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No person is required to obtain an arcade permit in order to operate an arcade. This section does not exempt persons operating arcades from compliance with any other requirements, including the requirement for another permit, business tax certificate or clearance, imposed by the code or by any ordinance, statute, rule or regulation.
(`64 Code, Sec. 12-6.2) (Ord. No. 2386, 2838)
The location and facilities of every arcade shall meet the following standards:
(A) Parking and storage - Accessible and adequate off-street parking facilities for motor vehicles, bicycles, skate boards and other means of personal transportation, and storage facilities to prevent an accumulation of bicycles and skate boards on any public right-of-way.
(B) Location of arcade - Located beyond 500 feet of the boundary of any real property parcel on which a public or private elementary school, junior high school, or senior high school is located.
(C) Floor space - A minimum floor space of 750 square feet, with at least 25 additional square feet for each amusement device in excess of five.
(D) Location of amusement devices -
(1) The amusement devices shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent portion of the building. When the amusement devices are located along only one side of an aisle, the aisle shall be a minimum of 66 inches in width and shall be unobstructed.
(2) When the amusement devices are located on both sides of the aisle, the aisle shall not be less than 90 inches in width and shall be unobstructed. No amusement device shall be located closer than 24 inches from any other amusement device.
(E) Toilets - At least two toilet and lavatory facilities accessible to the customers, employees and business invitees.
(F) Visibility - All portions of the interior of a primary arcade, except the restrooms, shall be plainly visible from the outside of the building through unobstructed windows and glass doors.
(G) Lighting - All entrances and interior areas shall provide at a minimum lighting in accordance with the city building code.
(H) Noise - Separation from any adjacent occupied unit by a wall assembly, extending from the floor to roof, having an airborne sound transmission class of 56, as set out in Standard 35-1 of the Uniform Building Code Standards so that the intrusion sound level in adjacent areas does not exceed 40 db.
(I) Bicycle racks - Bicycle racks located within 25 feet of the arcade, with at least one bicycle stall for each amusement device, up to a maximum of 30 stalls, and not located on any required landscape areas, common walkways to the building, common driveways, required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any premises. Bicycle racks shall be of a type that allows bicycles to be locked thereto.
(J) Permitted zones - Located only in C-1 or C-2 Zones.
(`64 Code, Sec. 12-6.3) (Ord. No. 2386)
Every arcade shall comply with the following operating standards:
(A) No primary arcade shall be open for business between the hours of 2:00 a.m. and 6:00 a.m.
(B) No arcade shall be open unless there is an adult manager on the premises at all times.
(C) No person shall enter, be or remain in any part of a primary arcade while in possession of, using or under the influence of any alcoholic beverage or drug.
(D) The operator shall obtain from each school located within a radius of 1,000 feet of the arcade a schedule of all school holidays, vacations and other days when students are not in attendance, as well as a statement of the hours during which students are in attendance. The operator shall maintain the schedule and update it as necessary.
(E) Between 8:00 a.m. and 3:00 p.m., the operator shall require persons under the age of 16 years to produce a school identification, from which the operator can determine that the person is not required to be in attendance at school, or a written statement from the person's parent or guardian stating that the child is not required to be in school.
(F) After 10:00 p.m., the operator shall not permit any person under the age of 18 years to enter or remain in the arcade unless accompanied by a parent or guardian.
(G) Each arcade shall maintain signs informing the public that school age persons must produce proof that they are legitimately not in attendance at school between 8:00 a.m. and 3:00 p.m. and that persons under the age of 18 years are prohibited from entering or remaining in an arcade after 10:00 p.m. unless accompanied by a parent or guardian. The signs must be posted in at least two locations in the arcade in letters at least two inches in height.
(`64 Code, Sec. 12-6.4) (Ord. No. 2386)
ARTICLE IV. DANCE PERMIT PROCEDURES
The license collector shall provide each applicant for a dance permit with a form specifying the information required for the permit. The city shall begin processing an application when the completed form, the applicable fee, and documents required are provided to the license collector. For purposes of this article, the assistant city treasurer or designee shall be the license collector.
(`64 Code, Sec. 12-1.2) (Ord. No. 2386, 2811, 2851, 2977)
On receiving the completed form and applicable fee, the license collector shall refer the completed application to appropriate city service providers, such as police, fire, building and planning, to investigate and report as to whether the applicant and the activity for which the permit is sought comply with applicable laws and regulations. The report shall state with specificity any corrective action that the applicant must take in order to so comply and any conditions to be imposed on the permit. All service providers to which the application was referred shall give written reports of their investigations to the license collector.
