HomeMy WebLinkAbout96-27 - Amending Chapter 5.50 of the Newport Beach Municipal Code Pertaining to Massage EstablishmentsORDINANCE NO. 96-27
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 hereby ordain as follows:
SECTION 1: Chapter 5.50 of the Newport Beach Municipal Code is amended to
read as follows:
Sections:
5.50.005
5.50.010
5.50.015
5.50.020
5.50.025
5.50.030
• 5.50.035
5.50.040
5.50.045
5.50.050
5.50.055
5.50.060
5.50.065
5.50.070
5.50.075
5.50.080
5.50.085
CHAPTER 5.50
MASSAGE ESTABLISHMENTS
Findings and Purpose.
Definitions.
Operator's Permit Required,
Application For Operator's Permit
Operator's Permit Issuance And Denial.
Massage Technician Permit.
Application For Massage Technician Permit.
Massage Technician Permit Issuance And Denial.
Off - Premises Massage Permit
Requirements of Operation.
Changes Of Business.
Fees.
Exemption; Existing Permittees.
Transfer And Duration Of Permits.
Suspension, Revocation, Denial And Appeal.
Violation And Penalty.
Severability.
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
reasonably necessary to protect the health, safety and welfare of the citizens of the City
• of Newport Beach.
B. The City of Newport Beach is authorized, by virtue of the State Constitution,
the Provisions of the City Charter and Section 51031 of the Government Code, to
regulate massage establishments by imposing reasonable standards relative to the skill
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and experience of massage operators and massage technicians and reasonable
conditions on the operation of the massage establishment.
C. There is a significant risk of injury to massage clients by improperly trained
and /or educated massage technicians and this Chapter provides reasonable safeguards
against injury and economic loss.
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D. There is opportunity for acts of prostitution and other unlawful sexual activity
to occur in massage establishments. Courts have long recognized massage as a
pervasively regulated activity and that massage establishments are often brothels in
disguise. The establishment of reasonable standards for issuance of permits and
restrictions on operations would serve to reduce the risk of illegal activity.
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 enforced.
F. The regulations and restrictions contained in this Chapter tend to
discourage massage establishments from degenerating into houses of prostitution and
• the means utilized in this Chapter bear a reasonable and rational relationship to the goals
sought to be achieved.
5.50.010 Definitions. Unless the (particular provision of 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. "Chief of Police." The Chief of Police of the City of Newport Beach, or
his /her designated representative.
B. "City Manager." The City Manager of the City of Newport Beach, or his/her
• designated representative.
C. "City Council." The City Council of the City of Newport Beach.
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D. "Conviction ", "Convicted." A plea or verdict of guilty or a conviction
following a plea of nolo contendere.
E. "Customer Area." Areas open to customers of the establishment.
F. "Health Department." The Health Care Agency of the County of Orange.
•G. "Manager." The person(s) designated by the operator of the Massage
Establishment to act as the representative and agent of the operator in managing day -to-
day operations with the same liabilities and responsibilities. Evidence of management
includes, 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. A manager must meet the standards and
qualifications of Section 5.50.030, et seq., to qualify as a manager and obtain a
technician permit.
H. "Massage." Any method of treating the external parts of the body for
remedial, hygienic, relaxation or any other reason or purpose, whether by means of
pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or
• other manner of touching external parts of the body with the hands, or with the aid of any
mechanical or electrical apparatus or appliance with or without supplementary aids such
as rubbing alcohol, liniment, antiseptic, oils, powders, creams, ointment or other similar
preparations commonly used in this practice.
I. "Massage Establishment." Any business conducted within the City of
Newport Beach where any person, firm, association, partnership, corporation, or
combination of individuals engages in, conducts, carries on or permits to be conducted or
carried on, for money or any other consideration, administration to another person of a
massage, bath or health treatment involving massages or baths.
J. "Massage Technician." Any person who administers to another person a
• massage within a massage establishment in exchange for anything of value whatsoever.
The terms "massage therapist' and "massage practitioner" are included within this
definition for purposes of this Ordinance.
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K "Operator." All persons who have an ownership interest in the Massage
Establishment and are responsible for its day to day operations.
L "Operator's Permit." The permit required pursuant to the provisions of this
Chapter to operate or manage a massage establishment.
•M. "Owner." The individual(s) whose name appears on the City business
license.
N. "Person." Any individual, or corporation, partnership, association or other
group or combination of individuals acting as an entity.
O. "Recognized school of massage" means any school or institution of learning
which teaches, through State certified instructors, the theory, ethics, practice, profession,
or work of massage, which school or institution complies with the California Education
Code section 94310 or 94311, and which requires a resident course of study before the
student shall be furnished with a diploma or certificate of graduation. Schools offering a
correspondence course not requiring actual attendance shall not be deemed a
recognized school.
• P. "Police Department." The Police Department of the City of Newport Beach.
Q. For purposes of this Chapter the term "employee" shall include independent
contractors.
5 50.015 Operator's Permit Required,.
A. 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, securing the necessary business license as required by this Code, and
complying with Title 20 of this Code.
• 5.50.020 Application For Operator's Permit
A. Any person desiring an operator's permit for a massage establishment shall
file a written application on the required form with the Police Department Community
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Services Officer who shall conduct an investigation. The application shall be
accompanied by the appropriate filing fee established by Resolution of the City Council.
