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HomeMy WebLinkAboutOrdinance No. 2297 ORDINANCE NO. 2297 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 8 .08 OF THE AZUSA MUNICIPAL CODE RELATING TO MASSAGE PARLORS AND RELATED BUSINESSES THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 8. 08 of the Azusa Municipal Code is hereby repealed in its entirety. SECTION 2 . Chapter 8. 08 is hereby added to the Azusa Municipal Code to read as follows: 8. 08 MASSAGE PARLORS. 8. 08 . 010 Definitions. Unless the context or subject matter clearly indicates that a different meaning is intended, the words set forth below shall have the following meanings when used in this chapter. A. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, manipulating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or other appliance or device with or without such supplementary aids such as rubbing alcohol, linament, antiseptic, oil, powder, cream, lotion, ointment, or similar preparations. B. "Massage Business" means the activity or providing for any form of consideration or gratuity, facilities for massage, accupressure, the administration of fomeni:ations, electric or magnetic 'treatment, or any other form of treating or manipulating the human body. C. "Off-Premises Massage Business" means the activity of providing massage services or massage facilities as defined herein, at a location other than premises licensed by a permit from the City Council. D. "Massage Technician" means any person who, for any form of consideration whatsoever, gives or administers to another person a massage as defined in this chapter. E. "Off-Premises Massage Technician" means a massage technician who gives a massage at a location other than the premises licensed by a permit from the City Council. F. "Permit" in the case of a massage business or off-premise massage business, means the permit required by this chapter to be obtained from the City Council. In the case of a massage technician or off-premise massage technician, "permit" means the permit required by this chapter to be obtained from the Chief of Police. G. "Health Department" means the Department of Health Services of the County of Los Angeles. H. "Bath" means the activity of providing facilities for steam baths, electric light baths, electric cup baths, shower baths, sponge 1 baths, sun baths, mineral baths, Russian, Swedish, or Turkish baths, any form of public bathing which has, in connection with it, a steam room, dry heat room, plunge, shower bath, or sleeping accommodations, or any other type of bath for treatment of the human body. I. "Recognized School of Massage" means any school or institution of learning which has been approved by the Superintendent of Public Instruction of this state pursuant to Educational Code Section 94300 et seq. and California Administrative Code, Title 5, Section 18823 et seq. or any successor statute or regulation. Any school or institution of learning offering or allowing courses of a massage technician not approved by the Superintendent of Public Instruction shall not be deemed a recognized school of massage. 8 . 08 . 020 Message Business - Permit Required. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premise within the city of Azusa, the operation of a massage business without a permit duly issued by the City Council pursuant to this chapter for each business location. The required permit shall be in addition to any other license or permit required by this code. 8 . 08 . 030 Applications. Applications for a massage business permit shall be made upon a form provided by the city and shall include or be accompanied by the following information: A. Each residence and business address of the applicant for the three years immediately preceding the date of the application. B. Written proof that the applicant is at least 18 years of age. C. The applicant's height, weight, color of eyes and hair, and fingerprints. D. Three color photographs of the applicant taken not more than six months preceding the date of the application. E. The applicant' s business, occupation, and employment history for the three years immediately preceding the date of the application. F. The permit history of the applicant, including whether he or she ever had any license or permit issued by any agency, board, city, or state revoked or suspended, or had any professional or vocational license or permit revoked or suspended, and if so, the reasons therefor. G. The name and address of the lessor of the property upon or in which the massage business is to be conducted, and a copy of any lease or rental agreement. H. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with a state and date of incorporation, and the name and residence address of each current officer and director, and each stockholder holding more than five percent of the stock of the corporation. If the 2 applicant is a partnership, the application shall set forth the name and residence address of each partner, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants 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 chapter, but only one applicant fee shall be charged. The responsible managing officer must at all times meet all the requirements set for permittees under this chapter. If a responsible managing officer ceases to be employed by or associated with the corporation or partnership, and no new respon- sible managing officer is named within 90 days, the corporation's or partnership's permit shall be deemed cancelled, and a new permit applica- tion must be filed. I. Upon the filing of the application, the Chief of Police shall notify the Health Department and shall request that an inspection be made of the premises sought to be licensed to ascertain if the premises are in compliance