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HomeMy WebLinkAboutNS-1321CTD:ar;ag 9/1/76 ORDINANCE NO. NS-1321 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 12-44 AND 18-421 AND AMENDING SECTIONS 22-7 AND 22-12 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR HEALTH SERVICES FEES FOR INSPECTIONS BY THE COUNTY HEALTH OFFICER OF PEEP SHOW ESTABLISHMENTS, TATTOO PARLORS, AND MASSAGE PARLORS 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 a section to be numbered 12-44, which said section reads as follows: SEC. 12-44. Health Services Fees. The County Health Officer shall periodically make inspections of peep show establishments lo- cated in the City of Santa Ana to determine if the proprietors or operators of such establish- ments are complying with the provisions of this chapter. The City Council, by resolution, shall prescribe fees to be paid annually by the propri- etors or operators of such establishments, such fees to be paid directly to the County Health Officer and retained by the County as reimburse- ment for said services related to this section. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 18-421, which said section reads as follows: SEC. 18-421. Health Services Fee. The County Health Officer shall periodically make inspections of tattooing establishments lo- cated in the City of Santa Ana to determine if the proprietors or operators of such establish- ments are in compliance with the provisions of this chapter. The City Council, by resolution, shall prescribe fees to be paid annually by the proprietors or operators of such establishments, such fees to be paid directly to the County Health Officer and retained by the County as reimbursement for said services related to this section. SECTION 3: That Section 22-7 of the Santa Ana Municipal Code is hereby amended to read as follows: SEC. 22-7. Action on Permit Applications; Review of Actions; Transfers Restricted. (a) 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 ($25.00) application ORDINANCE PAGE TWO Municipal NO. NS- 1321 fee has heretofore been paid, and thereupon said applicant shall present 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 rec- ommendation as to the approval or denial of the permit to the City Manager. (b) The Director of Building Safety and Housing, the Fire Chief, and the County 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 Council, by resoltuion, shall prescribe fees to be paid annually by the proprietors or operators of such establishments, such fees to be paid directly to the County Health Officer and retained by the County as reimbursement for said services related to this section. (c) The City Manager, after receiving the aforementioned and described recommenda- tions, shall grant a permit to the establish- ment if all requirements for massage estab- lishments 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 deliberately 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. (d) Any person denied a permit by the City Manager pursuant to these provisions may appeal to the City Council pursuant to Chapter 3 of the Santa Ana Municipal Code. (e) Ail permits issued hereunder are nontransferable; provided however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. SECTION 4: That Section 22-12 of the Santa Aha Code is hereby amended to read as follows: SEC. 22-12. Inspections - Health Services Fee. The Director of Building Safety and Housing, the Fire Chief and the County Health Officer, shall, from time to time and at least twice each year, make an inspection of each massage estab- lishment in the City of Santa Ana for the purpose of determining that the provisions of this Code are met. The City Council, by resolution, shall prescribe fees ORDINANCE NO. NS-1521 PAGE THREE to be paid annually by the proprietors or operators of such establishments, such fees to be paid directly to the County Health Officer and retained by the County as reim- bursement for said services related to this section. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses or portions be declared invalid or un- constitutional. SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty nor the penal provisions applicable to any viola- tion thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obli- gations thereunder appertaining shall continue in full force and effect. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its re§ular meeting held on the 20th day of ' SePtember , 1976. ATTEST: I%OP,~NCE I. iV%A/ONE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF SANTA ANA ) 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 re§ular meeting held on the 7th day of September , 1976, and was again con~ by said Council at its regular meeting held on the 20th day of September , 1976, and was at said meeting ORDINANCE NO. NS-1321 PAGE FOUR passed and adopted by the following vote, to wit: AYES: COUNCILMEN: Yamamoto, Bricken, Ortiz, Garthe, Brandt, Ward NOES: COUNCILMEN: None ABSENT: APPROVED AS TO FOP. M: KEITH L. GOW CITY ATTORNEY COUNCILMEN: ~vans ~ORENCE I. MALONE