18.16.055 AUTOMOTIVE–SALES AGENCY OFFICE (WHOLESALE).

   .010   Permit Required. Any person, firm, corporation or other entity proposing to operate an Automotive-Sales Agency Office (Wholesale) at the premises where the business or establishment is proposed who will not display, park or store any vehicle being held as inventory at said premises or within any portion of the legal property upon which the premises is located shall first obtain a permit in compliance with the provisions of this section. On the other hand, any person, firm, corporation, or other entity proposing to operate an Automotive–Sales Agency Office (Wholesale) at the premises where the business or establishment is proposed and who intends to display, park or store any vehicle being held as inventory at said premises or within any portion of the legal property upon which the premises is located shall first obtain a minor conditional use permit (up to two vehicles) or a conditional use permit (three or more vehicles) in compliance with Chapter 18.66 (Conditional Use Permits).

   .020   Operational Standards.

      .0101   Any person, firm, corporation, or other entity holding a permit issued pursuant to this section to operate an Automotive-Sales Agency Office (Wholesale) shall operate only as a wholesale business at the premises identified on the permit and shall not display, park or store any vehicle being held as inventory within any portion of the legal property upon which the premises is located without first obtaining a minor conditional use permit (up to two vehicles) or a conditional use permit (three or more vehicles) in compliance with Chapter 18.66 (Conditional Use Permits).

      .0102   Vehicles in the possession and/or under the control of any person, firm, corporation, or other entity holding a permit issued pursuant to this section to operate an Automotive - Sales Agency Office (Wholesale) shall not be stored, parked, or displayed upon any public street or highway. (Ord. 6351 § 12; December 15, 2015: Ord. 6432 § 14; April 10, 2018.)

18.16.058 COMMUNITY CARE FACILITIES–UNLICENSED (SMALL) AND SOBER LIVING HOMES (SMALL).

   .010   Permits Required.

      .0101   Operator's Registration. Any person desiring to operate a Sober Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Registration in compliance with the provisions of this section.

      .0102   Operator's Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Permit in compliance with the provisions of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations.

   .020   Application Requirements. All applications for Operator's Registration and Operator's Permit shall be submitted on forms approved by the Planning Director. The application shall be signed and submitted by the owner/operator of the facility and filed with the Planning and Building Department, and shall include all applicable fee or deposit as approved and set by resolution of the City Council.

   .030   Permit Issuance.

      .0301   Operator's Registration. Upon receipt of a written application for an Operator's Registration, the Planning Director (or his or her designee) shall conduct a review. An Operator's Registration application shall be issued if the applicant provided all required information and is in compliance or has agreed to comply with Section 18.38.123 of this Code.

      .0302   Operator's Permit. Upon receipt of a written application for an Operator's Permit, the Planning Director (or his or her designee) shall conduct a review and the Chief of Police (or his or her designee) shall conduct an investigation to ascertain compliance with subsection 18.16.058.04.0403 of this section. An Operator's Permit application shall be issued if the Chief of Police recommends issuance of the permit, the applicant provided all required information, and is in compliance or has agreed to comply with this section and Section 18.38.123 of this Code.

   .040   Permit Denial and Revocation.

      .0401   In addition to the grounds for permit revocation specified in Section 18.16.040 of this chapter, an Operator's Registration and an Operator's Permit application shall be denied or revoked if any of the following circumstances exist:

         .01   Any owner/operator or staff person of the facility has provided materially false or misleading information on the application or omitted any pertinent information.

         .02   The owner/operator or staff person of the facility accepts residents, other than a house manager or staff, who are not handicapped as defined by the FHAA and FEHA.

         .03   The facility does not comply with the applicable separation requirements specified in Section 18.38.123.020.0205.

            (a)   Exceptions.

               (1)   If a Community Care Facility - Licensed or an Alcohol or Drug Abuse Recovery or Treatment Facility moves within the required separation distance of an existing Community Care Facility - Unlicensed (Small) or an existing Sober Living Home with a valid Operator's Registration or an Operator's Permit, this shall not cause the revocation of existing facility's Operator's Registration or Operator's Permit.

               (2)   A Community Care Facility – Unlicensed (Small) or a Sober Living Home (Small) that has been in existence prior to effective date of this ordinance shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance. If a new, subsequent Operator's Registration or Operator's Permit is required for an existing facility that was granted the exemption from the separation requirement due to change in circumstances, such exemption shall become null and void and the facility shall be required to comply with applicable separation requirement.

         .04   The owner/operator or staff person of a Sober Living Home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.

         .05   For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.

      .0402   Additional grounds for denial or revocation of an Operator's Registration.

         .01   The Sober Living Home does not have or no longer holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department.

      .0403   Additional grounds for denial or revocation of an Operator's Permit.

         .01   Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

         .02   Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an owner/operator or within the previous three (3) years for a staff person, to any of the following offenses:

            (a)   Any offenses in violation of California Penal Code Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314, 315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as may be amended.

            (b)   Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290, as may be amended.

            (c)   Arson offenses in violations of Penal Code Sections 451-455, as may be amended.

            (d)   Violent felonies, as defined in Penal Code Section 667.5, as may be amended, which involve doing bodily harm to another person.

            (e)   Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, as may be amended.

         .03   Any owner/operator or staff person of the facility is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

      .0404   If a facility has obtained a reasonable accommodation pursuant to Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved deviation shall not be a cause for a denial or revocation of the facility's permit.

   .050   Changes to Operator's Registration and Operator's Permit.

      .501   If any of the information submitted on the original application changes, such as any personnel changes (i.e. owner/operator of the facility, employees and staff including house manager), the current or new owner/operator of the facility shall notify the Planning Director of such change within ten (10) business days thereafter, in writing, which may require additional review and fee.

