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HomeMy WebLinkAbout1355 - 1355 - Massage Parlors & Similar Establishmentsr ORDINANCE NO. 2 3 5 5 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.50 TO THE NEWPORT BEACH MUNICIPAL CODE, REGULATING MASSAGE PARLORS, BATHS, SAUNA BATHS, AND - SIMILAR BUSINESSES The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 5.50 is added to the Newport Beach Municipal Code to read: "Chapter 5.50 MASSAGE PARLORS Sections: 5.50.010 Definitions. 5.50.020 Permit Required. 5.50.030 Exceptions. 5.50.040 Application; Fee. 5.50.050 Application; Contents. 5.50.060 Facilities Necessary. 5.50.070 Permit Procedures. • 5.50.080 Display of Permit. 5.50.090 Change of Location. 5.50.100 Unlawful Activities. 5.50.110 Employees. 5.50.120 Inspection. 5.50.130 Records of Treatment. 5.50.140 Name of Business. 5.50.150 Revocation and Suspension of Permit. 5.50.160 Sale or Transfer. 5.50.170 Applicability of Regulations to Existing Businesses. 5.50.180 Violation and Penalty. 5.50.010 Definiti� For the purpose of the provisions regulating baths, sauna baths, massage parlors and similar businesses hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended: (a) Massacre: A method of treating • the external parts of the body for remedial or hygienic -1- i i t • purposes, consisting of.rubbing, stroking, kneading, or tapping with the hand or any instrument. (b) Massage parlor or massage establish- ment: An establishment having a fixed place of business where any person, association, firm, or corporation engagep in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt, magr�l tic, or any other kind or character of massage, baths, alcohol rub, fomentation, manipulation.of the body or similar procedures. (c) Massage technician or technicians: Any person, male or.female, who administers to another person, for any.form.of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body, or other similar procedure. 5.50.020 Permit Required it shall be unlawful for any person, association, firm, or corporation to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the City of Newport Beach, the business of a massage establishment, or to render, or permit to be rendered, massage services at a location removed from a massage establishment within the City of Newport Beach in the absence of a permit issued pursuant to the provisions hereinafter set forth. 5.50.030 Exceptions. The requirements of-Section 5.50.020 et seq. shall have no application and no effect upon and shall not be construed as applying to any persons -2- 9/4/70 designated as follows: physician, surgeon, chiropractor, osteopath, or any registered or licensed vocational nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in the State or California, nor shall the requirements of Sections 5.50.020 et seq. apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice any such art or profession under the Business and Professions Code of the State of California or of any other law of this State. Practical nurses or other persons without quali- fications as massage technicians, or other persons not otherwise licensed by the State of California to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not give massages or massage procedures. 5.50.040 Application; Fee. (a) Any person desiring to • obtain a permit to operate a massage establishment or to perform mas -. sage services shall make application to the Director of Finance who shall refer all such applications to the Chief of Police for an in- vestigation. An application to obtain a permit to operate a massage establishment shall be accompanied by an investigation fee of One Hundred Dollars ($100.00). (b) Each application for a permit to permit an individual to perform massage services shall be accompanied by an investigation fee of Ten Dollars ($10.00). (c) Permits and fees required by this Chapter shall be in addition to any license, permit or fee required under any other chapter of this code. 5.50.050 Application; Contents.. Any applicant for a permit • shall submit the following information: (a) The full name and present address of the applicant; -3- 9/14/70 • 41 S (b) The two previous addresses immediately prior to the present address of applicant;. (c) Written statements of at least.five (5) bona fide residents of the City of Newport Beach that the. applicant is_of good moral character; (d) Written proof that the applicant is over the age of eighteen (18) years; eyes and hair; 2" x 2"• (e) Applicant's height, weight, color of ( €) Two portrait photographs at least (g) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application; (h) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; (i) All convictions and the reasons therefor; (j) A certificate from a medical doctor stating that the applicant has, within, thirty days immedi, ately prior thereto, been examined and found to be free of any contagious or communicable disease; (k) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, • method, profession, or work of massage technicians, which school requires a resident course of study of not less than two hundred (200) hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certi- ficate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance of class shall not be deemed a "recognized school ". The City of Newport Beach shall have a right to confirm the fact that the applicant has actually attended classes in a recognized school for the aforementioned minimum time periods by requiring the applicant to submit to a written examination in the field of massage techniques. In lieu of the foregoing educational require- ment an applicant may submit written proof that he or she has actually been engaged in practice as a massage technician for not less than one (1) year in the City of Newport Beach, or five (5) years elsewhere, preceding the date of application and shall successfully pass a written examination in massage techniques to be administered by the city. (1) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (m) Nothing contained herein shall be construed to deny to the Police Department of the City of Newport Beach the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said department to confirm the height and weight of the applicant. 