(`64 Code, Sec. 12-1.3) (Ord. No. 2386)
If the reports state no basis on which the permit cannot be issued and state no corrective action that must be taken before the permit can be issued, the license collector shall issue the permit, subject to any conditions recommended by the service providers.
(`64 Code, Sec. 12-1.4) (Ord. No. 2386, 2811, 2851)
If the reports state that corrective action must be taken before the permit can be issued, the license collector shall give written notice to the applicant of the corrective action to be taken, describing the corrective action with specificity.
(`64 Code, Sec. 12-1.5) (Ord. No. 2386)
If within 60 calendar days of the mailing of the notice of corrective action, the applicant submits evidence that the corrective action has been taken, the license collector shall refer such evidence to the service provider requiring the corrective action for verification that the corrective action was taken. The service provider to which the evidence was referred shall give a written report to the license collector, stating whether the corrective action described in the notice to the applicant was taken. If the report states that all corrective action was taken as described in the notice, the license collector shall issue the permit.
(`64 Code, Sec. 12-1.6) (Ord. No. 2386)
In the following circumstances, the license collector shall send the applicant written notice that the application is denied:
(A) A service provider's report given to the license collector pursuant to section 11-142 states that the applicant or the activity for which the permit is sought does not comply with applicable laws and regulations, and the report states no corrective action.
(B) The applicant is sent a notice of corrective action and does not timely appeal such notice or submit timely evidence that the corrective action has been taken, or a service provider's report given to the license collector pursuant to section 11-145 states that the corrective action of which evidence was submitted was not taken as described in the notice.
(`64 Code, Sec. 12-1.7) (Ord. No. 2386)
The applicant may request a hearing if:
(A) The applicant receives written notice that the application is denied. The request for hearing must be received by the license collector within 14 days after the license collector mailed the notice of denial to the applicant.
(B) The applicant receives written notice that corrective action must be taken to comply with applicable laws and regulations, and the applicant does not agree that such corrective action is necessary in order to so comply. The request for hearing must be received by the license collector within 14 days after the license collector mailed such notice of corrective action to the applicant.
(C) The applicant receives a permit on which conditions have been imposed, and the applicant does not agree that one or more such conditions are necessary. The request for hearing must be received by the license collector within 14 days after the license collector mailed the permit to the applicant.
(`64 Code, Sec. 12-1.9) (Ord. No. 2386)
An applicant's request for hearing shall be in writing, shall attach a copy of the notice of denial, notice of corrective action or permit received by the applicant, and shall state the reasons that the applicant alleges the notice or permit conditions to be incorrect or unnecessary. An applicant's request for hearing must be accompanied by the hearing fee set by resolution of the city council.
(`64 Code, Sec. 12-1.10) (Ord. No. 2386)
On receiving a request for hearing, accompanied by the hearing fee, the license collector shall send the request to the hearing officer, and the hearing officer shall set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the applicant.
(`64 Code, Sec. 12-1.11) (Ord. No. 2386)
(A) All hearings shall be open to the public.
(B) The applicant shall first present evidence to justify issuance of the permit or noncompliance with corrective action or removal of permit conditions. Thereafter, a representative of the city may present evidence. The burden of proof to justify issuance of the permit or noncompliance with corrective action or removal of permit conditions is on the applicant for the permit.
(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(`64 Code, Sec. 12-1.12) (Ord. No. 2386)
Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the applicant a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall give such decision to the license collector, who shall keep the decision with the application for the permit.
(`64 Code, Sec. 12-1.13) (Ord. No. 2386)
(A) A dance, massage technician or massage establishment permit may be revoked or modified or conditions may be imposed for failure of the permittee to comply with applicable laws and regulations, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit. If a massage technician permit is revoked, the massage technician identification badge shall also be revoked.
(B) Any person, including a city officer or employee, may file with the license collector a written request for revocation or modification of a permit, stating facts showing that the permittee failed to comply with applicable laws, regulations or permit conditions.
(C) If the request is filed by a city officer or employee on behalf of a city service provider, the request shall be accompanied by a written report, stating wherein the permittee has not complied with applicable laws, regulations or permit conditions and recommending that the permit be revoked or in what respect the permit should be modified or conditioned.
(D) If the request is not filed by a city officer or employee, the request shall be accompanied by the investigation and report fee set by resolution of the city council. On receiving the request and fee, the license collector shall refer the request to the appropriate city service provider for investigation and report. The service provider shall give a written report to the license collector, stating whether the permittee has complied with applicable laws, regulations or permit conditions and recommending whether and in what respect the permit should be revoked, modified or conditioned.
(E) If the report referred to in subsection (D) of this section states no basis on which the permit should be revoked, modified or conditioned, the license collector shall mail to the permittee and to the person who filed the request for revocation or modification a notice that the permit will not be revoked, modified or conditioned and stating the reasons for that decision.
