HomeMy WebLinkAbout11A - MASSAGE ESTABLISHMENTSROH 3/2/09
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTERS 22
AND 41 OF THE SANTA ANA MUNICPAL CODE TO
UPDATE THE CITY'S REGULATION OF MASSAGE
ESTABLISHMENTS AND MASSAGE TECHNICIANS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Provisions of the General Plan of the City and Chapter 41 of the
Santa Ana Municipal Code do not specifically identify massage
parlors as a land use or specifically designate zoning districts
throughout the City where massage parlors may or may not be
permitted.
B. For this reason, on May 21, 2007, at a regularly scheduled public
meeting, the City Council adopted Ordinance No. NS-2744, which
established a moratorium to prohibit the establishment of any new
or expansion of any existing massage parlor, or issuance of new
(non-replacement) massage technician permit. Thereafter, on June
27, 2007, at a regularly scheduled, duly noticed public hearing, the
City Council adopted Ordinance No. NS 2753, which extended this
moratorium until May 17, 2008. Thereafter, on May 5, 2008, at a
regularly schedules, duly noticed public hearing, the City Council
adopted Ordinance No. NS 2766, which again extended this
moratorium until May 5, 2009.
C. Because of its age, current provisions of the Santa Ana Municipal
Code fail to fully take into account the potential impacts associated
with the establishment of massage parlors and fail to address the
needs of the City and its residents today and in the future. As such,
provisions of the General Plan and/or the Santa Ana Municipal
Code ("the Code"), including Chapters 22 and 41, need revision in
order to respond to recent concerns relating to the potential
establishment of new massage parlors, expansion of existing
massage parlors, or adding new massage technicians, within the
City.
Ordinance No. NS-XXX
11 A-1 Page 1 of 36
D. Given these concerns, the City Council requested that a study be
undertaken of the current provisions of the General Plan and
Chapters 22 and 41 of the Code to classify massage parlors and
determine where, and under what conditions additional massage
parlors should be permitted. In addition, the City Council requested
an analysis of the current permitting scheme for permitting of
massage technicians to determine whether they fully meet the
needs of the City's residents. Since adoption of Ordinance Nos.
NS 2744, NS-2753, and NS-2766, staff has held interagency
meetings and has completed a study of the current provisions of
the General Plan and Chapter 41 of the Code to classify massage
parlors and to determine where and under what conditions such
businesses should be permitted in the City. These efforts have led
to preparation of proposed amendments to Chapters 22 and 41 of
the Santa Ana Municipal Code. At a meeting held on April 22,
2008, these proposed amendments were shared with interested
owners and operators of massage establishments at a public
meeting held in City Hall. The City's Planning Commission held a
duly noticed public hearing on these proposed changes to the
Santa Ana Municipal Code on April 28, 2008; after closing the
public hearing and deliberating the Commission unanimously
continued consideration of these proposed amendments. At its
meeting of January 12, 2009, the City's Planning Commission
amended and approved the proposed amendments to Chapters 22
and 41 of the Santa Ana Municipal Code.
E. Without adoption of this ordinance, properties in the City would
quickly receive entitlements to establish massage parlors, expand
existing massage parlors or persons would obtain permits to
operate as massage technicians, despite the fact that the city
council has determined that the Code is in need of updating and
has directed that a study be done to recommend new standards
and revise the Code to address concerns created by new and
expanded permits for massage related activities.
F. While some massage parlors are beneficial to the community and
offer needed services, others in Southern California have been
associated with a number of detrimental impacts such as
prostitution, late hours of operation, reduced property values and
noise.
G. Chapter 22 of the Code, which regulates massage establishments
and massage technicians and is enforced by the Police
Department, has been substantially unchanged since 1976. For
comparison, Anaheim, Orange and Costa Mesa have all updated
their massage regulations within the last several years.
Ordinance No. NS-XXX
Page 2 of 36
11 A-2
H. In order to prevent frustration of said studies, hearings, draft code
amendments and the implementation thereof, the public interest,
health, safety and welfare require the immediate enactment of this
ordinance. The absence of this ordinance would create a serious
threat to the orderly and effective implementation of any code
amendments or general plan amendments which may be adopted
by the city as a result of the studies in that the establishment or
construction of massage parlors may be in conflict with or frustrate
the contemplated updates and revisions to the Code, general plans
or specific plans. Moreover, permitting massage parlors to be
established or expanded, or new massage technicians to be
permitted during said studies and implementation would create
impacts on the public health, safety and welfare that the city
council, in adopting this ordinance, has found to be unacceptable.
The Request for Council Action for this ordinance dated March 2,
2009 and duly signed by the City Manager shall, by this reference,
be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony constitute the
necessary findings for this ordinance.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to
this Ordinance. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, determined that, as required
pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Ordinance. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the
project will have a significant adverse effect on the environment. The City Council
hereby certifies and approves the negative declaration and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange
in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1),
the City Council has determined that, after considering the record as a whole, there
is no evidence that the proposed project will have the potential for any adverse
effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project exists in an urban environment characterized by
paved concrete, roadways, surrounding buildings and human activity. Therefore,
pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 753.5, the payment
of Fish and Game Department filing fees is not required in conjunction with this
project.
Ordinance No. NS-XXX
11 A-3 Page 3 of 36
Section 3. Section 22-1 of the Santa Ana Municipal Code is hereby amended to
add pertinent definitions to this chapter, such that it reads as follows (new language in bold,
deleted language in strikeout for tracking purposes only):
Sec. 22-1. Definitions.
Unless the particular provision or the context otherwise 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 preparations 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 combination 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 administers 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 or online 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.
