HomeMy WebLinkAboutCC AG PKT 2007-05-14 #F
AGENDA REPORT
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DATE:
May 14,2007
TO: Honorable Mayor and City Council
THRU: Greg Beaubien, Interim-City Manager
FROM: Jeff Kirkpatrick, Chief of Police
SUBJECT: ORDINANCE NO. 1558 - TITLE 5, CHAPTER 5.45.
MASSAGE ESTABLISHMENT AMENDMENT-
SECOND READING
SUMMARY OF REOUEST:
Staff requests that City Council adopt second reading of Ordinance No. 1558 Amending
Title 5, Chapter 5.45 - Massage Establishments, of the Seal Beach Municipal Code.
BACKGROUND:
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At the meeting of April 23, 2007 Council adopted the introduction and first reading of
Ordinance No. 1558 - Title 5, Chapter 5.45 - Massage Establishments. Staff found that
implementation and enforcement of the previous version did not provide for the efficient
processing of massage establishment and massage technician applications. The previous
version also provided ineffective means to enforce violations of the ordinance.
The proposed amendment corrects previous deficiencies and strengthens the ordinance in
the public interest as to the prevention of vice related crime associated with massage
establishments and employees in that industry.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff recommends adoption of second reading of Ordinance No. 1558 - Amending Title
5, Ch r.4 . ssa Esta r hments.
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NOrm> AND APPROVED:
Greg Beau . en, Interim-City Manager
AGENDA ITEM F
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ORDINANCE NUMBER 1558
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO
MASSAGE ESTABUSHMENTS AND MASSAGE TECHNICIANS
THE CITY COUNCIL OF TIlE CITY OF SEAL BEACH DOES ORDAIN AS
FOlLOWS:
~l Chapter 5.45 of the caption page to Title 5 (Busine.. Licen... and
Regulations) relating to masaage establishment is hereby amended to read as follows:
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15AS.005
1 5AS.OI0
ISAS.015
15AS.020
15AS.025
15.45.030
15.45.035
15.45.040
15.45.045
15.45.050
15AS.055
15AS.060
1 5.45.0Ii5
15.45.070
15.45.075
15.45.080
15.45.085
15.45.090
15.45.095
15.45.100
15.45.105
15.45.110
ISAS.1I5
15AS.120
''Chapter 5.45 M....ge Establlihments
Definitions.
Applicability of Chapter.
(Reserved)
Out Call Massage Sornc.: 1llep1.
Massage EstabUahments: Penn1t Required.
Massage EstabUshments: Permit AppllcatlOD.
Massage Establishments: Application RevIew.
Massage Establishments. Pennit Non-asslguable.
Massage Eslabllslunents: Operating Requirements.
Massage Establlihments: Facilities.
Massage Establishments. Inspections.
Massage Establishments: Change of Location or Name.
Massage Establishments: Notice of Violations and Penn1t
Snspenslon or Revocation.
Massage Establishments: Permit Renewal.
Massage Technlclans: Permit Required.
Massage Technlclans: Permit Application.
Massage Technicians: AppllcatlOD RevIew.
Massage Technicians: Prohibited conduFL
Massage Technicians: Notice of Violations and Penn1t .
Snspenslon or Revocation.
Massage Technicians: Pennit Renewal.
Request for H_g on Revocation or Snspenslon of Massage
Establishment Permit, Massage Techniclan PermlL
Procedures for Hearing on Appeal.
No Refund of Fee.
Return of PenniL"
Section 2 Chapter 5.45 of Title 5 (Business Licenses and Regulations) relating to
massage establishment is hereby amended to read as follows:
''Chapter 5.45 Massage Establlihments
1 5AS.OO5 DeIInltlons.
Por the pwposes of this Chapter, the following wonts and phrases shall mean:
A. "Massage": any method of treating the external pBlts of the body for
remedial, health or hygienic purposes. Masaage includes. but is not Hrnited to. massage
by means of pressure, friction, strolang. kneading, rubbing. tapping, pounding; massage
by means of stimulating the external parts of the body with any mechanical or electrical
apparatus or appliances, or with rubbing alcohol. lineaments. antiseptics. oils, powders,
creams, lotions, ointments. or other similar preparations; and massage by means of baths,
including. but not limited to, Turkish, Russian. Swedish. Japanese., vapor. shower.
electric or magnetic massages. alcohol rubs, or any other type of system for treating or
manipulating the human body with or without the cblll1lCler of a bath. Massage includes
acupuncture, acupressure. aromatherapy and reflexology.
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Ordinance Number 1558
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B. ..M....ge Establishment": any ..tabli.hment h.ving . fixed place of
business where any person engages in, conducts, or canies on, or 80 permits. any
business of giving a mass...
C. "Massage Technician" or ..M....g. Train..,": any person who admini.len
a massage to another person. for any fonn of consideration.
D. "Employee": any p...on who is employed by . m....g. establi.hment.
E. "p....",": as defined in Section 1.10.010.
F. ''Recognized School of M....ge": (I) .ny in.titution which: h.. been
approved by the CalifOIllia Department of Conaurner Affait& - Bu= of l'riVtl!e
Postsecondary and Voc.tional Education punuantlO Education Code f 94915; teaches
the theory, .thics, procticc. profes.ion, or work of massage; and n:quim for graduation .
resident COUl'Se of study nOli... th.n 500 hour.; or (2) any in.titution outside Californi.
that complies with .tandards commen.unte with tho.. s.t forth in thia definition and hoa
obtained certific.tion under any similar st.te certification program, if such exist, which
teaebes the theory, ethic., proctice, prof..sion or work of mas..ge. "Recognized school
of masss.ge" does not include schools offering . com:spondence course not requiring
attendance.
