HomeMy WebLinkAboutORD 700 (1976) ORDINANCE NO. 700
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 25
TO THE TUSTIN CITY CODE, REGULATING BATHS, SAUNA BATHS AND MASSAGE
~ ESTABLISHMENTS.
~ ~ foll~ :'
5 1. ~ Ci~ C~e ~i~ce ~490 is h~y re~al~.
6 2. ~pt~ 25 of ~e ~t~ City C~e is her~y ~d~ ~ read ~
~ foll~qs:
8 ~apter 25. Ba~s, Sa~a Bat~ '~d Massage Est~lis~nts
9 Sec~on 25-1 ~f~i~ons.
For ~e p~se of ~e pDvisions r~lat~g Ba~s, sa~a ~s, ~ssage
est~blis~ ~d s~l~ b~inesses h~einafter set for~, ~e fotl~g ~r~
~d p~ases shall be cons~ to have ~e ~gs here~ set fo~, ~less it
is app~ent fr~ ~e cont~t ~at a ~ffer~t ~g is ~t~d:
a) ~SA~
~y ~.of press%e on or fric~on against, or s~ok~g, ~ead~g,
~4 ~bing, tapping, ~ng, or s~la~g ~e ~t~al p~ts of ~e
~y wi~ ~e h~ds or o~ p~ts of ~e bdy, wi~ or wi~out ~e
15 aid of ~y mech~ical or elec~ical app~a~us or appli~s, or wi~
or wi~out suppl~n~ aids such as jb~g alcohol, ~~,
-- 1~ o~nts, or o~er si~l~ prep~a~ons c~nly ~ ~ ~is pra~i~
17 b) ~SA~ EST~LIS~
18 ~ es~lis~nt having a fLxed place of b~ess ~ere ~y Fr~n,
~s~ia~on, fi~ or co~ratbn e~aged ~, c~ducts or c~ries on,
19 or ~ts to ~ ~gag~ in, conducted or c~ied on, ~y bus~ess of
giv~g ~kish, Bsi~, ~edish, va~r, ~eat, el~ic, salt,
~0 m~e~c, or ~y o~er kind or ~ac~r of ~s, ~ere al~hol ~,
fo~n~on, ba~s, ~ipulation of ~e ~y, ~ssage or
E1 pr~es ~e give.
E~ c) OF-P~SS ~SA~
~5 ~e ac~vi~ of providing ~ssage se~ces, ~ssage facili~eS, or
~. ~ssage tecl~ci~ as def~ here~ at a l~a~on o~ ~ pr~s~
~4 li~ns~ by a ~t fr~ ~e Lic~se ~d P~t B~d of ~e City
of ~.
~5
d) ~SA~ ~IC~N OR ~IC~NS
~6
~y ~son, ~le or f~le, Who ~ist~s ~ ~o~er ~s~, for ~y
Z7 fore of consideration, a ~ssage, al~hol j, f~ta~on, ~,
elec~ic or sFci~ ~ssage pr~ed~, ~ipu~on of ~e ~y, or
__ ~8 o~er s~l~ p~ed~e.
E9 e)
D0 Sh~l refer to ~e Lic~e & P~t ~d of ~e Ci~ of ~t~.
51 Section 25-2 ~ssage Es~lis~nt P~t ~r~
It shall be ~lawful for ~y ~rson, ass~iation, f~, or ~ration, to
~gage in, coMuct, or c~ on, or ~ ~t to ~ ~gaged ~, ~nducted, or
ca~i~ on, in or u~n ~y praises wi~in ~e City of ~tin, ~e b~ess of a
208 ,~
£ massage establishment, or to render, or permit to be rendered, massage services
at a location removed from a massage establishment within the City of~Tustin, in
E the absence of a permit issued pursuant te the nrovisions hereinafter set forth.
The permit required shall be in addition to any business license tax or fee
5 required by any other ordinance of the City of .Tustin.
