HomeMy WebLinkAboutCC Ord 1179 1985-04-08
ORDINANCE NUMBER 1/79
AN ORDINANCE OF THE CITY OF SEAL BEACH
REGULATING MASSAGE ESTABLISHMENTS AND
MASSAGE TECHNICIANS AND AMENDING THE
SEAL BEACH CITY CODE.
Section 1. The City Code of the City of Seal Beach is amended
by amending Chapter 12 to read:
CHAPTER 12
I
MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS
Sec. 12-1. Definitions. Unless the particular provision or
the context otherwise requires, the definitions and provisions
contained in this section shall govern the construction,
meaning, and application of words and phrases used in this
Chapter:
(a) "Massage" means any method of treating the
external parts of the body for remedial,
health, or hygienic purposes. Massage
includes, but is not limited to, treatment
by means of pressure, friction, stroking,
kneading, rubbing, tapping, pounding: treatment
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 treatment by means
of baths -- including, but not limited to,
Turkish, Russian, Swedish, Japanese, vapor,
shower, electric or magnetic treatments,
alcohol rubs, or any other type of system for
treating or manipulating the human body with
or without the character of bath.
I
(bl "Massage Establishment" means any establishment
having a fixed place of business where any per-
son engages in, conducts, or carries on, or so
permits, any business of giving massage.
(c) "Massage Technician" or "Massage Trainee" means
any person who administers to another person,
for any form of consideration, a massage.
(d) "Employee" means any and all persons, other than
a massage technician, who renders any service to
a massage establishment, and who receives com-
pensation directly from the massage establishment
permittee or his agent.
Ie) "Person" means any private person, association
of persons, firm, limited partnership, general
partnership, or corporation.
(f) "Recognized School of Massage" means: el) any I
school or institution of learning whicb has been
approved pursuant to the California ~ducation
Code, which teaches the theory, ethics, prac-
tice, profession, or work of massage, and which
requires for graduation a resident course of
study not less than one thousand (lOOO) hours to
be given in not less than six (6) calendar
months; or (2) any school or institution of
learning outside the state of Califorpia which
teaches the theory, ethics, practice,'Jprofession
or work of massage, which meets the minimum
requirements set forth in Title 3, Division 2l
of the California Administrative Code, and which
has been approved by its State Board of Educa-
tion.
I
I
I
Ordi nance Number .1/19
Schools which offer a correspondence course not
requiring attendance shall not be deemed a
"recognized school of massage."
The City shall have the right to confirm that
the applicant has actually attended class in and
graduated from a recognized school of massage.
If the school or institution is located outside
of California, the applicant shall include: (l)
a certified transcript of its record, including
dates and courses, which shows the applicant
completed the appropriate course of study; and
(2) a copy of the school or institution's
approval by its State Board of Education.
"Out Call Massage Service" means any business
whose primary function is to engage in or carry
on "massage," and which is not located at a
fixed location but at a location designated by
the customer or client.
Sec. 12-2. Applicability of Chapter. The provisions of this
Chapter shall not apply to the follo~ing class~s of perso~s
when engaged within the scope of thelr respectlve professlonal
duties.
(g)
(a)
Physicians, surgeons, chiropractors, osteopaths,
or physical therapists who are duly licensed to
practice their respective professions in the
State of.California. .
(b)
Nurses registered under the laws of the State of
California.
(cl Barbers and beauticians who are duly licensed
under the laws of the State of California. This
provision shall apply solely to the massaging of
the neck, face, scalp, and hair of the customer
or client.
(d) The medical staff of hospitals, nursing homes,
sanitariums, or other health care facilities
duly licensed by the State of California.
(e) Coaches and trainers of accredited high schools,
junior colleges, and colleges.
(f) Trainers of amateur, semi-professional or pro-
fessional athletes or athletic teams.
Sec. 12-3. Effective Date of Chapter. The provisions of this
Chapter shall be applicable to all activity described in Sec.
12-1 (a) - (d) whether established or in effect before or after
the effective date of this chapter. Notwithstanding the fore-
going, and activity which is defined by this chapter as a
massage establishment which was legally in business prior to
the Chapter's effective date shall have one year to comply with
the terms herein; and any person whose activity is defined by
this chapter as a massage technician who was so employed prior
to the effective date of this Chapter shall have thirty days to
comply with the terms herein.
Sec. 12-4.
engage in,
as defined
Out Call Massa~ Service:
conduct, or carryon, or 50
in Sec. 12-1 (g)
Illegal. No person shall
permit Out Call Massage
Sec. 12-5. Massa9~~stablishmen~s: Permit Required. No person
shall engage in, conduct, or carryon, or so permit, in or upon
any permises within the City, the operation of a massage estab-
lishment without first obtaining a valid massage establishment
permit issued pursuant to the provisions hereinafter set
forth. The permit required shall be in addition to any
other license required by City ordinance.
