HomeMy WebLinkAbout85-32 - Amending Chapter 5.50 of the Newport Beach Municipal Code Pertaining to Massage EstablishmentsORDINANCE NO. 85 -32
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 5.50 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO MASSAGE
ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS
•
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FOLLOWS:
SECTION 1:
Chapter 5.50 of the Newport Beach
Municipal Code
is amended to
read as follows:
SECTIONS:
5.50.005
Findings and Purpose
5.50.010
Definitions
5.50.015
Operator's Permit Required
5.50.020
Application for Operator's Permit
5.50.025
Operator's Permit Issuance and Denial
5.50.030
Massage Technician Permit
5.50.035
Application for Massage Technician
Permit
•
5.50.040
Massage Technician Permit Issuance
and Denial
5.50.045
Off- Premises Massage Permit
5.50.050
Requirements of Operations
5.50.055
Changes of Business
5.50.060
Fees
5.50.065
Exemption; Existing Permittees
5.50.070
Transfer and Duration of Permits
5.50.075
Suspension, Revocation, Denial and
Appeal
5.50.080
Violation and Penalty
5.50.085
Severability
•
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5.50.005. Findings and Purpose.
The City Council finds and declares as follows:
A. The permit requirements and restrictions imposed by this
• Ordinance are necessary to protect the health, safety and welfare
of the citizens of the City of Newport Beach; and
B. The City of Newport Beach is authorized, by virtue of
the provisions of the City Charter and Section 51031 of the
Government Code, to regulate massage establishments and impose
reasonable standards relative to the skills and experience of
massage operators and massage technicians and the conditions of
operation of the massage establishment; and
C. There is a significant risk of injury to massage clients
with certain medical conditions and this Ordinance provides
safeguards against injury and economic loss; and
D. There has been an increase in the incidence of acts of
prostitution occurring in massage establishments and the
establishment of standards for issuance of permits and
• restrictions on operation would serve to reduce the risk of
illegal activity; and
E. The restrictions and requirements contained in this
chapter reduce the burdens on the police department and permit
the deployment of the police personnel such that more serious
crimes may be prevented and more important laws be enforced; and
F. The regulations and restrictions contained in this
Ordinance tend to discourage massage establishments from
degenerating into houses of prostitution and the means utilized
in this Ordinance bear a reasonable and rational relationship to
the goals sought to be achieved.
5.50.010 Definitions.
A. Chief of Police. The Chief of Police of the City of
• Newport Beach,
B. City Manager. The City Manager of the City of Newport
Beach.
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C. City Council
Beach.
The City Council of the City of Newport
D. Director of Finance. The Director of Finance of the
• City of Newport Beach.
E. Health Department. The health care agency of the County
of Orange that is contracted by the City of Newport Beach.
F. 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.
G. Massage establishment. Any business conducted within
the City of Newport Beach where any person, for money or any
other consideration, administers, to another person, a massage.
H. Massage Technician. Any person who administers, to
• another person, a massage within a massage establishment or is in
training or apprenticeship to administer a massage.
I. Notice. Except as otherwise provided in this chapter,
any notice may be given by United States Mail, postage prepaid
and properly addressed. Notice shall be presumed given when
deposited in the United States Mail.
J. Operator's Permit. The permit required pursuant to the
provisions of this chapter to operate a massage establishment.
H. Police Department. The Police Department of the City of
Newport Beach.
5.50.015. Operator's Permit Required.
No person shall operate a massage establishment within
the City without first obtaining an operator's permit pursuant to
•Sections 5.50.020 and 5.50.025 of this chapter and securing the
necessary business license as required by this code.
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5.50.020. Application for Operator's Permit.
A. Any person desiring an operator's permit for massage
establishment business shall file a written application on the
• required form with the Director of Finance who shall refer all
such applications to the Chief of Police for an investigation.
The applicant shall accompany the application with the
appropriate filing fee.
For purposes of this section, applicant shall mean the
operator of the proposed massage establishment, if a sole
proprietorship; each general partner, if a partnership; each
officer and director, if a corporation; and each participant, if
a joint venture.
The application shall contain or be accompanied by the
following information:
1. The type of ownership of the business, i.e., whether
by individual, partnership, corporation, or otherwise.
2. The precise name under which the massage
• establishment is to be conducted.
3. The complete address and all telephone numbers of
the massage establishment.
4. A complete list of the names and residence addresses
of all proposed massage technicians and employees in the massage
establishment and the name and residence addresses of the manager
or managing employee proposed to be principally in charge of the
operation of the massage establishment.
5. The following personal information concerning the
applicant:
a. Name and complete residence address.
b. Two previous addresses immediately prior to the
present address of the applicant.
•
C. Written proof of age.
d. Height, weight, color of hair, eyes and sex.
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e. Two front faced portrait photographs at least
two (211) inches by two (211) inches in size taken by the Police
Department.
• f. The massage or similar business history and
experience of the applicant, including but not limited to,
whether or not such person, in previously operating a massage
establishment or similar business in this or other city or state
under license or permit has had such license or permit denied,
revoked, or suspended and the reasons therefor.
g. All criminal convictions, excluding traffic,
misdemeanor or infraction violations.
h. A complete set of fingerprints taken by the
Police Department.