The application shall be completed and signed by the operator of the proposed massage
establishment, if a sole proprietorship; one general partner, if the operator is a
•partnership; one officer or one director, if the operator is a corporation; and one
participant, if the operator is a joint venture. The application for permit does not authorize
operation of a massage establishment unless and until such permit has been properly
granted. 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. 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 residence addresses
of each of its current officers and directors, and of each stockholder holding more than
five percent (5 %) of the stock of that corporation. If the applicant is a partnership, the
• application shall set forth the name and residence of each of the partners, including
limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of
limited partnership filed with the Secretary of State. If one 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 of its officers or general partners
to act as its responsible managing officer. Such designated persons shall complete and
sign all application forms required for an individual applicant under this Chapter, but only
one application fee shall be charged.
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.
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4. A complete current 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. A description of any other business operated on the same premises, or
within the City of Newport Beach or the State of California which is owned or operated by
the applicant.
6. The following personal information concerning the applicant:
a. Full complete name and all aliases used by the applicant.
b. Current address and all previous residential addresses for 8 years
immediately preceding the present address of the applicant.
C. Acceptable proof that the applicant is at least eighteen (18) years of
age.
d. Height, weight, color of hair, eyes and gender.
e. Two (2) front faced portrait photographs at least two inches (2 ") by
• two inches (2 ") in size.
f. The applicant's complete business, occupation and employment
history for eight (8) years preceding the date of application, including,
but not limited to, the massage or similar business history and
experience of the applicant.
g. The complete massage permit history of the applicant; whether such
person has ever had any permit or license issued by any agency,
board, city, county, territory or state; the date of issuance of such a
permit or license, whether the permit or license was denied, revoked
or suspended; or if a vocational or professional license or permit was
• denied, revoked or suspended; and the reason therefore.
h. All criminal convictions, including pleas of nolo contendre, within the
last ten (10) years including those dismissed or expunged pursuant
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to Penal Code Section 1203A, but excluding minor traffic violations,
and the date and place of each such conviction and reason therefor.
i. A complete set of fingerprints taken by the Police Department.
7. The name and address of the owner and lessor of the real property upon or
•in which the business is to be conducted. In the event the applicant is not the legal owner
of the property, the application must be accompanied by a copy of the lease and a
notarized acknowledgment from the owner of the property that a massage establishment
will be located on his /her property.
8. Authorization for the City, its agents and employees to seek verification of
the information contained in the application.
9. Such other identification and information as the Chief of Police may require
in order to discover the truth of the matters herein :specified and as required to be set forth
in the application.
10. 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.
11. If, during the term of a permit, the permit holder has any change in
information submitted on the original or renewal application, the permit holder shall notify
the Police Department of such change within ten (10) business days thereafter, in writing.
B. Each operator and the operator's designated manager(s) must pass a
written test dealing with the requirements of this Chapter every 36 months to ensure a
complete understanding of the operator's and manager's duties prior to the issuance of
the operator's permit. A score of 70% or better is required on each section of the written
test. An applicant who fails to pass the ordinance examination shall not be eligible to take
another examination until sixty (60) days after the previous examination. An applicant
• who fails to pass upon a second attempt, shall not again be eligible until six (6) months
thereafter. The examination will be in the English language. In the event the applicant
requires that the ordinance examination be given in another language, the applicant must,
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on their own, make arrangements with a Court: certified and Newport Beach Police
Department approved interpreter to interpret the examination. Proof of valid Court
certification must be provided to the Chief of Police prior to the administration of the
examination.
• 50.25 Operator's Permit Issuance And Denial.
A. Upon receipt of a written application for a permit, the Chief of Police shall
conduct an investigation to ascertain whether such permit should be issued as requested.
The Chief of Police shall, within sixty (60) days of receipt of an application, approve,
conditionally approve or deny the application. The sixty (60) day period may be extended
for up to thirty (30) additional days, if necessary, to complete the investigation. The Chief
of Police shall issue such permit as requested, unless he /she makes any of the following
findings:
1. The applicant, if an individual, or any of the officers or directors of the
corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership,
• or any person directly engaged or employed in the massage establishment, has within 8
years preceding the date of the application,
a. been convicted of a violation of California Penal Code Sections
266h, 266i, 314, 315, 316, 318, Subsections (a) or (b) of Penal Code
Section 647 or any other provision of law pursuant to which a person
is required to register under the provisions of Penal Code Section
290, or when the prosecution accepted a plea of guilty or nolo
contendre to a charge of a violation of California Penal Code Section
415 or any lesser included or lesser related offense, in satisfaction
of, or as a substitute for, any of the previously listed crimes.
• b. been convicted of a violation of Health and Safety Code Section
11550 or any offense involving the illegal sale, distribution or
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is
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possession of a controlled substance specified in Health and Safety
Code Section 11054, 11055, 11056, 11057 or 11058.
C. been convicted of any offense in any other state which is the
equivalent of any of the above- mentioned offenses.
d. been engaged in conduct in another jurisdiction which, if it had
occurred within the City, would constitute grounds for denial,
suspension or revocation under this Chapter.
e. been subjected to a permanent injunction against the conducting or
maintaining of a nuisance pursuant to Sections 11225 through
11235 of the California Penal Code, or any similar provisions of law
in a jurisdiction outside the State of California.
f. engaged in conduct which would constitute an offense as described
in paragraph (a) of this subsection
g. committed an act in another jurisdiction which, if committed in this
state, would have been a violation of law and, which, if done by a
permittee under this Chapter, would be grounds for denial,
suspension or revocation of the permit.
h. been convicted of an act involving dishonesty, fraud, deceit or moral
turpitude or an act of violence, which act or acts are related to the
qualifications, functions or dul:ies of the operator.