Ordi nance Number 1119
Sec. 12-6. Massage Es~ablishments: Permit_APplications.
(a) Any person desiring to obtain a permit to
operate a massage establishment shall apply
under penalty of perjury to the Chief of Police
or his authorized representative. Prior to
submitting such application, the prospective
",
applicant shall pay a non-refundable fee of
five hundred ($500.00) dollars to the City
Finance Officer to defray, in part, the cost I
of investigation and report required by this
Chapter. The applicant shall include a receipt
of this fee with the application.
(bl The application fee required under this section
shall be in addition to any license, permit, or
fee required under any other Chapter of this
Code.
(c) The application for a permit shall not authorize
the applicant to operate a massage establishment
until such permit has been granted.
(dl Each applicant for a permit shall submit the
following information:
(1) The applicant's full true name, any other
names used, date of birth, sex, height,
weight, color of hair, color of eyes,
California Drivers License Number or
California Identification Number, Social
Security Number, present residence
address, and telephone number. Additionally,
the applicant shall submit two photographs I
of the applicant to be taken by the Police
Department and, if required by the Chief
of Police, the applicant must furnish its
fingerprints.
(2) The applicant's residences, and the dates
thereof, for the five (51 years preceding
the date of the application.
(3) The applicant's business, occupation, and
employment history, and the dates thereof,
for the five (5) years preceding the date
of application.
(4) The applicant's entire permit and license
history, and the dates and types thereof,
including any permit or license issued by
any agency, board, City, county, Territory,
or State. The applicant shall indicate
whether any such permit or license was
revoked or suspended and, if so, the
reasons.
(5) The applicant's entire record of criminal
convictions (except non-felony traffic I
offenses) and ordinance violations, and the
dates and places thereof.
(6) A complete description of all services to
be provided at the massage establishment
and of any other business to be operated on
the same or, when owned or controlled by
the applicant, adjoining premises.
(7) The name, address, and date of birth of
each massage technician, aid, trainee, or
employee who is or will be employed in the
massage establishment.
Ordi nance flumber //79
Acceptable written proof that the applicant
is at least eighteen (18) years of age.
If the applicant is a corporation, its name
exactly as shown in its Articles of Incor-
poration or Charter, its state and date of
incorporation, and the names and residence
addresses of each of its current officers,
directors, and any stockholders holding
more than five percent (5\) of the
corporation's stock.
If the applicant is a partnership, the name
and residence addresses 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 part-
ners is a corporation, the provisions of
subsection (lO) pertaining to corporate
applicants shall apply.
If the applicant is either a corporation or
partnership it shall designate on the
application one of its officers or general
partners as its responsible managing offi-
cer. Such person shall complete and sign
all application forms required of ' an indi-
vidual applicant under this Chapter. Only
one application fee shall be required.
The corporation's or partnership's respon-
sible managing officer must at all times
meet all of the requirements set for per-
mittees by this Chapter. If a violation of
this duty should occur, the corporation or
partnership permit shall be suspended until
a responsible managing officer who meets
such requirements is designated. ',If no
acceptable person should be found:within
ninety (90) days of a violation, tbe corpo-
ration or partnership permit shall be
deemed canceled and a new initial appli-
cation for permit must be filed.
(e) The applicant or, if the applicant is a partner-
ship or corporation, its designated responsible
managing officer shall personally appear at the
Police Department of the City and produce proof
that the application fee has been paid and shall
present the application containing the required
information as described in this section.
(8)
(9)
I
(lO)
(11)
(12)
I
I
,
"
The name and address of any massage busi-
ness or other like establishment owned or
operated by any person whose name is
required to be given pursuant to this
section.
(f) The applicant shall notify and cause the Orange
County Health Department to inspect the premises
sought to be licensed to ensure compliance with
all applicable health laws.
.. ..... ~ ~
If the Department determines that the premises
are in full compliance, the applicant shall sub-
mit a copy of the Department of Health's' report
to the Police Department. If the Police Depart-
ment does not receive such a report within sixty
(60) days of the date of filing, the application
shall be deemed void, a new application shall be
required with the payment of all associated
fees.
Ordinance r~umber 1119
(g)
All fees charged by the Orange County Health
Department shall be incurred by the applicant
separately of any other fees or charges set
forth in this Chapter.
The applicant shall submit any change of address
which may occur during the procedure of applying
for a massage establishment permit.
Sec. l2-7. Massage Establishments: Application Review.
(a) The Chief of Police shall have sixty (60) days
to investigate the application and the back-
ground of the applicant. Upon the completion of
the investigation, the Chief of Police or his
authorized representative shall grant the permit
upon finding:
(l) The required fee has been paid.