6. Authorization for the City, its agents and employees
to seek verification of the information contained in the
application.
7. Such other information and identification as deemed
• necessary by the Chief of Police.
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.
B. Each operator must pass a written test dealing with the
requirements of this chapter to insure complete understanding of
the operator's and manager's duties prior to the issuance of the
operator's permit.
5.50.025. Operator's Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the
Chief of Police shall conduct an investigation, in such manner as
he or she deems appropriate in order to ascertain whether such
permit should be issued as requested. The Chief of Police shall
• render a recommendation to the City Manager to approve,
conditionally approve, or deny the application within forty -five
(45) days of the filing of an application. Said forty -five (45)
day period may be continued for an additional thirty (30) days if
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necessitated by the occurrence of events beyond the control of
the Chief of Police. The City Manager shall issue such permit as
requested unless the City Manager makes any of the following
• findings:
(1) Any person that will be directly engaged or
employed in the massage establishment, has been convicted of a
violation of Health and Safety Code Section 11550 or a violation
of Penal Code Sections 266i, 315, 316, 318, or 647(b), or has
been convicted in any other state of any offense which, if
committed or attempted in this state, would have been punished as
one or more of the above mentioned offenses, or that any such
person is required to register under the provisions of Penal Code
Section 290.
(2) Any person that will be directly engaged or
employed in the massage establishment, has been convicted of any
felony offense involving the sale of a controlled substance
specified in the Health and Safety Code Section 11054, 11055,
is 11056, 11057 or 11058 or has been convicted in any other state of
any offense which, if committed or attempted in this state, would
have been punishable as one or more of the above mentioned
offenses.
(3) Any person that will be directly engaged or
employed in the massage establishment, has committed an act,
which, if done by a permittee under this chapter, would be
grounds for suspension or revocation of the permit.
(4) Any person that will be directly engaged or
employed in the massage establishment, has been convicted of an
act involving dishonesty, fraud or deceit with the intent to
substantially benefit himself, herself, or another or
substantially to injure another, or an act of violence, which act
• or acts are substantially related to the qualifications,
functions, or duties of the massage establishment.
(5) The operations of the massage establishment
would, if allowed, constitute a public nuisance.
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(6) The applicant has knowingly made a false,
misleading, or fraudulent statement of fact to the City in the
permit application process.
is (7) The application does not contain the
information required by Section 5.50.020.
(8) The applicant has not satisfied the
requirements of this chapter.
B. The City Manager shall specify such conditions on the
issuance of an operator's permit as are reasonably necessary to
ensure compliance with this chapter and other applicable laws.
Such conditions shall include, but not be limited to, the
following:
(1) No massage technician, or employee when working
or present in the massage establishment, shall expose his or her
genitals, buttocks, or, in the case of a female, her breast (s)
nor, in the course of administering a massage, make intentional
contact with the genitals or anus of another person.
• (2) No person shall massage any other person, or
give or administer any bath or baths, or to give or administer
any of the procedures or services set forth in this chapter in a
manner in which the person giving or administering such massage
or bath touches the person receiving the massage or bath upon the
genitals, breasts or buttocks with intent to arouse, appeal to or
gratify the lust or passions or sexual desires of such person
receiving the massage or bath.
(3) No person granted a permit as herein provided
shall operate under any name or conduct business under any
designation not specified in his or her permit.
(4) All massage establishments required to be
licensed under this chapter shall have a manager on the premises
• at all times during which the massage establishment is open. The
operator of each massage establishment required to be licensed
under this chapter shall file a statement with the Chief of
Police designating the person or persons with power to act as a
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manager at the operator's massage establishment. The manager of
employ as a massage technician or massage technician aide in a
massage establishment any person who has not obtained and then
possesses a valid massage technician permit issued pursuant to
Section 5.50.035 of this chapter. Every holder of an operator's
permit under this chapter shall report to the Director of Finance
and the Chief of Police any and all changes of employees, whether
by new or renewed employment, discharge, or termination, stating
the name of the employee, and the date of change. The report
shall be made within five (5) days of the change. The operator
shall take all reasonable steps for the return of the police
• permit and photo identification card of all massage technicians
who are discharged, or who otherwise terminate their employment,
to the Chief of Police.
(6) All persons, massage technicians, and
attendants shall wear clean outer garments. These garments must
be of a fully opaque material and provide the complete covering
from mid -thigh to shoulders of such employees, massage
technicians, and attendants.
(7) No massage technician, massage technician aide
or employee, while performing any task or service associated with
the massage business, shall be present in any room with another
person unless the person's genitals, buttocks, or in the case of
female, her breast(s), are fully covered.
• (8) The massage establishment shall not refuse
service on the basis of a customer's sex, race, color, religion,
ancestry, national origin or other arbitrary factor proscribed by
the Unruh Civil Rights Act, Civil Code Section 51, et seq.