      .502   The owner/operator of a Sober Living Home with an Operator's Registration shall notify the Planning Director if there is any changes to the status of the facility's Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department (i.e. renewals, expirations, revocations) within ten (10) business days of such change.

   .060   Sale or Transfer of Operator's Registration and Operator's Permit. No Operator's Registration or Operator's Permit issued hereunder may be sold, transferred or assigned by a permittee, or by operation of law, to any other person(s), entity, or facility. Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a voluntary surrender or such permit and such permit shall thereafter be null and void. A change in owner/operator of the facility shall require a new application for an Operator's Registration or an Operator's Permit.

   .070   Operator's Registration and Operator's Permit Expiration.

      .0701   The Operator's Registration and the Operator's Permit shall expire and be of no further force or effect if after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six (6) months.

      .0702   The Operator's Registration shall automatically expire and be of no further force or effect if after establishment, the Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department for the facility is expired or revoked.

   .080   Operational Standards. All facilities subject to this section shall comply with all operational standards specified in Section 18.38.123 of this Code, unless otherwise permitted by this Code.

   .090   Existing Facilities. Facilities existing prior to effective date of regulations set forth in this section shall comply with the following:

      .0901   Existing facilities shall apply for the Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of regulations set forth in this section.

         .01   If an existing facility is seeking an exemption from the applicable separation requirement as specified in Subsections 18.38.123.020.0205.03 and 18.16.058.040.03.a.(2), such facility shall provide necessary evidence demonstrating that the facility has been in existence prior to the effective date of this ordinance, to the satisfaction of the Planning Director.

      .0902   Existing facilities shall have one (1) year from the effective date of the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their provisions.

      .0903   Existing facilities obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to two (2) additional years grace period pursuant to approval of an Operator's Permit.

      .0904   If an Operator's Registration or Operator's Permit submitted for existing facilities is denied pursuant to this section, such facility shall be deemed unlawful and shall seize its operations immediately after a denial of the Operator's Registration or Operator's Permit is issued. (Ord. 6493 § 6; September 29, 2020.)

18.16.060 ENTERTAINMENT.

   .010   Permit Required

   It shall be unlawful for any person to hold or conduct or operate, within the City of Anaheim, any Accessory Entertainment Premises subject to the provisions of this section and not expressly exempt hereunder subject to the provisions of this section without having a valid permit issued pursuant to the provisions of this section, except that premises subject to the provisions of Chapter 18.54 of this Code shall be required to obtain a sex-oriented business permit in lieu of the permit required by this section. The holding or conducting of any event or activity subject to the provisions of this section without a valid permit issued therefor pursuant to the provisions of this section is declared a public nuisance.

   .020   Exemptions.

   The provisions of Section 18.16.060.010 shall not be deemed to require a permit for any of the following:

      .0201   Any religious activities taking place on premises regularly used for religious purposes.

      .0202   Activities or events held or conducted by the City of Anaheim or by a school, college, or school district.

      .0203   Any activity or event that comes within the provisions of this section solely by reason of its taking place on property owned or occupied by the City of Anaheim shall not require a permit pursuant to this section if the persons or organizations holding or conducting the event shall have obtained a permit, license, lease, or agreement to use the premises from the City of Anaheim.

      .0204   Recreational and entertainment centers where the average annual attendance of such center is at least five million persons.

      .0205   Entertainment conducted in connection with a recreation park, circus or fairground.

      .0206   Entertainment which occurs on-premises that is conducted by or sponsored by any club, society or association, organized and incorporated for benevolent charitable, dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising from such entertainment are used for the purposes of such club, society or association.

   .030    Criteria for Approval.

   An application for an entertainment permit pursuant to this section shall be granted with or without conditions, provided its operation complies with the following, or be denied if it is found and determined that issuance of the permit would violate these regulations:

      .0301   Any provisions of Title 18 of the Anaheim Municipal Code or operate without violation of any other federal, state or city law or laws; or

      .0302   A building or structure which is not hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, and meets all occupancy requirements under the standards established by the Uniform Building or Fire Codes; or

      .0303   A premises with adequate on-site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or

      .0304   Operation with adequate security measures to (1) deter unlawful conduct on the part of employees or patrons, or (2) promote the safe and orderly assembly and movement of persons and vehicles, or (3) prevent disturbance of the neighborhood by excessive noise created by the entertainment activity or by patrons entering or leaving the premises where the entertainment activity takes place.

      .0305   The entertainment, as proposed, is and will be in compliance with applicable health and safety and zoning laws relating to the holding of such function,

      .0306   There shall be adequate floor space maintained for dancing free of any furniture or partitions and maintained in a smooth and safe condition; and

      .0307   The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the existing business has been operating in conformance with all conditions of approval and there are no outstanding Code Enforcement violations associated with the subject business.

      .0308   For restaurants, there is at least one meal of a substantial nature served. For the purposes of this section, a meal is a quantity of any kind of food which not only consists of a larger quantity of food than that which comprises a sandwich, soup or salad, but that it consists of a selection of food which is not susceptible of consumption in the absence of at least some articles of tableware and which cannot be conveniently consumed while standing or walking about.

      .0309   The application shall also be denied if (1) the applicant has knowingly and wilfully submitted false information on such application; and (2) the applicant has been convicted of any crime substantially related to the qualifications, functions and duties of the permittee under said permit.

   .040 Operational Standards.

   All facilities permitted by an entertainment permit shall be subject to the following operational standards:

      .0401   All entertainers and employees shall be clothed in such a way as to not expose “specified anatomical areas” as described in Section 7.16.060 of the Anaheim Municipal Code.