G. "Out Call Mass.ge Service": .dminislration of ''mas.age,'' for any form of
consideration .t . loc.tian de.ignated by the customer ather than . I.gally permitted
mas..ge establi.hment.
H. ''Reflexology'': the application of pres.ure 10 refI.x points in hands, feet or
.an by m.an. of h.nda, thumbs and fingera.
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1.
''Chi.r': Seal Beach Chi.f of Police or hi. or her del.gate.
J. "Design.1e<l Managing Officer": the n.tur.l person designated by .
corporation or partn...hip .. the .pplicant on the .pplic.tian for . m...age establi.hm.nl
permit and the co-permittee upon the lasuonce of a massage .stabli.hment permit.
K. "Customer": all peISOna on the ptmli... during aperllling lIoun who are
nOl the applicant, the .pplicant'. afficm or employees or vendon.
L "Health Officer": Th. Orange County Health Department officer
re.pon.ibl. for in.pecting m....ge establi.hment. in Se.1 Besch, or hi. or h.r delegate.
15AS.OIO Applicability or Chapter.
A. Th. provi.ions of this Chapter .hall not .pply 10 the following persona
when engaged within the .cope of their respective professional duties:
1. Pbysici8JUl, surgeons. chiropractors, osteopaths, or physical
therapists that are duly licensed 10 practic. their respective profession. in the state of
Califamia.
2. Nunes registered under th.laws of the stato of C.lifornia.
3. B.rbers and beauticians who .,., duly licensed under lh. laws of
the state of California. Thi. provision .hall .pply solely 10 the m....ging of the neck,
face. scalp and hair of the customer or clien!.
4. The medical staff of naspitals.. nursing homel, sani.tariums. or other
h.alth care facilities duly licen.ed by the stato of California.
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s.
Coach.. and train... of accredited high schools, junior call.ges
and coll.ges.
Ordinance Number 1558
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6.
athl.tic team..
Trainers of amateur. semi-praf..lional or profes.ionol athl.tes or
B. Th. provi.ion. of this Cbapter sholl apply to independent conlrBclom of
.uch person. if the independent controctor i. engaged in. or purports to be engaged in. the
business of massage.
15.45.015 (Reserved).
1 5.45.020 Oul Call M....ge Service: DlegaL
No person .holl engage in out call m....ge or to operale buain... providing oul coil
massage.
15.45.025 Mossage Eslablishmonla: Penult Required.
It i. unlawful for any periOD to operate a massage establIshment without fimt obtaining,
and mainlaining in full force and .ffect. . m....ge establi.hment permit for .uch
bulin.... in addition to .ny other license or permit toquired by the City.
1 5.45.030 Mau.ge Eslabllshmonla: Permll Appli<allon.
A. An .pplicanl for . mas..ge e.tabli.hment permil .holl .ubmil to tho Chi.f
an apphc.tion and . non-refundable .pplication foo in an .mount ..tabli.hed by City
Council R..olution. The applicant .holl include . copy of the foo receipt with the
application.
B. The application fee shall be in addition to any other business license or
tax, pennit fee or any fee: toquired by this Code.
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C. The .pplicant .holl not operate its propo.ed massage ..tabli.hment until
th. City h.. i..ued 011 n.ce.s.ary permits and licen....
D. The .pplic.tion .holl include. under pen.lty of perjury th.t .11 of the
infonnation submitted is true and correct:
1. The applic.nt'. full true name. any other names uaed; date of birth,
.ny other date of birth used: sex. h.ight. weight, color of hair. color of .ye.; CoI,fomi.
Driver's License number, or California Identification number, Social Security number,
prosent re.idence address and telephone number. In addition, the .pplic.nt sh.ll .ubmit2
photograph. of the .pplicant that moot Polic. Department toquirement. and, if toquired
by th. Cbi.f. hi. or her fingeq>rints.
'2. The .pplicant'. re.idenc... and the dato. thereof. for the prior five
years.
3. Th. .pplicant'. bu.in.... occupation. and .mployment hi.toty and
the date. thereof. for th. prior five ye.rs.
4. The .pplicant'. .ntire permit.nd license hi.tory, and th. date. and
types thereof, including any permit or Iicen.e i..ued for . m...age est.bli.hment,
massage technician or adult bl1Siness. The applicant shall indicate whether any such
pennit or license:: was revoked or suspended and, if so, the reasons.
S. The applicant's entire record of criminal convictions (except noo-
relony traffic offen.es) and ordinance violation., and the dates and place. ,hereof.
6. Accept.ble written proof that the applicant i. .tl...t 18 years of
age.
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Ordinance Number 1558
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7. A certificale from a medical doctor stating that each proposed
Massage T.chnician h.., within 30 days immediately prior thereto, been examined and
found to be me of any contagious or communicabl. di......
8. Th. name and address of any m....g. busin.ss or other like
eatablishtnent owned or operated by any person whn.. name i. requited to be given
pursuant to this Section.
9. A comp].te description of a1] setvicea to be provided at the
mBSsage establishment and of any other business to be operated on the same or. when
owned or controlled by the appliCllJl!, odjoining premi....
10. Th.name, sddIe&s, date of birth and po.ition of.ach person who i.
or will b. .mp]oyed in the m....g. eatablishment.
11. If the applicant is a cmporation, its name exactly as shown in its
Articlea of Incorporation or Charter, its stat. and dale of incorporation, and the namca
and residence addresses of each of its current officers, directors. and any stockholders
holding more than S'll> of the corporation's stock.
12. If the applicant i. a partn.rship, the name and re.idenc. addresses
of each of the partners, including limited partners. If the applicant i. a limited
partn.rship, it shall furni.h a copy of ita Certificat. of Umited Partnership.. filed with
the county clerk. If on. or more of the partners is a corporation, the provision. of
subsection 11 pertaining to corpol'Ble appliCllJlta .hall apply.