4 Section 25-3 ~xceptions:
The requirements of Section 25-1 et seq. shall have no application and no
effect upon and shall not be construed as applying to any persons designated as
6 follows: Physician, surgeon, chiropractor, osteopath, or any nurse working
under the supervision of a physician,. surgeon, chiropractor or osteopath, duly
7 licensed to practice their respective professions in the state of California
while engaged in the performance of their respective professions, nor shall the
8 requirements of Section 25-1 et s'eq. apply to any treatment administered in good
faith in the course of the practice of any healing art or profession by any
-9 person licensed to practice any such art or profession under the Business and
Professions Code of the State of California, or of any other law of this State.
IO Practical nurses or other persons without special qualifications as massage
technicians, or other persons not otherwise licensed by the State of California,
11 to practice pursuant to the Medical Practice Act, whether employed by physicians,
surgeons, chiropractors, or osteopaths or not, may not give massages or massage
12 procedures.
Section 25-4 Massage Establishment Application: Fee
Any person desiring to obtain a permit to operate a massage establishment
or to perform massage services shall make application to the License and Permit
15 Board on forms supplied by the City,.together with an application fee of Twenty-
five Dollars ($25.00) and Five Dollars ($5.00) for each massage technician.
16
Section 25-5 Massage Establishment Application: Contents
Any applicant for a permit shall submit the following information:
18
a) California driver's license number;
19
b) Social Security number;
S0
c) The full name and.present address of applicant;
d) Each residence and business address of applicant for the three (3)
22 years immediately preceding the date of the application, and the
inclusive dates of each such address;
e) Written statements of at least five (5) persons that the applicant is
24 of good moral character;
25 f) Written proof that the applicant is over the age of eighteen (18)
years;
g) Applicant's height, weight, color of eyes and hair;
h) Two portrait photographs, at least 2" x 2" taken within six (6) months
28 of this application;
29 i) Business, occupation, or employment of the applicant for the three
years immediately preceding the date of the application;
50
j) The massage or similar business license history of the applicant;
51 whether such person, in previously' operating in this or another city
or state under license or permit, has had any such license or permit
5~ revoked or suspended; the reason therefor and the business activity
-2-
20c_
occ%pation subsequent to such action of suspension or revocation;.
k) All convictions and the reasons therefor;
1) If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in in its Articles of Incorporation, or
Charter, together with the State and date of incorporation and the
~ames and residence addresses of each of its current officers and
directors, and of each stockholder holding more than five percent (5%)
of the stock of the corporation. If the applicant is a partnership,
the application shall set" forth 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 partners is a corporation, the provisions of this sub-section
shall apply. The applicant corporation or partnership shall designate
one of its officers or general partners to act as its responsible
managing officer. Such person shall complete and sign all application
forms required of an individual applicant under this ordinance, but
only one application fee shall be charged. The applicant corporation
or partnership shall also appoint a responsible general agent residing
within the county to act on behalf of the corporation or partnership.
A change application shall be filed to change the responsible managing
officer but no additional inspection shall be necessary. The corpora-
tion's or partnership' s responsible managing officer must at all times
meet all of the requirements set for permittees by this section or the
corporation or partnership permit shall be suspended until a respon-
sible managing officer who does meet all such requirements is des-
ignated. If no such person is named within ninety (90) days, the
corporation or partnership permit is deemed canceled and a new initial.
application for permit must be filed.
m) The name and address of the Owner and Lessor of the real property upon
or in which the business is to be conducted, and a copy of the lease
or rental agreement;
n) A copy of the Conditional Use Permit issued to the applicant by the'
City of Tustin Planning Commission allowing the use of the property
for a massage establishment;
o) Such other identification and information necessary to discover the
truth of the matters hereinbefore specified as required to-be set
forth in the application;
p) Nothing contained herein shall be construed to deny to the Police
Department of the City of Tustin the right to take the fingerprints
and additional photographs of the applicant, nor shall anything
contained herein be construed to deny the right of said 'Departn~nt to
confirm the height and weight of the applicant.
