HomeMy WebLinkAbout1355 - 1355 - Massage Parlors & Similar Establishmentsr
ORDINANCE NO. 2 3 5 5
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 5.50 TO THE NEWPORT BEACH
MUNICIPAL CODE, REGULATING MASSAGE PARLORS,
BATHS, SAUNA BATHS, AND - SIMILAR BUSINESSES
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Chapter 5.50 is added to the Newport
Beach Municipal Code to read:
"Chapter 5.50
MASSAGE PARLORS
Sections:
5.50.010 Definitions.
5.50.020 Permit Required.
5.50.030 Exceptions.
5.50.040 Application; Fee.
5.50.050 Application; Contents.
5.50.060 Facilities Necessary.
5.50.070 Permit Procedures.
• 5.50.080 Display of Permit.
5.50.090 Change of Location.
5.50.100 Unlawful Activities.
5.50.110 Employees.
5.50.120 Inspection.
5.50.130 Records of Treatment.
5.50.140 Name of Business.
5.50.150 Revocation and Suspension of Permit.
5.50.160 Sale or Transfer.
5.50.170 Applicability of Regulations to
Existing Businesses.
5.50.180 Violation and Penalty.
5.50.010 Definiti� 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 meanings herein set forth, unless it is
apparent from the context that a different meaning
is intended:
(a) Massacre: A method of treating
• the external parts of the body for remedial or hygienic
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purposes, consisting of.rubbing, stroking, kneading,
or tapping with the hand or any instrument.
(b) Massage parlor or massage establish-
ment: An establishment having a fixed place of business
where any person, association, firm, or corporation
engagep in, conducts, or carries on, or permits to be
engaged in, conducted, or carried on, any business of
giving Turkish, Russian, Swedish, vapor, sweat, electric,
salt, magr�l tic, or any other kind or character of massage,
baths, alcohol rub, fomentation, manipulation.of the body
or similar procedures.
(c) Massage technician or technicians:
Any person, male or.female, who administers to another
person, for any.form.of consideration, a massage, alcohol
rub, fomentation, bath, electric or magnetic massage
procedure, manipulation of the body, or other similar
procedure.
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
establishment, or to render, or permit to be rendered,
massage services at a location removed from a massage
establishment within the City of Newport Beach in the
absence of a permit issued pursuant to the provisions
hereinafter set forth.
5.50.030 Exceptions. The requirements of-Section
5.50.020 et seq. shall have no application and no effect
upon and shall not be construed as applying to any persons
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designated as follows: physician, surgeon, chiropractor,
osteopath, or any registered or licensed vocational nurse
working under the supervision of a physician, surgeon,
chiropractor, or osteopath duly licensed to practice
their respective professions in the State or California, nor
shall the requirements of Sections 5.50.020 et seq. apply to
any treatment administered in good faith in the course of the
practice of any healing art or professions by any person licensed
to practice any such art or profession under the Business and
Professions Code of the State of California or of any other law
of this State. Practical nurses or other persons without quali-
fications as massage technicians, or other persons not otherwise
licensed by the State of California to practice pursuant to the
Medical Practice Act, whether employed by physicians, surgeons,
chiropractors, or osteopaths or not, may not give massages or
massage procedures.
5.50.040 Application; Fee. (a) Any person desiring to
• obtain a permit to operate a massage establishment or to perform mas -.
sage services shall make application to the Director of Finance who
shall refer all such applications to the Chief of Police for an in-
vestigation. An application to obtain a permit to operate a massage
establishment shall be accompanied by an investigation fee of One
Hundred Dollars ($100.00).
(b) Each application for a permit to permit an
individual to perform massage services shall be accompanied by an
investigation fee of Ten Dollars ($10.00).
(c) Permits and fees required by this Chapter shall
be in addition to any license, permit or fee required under any
other chapter of this code.
5.50.050 Application; Contents.. Any applicant for a permit
• shall submit the following information:
(a) The full name and present address of the applicant;
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(b) The two previous addresses immediately
prior to the present address of applicant;.