      .0402   The operator shall not permit or allow any minor under the age of sixteen years, unless accompanied by a parent or guardian, or permit or allow any intoxicated, boisterous or disorderly persons to enter, be, remain in or to dance therein;

      .0403   The operator shall not shut or turn off or reduce the intensity of the lighting in the area used for dancing to such an extent as to provide less lighting or illumination than is customary for rooms or areas of like dimensions or to a degree to make it difficult or impossible to clearly see or identify individuals dancing on the floor provided for dancing;

      .0404   The operator shall not permit any person to dance or permit any music to be played or reproduced by any device between the hours of two a.m. and nine a.m. of any day;

      .0405   Policing. Every person conducting an entertainment venue shall employ a sufficient number of security officers to properly police said dance, the number of such officers to be determined by the Chief of Police.

      .0406   The entertainment shall be restricted to that described in the application received.

      .0407   If required by the Police Department, security officers shall be provided that are in compliance with all state and local laws regulating their services including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code.

      .0408   At all times that entertainment is conducted security measures shall be adequate to deter unlawful conduct on the part of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises.

      .0409   The number of persons attending the event or entertainment shall not exceed the maximum occupancy of the business premises as determined by the Anaheim Fire Department. Signs stating the maximum permitted occupancy shall be posted in a conspicuous place on an approved sign near the main exit from the room.

      .0410   The business shall not employ or permit any person to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy.

      .0411   No pyrotechnical material, special effects, open flame devices, or fireworks shall be allowed unless a permit is previously issued in writing by the Anaheim Fire Department and unless the display is in strict accordance with any ordinance adopted by the Anaheim City Council regulating such displays.

      .0412   The business shall not be operated in violation of any provision of the Anaheim Municipal Code or any other city, state, or federal law.

      .0413   A cover charge shall not be required for admission into the premises unless a conditional use permit is first obtained that permits a cover charge. This prohibition shall not be applicable to a one-day dance event, defined as a “Dance – One-Day” in Section 18.92.070 of this Code.

      .0414   Any violation of the development standards or operational standards shall be grounds for revocation of the permit.

      .0415   Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways.

      .0416   The parking lot of the premises shall be equipped with lighting of a minimum one foot candle power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The position of such lighting shall not disturb the normal privacy and use of any neighboring residents.

      .0417   The applicants shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the license shall be removed or painted over within 24 hours of being applied.

      .0418   Any detached patios used for entertainment shall be monitored under video surveillance.

      .0419   The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition.

      .0420   That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim.

      .0421   That there shall be no pool tables maintained upon the premises at any time unless an Amusement Permit is obtained from the Planning Department.

      .0422   That the activities taking place in conjunction with the operation shall not cause noise disturbances to surrounding properties.

      .0423   No admission fee, cover charge, advance prepayment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises.

      .0424   The business shall not be operated in such a way as to be detrimental to the public health, safety and welfare.

      .0425   Any violation of the application, or any of these conditions, shall be sufficient grounds to revoke the permit.

      .0426   No dancing shall continue beyond two (2:00) A.M.

   .050 Application to Existing Entertainment Permits.

      .0501    Any business or other entity that was lawfully engaged in providing amusement or entertainment within the meaning of this section and was the holder of a permit issued by the City before the effective date of this Ordinance No. 6245, shall apply for a new permit pursuant to this Section 18.16.060 before the scheduled expiration date of the existing permit, and in that case the existing permit shall remain in effect until the application has been acted upon and the decision thereon has become final. (Ord. 6245 § 29 (part); June 5, 2012: Ord. 6317 § 5; March 3, 2015.)

18.16.070 MASSAGE ESTABLISHMENTS.

   .010   Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of massage establishments and their massage technicians and employees in the City.

   .020   Operator's Permit Required. No person shall operate a massage establishment within the City without first obtaining an operator's permit pursuant to Sections 18.16.070.030 and 18.16.070.040 of this chapter. The operator's permit required by this section shall be in addition to any business license required by this Code. Mobile massage operations are not permitted within the City. All massage activities must occur within a massage establishment, as permitted by this section. Massage establishments are prohibited within Motels, as defined in Section 18.36.040, except as permitted in Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards), Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) and Chapter 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1) Zoning and Development Standards).

   .030   Application for Operator's Permit. Any person desiring an operator's permit for a massage establishment shall file a written application on the required form with the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section), who shall refer all such applications to the Chief of Police who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship; one general partner, if the owner is a partnership; one officer or one director, if the owner is a corporation; one participant, if the owner is a joint venture; the managing member or one member duly authorized by all necessary action of the members, if the owner is a limited liability company; the duly authorized and empowered officer, if the owner is any other type of legal entity. The application for permit does not authorize operation of a massage establishment unless and until such operator's permit has been approved as provided in Section 18.16.070.040 of this section. The application shall be deemed complete if it contains or is accompanied by the information required, as identified below and in the application approved by the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section).

      .0301   In all cases where the owner is not a sole proprietor, the applicant shall designate one of its officers, general partners or members, as the case may be, to act as its responsible managing officer for purposes of operating the massage establishment and acting as the authorized representative of the owner. The owner or the owner's designated responsible managing officer shall complete and sign all application forms required under this section, but only one application fee shall be charged. Such responsible managing officer must at all times meet all of the requirements set forth in this section, or the operator's permit shall be suspended until a responsible managing officer who meets all such requirements is designated. If no such person is named within ninety (90) days, the operator's permit shall be deemed canceled and a new application for an operator's permit, accompanied with the appropriate filing fee, must be filed. The managing officer may be different from the "Responsible Employee" of the massage establishment, as defined in Section 18.92.210 of this Title. The operator's permit shall be issued only to and in the name of the owner of the massage establishment, who shall be responsible for all requirements of this section.

      .0302   The present or proposed address where the business is to be conducted.

      .0303   The type of ownership of the business (i.e., sole proprietorship, partnership, corporation, limited liability company, etc.).

      .0304   The exact name, including any fictitious name, if applicable, under which the business is to be operated.