5.50.060 Facilities Necessary. No permit to conduct a massage establishment shall be issued unless -5- 9/14/70 Q: Ll is 0 an inspection by the City of Newport Beach reveals that the establishment complies with each of the following minimum requirements: (a) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment; provided, that all such signs shall comply with the sign require- ments of the City of Newport Beach. (b) Minimum lighting shall be provided in accordance with the Uniform Building Code, and, in addition, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron. (c) Minimum ventilation shall be provided in accordance with the Uniform Building Code. (d) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (e) Hot and cold running water shall be provided at all times. (f) Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen. (g), In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single, separate room, or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having -6- Jr • a • adequate ventilation to an area outside said room or booth while massage services are being performed. (h) Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be pro- vided by every massage establishment; provided, however, that if male and female patrons are to be served simul- taneously at the establishment, separate bathing, a separate massage room, or rooms, separate dressing and separate toilet facilities shall be provided for male and for female patrons. (i) All walls, ceiling, floors, pools, showers, bathtubs, steam rooms, and all other.physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. (j) Clean and sanitary towels and linens shall be provided for each patron of the establish, ment or each patron receiving massage services. No common use of towels or linens shall be permitted, (k) A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin -7, 0 is 0 shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the per- forming of massage services. In addition, there shall be provided at each washbasin, sanitary towels.placed in permanently installed dispensers. (1) Proof of compliance with all applicable provisions of the Newport Beach Municipal Code shall be provided. 5.50.070 Permit Procedures. Any applicant for a permit pursuant to these provisions shall present to the Police Department the application containing the aforementioned and described information. The Chief of Police shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the Chief of Police, or his representative, shall render a recom- mendation as to the approval or denial of the permit to the City Manager. The Division of Building and-Safety, the Fire Department and the City Health Officer shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the City Manager concerning compliance with the foregoing provisions. The City Manager, or his designee, after receiving the aforementioned and described recommen- dations, shall grant a permit to the establishment if all requirements for a massage establishment described herein are met, and shall issue a permit to all persons 50 z 0 • r who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of any such person reveals a conviction of a felony or a crime of moral turpitude. The City Manager may recommend to the City Council that an individual business establish- ment shall be subject to a public hearing,and Council approval, when in his judgment any such business establish- ment has an effect upon the public health, safety, or welfare of the community. Any person denied a permit by the City Manager or his designee pursuant to these provisions may appeal to the City Council in writing, stating reasons why the permit should be granted. The.City Council may grant or deny the permit and such decision shall be final upon the applicant.. Also, the City Council may elect on its own motion to review any determination of the City Manager granting or denying a.permit. All permits issued hereunder are non- transferable; provided, however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. 5.50.080 Display of Permit. Every person, association, firm, or corporation to whom or for which a permit shall have been granted shall display said permit in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage, bath, or treatment is given. 5.50.090 Change of Location. A change of location of any of the aforementioned and described premises may SPE 9/4/70 • be approved by the Chief of Police and City Planning Director, provided all ordinances and regulations of the.City of Newport Beach are complied with and the change of location fee of Ten Dollars ($10.00) is deposited with the City. 5.50.100 Unlawful Activities. It shall be unlawful for any person to massage any other person, or give or administer any bath or baths, or to give or administer any of the other things mentioned in this Chapter for immoral purposes, or in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires. Any violation of this provision shall be deemed grounds for the revocation of the permit granted hereunder. • 5.50.110 Employees. It shall be the responsi- bility of the holder of the permit for the massage establishment, or the employer of any persons.purporting to act as massage technicians, to insure that each person employed as a massage technician shall first have obtained a valid permit pursuant to this Chapter. Any massage technician aide shall comply with the requirements of Section 5.50.050. 5.50.120 Inspection. The Division of Building and Safety, Fire and the City Health Officer shall, from time to time, and at least twice each year, make an inspection of each massage establishment in the City of Newport Beach-for the purpose of determining that the provisions of this Chapter are met. 0 9/4/70 -10- • 5.50.130 Records of Treatment. Every person, association, firm, or corporation operating a massage establishment under a permit as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The infor- mation furnished or secured as a result of any such inspection shall be confidential. Any unauthorized dislcosure or use of such information by any officer or employee of the City of Newport Beach.shall con- stitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this ordinance in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and in addition, shall describe the address where the treatment was rendered. Said records shall be maintained.for a period of two (2) years. 