(e) Ancillary Use -Any establishment that provides massage
services as an accessory or complementary use to other
health or beauty services, and that employs no more than two
licensed massage technicians, is subject to any zoning and
Ordinance No. NS-XXX
Page 4 of 36
11 A-4
land use regulations as required by the Planning & Building
Agency.
(f) Employee -Includes every owner, partner, operator, manager,
supervisor and worker, whether paid or not, who renders
services of any nature or is otherwise employed in the
operation of a massage establishment. For purposes of this
chapter, the term employee shall also include massage
technicians who provide massage services as independent
contractors to a massage establishment.
(g) Manager- Means any person(s) designated by the operator of
the massage establishment to act as the representative and
agent of the operator in managing daily operations. Evidence
of management may include, but is not limited to, evidence
that the individual has power to direct or hire and dismiss
employees, control hours of operation, create policy or rules,
or purchase supplies. A manager may also be an owner.
(h) Chair Massage - A seated chair massage is where a patron
receives a massage while fully clothed in a public or
semipublic area. The areas massaged are the head, neck,
back and/or arms only.
Section 4. Section 22-2 of the Santa Ana Municipal Code is hereby amended to
add a subsection, such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 22-2. Massage establishment permit required.
(a) 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 chapter for each and every such
massage establishment.
(b) Any healing arts professional or other State licensed
practitioner listed in section 22-6 of this chapter who employs, or contracts
with, more than two (2) massage technicians must obtain a massage
establishment permit.
Section 5. Section 22-2.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Ordinance No. NS-XXX
11 A-5 Page 5 of 36
Sec. 22-2.1. Massage establishment permit -term.
(a) Permits for massage establishments shall be for a period of one (1)
year, unless sooner revoked as set forth in this chapter.
(b) No permit granted herein shall confer any vested right to any
person or business for more than the limit period. All massage operators and
technicians subject to this chapter, shall comply with the provisions of this
chapter and as may be amended hereafter.
Section 6. Section 22-3 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage establishment permits, such that it reads as
follows (new language in bold, deleted language in strikeout for tracking purposes only):
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 ##ree
E3five (5) 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.
Ordinance No. NS-XXX
Page 6 of 36
11 A-6
(6) Two (2) photographs of the applicant at least two (2) inches by two
(2) inches taken within the last ~;~ ~~~ rv,^^+"°.thirty (30) days.
(7) Business, occupation or employment history of the applicant for the
}hrcrntic°Tvfive (5) 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 +h~herefore, 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 (5) per cent 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
(1) 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 (1) of its officers or
general partners to act as its responsible managing officer. The
responsible managing officer may complete and sign all
applications on behalf of the corporate officers and partners.
Such designated persons shall complete and sign all application
forms required of an individual applicant under this chapter, but
only one (1) 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 notarized copy
of the lease or rental agreement-, including any addendums to
the 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.
Ordinance No. NS-XXX
11 A-7 Page 7 of 36
(13) T"-~;~Proof of ~ submission to the a~l+sa~t
+^ f~,~California Department of Justice a complete set of
fingerprints ~•~"°n ^°°~°~taken by a police department or
California Department of Justice approved contactor. The
applicant shall be responsible for payment of any
fingerprinting fee.
(14) A site plan depicting the building and/or unit proposed for the
massage establishment and a dimensional interior floor plan
depicting how the massage establishment will comply with all
applicable requirements of this chapter.
(15) The complete name, date of birth, phone number and
residence address of the proposed on-site manager who will
be principally in charge of the operation of the establishment,
and any other information as requested by the Massage
Establishment application. A manager must possess the same
qualifications as an owner.
(16) A statement in writing, and dated, by the applicant that he or
she certifies under penalty of perjury that all information
contained in the application is true and correct.
(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
aforementioned and described information.
(e) The chief of police shall have thirty (30) calendar days 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 such 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.
Ordinance No. NS-XXX
Page 8 of 36
11 A-8
(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 other city located in or out of
this state within +h° ften (10) 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.
(h) It shall be the responsibility of any permit holder to notify the
City within thirty (30) days of changing either his or her home address or
the address of the massage establishment.
Section 7. Section 22-3.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Ordinance No. NS-XXX
11 A-9 Page 9 of 36
Sec. 22-3.1. Massage establishment permit -renewal.
(a) Applications for the renewal of a permit shall be filed with the Chief
of Police at least sixty (60) calendar days before the expiration of the current
permit. Temporary permits will not be issued. Any permittee allowing his or her
permit to lapse or which permit expired during a suspension shall be required to
submit a new application and pay the corresponding original application fees.
(b) Any person desiring to obtain a renewal of his/her respective permit
shall file a written application under penalty of perjury on the required form with
the Chief of Police who shall conduct an investigation. The application shall be
accompanied by a nonrefundable filing fee established by separate resolution of
the city council to help defray the cost of the investigation required by this
chapter. An applicant shall be required to update the information contained in
his/her original permit application and provide any new and/or additional
information as may be reasonably required by the Chief of Police in order to
determine whether said permit should be renewed.
Section 8. Section 22-5 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage technician, such that it reads as follows (new
language in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-5. Massage technician permit [application.]
(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
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 acting as a massage
technician until such permit has been granted.
(c) Each applicant for a massage technician's permit mayshall furnish
all the information required by section 22-3(c)(1) through 22-3(c)(9) of this
chapter, 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 contagious or communicable disease.
Ordinance No. NS-XXX
Page 10 of 36
11A-10
(2) ~4An original or certified copy of a diploma or certificate and
certified transcripts of graduation from a "recognized school," if
any.
