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HomeMy WebLinkAbout85-15 - Amending Chapter 5.50 of the Newport Beach Municipal Code Pertaining to Massage Establishments• ORDINANCE NO. 85 -15 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENTS The City Council does ordain as follows: SECTION 1. Section 5.50 of the Newport Beach Municipal Code is hereby amended to read as follows: 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 hours of operation, skills and experience of massage technicians and the sanitary conditions of the masasge 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 a recent increase in the incidence of acts of prostitution occurring in massage establishments and the restrictions on hours of operation serve to reduce the risk of illegal activity; and (E) The restrictions on hours of operation reduce the burdens on the police department and permit the deployment of • police personnel such that more serious crimes may be prevented and more important laws may be enforced, and (F) This' ordinance, by permitting massage establishments to remain open 15 hours each day, provides ample time for any person to obtain a massage; and (G) 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. SECTION 2. 5.50.010 Definitions. For the purpose of the provisions regulating baths, sauna baths, massage establishments and similar businesses hereinafter set forth, the following words and phrases shall be construed to have the meaning herein set forth. (a) Massage: Any method of treating the external parts of the body for remedial, hygienic or any other reason or purpose, whether by rubbing or touching parts of the body with the hand or an instrument, or by application of any substance or thing, including, but not limited to, electricity, water or • vapor, oil or alcohol, by way of immersion, transmission or any other procedure. (b) Massage 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. (c) Massage Technician: Any person who administers, to another person, a massage within a massage establishment. SECTION 3. 5.50.020 Permit Required (a) It shall be unlawful for any person to administer a massage to another person within a massage establishment in the City of Newport Beach in the absence of a valid massage • technician permit issued pursuant to this Chapter. (b) It shall be unlawful for any employee of a massage establishment to administer a massage to another person within the City of Newport Beach in the absence of a valid massage 2 • is • technician permit issued pursuant to this Chapter. (c) It shall be unlawful for any person, association, firm or corporation to engage in, conduct, or carry on or 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 in the absence of a valid permit issued pursuant to this Chapter. SECTION 4. 5.50.025 Hours of Operation. No person shall operate a massage establishment, or administer a massage in any massage establishment, between the hours of 10:00 p.m., and 7:00 a.m. Massage establishments lawfully existing on the effective date of this ordinance shall comply with the provisions of this section within 120 days from the effective date of this ordinance. SBCPION 5. 5.50.065 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 for injury or death to one person arising out of the administration of any massage. Massage establishments lawfully existing on the effective date of this ordinance shall comply with the provisions of this section within 120 days from the effective date of this ordinance. • SECTION 6. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council for the City of Newport Beach held on the 28th day of May , 1985, and was adopted on the 10th day of June , 1985, by the following vote, to wit: :7 ATT ST: City Clerk ORP /Massage • AYES, COUNCILMEMBERS Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS .II