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HomeMy WebLinkAboutNS-0985ORDINANCE NS-985 OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING CHAPTER 6 TO ARTICLE VI THEREOF, REGULATING BATHS, SAUNA BATHS, MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding Chapter 6 to Article VI thereof to read in words and figures, as follows: CHAPTER 6. MASSAGE ESTABLISHMENTS Part 1 - Regulations and Procedures Section 5610. 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 meanings herein set forth, unless it is apparent from the context that a different meaning is intended: (a) MASSAGE A method of procedures upon the external parts of the body, consisting of rubbing, stroking, kneading, or tapping with the hand or any instru- ment. (b) MASSAGE ESTABLISHMENT An establishment having a fixed place of business where any person, association, firm, or corporation engages 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, or any other kind or character of baths, where alcohol rub, fomentation, baths, manipulation of the body or similar procedures is given. MASSAGE TECHNICIANS or TECHNICIANS Any person, male or female, who administers to another person, for any form of consideration, a massage alcohol rub, fomentation, bath or electric massage procedure, manipula- tion of the body, or other similar procedure. Section 67_11. 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 Santa Ana, the business of a massage establish- ment or to render, or permit to be rendered, massage services at a location removed from a massage establishment within the city of Santa Ana in the absence of a permit issued pursuant to the provisions hereinafter in this Part set fo£th. Practical nurses or other persons without qualifications as massage technicians -1- or persons not otherwise licensed to practice by the Medical Practice Act, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not without a permit issued as herein provided give massages or massage procedures or services for a fee or other consideration. Section 6~12. Exceptions. The requirements of Sectio~ 6~13 ~ et seq. shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: physician, surgeon, chiropractor, osteopath, or any nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective pro- fessions in the State of california, nor shall the require- ments of Sections 6613 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. Section 6613. Application: Fee. Any person desiring to obtain a permit to operate a massage establishment or to perform massage services or to act as a massage technician's aide, shall make application to the Clerk of the Council who shall refer all such appli- cations to the chief of Police for an investigation and recommendation. A non-refundable fee of Twenty-Five Dollars ($25.00) shall accompany the submission of each application, to defray, in part, the costs of investigation and report. A permit to perform massage services does not authorize the operation of a massage establishment. Any person licensed to perform massage services who desires to operate a massage establishment must separately apply for a permit therefor. Section 6613.1. Application: Contents. Any applicant for a permit shall submit the following information: 1. The full name and present address of applicant; The two (2) previous addresses immediately prior to the present address of applicant, and the dates of residence at each. Written statements of at least five (5) bona fide adult residents of the city of Santa Ana that the applicant is of good moral character; 4. Written proof that the applicant is over the age of twenty-one (21) years; 5. Applicant's height, weight, color of eyes and hair; 6. Two recent portrait photographs at least 2" x 2" taken within the last six months. Business, occupation, or employment history of the applicant for the three (3) years immediately preceding the date of the application; -2- o 11. 12. 13. The 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. Ail convictions and the reasons therefor; A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; Applicant must furnish a diploma or certificate of graduation from a recognized school or other institu- tion 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 (3) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning, or can show current membership in good standing in the california Massage Technicians Association or the American Massage and Therapy Association. Schools offering correspondence course not requiring actual attendance of class shall not be deemed a "recognized school". The City of Santa Ana shall have a right to confirm the fact that the applicant has actually attended classes in a recog- nized school for aforementioned minimum time periods. Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. Nothing contained herein shall be construed to deny to the Police Department of the City of Santa Ana the right to take the fingerprints and additional photo- graphs of the applicant, nor shall anything contained herein b e construed to deny the right of said depant- ment to confirm the height and weight of the applicant. Section 6613.2. Facilities Necessary. No permit to conduct a massage establishment shall be issued unless an inspection by the City of Santa Ana reveals that the establishment complies with each of the following minimum requirements: A recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment. 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 room or enclosure where massage services are performed on patrons. 3. Minimum ventilation shall be provided in accordance with the Uniform Building Code. -3- Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. 5. Hot and cold running water shall be provided at all times. 6. Closed cabinets shall be provided which cabinets shall be utilized for the storage of clean linen. In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed. 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, and a minimum of one toilet and one wash basin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at said establishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons. Ail walls, ceilings, floors, pools, showers, bath tubs, 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. Bath tubs shall be thoroughly cleaned after each use. 10. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. 11. A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin 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 performing of massage services. In addition, there shall be provided ~t ~ach wash basi~; ' sanitary towels placed in permanently installed dispensers. 12. Proof of compliance with all applicable provisions of the Santa Ana Municipal Code shall be provided. Section ~613.3. Permit Procedures. Any applicant for a permit pursuant to these provisions shall personally appear at the Police Department of the city of Santa Ana and produce proof to the Police Department that the twenty-five dollar application fee has theretofore been paid to the Clerk of the Council of the City of Santa Ana and thereupon said applicant 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 recommendation as to the approval or denial of the permit to the City Manages -4- The Department of Building Safety and Housing, the Fire Department, and the Orange County Health Department 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, after receiving the aforementioned and described recommendations, 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 who have applied to perform massage services or to act as aides unless it appears that any such person has delib- erately falsified the application or unless it appears that the record of such person reveals a conviction of a felony or a crime involving moral turpitude. Any person denied a permit pursuant to these provisions by the City Manager, may appeal to the City Council in writing within ten (10) days from said action, 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. The City Council shall hear the appeal not less than seven (7) nor more than twenty-one (21) days following the filing of the appeal. Ail permits issued hereunder are nontransferable; pro- vided, however, a change of location of a massage establish- ment may be permitted pursuant to the provisions herein. Section ~613.4. 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. Section 6614. Change of Location. A change of location of any of the aforementioned and described premises may be approved by the chief of Police and city Planner, provided all ordinances and regulations of the City of Santa Ana are complied with and the change of location fee of Five Dollars ($5.00) is deposited with the city. Section 66~15. 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. Section 6616. Employees. It shall be the responsibility 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 Part. No registered massage technician aide may independently practice the acts of massage, but he may, as a massage technician aide, -5- assist a technician in the acts constituting the practice of massage under the immediate personal supervision and employ- ment of a registered massage technician, but such aide may assist only while the massage technician is personally present with the patron, and such aide may not perform massage services. Any massage technician aide shall comply with the requirements of Section 6413.1. Section 4617. Inspection. The Department of Building Safety and Housing, Fire, and Health Departments shall, from time to time and at least twice each year, make an inspection of each massage establishment in the City of Santa Ana for the purpose of determining that the provisions of this Code are met. Section 6618. Records of Treatments. Every person, association, firm, or corporation opera- ting 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 techni- cian 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 information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Santa Ana shall constitute 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. Section 6619. 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. Section_~6620. Revocation and Suspension of Permit. No permit 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 may order any permits suspended pending such bearing, 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 estab- lishment, 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 -6- 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 provided, 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. Section 6621. 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 ~wn or operate the massage establishment. A fee of Five Dollars ($5.00) shall be payable for each such appli- cation involving sale or other transfer of any interest in an existing massage establishment. The provisions of Sections ~613 and 6613.1 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 such sale or transfer of any interests in an exist- ing 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 6613.2 of this Chapter. ~62_~____~pplicability of Requlations 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. Section ~623. Violation and Penalty. (a) Every person, except those persons who are speci- fically exempted by this Chapter, whether acting as an individ- ual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massages 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, Russia~ Swedish, or Turkish baths, or any other type of baths, salt glows or any 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 establishment who knowingly employs a person performing as a massage technician as defined in this Part 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 Part shall be and the same is hereby declared to be unlawful and a public -7- nuisance and the city Attorney 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 enjoin any person from operating, conducting, or maintain- ing a massage establishment contrary to the provisions of this Part. SECTION II: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 3rd day of November, 1969. MAYOR CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 20th day of October, 1969, and was again considered by said Council at its regular meeting held on the 3rd day of November, 1969, and at said meeting was passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Herrin, Brooks, Markel, Evans, Griset NOES, COUNCILMEN: Patterson, Villa ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -8-