(3) Certification by the City of Santa Ana after successfully
obtaining the requisite score for passage of the City of Santa
Ana test, as established and approved by chief of police or the
city council. The certification of passage shall be valid for one
(1) year from the date of the test.
(4) The applicant must provide a valid and current CPR certificate
issued by the American Red Cross or the American Heart
Association.
(5) The massage establishment, ~ , at which the applicant expects
to be employed, including a letter of intent to employ from the
owner or operator of the massage establishment.
(6) 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.
(7) Proof of submission to the California Department of Justice a
complete set of fingerprints taken by a police department or
California Department of Justice approved contactor. The
applicant shall be responsible for payment of any
fingerprinting fee.
(8) A statement in writing, and dated, by the applicant that he or
she certifies under penalty of perjury that all information
contained in the application is true and correct.
(d) The chief of police shall have thirty (30) calendar days 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.
(e) The city manager, after receiving the application and
aforementioned recommendation, shall grant the permit if he finds in accordance
with section 22-3(f)(1) through 22-3(f)(6), and in addition finds:
(1) The applicant has furnished an acceptable medical certificate in
Ordinance No. NS-XXX
11 A-11 Page 11 of 36
compliance with this chapter.
(2) The applicant has furnished an acceptable diploma or certificate of
graduation from a "recognized school" ^r ~^ ~~^~ ~ }hero^f h-.
skFa~eF", or is an active member in good standing in the pia
American Massage and
Therapy Association (AMTA).
(3) Proof of certification of passage of the required City of Santa
Ana test.
(4) The applicant must provide a valid and current CPR certificate
issued by the American Red Cross or the American Heart
Association.
(5) The applicant has not had a massage establishment 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 +h° ften (10) years prior to the date
of application.
(46) The applicant eis at least eighteen (18) years of age.
(f) Any person 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.
(g) It shall be the responsibility of any permit holder to notify the
City of his or her home address, as well as the address of any business
establishment where he or she regularly works as a massage technician,
whether as an employee or as an independent contractor. A permit holder
shall notify the City within thirty (30) days of changing either his or her
home address or the address of the massage establishment where he or
she regularly works as a massage technician.
Section 9. Section 22-5.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-5.1. Massage technician permit -renewal.
(a) Applications for the renewal of a permit shall be filed with the Chief
of Police at least sixty (60) calendar days before the expiration of the current
Ordinance No. NS-XXX
Page 12 of 36
11A-12
permit. Temporary permits will not be issued. Any permittee allowing his or her
permit to lapse or which permit expired during a suspension shall be required to
submit a new application and pay the corresponding original application fees.
(b) Any person desiring to obtain a renewal of his/her respective permit
shall file a written application under penalty of perjury on the required form with
the Chief of Police who shall conduct an investigation. The application shall be
accompanied by a nonrefundable filing fee established by separate resolution of
the city council to help defray the cost of the investigation required by this
chapter. An applicant shall be required to update the information contained in
his/her original permit application and provide any new and/or additional
information as may be reasonably required by the Chief of Police in order to
determine whether said permit should be renewed.
(c) A massage technician permittee shall also be required to submit
with his or her renewal application the following documents:
(1) A certificate, under penalty of perjury, from a medical doctor
licensed to practice in the state of California stating that the
applicant has, within at least thirty (30) calendar days immediately
preceding the date of application, been examined and found to be
free of any contagious or communicable disease.
(2) Two (2) color photographs of the applicant at least two (2) inches
by two (2) inches taken within the last thirty (30) days.
(3) The applicant must provide a valid and current CPR certificate
issued by the American Red Cross or the American Heart
Association.
(4) Proof that the applicant has successfully retaken and passed the
City of Santa Ana test described in section 22-5(e)(3) within thirty
(30) days immediately preceding the date of filing an application for
renewal.
(5) Has submitted proof of completion of at least fifteen (15) hours of
continuing education courses in massage from a recognized school
of massage or a qualified massage association. On-line and
correspondence courses do not meet this requirement. A
maximum of six (6) hours may be applied toward the fifteen hours
of continuing education required by the section for obtaining a CPR
certificate.
Ordinance No. NS-XXX
11 A-13 Page 13 of 36
Section 10. Section 22-6 of the Santa Ana Municipal Code is hereby amended to
add and revise exemptions to the chapter, such that it reads as follows (new language in
bold, deleted language in strikeout for tracking purposes only):
Sec. 22-6. Exemptions.
The provisions of this chapter shall not apply to the following classes of
individuals while engaged in the performance of the duties of their respective
professions:
(a) Acupuncturists, Physicians, surgeons, chiropractors, osteopaths,
or physical therapists who are duly licensed to practice their
respective professions in the State of California. Practical nurses,
licensed vocational nurses, or other persons without
qualifications as massage technicians and without first
obtaining a massage technician permit pursuant to this
chapter, whether employed or contracted by acupuncturists,
physicians, surgeons, chiropractors or osteopaths or not, may
not give massage or massage procedures.
(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) Barbers,
cosmetologists, manicurists and estheticians who are duly
licensed under the laws of the State of California when engaged in
such practice within the scope of their license. Except that this
exception applies solely for the massaging of the neck, face
and/or scalp of the customer of said barber or cosmetologist
or in the case of a licensed manicurist, the massaging of the
forearm, hands, calves and/or feet. State licensed estheticians
may provide skin care, which is limited to the face, neck, arms
or upper part of the human body.
(e) Accredited high schools and colleges, and coaches and trainers
therein while acting within the scope of their employment.
(f) Trainers of any amateur, semiprofessional or professional athlete or
athletic team.