      .0305   A detailed description of all services to be provided at the massage establishment. If the list of services required to be posted pursuant to Section 18.16.070.080.0801.03 of this chapter is to be in any language other than English, such list must accompany the application for the operator's permit. Any changes to such list after the issuance of the operator's permit must be submitted to the Planning Director within ten (10) days after such changes are made.

      .0306   If applicable, a copy of the California Massage Therapy Council ("CAMTC") certificate and photo identification issued to the Applicant by the California Massage Therapy Council pursuant to Section 4600 et seq. of the California Business and Professions Code. If applicable, the expiration date of the CAMTC certificate must be indicated.

      .0307   A complete list of the names, including any pseudonym(s), alias(es), alternate name(s), or nickname(s), and residential addresses of all massage technicians, employees, attendants and persons employed as a salaried or contract employee or retained as an independent contractor on a regular or temporary basis by the owner of a massage establishment in consideration for direct or indirect monetary wages, remuneration or profit, or any person who volunteers his or her services to or for such a person; the name and residential address of the Responsible Employee principally in charge of the operation of the business; and the names and residential addresses of all principals of the business.

      .0308   A copy of the CAMTC certificate and photo identification issued by the California Massage Therapy Council pursuant to Section 4600 et seq. of the California Business and Professions Code for each person or employee of the Massage Establishment that will provide massage services. If applicable, the expiration date of the CAMTC certificate held by each person or employee of the Massage Establishment that will provide massage services must be indicated.

      .0309   The name and address of the record owner of the real property upon or in which the massage establishment is to be conducted. If the applicant does not own the lot or parcel on which the massage establishment will operate, the owner shall consent to the filing of the application by signing and dating the application, and the applicant shall provide a certified copy of the lease or rental agreement.

      .0310   A sketch or diagram showing the complete interior configuration of the business, including without limitation the location of the restrooms, massage rooms, customer areas, employee-only designated areas, and any massage establishment requirements as identified in Section 18.16.080.0801. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale, with marked dimensions of the interior of the premises to an accuracy of plus or minus twelve inches.

      .0311   Written authorization for the City, its agents, and employees to seek verification of the information contained in the application.

      .0312   If the applicant is an individual, he/she shall sign the application under penalty of perjury that all the information contained in the application is true and correct. If the applicant is other than an individual, the responsible managing officer shall sign the application under penalty of perjury that all the information contained in the application is true and correct.

      .0313   A signed notarized statement that the Responsible Employee shall be responsible for the conduct of all employees, massage technicians, attendants and persons employed as a salaried or contract employee or retained as an independent contractor working on the premises of the massage establishment or any person who volunteers his or her services and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter may result in the revocation of the City-issued permit.

      .0314   Such other identification and information as may be necessary and required by the City in its sole discretion to verify the truth of the matters hereinabove specified as required to be set forth in the application.

      .0315   If, during the term of a permit, any of the information submitted on the original or renewal application changes, the operator or Responsible Employee shall notify the Planning Director of such change within ten (10) business days thereafter, in writing.

      .0316    For any massage establishment in operation prior to January 19, 2017, a new written application for an operator's permit for a massage establishment required by section 18.16.070.030, above, shall be filed with the City and deemed complete pursuant to section 18.16.070.030 not later than July 20, 2017.

      .0317   The following additional information concerning the applicant shall also be provided:

         .01   The full name, date of birth, current residential address, business address, and telephone numbers.

         .02   Acceptable proof that the applicant is at least eighteen (18) years of age.

         .03   California driver's license number or California identification number, and social security number or resident alien number, if any.

         .04   Any other names, including any pseudonyms, aliases, alternate names, or nicknames, used within five years of the date of filing the application.

         .05   Height, weight, color of hair and eyes, and gender.

         .06   The applicant's complete business, occupation and employment history for five (5) years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant.

         .07   The complete permit history of the applicant including, but not limited to massage or similar business; whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether the permit or license was denied, revoked or suspended; or whether a vocational or professional license or permit was denied, revoked or suspended, and the reason(s) therefor.

         .08   All criminal convictions, including pleas of nolo contendere, within the ten (10) year period preceding the date of application, including those dismissed or expunged pursuant to California Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason and sentence therefor.

         .09   Whether the applicant has ever been convicted of any crime specified in California Government Code Section 51032.

         .10   A complete set of fingerprints taken by the Police Department.

         .11   The name and address of any massage business or other establishment currently owned or operated by the applicant wherein the business of massage is conducted.

   .035   Right to Privacy. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The City Council, in adopting the application and licensing system set forth herein, has determined in accordance with California Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section) shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.

   .040   Operator's Permit Issuance and Denial. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall, within thirty (30) business days of receipt of an application, provide a recommendation to the Planning Director to approve or deny the application. The Chief of Police shall recommend approval of the application unless the Chief of Police makes any of the following findings:

      .0401   The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a general partner, if the applicant is a partnership, or the managing member or one member duly authorized by all necessary action of the members, if the owner is a limited liability company; or the duly authorized and empowered officer, if the owner is any other type of legal entity; or any person proposed to be or is employed in the massage establishment, has, within ten (10) years preceding the date of the application, either:

         .01   Been convicted of a violation of California Penal Code Sections 236.1(a), 236.1(b), 236.1(c)(2), 186.10(a), 186.10(b), 266h, 266i, 314, 315, 316, 318, Subsections (a) or (b) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of California Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;

         .02   Been convicted of a violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;

         .03   Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses;

         .04   Engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation of an operator's permit under this section;

         .05   Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California;

         .06   Engaged in conduct which would constitute an offense as described in subparagraph .01 above;

         .07   Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this section, would be grounds for denial, suspension or revocation of the permit;

         .08   Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator;

         .09   Had a massage operator permit, massage technician permit, CAMTC certificate or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county, city and county or state.