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13. If the applicant i. a corporation or partnership, it Bl1aIl designate on
the application on. of ita offICers or g.ner1l1 partners .. ita reapon.ibl. managing officer.
Such person shall compl.te and sign a1] fonn. and submit the application fee on behalf of
the appliCllJlt. Th. reapon.ibl. managing officer .haIl meet all requirem.nta applicabl. to
the applicant.
14. A site plan depicting how the proposed businea. will comply with
the del!ign standsrda of this chapter and the off.stre.t parking requirementa of the zoning
ordinance and designating each room or enclosure proposed for massages.
E. Th. applicant, or, if the applicant is a partnership or corporation, ita
designated reapon.ib]. managing officer Bl1aIl personally .ubmit the application with
proof that the application fee has been paid.
F. Th. applicant shall notify and cause the Health Officer to inspect the
propoaed .it. to ensure compliance with all applicabl. health ].w. and iBlu. a report.
Th. applicant shall submit a copy of the report to the Polic. Dcpsrtment If the applicant
doea not provide 10 the Polic. Department a report determining that the .ite is in full
compliance within 60 days of the date of filing, the application shall b. returned; a n.w
application shall be requited WIth the payment of all associated feea. In addition to any
fe.. charged by the City, the applicant shall pay a1] fees charged by the County Health
Department.
O. Th. applicant .hall submit any chang. of oddrea. occurring during the
procedure of applying for a massage .stabli.hment permit.
t SAS.o3S M......ge Establiabmenla: Application Review.
A. Th. Chief .hall have 60 days to perfonn all nec..sary inv.stigation related
to the application, unless the Department of Justice delays the process. in which case the
Chi.f .hall notify the applicant that additional time is needed to comp].te the proces..
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B.
upon finding:
Upon the completion of the inv..tigation, the Chi.f shall grant the pernut
1. Th. requited fee has been paid;
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Ordinance Number 1558
Ch.pter;
2. Th. .pplication confonn. in all raspeCIB to the provi.ion. of this
3.
The .pplicant h.. fully cooper.ted in the inv..tigation;
4.
.pplication; and,
Th. .pplicant h.. not made . mBleri.1 mi....prosenlalion in th.
5.
Th. .pplicant h.. not:
(.) Within 5 yeaTS immediately preceding the date of filing the
applic.tion, been convicted in . court of competent juri.diction of, or entered. plea of
guilty or nolo contendere to:
(i) Any misdemeanor or felony off.n.. which ...Iates
directly to the oper.tion of. m....g. ..tablishment, wh.ther .. . m....ge ..tabli.hment
owner or operator, or as a mllsage technician;
(ii) Any felony th. commi.sion of which occunod on
the premises of. m....g. ..t.blishment.
(b) Within 5 yeaTS immedi.tely preceding the date of the filing
of the .pplication, had any mas.age ..tablishment, openlIOr, technician, practitioner, or
trainee license or permit revoked, denied or suspended.
(c) Within 5 years imm.di.t.ly preceding the date of the filing
of the application. been convicted in a court of competent jurisdiction of, or entered a
pl.. of gwlty or nolo contend.... to:
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(i) Any violation of Pen.1 Coda II 266 (h), 266 (i),
314,315,316,318, or 647 (.), (b), or (d), or any I....r included offense thereof or any
other state law involving a crime of moral turpitude;
(ii) Conspiracy or Bttempt to commit any such offenaej
(iii) Any offen.. in . juri.diction oulBid. the .tate of
California which is the equivalent of any of the aforesaid offenses;
(iv) Any f.lony offen.. involving th. .al. of .
controlled .ub.tanc. .pecified in Health and S.f.ty Code 11I11054, 11055. 11056, 11057,
or 11058;
(v) Beon found guilty of or pl.aded guilty or nolo
contendere to any lesser-included offense of the above.
(d) Been .ubJected to . pennan.nt injunction .gain.t the
conducting or maintaining of. nui.ance pursuant to Pen.l Code III 11225 through 11235
or any similar provisions of law in B jurisdiction outside the state of California.
Cod. Section 290.
(.) Been required to ...gi.ter under the provi.ion. of Penal
(I) Engaged in disqualifying conduct.
6. The m...age ..tabli.hment .. proposed by the .pplicant would
comply with .11 the .pplic.bl. laws, including but not limited to health, zoning, fi.... and
safety requirements and standards.
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7.
Th. .pplicant i. atleut 18 years of age.
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Ordinance Number 1558
8. Th. .pplicant po....... th. roqui.ito background and
qualification. to cooduct. bon. fide lIUl&.age establi.hment.
9. Tho applic.nt h.. not viol.tod th. provi.ion. of this Chapter, or
any .imilar ordinanco, I.w, rul. or no&ul.tion of any other public agoncy, whIch noguIBIO.
th. oporlllion of m...age establi.hmonta.
10. Th. .ubject pnomi... have boon in.poctod by th. Health Officer
and found to be in compli.nco with all .pplicabl. h.alth I.wa and nogul.tion..
11. Th. applicant h.. obtained a conditional u.. permit pursuant to the
zoning ordinance.
C. A permit i..ued pursuant to thi. Chapter shall be valid for tho term of on.
year from tho dato of i..uance.
D. Th. Chief .hall deny tho permit if tho .pplicant doc. not fulfill th.
roquinomenta of this Ch.pter. Th. .pplicant m.y appeal the denial .. ..t forth in SOCIion
5.45.105.
E. No lIUl&.age establishment pBmlit .hall be i..ued to any potIlon who h.. an
Adult Entortainment PBmlit issued by th. City or .imilar permit in anoth.,. juri.diction.
t 5.45.040 MBBSage Establlshmenta: Permit Non....lgu.bl..