(g) An individual who is certified pursuant to Chapter 10.5,
commencing with Section 4600, of Division 2 of the California
Business and Professions Code, and who is practicing
consistent with the qualifications established by his or her
Ordinance No. NS-XXX
Page 14 of 36
11A-14
certification.
Section 11. Section 22-6.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-6.1. Persons working for exempted individuals.
Any person conducting massage for an exempted class individual must
possess a massage technician permit and shall comply with all massage
regulations. A massage technician employed by an exempted class individual
must work under the direction and control of that individual who must be
physically present at the location where the massage is being administered. A
massage technician cannot rent office space or workspace at an exempt
individual's location.
Section 12. Section 22-6.2 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-6.2. Evidence of exempt status.
(a) Any person or business exempted from the provisions of this
chapter pursuant to Section 22-6 shall file with the City a copy or provide other
evidence of the certificates, permits, licenses, registration, or other approved
authorizing documentation held by the persons who are providing massage
services at the business, prior to commencing services within the City.
(b) The City shall have the authority to make reasonable investigations
into the information so provided pursuant to this Section.
Section 13. Section 22-7 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage establishment facilities, such that it reads as
follows (new language in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-7. Massage establishment facilities.
Every massage establishment shall maintain facilities meeting the
following requirements:
(a) Sign. ,
o„+ ~~ ~ ,,.,.,~~„rye o +.,hli~hm~ ~~~n~Establishment must
~~___.._.....~....,..........,.,,,,,.y., .,~«.,.,
comply with the City of Santa Ana sign ordinance contained in
Chapter 41.
Ordinance No. NS-XXX
11 A-15 Page 15 of 36
(b) Lighting. Minimum lighting shall be provided in accordance with
Article 220 of the National Electric Code, and, in addition, at least
one (1) unobstructed artificial light of not less than #s~-(~9sixty
(60) watts shall be provided in each room or enclosure where
massage services are performed on patrons.
(c) Ventilation. Minimum ventilation shall be provided in accordance
with Section 1105 of the Uniform Building Code.
(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 facilities 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.
°~-~ cao;;~m rcrr r
(+h) Facilities for employees. A minimum of one (1) 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 performing of massage services. In addition, there
shall be provided sanitary towels in permanently installed
dispensers at each wash basin.
(}i) Compliance with Code. Proof of compliance with all applicable
provisions of the Santa Ana Municipal Code shall be provided.
Ordinance No. NS-XXX
Page 16 of 36
11A-16
Section 14. Section 22-8 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage facilities operations, such that it reads as follows
(new language in bold, deleted language in strikeout for tracking purposes only):
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
technician's permit.
(b) Bath and massage operations shall be carried on and the premises
shall be open only between the hours of X8:00 a.m. a+~d-~~to 10:00
#t. p. m.
(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,
responsible managing employee, independent contractor,
manager, or permittee shall permit, and no massage technician
shall offer to perform any services other than those posted.
(d) The owner/operator of a massage establishment shall
prominently display the massage establishment permit,- and a
any and all permits for each and every
massage technician employed in the establishment, °"~~
in the front lobby
area of the premises-, for examination upon demand by any
police or code enforcement officer of the City.
(e) Each massage technician shall wear a photo identification
card prepared and issued by the City while administering a
massage. The identification card shall be worn on outer
clothing with the photo facing out. The massage technician
shall not use any name other than specified on the photo
identification card while on duty.
(f) 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
Ordinance No. NS-XXX
11 A-17 Page 17 of 36
one (1) patron unless they have first been laundered and
disinfected. Disposable towels and coverings shall not be used on
more than one (1) patron. Soiled linens and paper towels shall be
deposited in approved receptacles.
(fg) In any establishment in which massage services are rendered only
to members of the same sex at any one (1) 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 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.
(gh) 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, 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) 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.
(}k) 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. Thn nnnr•nnfnrminrr i,co of m c nn oc+ hlic~hrvic~ri+
rc~i i nTn y
fonoili+ioc ~ ~n f o o i~+inn nn nr hofnro rlero -hor 1
Taa-.r~~--ic~~ ~ I ~rn~a-S.~ C~~ ,
r i
. 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.
(I) No part of the establishment shall be used for residential or
sleeping purposes. No cooking or food preparation shall be
Ordinance No. NS-XXX
Page 18 of 36
11A-18
allowed on the premises unless a full service kitchen is
installed. Such a kitchen shall be for the sole use of
employees, and shall be installed in an "employees only" area.
The full service kitchen shall have a minimum of a sink and hot
and cold running water, a refrigerator, a stove and sufficient
cabinets to store cooking utensils.
(m) All massage establishments shall have a manager on the
premises at all times the massage establishment is open. The
designated manager must possess a valid and current CPR
certificate issued by the American Red Cross or the American
Heart Association.
(n) The operator, or the manager in the operator's absence, shall
be responsible for ensuring compliance with this Chapter and
any applicable provisions of the Santa Ana Municipal Code.
Any change in management must be reported to the Police
Department within ten (10) days.
(o) An operator and/or on-duty manager shall be responsible for
the conduct of all employees, or independent contractors,
while the employees are on the licensed premises. Any act of
omission of any employee constituting a violation of the
provisions of this ordinance and any applicable provision of
the Santa Ana Municipal Code shall be deemed the act of
omission of the operator for the purposes of determining
whether the operator's license shall be revoked, suspended or
renewed.
Section 15. Section 22-10 of the Santa Ana Municipal Code is hereby amended
to add and revise requirements for the sale or transfer of a massage establishment, such
that it reads as follows (new language in bold, deleted language in strikeout for tracking
purposes only):
Sec. 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.
y~Any person, firm or entity desiring to own or operate the massage
establishment- shall make a new application. A fee as established by
resolution of the city council 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 establishment permit for premises previously used as
such establishment.