L The applicant has had a massage operator or massage technician
permit or other similar license or permit denied, suspended or
revoked for cause by a licensing authority or by any City, County,
or State.
2. The applicant has made a false, misleading or fraudulent statement or
omission of fact to the City in the permit application process.
3. The application does not contain all of the information required by Section
5.50.020.
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4. The massage establishment as proposed by the applicant does not comply
with all applicable laws, including, but not limited to, health, zoning, fire and safety
requirements and standards.
5. The applicant has not satisfied the requirements of this Chapter in the time
es pecified.
6. If the application is denied for failure to comply with Section 2 or 3 above,
the applicant may not reapply for a period of 6 months from the date the application was
denied.
B. All operators and managers shall comply with the following conditions and
any other conditions specified by the Chief of Police:
1. Except to the extent required, in writing, by a state licensed medical
practitioner, no massage technician, massage technician or employee shall massage the
genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor
shall any operator or manager of a massage establishment allow or permit such
massage. No massage operator or designated manager 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, gluteal fold, anus, or, in the case of female, her
breast(s), are fully covered.
2. No person granted a permit pursuant to this Chapter shall use any name or
conduct business under any designation not specified in his or her permit.
3. All massage establishments required to be licensed under this Chapter shall
have a manager on the premises at all times the massage establishment is open. The
operator of each massage establishment shall file a statement with the Chief of Police
designating the person or persons with power to act as a manager. The operator and /or
on duty manager shall post, on a daily basis, the name of each on duty manager and
• each on duty technician in a conspicuous public place in the lobby of the massage
establishment. The operator, or the manager in the operator's absence, shall be
responsible for ensuring compliance with this Chapter.
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4. No licensed establishment shall be! open for business without having at
least one massage technician holding a current valid permit for the specific establishment
on the premises, and on duty, at all times when said establishment is open.
5. The operator and /or designated manager(s) shall ensure the massage
•technician permit for each on -duty massage technician is conspicuously displayed in a
public place in the lobby and that each massage: technician is wearing or has on their
person the identification required by Section 5.50.040(6)(3) at all times when in the
massage establishment. Such identification shall be provided to City regulatory officials
upon demand.
6. An operator and /or on duty manager shall be responsible for the conduct of
all employees while the employees are on the licensed premises. Any act or omission of
any employee constituting a violation of the provisions of this ordinance shall be deemed
the act or omission of the operator for purposes of determining whether the operator's
license shall be revoked, suspended, denied or renewed.
7. No operator or manager shall employ any person as a massage technician
• who does not have a valid massage technician permit issued pursuant to this Chapter.
Every operator or manager shall report to the Chief of Police any change of employees,
whether by new or renewed employment, discharge or termination, on the form and in the
manner required by the Chief of Police. The report shall contain the name of the
employee and the date of hire or termination. The report shall be made within five (5)
days of the date of hire or termination. The operator shall deliver the permit and photo
identification card of any massage technician no longer employed by the operator to the
Chief of Police within five (5) days.
8. All persons employed in the massage establishment shall be fully clothed at
all times. Clothing shall be of a fully opaque, non- transparent material and shall provide
• complete covering from mid -thigh to three (3) inches below the collar bone.
9. The operator and /or on duty manager shall maintain a register of all
employees, showing the name, nicknames and aliases used by the employee, home
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address, age, birthdate, gender, height, weight, color of hair and eyes, phone numbers,
social security number, date of employment and termination, if any, and duties of each
employee. The above information on each employee shall be maintained in the register
on the premises for a period of two (2) years following termination. The operator and/or
reasonable times.
10. Each operator 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 operator shall comply with all provisions of this Chapter and any
applicable provisions of the Newport Beach Municipal Code.
5.50.030 Massage Technician Permit.
No person shall perform or administer a massage, or advertise to provide massage
• services in the City of Newport Beach, unless such person has in effect a valid massage
technician permit issued pursuant to Sections 5.50.035 and 5.50.040 of this Chapter. A
massage technician 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 Police Department Community Services Officer
who shall conduct an investigation. The application shall be accompanied by the
appropriate filing fee established by resolution of the City Council. The application shall
• contain 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
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on
duty shall make the
register of employees available immediately
for
•manager
inspection
by
police upon demand
of a representative of the police department at
all
reasonable times.
10. Each operator 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 operator shall comply with all provisions of this Chapter and any
applicable provisions of the Newport Beach Municipal Code.