Section 25-6 Facilities Necessary
No permit to conduct a massage establishment shall be issued unless an
inspection by the City of Tustin reveals that the establishment complies with
each of the following minimum requirements:
a) A recognizable and readable sign shall be posted at the main entrance,
identifying the es~?hlishment as a massage establishment, provided
that all .such signs shall cc~ply with the sign requireTents of the
City of Tustin.
b) .Minimum lighting shall be provided in accordance with the Uniform
Building Code, and in addition a light level of no less than ten (10)
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210
f~t c?~ndles skF,!! be maintained Ln public rooms, walkways, and at any
point within each rocm or enclosure where massage services are per-
a~ ~ tL~..~s .... ~ ~er~ices are bcin~ p~ovided.
E fo.~n~d, at ~
5 c) Minimum v~tilation shall be provided in accordance with the. Uniform
Building Cede.
4
d) Adequate equipnent for disinfecting and sterilizing instruments usec~
5 in performing the acts of massage shall be provided which are approve{
by the Health Department or such oth~_r department, agency, officer or
6 employee as shall be designated by the City Administrator to make
inspection for compliance with health standards.
e) Pads used o_n massage tables shall be covered in a workmanlike ~er
8 with durable, washable plastic or other waterproof material acceptable
to the Health Departmant or such other department, agency, officer or
9 employee as shall be designated by the City Administrator to nktke
inspection for ccrpliance witch health standards.
10
f) All exterior doors shall be unlocked frcm the interior side during
!1 business hours.
1~ g) In any establis~Enent in which massage services are rendered only to
members of the same sex at any-one time, such persons of the same sex
~5 may be placed in a single separate room or the operators of the
massage establishment may elect to place such persons of the same se<
1~ in separate enclosed rooms or booths having adequate ventilation to
area outside said room or booth while massage services are being
15 performed.
16 h) Adequate bathing, dressing, locker, and toilet facilities shall be
provided for patrons. A minimum of one tub or shower, one dressing
1~ rocra containing a separate locker for each patron to be served, whi~
locker shall be capable of being locked, as well as a minimum of one
18 toilet and one wash basin shall be provided by every massage estab-
lishment, provided, hc~ever, that if male and female patrons are to b
19 served simultaneously at the establishment, separate bathing, separat'
massage room or rooms, separate dressing and separate toilet faciliti--=
~0 shall be provided for male and for female patrons. In those estab-
lishments where steam rooms or sauna baths are provided, if male and
~1 female patrons are to be served simultaneously, separate steam rooms
or sauna rooms shall be provided for male and female patrons. Hot and
~ cold running water under pressure shall be provided to all wash basins
bathtubs, showers, and similar equipment. Each wash basin shall be
~ provided with soap or detergent and sanitary towels placed in permanen'
installed dispensers. A trash receptacle shall be provided in each
~4 toilet rocm.
Z5 i) _All walls, ceilings, floors, pools, sh~ers, bathtubs, steam rooms,
and all other physical facilities for the establishment must be in
~6 good repair and maintained in a clean and sanitary condition. Wet and
dry heat rocss, steam or vapor rooms, or steam or vapor cabinets,
Z7 shower counts, and toilet rooms shall be t~horoughly cleaned each
day the business is in operation. Bathtubs shall be thoroughly
~8 cleaned after each use.
~9 j) Clean and sanitary towels and linens shall be provided for each
patron of the establishment or each patron receiving massage
50 services. No ozmnon use of towels or linens shall be permitted.
Towels, sheets and linens shall be provided in 'sufficient quantity
51 shall not be used by more than one (1) person unless they have been
first relaundered. Separate closed cabinets or containers shall be
~ -provided for t~he storage of clean and soiled linen and shall be
plainly marked: "Clean Linen", "Soiled Linen".
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21-1
k) A minimum of one separate wash basin shall be provided in each massage
establishment for the use of employees of any such establishment,
which basin shall provide soap or detergent and hot and cold running
water at all. ti~es; and shall be located within or as close as prac~~c-
able to the area devoted to the performing of massage services. In
addition, there shall be provided at each wash basin sanitary ~.~els
placed in permanently installed dispensers.