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each massage
establishment
shall take
necessary
steps to ensure
that copies
of the massage
technician
permit for
each on -duty
•
massage technician
shall be
conspicuously
posted
on the premises
so that the
same may be readily
seen
by persons
entering the
premises.
(5) No person
having an
operator's
permit shall
employ as a massage technician or massage technician aide in a
massage establishment any person who has not obtained and then
possesses a valid massage technician permit issued pursuant to
Section 5.50.035 of this chapter. Every holder of an operator's
permit under this chapter shall report to the Director of Finance
and the Chief of Police any and all changes of employees, whether
by new or renewed employment, discharge, or termination, stating
the name of the employee, and the date of change. The report
shall be made within five (5) days of the change. The operator
shall take all reasonable steps for the return of the police
• permit and photo identification card of all massage technicians
who are discharged, or who otherwise terminate their employment,
to the Chief of Police.
(6) All persons, massage technicians, and
attendants shall wear clean outer garments. These garments must
be of a fully opaque material and provide the complete covering
from mid -thigh to shoulders of such employees, massage
technicians, and attendants.
(7) No massage technician, massage technician aide
or employee, while performing any task or service associated with
the massage business, shall be present in any room with another
person unless the person's genitals, buttocks, or in the case of
female, her breast(s), are fully covered.
• (8) The massage establishment shall not refuse
service on the basis of a customer's sex, race, color, religion,
ancestry, national origin or other arbitrary factor proscribed by
the Unruh Civil Rights Act, Civil Code Section 51, et seq.
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•
C
(9) The massage establishment shall comply with
Section 5.50.050, Requirements of Operation.
(10) Each person having an operator's permit shall
provide the Chief of Police with evidence of the insurance
required by Section 5.50.050 within forty -five (45) days of the
date of issuance of the permit.
(11) The massage establishment shall comply with
all provisions of this chapter and the applicable provisions of
the Newport Beach Municipal Code.
5.50.030 Massage Technician Permit.
No person shall perform or administer a massage in a
massage establishment, or for compensation unless such person has
in effect a massage technician permit issued pursuant to Sections
5.50.035 and 5.50.040 of this chapter. A massage technician aide
and any person in training or apprenticeship shall comply with
the requirements of Sections 5.50.035 and 5.50.040.
5.50.035 Application for Massage Technician Permit.
A. Any person desiring a massage technician permit shall
file a written application on the required form with the Director
of Finance who shall refer all such applications to the Chief of
Police for an investigation. The applicant shall accompany the
application with the appropriate filing fee. The application
shall contain or be accompanied by the following information:
(1) A statement of the exact location at which the
applicant will be working as a massage technician, including the
full street address and all telephone numbers associated with
said location, and the name and address of the massage
establishment.
(2) A statement, in writing, from a licensed physician
in the State of California that he or she has examined the
applicant within the past thirty (30) day period preceding said
application and believes the applicant to be free from all
communicable diseases.
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(3) The following personal information concerning the
applicant:
(a) Name, complete residence address and telephone;
• (b) Two (2) previous addresses immediately prior to
the present address of the applicant;
sex.
(c) Written proof of age;
(d) Height, weight, color of hair and eyes, and
(e) Two (2) front faced portrait photographs at
least two (211) inches by two (211) inches in size taken by the
Police Department.
(f) The massage business or similar business
history experience of the applicant, including but not limited
to, whether or not such person, in previously performing massage
services or operating a massage establishment or similar business
in this City or other city of this state under license or permit,
has had such license or permit denied, revoked, or suspended and
• the reasons therefor.
(4) All criminal convictions and reasons therefor
excluding traffic, misdemeanor or infraction violations.
(5) A complete set of fingerprints taken by the Police
Department.
(6) Such other information and identification as deemed
necessary by the Chief of Police.
(7) Authorization for the City, its agents and
employees to seek verification of the information contained in
the application.
(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.
• B. Each applicant must furnish a diploma or certificate and
transcript of graduation from an approved school wherein the
method, profession, anatomical and physiological knowledge and
practice of massage technician is taught. The term "approved
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school" means and includes any school or institution of learning
licensed by the State of California and approved by the State
Superintendent of Public Instruction pursuant to Education Code
•
Section 94311D and reviewed
by the
Superintendent within the
preceding twelve (12) month
period
which school has for its
purpose teaching of the theory, the method, profession, or work
of massage technicians and which school requires a resident
course of study of not less than 300 hours. The applicant must
also supply a course description, an outline of material covered,
transcript and a letter to the City from the school administrator
verifying completion.
The Chief of Police may consider an applicant's study of
massage completed outside the State of California if proof of
completion from a formalized course of study in massage practice,
anatomy, physiology is provided upon application. Proof of
completion shall include, but not be limited to, dates of study,
the name of the school attended, and the address and phone number
• of the school attended.
Any outside course of study submitted for approval shall
meet the State of California's Office of Post Secondary
Education's minimum requirements.