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A. Subject to tho .xcoption below for partnonhips, no m...age establi.hment
permit may be sold, tran.fernod, or ...ign.d by th. permittee, or by operation of I.w, to
any other person or persoDS; any such sale, transfer, or assignment, or attempted saIe.
tran.fer. or ...ignment, .hall be deemed to be . voluntary .urrender of th. permit .nd it
.hall tho....ftor be inv.lid. If th. permittee i. . corporation, its m....g. establi.hment
permit .hall be invalid when .ither any outstanding .lOCk of th. co'l'oration i. sold,
transfClTed or assigned after the issuance of a pennit. or any stock authorized but not
issued .t tho time of th. granting of . permit, i. th.....ftor i..u.d and .old, lranBfom:d, or
...igned.
B. Notwith.tanding .ubsoction A, if on. or mono plUlllerl of . plUlllonhip
which i. . permittoo dies during th. lif. of th. permit, on. Dr mono of tho .urviving
partners may acquire, by purchase or otherwise, the interest of the deceased partner or
partners without effecting a surrender or tenninadon of such permit; in such case, the
permittoo shallth.....ftor be doom.d to b. tho .urviving p.rtner(.).
t 5.45.G45 Massage EstabU.hmenta: Oponollng Roqulremonta.
Each m....g. ..tabli.hm.nt permitto. .hall comply with th. following:
A. Each establi.hm.nt off.ring m....go .hall h... . valId City m...age
establishment pennit.
B. Each pmon employed or acting.. . m....go tochnician sh.1I h.v.. valid
City massage technician permit It shan be unlawful for any owner, manager, operator,
responsible managing officer or employee. or permittee in charge of or in control of a
massage establishment, to empJoy or pennit a parson to act 88 a massage technici8ll who
is not in possessiDn Df a valid. unrevoked City massage technician pennit. A massage
establishment permit does nDt authDrize any persDn to perform massages without Il valid
Ctty massage technician permit.
C. A mBBBage ..tabli.hment .hall not b. oporl, and no m...age. .h.lI b.
provided, during th. period betwoon 11:00 p.m. and 9:00 a.m.
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D. Each establishment shall pDst in a conspicuDUS public location on the
promi... th. BOTYlces, prices and minimum length. of time. AIII.ttor. and numbers .h.lI
be not I... than on.-inch in height. No ..rvic. sh.1I b. potfonnod and no foo .hall be
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Ordinance Number 1558
charged or collected for services other than tho.. poatod. All BlT8ngements for service.
to be perfonnod sh.1I be made in . room in the m....ge est.bli.hment that i. not used for
adminiSb'ation of massage&; unless no other such room exIsts in the establishment. No
person .holl, .fter the comm.ncement of any service for any customer, infonn the
customer that any additional service is available, or ask or inquire of the cwtomer
wh.ther h. or .h. desire. .ny additionol service 10 be perfonned. No person .holl
perform any service for any customer that WBI not ordered by the customer prior to the
commencement of the service rendered
E. Th. pennittee .holl di.pl.y in an open and conspicuous place on the
premises the mBSsage establishment pennit and a picture of each and every massage
teChnician who administers massages in the establishment.
F. Each m....ge ..tabli.hment .holl keep . written record of the dale and
hour of each massage, the name and address of each customer, the name of the massage
technician admini.tering the m...age, .nd the typ. of m..sage .uthorizod and
admini.tered. Th. record. .holl be maintained for . period of 2 years. Only those
offici.l. who are charged with .nforc.ment of this Ch.pter .h.1I i..poct th... recorda
and no infonn.tion .holl be used for any purpo.. other than enforcement of this Ch.pter.
No m....ge establi.hm.nt pennittee or employee sholl utiliz. the records in any manner
unrel.ted 10 enforcement of thi. Ch.pter.
G. Each m....g. ..tabli.hment .h.1I at 011 times be equipped with an
adequate supply of clean, sanitary towels. coverings and linens. Clean towels, coverings
.nd lin.n. .holl be stored in c.bin.ts. Towel. and linen. .holl not be used on more than 1
customer or cli.nt, unless th.y h.v. first boon I.undered and di.infected. Di.posabl.
towels Bnd coverings shall not be used. on more than 1 customer or client. Soiled linens
and psper tow.l. .h.lI b. deposited in .eparate, .pprovod receptacl...
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H. Each m....ge establi.hment .h.lI maintain clearly identified separate
massage room or rooms, separated dressing facilibes and separate toilet fBCIhbes for male
and female customers.
I. In any establishment in which m...age services are rendered only 10
members of the same sex at anyone time. the operator of the massage establishment may
place customers of the same sex in a single separate room.
J. Each m....ge ..tabli.hment .h.lI maintain adequ.te ventil.tion 10 an area
outside .ny room or booth where mas.age i. being perfonned.
K. Each m....g. establi.hment sholl thoroughly clean and di.infect with .
di.infectant spprovod by the Health Department wet heal room., dry h..t room., .team
rooms, vapor rooms, showers. bathrooms, cabinet rooms and pools. as often as needed
.nd at least once =h d.y the premi... .re open. B.thtubs .holl be thoroughly cl..n.d
with di.infectant .pprovod by th. Health Department.fter =h us..
1. Each m...ag. ..tabli.hment .h.lI m.intain in good repair and 10 . clean
and .anitsry condition .11 the establi.hm.nt'. woll., c.i1ings, floors, and other phy.icol
facilities.
M. Instruments utilized in performing massage shall not be used on more than
one customer unless they have been properly sterilized.
N. There .h.1I b. no full or partiol nudity. Employees .holl not reveal
Spoc.fiod An.tomic.l Areas,,, definod in Ch.pter 5.15 of thIS Code, in th. presence of
any other person.