1) Proof of compliance with all applicable provisions of the Tustin City
Cede shall be provided.
Section 25-7 Massage Establishment Permit Procedures
a) Any applicant for a permit pursuant to these provisions shall per-.
sonally appear at the Police Department of the City of Tustin, and preduce proof
to t2ne Police Department that the Zventy-five Dollars ($25.00) application fee ha
theretofore been paid, and thereupon. said applicant shall present to the Police
Department the application containing information described in Section 25-5.
The Chief of Police shall have a reasonable time in which to investigate the
application and the background of the applicant. Based on such investigation,
the Chief of Police, or his representative, shall render a recommendation as to
the approval or denial of the permit to the License and Permit Board.
b) The Building Official the Fire Department, the Health Departrcent or
such other department, agency, officer or employee as shall be designated by
the City Administrator to make inspectiohs for compliance with health standards
shall inspect the premises proposed to be devoted to the massage establishment,
and shall make separate recon~endations to the License and Permit Board concern-
lng compliaunce with the foregoing provisions.
c) In a~_~ition to the requirements of subsections (a) and ~b) above, the
Board shall hold a public hearing to obtain information from the general publie
before a permit for the operation of a massage establishment is issued. ' All
relevemt information so obtained shall be used by the Board in determining
whether or not. to issue a massage establishment permit. Notice of the time,
place eund purpose of the public hearing shall be given in the following manner:
(1) By at least one publication in a n~vspaper of general circulation
in the City, designated for that purpose by the City Clerk, not
less than 10 days prior to the date of the hearing;
(2) By mailing written notice not less than 10 days prior to the date
of such hearing, to the applicant, to the owner or c~mers of the
property involved and to the owners of all property within and
outside the City that is within 300 feet of the area proposed
to be the subject of the permit app!ica~ion as shown upon the
records of the City Clerk, or in the case of property outside
of the City the records of the County Assessor;
d) Record - The hearing procedure shall be recorded or seized as
tirected by the Board. When proceedings are recorded and not su~rmtrized, they
shall be transcribed at the request of any part or interested person upon the
pre-payment of a fee, as may be rec~3~red.
e) The License and Permit Board, after receiving the aforementioned and
tescribed recoPan~ndations, shall grant a permit to the establishment if all
cequirements for a massage establishment described herein are met, unless it
~ppears that the applicant has deliberately falsified the application, or unless
it appears that the record of such applicant reveals a conviction of a felony or
~ crire of moral turpitude.
f) Any person denied a permit pursuant to these provisions by.the License
and Permit Board may appeal to the City' Council within ten (10) dayos of noti-
fication of the decision, in writing, ~t~ting reasons wby the permit should be
granted. The City Council shall set a hearing within thirty (30) days of the
receipt of the appeal and notify the applicant in writing of the hearing date at
least five (5) days before the hearing. The City Council may grant or deny
and such decision shall be final upon the applicant- Also, the City
:ouncil may elect on its own motion to review any determination of the License
Lnd Permit Board granting or denying a permit.
g) All permits issued hereunder are nontransferable, provided, however,
that a change of location of a massage establishment may be permitted pursuant
to the provisions hereof.
h) A permittee under this Chapter shall obtai~ and maintain a business
license in accordance with the requirements of the Tustin City Code relative to
,usiness licenses (Chapter 13) o
Section 25-8 Massage Establishment - Operating Requirements
No person shall engage in, conduct or carry on, or permit ~o be engaged in,
:onducted or carried on, any massage establishment operation unless each and all
of the following requirements are met and upheld:
a) Each person employed or acting as a massage technician shall have a
valid permit issued by the Board. It shall be unlawful for any owner,
operator, responsible managing employee, manager or permittee in
charge of or in control of a massage establishment to employ or permit
a person to act as a massage technician, as defined in section 25-1
who is not in possession of a valid, unrevoked Massage Technician
permit issued pursuant to this Code.
b) The possession of a valid Massage Establishment permit does not
ize the possessor to perform work for which a Massage Technician
permit is required.
c) Massage operations shall be carried on, and the premises shall be
open, only between the hours of 7:00 A.M. and 12:00 midnight~
d) A list of services available and the cost of such services shall be
posted in an open and conspicuous place on the premises. The services
shall be described in readily understandable language.
e) The Massage Establishment permit, and-a copy of the permit of each and
~5 every massage technician employed in the establishment, shall be
displayed in an open and conspicuous place on the premises.