5.50.030 Massage Technician Permit.
No person shall perform or administer a massage, or advertise to provide massage
• services in the City of Newport Beach, unless such person has in effect a valid massage
technician permit issued pursuant to Sections 5.50.035 and 5.50.040 of this Chapter. A
massage technician 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 Police Department Community Services Officer
who shall conduct an investigation. The application shall be accompanied by the
appropriate filing fee established by resolution of the City Council. The application shall
• contain 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
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associated with said location, and the name and address of the following personal
information concerning the applicant:
a. Full complete name, and all aliases used by the applicant, along with
complete residence address and telephone;
0 b. All previous residential addresses for (8) years immediately
preceding the current address of the applicant;
C. Acceptable written proof that the applicant is at least eighteen (18)
years of age;
d. Height, weight, color of hair and eyes, and gender;
e. Two (2) front faced portrait photographs at least two inches (2 ") by
two inches (2 ") in size;
f. The business, occupation and employment history of the applicant
for the eight (8) years immediately preceding the date of the
application;
• g. The complete permit history of the applicant and whether such
person has ever had any license or permit, issued by any agency,
board, City, or other jurisdiction, denied, revoked or suspended and
the reasons therefor.
3. All criminal convictions, including pleas of nolo contendre, within the last ten
(10) years, including those dismissed or expunged pursuant to Penal Code Section
1203.4, but excluding minor traffic violations, and the date and place of each such
conviction and reason therefor.
4. A complete set of fingerprints taken by the Police Department.
5. Such other information and identification as the Chief of Police may require
in order to discover the truth of the matters herein specified and as required to be set forth
• in the application.
6. Authorization for the City, its agents and employees to seek verification of
the information contained in the application.
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7. 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.
8. If, during the term of a permit, a permit holder has any change in
•information submitted on the original or renewal application, the permit holder shall notify
the Police Department of such change within ten (10) business days
thereafter, in writing.
B. Each applicant must furnish an original or certified copy of a diploma or
certificate and certified transcript of graduation for completion of 500 hours of instruction
from an approved or recognized school of massage, wherein the method, practice,
profession, theory, ethics, anatomical and physiological knowledge and practice of
massage is taught by State certified instructors. The applicant must also supply a course
description, an outline of material covered, and a letter to the City from the school
administrator verifying completion.
1. 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, and /or physiology is provided with the application.
Proof of completion shall include dates of study and the name, address and phone
number of the school attended.
2. Any outside course of study submitted for approval shall meet the State of
California's Office of Post - secondary Education's minimum requirements and be for
completion of 500 hours of on premises training.
C. Each massage technician must pass a written test dealing with the
requirements of this Chapter every 36 months. A, score of 70% or better is required on
each Section of the written test. An applicant who fails to pass the examination shall not
• be eligible to take another examination until sixty (60) days after the previous
examination. An applicant who fails to pass upon a second attempt, shall not again be
eligible until six (6) months thereafter. An additional processing fee may be required to be
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filed with the Chief of Police prior to each examination. The examination will be in the
English language. In the event the applicant requires that the examination be given in
another language, the applicant must, on their own, make arrangements with a Court
certified and Newport Beach Police Department approved interpreter to interpret the
.ordinance examination. Proof of Court certification must be provided to the Chief of
Police prior to the administration of the examination.
D. The applicant must also meet and provide documentary proof of the
following requirements:
1. Completed five- hundred (500) hours of instruction in a massage specialty
(therapeutic approach) at a recognized school of massage taught by State certified
instructors.
2. The applicant must take and pass a written examination prior to the
issuance of the massage technician permit. The applicant must pass the examination
once every thirty-six (36) months. A score of seventy percent (70 %) or better is required
in each Section of the written test. The examination shall meet the following
• requirements:
a. The examination shall 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 include, but is not limited to, the
following subjects: anatomy, physiology, pathology, hygiene, contra-
indications, sanitation, massage theory, ethics of massage practice,
first aid and CPR, and the provisions of this Chapter.
b. Qualified persons shall prepare the examination. A qualified person
shall have at least five (5) years of licensing or practice in his or her
health care field and shall include licensed health care professionals,
• such as doctors, chiropractors, massage therapists, massage school
instructors, physical therapists and individuals who have pursued
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required courses in and graduated from an approved massage
school and received a diploma from the massage school.
C. The Chief of Police 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.
d. The examination will be in the English language. In the event that
the applicant requires that the examination be given in another
language, the applicant must, on their own, make arrangements with
a Court certified and Newport Beach Police Department interpreter to
interpret the examination. Proof of valid Court certification must be
provided to the Chief of Police or his or her designee prior to the
administration of the examination.
e. An applicant who fails to pass the examination shall not be eligible to
take another examination until sixty (60) days after the previous
examination. An applicant who fails to pass upon a second attempt,
shall not be again eligible until six (6) months thereafter. An
additional processing fee shall be required to be filed with the Chief
of Police prior to each examination and in accordance with the fee
resolution.
5,60.040 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
approve, conditionally approve or deny the application within sixty (60) days of the filing of
an application. The sixty (60) 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.
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The Chief of Police shall issue such permit as requested, unless he /she makes any of
the following findings:
1. The applicant has within 8 years preceding the date of the application been
convicted of any of the following:
a. a violation of Penal Code Sections 266(h), 266(1), 314, 315, 316,
•
318, Subsections (a) or (b) of Penal Code Section 647 or that the
applicant is required to register under the provisions of Penal Code
Section 290, or when the prosecution accepted a plea of guilty or
nolo contendre to a charge of a violation of California Penal Code
Section 415 or any lesser included or lesser related offense in
satisfaction of, or as a substitute for, any of the previously listed
crimes.
b. a violation of Health and Safety Code Section 11550 or any offense
involving the illegal sale, distribution or possession of a controlled
substance specified in Health and Safety Code Sections 11054,
• 11055, 11056, 11057 or 11058, or
C. any offense in any other state which is the equivalent of any of the
above - mentioned offenses.
