Loading...
HomeMy WebLinkAboutORD 490 (1970) t ORDINANCE NO. 490 2 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA ADDING CHAPTER 25 TO THE TUSTIN CITY CODE REGU- -- z LATING, BATHS, SAUNA BATHS AND MASSAGE PARLORS. ~ ~ The City Council of the City of Tustin, California, 5 does hereby ordain as follows: 6 Chapter 25 is hereby added to the Tustin City Code to g read as follows: 8 Chapter 25 Baths, Sauna Baths and Massage Parlors 9 Section 25-1 Definitions. I0 For the purpose of the provisions regulating baths~ sauna baths~ massage parlors and similar businesses hereinafter li set forth, the following words and phrases shall be construed to have the meanings heroin set forth, unless it is apparent from !2 the context that a different meaning is intended: !3 a) MASSAGE A method of treating the external 14 parts of the 'body for remedial or hygienic purposes~ consisting rubbing, stroking~ kneading~ or ~-' i5~1 tapping with the hand or any instru- e! mont. · I' b) ~SSAGE An establishment having a fixed 17 ESTABLISHMENT place of business where any person, association, firm~ or corporation ISii engages in~ conducts or carries on, ~o~; or permits to be engaged in, con- ~ dueted or carried on, any business of giving Turkish, Russian, Swedish, 20~! vapor~ sweat~ etectric~ salt, mag- netic, or any other kind or char- 2! actor of baths, where alcohol rub~ fomentation, baths, manipulation of 22 -the body or similar procedures are ~3' ~' given. c) ~SSAGE Any person, male or fema!e~ who 24 TECHNICIAN or administers to another oerson, for TECHNICIANS 'any form of consideration, a massage~ ~ 25 alcohol rub~ fomentation, bath, electric or magnetic massage pro- ~'~" 26 cedure, manipulation of the body, o~ other similar procedure. 27 " Section 25-2 Permit Required. 28 It shall be unlawful for any person, association, firm~ 29 or corporation~ to engage in, conduct, or carry on, or to pemit to be engaged in, conducted, or carried onl, in or u~on any premises 30 within the City of Tustin, the business of a massage estab!ishment~ or to render, or permit to be rendered, massage services at a !oca~ 31 cation removed from a massage establishment within the City of Tustin, in the absence of a permit issued pursuant ~o the 32 heroinafter set forth. SANTA ANA. CALIF. !i ! l! Section 25-3 Exceptions. ~1: The requirements of Section 25-1 et seq. shall have no application and no effect upon ~nd shall not be construed as 5 applying to any oersons designated as follows: Physician, surgeon chiropractor, osteopath, or any nurse working under the su~ervL 4 of a physician surgeon~ chiropractor or osteopath, duly licens. to practice their respective professions in the State of Ca!ifc-_.~ 5 nor shall the reouirements of Section 25-1 et seq. apply to any treatment advmin~stered in good faith in the course of the oracticei 6 of any healing art or profession by any 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 StaLe. Practical nurses or other persons without special qualifications as 8 massage technicians~ or other persons not otherwise licensed by State of Canifornia to practice pursuant to the Medical Practice I Act, whethe~ employed by physicians, surgeons, chirooracLors,'or 9 1! osteopaths or not~-may not give massages or massage procedures. m0i i! Section 25-~ Application: Fee -~,, Any person desiring to obtain a oermit to operate ~'~ a massage establishment or to perform massage services sha~i make ~ application to the License and Permit Board on forms supplied ~.y ~a .the City~ together with ~n aoplication fee of Twenty-five Dollars ].z~ ($25.00) and Five Dollars ($~.O0)for each massage technician. t5 Section 25-5 Application: Contents. ~,, Any applicant for a permit shall submit the'fo!io: information: 17 !8 a) The full name and present address of applicant; 19[ b) The two (2) previous addresses immediately prior !i to the present address of applicant; ~0 c) Written statements of at least five (5) oersons ~! that the applicant is of good moral character' S~ d) Written proof that the applicant is over the a~ of eighteen (18) years; e) Applicant~s height, weight~ color of eyes and hal: ~ f) Two portrait photographs,. at least 2" x 25 g) Business, occupation, or employment of the appli- cant for the three (3) years i~ediate!y preced- e6 ing the date of the application; ~7 h) The massage or similar business license historf~ of the app!icant~ whether such person, in ore-- ~8 ~ viously operating in this or another city or state under iicense~ has had any such license 29 revoked or suspended~ the reason therefor and the business activity or occupation subsequent 30 to such action of suspension or revocation. i) All convictions and the reasons therefor; ! ~! J) A certificate from a medical d ~stating that the applicant 'has, within thirty days immediatel, 2 prior thereto, been examined and found to be freZ of any contagious or communicable dlsease~ 3 '"' k) Asciicant must furnish a diploma ;r certificate 4i of graduation fro~ a recognized school or other i institution of learning wherein the method~ pro- 5 lession and work of massage technicians is tau~t The term "recognized school" shall mean and In- '~ 6 clude any school or institution of learning which has for