(c) Written statements of at least.five
(5) bona fide residents of the City of Newport Beach that
the. applicant is_of good moral character;
(d) Written proof that the applicant is
over the age of eighteen (18) years;
eyes and hair;
2" x 2"•
(e) Applicant's height, weight, color of
( €) Two portrait photographs at least
(g) Business, occupation, or employment
of the applicant for the three (3) years immediately
preceding the date of the application;
(h) 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;
(i) All convictions and the reasons therefor;
(j) A certificate from a medical doctor
stating that the applicant has, within, thirty days immedi,
ately prior thereto, been examined and found to be free
of any contagious or communicable disease;
(k) Applicant must furnish a diploma or
certificate of graduation from a recognized school or
other institution of learning wherein the method, profession
and work of massage technicians is taught. The term
"recognized school" shall mean and include any school or institution
of learning which has for its purpose the teaching of the theory,
• method, profession, or work of massage technicians, which school
requires a resident course of study of not less than two hundred
(200) hours to be given in not less than three calendar months
before the student shall be furnished with a diploma or certi-
ficate of graduation from such school or institution of learning
showing the successful completion of such course of study or learning.
Schools offering a correspondence course not
requiring actual attendance of class shall not be deemed a
"recognized school ". The City of Newport Beach shall have
a right to confirm the fact that the applicant has actually
attended classes in a recognized school for the aforementioned
minimum time periods by requiring the applicant to submit to
a written examination in the field of massage techniques.
In lieu of the foregoing educational require-
ment an applicant may submit written proof that he or she has
actually been engaged in practice as a massage technician for
not less than one (1) year in the City of Newport Beach, or
five (5) years elsewhere, preceding the date of application
and shall successfully pass a written examination in massage
techniques to be administered by the city.
(1) Such other identification and information
necessary to discover the truth of the matters hereinbefore
specified as required to be set forth in the application.
(m) Nothing contained herein shall be construed
to deny to the Police Department of the City of Newport Beach
the right to take the fingerprints and additional photographs
of the applicant, nor shall anything contained herein be
construed to deny the right of said department to confirm
the height and weight of the applicant.
5.50.060 Facilities Necessary. No permit to conduct
a massage establishment shall be issued unless
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an inspection by the City of Newport Beach reveals that
the establishment complies with each of the following
minimum requirements:
(a) A recognizable and readable sign
shall be posted at the main entrance identifying the
establishment as a massage establishment; provided,
that all such signs shall comply with the sign require-
ments of the City of Newport Beach.
(b) Minimum lighting shall be provided
in accordance with the Uniform Building Code, and, in
addition, at least one artificial light of not less
than 40 watts shall be provided in each enclosed room
or booth where massage services are being performed on
a patron.
(c) Minimum ventilation shall be provided
in accordance with the Uniform Building Code.
(d) Adequate equipment for disinfecting
and sterilizing instruments used in performing the acts
of massage shall be provided.
(e) Hot and cold running water shall be
provided at all times.
(f) Closed cabinets shall be provided,
which cabinets shall be utilized for the storage of
clean linen.
(g), In any establishment in which massage
services are rendered only to members of the same sex at
any one time, such persons of the same sex may 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 enclosed rooms or booths having
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adequate ventilation to an area outside said room or
booth while massage services are being performed.
(h) Adequate bathing, dressing, locker,
and toilet facilities shall be provided for patrons. A
minimum of one tub or shower, one dressing room containing
a separate locker for each patron to be served, which
locker shall be capable of being locked, as well as a
minimum of one toilet and one washbasin, shall be pro-
vided by every massage establishment; provided, however,
that if male and female patrons are to be served simul-
taneously at the establishment, separate bathing, a
separate massage room, or rooms, separate dressing and
separate toilet facilities shall be provided for male
and for female patrons.
(i) All walls, ceiling, floors, pools,
showers, bathtubs, steam rooms, and all other.physical
facilities for the establishment must be in good repair
and maintained in a clean and sanitary condition. Wet
and dry heat rooms, steam or vapor rooms, or steam or
vapor cabinets, shower compartments, and toilet rooms
shall be thoroughly cleaned each day the business is
in operation. Bathtubs shall be thoroughly cleaned
after each use.
(j) Clean and sanitary towels and
linens shall be provided for each patron of the establish,
ment or each patron receiving massage services. No
common use of towels or linens shall be permitted,
(k) A minimum of one separate washbasin
shall be provided in each massage establishment for the
use of employees of any such establishment, which basin
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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 per-
forming of massage services. In addition, there shall
be provided at each washbasin, sanitary towels.placed
in permanently installed dispensers.
(1) Proof of compliance with all
applicable provisions of the Newport Beach Municipal
Code shall be provided.