(F) If the report referred to in subsections (C) or (D) of this section states that the permittee has not complied with applicable laws, regulations or permit conditions and recommends revocation, modification or conditioning of the permit, the license collector shall mail to the permittee and to the person who filed the request for revocation or modification a notice that the permit is recommended for revocation, modification or conditioning in a specific manner and stating the reasons for that recommendation. The notice shall inform the permittee that the recommendation will be adopted and the permittee will be deemed to concur with the recommendation if the permittee does not make a written request for a hearing as provided in subsection (G) of this section.
(G) On receiving the notice referred to in subsection (F) of this section, the permittee may make a written request for a hearing. The request must be received by the license collector within 14 days after the license collector mailed the notice of recommended revocation or modification to the permittee and be accompanied by the hearing fee set by resolution of the city council. The request for hearing shall attach a copy of the notice of recommended revocation, modification or conditioning received by the permittee and shall state the reasons that the permittee alleges the notice to be incorrect.
(H) If a timely request for hearing, accompanied by the hearing fee, is received by the license collector, the procedure set out in subsections (I) through (N) of this section shall apply. If such a request is not so received, the license collector shall mail to the permittee a notice that the recommended revocation, modification or conditions have been adopted.
(I) The license collector shall send the request for hearing to the hearing officer, and the hearing officer shall set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the permittee.
(J) The hearing shall be open to the public.
(K) A representative of the city shall first present evidence to justify the proposed revocation, modification or conditioning of the permit. Thereafter, the permittee may present evidence. The burden of proof to justify revocation, modification or conditioning of the permit is on the city.
(L) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(M) Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the applicant a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall give such decision to the license collector, who shall keep the decision with the application for the permit.
(N) The permittee may seek judicial review of the decision of the hearing officer in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 12-1.15) (Ord. No. 2386, 2412, 2493, 2811)
An applicant whose application for a permit is denied, or a permittee whose permit is modified or revoked, whether or not the denial, revocation or modification was heard by a hearing officer, may not apply for the same type of permit for six months after the decision by the license collector or the hearing officer, unless the applicant or permittee demonstrates changed circumstances sufficient to justify issuance of the permit.
(`64 Code, Sec. 12-1.16) (Ord. No. 2386)
A permit shall be effective to allow the permittee to exercise the privileges conferred by the permit only after the license collector has issued a written permit. Issuance of a permit does not relieve the permittee of the continuing duty to meet the requirements of other applicable laws and regulations, including the Uniform Building, Electrical, Plumbing, Mechanical and Fire Codes, as adopted and modified by the city.
(`64 Code, Sec. 12-1.17) (Ord. No. 2386)
(A) Unless otherwise specified in the permit, dance, massage technician and massage establishment permits issued shall remain in effect until modified or revoked or until the activity for which the permit was issued ceases to be provided at the same address or facility or by the same permittee.
(B) If an expiration date is specified in the permit, the permit shall expire on that date. Unless the permit was issued for a specific event or events, a massage technician permit issued before January 1, 2012, a massage establishment permit issued before January 1, 2012, and any dance permit may be renewed in the following manner:
(1) Dance and massage establishment permits may be renewed by submitting to the license collector a renewal application, accompanied by the renewal fee set by resolution of the city council, no later than 30 days before the date the permit expires.
(2) Massage technician permits may be renewed by submitting the following to the license collector:
(a) A renewal application, accompanied by the renewal fee set by resolution of the city council, no later than 30 days before the date the permit expires;
(b) Proof of successful completion of a written practical examination administered by a certificant certified by the National Certification Board for Therapeutic Massage and Bodywork dated within one year of the date the renewal application is submitted or a certificate issued by the National Certification Board for Therapeutic Massage and Bodywork.
(C) Submittal of a renewal application less than 30 days before the date the permit expires or after the date the permit expires does not keep the permit in effect. Such an application shall be accompanied by the fee for an original application and be processed in the same manner as an original application.
(`64 Code, Sec. 12-1.18) (Ord. No. 2386, 2811, 2823, 2851)
ARTICLE V. DANCES
For the purpose of this article, the following words shall have the following meanings:
(A) PUBLIC DANCE - A dance that is not conducted in a private residence by one or more occupants thereof and attended only by persons invited by the occupant.
(B) SECURITY PERSONNEL - Any person licensed by the State pursuant to Cal. Bus. and Prof. Code, Division 3, Chapter 11.4, as a proprietary private security officer, or Chapter 11.5, as a security guard, who is uniquely attired so as to be easily identifiable to attendees of the public dance and to police officers and so as to differentiate himself/herself from attendees of the public dance, from other employees or contractors of the location where the public dance is held, and from other employees or contractors of any promoter of the public dance, and who has no duties in the public dance except duties related to security, and who has completed a police department training class on security issues.
