HomeMy WebLinkAboutNS-2779 - Amending Chapters 22 and 41 of Santa Ana Municipal Code to Update City's Regulation of Massage Establishments and Massage Technicians
ROH 3/2/09
ORDINANCE NO. NS-2779
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTERS 22 AND 41 OF
THE SANTA ANA MUNICIPAL 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 mayor 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 scheduled, 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.
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
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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.
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
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the public health, safety and welfare that the city council, in adopting this
ordinance, has found to be unacceptable.
I. 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") S 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 S 711.2 and
Title XIV, CCR S 753.5, the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
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:
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.
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(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 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 andlor arms only.
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Section 4. Section 22-2 of the Santa Ana Municipal Code is hereby amended to
add a subsection, such that it reads as follows:
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:
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:
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.
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(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 five (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.
(6) Two (2) photographs of the applicant at least two (2) inches by two
(2) inches taken within the last thirty (30) days.
(7) Business, occupation or employment history of the applicant for the
five (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 therefore, 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
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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.
(13) 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 contractor. 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
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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.
(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 ten (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.
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(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:
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:
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.
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(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 shall 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.
(2) An 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.
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(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
compliance with this chapter.
(2) The applicant has furnished an acceptable diploma or certificate of
graduation from a "recognized school", or is an active member in
good standing in the 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 ten (10) years prior to the date of
application.
(6) The applicant is 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
permit. Temporary permits will not be issued. Any permittee allowing his
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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.
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:
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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 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
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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:
Sec. 22-7. Massage establishment facilities.
Every massage establishment shall maintain facilities meeting the following
requirements:
(a) Sign. Establishment must comply with the City of Santa Ana sign
ordinance contained in Chapter 41.
(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 sixty (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.
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(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.
(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.
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:
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 8:00 a.m. to 10:00 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 any and all permits for each and
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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 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.
(g) In any establishment in which massage services are rendered only to
members of the same sex at anyone (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.
(h) 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.
0) 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
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below. 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 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.
(0) 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:
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. 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.
(b) Any such sale or transfer of any interest in an existing massage
establishment or any application for an extension or expansion of the
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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:
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.
(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
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.
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(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:
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 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.
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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 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
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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 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.
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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.
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.
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(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 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
Ordinance No. NS-2779
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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 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 a land-use certificate for
massage as an ancillary use, the following items of information shall be
required:
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(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.
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.
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(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 9 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.
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 or sex-related offense.
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(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.
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.
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(6) The permitted business creates sound levels which violate the
noise control ordinance of the city.
(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.
G) Renewal. In the event a permit is revoked pursuant to this article, another
massage establishment conditional use permit or ancillary massage use
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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.
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 badge identifying the
business and the employee's full name.
(9) Occupancy shall not exceed that required under the uniform
Ordinance No. NS-2779
Page 29 of 32
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 1
foot-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.
(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.
Ordinance No. NS-2779
Page 30 of 32
ROH 3/2/09
(B) Lighting shall be provided within the room at a minimum
illumination of Yo 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 anyone 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.
ADOPTED this 16th day of March, 2009
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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Ordinance No. NS-2779
Page 31 of 32
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-2779 to be the original ordinance adopted by the City
Council of the City of Santa Ana on March 16. 2009, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ,:;ks /~)C:;
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Patricia E. Healy
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2779
Page 32 of 32
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