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 recom-
mendation 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 the aforementioned and described recommen-
dations, shall grant a permit to the establishment if
all requirements for a massage establishment described
herein are met, and shall issue a permit to all persons
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who have applied to perform massage services unless it
appears that any such person has deliberately falsified
the application or unless it appears that the record of
any such person reveals a conviction of a felony or a
crime of moral turpitude. The City Manager may recommend
to the City Council that an individual business establish-
ment shall be subject to a public hearing,and Council
approval, when in his judgment any such business establish-
ment has an effect upon the public health, safety, or
welfare of the community.
Any person denied a permit by the City
Manager or his designee pursuant to these provisions may
appeal to the City Council in writing, stating reasons why
the permit should be granted. The.City Council may grant
or deny the permit and such decision shall be final upon
the applicant.. Also, the City Council may elect on its
own motion to review any determination of the City Manager
granting or denying a.permit.
All permits issued hereunder are non-
transferable; provided, however, a change of location
of a massage establishment may be permitted pursuant
to the provisions herein.
5.50.080 Display of Permit. Every person,
association, firm, or corporation to whom or for which
a permit shall have been granted shall display said
permit in a conspicuous place so that the same may be
readily seen by persons entering the premises where the
massage, bath, or treatment is given.
5.50.090 Change of Location. A change of location
of any of the aforementioned and described premises may
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• be approved by the Chief of Police and City Planning
Director, provided all ordinances and regulations of
the.City of Newport Beach are complied with and the
change of location fee of Ten Dollars ($10.00) is
deposited with the City.
5.50.100 Unlawful Activities. It shall be
unlawful for any person to massage any other person,
or give or administer any bath or baths, or to give
or administer any of the other things mentioned in
this Chapter for immoral purposes, or in a manner
intended to arouse, appeal to or gratify the lust
or passions or sexual desires. Any violation of this
provision shall be deemed grounds for the revocation
of the permit granted hereunder.
• 5.50.110 Employees. It shall be the responsi-
bility of the holder of the permit for the massage
establishment, or the employer of any persons.purporting
to act as massage technicians, to insure that each
person employed as a massage technician shall first
have obtained a valid permit pursuant to this Chapter.
Any massage technician aide shall comply
with the requirements of Section 5.50.050.
5.50.120 Inspection. The Division of Building
and Safety, Fire and the City Health Officer shall, from
time to time, and at least twice each year, make an
inspection of each massage establishment in the City
of Newport Beach-for the purpose of determining that
the provisions of this Chapter are met.
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• 5.50.130 Records of Treatment. Every person,
association, firm, or corporation operating a massage
establishment under a permit as herein provided shall
keep a record of the date and hour of each treatment,
the name and address of the patron, and the name of the
technician administering such treatment. Said record
shall be open to inspection by officials charged with
the enforcement of these provisions for the purposes
of law enforcement and for no other purpose. The infor-
mation furnished or secured as a result of any such
inspection shall be confidential. Any unauthorized
dislcosure or use of such information by any officer
or employee of the City of Newport Beach.shall con-
stitute a misdemeanor and such officer or employee
shall be subject to the penalty provisions of this
ordinance in addition to any other penalties provided
by law. Identical records shall be kept of treatments
rendered off the business site, and in addition, shall
describe the address where the treatment was rendered.
Said records shall be maintained.for a period of two
(2) years.
5.50.140 Name of Business. No person licensed
to do business as herein provided shall operate under
any name or conduct his business under any designation
not specified in his permit.
5.50.150 Revocation and Suspension of Permit. No
permit or license shall be revoked until after a hearing
shall have been held before the City Council to determine
just cause for such revocation; provided, however, the
City Manager or his designee may order any permits
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suspended pending such hearing, and it shall be unlawful
for any person to carry on the business of a massage
technician or to operate as a massage establishment,
depending upon the particular type of.permit which has
been suspended, until the suspended permit has been
reinstated by the City Council. Notice of such hearing
shall be given in writing and served at least five (5)
days prior to the date of the hearing thereon. The
notice shall state the ground of the complaint against
the holder of such permit, or against the business
carried on by the permittee at the massage establish-
ment, and shall state the time and place where such
hearing will be had.
Said notice shall be served upon the
permit holder by delivering the same to such person
or by leaving such notice at the place of business or
residence of the permit holder in the custody of a
person of suitable age and discretion, In the event
the permit holder cannot be found, and the service of
such - notice cannot be•made: "in the manner herein pro-
vided, a copy of such notice shall be mailed, postage
fully prepaid, addressed to the permit holder at his
place of business or residence at least five (5) days
.prior to the date of such hearing.