         .10   Employed or used massage technicians without valid CAMTC certificates.

      .0402   The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process.

      .0403   The application does not contain all of the information required by Section 18.16.070.030.

      .0404   The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

      .0405   The applicant has not satisfied the requirements of this Section 18.16.070 in the time specified.

      .0406   If the application is denied due to a false, misleading or fraudulent statement in the application, the applicant may not reapply for a period of twenty-four (24) months from the date the application was denied.

   .050   Massage Establishment Operating Requirements. Each operator and Responsible Employee of any Massage Establishment shall comply with the following requirements:

      .0501   Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician or employee shall massage the genitals, gluteal fold, or anal area, of any patron or the breast(s) of any female patron, nor shall any operator or Responsible Employee of a massage establishment allow or permit such massage. No massage operator or designated Responsible Employee while performing any task or service associated with the massage establishment, shall be present in any room with another person unless the person's genitals, gluteal fold, anus, or in the case of a female, her breast(s), are fully covered.

      .0502   Under no circumstances shall any owner, operator, Responsible Employee, manager, licensee, massage technician, employee, attendant or independent contractor expose any specified anatomical parts, as defined by Section 18.54.020, to another person or persons while at the massage establishment.

      .0503   Under no circumstances shall any specified sexual activities, as defined by Section 18.54.020, take place at any time at the massage establishment.

      .0504   No massage establishment employing a massage technician shall be equipped with tinted or one-way glass in any room or office.

      .0505   There shall be no display, storage, or use of any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, as defined by Section 18.54.020, including, but not limited to, all sex-oriented material and merchandise as defined by Section 18.54.020 (I) and (J).

      .0506   No person granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.

      .0507   All massage establishments required to be licensed under this section shall have a Responsible Employee on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Planning Director designating the person or persons with power to act as a Responsible Employee. The operator and/or on-duty Responsible Employee shall post, on a daily basis, the name of each on duty Responsible Employee and each on duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the Responsible Employee in the operator's absence, shall be responsible for ensuring compliance with this section.

      .0508   No establishment shall be open for business without having a valid operator's permit and at least one on-duty massage technician holding a current valid CAMTC certificate at all times when said establishment is open.

      .0509   The operator and/or designated Responsible Employee shall ensure that the massage establishment permit and the CAMTC certificate for each on-duty massage technician, alongside a color copy of the corresponding technician's photograph, is conspicuously displayed in a public place in the lobby and that each massage technician is wearing or has on his or her person the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council at all times when in the massage establishment. Such identification shall be provided to City regulatory officials upon demand.

      .0510   An operator and/or on-duty Responsible Employee shall be responsible for the conduct of all massage technicians, employees, attendants and persons employed as a salaried or contract employee or retained as an independent contractor, or any person who volunteers his or her services while they are on the licensed premises. All persons found working in the massage establishment shall be considered employees of the operator, including independent contractors and unpaid volunteers. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's permit shall be revoked, suspended, denied or renewed.

      .0511   No operator or Responsible Employee shall employ any person as a massage technician who does not have a valid CAMTC certificate. Every operator or Responsible Employee shall report to the Planning Director any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section). The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the date of hire or termination. The operator shall deliver the permit and photo identification card issued pursuant to this section of any massage technician no longer employed by the operator to the Planning Director within five (5) days. If the new employee is a massage technician, the operator shall deliver a copy of the new technician's photo identification card and CAMTC certificate to the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section) within five (5) business days.

      .0512   All persons working in the massage establishment, including independent contractors and unpaid volunteers, shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material, and shall provide complete covering from mid-thigh to three (3) inches below the collar bone.

      .0513   The operator and/or on duty Responsible Employee shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, telephone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two (2) years following termination. The operator and/or Responsible Employee on duty shall make the register of employees available immediately for inspection by the City's Police Department and Code Enforcement Division upon demand of a representative of the police department at all reasonable times.

      .0514   No massage establishment may be located within a radius of 500 feet of another massage establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. If two or more massage establishments are located within 500 feet of each other on January 19, 2017, the massage establishment first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of this paragraph .0514, and the later established use(s) shall be deemed nonconforming to the locational requirement. No nonconforming massage establishment shall be increased, enlarged, extended or altered in size or area. This minimum separation requirement shall not apply to massage establishments located within the boundaries of the Disneyland Resort Specific Plan No. 92-1, the Anaheim Resort Specific Plan No. 92-2 or the Hotel Circle Specific Plan No. 93-1.

      .0515   If a nonconforming massage establishment becomes vacant and remains unoccupied for a continuous period of sixty (60) days or more, the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section) shall determine and notify the owner of the massage establishment in writing that the nonconforming use has been discontinued and the nonconforming use may not be renewed or reestablished.

      .0516    The operator shall comply with all provisions of this chapter and any applicable provisions of this Code.

   .060   Massage Technician Permit. No person shall perform or administer a massage, or advertise to provide massage services, in the City, unless such person has in effect a valid CAMTC certificate.

   .070   Massage Technician Requirements. All massage technicians shall comply with the following conditions:

      .0701   Except to the extent required, in writing by a state licensed medical practitioner, no massage technician, massage technician aide, or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal fold, anus, or in the case of a female, her breast(s) are fully covered at all times.

      .0702   No massage technician shall massage any patron unless the person's genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron.

      .0703   The massage technician shall wear or have on his or her person a photo identification card prepared and issued by the CAMTC, if applicable, at all times when present in the massage establishment; such identification shall be provided to City regulatory officials upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician holding a permit issued by CAMTC changes his or her business address, the technician must obtain a CAMTC certification prior to offering massage services.

      .0704   Massage technicians shall not perform any massage at any location other than the location specified on the permit.

      .0705   While on duty, the massage technician shall not use any name other than that specified on the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council.