Ordinance No. NS-XXX
11 A-19 Page 19 of 36
(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.
(c) The owner or operator of a massage establishment shall be
responsible for notifying the City of any intention to rename, change
management, change location, or convey the business to another person.
Section 16. Section 22-12 of the Santa Ana Municipal Code is hereby amended
to add and revise types of prohibited conduct, such that it reads as follows (new language
in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-12. Prohibited conduct.
(a) 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
se-sterner-.
(b) A massage technician shall be fully clothed at all times and
shall not expose their genitals, pubic area, buttocks, or in the case of
female technicians, their breasts, and such practices shall not be allowed
or permitted by the massage establishment permittee or his designate.
(c) A massage technician shall not give massages at any location
other than on the premises of a massage establishment with a valid
massage establishment permit, or a business location other than the one
specified on the technician's permit.
(d) A massage technician shall not give a massage unless the
breasts of female patrons are covered and the genitals of all patrons are
covered, and such practices shall not be allowed or permitted by the
massage establishment permittee or his designate.
(e) No massage, for a fee, shall be done at the residence of a
permitted massage technician or in any hotel, or motel in the City.
(f) It is a violation of this chapter for a permit holder to commit,
and the City may deny an application for a permit or discipline a permit
holder for, any of the following:
(1) Unprofessional conduct, including, but not limited to, denial of
licensure, revocation, suspension, restriction, or any other
Ordinance No. NS-XXX
Page 20 of 36
11 A-20
disciplinary action against a certificate holder by another state
or territory of the United States, by any other government
agency, or by another California health care professional
licensing board. A certified copy of the decision, order, or
judgment shall be conclusive evidence of these actions.
(2) Procuring a permit by fraud, misrepresentation, or mistake.
(3) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to
violate, any provision or term of this chapter or any rule or
bylaw adopted by the City.
(4) Conviction or plea of guilty or nolo contendere to any felony or
misdemeanor or infraction that is substantially related to the
qualifications or duties of a permit holder, in which event the
record of the conviction or plea shall be conclusive evidence
of the crime.
(5) Conviction or plea of guilty or nolo contendere to any felony or
misdemeanor or infraction directly related to the operation of a
massage establishment.
(6) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this chapter for
the issuance of a permit.
(7) Impersonating a certified practitioner or therapist, or
permitting or allowing an uncertified person to use a permit.
(8) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a permit
holder.
(9) Committing any act punishable as a sexually related crime.
Section 17. Section 22-13 of the Santa Ana Municipal Code is hereby amended
to allow suspension of a permit, such that it reads as follows (new language in bold, deleted
language in strikeout for tracking purposes only):
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
Ordinance No. NS-XXX
11 A-21 Page 21 of 36
in sections 22-2 and 22-4, he may revoke or suspend 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 or 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 revocation
shall become effective after the timely appeal period has passed.
Section 18. Section 22-16 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-16. Advertising Requirement.
All advertising shall include the Massage Establishment Permit number,
Conditional Use Permit number, or Land Use Certificate number in any
advertisement of services appearing in any printed or electronic advertising
medium. The reference does not have to contain the words "Massage
Establishment Permit", "Conditional Use Permit", or "Land Use Certificate". "City
of Santa Ana permit number" or similar language will suffice so long as the
correct permit /certificate number is included.
Section 19. Section 22-17 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-17. Violation -Penalty.
Any person violating this chapter shall be guilty of a misdemeanor,
punishable by a fine of one-thousand dollars ($1,000) or by imprisonment for a
period not to exceed six (6) months, or by both such fine and imprisonment.
Section 20. Article XVIII is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
ARTICLE XVIII.
MASSAGE
Sec. 41-1750. Specific purposes.
(a) In addition to the general purposes listed in section 41-1, the
specific purposes of this article are to:
(1) Establish a procedure which places strict limits on
processing time and creates an orderly process for reviewing
Ordinance No. NS-XXX
Page 22 of 36
11 A-22
applications to conduct massages.
(2) Ensure orderly and thorough city review of applications for
conducting massages, including, but not limited to, massage
establishment(s), massage technician(s), and ancillary
massage use(s).
(3) Establish reasonable and uniform regulations that will reduce
possible adverse secondary effects that businesses
conducting massages as a primary or ancillary use may
have upon the residents of the city and preserve the integrity
of existing commercial areas of the city and of residential
areas which are in close proximity to such commercial areas.
(4) To protect the rights conferred by the United States
Constitution to businesses conducting massages as a
primary or ancillary use in a manner that ensures the
continued and orderly development of property within the city
and diminishes those undesirable negative secondary
effects that recognized studies have shown to potentially be
associated with the development and operation of
businesses conducting massages.
(5) To allow a process whereby the unusual site development
features or operating characteristics of uses which must
comply with this article may be conditioned through an
individual review, in order to be compatible with the
surrounding uses of property, while preserving the
applicant's rights to objective standards and prompt
administrative and judicial review.
(b) This article shall not apply to massage establishments or
businesses that are sole proprietorships, where the sole proprietor is certified
pursuant to Chapter 10.5, commencing with Section 4600, of Division 2 of the
California Business and Professions Code, or to massage establishments or
businesses that employ or use only persons certified pursuant to Chapter 10.5,
commencing with Section 4600, of Division 2 of the California Business and
Professions Code, to provide massage services.
Sec. 41-1751. Definitions.
