HomeMy WebLinkAboutNS-1338ORDINANCE NO. NS-1338
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING THE SANTA ANA MUNICIPAL CODE BY
AMENDING SECTIONS 22-3, 22-5, 22-8, 22-10
AND 22-11 TO PROVIDE THAT MASSAGE ESTABLISH-
MENT PERMIT FEES AND MASSAGE TECHNICIAN PERMIT
FEES SHALL BE SET BY RESOLUTION OF THE CITY
COUNCIL.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That section 22-3 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Section 22-3. Massage Establishment Permit
(a) Any person, corporation or partnership desiring
to obtain a permit to operate a massage establish-
ment shall make application to the Chief of Police
or his designated representative. Prior to submit-
ting such application a nonrefundable fee as established
by resolution of the City Council shall be paid to the
Department of Finance to defray, in part, the cost of
investigation and report required by this ordinance.
The Department of Finance shall issue a receipt showing
that such permit application fee has been paid. The
receipt, or a copy thereof, shall be supplied to the
Chief of Police at the time such application is sub-
mitted.
(b) The application for permit does not authorize
conducting a massage establishment business until
such permit has been granted.
(c) Each applicant for a massage establishment permit
shall furnish the following information:
(1) The full true name and any other names
used by the applicant.
(2) The present address and telephone number
of the applicant.
(3) The previous addresses of applicant, if
any, for a period of three (3) years immediately
prior to the date of the application and the
dates of residence at each.
(4) Acceptable written proof that the applicant
is at least eighteen (18) years of age.
(5) The applicant's height, weight, color of
eyes and hair, and date of birth.
(6) Two photographs of the applicant at least
two (2) inches by two (2) inches taken within
the last six months.
(7) Business, occupation or employment history
of the applicant for the three (3) years im-
mediately preceding the date of application.
ORDINANCE NO. NS-1538
Page two
(8) The business license history of the appli-
cant and whether such applicant, in previously
operating in this or any other city, state or
territory 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.
(9) Ail convictions, including ordinance viola-
tions, exclusive of traffic violations, stating
the dates and places of any such convictions.
(10) 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 addresses of
each of its current officers and directors,
and each stockholder holding more than five
percent (5%) of the stock in the corporation.
If the applicant is a partnership, the appli-
cant shall set forth the name, residence address
and dates of birth of each of the partners, in-
cluding limited partners. If the applicant is a
limited partnership, it shall furnish a copy of
its certificate of limited partnership as filed
with the County Clerk. 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 of an in-
dividual applicant under this ordinance, but only
one application fee shall be charged.
(11) The name and address of the owner and lessor
of the real property upon which the business is
to be conducted, and a copy of the lease or rental
agreement.
(12) Such other identification and information, in-
cluding written waivers pursuant to the Education
Code, 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 appli-
cation.
(13) The Chief of Police may require
to furnish fingerprints when needed
pose of establishing identification.
the applicant
for the pur-
(d) The applicant, if an individual, or designated
responsible managing officer, if a partnership or
corporation, shall personally appear at the Police
Department of the City of Santa Ana and produce proof
that the required application fee has been paid and
shall present the application containing the afore-
mentioned and described information.
(e) The Chief of Police shall have a reasonable time
in which to investigate the application and background
of the applicant. The Chief of Police or his repre-
sentative shall render a recommendation as to the
approval or denial of the permit to the City Manager.
ORDINANCE NO. NS~338
Page three
The Department of Building Safety and Housing, the
Fire Department and the Orange County Health Depart-
ment shall inspect the premises proposed to be devoted
to the massage establishment and shall make separate
recommendations to the City Manager concerning com-
pliance with the foregoing provisions. The proprietor
of such establishment shall pay a fee established by
resolution of the City Council to the County Health
Officer as reimbursement for the County Health Officers'
Public Health and Sanitation Services for said in-
spection.
(f) The City Manager, after receiving the application
and aforementioned recommendations, shall grant the
permit if he finds:
(1) The required fee has been paid.
(2) The application conforms in all respects to
the provisions of this ordinance.
(3) The applicant has not knowingly made a
material misrepresentation in the application.
(4) The applicant has fully cooperated in the in-
vestigation of his application.
(5) The applicant if an individual, or any of the
stockholders of the corporation, any officers or
directors, if the applicant is a corporation, or
any of the partners, including limited partners,
if the applicant is a partnership, has not within
five (5) years prior to the application filing
date been convicted in a court of competent juris-
diction of an offense involving conduct which re-
quires registration under California Penal Code
section 290, or of conduct which is a violation of
the provisions of California Penal Code sections
314, 315, 316, 318, 647(a), 647(b), 647(d) or
647(h), or any crime involving dishonesty, fraud,
deceit, or moral turpitude.