      .0706   Massage attendants shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide complete covering from mid-thigh to three (3) inches below the collar bone. Additionally, massage attendants shall not dress in the following manner while engaging in the practice of massage or while visible to clients in a massage establishment:

         .01   In attire that is transparent, see-through, or substantially exposes the massage technician's undergarments.

         .02   In swim attire.

         .03   In a manner that exposes the massage technician's specified anatomical parts, as defined by Section 18.54.020.

         .04   In a manner that constitutes a violation of Section 314 of the California Penal Code.

         .05   In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

      .0707   The massage technician consents to the inspection of the massage establishment by the City's Code Enforcement Division, Building and Safety Division, Fire Department and Police Department, the Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage establishments, or any aspects of the premises or business, for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.14 which would require the posting of the Notice to All Patrons.

      .0708    No massage technician shall advertise services that would constitute a violation of any requirements of this chapter.

   .080   Requirements of Operation.

      .0801   Facilities.

         .01   Windows. The storefront windows of the massage establishment shall be transparent to provide clear visibility into the reception area of the unit. The windows shall not be obscured by curtains, blinds, tint, or other temporary devices during operating hours.

         .02   Signs. All exterior signs identifying the premises as a massage establishment shall comply with the sign requirements of the City. Each operator and/or on duty Responsible Employee shall display the operator's permit in a conspicuous public place in the lobby of the massage establishment. The hours of operation must be posted in the front window and clearly visible from the outside. The operator and/or on duty Responsible Employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on duty Responsible Employee as well as all on-duty massage technicians.

         .03   Services List. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or Responsible Employee shall permit, and no massage technician shall offer or perform, any service other than those posted. No services that would constitute a violation of this Chapter or any other law shall be posted.

         .04   Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be at least one (1) forty (40) watt white light bulb and shall be activated at all times while the patron is in such room or enclosure. No strobe flashing lights shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source.

         .05   Restroom Facilities. A minimum of one (1) toilet and one (1) separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap shall be used. A trash receptacle shall be provided in each restroom. No bathtubs shall be allowed.

         .06   Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons. Separate massage rooms shall be provided for couples massage if offered at a massage establishment. Rooms providing couples massage shall be separated from all other rooms and areas of the massage establishment by an opaque door, such that no activities occurring within a room offering couples massage are visible to other patrons of the massage establishment.

         .07   Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas.

         .08   Massage Table or Chair. A massage table or chair shall be provided in each massage room and the massage shall be performed on this massage table or chair. The tables should have a minimum height of eighteen inches (18"). Two inch (2") thick foam pads with a minimum width of two feet (2') and a maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises.

         .09   If an establishment is proposing the use of table showers in the massage establishment, the entire massage room where the table shower is located shall be designed and built as a shower facility. The floor and walls shall be designed and built to be waterproof per California Building Code requirements and the room shall drain properly per the California Building Code.

      .0802   Operations.

         .01   Equipment. Each operator and/or on duty Responsible Employee shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.

         .02   Inspections. The operator and/or on duty Responsible Employee consents to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met.

            (a)   The City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Chief of Police. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this section are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.14 which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on-duty employees.

            (b)   Inspections of the massage establishment shall be conducted during business hours.

            (c)   A person who operates a massage establishment or his or her agent, servant or employee commits a violation of this chapter if he or she refuses to permit a lawful inspection of the premises by a representative of the Building and Safety Division, Code Enforcement Division, Fire Department, Police Department, Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage establishments, or any aspects of the premises or business, at any time it is occupied or open for business.

         .03   Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have doors or covers. Only full-size bath towels or sheets shall be used in the massage process.

         .04   Residing in Establishment Prohibited. No person or persons shall be allowed to live, reside or dwell inside the massage establishment at any time. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the County of Orange.

         .05   Alcoholic Beverages/Drugs. No person shall enter, be in, or remain in, any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The owner, operator and Responsible Employee shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Alcoholic beverages may not be sold, offered for sale, served, furnished, kept, consumed, imbibed, or possessed on the premises.

         .06   Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron.

         .07   Roster. The owner, operator or on-duty Responsible Employee of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment and the name and residence addresses of the Responsible Employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept on the massage establishment premises and be available for immediate inspection by officials charged with enforcement of this section.

         .08   Minimum age. No person shall give, or assist in giving, any massage to any other person under the age of eighteen (18) years, unless the parent or guardian of the minor person has consented thereto in writing.

         .09   Record. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and telephone number of each patron, the name of the massage technician administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this chapter, as authorized by law or court order. Such records shall be kept on the premises of the massage establishment for a period of two (2) years.

         .10   Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons' genitals, gluteal fold, anus and female breast(s). No common use of such coverings shall be permitted and re-use is prohibited unless laundered or otherwise sanitized between each use.

         .11   Hours of operation. The owner must advise the City, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a massage establishment or administer a massage in any massage establishment between the hours of 10:00 p.m. and 6:00 a.m. A massage begun any time before 10:00 p.m. must terminate at or before 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside.

         .12   Advertising. No massage establishment granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in this chapter, nor shall any massage establishment employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter, or that services are available that would constitute a violation of any laws.

         .13   Doors. All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. A massage establishment may lock its exterior doors during business hours if the establishment is owned by one individual with one or no employees. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door.

         .14   Notices. The Planning Director may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or court conviction, to have violated any of the provisions listed in Sections 18.16.070.40 and 18.16.070.070:

   NOTICE TO ALL PATRONS

         THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ANAHEIM POLICE DEPARTMENT, FIRE DEPARTMENT, BUILDING AND SAFETY DIVISION AND CODE ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE.

            (a)   The notice set forth above shall be prepared and issued by the Planning Director (or his or her authorized representative so designated to carry out responsibilities under this section).

            (b)   The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room.