with all applicable health laws. The costs of such inspection, if any, shall be borne by the appli- cant. The application shall not be deemed com- plete until the written proof of compliance is obtained from the Health Department. If such written proof is not obtained within 90 days of the date of the filing of the application, the application shall be deemed withdrawn, and a new application must be filed. • J. Upon the filing of the application, the Chief of Police shall investigate and ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owners, partners, officers, managers, employees, or other persons to be in charge of the premises are reputed to be persons , of good moral character. He shall also ascertain whether or not any of such persons have been convicted of a felony or any crime involving fraud, embezzlement, or moral turpi- tude, including all offenses listed in Penal Code Section 290, any section or subsection of Penal Code 311 through 311.9, Penal Code 314 through 318, and subsections (a) , (b) , (c) , or (d) of Penal Code 647, or any offense involving prostitution, lewd conduct, or any offense resulting from a reduction of the aforementioned offenses. The Chief of Police may require fingerprints to be taken of the applicant and any other person referred to in this chapter. The Chief of Police shall make a report of his findings to the City Council together with his recommendations, if any. K. Such other identification or other information as may be required by the City Administrator, the Chief of Police, or the City Council. L. A statement that the applicant has received and read a copy of this chapter. 3 8 . 08 . 040 Massage Business - Operating Requirements. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage business unless each and all of the following 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, operator, responsible managing officer, manager, or permittee in charge of or in control of a massage business to employ or permit a person to act as a massage technician, as defined in this chapter, who is not in possession of a valid massage technician permit. B. The possession of a massage business permit does not authorize the possessor to perform work for which a massage technician permit is required. C. Massage businesses shall be open only between the hours of 7 a.m. and 10 p.m. The massage establishment permittee shall not allow the premises to be kept open for business, and no permittee shall administer any massage or bath service between the hours of 10 p.m. of one day and 7 a.m. of the following day. D. A list of services available and the costs of such services shall be posted in an open and conspicuous place on the premises in one-half inch or larger letters. The services shall be described in the English language, and no massage or bath service shall be offered, solicited, administered, or charged for other than those posted. E. The massage business permit and a copy of the permit of every massage technician employed on the premises shall be displayed in an open and conspicuous place and shall include a current photograph of the permittee. F. Every permittee operating a massage business under a permit issued pursuant to this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, the name of the employee administering the treatment, and the type of treatment administered. Such records shall be open to inspection by the Health Department and the Police Department. The information furnished or secured as a result of such records shall be confidential. Such records shall be maintained for a period of one year. G. The permittee shall request the Health Depart- ment from time to time, and at least once per year, to make an inspection of the premises for the purpose of determining that the premises are being operated in accordance with the laws and ordinances of the State of California, the County of Los Angeles, and the City of Azusa. H. A minimum of one tub or shower and one toilet and wash basin shall be provided for patrons in every massage business location. However, if male and female patrons are to be served simultaneously at the premises, separate toilet facilities shall be provided for male and female patrons. In those establishments where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, 4 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 permanently-installed dispensers. A trash receptacle shall be provided in each toilet room. In addition to the wash basin provided to patrons, a minimum of one separate wash basin shall be provided for each massage establishment which shall be located within or as close as practicable to the area devoted to the performing of massage services. I. Minimum ventilation shall be provided in accordance with the building regulations of the city of Azusa. A light level of no less than 10 foot candles shall be maintained in public rooms, walkways, and at any point within each room or enclosure where massage services are performed at all times that services are being provided. J. All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam or vapor rooms, tables, and all physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, showers, com- partments, and toilet rooms shall be thoroughly cleaned at least once each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. K. Clean and sanitary towels, sheets, and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels, sheets, or linens shall be permitted. Towels, sheets, and linens shall be provided in sufficient quantity and shall not be used by more than one person unless they have first been relaundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each person, then discarded into a sanitary .