(2) The application conforms in all respects to
the provisions of this Chapter.
(3) The applicant has fully cooperated in the
investigation of the application.
(4) The applicant has not made a material mis-
representation in the application.
(5) The applicant has not been convicted in a
court of competent jurisdiction of an
offense involving conduct which requires
registration under California Penal Code
Section 290, or of conduct which is a vio-
lation of the provisions of California I
Penal Sections 3l4, 3l5, 3l6, 3lB, 647(a),
647(b) or 647(h), or any other crime
involving dishonesty, fraud, deceit, or
moral turpitude.
I
If the applicant is a corporation this
section applies to its directors, to its
officers, and to any of its stockholders
who own five (5) or more percent of its
stock.
If the applicant is a partnership, this
section applies to both limited and general
partners.
(6) The applicant has not had a massage estab-
lishment permit or license, or a massage
technician permit or license, or any other
similar permit or license denied, revoked,
or suspended by the City or by any other
state or local agency prior to the date of
application.
(7) The massage establishment as proposed by I
the applicant would comply with all appli-
cable laws, including but not limited to
health, zoning, fire, and safety require-
ments and standards.
(8) The applicant is at least eighteen (l8)
years of age.
(9) The applicant possesses good moral char-
acter and is a proper person to conduct
such a business.
I
I
I
Ordinance Number ~~~
(b) A permit issued pursuant to this Chapter shall
be valid for a term of one (1) year from the
date of issuance.
(c) If the Chief of Police, following investigation
of the applicant, deems that the applicant does
not fulfill the requirements as herein set
forth, the application shall be denied. If the
application is denied the applicant shall have
the right to appeal the denial to the City
Council as set forth in Sec. l2-2l.
Sec. l2-B. Massa e Establishments: Permit Nonassi nable.
Su )ect to the except10n elow for partnersh1ps, no massage
establishment permit may be sold, transferred, or assigned by
the permittee, or by operation of law, to any other person or
persons~ any such sale, transfer or assignment, or attempted
sale, transfer or assignment, shall be deemed to be a voluntary
surrender of the permit and it shall thereafter be deemed
terminated and void. If the permittee is a corporation, its
massage establishment permit shall be deemed terminated and
void under this section when either any outstanding stock of
the corporation is sold, transferred or assigned after the
issuance of a permit, or any stock authorized but not issued at
the time of the granting of a permit, is thereafter issued and
sold, transferred, or assigned.
Notwithstanding the foregoing, if one or more partners of a
partnership which is a permittee dies during the life of the
permit, one or more of the surviving partners may acquire, by
purchase or otherwise, the interest of the deceased partner or
partners without effecting a surrender or termination of such
permit~ in such case, the permittee shall thereafter be deemed
to be the surviving partner(s).
uirements.
so perm1t,
following
No
any
Sec. l2-9.
person shal engage 1n, con uct, or carryon, or
massage establishment unless each and all of the
requirements are met.
(a) Each person employed or acting as a massage
technician shall have a valid permit issued by
the Chief of Police. It shall be unlawful for
any owner, manager, operator, responsible manag-
ing employee, or permittee in charge of or in
control of a massage establishment to employ or
permit a person to act as a massage technician
who is not in possession of a valid, unrevoked
Massage Technician Permit issued pursuant to
this Chapter.
The possession of a valid Massage Establishment
Permit does not authorize the possessor to per-
form work for which a Massage Technician Permit
is required.
(b) Massage and bath operations may be carried on or
conducted, and the premises may be open, only
between the hours of 7:00 a.m. and lO:OO p.m.
(c) A list of available services and the cost of
such services shall be posted in an open public
place within the premises and shall be described
in readily understandable language. No owner,
manager, operator, responsible manag~ng employ-
ee, or permittee shall permit, and no massage,
technician shall offer or perform, any service
other than those posted.
(d) The massage establishment permit and a copy of
each and every massage technician employed in
the establishment shall be displayed in an open
and conspicuous place on the premises.
Ordi nance Number 1/79
~ . ....
(e) Every massage establishment shall keep a written
record of the date and hour of each treatment,
the name and address of each customer, the name
of the massage technician administering the
treatment, and the type of treatment authorized
and administered. The records shall be main-
tained for a period of two (2) years.
Only those officials who are charged with I
enforcement of this Chapter shall inspect these
records and they shall not use any information
contained therein for any purpose other than
enforcement of this Chapter.
No massage establishment licensee or massage
establishment employee shall utilize the records
in any manner or for any purpose which is
unrelated to enforcement of this Chapter.