C. The applicant must pass a written examination prior to
the issuance of the massage technician permit. The examination
shall meet the following requirements:
(1) The examination shall, in the judgment of the City
Manager, be such as to fairly determine the ability of the
applicant to perform the work which the applicant will be
authorized to do by the permit applied for, and shall cover the
following subjects: anatomy, physiology, hygiene, sanitation,
massage theory, ethics of massage practice, first aid and CPR,
• and the provision of this chapter.
(2) The examination may be conducted by the Finance
Director, or his or her designee. Qualified persons shall
prepare the examination. A qualified person shall have at least
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five (5) years of licensing or practice in his or her health care
field and shall include licensed health care professionals as
doctors, chiropractors, physical therapists, and individuals who
• have pursued required courses in and graduated from an approved
massage school and received a diploma from the massage school.
(3) The Chief of Police and Finance Director shall
establish standards and procedures governing the administration
and grading of all examinations and shall exercise such
supervision as may be necessary to ensure compliance therewith.
(4) The examination will be in the English language.
In the event that the application requires that the examination
be given in another language, he or she must notify the Chief of
Police in advance and pay the appropriate fee for translation.
(5) An applicant who fails to pass the examination
shall not be eligible for another examination until sixty (60)
days after the previous examination. An applicant who fails to
pass upon a third attempt, shall not be again eligible until six
• (6) months thereafter. An additional processing fee may be
required to be filed with the Chief of Police prior to each
examination.
5.50.040 Massage Technician Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the
Chief of Police shall conduct an investigation in such manner as
he or she deems appropriate in order to ascertain whether such
permit should be issued as requested. The Chief of Police shall
make a recommendation to the City Manager to approve,
conditionaly approve, or deny the application within forty -five
(45) days of the filing of an application. Said forty -five (45)
day period may be continued for an additional thirty (30) days if
necessitated by the occurrence of events beyond the control of
• the Chief of Police. The City Manager shall issue such permit as
requested unless the City Manager makes any of the following
findings:
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1. The applicant has been convicted of a violation of
Health and Safety Code Section 11550 or a violation of Penal Code
Sections 2661, 351, 316, 318, or 647(b), or has been convicted in
• any other state of any offense which, if committed or attempted
in this state, would have been punished as one or more of the
above mentioned offenses, or that the applicant is required to
register under the provisions of Penal Code Section 290.
2. The applicant has been convicted of any felony
offense involving the sale of a controlled substance specified in
Health and Safety Code Sections 11054, 11055, 11056, 11057, or
11058 or has been convicted in any other state of any offense
which, if committed or attempted in this state, would have been
punishable as one or more of the above mentioned offenses.
3. The applicant has committed an act, which, if done
by a permittee under this chapter, would be grounds for
suspension or revocation of the permit.
4. The applicant has been convicted of an act involving
• dishonesty, fraud, or deceit with the intent to substantially
benefit himself, herself, or another or substantially injure
another, or an act of violence, which act or acts are
substantially related to the qualifications, functions, or duties
of a massage technician.
5. The applicant has knowingly made a false,
misleading, or fraudulent statement of fact to the City in the
permit application process.
6. The application does not contain the information
required by Section 5.50.035.
7. The applicant has not satisfied the requirement of
this chapter.
B. The City Manager shall specify such conditions on the
issuance of a massage technician's permit that are reasonably
necessary to ensure compliance with this chapter and other
applicable laws. Such conditions shall include, but not be
limited to, the following:
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1. No massage technician or employee, when working or
present in the massage establishment, shall expose his or her
genitals, buttocks, or, in the case of a female, her breast(s)
10 nor, in the course of administering a massage, make intentional
contact with the genitals or anus of another person.
2. No person shall massage any other person, or give or
administer any bath(s), or to give or administer any of the
procedures or services set forth in this chapter in a manner in
which the person giving or administering such massage or bath(s)
touches the person receiving the massage or bath(s) upon the
genitals, breasts or buttocks with intent to arouse, appeal to or
gratify the lust or passions or sexual desires of such person
receiving the massage or bath(s).
3. That the holder of the permit must display a photo
identification card prepared by the Police Department when
working pursuant to the permit. This card must be worn and
displayed on the outer clothing. If a permit holder changes his
• or her business address, he or she shall be required, within
seven (7) days after such change occurs, to obtain from the
Police Department a new photo identification card and advise the
Director of Finance, in writing, of the new business address.
4. Every person to whom or for whom a permit shall have
been granted pursuant to the provisions of this chapter shall
display said permit in a conspicuous place within the massage
establishment so that the same may be readily seen by persons
entering the premises.
5. All persons, massage technicians, and attendants
shall wear clean outer garments. These garments must be of a
fully opaque material and provide the complete covering from mid-
thigh to shoulders of such employees, massage technicians, and
• attendants.
5.50.045 Off - Premises Massage Permit.
A. For purposes of this chapter, a massage performed or
administered off - premises and requiring an off - premises massage
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permit shall be one performed or administered for money or other
consideration at a location other than a massage establishment.
The massage establishment shall only include those premises for
which an operator's permit has been obtained and which complies
with Section 5.50.050, Requirements of Operation, of this
chapter.