(6) The applicant has not had a massage establish-
ment permit or massage technician permit or other
similar license or permit denied or revoked for
cause by this city or any other city located in or
out of this state within the five (5) years prior
to the date of application.
(7) The massage establishment as proposed by the
applicant would comply with all applicable laws,
including but not limited to, health, zoning, fire
and safety requirements and standards.
(8) The applicant is at least eighteen (18) years
of age.
(g) Any person, corporation or partnership 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.
SECTION 2: That section 22-5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
ORDINANCE NO. NS-1338
Page four
Section 22-5. Massage Technician Permit
(a) Any person desiring to obtain a permit to act as
a massage technician shall make application to the
Chief of Police or his designated representative.
Prior to submitting such application a nonrefundable
fee as established by resolution of the City Council
shall be paid to the Department of Finance to defray,
in part, the cost of investigation and report required
by this ordinance. The Department of Finance shall
issue a receipt showing that such permit application fee
has been paid. The receipt, or a copy thereof, shall
be supplied to the Chief of Police at the time such
application is submitted.
(b) The application for permit does not authorize
acting as a massage technician until such permit has
been granted.
(c) Each applicant for a massage technician's permit
may furnish all the information required by section
22-3(c) (1) through 22-3(c) (9) of this ordinance, and
shall in addition furnish the following information:
(1) A certificate from a medical doctor licensed
to practice in the State of California, stating
that the applicant has within thirty (30) days
immediately preceding the date of application
been examined and found to be free of any con-
tagious or communicable disease.
(2) A diploma or certificate of graduation from a
"recognized school," if any.
(3) The massage establishment, if any, at which the
applicant expects to be employed.
(4) Such other identification and information, in-
cluding written waivers pursuant to the Education
Code 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 appli-
cation.
(5) The Chief of Police may require the applicant
to furnish fingerprints when needed for the pur-
pose of establishing identification.
(d) The Chief of Police shall have a reasonable time
in which to investigate the application and background
of the applicant. The Chief of Police or his representa-
tive shall render a recommendation as to the approval
or denial of the permit to the City Manager.
(e) The City Manager, after receiving the application
and aforementioned recommendation, may grant the permit
if he finds in accordance with sections 22-3(f) (1)
~hrough 22-3(f~(6), and in addition finds:
(1) The applicant has furnished an acceptable
medical certificate in compliance with this
ordinance.
(2) The applicant has furnished an acceptable
diploma or certificate of graduation from a
"recognized school" or in lieu thereof has demon-
strated competence and proficiency to the satis-
faction of the City Manager through continuous
ORDINANCE NO. NS-1338
Page five
Code is
experience as a massage technician for a two (2)
year period prior to the effective date of this
ordinance, or is an active member in good stand-
in~ in the California Massage Technicians Associa-
tion or the American Massage and Therapy Associa-
tion.
(3) The applicant has not had a massage establish-
ment permit or a massage technician's permit or other
similar license or permit denied or revoked for
cause by this city or any other city located in or
out of this state within the five (5) years prior to
the date of application.
(4) The applicant is at least eighteen (18) years
of age.
(f) Any person denied a permit by the City Manager pur-
suant to these provisions may appeal to the City Council
pursuant to Chapter 3 of the Santa Ana Municipal Code.
SECTION 3: That section 22-8 of the Santa Ana Municipal
hereby amended to read as follows:
Section 22-8. Massage Facilities Operation
Every massage establishment shall comply with the follow-
ing operating requirements. These requirements shall be
prominently and publicly displayed in a conspicuous place
upon every premises operating under the provisions of
this ordinance.
(a) Each person employed or acting as a massage techni-
cian shall have a valid permit issued by the City of
Santa Ana, and it shall be unlawful for the owner, operator,
responsible managing employee, manager or permittee in
charge of or in control of the establishment to employ or
permit a person to act as a massage technician as defined
in this Code who is not in possession of a valid unre-
voked massage technician's permit.
(b) Bath and massage operations shall be carried on and
the premises shall be open only between the hours of
7:00 a.m. and 12:00 midnight.
(c) A list of services available and the cost of such
services shall be posted in an open, public place on
the premises, and shall be described in readily under-
standable language. No owner, operator, responsible
managing employee, manager, or permittee shall permit,
and no massage technician shall offer to perform any
services other than those posted.
(d) The massage establishment permit, and a copy of the
permit of each and every massage technician employed in
the establishment, shall be displayed in an open and
conspicuous place on the premises.