(f) Massage establishments shall at all times be
equipped with an adequate supply of clean, sani-
tary towels, coverings, and linens. Clean
towels, coverings, and linens shall be stored in
cabinets. Towels and linens shall not be used
on more than one (l) customer or client, unless
they have first been laundered and disinfect-
ed. Disposable towels and ~overings shall not
be used on more than one (l) customer or
client. Soiled linens and paper towels shall be
deposited in separate, approved receptacles.
(g) If male and female customers or clients are to
be treated at the same time at a massage estab-
lishment, a separate massage room or rooms, I
separate dressing facilities and separate toilet
facilities shall be provided for male and female
customers. Each such separate facility or room
shall be clearly marked as such.
(h) In any establishment in which massage services
are rendered only to members of the same sex at
anyone time, the operators of the massage
establishment may elect either to place such
persons of the same sex in separate rooms or
booths or in a single separate room. In either
case, there shall be adequate ventilation to an
area outside said room or booth while massage
services are being performed.
(i) Wet heat rooms, dry heat rooms, steam rooms,
vapor rooms, showers, bathrooms, cabinet rooms,
and pools shall be thoroughly cleaned and disin-
fected as often as needed and at least once each
day the premises are open with a disinfectant
approved by the Health Department.
Bath tubs 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 shall be main-
tained in good repair and in a clean and
sanitary condition.
(i) Instruments utilized in performing massage shall
not be used on more than one (l) patron unless
they have been properly sterilized.
I
Ordinance flumber //79
I
(k) All employees, including massage technicians,
shall at all times while on the premises of the
massage estabYishment be clean and shall wear
clean, non-transparent outer garments covering
the body from knee to neck~ the use of such gar-
ment shall be restricted to the massage estab-
lishment. Separate dressing rooms for each sex,
equipped with individual lockers for each
employee, shall be available on the premises.
No persons shall enter, be, or remain in any
part of a massage establishment while in the
possession of, consuming, or using alcoholic
beverages or drugs, except pursuant to a pre-
scription for such drugs. The owner, operator,
responsible managing employee, manager, or per-
mittee shall not permit any person in violation
of this subsection to enter or remain upon the
premises.
(1)
I
(m) No massage establishment may operate as a school
of massage, or use the same facilities as that
of a school of massage.
(n) No massage establishment granted a permit under
this Chapter may place, publish, or distribute,
or so direct or permit, any advertising matter
which either depicts any portion of the human
body or includes matter in its text which would
reasonably suggest to prospective customers or
clients that any service is available other than
those services described in Sec. l2-l(a) of this
Chapter.
(0) No massage shall be given in a massage estab-
lishment within any cubicle, room, booth, or
other area, which is fitted with a door capable
of being locked.
(p) All exterior doors shall remain unlocked during
business hours from the interior side.
(q) No massage may be given unless the patron wears
clothing which fully covers the patron's geni-
tals and, if the patron is female, breasts. No
massage may be given where the massage techni-
cian massages the patron's genital area nor,
where the patron is female, breasts.
(r) No massage establishment may be open for busi-
ness unless there is at least one massage
technician holding a current, unrevoked permit
on the premises at all times.
I
(s) No persons other than the person receiving a
massage and the administering massage technician
may be within a room in a massage establishment
wherein a massage is being given.
(t) The holder of a massage establishment permit
shall notify the Chief of Police, in writing, of
any change in information concerning the
original application within thirty (30) days of
such change.
(u) The holder of a massage establishment permi t.... _ _
shall notify the Chief of Police, in writing, of
the name and address of each person employed as
a massage technician subsequent to the issuance
of the permit within five (5) business days of
that person being employed.
Ordi nance Number 111fJ
Sec. l2-l0. Massage Establishments: Facilities.
(a)
Every massage establishment shall maintain
facilities meeting the following requirements:
(l) Every sign shall comply with the current
ordinances of the City.
-, .....
Minimum lighting shall be provided in
accordance with Article 220 of the National
Electric Code and, in addition, at least
one artificial light of not less than forty
(40) watts shall be provided in each room
or enclosure where massage services are
performed.
(3) Minimum ventilation shall be provided in
accordance with Section ll05 of the Uniform
Building Code.
(2)
I
(4) Adequate equipment for disinfecting and
sterilizing instruments used in performing
the acts of massage shall be provided.
(5) Bot and cold running water shall be provid-
ed at all times.
.
(6) Closed cabinets shall be provided for stor-
age of clean linens.
(7) Adequate bathing, dressing, locker, and
toilet facilities shall be provided for
patrons. This shall include a minimum of
one tub or shower, a dressing room con-
taining a separate locker (capable of being I
locked) for each patron, and a minimum of
two toilets and two wash basins, one for
males and one for females, located in
separate rooms.
(8) A minimum of one separate wash basin shall
be provided in each massage establishment
for the use of employees.