B. No person shall perform or administer a massage off the
premises of a massage establishment, for money or other
consideration, without first obtaining massage technician permit
under Sections 5.50.035 and 5.50.040 and an off - premises massage
permit under this section. Any person desiring an off - premises
massage permit shall file a written application on the required
form with the Director of Finance who shall refer all such
applications to the Chief of Police for an investigation. The
applicant shall accompany the application with the appropriate
filing fee. The application shall contain or be accompanied by
the following information:
• 1. The complete name, residence and business address
and telephone number of the applicant.
2. The precise name and complete address and telephone
number of each person receiving the off - premise massage.
3. The complete address at which the off - premises
massage is to be conducted.
4. The specific reasons necessitating the performance
of the massage at a location other than a massage establishment.
5. Such other information deemed necessary by the Chief
of Police.
C. Upon receipt of a written application for an
off - premises massage permit, the Chief of Police shall conduct an
investigation in such manner as he or she deems appropriate in
order to ascertain whether such permit should be issued as
requested. The Chief of Police shall make a recommendation to
the City Manager to approve, conditionally approve, or deny the
application within forty -five (45) days of the filing of an
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application. Said forty -five (45) day period may be continued
for an additional thirty (30) days if necessitated by the
occurrence of events beyond the control of the Chief of Police.
• The City Manager shall issue such permit as requested unless the
City Manager finds that it is not reasonably necessary to perform
or administer the massage at a location other than the massage
establishment. The City Manager shall specify such conditions on
the issuance of the off - premises massage permit that are
reasonably necessary to ensure compliance with this chapter and
other applicable laws.
5.50.050 Requirements of Operation.
1. Structure. Massage shall be carried on in a
structure which is located in a zoning district which permits
such use. When a new massage establishment is constructed, three
(3) sets of plans shall be submitted to the City of Newport Beach
and the County Health Care Agency for approval and shall be
readable sign that will be posted adjacent to the main entrance
identifying the premise as a massage establishment. The signs
may not use any strobe lights or other flashing lights to
illuminate the front of the business. Each operator shall have
posted, in a conspicuous location upon the premises where the
massage operation is to be conducted, the operator's permit as
issued by the Chief of Police.
3. Lighting. Each operator shall provide in each room
where massage is given sufficient lighting and ventilation that
complies with the Uniform Building Code. The lighting in each
massage room shall be at least one (1) forty (40) watt white
• light bulb. No strobe flashing lights shall be used. No colored
lights shall be used as a primary light source nor shall any
coverings be used which change the color of the primary light
source.
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accompanied by the
appropriate plan check
fee.
•
2. Signs.
Each operator shall
erect and maintain,
after obtaining the
necessary permits, a
recognizable and
readable sign that will be posted adjacent to the main entrance
identifying the premise as a massage establishment. The signs
may not use any strobe lights or other flashing lights to
illuminate the front of the business. Each operator shall have
posted, in a conspicuous location upon the premises where the
massage operation is to be conducted, the operator's permit as
issued by the Chief of Police.
3. Lighting. Each operator shall provide in each room
where massage is given sufficient lighting and ventilation that
complies with the Uniform Building Code. The lighting in each
massage room shall be at least one (1) forty (40) watt white
• light bulb. No strobe flashing lights shall be used. No colored
lights shall be used as a primary light source nor shall any
coverings be used which change the color of the primary light
source.
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4. Equipment. Each operator shall provide and maintain
adequate equipment for disinfecting and sterilizing of
met.
The Health Department shall, from time to time, and
at least twice a year, make an inspection of each massage
establishment in the City for the purposes of determining that
• the health provisions of the laws of the State of California and
Ordinances of the City of Newport Beach and County of Orange are
met.
6. Facilities. A minimum of one (1) tub or shower, and
one (1) toilet and wash basin shall be provided for the patrons
in every massage establishment. If male and female patrons are
to be served by the massage establishment, separate bathing,
massage rooms, dressing, toilet facilities, steam rooms and
saunas shall be provided for male and female patrons. Hot and
cold running water under pressure shall be provided to all wash
basins, bathtubs, showers, and similar equipment. In addition to
the wash basin provided for patrons, a minimum of one (1)
instruments
used in massage.
is
5.
Inspections. The City's Building and Safety, Fire
of employees, which basin shall provide
Department,
Chief of Police or his or her designee and the Health
Department,
shall inspect the premises proposed to be devoted to
soap or
the massage
establishment and shall certify on the required
permit application,
compliance or noncompliance with the
practical to the area devoted to the
regulations
in this chapter. The City's Building and Safety,
massage
Fire Department,
Chief of Police or his or her designee and the
Health Department
may, from time to time, and at least twice each
year, make
an inspection of each massage establishment for the
purpose of
determining that the provisions of this chapter are
met.
The Health Department shall, from time to time, and
at least twice a year, make an inspection of each massage
establishment in the City for the purposes of determining that
• the health provisions of the laws of the State of California and
Ordinances of the City of Newport Beach and County of Orange are
met.