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O. All .mployee. .holl .t .11 times while on the premi... be clean .nd .h.n
wear clean, non-transparent outer garments covering the body from knee to neck; the use
of .uch gann.nt .holl be restricted 10 th. m...age estsbli.hment.
Ordinance Number 1558
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P. S.parate dre..ing room. for each .ex, equipped with individual lock... for
.ach .mployee, .hoil b. .vail.bl. on the premi....
Q. No person. shoil enter, be, or remain in any part of . m..sage
establishment while in the possession of. consuming or using alcoholic beverages or
controlled substances. except pursuant to a prescription for medication. The owner.
operator, respon.ibl. managing employee, manager, or pennillee shall not oilow any
person in violation of this subsection to enter or remain u.pon the premises.
R. No m..sage establi.hment may op.rate .. . school of m....ge, or ..... the
.ame facilities .. th.t of. ochoal of m....ge.
S. No m...age ..tabli.hm.nt m.y place, publish or di.tribute, or so direct or
penni~ .ny adverti.ing matler which either depicts any portion of th. human body or
includes text which would .uggest to prospective CUStomeI1l th.t .ny .ervice i. .vailabl.
other than th.... .ervices described in Section 5.45.005 A.
T. No mas..ge shoil b. given in . m..s.ge establi.hment within any cubicl.,
room, booth, or other..... which i. fined with . door capabl. of being locked.
U. All exterior dooll shoil remain unlocked during business hours from the
interior side.
V. A massage technician shall not massage any customer who is not wearing
clothing th.t fully covera th. cu'tomer's g.nital. and the b.....ts of any female customer.
Th. m..s.ge tachnician shall not m....g. any person's genital area. Th. mass.ge
technici.n ,hoil not m...ag.th. b.....ts of any femal..
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W. No m..sage establi.hment m.y b. open for bu,in.ss unl...th.... i. . least
one m8S&age technician holding a current, valid permit on the premise at all times.
X. No persons other than the person receiving a massage and the
administering massage technician may be within the room where the m88sage takes
place.
Y. Th. pennitlee sh.1I notify th. Chief, in writing, of any chonge in
information concerning the original application within 30 days of such change.
Z. Th. p.nninee shoil notify the Chi.f, in writing, of the name and addrea. of
each person employed as a massage technician subsequent to the issuance of the pennit
within 5 busin.ss days of th.t person being employed.
AA. No person licensed to operate . m..s.ge establi.hment sh.1I operate under
any name or conduct business under any name or business designation not specified in
the license.
t 5.45.050 M....ge Establl.hments: Faclllll...
A. Th. pennitlee .hoil provide:
1. Signs in full complianc. Wlth the City .ign ordinanc..
2. Minimum lighting in accordance with National Electric Code
Article 220; and at least one artificial light of not less than 40 watts in each roam or
enclosure designated. for massage.
Section 1105.
3. Minimum ventilation in accordance with Uniform Building Code
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4. Adequate equipm.nt for disinfecung and sterilizing in.truments
used in perfonning the acts of massage.
Ordinance Number 1558
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s.
Hot and cold running water at all times.
6. Clo.ed cabinots for S1<nge of cloan linen..
7. Adequ.te bathing, dres&ing, locker and toilet facilities for
customers, including 8 minimum of onc tub or shower, a dressing room containing a
separa10 locker (cap.bl. of being locked) for .ach cu.tomer, and . minimum of two
toU.ta and two w..h basin., on. for mal.. and on. for females, loc.ted in separate room..
8. A minimum of on. separate washb..in .hall be provided in each
m....ge est.blishment for the u.. of employe...
9. A minimum of one separate wash basin which provides soap or
d.tergent, and hot and cold running w.ter at all times .h.1I be provided in .ach m....g.
establi.hment for the use of employees. Such baain shall be loc.ted within, or .. close ..
practic.bl. to the are. d.voted to perfanning of msssag. services. Sanitary towel. .hall
be provided .t.ach b..in.
10. A tabl. de.igned .nd m.nufactured for medical or mas..ge u.es in
each room or are. de.ignated for m...age. No m.ttresse. and bed are allowed.
11. Pad. made of durabl. w..habl. pl..tic or other w.terproof
materi.1 acc.ptabl. to the He.lth Officer to cover mas.ag. tables.
15.45.055 Masaage EstabU.hmenta: Inspoctlon.
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A. Th. Chi.f and the Health Officer .hall .ach h.v. th. right to periodically
enter .nd in.pect .ny mas.age establl.hment for the pUIpOl. of enforcing compliance
with all .pplic.bl. regul.tion., law., and provi.ion. of this Ch.pter.
B. Whenever either the Chi.f or the Health Officer finda that .ny provi.ion of
this Ch.pter h.. been viol.ted, .uch officer .h.1I issue notice of the violation to the
pennittee by means of an inspection report or other written notice. The notification shall:
1. Set fonll the .pecific viol.tion or viol.tion. found;
2. E.t.bli.h. .pecific .nd re..on.bl. period of time for th.
correction of the violation or violations. If the issuing officer determines that the
violation or violations are minor in nature, or are not continuing violation(s). the officer
may Juue a warning to the pennittee that any funher violation of this Chapter may result
in the revocation or suspension of the permit; and
3. State that failure to comply with .ny notice issued in accordance
with the provisions of this Chapter may result in revocation or suspension of the pcnnil
15.45.060 M.saage EstablllhmeDta: Change of Location or Name; Expansion.
A. No permittee m.y relocate . mass.ge establi.hment to .nother location
within th. City without fir.t obtaining: (I) . written determination by the Director of
Dev.lopment S.rvices finding th.t the propo.ed location and facilities comply with the
Municip.1 Code; and (2) written .uthoriz.tion from the Polic. Chief.