5.50.140 Name of Business. No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in his permit. 5.50.150 Revocation and Suspension of Permit. No permit or license shall be revoked until after a hearing shall have been held before the City Council to determine just cause for such revocation; provided, however, the City Manager or his designee may order any permits -11- 9/4/70 a .+ r suspended pending such hearing, and it shall be unlawful for any person to carry on the business of a massage technician or to operate as a massage establishment, depending upon the particular type of.permit which has been suspended, until the suspended permit has been reinstated by the City Council. Notice of such hearing shall be given in writing and served at least five (5) days prior to the date of the hearing thereon. The notice shall state the ground of the complaint against the holder of such permit, or against the business carried on by the permittee at the massage establish- ment, and shall state the time and place where such hearing will be had. Said notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion, In the event the permit holder cannot be found, and the service of such - notice cannot be•made: "in the manner herein pro- vided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least five (5) days .prior to the date of such hearing. 5.50. 60 Sale or Transfer. Upon the sale or transfer of any interest in a massage establishment, the permit and license shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the massage estab- lishment. A fee of Ten .Dollars ($10.00) shall be -12- 9/4/70 payable for each such application involving sale or other transfer of any interest in an existing massage establishment. The provisions of Section 5.50.040 and Section 5.50.050 of this Chapter shall apply to any person, firm, or entity applying for a massage establishment permit for premises previously used as such establishment. Any sale or transfer of any interest in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment shall require inspection and shall require compliance with Section 5.50.060 of this Chapter. 5.50.170 Applicability of Regulations to Existing Businesses. The provisions of this Chapter shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date of this ordinance and including any person or persons whose application is presently under consideration or investi- gation by the City. However, those businesses operating prior to the date of adoption of this ordinance under a valid license granted by the City of Newport Beach will have a 120 -day grace period.from the date of adoption within which to comply with all the conditions and requirements of this ordinance as set forth hereinabove. 5.50.180 Violation and Penalty. (a) Every person, 9/4/70 -13- except those persons who are specifically exempted by this Chapter, whether acting as an individual, owner, 9/4/70 -13- employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massage or conducts a massage establishment or room, or who gives or administers, or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths, vapor baths, fomentation, sun baths, mineral baths, alcohol rubs, Russian, Swedish or Turkish baths, or any other type of therapy or who does or practices any of the other things or acts mentioned in this Chapter without first obtaining a permit and paying for a license so to do from the City, or shall violate any provision of this Chapter, shall be guilty of a misdemeanor. (b) Any owner, operator, manager, or permittee in charge or in control of a massage estab- lishment who knowingly employs a person performing as a massage technician as defined in this Chapter who is not in possession of a valid permit, or who allows such an employee to perform, operate or practice within such a place of business, is guilty of a misdemeanor. (c) Any massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, revoke the business license pursuant to the procedure set forth in Section 5.50.150, -14- 9/4/70 • 0 0 commence an action or actions, proceeding or.proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting, or main- taining a massage establishment contrary to the provisions of this Chapter." SECTION 2. Emergency ordinance effective immediately. This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare, and shall take effect immediately upon its adoption. The following is a statement of the facts showing its urgency: Within recent months there has been a marked increase in the establishment of massage parlors in Orange County and in particular, Newport Beach. It appears that many of these establishments are merely fronts for prostitution. This is evidenced by the arrests over the past few months of operators and employees of massage parlors doing business in Newport Beach on charges of prostitution, and lewd conduct. An unreasonable burden has been placed on the Newport Beach Police.Department due to the number of arrests and investigations in connection with massage parlors. The existing ordinances in Newport Beach are inadequate to regulate the unlawful conduct sometimes associated with this type of business. It is, therefore, in the best interest of the citizens of Newport Beach that this ordinance become effective immediately. -15- 9/4/70 SECTION 3. This ordinance shall be published once in 0 the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of September, 1970, by the following vote, to wit: ATTEST: �i Ci y Jerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION DATE. .,e..18 i97n [Itt CLERK OF THE Gltt eEWjj�Ri BEACH AYES, COUNCILMEN: McInnis, Kymla, Rogers, Hirth, Croul, Dostal, Parsons NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor -16- DO'N;adw 9/2/70