The words and phrases, whenever used in this article, shall be construed
as defined in sections 41-1751.1--41-1751.6, unless from the context a different
meaning is intended or unless a different meaning is specifically defined and
more particularly directed to the use of such words or phrases. The words used
Ordinance No. NS-XXX
11 A-23 Page 23 of 36
in the present tense include the future tense, and words in the singular number
include the plural number.
Sec. 41-1751.1. Massage.
As used herein, "massage" shall mean 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 preparations commonly used in this practice.
Sec. 41-1751.2. Massage establishment.
As used herein, "massage establishment" shall mean any establishment
having a fixed place of business where any individual, firm, association,
partnership, corporation, or combination 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.
Sec. 41-1751.3. Massage technician.
As used herein, "massage technician" shall mean any person who, for any
form of consideration whatsoever, gives or administers to another person a
massage as defined or baths as the principal function.
Sec. 41-1751.4. Recognized school of massage.
As used herein, "recognized school of massage" shall mean 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 or online 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.
Sec. 41-1751.5. Chair massage.
Ordinance No. NS-XXX
Page 24 of 36
11 A-24
As used herein, "chair massage" shall mean where a patron receives a
massage while fully clothed in a public or semipublic area. The areas massaged
are the head, neck, back and arms only.
Sec. 41-1751.6. Ancillary massage use.
As used herein, "ancillary massage use" shall mean any establishment
that provides massage services as an accessory or complementary use to other
health or beauty services, and that employs no more than two (2) licensed
massage technicians, is subject to any zoning and land use regulations as
required by the Planning & Building Agency.
Sec. 41-1752. Permitted zones and locations.
(a) An ancillary massage use may only be located within one of the
zones detailed in subdivision (b) of this same section if the ancillary massage use
is ancillary to a retail or service use that is currently licensed by the State of
California Board of Barbering and Cosmetology or an exempt individual as
defined in Santa Ana Municipal Code section 22-6.
(b) No massage establishments or ancillary massage use may be
located within the city unless it meets the following zoning and location criteria:
(1) Massage establishments may be permitted as a primary use
within any commercial zone in the city, excluding commercial
zone C3-A, as defined in this chapter.
(2) No massage establishments may be permitted as a primary
use within any professional (P) zone in the city, as defined in
this chapter.
(3) No massage establishments may be permitted as a primary
use within any specific development in the city, as defined in
this chapter.
(4) No massage establishments may be permitted as a primary
use within any specific plan in the city, unless already
defined and permitted, as defined in this chapter.
(c) No massage establishments may be located within the city unless it
meets the following distance criteria:
(1) The proposed massage establishment is more than one
thousand (1,000) feet from any other existing massage
Ordinance No. NS-XXX
11 A-25 Page 25 of 36
establishment.
(2) The proposed massage establishment is more than one
thousand (1,000) feet from any adult entertainment
businesses, as defined in Santa Ana Municipal Code section
41-1701.6.
(3) The distances set forth in subsections (1) and (2), above,
shall be measured as a radius from the primary entrance of
the proposed massage establishment to the property lines of
the parcel so zoned or used, without regard to intervening
structures.
(4) Any waiver of the provisions of this subsection shall be
pursuant to the provisions of division 1 of article V of this
chapter; provided, however, that any such application shall
be reviewed and determined as provided in section 41-1755
of this Code.
Sec. 41-1753.1. Massage establishment conditional use permit
requirements.
(a) Permit required. No massage establishment may be operated or
established within the city by right; all persons wishing to operate or establish a
massage establishment within the city must apply for and obtain a massage
establishment conditional use permit under this article.
(b) Application. Any person desiring to operate or establish a massage
establishment within the city shall file with the planning and building agency a
massage establishment conditional use permit application on a standard
application form supplied by the planning and building agency.
(c) Existing massage establishments. The city council declares that all
massage establishments legally established shall not be deemed to be
nonconforming to chapter 41, as amended, for failure to seek and obtain a
massage establishment conditional use permit for a period of one (1) year. The
city council further declares that all legally established massage establishments,
as that term is defined in this article, shall be deemed to be conforming for the
use or uses specified in any conditional use permit issued to the use.
Sec. 41-1753.2. Ancillary massage use land use certificate.
(a) Certificate required. No ancillary massage use may be conducted
or established within the city by right; all persons wishing to operate or establish
Ordinance No. NS-XXX
Page 26 of 36
11 A-26
an ancillary massage use within the city must apply for and obtain a ministerial
land use certificate under this article. The city's development project plan
approval process, set forth at section 41-668 et seq. of this Code, shall not apply
to applications solely for the issuance of an ancillary massage use land use
certificate.
(b) Application. Any person desiring to operate or establish an ancillary
massage use within the city shall file with the planning and building agency an
ancillary massage use land use certificate application on a standard application
form supplied by the planning and building agency.
(c) Existing ancillary massage use. The city council declares that all
ancillary massage uses legally established shall not be deemed to be
nonconforming to chapter 41, as amended, for failure to seek and obtain an
ancillary massage use land use certificate for a period of one (1) year. The city
council further declares that all legally established ancillary massage uses, as
that term is defined in this article, shall be deemed to be conforming for the use
or uses specified in any land use certificate issued to the use.
Sec. 41-1754. Permit and certificates--Contents of application.
(a) Initiation. The permit process shall be initiated by the filing of a
complete application with the executive director. The executive director shall
determine the completeness of the application within thirty (30) calendar days of
its submittal.
(b) Contents. The city council, by resolution, shall set forth the contents
required for such applications for a massage establishment conditional use
permit.
(c) Land use certificate. At the time of submittal for aland-use
certificate for massage as an ancillary use, the following items of information
shall be required:
(1) A fully dimensioned site plan and floor plan which clearly
identifies the area that will be used for massage purposes.