(C) LICENSE COLLECTOR - The assistant city treasurer or designee.
(`64 Code, Sec. 12-2.1) (Ord. No. 2386, 2850, 2977)
No person shall conduct a public dance without a valid dance permit obtained pursuant to this chapter. If a public dance is held in a location that is rented or provided for consideration in any form to the person holding the public dance, the person providing the location and the person in charge of the public dance are jointly and severally responsible for obtaining a dance permit.
(`64 Code, Sec. 12-2.2) (Ord. No. 2386)
(A) A public dance permit may be issued for the duration of the city's fiscal year or for any specific day or days. If a dance permit is issued for a fiscal year, the permit shall specify the location in which public dances may be held, and the permittee shall give the police chief at least ten days' written notice of each date and time that a public dance will be held pursuant to the permit.
(B) Fees for dance permits shall be established by resolution of the city council.
(`64 Code, Sec. 12-2.3) (Ord. No. 2386)
No dance permit is required for either of the following public dances:
(A) Those sponsored by public or private schools, churches, or the city; and
(B) Those conducted by nonprofit associations, provided that the prior approval of the police chief and the fire chief has been obtained. Such approval may be conditional or may be withheld. If approval is withheld, the public dance may be held only if a dance permit is obtained.
(`64 Code, Sec. 12-2.4) (Ord. No. 2386)
Security personnel shall be present during and within one-half hour before and after the time that any music is played. Security personnel shall keep order inside and immediately outside the location where the public dance is held, including the parking areas adjacent thereto. Security personnel shall not permit loitering outside the public dance. Security personnel at a public dance shall cooperate with law enforcement officers conducting any investigation in or around the location of the public dance. One security person shall be present when 50 to 100 patrons are present, and one additional security person shall be present for each additional increment of 1 to 50 patrons, unless the dance permit is conditioned otherwise.
(`64 Code, Sec. 12-2.5) (Ord. No. 2386, 2850)
The license collector may impose reasonable conditions on dance permits relating to supervision, security, crowd control, noise, fire regulations, and the avoidance of adverse impacts on persons or activities nearby. A dance permit may be denied if problems created by the public dance cannot adequately be mitigated by conditions.
(`64 Code, Sec. 12-2.6) (Ord. No. 2386)
(A) A person under the age of 18 may attend a public dance only if no alcohol is allowed to be consumed in or about the location where the public dance is held. A person under the age of 18 who attends such a public dance shall leave the public dance no later than 10:00 p.m.
(B) The person in charge of a public dance to which persons under the age of 18 are admitted shall not permit alcohol to be consumed in or about the location where the public dance is held and shall either terminate the public dance no later than 10:00 p.m. or shall require all persons under the age of 18 to leave the public dance no later than 10:00 p.m.
(`64 Code, Sec. 12-2.8) (Ord. No. 2386)
(A) The police chief or designee may terminate any public dance that creates a public nuisance by reason of excessive noise, congestion, disturbances of the peace, or any other reason, or that is operated without a required dance permit or in violation of the conditions of a dance permit.
(B) All direct and indirect costs of providing the police response necessary to terminate the public dance shall be charged to the permittee or person presenting the dance. Such costs shall be deemed a debt to the city, and any person required to pay such costs shall be liable in an action brought in the name of the city for recovery of such costs, including reasonable attorneys' fees.
(`64 Code, Sec. 12-2.9) (Ord. No. 2386)
ARTICLE VI. ENTERTAINMENT
For the purpose of this article, the following words shall have the following meanings:
(A) ENTERTAINMENT - Any live or mechanically or electronically produced performance involving words, actions, music, sounds, animals, visual displays or other methods or devices intended to amuse, divert or please persons in the vicinity of the performance, excluding dancing for which a permit is required by article V of this chapter.
(B) BUSINESS ESTABLISHMENT - Any commercial or noncommercial venture that is open to the public and that operates inside a building or structure, as defined by the city building code; provided, however, that this definition shall not include the Oxnard Performing Arts and Convention Center.
(C) SECURITY PERSONNEL - Any person licensed by the State pursuant to Cal. Bus. and Prof. Code, Division 3, Chapter 11.4, as a proprietary private security officer, or Chapter 11.5, as a security guard, who is uniquely attired so as to be easily identifiable to attendees of the business establishment and to police officers and so as to differentiate himself/herself from attendees of the business establishment, from other employees or contractors of the business establishment, and from other employees or contractors of any entertainment promoter, and who has no duties in the business establishment except duties related to security, and who has completed a police department training class on security issues.