Z4
f) A change of location of any of the aforementioned and described
~5 premises may be approved by the Chief of Police and Planning Depart-
ment, provided all ordinances and regulations of the City of Tustin
Z6 are complied with and the change of location fee of Five Dollars
($5.00) is deposited with the City.
g) It shall be unlawful for any person to massage any other person., or
~8 give or administer any bath or baths, for immoral purposes, or in
manner intended to arouse, appeal to or gratify lust or passions or
~9 sexual desires. Any violation of this provision shall be deemed
grounds for the revocation of the permit granted hereunder.
50
h) It shall be the responsibility of the holder of the permit for the
51 massage establishment or the employer of any persons purporting to
act as massage technicians, to insure that each person employed as a
~ massage technician shall first have obtained a valid permit pursuant
-6-
tO this Chapter. No licensed massage technician aide may
independently practice the acts of massage, but he may, as a ~ssage
tec~-~cian aide, assist a technician in the acts constituting the
practice of massage under the '.HUn~diate personal supervision and
~c~31oyment of a liccr~ed massage tcc~nici~--n, but such aide .,n~ay assist
only while the massage technician is personally present with the
patron, and such aide may not perfon~ massage services.
Any massage technician aide shall cc~ply with the requirements of
5 Section 25-10.
6 i) The Building Official, Fire Department, Health Department or such
other department, agency, .officer or employee as shall be designated
7 by the City Administrator to make inspections for compliance with
health standards shall, from 'time to time, and at least t~lice each
8 year, make an inspection of each massage establishment in the .City of
Tustin, fo~ tl~e purpose of determining that the provisions of this
-9 Code,' the ordinances of the City of Tustin and ~he health laws of the
Sta~e of California are being met.
10
j) Every person, association, firm, or corporation operating a massage
~1~' establishment under a permit as herein provided shall keep a record of
the date and hour of each treatment, the name and address of the
~ patron, and the name of the technician administering such ~eatment.
Said record shall be open to inspection by officials charged with the
~ enforcement of these provisions for the purposes of law enforcement
and for no other purpose. The information furnished or secured. as a
~14 result of any such inspection shall be confidential. Any unauthorized
disclosure or use of such information by any officer or employee of
15 the City of Tustin shall constitute a misdemeanor and such officer or
employee shall be subject to penalties provided by law. Identical
~6 records shall be kept of treatments rendered off the busLness site,
" and, in addition, shall describe the a~_~ress where the treatment was
17 rendered. Said records shall be maintained for a period of two (2)
years.
k) No 'person licensed to do business as herein provided shall operate '
under any name or conduct his business under any desi. gnation not
specified in his permit.
Z0
Section 25-9 Massage. .Technician - Permit Required
No person shall engage in the business of acting or act .as a massage
technician unless such person holds a valid massage technician permit issued
by the Board.
a) Exemptions. This section shall not apply to the foll~qing classes of
Z4 individuals, and no permit shall be required of such persons, while
engaged in the performance of the duties of their respective pro-
~ 5 fessions:
~6 (1) Physicians, surgeons, chiropractors, osteopaths, physical
therepists or cosmotologists who are duly licensed to
Z7 pract/ce their respective professions in the State, of
'- California;
~8
~ (2) Nurses who are registered as such under the laws of the
Z9 State of California;
50 (3) Barbers and beauticians who are duly 'licensed under the law=
of the State of California; provided such massage is timite,
~1 to the head and scalp;
5Z (4) Trainers of any amateur, semi-professional athlete or
athletic team.