2. The applicant has engaged in conduct which would constitute an offense as
described in paragraph (a) of Subsection 1, within eight (8) years immediately prior to the
filing of any application.
3. The applicant has committed an act, which, if committed in this State would
have been a violation of law and which, if done by a permittee under this Chapter, would
be grounds for denial, suspension or revocation of the permit.
4. The applicant has been convicted of an act involving dishonesty, fraud,
• deceit or moral turpitude or an act of violence, which act or acts are substantially related
to the qualifications, functions or duties of a massage technician.
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5. The applicant has had a massage establishment permit or massage
technician's permit or other similar license or permit denied, suspended or revoked for
cause by a licensing authority or by any City, County or State within 8 years prior to the
date of the application.
•6. The applicant has knowingly made a false, misleading or fraudulent
statement or omission of fact to the City in the permit application process.
7. The application does not contain the information required by Section
5.50.035.
8. The applicant has not satisfied the requirements of this Chapter in the time
specified.
9. If the application is denied for failure to comply with Section 6 or 7 above,
the applicant may not reapply for a period of 6 months from the date the application was
denied.
B. All massage technicians shall comply with the following conditions and any
other conditions specified by the Chief of Police on issuance of the massage technician's
• permit.
1. Except to the extent required, in writing, by a state licensed medical
practitioner, no massage technician, massage technician aide, or employee shall
massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any
female patron. 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, gluteal fold, anus, or, in the
case of female, her breast(s), are fully covered.
2. No massage technician shall massage any patron unless the person's
genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at
• all times while the technician or other employee is present in the same room as the
patron.
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3. The massage technician shall wear or have on their person a photo
identification card prepared and issued by the City at all times when present in the
massage establishment. Such identification shall be provided to City regulatory officials
upon demand. The identification card shall be worn on outer clothing with the photo side
•facing out. If a massage technician changes his or her business address, he or she shall,
prior to such change, obtain from the Chief of Police a new photo identification card and
advise the Police Department, in writing, of the new business address.
4. Massage technicians shall not perform any massage at any location other
than the location specified on the permit, unless, performing an off - premises massage
pursuant to permit.
5. While on duty, the massage technician shall not use any name other than
that specified on the photo identification card.
6. Massage attendants shall be fully clothed at all times. Clothing shall be of a
fully opaque, non - transparent material and provide complete covering from mid -thigh to
three (3) inches below the collar bone.
• 7. The massage technician consents to the inspection of the massage
establishment by the City's Building and Safety, Fire Department and Police Department
and the Health Department for the purpose of determining that the provisions of this
Chapter or other applicable laws or regulations are met. The massage technician
consents to the inspection of the occupied massage rooms by the Police Department for
the purpose of determining that the provisions of this Chapter are met upon occurrence of
any of the conditions described in Section 5.50.050(20) which would require the posting
of the Notice to All Patrons.
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 permit shall be one performed or
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administered for money or other consideration by a licensed massage technician at a
location other than a licensed massage establishment.
B. No person shall perform or administer a massage off the premises of a
massage establishment, for money or other consideration, without obtaining a massage
•technician permit under Sections 5.50.035 and 5.50.040 in conjunction with a valid
operator's permit 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 Police Department Community Services Officer, who shall conduct 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, including all aliases, 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 - premises 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. If the off - premises massage is to be
conducted at a commercial business during normal business hours while patron remains
fully clothed, a letter from the commercial business confirming these conditions shall
accompany the application.
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 initiate an investigation to ascertain whether such permit should
be issued as requested. Within ten (10) days of the filing of an application, the Chief of
isPolice shall approve, conditionally approve or deny the application. The Chief of Police
shall issue the permit unless he or she finds that it is not reasonably necessary to perform
or administer the massage at a location other than the massage establishment. The
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Chief of Police may specify conditions on the issuance of the off - premises massage
permit that are reasonably necessary to ensure compliance with this Chapter and other
laws.
D. An off premises permit for chair massage only shall be valid for a period of
•one year. Chair massage is where a patron receives a massage while fully clothed in a
public or semi public area. The areas massaged are the head, neck, back and arms only.
The Chief of Police must receive a letter from the property or business owner stating their
knowledge and approval of chair massage in or ;adjacent to their business, the location
where the chair massage will take place, the hours to be conducted and that only a
recognized massage chair may be used.
5.50.050 Requirements Of Operation„
A. Facilities.
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 accompanied by the
appropriate plan check fee.
2. a". Each operator shall post and maintain, adjacent to the main
entrance and the front of the business, a readable sign identifying the premises as a
massage establishment. The sign and the front of the business shall not be illuminated
by strobe or flashing lights. Each operator and/or on duty manager shall display the
operator's permit in a conspicuous public place in the lobby of the massage
establishment. The hours of operation must be posted in the front window and clearly
visible from the outside. The operator and /or on duty manager must also post, on a daily
® basis in a conspicuous public place in the lobby, the name of the operator and /or on duty
manager as well as any on duty massage technicians.
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3. Services List. Each operator shall post and maintain a list of services
available and the cost of such services in a conspicuous public place within the premises.