B. No permittee may operate under any name not specified in the permit
without first securing from the Chi.f an amended permit reflecting the chang..
C. No pennittee may expand a massage establishment without first obtaining:
(I) . written detennin.tion by the Director of Development Services finding that the
..p.n.ion complies with the Zoning Code; and (2) written .uthoriz.tion from the Police
Chief the proposed .xpan.ion compli.. with this Ch.pter.
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15.45.065 Reserved.
Ordinance Number 1558
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f 5.45.070 Reserved.
15A5.075 M....... Technlclons: Permit Required.
It i. unl.wful for any pelSon to provide mwoge wilhout fi..t obtaining, and maintaining
in full force and effect. a massage technician pennit. A permit issued pursuant to this
Ch.pter .hall be valid for the term of one year from the date of i..uance.
15A5.080 Masoa... Tethnlclons: Permit Application.
A. An applic.nt for . m....ge eslBbli.hment pennit .hall .ubmitto the Chief
an .pplication and a non-refundable .pplic.tion fee in .n amount eslBbli.h.d by City
Council Resolution. Th. applicant .h.lI include . copy of the fee receipt with the
application.
B. Th. applic.tion fee .hall be in addition to any other bllSillOll. license or
laX, permit fee or any fee required by this Code; provided how.ver, that the application
fee .hall b. w.ived in the .vent the applicant h.. paid the fee required by Section
5.45.030 A.
C. Th. applicant .hall not admini.ter m....ges until the City h.. i..ued all
neces.ary permits and Iicen....
D. Each application for . m...age technician permit .hall include the
following information:
1. All of the infonn.tion set forth in .ubsection. 1-7 of S.ction
5.45.030 D. If certain required infonn.tion i. not applicable, the applicant shall 80
indicate.
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2. A diploma or certific.tion of graduation, and certifi.d copy of
transcripll from . Recognized School of Mas..g.. In the .v.nt that the .pplicant h..
compl.ted at least 3 years of work ""perience .. . m....ge technici.n, such applicant
.hall be required to have compl.ted . resident cours. of .tudy con.i.ting of not I... than
300 hou.. of in.truction, nOlwith.lInding the provi.ions of Section 5.45.005 F. In the
.vent that the applicant h.. compl.ted at least 15 yea.. of worle .xperience .. a m...age
technician. such applicant shall be required to have completed B resident course of study
consisting of not less than 200 hours of instlUCtion. notwithstanding the provisions of
Section 5.45.005 F. Th. City .hall have the right to confinn th.t the .pplicant ha.
actually attended cl... in and gradu.ted from . recognized school of m....ge. If the
school or institution is located outside of California, the appHcant shall include: (.> a
certified copy of tran.cript. of hi. or her record, including date. and courses, which
.hows th. .pplicant compl.ted the .ppropriate CDUJ'8e of study; and (b) . copy of the
school or in.titution'. approval by its Stale Board of EdllCBtion.
3. The full name, address, .nd telephone number of the .....age
est.bli.hment where th. applicant will work. If, sub.equentto the original .pplication.
the applicant seek. worle .t . different m....g. ..tahli.hment, the applicant shall ,ublnit
a new application. In such event, the applicant shall pay a new application fee.
4. Such other infonnation .. th. Polic. Chief m.y require in order to
discover the truth of the matte.. herein required to be ..t forth in the application.
5. A statement sign.d by the applicant certifying undor penalty of
pctjury that all of the infonnation submitted in connection with the applicabon is true and
correct.
I 5A5.08S Massage Technlclons: AppUcaUon Review.
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A. The Chief m.y i..ue a temporary permit within 7 business d.ys following
receipt of a written application for a massage technician's pennit, if, having made an
initial invesbgation, the Chief concludes that the applicant h.. nOl been previously
Ordinance Number 1558
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convicted of a crim. involving moral turpitude. A temporary permit shall continuo unloss
tho Chief revokes tho permit pursuant to tho ssmo criteria spplicsbl. to ponnaIlOllt
permilS, or unul it BUlOmatically .xpires 60 da)'S sftor i..uance, which.vor comes first.
B. Th. Chief shall hsve 60 da)'S in which to investigste tho opplicstion ond
background of tho spplicsnt, unJess tho Department of Justice dolsys tho proces., in
which coso tho Chi.f .hall notify tho spplicont that additional timo i. noodod to comploto
the process.
C. Upon tho completion of tho invostigstion, tho Chief .hall grant tho permit
upon finding:
I. Th. roquirod foe has boon psid;
2. Th. spplication confot1l1l in sll _IS to tho provi.ions of thi,
cnsptor;
3. Th. spplicont has .atisfied tho oducstional nlquiremonta of
subsection 0.2 of Soction 5.45.0S0 and is at least IS )'OBIS of sg.;
4.
Th. spplicont hs. fully cooporstod in tho inv..tigstion;
5.
application; ond
Th. applicont ha. not made a material mi.representation in tho
6.
Tho applicont has noC
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(a) Within 5 )'Oars immediately preceding tho date of filing tho
application, boon convicted in a coun of competent juri.dlction of, or entered a plea of
guilty or nolo contend.re to:
(i) Any miadomeanor or f.lony off.... which relate.
directly to tho operation of a massage ostablishmont, whether as a massage ostablishment
owner or operator, or as a lOBSSage technician;
(ii) Any f.lony tho commission of which occulTod on
tho promi... of a massag. establi.hment.
(b) Within 5 )'OBIS immodialoly preceding the date of tho filins
of tho application, had ony massage establishm.nt, operator, tochnicion, prsctitionor, or
trainee license or pennit revoked. denied or suspended.