6. Facilities. A minimum of one (1) tub or shower, and
one (1) toilet and wash basin shall be provided for the patrons
in every massage establishment. If male and female patrons are
to be served by the massage establishment, separate bathing,
massage rooms, dressing, toilet facilities, steam rooms and
saunas shall be provided for male and female patrons. Hot and
cold running water under pressure shall be provided to all wash
basins, bathtubs, showers, and similar equipment. In addition to
the wash basin provided for patrons, a minimum of one (1)
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separate wash
basin shall be provided in each massage
establishment
for use
of employees, which basin shall provide
•
detergent
hot at all times and shall be
soap or
and
running water
located within
or as
practical to the area devoted to the
performing of
massage
services. A permanently installed soap
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dispenser, filled with soap, and a single service towel dispenser
shall be provided at the restroom handwash sink, employee
handwash sink and shower stalls. No bar soap can be used. A
• trash receptacle shall be provided in each toilet room.
7. Separate Rooms. 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 adequate ventilation to
an area outside said room or booth while massage services are
being performed. No door to a room in which a massage is being
performed shall be locked.
8. Maintenance. All walls, ceilings, floors, pools,
showers, bathtubs, steam rooms, and all other physical facilities
day the business is in operation. Bathtubs shall be thoroughly
cleaned after each use. All walls, floors and ceilings of each
restroom and shower areas shall be made smooth and easily
cleanable. All floors shall have an approved floor covering. No
carpeting shall be installed in any of these areas.
9. Massage Table. A massage table shall be provided in
each massage room and the massage shall be performed on this
massage table. The table should have a minimum height of
eighteen (1811) inches. Two (211) inch thick foam pads with a
maximum width of four (4') feet may be used on a massage table
and must be covered with durable, washable plastic or other
• waterproof material. Beds, floor mattresses, and waterbeds may
not be used in the administration of a massge.
10. Linen. Common use of towels or linens shall not be
permitted. Towels and linen must be laundered after each
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for the massage
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. All walls, floors and ceilings of each
restroom and shower areas shall be made smooth and easily
cleanable. All floors shall have an approved floor covering. No
carpeting shall be installed in any of these areas.
9. Massage Table. A massage table shall be provided in
each massage room and the massage shall be performed on this
massage table. The table should have a minimum height of
eighteen (1811) inches. Two (211) inch thick foam pads with a
maximum width of four (4') feet may be used on a massage table
and must be covered with durable, washable plastic or other
• waterproof material. Beds, floor mattresses, and waterbeds may
not be used in the administration of a massge.
10. Linen. Common use of towels or linens shall not be
permitted. Towels and linen must be laundered after each
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usage. Separate enclosed cabinets shall be provided for the
establishment. No food of any kind shall be prepared for sale or
sold in the establishment unless an appropriate food vending
permit is granted by the County of Orange.
12. Alcoholic Beverages /Drugs. No person shall enter,
be, or remain in any part of a massage establishment licensed
under this chapter while in possession of, consuming, using, or
under the influence of any alcoholic beverage or drug. The
owner, operator, and manager shall be responsible for taking
reasonable steps to ensure that no such person shall enter or
remain upon the massage establishment. Service of alcoholic
beverages shall not be permitted.
• 13. Recordings. No building or part thereof used as a
massage establishment shall be equipped with any electronic,
mechanical, or artificial device used or to be used for recording
or for monitoring the performance of the massage or the
conversation or other sounds in the massage rooms.
14. Coverings. Each establishment shall provide to all
patrons, clean, sanitary and opaque coverings capable of covering
the patrons specified anatomical areas, including the genital
area and buttocks and female breast(s). No common use of such
coverings shall be permitted and re -use is prohibited unless
adequately cleaned. The genital area of the patrons shall be
covered at all times during the performance of the massage.
15. Records. Every person operating a massage
• establishment shall keep a record of the dates and hours of each
treatment or service, name and address of the patron, name of
technician administering such service and description of the
treatment or service rendered. These records shall be retained
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storage
of
clean and soiled linen and
shall
be plainly marked
"clean
linen"
and "soiled linen" and
shall
have doors or covers.
11.
Living Prohibited. No
person
or persons shall be
allowed
to
live inside the massage establishment
at any time.
All living
quarters shall be separate
from
the massage
establishment. No food of any kind shall be prepared for sale or
sold in the establishment unless an appropriate food vending
permit is granted by the County of Orange.
12. Alcoholic Beverages /Drugs. No person shall enter,
be, or remain in any part of a massage establishment licensed
under this chapter while in possession of, consuming, using, or
under the influence of any alcoholic beverage or drug. The
owner, operator, and manager shall be responsible for taking
reasonable steps to ensure that no such person shall enter or
remain upon the massage establishment. Service of alcoholic
beverages shall not be permitted.
• 13. Recordings. No building or part thereof used as a
massage establishment shall be equipped with any electronic,
mechanical, or artificial device used or to be used for recording
or for monitoring the performance of the massage or the
conversation or other sounds in the massage rooms.