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2.~4
Section 25-10 Massage Technician'- Application: Contents
Each applicant for a Massage Techniciin permit shall furnish the following
information to the Board prior to the issuance of a .permit, but subsequent to
5 applicant' s having taken and passed the examination provided for in Section 2~
11:
4
a) California driver's license number;
b) Social Security number;
6
C) The full name and present residence address of the applicant;
d) Each residence and business address of applicant for the three (3)
-8 years immediately preceding the date of the application, and the
inclusive dates of each such address;
e) Written statements of at least five (5) persons that the applicant is
l0 of good moral character;
11 f) Written proof that the applicant iS at least eighteen (18) years of
age;
g) Applicant's height, weight, color of eyes and hair;
h) Two (2) portrait photogL'aphs of applicant, of at least 2" x 2", taken
14 within the six (6) months immediately preceding the date of the
application;
15
i) App!ic~nt's business, occt~Dation and ~mployment history for the thr
16 (3) years immediately preceding the date of application;
17 j) The permit history of the applicant; whether applicant has ever had
any license or permit issued by any agency or board, City, County or
18 State revoked or suspended, or has had any professional or vocational'-
license or permit revoked or suspended, and the reason therefor;
19
k) A certificate frem a medical doctor, licensed to practice in ~he State
20 of California, issued within thirty (30) days, that certifies that
applicant has been'examined and had no ccmnunicable disease on the
21 date of the examination.
2Z 1) Applicant must furnish a diploma or certificate of graduation from a
recognized school or other institution of learniPs3. wherein the method,
25 profession and work of massage technicians is taught. The term
"recognized school" shall mean end include any school or institution
24 of learning which has for its purpose the teaching of the theory,
method, profession or work of massage technicians, which school
25 reckfires a resident course of study of not less than six (6) calendar
months totaling at least 1,000 hours before the student shall be
26 furnished with a diploma or certificate of graduation from such school
or institution of learning shc~ing the successful completion of such
27 course of study or learning. If the State Legislature enacts leg-
_ ._ islation relative to the standards and licensing of such schools,
~8 those standards and licensing requirements shall be incorporated ir
this section to determine what constitutes a "recognized school".
~9
Schools offering correspondence courses not requiring actual attendant
~0 of class shall not be deemed a "recognized school". The Ci~.of
Tustin shall have a right to confirm the fact that the applicant has
51 actually attended classes in a recognized school for the aforem~tion~
minimum time periods.
5Z
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In the alternative an applicant must have served a three year ap-
prenticeship under a qualified licensed massage technician, or must
have accumulated !000 hours of practical massage study credits or the
equivalent, attending seminars and workshops under the supervision of
a licensed massage technician. The C~ty of Tustin shall have the
right to confirm the fact that the applicant has actually artended
classes, seminars, or workshops, or completed three years of appren-
ticeship training.
m) Such other identification and information as may be required by the
Board.
Section 25-11 Massage Technician: Testin~
Upon application for a Massage Technician permit, and after applicant has
paid the required fee'and furnished the required information, each applicant
shall prior to issuance of a permit, take and pass an examination of quali-
fications within ninety (90) days preceding the date of issuance of the Massage
Technician permit:
a) The examination required by this Section shall, in the judgment of
the Board, be such as to fairly determine the ability of the applicant
to properly perform the work which the applicant would be au[horized
to do by the permit applied foE, and shall cover the following sub-
jects: anatomy, physiology, hygiene and the practice and theory of
massage as massage is defined in this Code.
b) The examination shall include both a practical demonstration and a
written test. It shall be.consistent in both practical and technical
requirements.
c) In the grading of the examination, practical demonstrations shall
prevail over written tests, that is, a greater number of credits shall
be allowed on practical demonstrations than on written tests.
d) The+written tests shall test the'competency and ability of the appli-
cant to engage in the practice of massage. The examination shall
require the applicant to demonstrate a basic knowledge'of anatomy,
physiology, hygiene and manual and mechanical massage.
e) The examination may be conducted or supervised by the License and
Permit Board, and at their direction, the practical examination shall
be given by American Massage and Therapy Association or California
Massage Technicians Association certified instructors or examiners, or
American Massage and Therapy Association Registered Massage Therapists.
f) The Board shall establish standards and procedures governing the
administration and grading of all examinations and shall exercise such
supervision as may be necessary to assure compliance therewith.
g) Every applicant who fails to pass an examination shall not be eligible
for another examination until four weeks after taking the previous
examination. Any applicant who fails to pass upon the third trial
shall not be again eligible until six (6) months thereafter.
h) The examination shall be given at regular time intervals to be de-
termined by the Board.