5.50. 60 Sale or Transfer. Upon the sale or
transfer of any interest in a massage establishment,
the permit and license shall be null and void. A new
application shall be made by any person, firm, or
entity desiring to own or operate the massage estab-
lishment. A fee of Ten .Dollars ($10.00) shall be
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payable for each such application involving sale or
other transfer of any interest in an existing massage
establishment. The provisions of Section 5.50.040
and Section 5.50.050 of this Chapter shall apply to
any person, firm, or entity applying for a massage
establishment permit for premises previously used as
such establishment.
Any 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 5.50.060 of this Chapter.
5.50.170 Applicability of Regulations to Existing
Businesses. The provisions of this Chapter shall be
applicable to all persons and businesses described
herein, whether the herein described activities were
established before or after the effective date of this
ordinance and including any person or persons whose
application is presently under consideration or investi-
gation by the City. However, those businesses operating
prior to the date of adoption of this ordinance under a
valid license granted by the City of Newport Beach will
have a 120 -day grace period.from the date of adoption
within which to comply with all the conditions and
requirements of this ordinance as set forth hereinabove.
5.50.180 Violation and Penalty. (a) Every person,
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except those
persons who are
specifically exempted by
this Chapter,
whether acting
as an individual, owner,
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employee of the owner, operator or employee of the
operator, or whether acting as a mere helper for the
owner, employee, or operator, or whether acting as
a participant or worker in any way, who gives massage
or conducts a massage establishment or room, or who
gives or administers, or who practices the giving or
administering of steam baths, electric light baths,
electric tub baths, shower baths, sponge baths, vapor
baths, fomentation, sun baths, mineral baths, alcohol
rubs, Russian, Swedish or Turkish baths, or any other
type of therapy or who does or practices any of the
other things or acts mentioned in this Chapter without
first obtaining a permit and paying for a license so
to do from the City, or shall violate any provision
of this Chapter, shall be guilty of a misdemeanor.
(b) Any owner, operator, manager, or
permittee in charge or in control of a massage estab-
lishment who knowingly employs a person performing as
a massage technician as defined in this Chapter who is
not in possession of a valid permit, or who allows such
an employee to perform, operate or practice within such
a place of business, is guilty of a misdemeanor.
(c) Any massage establishment operated,
conducted, or maintained contrary to the provisions of
this Chapter shall be and the same is hereby declared
to be unlawful and a public nuisance and the City
Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, revoke the business license
pursuant to the procedure set forth in Section 5.50.150,
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commence an action or actions, proceeding or.proceedings,
for the abatement, removal and enjoinment thereof, in
the manner provided by law; and shall take such other
steps and shall apply to such court or courts as may
have jurisdiction to grant such relief as will abate or
remove such massage establishments and restrain and
enjoin any person from operating, conducting, or main-
taining a massage establishment contrary to the provisions
of this Chapter."
SECTION 2. Emergency ordinance effective immediately.
This ordinance is declared by the City Council to be necessary as
an emergency measure for preserving the public peace, health,
safety and welfare, and shall take effect immediately upon its
adoption. The following is a statement of the facts showing its
urgency:
Within recent months there has been a marked increase
in the establishment of massage parlors in Orange County and in
particular, Newport Beach. It appears that many of these
establishments are merely fronts for prostitution. This is
evidenced by the arrests over the past few months of operators
and employees of massage parlors doing business in Newport Beach
on charges of prostitution, and lewd conduct. An unreasonable
burden has been placed on the Newport Beach Police.Department
due to the number of arrests and investigations in connection
with massage parlors. The existing ordinances in Newport Beach
are inadequate to regulate the unlawful conduct sometimes
associated with this type of business. It is, therefore, in
the best interest of the citizens of Newport Beach that this
ordinance become effective immediately.
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SECTION 3. This ordinance shall be published once in
0 the official newspaper of the City.
This ordinance was introduced and adopted as an
emergency ordinance at a regular meeting of the City Council
of the City of Newport Beach held on the 14th day of September,
1970, by the following vote, to wit:
ATTEST:
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CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
DATE. .,e..18 i97n
[Itt CLERK OF THE Gltt eEWjj�Ri BEACH
AYES, COUNCILMEN: McInnis, Kymla,
Rogers, Hirth, Croul, Dostal, Parsons
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
Mayor
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