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HomeMy WebLinkAboutNS-2145 - Amending Sections to Allow County through Appropriate Changes in City's Ordinances... 063 ~ ORDINANCE NO. NS- 2145 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 12-44, 18-421, 18-454, 22-3, 22-9, AND 39-63 TO ALLOW THE COUNTY THROUGH APPROPRIATE CHANGES IN THE CITY'S ORDINANCES TO ADOPT HEALTH SERVICE FEES BY ANNUAL BOARD RESOLUTION, TO BE PAID TO THE COUNTY HEALTH OFFICER BY THE PROPRIETOR OR OPERATOR OF MASSAGE PARLORS, SAUNA BATHS, PEEP SHOWS, TATOO PARLORS AND OTHER SIMILAR ESTABLISHMENTS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 12-44 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 12-44. Health services fees. The county health officer shall periodically make inspections of peep show establishments located in the City of Santa Ana to determine if the proprietors or operators of such establishments are complying with the provisions of this chapter. The proprietor of such establishment shall pay such fees as may be established by the County of Orange as reimbursement for the services provided by the County Health Officer. Such fees shall be paid directly to the County Health Officer and retained by the county. SECTION 2: That section 18-421 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-421. Health services fees. The county health officer shall periodically make inspections of tattooing establishments located in the City of Santa Ana to determine if the proprietors or operators of such establishments are in compliance with the provisions of this chapter. The proprietor of such establishment shall pay such fees as may be established by the County of Orange as reimbursement for the services provided by the county Health Officer. Such fees shall be paid directly to the County Health Officer and retained by the county. SECTION 3: That section 18-454 of the Santa Ana Municipal Code is hereby amended to read as follows: 1 ORDINANCE NS-2145 Page 2 065 Sec. 18-454. Permit fees. The orange County Board of Supervisors shall establish by resolution a schedule of permit fees which is sufficient to cover the implementation costs of this Ordinance. This fee shall be collected annually from any person operating a business which launders, sanitizes or sells wiping rags. SECTION 4: That section 22-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 22-3. Massage establishment permit application. (a) Any person, corporation or partnership desiring to obtain a permit to operate a massage establishment 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 chapter. 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 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 (2) photographs of the applicant at least two (2) inches by two (2) inches taken within the last six (6) months. (7) Business, occupation or employment history of the 2 ORDINANCE NS-2145 Page 3 067 applicant for the three (3) years immediately preceding the date of application. (8) The business license history of the applicant 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) All convictions, including ordinance violations, 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 per cent (5%) of the stock in the corporation. If the applicant is a partnership, the applicant shall, set forth the name, residence address and dates of birth of each of the partners, including 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 individual 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, including 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 application. (13) The chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. (d) The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally 3 ORDINANCE NS-2145 Page 4 069 appear at the police department of the City of Santa Ana produce proof that the required application fee has been paid shall present the application containing the aforementioned described information. and and and (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 representative shall render a recommendation as to the approval or denial of the permit to the city manager. 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 proprietor of such establishment shall pay a Health Service fee as established by the County of orange. Such fees shall be paid directly to the County Health Officer to be retained by the County as reimbursement for said inspection. (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 chapter. (3) The applicant has not knowingly made a material misrepresentation in the application. (4) The applicant has fully cooperated in the investigation 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 of an offense involving conduct which requires registration under California Penal Code section 290, or of conduct which is a violation of the provisions of California Penal Code sections 266i, 314, 315, 316, 318, 647(a), 647(b), or 647(d), or any crime involving dishonesty, fraud, deceit, or moral turpitude, or any felony offense involving the sale of a controlled substance specified in sections 11054 through 11058 of the California Health and Safety Code. (6) The applicant has not had a massage establishment permit or massage technician permit or other similar license or permit denied or revoked for cause by this city or any 4 ORDINANCE NS-2145 Page 5 071 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 5: That section 22-9 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 22-9. Inspections. 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. The proprietor of such establishment shall pay such fees as established by the County of Orange as reimbursement for the County Health Officer's public health and sanitation services provided in connection with the enforcement of this Chapter. SECTION 6: That section 39-63 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 39-63. Applications for permits; contents, fee; term, conditions, cancellation of permit. Applications for permits shall be made to the enforcement officer containing such information as he shall require. Each application shall be accompanied by a fee as established by the Orange county Board of supervisors on the basis of the cost incurred in enforcing the provisions of this article. Fifty per cent (50%) of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within sixty (60) days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance. Permits may be issued subject to any condition or requirement found by the enforcement officer to be necessary to accomplish the purposes of this article. 5 ORDINANCE NS-2145 Page 6 arl3 A permit may be canceled or the conditions amended by the enforcement officer if he determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this article. /",", SECTION 7: If any section, subsection, sentence, clause I 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 Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8: 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 or the penal provision 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 ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 16th da~~.tPt"b" ,991. 'l~ Mayor ATTEST: 1ce C. Guy Clerk of the Coun COUNCILMEMBERS Young Ave Pulido Ave Acosta Ave Griset Ave McGuigan Ave Norton Ave Richardson Ave APPROVED AS TO FORM: er 6 074 CERTIFICATE OF ORIGINALITY & PUBLICATION state of California county of orange , I, JANICE C. GUY, Clerk of the council, do hereby certify the attached Ordinance NS-d/f~ to be the original ordinance adopted by the city Council of the City of Santa Ana on C1-/t-9/ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Cou city of Santa Ana