Section 25-12 Massage'T~chnician: Annual Medical Certificate
Each massage technician shall annually,-prior to the time of renewal of
his or her permit supply the Board with a new medical certificate required by
Section 25-10 of t~is Chapter.
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Section 25-13 Off-Premises Massage Technicians - Permit Required
No person shall engage in the business-of acting, or.act as an Off-Premises
Massage Technician unless such person holds a valid Massage Technician Permit
issued by the Board endorsed for off-premises work:
a) A Massage Technician's Permit shall be endorsed by the Board for off~'~'
premises work upon application by the permittee if the following
conditions exist:
(1) The permit is valid and there are no'pending proceedings for' its
revocation or suspension~
(2) The applicant pays.a fee of Five Dollars ($5.00);
b) Operating Requirements. No person holding an Off-Premises Massage
Technidian Permit shall perform ~ny massage services as defined in
Section 25-1 of this Chapter in any hotel, motel or other commercial
establishment other than a premises holding a valid Massage Estab-
lishment Permit or office occupied by the customer.
(1) Each Off-Premises Massage Technician permittee shall display such
permit to any customer who so requests.
(2) Upon any change of employe~s, the permittee shall inform the
Board in writing within ten (10) days of such change.
Section 25-14 Massage Technician: Permit Procedure
a) Any applicant for a permit pursuant to these provisions shall per-
sonally appear at the Police Department of the City of Tustin and produce proo~--
to the Police Department that the application fee of Five Dollars ($5.00) in
Section 25-4 has theretofore been paid, and thereupon said applicant shall
present to the Police Department the application containing information. described
]iin Section 25-10. ~The Chief 0f Police shall have a reasonable' time in which to
investigate the application and the background of the applicant. Based upon
such investigation, the Chief of Police, or his representative, shall render a
,recommendation as to the approval or denial of the permit to the License and
~Permit Board.
b) The License and Permit Board, after receiving the aforementioned and
described recommendations, shall grant a permit to the applicant if all re-
quirements described herein are met, unless it appears that the applicant has
deliberately falsified the application, or unless it appears that the record of
such applicant reveals< a conviction of a felony or a crime of moral turpitude.
c) Any person denied a permit pursuant to these provisions by the License
and Permit Board may appeal to the City Council within ten (10) days of noti-
fication of the decision, in writing, stating reasons why the permit should be
granted. The City Council shall set a hearing within thirty (30) days of the
receipt of the appeal and notify the applicant in writing of the hearing date at
least five (5) days before the hearing. The City Council may grant or deny the
~ermit and such decision shall be final upon the applicant. Also, the City
:ouncil may elect, on its own motion, to review any determination of the License
~nd Permit Board granting or denying a permit.
d) All permits issued hereunder are nontransferable,
e) The permittee under this Chapter shall obtain and maintain a business
license in accordance with the requirements of the Tustin City Code relative
31 usiness licenses (Chapter 13).
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Section 25-!5' Revocation and S..u.._.s~ension of Permit
~ a) ~o pez~it shall be r-~vckcd ,,~ntil 'after a hearjn~ shall have been held
before the City Council to determine just cause for such ~evocation; provided,
5 however, that the City ~ministrator n~y order-any permits suspended pending
such hearing, and it shall be unlawful for any person to carry on the business
"' 4 of a massage technician or to operate as a massage establishn~nt depending upon
the particular type of permit which has been suspended, until the suspended
5 permit has been reinstated by the City Council, Notice of such hearing shall be
glven in writing and served at least five (5) days prior to the date of the
6 hearing thereon. The notice shall state the ground of the complaint against t~he
holder of such permit, or against the business carried on by the permittee at
7 the massage establishment, and shall state the time and'place where such hearing
will be had.
