ana for the purpose of determining that the provisions of
this Code are met. The proprietor of such establishment shall pay
such fees as established by the County of Orange as reimbursement
for the County Health Officer's public health and sanitation
services provided in connection with the enforcement of this
Chapter.
SECTION 6: That section 39-63 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 39-63.
Applications for permits; contents, fee; term,
conditions, cancellation of permit.
Applications for permits shall be made to the enforcement
officer containing such information as he shall require.
Each application shall be accompanied by a fee as established
by the Orange county Board of supervisors on the basis of the cost
incurred in enforcing the provisions of this article. Fifty per
cent (50%) of the fee shall be returned to the applicant should the
permit be denied or if the permit is canceled within sixty (60)
days after issuance and no work has been done. A permit shall
remain in effect for one year from date of issuance.
Permits may be issued subject to any condition or requirement
found by the enforcement officer to be necessary to accomplish the
purposes of this article.
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A permit may be canceled or the conditions amended by the
enforcement officer if he determines that to proceed with the work
would result in a public nuisance or the permit holder has violated
the terms of the permit or this article.
/",", SECTION 7: If any section, subsection, sentence, clause I
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 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 anyone or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 8: 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 provision
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
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this
16th
da~~.tPt"b" ,991.
'l~
Mayor
ATTEST:
1ce C. Guy
Clerk of the Coun
COUNCILMEMBERS
Young Ave
Pulido Ave
Acosta Ave
Griset Ave
McGuigan Ave
Norton Ave
Richardson Ave
APPROVED AS TO FORM:
er
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074
CERTIFICATE OF ORIGINALITY & PUBLICATION
state of California
county of orange
,
I, JANICE C. GUY, Clerk of the council, do hereby certify the
attached Ordinance
NS-d/f~
to be the original ordinance
adopted by the city Council of the City of Santa Ana on
C1-/t-9/
; and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Clerk of the Cou
city of Santa Ana