(c) Within 5 years imm.diatoly preceding tho date of th. filing
of the application. been convicted in a court of competent jurisdiction of. or entered a
plea of guilty or nolo contendore to:
(i) Any violstion of Penal Code II 266 (h), 266 (i),
314,315,316, 31S. or 1547 (a), (b), or (d), or any l.uer included offen.. thereof or ony
other state Jaw involvmg a crime of moral turpitude:
(ii) Conspiracy or attempt to commit ony such off.nse;
(iii) Any offense in a jurisdiction outaido tho .tate of
California which is tIl. equivalent of any of tho afOl'Ol81d offen...;
(iv) Any felony offense involving tho sale of a
controlled subsl8l1ce specified In Health and Safety Codo O1ll054, ll055, ll056, ll057,
or ll05S;
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(v) Boon found guilty of or pleaded guilty or nolo
contendoro to any lesser-included offense of tho above.
Ordinance Number 1558
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(d) !leen subjocted to . permanent injunction .gainst the
conducting or maintaining of . nuisanc. punuant to Penal Code 1111225 through 11235
or any similar provisions of law in ajurisdicbon outside the state of California.
(.) Been required to register under the provi.ions of Penal
Code Section 290.
(I) Engaged in di.qualifying conduct.
D. A permit i..ued pursuant to this Ch.pter .h.1l be valid for the rerm of one
year from the date of issuance.
B. The Chief shall deny the permit if the applicant does not fulfill the
requirements of this Ch.pter. The .pp]icant m.y .ppeal the denial .. set forth in Section
5.45.105.
G 5.45.090 Massage Technlclatul. Problblted Condw:t.
A. A m....ge technician .hall not mas.age any cUl!orner who is _ wearing
clothing th.t fully coven the cUltomer'. genital. and the bre.sts of any female cUltomer.
The massage technician shall not massage any person's genital area. The massage
technician .hall not m...age the bre..ts of .ny femal..
B. M....g. technici.n. .hal] .t aI] tim.. on the premi...s of the m....ge
establishment be cl.an .nd wear cl.an, non-transparent outer ganncnts covering the body
from knee to neck.
C. No m....ge technician m.y perfonn . m....ge in .ny loc.tion other th.n
.t . m...age esl8blishment holding. valid m....g. .stabli.hm.nt pennit.
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D. No massage technician may perfonn a message at any location other than
that location specified on the mas..ge ~niclan'. permit.
B. No mas.age technician ahall engage in the following activity .t . m....g.
..tablishment:
1. S.xual octivity.
2. Unl.wful solicit.tion of sexual activity.
3. Tran.fer of contrOlled .ubstances.
4. Conduct prohibitad by this Ch.pter.
15.45.095 Maasage Establi.hments and Technicians: Notice of Violations and
Permit Suspension or Revocation.
A. After an inv..tig.tion and upon detennining that grounds for revoc.tion or
.uspen.ion exi.t, the Chief shall fumi.h written notice of the propo...d oction !o the
permi.... Th. notic. .hall st.te the basis for the proposed action and th.t the pcnnittce
may request . hearing within 10 days of the date of the notice. Th. Chi.f .hall post the
notice at the location of the massage establishment and mail the notice by certified mail
and regular mail. postage pmpaid, .ddres.ed to the permi... .. the name and addres.
.ppear on the permit. Th. decision i. final if .pplicant f.i1. to request. h.aring within
10 day. of the date of the notice.
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B. If. responsible m.naging officer of . ma...g. establi.hment permittee
viol.tes the oper.tion.1 .tandards of this Ch.pter, the col]lODllion or p.rtnenhip .haIl
propo... . n.w respon.ibl. managing offlCOr. T~. massage establi.hment permit .hall be
.u.pend.d until the City detcnnines that the proposed deaignee meets all .pplic.bl.
Ch.pter requirements. If the City does not accept. proposed deaignee within 90 d.Y' of
. violation, the pannit .hall b. canceled.
Ordinance Number 1558
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C. After notic. to tho permittoo and a hoaring, if requested, tho applicabl.
ponnil may be rovokod or suspondod for a definod poriod of time by tho Chid if h. or she
finds:
I. Th. pormitlOO has violated any provision of this Chaptor on two or
mora occasions within any 12-month parloe!, and tho ponm_ h.. boon givon prior
nObce of the earlier violation.
2. Any of tho .vonts in Sections 5.45.035 B 5. 5.45.085 C 6 and
5.45.090 have occutTOd.
3. The ponnitlOe has ongaged in fraud. misreptoSOJltation. or falso
statemont in oparating tho massage oatablishmont.
4. Th. m..sage oatablishmont permittee has continuod to oporate tho
massago oatablislunent after tho massage oatablishmont permit h.. boon suspondod.
5. Th. m....g. technician permittoo has continued to administer
massage after tho massago lOChnician pannit h.. boon suspondod.
D. Th. Chid or his or h.r authorizod roprosontativ. shall conduct tho hoaring
requested by tho ponnitlOe. Th. permi_ shall be permittod to prosont .vidonco, both
writton and oral. Oltamin. witn...... if any. and pro...l such argumont to tho Chi.f. ..
tho ponniltOO dooms nocossary. Th. pormiltOO may be roprosontod by counsol at tho
ponmtlOO's Oltpons.. Th. hoaring shall be infannal in procoduros. and tho ruI.s of
.vidonco shall not apply, Oltcopt that h.....ay ovidonco shall not be tho sol. b..ls for any
decision to suspend or revoke the: permit.
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B. Th. decIsion and action of tho Chid shall b. communicated in writing to
tho ponnitto. within 7 days of tho date of tho h.aring. and shall be oppoalabl. to tho City
Manago,.;n acconlanco with. Soction 5A5.105 of this Chaptor.