(9) A minimum of one separate wash basin which
provides soap or detergent, and hot and
cold running water at all times shall be
provided in each massage establishment for
the use of employees. Such basin shall be
located within, or as close as practicable,
to the area devoted to performing of mas-
sages services. Sanitary towels shall be
provided at each basin.
(lO) Pads used on massage tables shall be covered
with a durable washable plastic or other
waterproof material acceptable to the
Orange County Health Department.
Massa e Establishments: Ins ection. The Chief of I
Po 1ce an the Orange County Health 0 1cer, or their author-
ized representative, shall have the right to periodically enter
and inspect any massage establishment for the purpose of
enforcing compliance with applicable regulations, laws, and
provisions of this Chapter.
I
I
I
Ordinance Number //77
Sec. l2-l2. Massage Establishments: Change of Location or
Name.
-
(a) No holder of a massage establishment permit may
relocate a massage establishment currently
within the City to another location within the
City without first securing separate written
statements signed by the Chief of Police and by
the City Planner which state that the proposed
location and facilities comply with the provi-
sions of this Chapter.
(b) No holder of a massage establishment permit may
operate under any name not specified in the
original permit without first securing from the
Chief of Police a permit which has been amended
to record the change.
(c) No holder of a massage establishment permit may
extend or expand a building or other place of
business of a massage establishment without
first demonstrating to City inspectors that the
proposed expansion or extension complies with
Sec. l2-S(a)(7) and Sec. l2-B of this Chapter.
Sec. l2-l3. Massage Establishments: Permit Revocation.
(a)
The Chief of Police shall revoke a massage
establishment permit upon receiving satisfactory
evidence that the permittee has violated, or has
permitted an employee, representative or agent
to violate, any provision of this Chapter on two
(2) separate occasions within a twelve (l2)
month period. When the grounds for revocation
under this section are either that the permittee
allowed immoral, improper, or otherwise objec-
tionable conduct, actual knowledge of the perm-
ittee of any act or omission is not required to
be shown in order to justify revocation.
The action of the Chief of Police is appealable
by the permittee to the City Council in accord-
ance with Sec. l2-2l of this Chapter.
Whenever a permit has been revoked under the
terms of this Chapter, the former permittee,
whether a person, partnership, corporation,
shall not be granted a new permit for a period
of one (l) year from date of revocation.
(b)
(c)
Sec. 12-14. Massage Establishments: Renewal of Permits.
Holders of massage establishment permits issued pursuant to
this Chapter shall have thirty (30) days from the permit's
date of expiration to renew. The application to renew shall
be made to the Chief of Police. If, upon the thirty-first
(31) day, the Chief of Police has not received the application
to renew, the permit shall be deemed suspended until such time
as the Chief of Police has received and approved the renewal
application. Approval shall be contingent upon satisfactory
compliance with all pertinent provisions of this Chapter. A
non-refundable fee of one hundred ($100.001 dollars shall be
pai~ prio~ to the annual renewal of such permit.
Sec. l2-l5. Massage Technicians: Permit Required. No person',
shall engage in the business of a massage technician without
first obtaining a valid massage technician's permit issued
pursuant to the provisions hereinafter set forth.
Ordinance Number -1179
Sec. l2-l6. Massage Technicians: Permit Application.
(al Each applicant for a massage technician permit
shall apply under penalty of perjury to the
Chief of Police or his designated representa-
tive. Prior to submitting such application, the
prospective applicant shall pay a non-refundable
fee of five hundred ($500.00) dollars to the
Finance Officer to defray, in part, the cost
of investigation and report required by this
Chapter. The applicant shall include a receipt
of this fee with the application.
",
I
(bl The application fee required under this section
shall be in addition to any license, permit, or
fee required under any other chapter of this
Code.
(c) The application for a permit does not authorize
the applicant to engage in the business of a
massage technician until such permit has been
granted.
(d) Each application for a massage technician permit
shall include the following information:
(11 Each and every fact set forth in Sec. 12-
4(d). If certain required information is
not applicable, the applicant shall so
indicate.
(2) A diploma or certificate of graduation from
a recognized school of massage.
(3) The full name, address and telephone number
of the massage establishment at which the
applicant will be employed. If, subsequent
to the original application, the applicant
seeks employment at a massage establishment
other than that indicated thereon, the
applicant shall submit another application
stating the change. In such event, the
applicant shall pay an additional applica-
tion fee.
I
(4) Such other information as the Police
Department may require in order to discover
the truth of the matters herein required to
be set forth in the application.
Sec. l2-l7. Massage Technicians: Application Review.