- receptacle. Separately-closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen. " L. Disinfecting agents and sterilizing equipment approved by the Health Department shall be provided for any instruments used in performing massage. No massage technician shall administer any massage with instruments that have not been disinfected and sterilized after the previous use. M. Pads used on massage tables shall be covered in a durable, washable, plastic or other waterproof material acceptable to the Health Department. N. An all-exterior door shall be unlocked from the interior side during business hours. 0. A separate locker, capable of being locked, shall be provided at no extra charge for each patron served. 5 P. No person shall enter, be, or remain in, any part of the premises of a massage business while in the possession of, consuming, or using any alcoholic beverage or controlled substance. The owner, operator, responsible managing officer, manager, or permittee shall not permit any such person to enter or remain upon the premises. Q. No massage business shall operate as a school of massage, nor operate in the same location, nor use the same facilities as a school of massage, except as otherwise may be permitted by law. It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage only upon a bona fide employee or student of the school. R. No permittee shall, while on the premises and in the presence of any other person, expose genitals, buttocks, or female breast, or make physical contact with the genitals or anus of any other person. 8. 08 . 050 Off-Premises Massasge Business. A. No person shall engage in, conduct, carry on, or advertise, or permit to be engaged in, conducted, or carried on, any off-premises massage business in the city of Azusa without a massage permit duly issued by the City Council pursuant to this chapter with an off-premises endorsement. The required permit shall be in addition to any other license or permit required by this code. B. Permit application shall be made in accordance with with requirements of Section 8. 08. 030 of this code. Permits shall be issued in the same manner as provided for in Section 8 . 08. 040 of this code. C. In addition to the regulations set forth in Section 8. 08. 040 of this code, each off-premises massage business must comply with the following additional requirements. 1. The owner, operator, responsible managing officer, manager, or permittee, shall display the permit issued therefor and a true and correct copy of the permit of each massage technician employed by the business to every customer who so requests. 2 . No person operating an off-premises massage business shall employ or allow a person to act as an off-premises massage technician unless such person has a valid massage technician permit endorsed by the Chief of Police for off-premises massage. 3 . No person operating an off-premises massage business shall assist, allow, or permit any massage technician to perform any massage in a hotel, motel, or commercial establishment that does not have a massage business permit unless the commercial establishment is the business premises of the customer. 6 8. 08.060 Massage Technicians - Permit Required. No person shall engage in the business of acting as a massage technician unless he or she holds a valid permit issued by the Chief of Police. 8 . 08 . 070 Massage Technician - Application. Applications for a massage technician permit shall be made to the Chief of Police on forms provided by him. The application shall include or be accompanied by the following information. A. All of the information set forth in Subsections A through L of Section 8. 08. 030 of this code. B. A certificate from a medical doctor licensed to practice in the State of California issued not more than 30 days prior to the date of the application, that certifies that the applicant has been examined and has no communicable diseases. C. A certificate or other form of written proof that the applicant has taken and passed the massage technician' s test administered by the Health Department. Applications which lack any of the information required in this section shall be deemed incomplete and shall be dis- approved by the Chief of Police. 8 . 08 . 080 Off-Premises Technician - Permit Required; Operating Requirements. A. No person shall engage in the business of an off-premises massage technician unless such person holds a valid massage technician's permit issued by the Chief of Police, endorsed for off- premises work. A massage technician's permit shall be endorsed by the Chief of Police for off-premises work upon application by the permittee, provided the permit is valid, and there are no pending proceedings for its revo- cation or suspension. , B. No person holding a massage technician' s permit endorsed for off-premises work shall perform any massage service in a hotel, motel, or in any -- commercial establishment other than a premises holding a valid massage permit or the business premises of the customer. Each off-premises massage technician shall display the permit to any customer who requests it. Upon any change of employers, the permittee shall inform the Chief of Police within ten working days. 8 . 08 . 090 Annual Medical Certificate. Each massage technician shall annually, at the time of renewal of his or her permit, supply the Chief of Police with a new medical certificate as required by Section 8. 08 . 070 (B) of this code. 8 . 08 . 100 Baths - Permit Required; Operating Require- ments. A. No person shall engage in, manage or conduct, or operate a "bath" business without a written permit from the City Council. B. The health and sanitation regulations set forth in Section 8. 08. 