its purpose the teaching of the theory~ V method~ profession or work of massage tec.hnicians which school requires a resident course of study 8 of not less than two hundred f~00) hours to be given in not less that three ) calendar months 9 before the stude~t shall be furnished with a diploma or certificate of graduation from such i0 school or institution of !earn~n~ showing the successful completion of such course of study or llli learning. , 12!! Schools offering correspondence courses not - requiring actual attendance of class shall not be !3. deemed a "recognized school" The City of Tustin · -shall have a right to confirm the fast that the 14 applicant has actually attended classes in a reco~ nized school for aforementioned minimum time 15~ periods I · iGi Z) Such other identification and inform. ation neces- sary to discover the truth of the matters heroin- 17 before specified as required to be set forth in ' the application. i8 m) Nothing contained heroin shall be construed to ~9 deny to the Police Department of the City of I~ Tustin. the right to take the fingerprints and ~0 additional photographs of the applicant, nor shale anything contained heroin be construed to deny thS 2t right of said department to confirm the height and weight of the applicant. 22 23 Section 25-6 Facilities Necessary 24 No permit to conduct a massage establishment shall be issued unless an inspection ~y the City of Tustin reveals that 25 the establishment complies with each of the following minimum requirements: a) A recognizable and readable sign shall be posted 27 at the main entrance, identifying the establish- _ merit as a massage est'ab!ishment, orovided th~ ~8 all such signs shall comply with the sign require-i ments of the City of Tustin. 29 b). Y~nimum lighting shall be provided in accordance 30 with the Uniform Building Code, and, in ad~ition~ at least one arti~ficial light of no~ less than 40 3i watts shall be provided in each enclosed room or booth where massage services are being performed 32 on a patron. !i! c) Minimum ventilation shall 'be provided in accordance with the Uniform Building Code. d) Adeouate equipment for disinfecting and sterilizing! Z instruments used in performing the acts of massage shall be provided. e) Hot and cold running water shall be provided az 5 times. 8 f) Closed cabinets shall be provided which cabinets shall be utilized for the storage of clean linen. g) In any establishment in which massage services are 8 rendered only to members of the same sex at any one i~ time~ such persons of the same sex may be o!aced in 9 a single separate room or the operators of the massage establishment may elect to place such per- I0 sons of the same sex in separate enclosed rcoms or , booths having adequate ventilation to an area out- i! side said room or booth while massage services are being performed. h) Adequate bathing, dressing, locker, and ~oiiet faci 13 lities shall be orovided for patrons. A minim'~m of one tub or shower, one dressing room containing a i~i separate locker for each patron to be served, which locker shall be capable of being locked, as well as !~ ....... a minimum of one toilet and one wash basin shall be ,. provided by every massage estabiishment~ ~rovide'~ .' however, that if male and female ~atrons are =~ !6i! served simultaneously at the establishment, ~ bathing, separate massage room or rooms, seoara ~ dressing and separate toilet facilities shall be 18 provided for male and for female 'patrons. 19 I\ i) All walls, ceilings, floors~ pools, showers~ bath \ tubs~ steam rooms, and all other physical facilitie \ for the establishment must be in good repair and 20 .... ~ maintained in a clean and sanitary.condition. Wet 2! ~and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet roomashail be thoroughly cleaned each day the busi 22 hess is in operation, Bath tubs shall be thoroughi: 23 cleaned after each use. ~: j) Clean and sanitary towels and linens shall be pro- 24; vided for each patron of the establisb~.ent or each ! ' patron receiving massage services. No co~on use 25 of towels or linens shall be permitted. 26 !' k) A minimum of one separate wash basin shall be oro- vlded in each massage establishment~for the use of 27 ~] employees of any such establishment,'which basin shall provide soap or detergent and hot and cold~ 28 running water at all times, and shall be located 29 ii within or as close as practicable to the area' devoted to the performing of massage services. addition, there shall be. provided at each wash basi 30 sanitary towels placed in permanently installed dis 31 ~ensers. 1) Proof of compliance with all applicable provisions 52 of the Tustin City Code shall be provided. i ~];~ Section 25-7 Permit Procedu/es. 2 Any applicant for a permit pursuant to these provi.- sions shall personally appear at the POlice Departme~:% of the City 3 of Tustin, and produce proof to the Police Department that the ,-~ Dollar ($5.00) application fee has theretofore been paid, and there 4 upon said applicant shall present to the Police Department the application containing the aforementioned and described informatior 5 The Chief of Police shall have a reasonable time in which'to inves- tigate the application and the background of the applicant. Based 6 on such investigation, the Chief of Police, or his representative, shall render a recommendation as to the approval or ~eniai of the 7 permit to the License and Permit Board. 