(a) The Chief of Police may issue a temporary permit
within seven (7) business days following receipt
of a written application for a massage
technician's permit, if, having made an initial
investigation, the Chief concludes that the
applicant has not been previously convicted of a
crime involving moral turpitude. A temporary
permit shall continue unless the Chief of Police
revokes the permit pursuant to the same criteria
applicable to permanent permits, or until it
automatically expires sixty (60) days after
issuance, whichever comes first.
I
(b) The Chief of Police shall have sixty (60) days
in which to investigate the application and
background of the applicant. Upon completion of
the investigation, the Chief of police or his
authorized representative shall grant the permit
upon finding:
I
I
I
Ordinance Number ,11~
(l)
(2)
The required fee has been paid.
The application conforms in all respects to
the applicable provisions of this Chapter.
(3)
The applicant has furnished an acceptable
diploma or certificate of graduation from a
recognized school.
(4) The applicant has fully cooperated in the
investigation of the application.
(5) The applicant has not made a material
misrepresentation in the application.
(6) The applicant has not been convicted in a
court of competent jurisdiction of an
offense involving conduct which requires
reqistration under California Penal Code
Section 290, or of conduct which is a vio-
lation of the provisions of California
Penal Sections 3l4, 315, 316, 318, 647(a),
647(b) or 647(hl, ,or any other crime
involving dishonesty, fraud, deceit, or
moral turpitude.
(7) The applicant has not had a massage estab-
lishment permit or license, or a massage
technician's permit or license or any simi-
lar permit or license revoked or suspended
by the City, or by any other state or local
agency prior to the date of application.
(8) The applicant is at least eighteen (181
years of age.
(91 The applicant possesses good moral charact-
er and is a proper person to conduct such a
business.
(c) A permit issued pursuant to this chapter shall be
valid for one year from the date of issuance.
(d) If the Chief of Police, following investigation
of the applicant, deems that the applicant does
not fulfill the reqirements as herein set forth,
the application shall be denied. If denied, the
applicant shall have the right to appeal the
denial to the City Council as set forth in
Sec. 12-21.
Sec. 12-1~~Ma~sage !echni~ians: Prohibited Conduct.
(a) No massage technician may massage a patron's
genital area or, if the patron is female,
breasts.
(b) Massage technicians shall at all times on the
premises of the massage establishment be clean
and wear non-transparent outer garments covering
the body from knee to neck.
(c) No massage technician may perform any massage
services in any location other than at a massage
establishment holding a valid massage permit.
~- ~-
(dl No massage technician may perform any massage
services at any location other than that
location specified on the massage technician's
permit.
Ordinance Number //79
Sec. 12-19. Massage Technician: Permit Revocation.
(al The Chief of Police shall revoke a massage
technician's permit upon receiving satisfactory
evidence that either: (1) the permittee has
been convicted of or entered a plea of guilty to
any violation of Sections 647a or 647b of the
California Penal Code, or any lesser included
offense thereof, or any other State law involving
a crime of moral turpitude; or (2) the permittee
has, on two occasions, violated any provision
of this Chapter.
".
(bl The action of the Chief of Police is appealable
by the permittee to the City Council in accordance
with Sec. 12-21 of this Chapter.
(c) Whenever a permit has been revoked under the
terms of this Chapter, the former permittee,
whether a person, partnership, corporation,
shall not be granted a new permit for a period
of one (1) year from date of revocation.
Sec. 12-20. Massage Technicians: Renewal of Permits. Massage
technicians who hold permits issued pursuant to this Chapter
shall have thirty (30) days from the permit's date of expira-
tion to renew. The application to renew shall be made to the
Chief of Police. If, upon the thirty-first (311 day, the Chief
of Police has not received the application to renew, the permit
shall be deemed suspended until such time as the Chief of
Police has received and approved the renewal application.
Approval shall be contingent upon satisfactory compliance with
all pertinent provisions of this Chapter. A non-refundable
fee of one hundred ($100.00) dollars shall be paid prior to
the annual renewal of such permit.
Sec. l2-2l. Requests for Hearing on Appeal.
(a) Whenever a permittee or an applicant for a permit
under this c~aPter is entitled to appeal to the
~City Council;an adverse determination made by
the Chief of POlice, or by his authorized repre-
sentative, the appeal shall be submitted to the
City Clerk within ten (lO) days following notice
of the adverse determination. The appeal shall
be in writing and shall specify the basis for the
appeal, the action requested, and the name and
address of the permittee.
(bl If the permittee submits a timely appeal, the City
Council shall set a hearing date and instruct
the City Clerk to give such notice of hearing as
may be required by law.
(c) If the permittee does not submit a timely appeal,
the action by the Chief of Police shall be deemed
final.
I
I
Sec. l2-22. Hearing Before City Council. When the City Council I
presides over a hearing scheduled pursuant to this Chapter, it
shall receive testimony or other evidence from the permittee,
from interested parties, and from City Staff.