(e) Every permittee operating a massage establishment
shall keep a written record of the date and hour of
each treatment, the name and address of each patron, the
name of the employee administering the treatment and the
type of treatment administered. Such records shall be
open to inspection only by officials charged with enforce-
ment of these provisions for law enforcement and public
health and for no other purposes, including use of the
file by owners or employees of the establishment charged
with maintaining the file. The information furnished or
ORDINANCE NO. NS-1338
Page six
secured as a result of any inspection shall remain confi-
dential. Any unauthorized disclosure or use of such in-
formation by any officer or employee of the City of
Santa Ana or County of Orange or owner or employee of the
massage establishment shall constitute a misdemeanor and
such persons shall be subject to the penalty of the pro-
visions of this chapter in addition to any other penalties
provided by law. Such records shall be maintained for a
period of two (2) years.
(f) Massage establishments shall at all times be equipped
with an adequate supply of clean sanitary towels, cover-
ings and linens. Clean towels, coverings and linens shall
be stored in cabinets. Towels and linens shall not be used
on more than one (1) patron unless they have first been
laundered and disinfected. Disposable towels and cover-
ings shall not be used on more than one (1) patron. Soiled
linens and paper towels shall be deposited in approved
receptacles.
(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 shall be placed in a single
separate room or the operators of the massage establish-
ment may elect to place such persons of the same sex in
separate rooms or booths having adequate ventilation to
an area outside said room or booth while massage services
are being performed.
(h) Wet and dry heat rooms, steam or vapor rooms or cab-
inets, shower rooms and compartments, toilet rooms and
pools shall be thoroughly cleaned and disinfected as
needed, and at least once each day the premises are open,
with a disinfectant approved by the Health Department.
Bathtubs shall be thoroughly cleaned with a disinfectant
approved by the Health Department after each use. All
walls, ceilings, floors and other physical facilities for
the establishment must be in good repair and maintained
in a clean and sanitary condition.
(i) Instruments utilized in performing massage shall not
be used on more than one (1) patron unless they have been
sterilized using approved sterilizing methods.
(j) Massages shall not be given unless patrons are wear-
ing clothing fully covering their genitals and female
patrons are in addition wearing clothing fully covering
their breasts. Where such clothing is furnished patrons
by the massage establishment, it shall not be used by more
than one (1) patron unless it has first been laundered and
disinfected. Massage technicians shall be fully clothed
from the knee to the neck in clean, opaque, light-colored
clothing.
(k) No persons shall enter, be or remain, in any part of
a massage establishment while in the possession of, consum-
ing, or using any alcoholic beverage or drugs except pur-
suant to a prescription for such drugs. The owner,
operator, responsible managing employee, manager or per-
mittee shall not permit any such person to enter or re-
main upon such premises.
(1) No massage establishment shall operate as a school of
massage, or use the same facilities as that of a school
of massage, except as provided below. The nonconforming
use of massage establishment facilities as a school of
massage, existing on or before December 1, 1976, may be
continued, but shall be discontinued on or before
ORDINANCE NO. NS-1338
Page seven
January 1, 1979. It shall be unlawful for any person
to perform any massage upon a member of the general
public while on the premises of a school of massage.
SECTION 4: That section 22-10 of the Santa Ana Munici-
pal Code is hereby amended to read as follows:
Section 22-10. Sale or Transfer
(a) Upon the sale or transfer of any interest in a
massage establishment, the permit shall be null and void.
A new application shall be made by any person, firm or
entity desiring to own or operate the massage establish-
ment. A fee as established by resolution of the City
Council shall be payable for each such application in-
volving sale or other transfer of any interest in an
existing massage establishment. The provisions of
section 22-3 of this Chapter shall apply to any person,
firm, or entity applying for a massage establishment
permit for premises previously used as such establishment.
(b) Any such 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
22-7 of this Chapter.
SECTION 5: That section 22-11 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Section 22-11. Change of Location or Name
(a) 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 a change of location fee as established by resolu-
tion of the City Council is deposited with the City.
(b) No permittee shall operate under any name or con-
duct any establishment under any designation not speci-
fied in his permit.
SECTION 6: 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 valid-
ity 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 portions thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses,
phrases or portions be declared invalid or unconstitutional.
SECTION 7: 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 con-
strued as affecting any of the provisions of such ordinance
relating to the collection of any such license or penalty or
the penal provisions applicable to any violation thereof, nor to
affect the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any ordin-
ance and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ORDINANCE NO. NS-1338
Page eight
ADOPTED by the City Council of the City of Santa Ana
on the 28th day of December , 1976, by the following vote:
AYES: COUNCILMEN: Yamamoto, Evans, Bricken,
Garthe, Brandt, Ward
NOES: COUNCILMEN: None
ABSENT:
COUNCILMEN: None
Ortiz,
ATTEST:
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L. GOW,
City Attorney