14. Coverings. Each establishment shall provide to all
patrons, clean, sanitary and opaque coverings capable of covering
the patrons specified anatomical areas, including the genital
area and buttocks and female breast(s). No common use of such
coverings shall be permitted and re -use is prohibited unless
adequately cleaned. The genital area of the patrons shall be
covered at all times during the performance of the massage.
15. Records. Every person operating a massage
• establishment shall keep a record of the dates and hours of each
treatment or service, name and address of the patron, name of
technician administering such service and description of the
treatment or service rendered. These records shall be retained
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•
•
•
for a period of twenty -four (24) months after such treatment or
service. A short medical history form shall be completed by the
operator to determine if the patron has any communicable
diseases, areas of pain, high blood pressure or any physical
condition which may be adversely affected by massage. Said
records shall be open to inspection by the health officials
charged with the responsibility of preventing the spread of
cummunicable and contagious diseases and to officials charged
with administering this code. The information furnished or
secured as a result of any such records should be used only to
ensure and enforce compliance with this chapter and other
applicable laws and shall otherwise remain confidential. Any
unauthorized disclosure or use of such information by any officer
or employee of the City of Newport Beach shall constitute a
misdemeanor. Officials charged with enforcement of this chapter
shall periodically inspect said records to insure compliance with
this section.
16. Hours of Operation. No person shall operate a
massage establishment, or administer a massage in any massage
establishment or administer a massage pursuant to an off - premises
massage permit between the hours of 11:00 P.M. and 7 :00 A.M. All
customers, patrons and visitors shall be excluded from the
massage establishment during those hours.
17. Insurance. No person, association, firm or
corporation shall engage in, conduct or carry on the business of
a massage establishment unless there is on file with the City
Clerk, in full force and effect at all times, a document issued
by an insurance company authorized to do business in the State of
California evidencing that the permittee is insured under a
liability insurance policy providing minimum coverage of
$500,000.00 for injury or death to one person arising out of the
operation of any massage establishment and the administration of
a massage.
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18. Compliance. Proof of compliance with all
applicable provisions of the Newport Beach Municipal Code shall
be provided.
• 5.50.055. Changes of Business.
Every massage establishment operator shall report
immediately to the Chief of Police any and all changes of
ownership or management of the massage establishment, including,
but not limited to, changes of manager or other person
principally in charge, stockholders holding more than ten (10 %)
percent of the stock of the corporation, officers, directors, and
partners in any and all changes of name, style, or designation
under which the business is to be conducted, and all changes of
address or telephone numbers of the massage business. A change
of location of any of the premises may be approved by the Chief
of Police and the Director of Finance provided there is
compliance with all applicable regulations of the City of Newport
Beach.
• 5.50.060. Fees.
The City Council shall establish by resolution, and from
time to time, amend fees for the administration of this
chapter. The City shall include in this resolution a Health
Services Fee Schedule prescribing annual fees to be paid by the
operator of each massage establishment, such fees to be paid
directly to the County of Orange Health Department and retained
by the County as reimbursement for said services related to this
chapter. Fees required by this chapter shall be in addition to
any required under any other chapter of this code.
5.50.065. Exemption; Existing Permittees.
A. The requirements of this chapter shall have no
application and no effect upon and shall not be construed as
• applying to any persons 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
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any other law of this state. Practical nurses or other persons
without qualifications 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 massage or massage procedures.
B. Commencing on the date of adoption of this chapter,
permits are to be issued in accordance with the provisions of
this chapter.
C. As to persons holding existing permits, the following
schedule of compliance is to apply:
(1) Existing operator's permits shall continue in
effect until March 1, 1987 and shall be renewed in accordance
with provisions of Section 5.50.075 pending compliance with the
requirements of Subdivisions 2 and 3 of this section.
(2) Within ninety (90) days of the effective date of
this Ordinance the massage establishment is to be brought into
compliance with all requirements of Section 5.50.050 of this
chapter.
(3) All persons operating under an existing massage
technician permit and otherwise meeting the requirements for
permit renewal are by March 1, 1987 to obtain a new permit in
accordance with the provisions of this chapter. Persons
currently holding a valid massage technician permit shall be
• exempt from the schooling requirement, but must satisfactorily
complete the written test.
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their respective professions in the State of California,
nor
shall the requirements of this
chapter apply to any treatment
administered in good faith in
the course of the practice
of any
healing art or professions by
any person licensed by the
State of
California to practice any such
art of 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 qualifications 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 massage or massage procedures.
B. Commencing on the date of adoption of this chapter,
permits are to be issued in accordance with the provisions of
this chapter.
C. As to persons holding existing permits, the following
schedule of compliance is to apply:
(1) Existing operator's permits shall continue in
effect until March 1, 1987 and shall be renewed in accordance
with provisions of Section 5.50.075 pending compliance with the
requirements of Subdivisions 2 and 3 of this section.
(2) Within ninety (90) days of the effective date of
this Ordinance the massage establishment is to be brought into
compliance with all requirements of Section 5.50.050 of this
chapter.
(3) All persons operating under an existing massage
technician permit and otherwise meeting the requirements for
permit renewal are by March 1, 1987 to obtain a new permit in
accordance with the provisions of this chapter. Persons
currently holding a valid massage technician permit shall be
• exempt from the schooling requirement, but must satisfactorily
complete the written test.