Sec. l2-23. Burden Of Proof At Hearings. The appellant shall
bear the burden of proof in all hearings held pursuant to this
Chapter to prove that the determination of the Chief of Police
is either unreasonable, erroneous, or otherwise an abuse of
discretion.
If the permittee is not prepared to present evidence and
requests additional time, the Council may continue the hearing
to a subsequent meeting.
I
I
I
Ordinance Number //79
The City Council shall make its
thirty (30) working days of a
The decision of the City Council
Sec. l2-24. Final Decision.
decision on the appeal within
final hearing of the matter.
shall be final.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Seal B~ch, California, a~regular meeting thereof held on the
~u. day of ~..~:/ , 1985.
""
Ma9'~".J~ -.oJ c..-_.~p
STATE OF CALIFORNIA)
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that the foregoing ordinance is the original
copy of Ordinance Number II '7tl on file in the office of the
City Cl~,_int;oduced at a m~eting held on the .2~ day
of ~ ,l985, and passed, approved and adopted by
the City counc1l0of the City of S Beach at a meeting thereof
held on the (;l (I. day of I , 1985 by the
following vote:
AYES: Councilmembers (
NOE" C=ncilmembero ~j ~
ABSENT: c~uncilmembers "h: (,.J
and do hereby further certify that Ordinance Number 1/7~ has
been published pursuant to the Seal Beach City Charter and
Resolution Number 2836.
9....., iJh ( Il
Ci Y lerk /
'.
Ordi nance Number 1119
. PROOF OF PUBLICATION
(2015.5 C.C.P.l
S7ATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States a-nd a
resident of the County aforesaid: I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter. 1
am the principal clerk of the printer of the
Seal Beach Journal
....................................................
....................................................
a newspaper of general circulation. printed
weekly
and published ..................................
in the City of ........~.~..~~~~...........
County of Orange. and which news.
paper has been adjudged a newspal'8r
of general circulation by the Superior
Court of the County of Orange, State of
California. underthedateof..~!'.~,... 19 .~.r.
Case Number..... ~~l?~~..: that the notice.
,If which the annexed is a printed copy (set
in type not 'smaller than nonpareil I. has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
~farch 6.
....................................................
all in the year 19.~.~..
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Seal Beach
Dated at.......... .......... ...... .......... .....
. . 07 ~farch 85
California, thls..........day QT........, 19.....
...........:..'. :J:f!.!.J..:.~.....
/ Signature
f '"" tll.nll form m., .."cured fram:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 Weal Second SI.. Los Angeles. Calif. 90012
Telephone: (2131625.2541
..,.... ,...ue.t GeNERAL PhIal of Pulllic.tlan
when .nterln. 'flis form.
This space is for the County Clerk's Filing Stamp
I
Proof of Publication of
SUM)~Y - Ordinance Number 1179
..........................................................
~fassage Establishments & }fassage Technician,
..........................................................
SUMIIAAY - ORIIINANCE NUMBER
117' MASSAGE
ESTABLlSHMENTS_ _E
TECHNICIANS
.Ordinance Number 1179 of the.Clty d
Seal Beach. amend Chapter 12 of the
CacIe of It1e City of Seel 8el1Ch,
reau1atlnl maSSIIJI establishments
and massaae technicians. was m:
traduced at the reau1ar City Council
meetlnl of February 25. 1985 First
reacllnl of Ordmance Number 1179
was approved by the followinl vote.
AYES, 8rownell. Clift. Grps,
Risner. Wilson
NOES. None Motion carried
Ordinance Number 1179 Will receNt!
second readil1l and be considered for
adopbon at the relUlar City Council
meetlnlof March 11.1985. Copses of
Ordinance Number 1179 ate available
in the offa of the City Clerk. CItY Hall,
211 - 8th Street, Se,1 Beach;
.telephone l213J.431-2527.
DATED THIS 27th day of Febru.,-.
1985
Joanne M. Yea. City Clerk
City of Seal Beach
March 6. 1985
Pubhshed In the Seal Beach Journal.
I
I
I
I
I
Ordinance Number 1179
PROOF OF PUBLICATION
(2015.5 C.C.P.l
S7ATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid: I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
~ .. /) ':\ '
.1 ',~ . ..,. , . J, "1,- C' '/)(' I
...........:~........~.c.~..... ;- )o-.~ ..~...
-" '"
..............................~....................
a newspaper of general circulation. printed
d bl- hed -<",')'..K- L '
an PU IS ......:.-...~.:l-....;;~.r.............
. th C.t f ' . .,' ...:. L c.1J
In e I Y 0 .......c...(,.~.....~.~................_
County of Orange. and which news.
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Oran.ge. State of
....