(2) Completed Land-use Certificate application.
(3) Approved Certificate of Occupancy.
(4) Copy of Rental Agreement.
(5) Approved Business License.
Ordinance No. NS-XXX
11 A-27 Page 27 of 36
Sec. 41-1755. Same--Decision to grant or deny.
(a) Action on application. The zoning administrator or designee shall
act as the decision-maker on the application and shall grant or deny an
application for a massage establishment conditional use permit.
(b) Investigation. Upon the filing of a completed application, the
decision-maker shall cause to be made an appropriate investigation, including
consultation with other city agencies and inspection of the premises as needed.
Consultation is not grounds for the city to unilaterally delay in reviewing a
completed application.
(c) Notice and hearing.
(1) Notice of hearing on a massage establishment conditional
use permit shall be mailed and noticed as prescribed in
Article 5 of this chapter.
(2) The decision-maker shall conduct the public hearing as
prescribed in section 3-4 of this Code. In reaching a
decision on an application, the decision-maker shall not be
bound by the formal rules of evidence.
(d) Time for hearing. After the investigation has been completed the
decision-maker shall conduct a noticed public hearing, as prescribed by this
section, on the application for a massage establishment conditional use permit.
(e) Action on application. The decision-maker shall render a decision
on the application for a massage establishment conditional use permit or an
ancillary massage use land use certificate within thirty (30) days of receiving a
complete application. The decision shall be made no later than the same day as
the final hearing on the application, and if not in writing, a written decision shall
be prepared within three (3) business days of the decision. The failure of the
decision-maker to render such a decision within this time frame shall be deemed
to constitute a denial.
(f) Final decision. The decision-maker's written decision shall be hand
delivered or mailed to the applicant, and shall be final.
(g) Court proceedings. All challenges to the decision-maker's action
shall be governed by the provisions of Code of Civil Procedure § 1094.5, except
that the city shall prepare and certify the administrative record of proceedings,
should it be requested by the petitioner, within thirty (30) days of the request.
Ordinance No. NS-XXX
Page 28 of 36
11 A-28
Sec. 41-1756. Same--Approval criteria.
(a) Findings. The decision-maker shall approve an application for a
massage establishment conditional use permit or an ancillary massage use land
use certificate subject to its compliance with this article, where the information
submitted by the applicant substantiates the following findings:
(1) No more than one (1) massage establishment conditional use
permit or ancillary massage use land use certificate may be issued
to one primary address.
(2) The proposed use complies with the applicable development and
design requirements of the underlying zoning district in which it is to
be located and with the applicable standards of this article.
(3) The proposed use will provide and maintain wastewater to establish
and maintain an unrestricted flow in sanitary sewers during average
and peak conditions as established by the city's approved sewer
master plan, as amended from time to time.
(4) The proposed use will provide and maintain solid waste services to
establish and maintain a level of service consistent with the city's
approved source reduction and recycling element.
(5) The proposed use is located in a zoning district in which a massage
establishment is permitted pursuant to subsection 41-1752(a).
(6) The massage establishment meets the distance criteria of
subsection 41-1752(b), which shall be measured as of the date of
the completed application.
(7) The proposed use does not involve an applicant, if an individual, or
any of the officers or general partners of an applicant, if a
corporation or partnership, that have been found guilty or pleaded
nolo contendere within the past four (4) years to a misdemeanor or
a felony classified by the state as a sex orsex-related offense.
(8) The applicant has not submitted false or misleading information on
the application.
(9) The applicant has not had an application for a massage
establishment conditional use permit or land use certificate denied
or revoked in the twelve (12) months preceding the date of the
current application.
Ordinance No. NS-XXX
11 A-29 Page 29 of 36
Sec. 41-1757. Same--Period of validity.
Any massage establishment conditional use permit or ancillary massage
use land use certificate approved pursuant to this article shall become null and
void unless the proposed use is established within one (1) year of the date from
the approval. The permit holder may apply for a single one-year extension of the
permit or certificate, provided that such application is filed prior to the expiration
of the permit. Any application for an extension shall be reviewed by the same
procedure as the original permit application. For purposes of this section, a
proposed use shall be deemed to be established if a building permit for the
project has been issued and construction diligently pursued; or, a certificate of
occupancy has been issued; or, a complete application for an extension has
been submitted.
Sec. 41-1758. Same--Revocation.
(a) Findings. Any permit or certificate issued pursuant to the provisions
of this article may be revoked by the city on the basis of any of the following:
(1) The business or use has been conducted in a manner which
violates the provisions of this article, the permit itself, fails to
conform to the plans, specifications or procedures described
in the application, violates the occupant load limits set by the
fire marshal, or which violates any city, state, or federal laws.
(2) The permittee has failed to obtain or maintain all required
city, county, and state licenses and permits.
(3) The permit or certificate is being used to conduct a use
different from that for which it was issued.
(4) The permittee has misrepresented a material fact in the
application for permit or has not answered each question
therein truthfully.
(5) Due to changes in on-site conditions, the massage
establishment or ancillary massage use lacks sufficient on-
site parking area for employees and the public under the
standards set forth in the city's parking ordinance, except for
an existing use that is legal and nonconforming with respect
to parking.
(6) The permitted business creates sound levels which violate
the noise control ordinance of the city.
Ordinance No. NS-XXX
Page 30 of 36
11 A-30
(7) That the use for which the approval was granted has been
discontinued, ceased to exist or has been suspended for a
continuous period of twelve (12) months or more.
(b) Notice of hearing. The grantor of the permit shall notice and
conduct a public hearing, as prescribed in this Code, on the proposed permit
revocation.