            (c)   The requirement for posting the notice described in this Section is cumulative and in addition to all other civil and criminal remedies and penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of the City of Anaheim, County of Orange and the State of California.

   .090   Change of Business.

      .0901   Every massage establishment owner shall report immediately to the Planning Director any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of Responsible Employee or other person principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers and directors of the corporation, interests in partnerships (including both general and limited partners), limited liability company membership interests, as may be applicable to the type of entity which is making the particular change in question, and all changes of name, style or designation under which the massage establishment is to be conducted, and all changes of address or telephone numbers of the massage establishment. A change of location of any of the premises may be approved by the Planning Director provided there is compliance with all applicable regulations of the City.

      .0902   No massage operator's permit may be sold, transferred or assigned by a 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 constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership or a limited liability company and one or more of the partners or members, respectively, should die, one or more of the surviving partners or members, as the case may be, may acquire, by purchase or otherwise, the interest of the deceased partner (or partners) or member (or members), as the case may be, without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Planning Director, shall be placed in the name of the surviving partner (or partners) or member (or members), as the case may be. A massage operator's permit issued to a corporation shall be deemed terminated and void when five percent (5%) or more of the stock of the corporation is sold, transferred or assigned after the issuance of a permit. A massage operator's permit issued to an entity other than a partnership, limited liability company or corporation shall be deemed terminated and void when five percent (5%) or more of the voting rights or beneficial ownership rights and interests as may be applicable to the entity is sold, transferred or assigned after the issuance of a permit. No massage technician permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons.

      .0903    If a massage establishment ceases operation due to any violation of this chapter, no new massage establishment may be established at the same location for twenty four (24) months from the date the massage establishment ceases operating.

   .100   Exemption.

      .1001   The requirements of this chapter shall have no application and no effect upon, and shall not be construed as applying to, any persons designated as follows:

         .01   State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered nurse working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor, osteopaths, physical therapists and registered nurses. This exemption does not include practical nurses, licensed vocational nurses, acupuncturists or CAMTC certified massage therapists or technicians working under the direct supervision of physicians, surgeons, chiropractors, osteopaths, physical therapists and registered nurses.

         .02   Barbers, estheticians, and beauticians who are duly licensed under the laws of the State of California while engaging in the practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, face, scalp, hands, feet and hair of the customer or client.

         .03   Persons administering a chair massage as defined in this chapter, provided that the Planning Director receives a letter from the property or business owner of the location where the chair massage is to be administered stating his/her/its knowledge and approval of the chair massage, the location where the chair massage will take place, the dates and hours the chair massage will be conducted, the identity of the person (s) administering the chair massage and that only a recognized massage chair will be used.

         .04   Accredited high schools, junior colleges, colleges, or universities whose coaches and certified athletic trainers are acting within the scope of their employment.

         .05   Certified athletic trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events.

         .06   Hospitals, nursing homes, sanatoriums, or other health facilities duly licensed by the State of California.

      .1002   Commencing on the effective date of this chapter, all permits are to be issued in accordance with the provisions of this chapter.

   .110   Transfer and Duration of Permits.

      .1101   No permit issued hereunder shall be transferable to any other person or establishment. "Person" means an individual, corporation, limited liability company, partnership, joint venture, association, firm, joint stock company, trust, unincorporated association or other entity.

      .1102   It shall be the responsibility of the operator to ensure that all technicians conducting massage on the premises are continually licensed by the CAMTC. The operator shall be required to show evidence that massage technicians operating within their massage establishment hold a valid CAMTC certificate at the time of business license renewal.

      .1103   No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, Responsible Employees and technicians subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.

   .120   Violation and Penalty.

      .1201   Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370.

      .1202   Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding 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 jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (Ord. 6245 § 29 (part); June 5, 2012: Ord. 6390 § 3; December 20, 2016: Ord. 6425 § 9; December 19, 2017: Ord. 6473 §§ 11, 12; December 3, 2019: Ord. 6506 § 13; February 9, 2021.)

18.16.080 SMOKING LOUNGES.

   .010   Permit Required. It shall be unlawful for any person to hold or conduct or operate within the City of Anaheim any smoking lounge subject to the provisions of this chapter and not expressly exempt hereunder subject to the provisions of this chapter without having a valid permit issued pursuant to the provisions of this chapter, except that premises subject to the provisions of Chapter 18.54 of this Code shall be required to obtain a sex-oriented business permit in lieu of the permit required by this chapter. The holding or conducting of any event or activity subject to the provisions of this chapter without a valid permit issued therefor pursuant to the provisions of this chapter is declared a public nuisance.

   .020   Locations Allowed.

      .0201   Smoking lounge is a permitted primary use within the C-NC, C-R and C-G zones, subject to approval of a smoking lounge permit pursuant to the provisions of Section 18.16.080 of the Anaheim Municipal Code.

      .0202   The tenant space shall not be located within 200 feet of any residential zone boundary or any property containing a residential use, whether said residential boundary or property containing a residential use is within or outside of the corporate boundaries of the City of Anaheim. Distances of less than 200 feet to residential zones or uses may be permitted by conditional use permit if it can be demonstrated that there are structures or other factors which provide protection for the residences from noise, odors or other impacts from the smoking lounge.

      .0203   The tenant space shall be a minimum distance of 1,000 feet from any public or private school, as said term is defined in Section 18.92.220 (“S” words, terms and phrases), whether said school is within or outside of the corporate boundaries of the City of Anaheim. Distances of less than 1,000 feet may be permitted by conditional use permit if it can be demonstrated that there are structures or other factors which provide protection for the school from noise, odors or other impacts from the smoking lounge.