040 of this code shall apply to the premises upon which any bath business is conducted. No person shall be permitted to work in a bath business in any capacity that would 7 require such person to touch the body of another unless the premises has a permit to operate a massage business and the employee is in posses- sion of a bath and massage technician' s permit. No person under 18 years of age shall be per- mitted to work on the premises. 8. 08 . 110 Exemptions. This chapter shall not apply to any business operated by, or treatment administered in good faith in the course of any healing art or profession by any person licensed or permitted to practice any such art or pro- fession under the provisions of the Business and Professions Code of the State of California, or any other law of this state. 8. 08. 120 Fees. Fees for processing applications for permits under this chapter shall be set by ordinance or resolu- tion of the City Council of the City of Azusa and shall encompass the cost for the time spent for processing said applications. 8 . 08. 130 Revocation. Upon finding that the holder of any permit issued pursuant to this section has violated any provi- sions of this Chapter, committed any of the acts described in Section 8. 08 . 030, or has violated any other law or ordinance related to the operation of the business, the City Council may revoke, suspend for a period not to exceed six (6) months, or impose additional conditions on the permit as it deems appropri- ate given the violations proven. The Council shall make its decision following a hearing held not less than fifteen (15) nor more than forty (40) days following service of written charges upon the permittee, personally or by certified mail. Permittee shall be entitled to present such evidence as he may wish. City Council may, by resolution, establish procedures for the conduct of the hearing. SECTION 3 . As of the effective date of this ordinance, any person who holds a valid permit to operate a massage estab- lishment or to perform massage services issued pursuant to former Chapter 8. 08 of the Azusa Municipal Code shall be deemed to hold a valid massage establishment permit or massage technician permit, respectively, issued pursuant to Section 2 of this Ordinance. Such persons shall be subject to all of the provisions of said Section 2 that are applicable to said massage establishment permittees or massage technician permittees, respectively, within forty-five (45) days of the effective date of this ordinance; provided, however, that the Chief of Police may grant extensions of up to a maximum of eighteen (18) months from the effective date of this ordinance for compliance with the requirements of Sections 8. 08 . 040 H and I , upon a finding that any such extension or extensions is necessary to prevent substantial economic hard- ship to the applicant. The decision of the Chief of Police may be appealed to the City Council by filing Notice of Appeal stating the reasons therefor with the City Clerk within fourteen (14) days after the decision. It is further unlawful for any person who worked on the premises of a massage establishment prior to the effective date of this Ordinance as an employee, as defined in Section 2 of this ordinance, to continue to work as an employee as of the 120th day after said effective date, without a valid massage employee permit issued pursuant to the provisions of said Section 2 . The City Council of the City of Azusa hereby finds and determines that the amortization schedules set forth in this section are fair and reasonable in that: most of the new requirements impose only conduct regulations or documentation regulations upon the businesses and persons subject to Chapter 8 . 08, fair and reasonable extensions of time are permitted for any structural or building changes required by the regulation, and adequate time is permitted for employees to obtain the required licenses. 8 SECTION 4. The application fee required by Section 8. 08. 120 shall be Two Hundred Fifty Dollars ($250) , said amount being the reasonable cost to the City for the processing of said applications and inspections required for issuance of the permits established by Chapter 8. 08. The application fee may hereinafter be changed by resolution of the City Council, notwithstanding its initial determination by this Ordinance. SECTION 5. Pursuant to Government Code Sections 36934 and 36937, the City Council of the City of Azusa hereby declares this Ordinance to be an Urgency Ordinance requiring the immedi- ate enactment thereof because the same is necessary for the immediate preservation of the public peace, health, safety, and general welfare of the City of Azusa and its citizens and, accordingly, the provisions of this Ordinance shall become effective at once as an urgency ordinance. The facts constitu- ting such urgency are that the City' s current massage parlor ordinances do not take into account recent advances in health and safety and recent concerns about health matters in such establishments and in some cases have been declared invalid by recent court decisions. Therefore, the City has grossly inade- quate regulations to deal with massage parlors and unless this ordinance is enacted as an urgency ordinance, will not have the ability to protect the health and safety of citizens within the community pending the adoption of a regular ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION 7 . The City Clerk shall certify to the adoption of this ordinance as an urgency ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 6th day of January , 1986. ( e.,4/�2,,e , �/ ,40‹.2.41,2___ MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2297 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 6th day of January , 1986, by the following vote, to wit: AYES: COUNCILMEMBERS : CRUZ , COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS NONE A,/,/ ADOLPH /.OL S, ity Clerk 9