(D) Security personnel shall keep order inside and immediately outside the business establishment, including the parking areas adjacent thereto. Security personnel shall not permit loitering outside the business establishment.
(E) Management, employees and security personnel of a business establishment where entertainment is presented shall cooperate with law enforcement officers conducting any investigation in or around the business establishment.
(`64 Code, Sec. 12-4.1) (Ord. No. 2386, 2660, 2850)
No person is required to obtain an entertainment permit in order to present entertainment. This section does not exempt persons presenting entertainment from compliance with any other requirements, including the requirement for another permit, license or clearance, imposed by the code or by any ordinance, statute, rule or regulation.
(`64 Code, Sec. 12-4.2) (Ord. No. 2386)
Persons presenting entertainment shall comply with the following conditions:
(A) Entertainment shall be subject to and shall not exceed the sound level standards contained herein.
(B) In any business establishment in which entertainment is presented, there shall be at least ten lux of illumination at floor level at entrances, at exits and at entrance and exit access and discharge areas.
(C) If a business establishment sells or allows the consumption of alcoholic beverages on the premises, security personnel shall be present in the business establishment during the time that live entertainment is presented in the business establishment and within one-half hour before and one-half hour after such time. One security person shall be present when 50 to 100 patrons are present, and one additional security person shall be present for each additional increment of 1 to 50 patrons.
(D) Security guards shall keep order inside and immediately outside the business establishment, including the parking areas adjacent thereto. Security guards shall not permit loitering outside the business establishment.
(E) Management, employees and security guards of a business establishment where entertainment is presented shall cooperate with law enforcement officers conducting any investigation in or around the business establishment.
(`64 Code, Sec. 12-4.3) (Ord. No. 2386, 2850)
(A) The police chief or designee shall have the right to terminate any entertainment that creates a public nuisance because of noise, congestion, disturbances of the peace or any other reason, or that violates any of the conditions set out in section 11-187.
(B) All direct and indirect costs of providing the police response necessary to terminate the entertainment shall be charged to the person presenting the entertainment. Such costs shall be deemed a debt to the city, and any person required to pay such costs shall be liable in an action brought in the name of the city for recovery of such costs, including reasonable attorneys' fees.
(`64 Code, Sec. 12-4.4) (Ord. No. 2386)
ARTICLE VII. FILMING
(A) No person shall use any public or private property, facility or residence for filming, videotaping, broadcasting or photographing a person, event or activity for commercial use without first applying for and receiving a filming permit from the designated liaison, as defined herein.
(B) A business tax certificate shall be obtained pursuant to Article I of Chapter 11 of this code before a filming permit is issued unless the person, organization, or entity applying for the filming permit is exempt from paying business tax fees pursuant to section 11-9 or section 11-208(B) of this code.
(`64 Code, Sec. 12-7.1) (Ord. No. 2386, 2838)
(A) The provisions of this article shall not apply to or affect:
(1) Reporters, photographers or camera operators in the employ of a newspaper, news service, television station or similar entity engaged in broadcasting news events concerning persons, events or activities that are in the news and of general public interest;
(2) Persons filming, videotaping or photographing events or activities solely for personal noncommercial use; and
(3) Persons filming; videotaping, broadcasting or photographing, or the products thereof, that are exempt from taxation under the provisions of the Internal Revenue Code relating to charities.
(B) A permittee shall keep a copy of the filming permit on the site of the event or activity at all times.
(`64 Code, Sec. 12-7.2) (Ord. No. 2386)
The city manager shall appoint, in writing, a designated liaison and alternate designated liaison (“designated liaison”) to work with applicants for filming permits, process and issue filming permits and collect applicable fees relative thereto.
(`64 Code, Sec. 12-7.3) (Ord. No. 2386)
(A) The filming permit application form shall be the standardized form approved by the California Film Commission.
(B) The permit application form information may be provided to the designated liaison by the applicant by telephone, unless the applicant prefers to file the application in person.
(`64 Code, Sec. 12-7.4) (Ord. No. 2386)
The designated liaison shall issue filming permits within the following maximum time requirements:
(A) Two business days for approval and issuance of a standard permit;
(B) Four business days for approval of a permit involving:
(1) Traffic control on any public street;
(2) Stunts; or
(3) Special effects.
(C) Ten business days for approval of a permit involving closures of a public street or right-of-way.
(`64 Code, Sec. 12-7.6) (Ord. No. 2386)
(A) The designated liaison shall allow unlimited written riders to a filming permit that accommodate minor changes.
(B) The designated liaison shall not amend a filming permit by permit rider after completion of the event or activity.