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(4) All persons operating under an existing
off - premises massage permit and otherwise meeting the
requirements for permit renewal are by March 1, 1987 to obtain a
new permit in accordance with the provisions of this chapter.
Reasonable extensions of the time period specified
in Subdivisions 2, 3 and 4 shall be granted by the City Manager
upon a proper showing and upon timely requests therefor.
5.50.070 Transfer and Duration of Permits.
A. No permit issued hereunder shall be transferrable to any
other person or establishment; provided, however, an additional
location or change of location of a massage technician permit
will be allowed upon thirty (30) days' prior written notice to
the Chief of Police and the Director of Finance.
B. All operator, massage technician and off - premises
massage permits shall be issued for the period of twenty -four
(24) months and shall expire twenty -four (24) months from its
issuance.
C. Applications for the next insuring permit shall be filed
with the Director of Finance before the expiration of the
existing permit. Such renewal applications must be filed no
later than thirty (30) days prior to the expiration of the permit
to prevent a lapse of the permit.
D. Each applicant for renewal shall file such information
as may be required by the Chief of Police to update the
information required for his or her original permit
application. Each renewal applicant shall include a statement in
writing from a licensed physician in the State of California that
he or she has examined the applicant within the past thirty (30)
day period preceding said application and believes the renewal
applicant to be free from all communicable diseases. The
• applicant shall accompany the application for renewal with the
appropriate filing fee.
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5.50.075. Suspension, Revocation, Denial and Appeal.
The City Manager may refuse to renew a permit or may
revoke or suspend an existing permit on the grounds that the
• applicant or permit holder has failed to comply with the permit
conditions or other requirements of this chapter. No suspended
permit may be renewed. If a suspended permit lapses during the
suspension period, a new application must be made at the end of
the suspension period. In any such case, the applicant or permit
holder shall have the right to appeal to the City Council in the
time and manner set forth in this section.
When the City Manager concludes that grounds for
suspension, revocation or refusal to renew a permit exist, the
City Manager shall serve the applicant or permit holder, either
personally or by certified mail addressed to the business address
of applicant or permit holder, with a Notice of Intent to
Suspend, Revoke or Refuse to Renew Permit. This notice shall
state the reasons for the proposed revocation, the effective date
• of the revocation if no appeal is filed by applicant or permit
holder, and the right of the applicant or permit holder to appeal
to the City Council and the decision of the City Manager to
suspend, revoke or refuse to renew the permit. The right to
appeal to the City Council shall terminate upon the expiration of
fifteen (15) days following the personal service or deposit of
the Notice of Intent to Suspend, Revoke or Refuse to Renew Permit
in the United States Mail, whichever shall occur first.
The City Council of the City of Newport Beach may
preside over the hearing on appeal or, in the alternative,
appoint a hearing officer to conduct the hearing, receive
relevant evidence and to submit to the City Council findings and
recommendations to be considered by the City Council of the City
• of Newport Beach. The City Council of the City of Newport Beach
shall render its decision within forty -five (45) days from the
date of the hearing or, in the event that a hearing officer has
been appointed, within forty -five (45) days from the date on
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which the City Council receives the findings and recommendations
of the hearing officer. The decision of the City Council shall
be final.
• 5.50.080. Violation and Penalty.
A. Every person, except those persons who are specifically
exempt by this chapter, whether acting as an individual, owner,
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 tub baths, shower baths,
sponge baths, vapor baths, fomentation, mineral baths, alcohol
rubs, Russian, Swedish or Turkish baths, or any other type of
therapy or who operates a massage establishment within the City
or who does
mentioned in
• paying for a
provision of
B. Any
:)r practices any of the other things or acts
this chapter without first obtaining a permit and
license to do so from the City, or shall violate any
this chapter, shall be guilty of a misdemeanor.
owner, operator, manager, or permittee in charge or
in control of a massage establishment 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
and the same is hereby
nuisance and the City
prosecuting a criminal
actions, proceeding or
•
and enjoyment thereof,
the provisions of this chapter shall be,
declared to be unlawful and a public
nay, in addition to or in lieu of
action hereunder, commence an action or
proceedings, for the abatement, removal
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
-25-
remove such massage establishments and restrain and enjoin any
person from operating, conducting or maintaining, a massage
establishment contrary to the provisions of this chapter.
is 5.50.085. Severability.
If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the Ordinance. The City Council hereby
declares that it would have passed this.Ordinance and each and
every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 2. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
• within fifteen (15) days after its adoption. The Ordinance shall
become effective thirty (30) days from its adoption.
-26-
This Ordinance
the City Council of the
the 10th day of
• on the 24th day
following vote, to wit:
ATTEST:
ty Clerk
•
was introduced at a regular meeting of
City of Newport Beach, held on
February , 1986, and was adopted
of February , 1986, by the
AYES, COUNCILMEMBERS Agee, Cox,
Hart, Heather, Maurer, Plummer, Strauss
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
_27_