(c) Hearing. The zoning administrator or designee shall conduct the
revocation hearing and hear testimony regarding the proposed revocation from
any interested party. The hearing body shall not be bound by the formal rules of
evidence at the hearing.
(d) Notice. Written notice of hearing on the proposed permit or
certificate revocation, together with written notification of the specific grounds of
complaint against the permittee, shall be personally delivered or sent by certified
mail to the permittee at least ten (10) days prior to the hearing.
(e) Decision. The grantor shall revoke, not revoke, or not revoke but
add conditions to, the permittee's massage establishment conditional use permit
or ancillary massage use land use certificate.
(f) Decision and notice. Within ten (10) working days of the conclusion
of the hearing, the decision-maker shall render a decision supported by written
findings. A copy of the decision and written findings shall be mailed to the owner
of the use or structure for which the permit or certificate was revoked and to any
other person who has filed a written request for such notice.
(g) Time for decision. The decision-maker shall make all efforts to
provide a decision as soon as reasonably possible after the public hearing.
(h) Appeal of decision or call for review. If the decision on revocation is
made by the planning manager or designee, any interested person may appeal
the decision to the planning commission, or the decision may be reviewed by the
city council pursuant to a call for review by the council, pursuant to subsection
41-645(c).
(i) Effective date. The effective date of a decision to revoke a
massage establishment conditional use permit or an ancillary massage use land
use certificate shall be as provided in section 41-645.
(j) Renewal. In the event a permit is revoked pursuant to this article,
another massage establishment conditional use permit or ancillary massage use
land use certificate shall not be granted to the permittee or on the site of the
permit within twelve (12) months after the date of such revocation.
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11 A-31
Sec. 41-1759. Development and operating standards.
(a) The following development and operating standards shall be
applied to the operation of any massage establishment and ancillary massage
use:
(1) The owner must advise the City, in writing, at the time of the
application for a permit of the business hours and, thereafter,
of any changes in such hours. No person shall operate a
massage establishment or administer a massage in any
massage establishment between the hours of 10:00 p.m.
and 8:00 a.m. A massage begun any time before 10:00
p.m., must nevertheless terminate at 10:00 p.m. All
customers, patrons and visitors shall be excluded from the
massage establishment during these hours and be advised
of these hours.
(2) All exterior signs identifying the premises as a massage
establishment shall comply with the sign requirements of the
City.
(3) Each operator and/or on duty Responsible Employee shall
display the operator's permit in a conspicuous public place in
the lobby of the massage establishment.
(4) The hours of operation must be posted in the front window
and clearly visible from the outside.
(5) The operator and/or on duty Responsible Employee must
also post, on a daily basis in a conspicuous public place in
the lobby, the name of the operator and/or on duty
Responsible Employee as well as all on-duty massage
technicians.
(6) "No loitering" signs shall be posted at the front and rear of
the business. No outside waiting or seating area is
permitted in accordance with section 602 of the penal code.
(7) No person shall be permitted to consume alcohol on the
premises.
(8) Employees shall be at least eighteen (18) years of age.
There shall be a minimum of one (1) employee managing
the massage establishment during all working hours. During
each employee's working hours, the employee shall wear a
Ordinance No. NS-XXX
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11 A-32
badge identifying the business and the employee's full name.
(9) Occupancy shall not exceed that required under the uniform
building code and uniform fire code, and the maximum
occupancy load shall be posted at the main entrance.
(10) Window areas shall not be covered or made opaque in any
way. All windows and entrances must be unobstructed at all
times.
(11) Lighting levels on the premises within sixty (60) feet of the
use and in all required parking areas shall be maintained at
a minimum 1foot-candle of light.
(12) No exterior pay phones shall be permitted.
(13) Rear exits are prohibited unless required by either the
building code or the fire code. When required, rear exit doors
shall be kept in a locked closed position and shall have panic
hardware.
(14) No person shall be employed or permitted to act as a
massage technician who is not in possession of a valid, un-
revoked massage technician's permit.
(15) 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 by a recognized school or
massage.
(16) 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.
(17) Residing in an establishment is prohibited. No person or
persons shall be allowed to live, reside or dwell inside the
massage establishment at any time. No food of any kind
shall be prepared for sale or sold in the establishment.
(18) No interior doors may be locked during operating hours.
(b) The following development and operating standards shall be
applied to the operation of any ancillary massage use:
(1) All necessary building permits shall be required for its
construction.
Ordinance No. NS-XXX
11 A-33 Page 33 of 36
(2) If an independent massage room is utilized, it must comply
with the following standards:
(A) The door to the massage room may not have a
locking mechanism and may not be accessed directly
from the exterior.
(B) Lighting shall be provided within the room at a
minimum illumination of/4 foot-candles.
(3) Ancillary uses may not have signage other than that
permitted in section 41- 872(c) of the SAMC.
(4) The use of frosted or reflective glass is not permitted, nor
shall window coverings of any kind be utilized to screen the
interior of the business.
Sec. 41-1760. Applicability to other regulations.
The provisions of this article are not intended to provide exclusive
regulation of the regulated expressive business uses. Such uses must comply
with any and all applicable regulations imposed in other articles of the zoning
code, other city ordinances and state and federal law. Should a conflict exist
between the provisions of this article and the provisions of other articles of
chapter 41 of this Code, the provisions of this article shall prevail.
Section 21. 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
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, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 22. The Clerk of the Council shall certify to the adoption of this
ordinance.
Ordinance No. NS-XXX
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11 A-34
ADOPTED this day of
2009
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS-XXX
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11 A-35
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on ,and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
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11 A-36