8 The Department of Building and Safety~ the Fire Depart ment, and the Health Department shall inspect the premises proposed 9 to be devoted to the massage establisb_ment, and shall mske separate recommendations to the License and Permit Board concerning comolian i0 with the foregoing provisions. !! The License and-Permit Board, after receiving the !~ aforementioned and described reconmendations, shall grant a pemlt 12 ~ to the establishment if all requirements for a massage estab!islmmen~ i described heroin are met and shall issue a permit to all persons 13 who have applied to perform massage services, unless it appears that any such person has deliberately falsified the application, !4~ or unless it appears that the record of such person reveals a con- viction of a felony or a crime of moral turpiture. i Any person denied a permit pursuant to these orovisions ~' 16 by the License and Permit Board~ may appeal to the City Council in writing, stating reasons why the permit should be granted. The 17 City Council may grant or deny the permit and such decision shall I~ be final upon the applicant. Also, the City Council .may elect on 18 its own motion to review any determination of the License and Permit ,, Board granting or denying a permit. 19 All permits issued hereunder are nontransferable, 20~ vided, howeMet, that a change of location of a massage establish- ' menz may be permitted pursuant to the provisions hereof .~2~! A !icOnsee under this Chapter shall obtain and maintain "a business license in accordance with the requirements of the Tuntin City Code relative to business licenses (Chapter 13) · Section 25-8 Display of ~Permit Every person, association, firm, or corporation to whom or for which a permit shallhave.been granted shall display said permit in a conspicuous place, so that the same may be readily seen by persons entering the premises where the massage, bath, or treatment is given. --- 28 Section 25-9 Change of Location. 29 A change of location of any of the aforementioned'and t described premises may be approved by the Chief of Police and Plan'- 30 ning Department, provided all ordinances and regulations of the Ci:Y 3 !~ of:Tustin are complied with and the change of location fee of Five ~ Dollars ($5.00) is deposited with the City. 32 ~ou~ & HOL~OOK ! Section 25-10 Unlawful Activities. 2 It shall be unlawful for any person to massage any ~other person, or give or administer any bath or baths, or to give 3 or administer any of the other things mentioned in this Chapter immoral purposes~ or in a manner intended to arouse, appeal to 4 gratify lust or passions or sexual desires. Any violation of t~ provision shall be deemed grounds for the revocation of the per~n. 5 granted hereunder. 6 Section 25-11 E~ployees. it shall be the responsibility of the holder of the permit for the massage establis.hment or the employer of any oersons 8 purporting to act as massage technicians, to insure that each perso~ employed as a massage technician shall first have obtained a valid 9 permit pursuant to this Chapter. No registered massage technician. aide may independently practice the acts of massage, but he may, as I0 a massage technician aide~ assist a technician in the acts constitu- ting the practice of massage under the i~mediate personal su~ervi- Ii sion and employment of a registered massage technician, but such aide may assist only while the massage technician is personally !2 present with the patron~ and such aide may not perfona massage ser- vices. Any massage technician aide shall comply with the ].~ requirements of Section 25-5. Section 25-12 Inspection. !6 The Departments of Building and Safety, Fire i;Health sha!l~ from time to time and at least twice each year, ma~ i?i an insDection of each massage establishment in the City of Tus-~-nI~ for th~ purpose of determining that the provisions of this C~ .... ~ are iS met. 19 Section 25-13. Records of Treatments. 20 Every person~ association, firm, or corporation opera ring a massage establisi~ment under a permit as heroin provided ~shal 2 ~ l;keep a record of the date and hour of each treatment, the na~-e and 'iaddress of the patron~ and the name of the technician adminis'a~-~n~r~Z 22Isuch treatment. Said record shall be open.to inspection by offi- i~cials charged with the enforcement of these orovisions for the put- 23 ~poses of law enforcement and for no other purpose. The information Ifurnished or secured as a result of any such inspection shall be' 2a confidential. Any unauthorized disclosure or use of such info'rma- :tion by any officer or employee of the City of Tustin shall consti- 25~tute a misdemeanor and such officer or employee shall be subject :the penalty provisions of this ordinance, in ~ddition to any .other' P ' shall descr 26 penalties rovided by law. Identical records shall be kept of trea ments rendered off the business site~ and, in addition, the treatment was rendered. Said records shall b ;!the address where 27 ~maintained for a period of two (2) years. 