No operator or responsible managing employee, shall permit, and no massage technician
shall offer or perform, any service other than those posted.
® 4. 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) sixty (60) watt white light bulb and
shall be activated at all times while the patron is in such room or enclosure. No strobe
flashing lights shall be used. No colored lights shall be used nor shall any coverings be
used which change the color of the primary light source.
5. Bath Facilities. A minimum of one (1) toilet and one (1) separate wash
basin shall be provided for patrons in each massage establishment, which basin shall
provide soap or detergent and hot running water at all times and shall be located within
close proximity to the area devoted to the performing of massage services. A
permanently installed soap dispenser, filled with soap, and a single service towel
® dispenser shall be provided at the restroom handwash sink. No bar soap can be used. A
trash receptacle shall be provided in each toilet room. Showers may be provided at the
operator's option.
6. Separate Rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment separate massage rooms shall be
provided for male and female patrons.
7. Maintenance. All facilities for the massage establishment must be in good
repair and shall be thoroughly cleaned and sanitized each day the business is in
operation. All walls, floors and ceilings of each restroom and shower area shall be made
smooth and easily cleanable. No carpeting shall be installed in any of these areas.
® 8. Massa a Table. A massage table shall be provided in each massage
room and the massage shall be performed on this massage table. The tables should
have a minimum height of eighteen inches (18 "). Two inch (2 ") thick foam pads with a
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maximum width of four feet (4) may be used on a massage table and must be covered
with durable, washable plastic or other waterproof material. Beds, floor mattresses and
waterbeds not permitted on the premises.
B. Operations.
®1. Equipment. Each operator and /or on duty manager shall provide and
maintain on the premises adequate equipment for disinfecting and sterilizing instruments
used in massage.
2. Inspections. The operator and/or on duty manager consents to the
inspection of the massage establishment by the City's Building and Safety, Fire
Department and Police Department and the County Health Department for the purpose of
determining that the provisions of this Chapter or other applicable laws or regulations are
met.
a. The City's Building and Safety, Fire Department, Police Department
and the County Health Department may, from time to time, make an
inspection of each massage establishment for the purpose of
® determining that the provisions of this Chapter, State law or other
applicable laws or regulations are met. Routine inspections shall not
occur more than twice a year, unless violations are found or
complaints are received. Criminal investigations may be conducted
as directed by the Chief of Police. The Police Department may
inspect the occupied massage rooms for the purpose of determining
that the provisions of this Chapter are met upon occurrence of any of
the conditions described in Section 5.50.050(17) which would require
the posting of the Notice To All Patrons. During an inspection, the
Police Department may verify the identity of all on -duty employees.
® b. Inspections of the massage establishment shall be conducted during
business hours.
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C. A person who operates a imassage establishment or his or her
agent, servant or employee commits an offense if he or she refuses
to permit a lawful inspection of the premises by a representative of
the Police Department at anytime it is occupied or open for business.
®3. Linen. Common use of towels or linen shall not be permitted. Towels and
linen shall be laundered or changed promptly after each use. Separate enclosed
cabinets shall be provided for the storage of clean and soiled linen and shall be plainly
marked "clean linen" and "soiled linen" and shall have doors or covers.
4. 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.
5. Alcoholic Beverages /Drugs. No person shall enter, be in, 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 controlled
substance. The owner, operator and manager shall be responsible to ensure that no
such person shall enter or remain upon the massage establishments. Service of alcoholic
beverages shall not be permitted.
6. Recordings. No electrical, mechanical or artificial device shall be used by
the operator or any employee of the massage establishment for audio and /or video
recording or for monitoring the performance of a massage, or the conversation or other
sounds in the massage rooms without the knowledge or consent of the patron.
7. Roster. The owner, operator or on duty manager of the massage
establishment shall keep a complete and current list of the names and residence
• addresses of all massage technicians and employees of the massage establishment and
the name and residence addresses of the manager or managing employee purported to
be principally in charge of the operation of the massage establishment. This roster shall
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be kept at and /or on the premises and be available for inspection by officials charged with
enforcement of this Chapter.
8. Coverinas. Each massage establishment shall provide to all patrons clean,
sanitary and opaque coverings capable of covering the patrons specked anatomical
•areas, including the genital area, anus and female breast(s). No common use of such
coverings shall be permitted and re -use is prohibited unless adequately cleaned.
9. Records. Every person operating a massage establishment shall keep a
record of the dates and hours of each treatment or service, the name and address of the
patron, the name of technician administering such service and a description of the
treatment or service rendered. 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.
These records shall be prepared prior to administering any massage or treatment and
shall be retained for a period of twenty -four (24) months after such treatment or service.
These records shall be open to inspection upon demand only by officials charged with
• enforcement of this Chapter and for no other purpose. The Police Department shall
periodically inspect the records to ensure compliance with this Section. Such records
shall be kept on the premises of the massage establishment for a period of 2 years. The
information furnished or secured as a result of any such records should be used only to
ensure and enforce compliance with this Chapter, or any other applicable State or
Federal laws and shall 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.
10. Hours Of Operation. The owner must advise the City, in writing, at the time
of the application for a permit of the business hours and any changes in hours. No
isperson shall operator 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 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00
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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. The hours of operation must be displayed in a conspicuous public place in the
lobby within the massage establishment and in the front window clearly visible from the
outside.