(`64 Code, Sec. 12-7.7) (Ord. No. 2386)
(A) Filming permit application fees and filming permit fees, other than location fees, shall not exceed the actual cost of processing the application and issuing the permit. Such fees shall be established by resolution of the city council.
(B) Location use fees for public property shall be $300 for one day's use or $200 per day for two or more days' use. The designated liaison shall not collect business tax fees when location use fees for public property are collected.
(C) Before a filming permit is issued, the applicant shall pay all city fees associated with the subject event or activity.
(`64 Code, Sec. 12-7.9) (Ord. No. 2386, 2838)
(A) Before the designated liaison issues a filming permit, the applicant shall complete and submit all of the following:
(1) The standardized liability insurance form approved by the California Film Commission;
(2) Evidence of the liability insurance coverages established by the designated liaison;
(3) Evidence of workers' compensation insurance meeting all applicable State and federal requirements; and
(4) An executed indemnity agreement in a form provided by the designated liaison and approved by the city attorney.
(B) To ensure cleanup and restoration of the activity site, the designated liaison may require the applicant to post a faithful performance bond, in an amount to be determined by the designated liaison, at the time of application. On completion of the activity and inspection of the site by the designated liaison, the bond shall be returned to the applicant if all conditions of cleanup and restoration have been completed.
(`64 Code, Sec. 12-7.10) (Ord. No. 2386)
(A) If an applicant violates any provision of this article or a filming permit issued pursuant hereto, the designated liaison may revoke the permit. In such event, the permittee shall not be entitled to a refund of any fees.
(B) If an applicant cancels a filming permit or permit application after 3:00 p.m. of the last business day before the scheduled activity, the designated liaison shall charge the applicant a cancellation fee in an amount equal to half of the permit fee. If the permit fee has been paid, the designated liaison shall deduct the cancellation fee from the permit fee and return the remaining half of the permit fee to the applicant.
(`64 Code, Sec. 12-7.11) (Ord. No. 2386)
ARTICLE VIII. PERMITS TO SELL FIREARMS
(A) No person shall offer for sale, sell, or transfer any firearm without first obtaining a firearm sales permit ("permit") from the police chief.
(B) A business tax certificate shall be obtained pursuant to Article I of Chapter 11 of this code before a permit is issued unless the person, organization, or entity applying for the permit is exempt from paying business tax fees pursuant to section 11-9 of this code.
(`64 Code, Sec. 16.1-10) (Ord. No. 2411, 2838, 2961)
(A) The application for a permit shall be on a form approved by the police chief. An applicant for a permit shall file the application with the chief of police with payment of the appropriate fee as established by resolution of the city council.
(B) The fee shall not be returned whether the application is approved, conditioned or denied.
(`64 Code, Sec. 16.1-11) (Ord. No. 2411)
(A) By filing an application, the applicant consents to the police chief undertaking an investigation of the applicant and a review of the information contained in the application. Thereafter, the police chief shall approve, conditionally approve or deny the permit.
(B) The application shall include sufficient information to facilitate the investigation by the police chief, including, but not limited to, the applicant’s name and identifying information, personal references, prior business and residential address, prior law enforcement contacts, arrests, or citations.
(C) An application which is incomplete or contains false or misleading statements will be grounds to deny the application.
(D) The police chief’s investigation shall include the review of the application, police sources, private sources, as well as the applicant’s references to determine if the applicant has any history of poor or ineffective business practices, violence, questionable temperament, or mental health issues which would support a denial of the permit.
(E) If the application is approved or conditionally approved, the police chief shall issue the permit.
(F) If the application is denied or conditionally approved, the police chief shall promptly notify the applicant, in writing, of the denial or conditional approval by certified or registered mail. The applicant may request a hearing as provided for herein, to review the conditions or denial of a permit.
(G) The police chief shall include conditions upon issuance of the permit. The permit conditions shall include, but not be limited to, the times, locations, and conditions under which the permit may be used; specific operational requirements related to safety or business practices that the permittee shall follow while exercising the right under the permit; and under what circumstances the permit can be suspended or revoked.
(`64 Code, Sec. 16.1-12) (Ord. No. 2411, 2961)
(A) The police chief may suspend, revoke or modify a permit for failure of the permittee to comply with laws, regulations, or permit conditions.
(B) The police chief may suspend or revoke the permit if the applicant has been convicted of:
(1) An offense which disqualifies that person from owning or possessing a firearm under federal or State law, including, but not limited to, the offenses listed in Cal. Penal Code, Sections 29800 through 29875 and 29900 through 29905;
(2) An offense relating to the manufacture, sale, possession, or use of a firearm or dangerous or deadly weapon or ammunition therefore;
(3) An offense involving the use of force of violence upon the person of another;
(4) An offense involving theft, fraud, dishonesty, or deceit; or
(5) An offense involving the manufacture, sale, possession, or use of a controlled substance as defined by the Cal. Health and Safety Code.
