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Home My WebLink About1893 - Amending Certain Portions of Chapter 5.50 of the Newport Beach Municipal Code Pertaining to Massage ParlorsORDINANCE NO. 1893 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN PORTIONS OF CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE PARLORS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Sections 5.50.010, 5.50.020, 5.50.040, 5.50.050, 5.50.060, 5.50.070, 5.50.100, 5.50.150, 5.50.160, and 5.50.180 of the Newport Beach Municipal Code are amended as follows: Section 5.50.010 Definitions For the purpose of the provisions regulating baths, sauna baths, massage parlors and similar businesses hereinafter set forth, the following words and phrases shall be construed to have the meaning herein set forth. (a) Massage: Any method of treating the external parts • of the body for remedial, hygienic or any other reason or purpose, whether by rubbing or touching parts of the body with the hand or an instrument, or by application of any substance or thing, including, but not limited to, electricity, water or vapor, oil or alcohol, by way of immersion, transmission or any other procedure. (b) Massage Parlor: Any business conducted within the City of Newport Beach where any person, for money or any other consideration, administers, to another person, a massage. (c) Massage Technician: Any person who administers, to another person, a massage within a massage parlor. Section 5.50.020 Permit Required It shall be unlawful for any person, association, firm or corporation to engage in, conduct, or carry on or to permit to be engaged in, conducted, or carried on, in or upon any premises within the City of Newport Beach, the business of a massage parlor in the absence of a permit issued pursuant to the provisions hereinafter set forth. Section 5.50.040 Application Fee: (b) Each application for a permit to allow an isindividual to perform the services of a massage technician shall be accompanied by an investigation fee as established by Resolution of the City Council. Section 5.50.050 Application Contents: (a) The full name and present address of the applicant; (b) The two previous addresses immediately prior to the present address of applicant; (c) Written proof that the applicant is over the age of eighteen (18) years; inches; (d) Applicant's height, weight, color of eyes and hair; (e) Two portrait photographs at least 2 inches by 2 (f) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application; (g) The massage or similar business license history of the applicant whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; (h) All convictions and the reasons therefor; (i) Applicants for a permit to be a massage technician shall submit a certificate from a medical doctor stating that the applicant has within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; (j) The term "recognized school" shall mean and include any school or institution which is licensed, certified or approved by the State of California for the purpose.of teaching the theory method, profession or work of a massagae technician. f 2 (k) Such other identification and information necessary to discovery the truth of the matters required to be set forth in ithe application. Section 5.50.060 Facilities Necessary No permit to conduct a massage parlor shall be issued unless the business is to be carried on within a structure, the structure is located in a zoning district which permits such use and unless an inspection by the City of Newport Beach reveals that the establishment complies with each of the following minimum requirements: Section 5.50.070 Permit Procedures Any applicant for a permit pursuant to these provisions shall present to the Police Department the application containing the aforementioned and described information. The Chief of Police shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, 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 Division of Building and Safety, the Fire Department and the City Health Officer 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 City Manager, or his designee, after receiving these recommendations shall grant a massage parlor permit if the applicant has complied with all provisions of this code. Unless it appears from the investigation that the applicant has been convicted of a felony or a crime of moral turpitude, or that the applicant, based upon prior business history, has operated such a • business in violation of applicable ordinances and that such violations would likely occur if applicant were to conduct such a business in the City of Newport Beach in the City of Newport Beach. The City Manager shall issue a massage technician permit 3 if the applicant meets the requirements of this code unless the applicant has been convicted of a felony or a crime of moral • turpitude. Any person denied a permit by the City Manager, or his designee, pursuant to these provisions, may appeal to the City Council. The appeal must be in writing, filed with the City Clerk, and must set forth the facts and circumstances that form the basis of the appeal. The right to appeal to the City Council shall terminate upon the expiration of 15 days followings 1. The deposit of a registered letter in the United States' mail advising the applicant of the action of the City Manager; or 2. Service upon applicant of a registered letter advising applicant of the action of the City Manager, whichever shall first occur. The City Clerk shall notify the applicant, in writing, by registered mail, of the time and place set for the • hearing of the appeal and the hearing shall be held not less than five days from the date on which the appeal was filed. The City Council may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to receive all relevant evidence and to prepare findings and recommendations to be considered by the City Council at a regular meeting held within 30 days from the date of the hearing. The City Council shall determine the merits of the appeal, and may sustain, overrule or modify the action of the City Manager. The decision of the City Council shall be final. All permits issued hereunder are nontransferable; provided, however, a change of location of a massage permit may be permitted pursuant to the provisions herein. • Section 5.50.100 Unlawful Activities - This section has been deleted in its entirety. 4 Section 5.50.150 Revocation of Permit A permit issued under these provisions may be revoked when the City Council, • after notice and hearing, determines that the permittee has failed to comply with any of the provisions of this Chapter, or when the permittee has been convicted of a felony or a crime involving moral turpitude. The notice of the hearing shall state the reasons for the proposed revocation and shall state the time and place where the hearing will be had. The notice of hearing must be served on the permittee at least 15 days prior to the date of the hearing and may be served on the permittee either personally or by the deposit of a copy of the notice in the U.S. mail, postage fully pre -paid and addressed to the permittee at the location of the business for which the permit has been issued or, in the case of a massage technician, either at the place of business or residence. Section 5.50.160 Sale or Transfer Upon the sale or • transfer of any interest in a massage establishment, the permit and license shall be null and void. Any application for an extension or expansion of the building or structure for which the permit was issued shall require inspection and compliance with the provisions of this chapter. Section 5.50.180 Violation and Penalty (c) Line 5 & 6 the words "revoke the business license pursuant to the procedure set forth in Section 5.50.150" are deleted. NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: 5 SECTION 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall be • effective thirty (30) days after the date of its adoption. 5 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the23rd day • of November , 1981, and was adopted on thel4thday of December 1981, by the following vote, to wit: AYES, COUNCIL MEMBERS Heather, Hart, Cox, Maurer, Plummer, Strauss, Hummel NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None • pnayor U ATTEST: A,j qty_ Clerk 11/23/81 pr 0