California.underthedateofA-:-J-::..., 19 f:l.
) {' r"n
Case Number a...;.S~.....: that the notice.
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil I. has
bee" published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates.
to-wit: /' I ' .
........!..~~~.~..~~..........................
II' h ,'::;-
a In t e year 19."....
I certify (or declare I under penalty of
perjury that the foregoing is true and
correct. (j
Dated at~ .;.<d.. .6.i:l&:'!.I:..... ........
i /./111 /)' I:~ ;.1;_
Callfornlll. this..,t.......day Df,."""I.'f;, 19.,.,:,".
/; ) r: I ./,
I. it", ,";" f., "'-.j' '--A()~
...... ..../.................". f";' ...........
Signature.' i
Free caltle. of .",. 11lanlf. form "'., tie see,,"" "om:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 Wesl Second S~. Los Angeles. Calif. 90012
Telephone: 12131625.2541
PI.........u..'.ENERAL Ptoafof 'ullt'CII,lon
wllln onll,.na flul fo,m.
. \ \\
.' .
This space is for the County Clerk's Filing Stamp
Proof of Publication of
..........................................................
..........................................................
Paste Clipping
of Notice
SECURELY
In This Space
IUMMARY - ORDINANCE NUIIBEA
1178 REGULATING MASSAGE
ESTABLISHMENTS.nd MASSAGE
TECHNICIANS
Ordinance Number 1 !79otthe Dry of
Seal Beach. as amended. regulating
massage establishments Ind massage
techRlclans. establishing standards for
eduattDrl, conduct. dress. hyslene.
operatmg standards. and establlshmg
permit fees for massage
establishments and massage techni-
cians. was Introduced at the re...lar Ct-
tyCouncl/meetlngofMarch2S, 1985
First rt!achng of Ordinance Number
1179 was approved by the follOWing
....
AYES Brownell. Chft, Grps,
RISner. Wilson
NOES None Motion camed
Ordinance Number 1179 will receIVe
second reachnl and be conSidered for
adoptlon at the teilllar City Council
meeting of April 8. 1985. Copies of Or-
dinance Number 1179 are available In
the office of the City Clerk. City Hall.
211 . 8th Street. Seal Beach.
telephone (213) 431-2527.
OATED THIS 26th d8Y of March.
1985
Joanne M Yeo. City Clerk
City of Seal Beach
Apt'11 3, 1985
Published In the Seal Beach Journal
'-
Ordinance lJumber //19
PROOF OF PUBLICATION
(2015.5 C.C.P.l
S7ATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid: I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
~...t....,(kd,"'J-'~''''''
....................................................
a newspaper of general circulation. printed
and published ....41~~d........
in the City of ......A.a.rf... .. ........
County of Orange, and which news.
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. under the date Of~... 1961.
Case Number fllJ.f.?}..: that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil I. has
bee" publiShed in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates.
to'Wit:~
'z.J / 7
....... .; ...........,..........................
all in the year 19.fs.:
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct. J' /J
Dated at... 'W../.J~.............
~~:~i::f,c~i:t..~
Signature v"t'lJ.-....
FrH caD.el af "lIsIlUln" form may'. IICUtlet fr....:
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC.
Legal Advertising Clearing House
120 West Second S~. Los Angeles. Calif. 90012
Telephon.: (2131625.2541
Pl.... ,..ue.' G ENe II AL ","oof of "vIlUCltl...
wilen orderlno thll fo,m,
This space is for the County Clerk's Filing Stamp
I
Proof of Publication of
..4tI4:Y.J.~;}..~.~.........
I'~/,<-.,j 1177
..........................................................
Paste Clipping
of Notice
SECURELY
In This Space
SUMMARY - ORIIINANCE NUMBER
1171 REGULATING MASSAGE
ESTABLISHMENTS ond MASSAGE
TECHNICIANS
Orchnance Number 1179 of the City of
Seal Beach, regulating massaRe I
establishments and massage technl-
c.ans, eslabllshma standards for
education, conduct. dress. h)'lJene,
operating standan:ls, and establlsh.n.
permit fees for massage
establishments and massage tehnt-
Clans, received second reading and
was adopted by the City Council at
their rellU1ar meetlnll of April 8. 1985
by the followlnl vote:
AYES: Brownell. Clift. GrillS,
Risner.
NOES- None
ABSENT. WIlson Motion earned
CoPieS of Orchnance Number 1179 are
available 11'1 the office of the City Clerk.
CIty Hall, 211 - 8th Street. Seal
Beach: teiephone (213) 431.2527
DATED THIS 9th day of Apnl. 1985
Joanl'le M. Vea. CIty Clerk
City of Seal Beach
Apnl 17, 1985
Pubhshed In the Seal Beach Journal
I