(C) The police chief may suspend or revoke the permit if the applicant is within a class of persons defined in Cal. Welfare and Institutions Code, Sections 8100 or 8103, or the applicant is currently, or has been within the last five years, an unlawful user of, or addicted to, a controlled substances as defined by Cal. Health and Safety Code.
(D) The police chief shall mail to the permittee a notice of intent that the permit is proposed for suspension, revocation or modification. The notice of intent shall state the reasons for the proposed suspension, revocation, or modification.
(E) The permittee may request a hearing, as provided herein, to review the proposed suspension, revocation or modification. If such a request for hearing is not received within ten days of mailing the notice of intent, the police chief shall mail to the permittee a notice that the proposed suspension, revocation or modification is in effect. Such notice shall constitute an exhaustion of the administrative remedies available to the permittee.
(`64 Code, Sec. 16.1-13) (Ord. No. 2411, 2961)
A request for hearing shall be filed with the city clerk within 14 days of the date of the subject notice or receipt of a conditioned permit. The request shall include payment of an appropriate hearing fee established by resolution of the city council. The request shall include a copy of the notice or conditioned permit and shall state the relief sought by the person requesting the hearing.
(`64 Code, Sec. 16.1-14) (Ord. No. 2411)
On receiving a request for hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the person requesting the hearing.
(`64 Code, Sec. 16.1-15) (Ord. No. 2411)
(A) All hearings shall be open to the public.
(B) The person requesting the hearing shall first present evidence. Thereafter, a representative of the city may present evidence.
(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(`64 Code, Sec. 16.1-16) (Ord. No. 2411)
ARTICLE IX. MASSAGE
For the purpose of this article, the following words shall have the following meanings:
(A) APPLICANT - A person who is required to file an application for a massage business or establishment permit or a massage technician permit.
(B) APPROVED SCHOOL - A facility that teaches the theory, ethics, practice, profession, and work of massage therapy and that is approved by any of the following:
(1) The Bureau for Private Postsecondary and Vocational Education pursuant to former Cal. Education Code, Section 94739 prior to July 1, 2007, and as of the date on which an applicant successfully completed a minimum of 250 hours of supervised, in-class instruction;
(2) The Department of Consumer Affairs;
(3) An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following:
(a) A public institution;
(b) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Cal. Corporations Code, Title 1, Division 2, Part 2 (commencing with Section 5110) and that is not managed by any entity for profit;
(c) A for-profit institution.
(4) A college or university of the state higher education system, as defined in Cal. Education Code, Section 100850;
(5) A school of equal or greater training that is approved by the corresponding agency in another state or territory of the United States or accredited by an agency recognized by the United States Department of Education.
The term APPROVED SCHOOL shall not include a school or institution of learning offering or allowing correspondence courses not requiring actual attendance at classes.
(C) COMPENSATION - The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(D) LICENSE COLLECTOR - The assistant city treasurer or designee.
(E) MASSAGE or MASSAGE THERAPY - The application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of the external surfaces of the body with hands or with any object or appliance.
(F) MASSAGE BUSINESS or ESTABLISHMENT - Any business or establishment which offers massage or massage therapy in exchange for compensation at a fixed place of business, including any business or establishment which offers any combination of massage or massage therapy and bath facilities, including but not limited to showers, baths, wet and dry heat rooms, steam rooms, pools, and hot tubs.
(G) MASSAGE PRACTITIONER - Any person to whom a massage therapy certificate has been issued pursuant to Cal. Business and Professions Code, Section 4601, subdivision (b), paragraph (1) and who is engaged in the practice of massage therapy for compensation.
(H) MASSAGE TECHNICIAN - A person to whom a massage technician permit has been issued by the city's license collector.
(I) MASSAGE THERAPIST - Any person to whom a massage therapy certificate has been issued pursuant to Cal. Business and Professions Code, Section 4601, subdivision (c) and who is engaged in the practice of massage therapy for compensation.
(J) MASSAGE THERAPY CERTIFICATE - A certificate issued by the California Massage Therapy Council pursuant to Cal. Business and Professions Code, Section 4601, subsection (a).
(K) PERMITTEE - A person to whom a massage business or establishment permit or a massage technician permit has been issued by the city's license collector.
(Ord. No. 2811, 2823, 2851, 2977)
(A) No person shall perform massage or massage therapy without a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601.
(B) No person shall operate a massage business or establishment or allow a massage business or establishment to operate unless each person who performs massage or massage therapy at that business or establishment has a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601.