F. WhOl'Over a permit has boon rovokod undor tho tanns of th.is Chaptor.
naithor tho fanner permitte., nor any affiliatod porson or ontily, wh.ther an individual.
partn.rship, corporation. shall be grantod a now permit for a poriod of 5 years from tho
date of tho rovocation.
I 5.45.100 Pennlt Renewal.
Permittees shall submit an application for ron.wal to the Chid no soonor than 60 dsya
and no later than 45 daya prior to tho .xpiration of tho permiL A renewal application
shall includo a ron.wal application foe oatablishod by Council Roaolution and tho items
required for an initial application. Oltcopt as follows:
I. No additional fingerprints will b. required if the applicant's
fingolprints ore already on fiI. with the city.
2. No additional sit. plan will be required if tho applicanl doclaros
that the establishment continues to operate in accordance with the site plan SUbmItted in
conjunction with the initial application.
3. No writton proof of educational requirernonta will be roquired if
tho massago techniCIan's proof is alroady on fil. with tho city.
15.45.105 Appeal.
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A. Wh.n.ver an applicant or ponnitlOO is ontiUod to appeal a dotomunation of
tho Chid. tho appoal shall be filed in writing with tho City Clerk not lator than 15 daya
following tho date of tho notic. of tho dotonnination. Th. appoal shall specify tho basis
for tho appoal, tho action requoated, and tho name and oddross of tho ponnittoe.
Ordinance Number 1558
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B. If a tim.ly writton appoaJ i.lilod, tho City Mansgor .hall set a h.sring dato
and jn.hUcl tho Cily Clerk to give .uch notice of h08I1ng as may b. required by law.
C. If no sucb appoaJ i. tim.ly Iilod, tho deciaion of tho Chief .hall be final.
D. The City Manager shall act as tho Hearing Officer Dr may appoinl a
qualified Hearing Officer, such as a retired municipal or .uperior court judg., or JlOI"DII
of .imllar aperience and qualifications, to hear and decide upon the appeal.
HAS.no Prooedul'dol' Roaring on Appe&l.
A. The Hosring Officer shalt conduct tho hearing, rocoi.... om testimony and
other evidence, and prepare finding. of fact. The Hoanng Officer .hall conunence the
hoaring within 25 days of tho filing of tho appeal. Notice of time and pI... of the hearing
shall be given to tho app.I","1 by personal service or via certified mail and regular mall,
posUlge prepaid, aI leul 15 day. in advance of the dato sel for tho hearing. At tho
h.sring. the permittoe and the Chief sh.1I be .ntill.d to presenl relevanl evidence, to.tify
under oath. and call witn..... who .hall t..tify under oath. The Hoaring Officer shall not
be bound by the .tatutory rul.. of evidence in tho conducl of tho hoaring, .'Copl thaI
h.....y evidence may nol be tho .ole basi. for tho deci.ion to revoke or .u.pond. ponnit.
B. Such appeal hoaring shall b. hold d. novo and tho burden of proof .hall be
on the Chief to .how by plopondorance of tho .vidence thai grounds for revocation or
suspension under this Chapter exIst.
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C. Wilhin 15 days of tho conclusion of Ih. hoaring, the Hoaring Officer .hall
dotormine, based upon tho evidence pro..ntod in tho rocord of tho h.aring, whether
grounds for revocation or suspension exist. The Hearing Officer's decision shall be in
writing and .hall contain written findings of fact and his or her conclusions. Th. Hoaring
Officer's decision shall be serv.d upon tho appellanl by pononallleJVice or via certified
and regular llUlU, pootage prepaid, at the address of tho ponnittoe contain.d in the pormll.
The Hearing Officer'. deci.ion shall be effoedve upon personal lleJVice or, if .ervice is by
mail, thon 2 business day. following deposit with tho United States Postal Servlce. The
decision sh.1I be linal and conclusive and shall nol be .ppealable to Ihe CiIY Council.
1 5.45.115 No Refund of F....
No refund or rebato of any permil fee shall be allowed.
15.45.120 Return of Permit.
In the ev.nl Ih. permil is revoked, Iho pemullee shall forward il to the Cily Clerk nol
I.tor than Ihe end of tho 3rd bu.;n..s day after nObfication of tho revocation."
~3 Continuation of Existina: Law. Where substantially the sante as existing
law, the above amendments shall be considered a continuation of existing law and not a
new enactment.
~ 4 S.verabilitv. If any section, sub.oedon, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part th....,f is for any reason h.ld 10 be
unconstitutional. such decision shall not aff~t the validity of the remaining portions of
Ihis Ordinance Dr any part thereof. The City Council of the City of S.al Beach horoby
decJares that it would have passed each section. subsection. subdivision, paragraph,
sentence, clause or phTaSe thereof, in'CSpective. of the fact that anyone or more sections.
subsections, subdivisiOllB, paragraphs, senten..., claus.. or phr.... be declared
unconstitutional.
Section 5 The City CI.rk .hall certify to the adoption of this Ordinance and the City
Clerk shall cause this Ordin.ncelo be posted or published as proscribed by law.
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Ordinance Number 1558
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
ata meeting thereof held on the 14th day of Mav .2007.
Mayor
ATI"EST:
City Clerk
STATBOFCALIFORNIA I
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
_
I. Linda Devine. City Clerk of the City of Seal Beoch, California, do hereby certify that
the foregoing ordinance is an origlnal copy of Ordinance Number ~on file in the
office of the City Clerk. intrOduced at a meeting hold on the~ day of~. 2007.
and passed, approved and ..mptcd by the City Council of the City of Seal Beoch at a
meeting held on the 14th day of Mav .2007 by the following vote:
AYES: CouncilmcmbcR
NOES: Councilmcmbers
ABSENT: Councilmcmbers
ABSTAIN: CouncilmcmbcR
and do hereby further certify that Ordinance Number 1558 haa been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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