•11. Advertising. No massage establishment granted a permit under this article
shall place, publish or distribute or cause to be placed, published or distributed any
advertising matter that depicts any portion of the human body that would reasonable
suggest to prospective customers or clients that any service is available other than those
services described in this Chapter, nor shall any massage establishment employ
language in the text of such advertising that would reasonably suggest to a prospective
patron that any service is available other than those services authorized by this Chapter.
12. Insurance. No person 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, documents 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 $100,000.00 for injury or death to one person
arising out of the operation of any massage establishment and the administration of a
massage.
13. Handicapped Areas: All massage establishments must comply with all
State and Federal laws and regulations for handicapped customers.
14. Compliance. Proof of compliance with all applicable provisions of the
Newport Beach Municipal Code shall be provided.
15. Doors. All front, reception, hallway or front exterior doors (except back or
rear exterior doors used for employee entrance to and exit from the massage
• establishment) shall be unlocked during business hours. No massage may be given
within any cubicle, room, booth or any area within a massage establishment which is
fitted with a door capable of being locked, unless the only door is an exterior door.
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16. Access. No person(s) other than valid permit holders under this Ordinance
and customers will be allowed anywhere in the massage establishment other than the
lobby /reception area during hours of operation. Entry doors to any room shall not be
obstructed by any means.
•17. Discrimination. No massage establishment may discriminate or exclude
patrons on the basis of the race, sex, religion, age or handicap.
18. Notices. The Chief of Police may require that the following notice be posted
in the event that any employee of the massage establishment or any person who has
been aided and abetted by an employee of the massage establishment has been found,
after full hearing by administrative proceeding or State Court, to have violated any of the
offenses listed in Section 5.50.025 or 5.50.040:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE
ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND
ARE SUBJECT TO INSPECTION BY THE NEWPORT
• BEACH POLICE DEPARTMENT WITHOUT PRIOR
NOTICE.
a. The notice set forth above shall be prepared and issued by the Chief
of Police.
b. The notices shall be conspicuously posted in a location within the
massage establishment that are easily visible to any person entering
the premises and in each massage room. The notice shall be so
posted for twelve (12) months following the violation of any of the
offenses set forth above.
C. The requirement for posting the notice described in this Section is
• cumulative and in addition to all other remedies, violations and
penalties set forth in this Chapter, or in the ordinances, laws, rules or
regulations of the City of Newport Beach, County of Orange and the
State of California.
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5.50.055 Changes Of Business.
A. Every massage establishment operator shall report immediately to the
Police Department 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 five percent (5 %) 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 provided there is compliance with all
applicable regulations of the City of Newport Beach.
B. No massage establishment permit may be sold, transferred or assigned by
a permittee, or by operation of law, to any other person or persons. Any such sale,
transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to
constitute a voluntary surrender of such permit and such permit shall thereafter be null
and void; provided and excepting, however, that if the permittee is a partnership and one
• or more of the partners should die, one or more of the surviving partners may acquire, by
purchase or otherwise, the interest of the deceased partner or partners without effecting a
surrender or termination of such permit, and in such case, the permit, upon notification to
the Chief of Police, shall be placed in the name of the surviving partners. A massage
establishment permit issued to a corporation shall be deemed terminated and void when
either any outstanding stock of the corporation is sold, transferred or assigned after the
issuance of a permit, or any stock authorized but not issued at the time of the granting of
a permit is thereafter issued or sold, transferred or assigned. No massage technician
permit may be sold, transferred or assigned by a permittee, or any operation of law, to
any other person or persons.
is
IM
5.50.060 Fees.
The City Council shall establish by resolution, and from time to time may amend,
the 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: State
licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any
registered or licensed vocational nurse working on the premises of, and under the direct
•supervision of, a State licensed physician, surgeon, chiropractor or osteopath. Practical
nurses or other persons without qualifications as massage technicians, whether
employed by physicians, surgeons, chiropractors or osteopaths or not, may not give
massage or massage procedures.
B. Commencing on the effective date of this Ordinance, all permits are to be
issued in accordance with the provisions of this Chapter.
C. Existing operator's, manager's and massage technician's permits shall
continue in effect until expiration. All existing permit holders shall have an additional 12
months from the effective date of this ordinance to meet and comply with the 500 hour
training and testing requirements, or, in the alternative, may challenge the 500 hour
training requirement by taking and passing the 500 hour test if they have no violations of
• this Chapter in the 12 months preceding their examination. During the interim period the
permit holder will be required, where applicable, to take and pass the 300 hour written
test when renewing their permit.
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•
•
55. 0.070 Transfer And Duration Of Permits.
A. No permit issued hereunder shall be transferable to any other person or
establishment, provided, however, an additional location or change of location of a
massage technician permit will be allowed upon prior written notice to the Chief of Police
and payment of the appropriate transfer fee.
B Permits for massage operators, managers and technicians shall be
renewed on a year to year basis provided that the permittees continue to meet the
requirements set out in this Chapter.
C. Applications for the next ensuing permit shall be filed with the Chief of
Police before the expiration of the existing permit. Temporary Permits will not be issued
and renewal applications must be filed no later than sixty (60) days prior to the expiration
of the permit to prevent a lapse of the permit.
D. Renewal applications shall require such information as may be required by
the Chief of Police to update the information contained in the original permit application.