   .030   Outdoor Smoking Lounge. An Outdoor Smoking Lounge is any outdoor seating, dining or smoking area provided as a part of a Smoking Lounge. Outdoor Smoking Lounges may be permitted in all zones where smoking lounges are permitted subject to a conditional use permit and compliance with all the following provisions as may be amended by conditional use permit:

      .0301   The Outdoor Smoking Lounge area shall be located in an outdoor area that is least obtrusive to neighboring businesses and land uses.

      .0302   Furnishings may include tables, chairs, decorative benches and umbrellas.

      .0303   Furnishings shall not be placed on or allowed to hang over any public right-of-way, required pedestrian accessway, required setback or parking area.

      .0304   A minimum six-foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk.

      .0305   All required emergency access/exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department. All structures or covers provided for the Outdoor Smoking Lounge shall be in compliance with all Building and Fire Codes.

      .0306    An Outdoor Smoking Lounge area provided in compliance with the provisions of this section shall be included in the gross floor area of a smoking lounge to determine its parking requirements.

      .0307   Portable or non-fixed furnishings shall not be set up outside the smoking lounge more than one-half (0.5) hour prior to the opening of business and shall be removed no later than one-half (0.5) hour after closing. Permanent or fixed furnishings may remain overnight.

      .0308   Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building.

      .0309   At least one trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building.

      .0310   The smoking lounge owner shall be responsible for the removal of all trash and debris or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner.

   .040   Operating Standards. It is unlawful for any person to engage in, conduct, or carry on, in or upon the premises within the City of Anaheim, the business of a smoking lounge except in compliance with all of the following requirements:

      .0401   The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Cal. Labor Code Section 6404.5.

      .0402   No alcoholic beverages shall be sold or consumed on the business premises within any area where the smoking of tobacco or other substances is allowed, including any outdoor seating area in conformance with Section 18.16.080.030, above, where the smoking of tobacco or other substance is allowed.

      .0403   No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed, including any outdoor seating area in conformance with Section 18.16.080.030, above, where the smoking of tobacco or other substance is allowed.

      .0404   No live entertainment, including, but not limited to, singers, DJs, dancers, and comedians, shall be permitted within the business except as authorized pursuant to, and in accordance with the terms of, a valid entertainment permit issued pursuant to Section 18.16.060 (Entertainment) of Title 18 of this Code.

      .0405   No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted.

      .0406   Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or his or her designee.

      .0407   No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department.

      .0408   The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.

      .0409   No amusement devices, as said term is defined in Section 18.92.040, shall be permitted anywhere within the business.

      .0410   Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws.

      .0411   Parking shall be provided for all combined uses within the business using the standard for bars and nightclubs (17 spaces/1,000 GFA and 29 spaces/1,000 GFA of dance floor area).

      .0412   The occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code.

      .0413   The business shall also be in conformity with all other city, state and federal laws.

      .0414   The Applicant shall obtain, and maintain in full force and effect, a business license from the City of Anaheim for such business. (A.M.C. Section 3.04.050).

      .0415   All business related activities shall be conducted wholly within a building, with the exception of an Outdoor Smoking Lounge in conformance with Section 18.16.080.030. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted.

      .0416   Applicant shall comply with the Specifications and Requirements for Smoking Lounges adopted by the Anaheim Fire Department.

      .0417   The applicant shall provide the name, address, telephone number, social security and driver's license number of each person employed by the business, whether full-time or part-time, including, but not limited to any independent contractors, and fully describe their job duties or work responsibilities prior to final inspection or issuance of temporary or final certificate of occupancy.

      .0418   Applicant shall comply with the requirements of this Section 18.16.080 of the Anaheim Municipal Code pertaining to Smoking Lounges.

      .0419   Any violation of these operating standards shall be sufficient grounds for revocation of the permit.

      .0420   The facility is in compliance with occupancy requirements of the Building Code as amended by the City of Anaheim.

      .0421   In addition, to the standards in this section, all smoking lounges must comply with all applicable state law, including California Labor Code Section 6404.5, as same as or as amended thereafter.

   .050   Smoking Lounge Permit Issuance and Denial. An application for a smoking lounge permit pursuant to this chapter shall be granted, subject to compliance with the requirements set forth herein, unless it is found and determined that issuance of the permit would allow the smoking lounge to be held or conducted:

      .0501   In violation of any provisions of Title18 of the Anaheim Municipal Code or in violation of any other federal, state or city law or laws; or

      .0502   In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the Uniform Codes or the 2001 California Fire Code, adopted pursuant to Sections 15.02.010 and 16.08.020, respectively, of the Anaheim Municipal Code; or

      .0503   On premises which lack adequate on-site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or

      .0504   In a manner in which proposed security measures are determined to be inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or the proposed noise control plan is determined to be inadequate to prevent disturbance of the neighborhood by excessive noise created by the activity or by patrons entering or leaving the premises.

   .060   Issuance of Permit-Conditions.

      .0601   After the decision approving or conditionally approving any permit becomes final, the Planning Director or designee shall issue the permit.

      .0602   The permit shall be issued subject to compliance with all operating requirements in Section 18.16.080.040 and such additional conditions as may be required to ensure compliance with City regulations governing the matters contained in the application.

   .070   Application to Legal Nonconforming Smoking Lounges.

   Any smoking lounge lawfully existing on January 5, 2006 (the effective date of Ordinance No. 5999) that became a nonconforming use by reason of the adoption of Ordinance No. 5999 shall not be deemed to be nonconforming for failure to comply with the location and parking requirements established for such uses by Ordinance No. 5999 unless said business is terminated for any reason or voluntarily discontinued for a period of 60 consecutive calendar days or more following January 5, 2006. Any such lawfully existing smoking lounge may continue to operate, provided said operation is in conformity with all other applicable city, state, and federal laws. (Ord. 6245 § 29 (part); June 5, 2012: Ord. 6286 § 9; September 3, 2013: Ord. 6461 § 8; April 16, 2019.)