8
b) Said notice shall be served upon the permit .holder by delivering the
· 9 same to such person or by leaving such notice at the place of business or
residence of tt~e permit holder in the custody of a person of suit_able age and
10 discretion. In the event the permit holder cannot be found, and t~he service of
such notice cannot be made in the manner herein provided, a copy of such notice
~ shall be mailed, postage fully prepaid, addressed to the permit holder at his
place of business or residence at least five' (5) days prior to the date of such
hearing.
Section 25-16 Sale or Transfer
~4 Upon the sale or transfer of any interest in a massage establis.hme. nt, the
permit and license shall be null and void. A new application shall be made by
15 any person, firm, or entity desiring' to own or operate the massage establis~t.
A fee of Five Dollars ($5.00) shall be payable for each such application in-
- 16 volving sale or other transfer of any interest in an existing massage establishm~
The provisions of Sections 25-4 and 25-5 shall apply to any person, firm, or
~ entity applying for a massage establishment permit for premises previously used
as such establishment.
~8
Any such sale or transfer of any interest in an existing massage estah-
~9 lishmant or any application for an extension or expansion of th~ building or
other place of business of the massage establishment shall require inspection
~0 eund shall require ccrnpliance with Section 25-6 of this Chapter.
Section 25-18 Violation and Penalty_
a) Every person, except those persons who are specifically exempted by-
this Chapter, whether acting as an individual, owner, employee of the owner,
. Z5 operator or employee of the operator, or whether acting as a mere helper for the
owner, entoloyee, or operator, or whether .acting as a participant or worker in
~4 any way, who gives or administers, or who practices the giving or administration
of steam baths, electric light baths, electric tub baths, shower baths, sponge
~5 baths, vapor baths, fcmentation, sun baths, mineral baths, alcohol rubs, Russian
Swedish or Turkish baths, or aLny other type of baths, salt glows or any type of
Z6 therapy or who does or practices any of the other things or acts mentioned in
this Chapter without first obtaining a permit and paying for a license to do so
Z7 from the City, or shall violate any provision of this Chapter, shall be guilty
of a misdemeanor.
--- S8
b) Any owner, operator, manager, or permittee in charge or in control of
~9 a massage establishment who knowingly employes a person performing as a massage
technician as defined in this Chapter who is not in possession of a valid permit
50 or who allows such an employee to perform, operate, or practice within such a
place of bus'iness is guilty of a misdemeanor.
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1 c) Any massage establishment operated, conducted, or maintained contrary
tn t.be Drnvisions of this Chapter shall be and the same. is hereby declared to be
E unlawful and a public nuisance, and the City Attorney may, in addition to or in
lieu of prosecuting a criminal action hereunder, ~ce an action or actions,
5 proceeding or proceedings, for the abatement,
Section 25-18 Applicability of .Regulations To Existing Businesses
5 The provisions of this Chapter shall be applicable to all persons and
businesses described herein, whether the hereindescribed activities 'were establis
6 before or after the effective date of this ordinance.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Tustin, California, held on the 6th day of December, 1976.
::[5
:t.6
18
~0
25
~,6
28 "
sl
STATE OF C2~L I'~On~'v~ ~
· . ~.~,~
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk-of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of members of the City Council
of the City of Tustin is five; that the above and foregoing
Ordinance No. 700 was duly and regularly introduced and
read at a regua~/'E~'meeting of the City Council Held on the -
llth day'of November , 1976 and was given its second
reading and duly passed and adopted at a regular meeting
held on the 6th day of December 1976, by the
following vote:
AYES: COUNCILMEN: EDGAR, SHARP ~ SALTARELLI ~ WELSH ~ SCHUSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILbIEN: NONE
City Cierk,~o-ity of Tustin, California