The applicant shall accompany the application for renewal with the appropriate filing fee.
5.50.075 Suspension, Revocation, Denial And Appeal.
A. Violation And Non-Compliance. The Chief of Police 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. 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.
B. Revocation And Suspension Of Operator's Permit.
1. The Chief of Police may revoke or refuse to renew an operator's permit if he
or she makes any of the findings for denial of a permit under Section 5.50.025(A),
5.50.025(8) 1 or 7 or upon any subsequent violation of any provision within one year
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following prior suspension under subsection 2 below, or upon demonstrated inability to
operate or manage the massage establishment in a law abiding manner, thus
necessitating action by law enforcement officers;
2. The Chief of Police may suspend an operator's permit for a period of thirty
•(30) days for each violation of Section 5.50.025(8) not listed above, 5.50.045(8) or
5.50.050.
C. Revocation And Suspension Of Massage Technician Permit.
1. The Chief of Police may revoke or refuse to renew a massage technician
permit if he or she makes any of the findings for denial of a permit under Section
5.50.040(A), 5.50.040(B) 1, 2 or 6 or upon any subsequent violation of any provision of
this Chapter within one year following a suspension under subsection 2 below;
2. The Chief of Police may suspend a massage technician permit for a period
of thirty (30) days for each violation of Section 5.:50.040(6) not listed above, 5.50.045(B)
or 5.50.050.
D. Notice.
1. When the Chief of Police concludes that grounds for denial, suspension,
revocation or refusal to renew a permit exist, the Chief of Police shall serve the applicant
or permit holder, either personally or by certified mail addressed to the business or
residence address of applicant or permit holder, with a Notice Of Denial or Notice Of
Intent To Suspend, Revoke Or Refuse To Renew Permit. This Notice shall state the
reasons for the proposed action, the effective date of the decision, the right of the
applicant or permit holder to appeal the decision to the City Council, and the decision will
be final if no appeal is filed within the time permitted.
E. Appeal,
1. The right to appeal to the City Council shall terminate upon the expiration of
• fifteen (15) days of the date of mailing of the notice:. The notice of appeal is to be sent to
the Police Department of the City of Newport Beach.
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2. In the event an appeal is timely filed, the suspension or revocation shall not
be effective until a final decision has been rendered by the City Council. If no appeal is
filed, the suspension or revocation shall become effective upon expiration of the period for
filing appeals.
•3. The City Council of the City of Newport Beach may preside over the hearing
on appeal or, in the alternative, the City Manager may 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. The City Council 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 which the
City Council receives the findings and recommendations of the hearing officer. The
decision of the City Council shall be final. The applicant shall be entitled to notice of the
basis for the proposed action, a copy of the documents upon which the decision was
based and the opportunity to present contrary evidence at the hearing. If the denial is
based upon failing the test, the applicant shall be entitled to review their test at the Police
Department but shall not be entitled to a copy of the test.
4. Notice of the date, time and place of the hearing shall be mailed at least ten
(10) days prior to the date of the hearing, by U.S. Mail, with proof of service attached,
addressed to the address listed on the massage application, massage technician
application, or, the address given in the Notice of Appeal, as the case may be.
5. The following rules and evidence shall apply:
a. Oral evidence shall be taken only under oath or affirmation. The
hearing officer shall have authority to administer oaths, and to
receive and rule on admissibility of evidence.
b. Each party shall have the right to call and examine witness, to
• introduce exhibits, and to cross- examine opposing witnesses who
have testified under direct examination. The hearing officer may call
and examine any witness.
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•
•
C. Technical rules relating to evidence and witnesses shall not apply to
hearings provided for in this Chapter. Any relevant evidence may be
admitted if it is material and is evidence customarily relied upon by
responsible persons in the conduct of their affairs regardless of the
existence of any common law or statutory rule which might make
admission of such evidence improper over objection in civil actions.
Hearsay testimony may be admissible and used for the purpose of
supplementing or explaining any evidence given in direct
examination, but shall not be! sufficient in itself to support a finding
unless such testimony would be admissible over objection in civil
actions. The rules of privilege shall be applicable to the extent they
are now, or are hereafter permitted in civil actions. Irrelevant,
collateral, undue, and repetitious testimony shall be excluded.
6. No permit granted herein shall confer any vested right to any person or
business for more than the permit period. All massage operators, managers and
technicians subject to this Chapter shall comply with the provisions of this Chapter as
they may be amended hereafter.
55 0.080 Violation And Penalty.
A. Violations of this Chapter may be enforced pursuant to the provisions of
Chapter 1.04 of the Newport Beach Municipal Code.
B. 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 may, in addition to or in lieu of prosecuting a criminal
action hereunder, 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
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enjoin any person from operating, conducting or maintaining a massage establishment
contrary to the provisions of this Chapter.
5.50,085 Severability.
isIf 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 this
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.
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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 of the City, and it shall be effective thirty (30) days after its adoption.
•SECTION 3: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 22ndday of July , 1996, and
adopted on the 12th day of August , 19 96, by the following vote, to wit:
ATTEST:
U67tmu M, Na
CITY CLERK
F:\cat \de \ordi na n\Cmassage.doc
09 -05 -96
AYES, COUNCILMEMBERS HEDGES, DEBAY
GLOVER, EDWARDS, WATT, O'NEIL, COX
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
MAYOR. A./ -3
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