28 Section 25-1~. Name of Business. 29 No person licensed to do business as heroin provided 30 shall operate under any name or conduct his business under any designation not specified in his permit. 31 32 ! ~ Section 25-15o Revocation and Susoe of Permit E No permit shall be revoked until after a hearing shall have been held before the City Council to determine just cause for 3 such revocation~ provided, however, that the City Administrator may order any permits suspended pending such hearing, and it shall be 4 unlawful for any person to carry on the business of a massage technician or to operate as a massage establishment depending upon .5 the particular type of permit which has been suspended~ until the suspended permit has been reinstated by the City Council. Notice 8 of such hearing shall be given in writing and served az least five (5) days prior to the date of the hearing thereon. The notice 7 shall state the ground of the complaint against the holder of such permit~ orlagains~ the business carried on by the permittee at the 8 massage establishment, and shall state the time and place where such hearing will be had. 9 Said .notice shall be served upon the permit holder 10 delivering the same to such person or by leaving such notice at the ii place of business or residence of the permit holder in the custody 'of a person of suitable age and discretion. In the event the permit~ iho!der cannot be found> and the service of such not'ice cannot be !2 ~made in the manner heroin 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 !3[date of such hearing. Section 25-16 Sale or Transfer. i5~ ~'" t~establisb~ent~.Upon the sale or transfer of any interest in a massage 16 the permit and license shall be null and void. A new application shall be made by any person, firm, .or entity desir- 1V ing to ovm or operate the massage establishment. A fee of Five Dollars ($5.00) shall be payable for each such application involving i8 sale or other transfer of any interest in an existing massage es~ab- I;lishment. The provisions of Section 2~-4 and 2 - p m~t for premises previously used as such establishmen[. 20 Any such sale or transfer of any interest in an exis~- 21 ing massage establishment or any application for an extension or expansion of the building or other place of business of the massage 22 astab!ishment shall require inspection and shall resuire compliance with Section25-6 of this Chapter. 23 Section 25-17 Applicability of regulations to exist- 24 ing businesses. 25 ~he provisions of this Chapter shall be applicable to all persons and businesses described herein, whether the heroin 25 described activities were established before or after the effective date of this ordinance. 27 --~ Section 25-18 Violation and Penalty. ~ 28 ~ (a) Every person, except those persons who are speci- 29 fica!!y exempted by this Chapter, whether acting as an individua!~ owner~ employee of the owner~ operator or employee of the operator~ 30 or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way~ 31 who gives massages or conducts a massage estab!isbnent or room~ who gives or administers~ or who practices the giving or administef~ ~inS Of steam baths, electric light baths, electric tub baths~ sho:,;~~ 3~ II bas' ~ns sponge baths, vapor baths fomentation, sun baths baths~ alcohol rubs, Russian, Swedish or Turkish baths, or any othe: type of baths,. salt glows or any type of 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 so to do from the City, or shall violate any provision of this Chapter, shall. be gui!.ty of a misdemeanor. (b) Any owner~ operator, manager, or permittee charge or in control of a massage establishment who knowingly olo~rs a person performing as a massage technician as defined in this Chapter who is not in possession of a valid permit or who allows such an employee to perform~ operate or practice within such a place of business is guilty of a misdemeanor. (c) Any massage establls~ent operated~ conducted~ maintained contrary to the provisions of this Chapter shall be the same is hereby declared to be Unlawful and a public nuisance~ and the City Attorney may~ in addition to or in lieu of ~rosecuting a criminal action hereunder~ comence an action or actio~s~ oroceed- im~ or proceedings~ for the abatement~ removal and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdic- tion to grant such relief as will abate or remove such nnassage establishments and restrain and enjoin any person~ from operating, conducting or maintaining a massage estab!is~ent contrary to the ~!provisions of this Chapter. PASSED AND ~0~B at a regular meeting of the City Council of the City of Tustin, California, held on the 16th day of November, 1970. jGR: rg ~-i9-70 10-2-70 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the ~ity Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regularly introduced and read at a regular meeting cf the City Council held cn the 9ha day of N~v~mber , 1970, and was given its second reading and duly passed and adopted at a regular meeting held on the ~day of ~v~mhe~ . , 1970 , by the following vote: AYES: COUNCILMEN: COCO . _C. MILLER. MARSTERSe. L. MILLER° OSTER NOES: COUNCIIMEN .. NONE ABSENT: COUNCILMEN: NONE ~rfn i~staia~ ,