(1) Any owner or operator of a massage business or establishment who owns 5% or more of the massage business or establishment and who does not hold a valid massage therapy certificate issued pursuant to Cal. Business and Professions Code, Section 4601, shall submit an application for a background check to the license collector. Fees for background checks shall be established by resolution of the city council.
(2) An application for a background check pursuant to paragraph (1) of subdivision (B) of this section shall contain the following information:
(a) The applicant's full legal name and any name used by the applicant at any other time;
(b) The applicant's date of birth;
(c) The name and telephone number of the massage business or establishment and the street address where the massage business or establishment is to be conducted;
(d) The applicant's occupation;
(e) The employment history, with dates of employment, of the applicant for the five years preceding the date of the application;
(f) The name and address of any massage business or establishment or other similar establishment owned or operated by the applicant; and
(g) The applicant's fingerprints.
(C) Notwithstanding subdivision (A) of this section, any person who holds a valid massage technician permit as of January 1, 2012, may operate as a massage technician until such permit expires. If such permit expires before December 31, 2012, the permittee may file an application with the license collector to renew the permit, which shall expire on December 31, 2012. Fees to renew such permits shall be established by resolution of the city council.
(D) Notwithstanding subdivision (B) of this section, any person who holds a valid massage establishment permit as of January 1, 2012, may operate a massage business until such permit expires. If such permit expires before December 31, 2012, the permittee may file an application with the license collector to renew the permit, which shall expire on December 31, 2012. Fees to renew such permits shall be established by resolution of the city council.
(E) If a permittee holds a valid massage technician permit for more than one location as of January 1, 2012, the permittee must renew any permit that expires before December 31, 2012, pursuant to subdivision (C) of this section for any location where the permittee intends to provide massage therapy until such renewed permit expires.
(F) While providing any massage therapy, all massage technicians shall display in a visible location in an area between the shoulder and the waist on the front of outer clothing worn by the massage technician an identification badge issued by the license collector.
(Ord. No. 2811, 2851)
Section 11-233 of this code shall not apply to the following:
(A) Persons holding a valid certificate to practice the healing arts under the laws of the State of California, including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses and licensed vocational nurses.
(B) Barbers and cosmetologists who are licensed under the laws of the State of California while providing massage therapy within the scope of their licenses, provided that such massage therapy is limited solely to the neck, face, scalp, feet, lower limbs up to the knees, hands, and arms of their patrons.
(Ord. No. 2811, 2823, 2851)
(A) The owner and/or operator of any massage business or establishment described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and the permittee of any massage business or establishment shall obtain a city business tax certificate pursuant to Article I of Chapter 11 of this code.
(B) Any massage technician who provides massage therapy at a location away from a massage business or establishment shall obtain a city business tax certificate pursuant to Article I of Chapter 11 of this code when such massage therapy is not provided at the direction of and on behalf of a massage business or establishment that has been issued a business tax certificate as set forth is subdivision (A) above.
(C) Notwithstanding any provision set forth in Article I of Chapter 11 of this code, the city may:
(1) In the application for a business tax certificate or for the renewal of a business tax certificate, require the massage business or establishment or any permittee to provide relevant information of the activities of the business or establishment regulated by this article;
(2) Make reasonable investigations into the information so provided;
(3) Charge a business tax certificate fee sufficient to cover the costs of the business tax activities regulated by this article; and
(4) Deny, revoke, restrict, or suspend a business tax certificate for any of the following causes:
(a) An employee, agent, independent contractor, or other representative of the business or establishment or of the permittee has committed a violation of this article;
(b) An employee, agent, independent contractor, or other representative of the business or establishment has committed a violation of Cal. Business and Professions Code, Chapter 10.5, Division 2 (commencing with Section 4600); or
(c) The business or establishment or the permittee has provided materially false information in the application for a business tax certificate.
(Ord. No. 2811, 2838)
(A) Every massage business or establishment as defined in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) shall provide to the license collector a copy or other evidence of the massage therapy certificate of every person who provides massage therapy at the business or establishment prior to the commencement of massage therapy services by such person and shall maintain at the business or establishment a copy or other evidence of each such massage therapy certificate for review by local authorities.
(B) Every massage business or establishment as defined in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1) and every permittee of a massage business or establishment shall notify the license collector of any intention to rename, change management, or convey the business or establishment to another person within 15 days of such change.
(C) Every permittee of a massage business or establishment shall comply with the following requirements:
(1) Notify the license collector when the owner of the business or establishment sells or transfers the entire business or establishment to another person or when the owner of the business or establishment sells or transfers a portion of the business or establishment to another person.
(2) Provide to the license collector the names of all persons who will act as manager of the massage business or establishment prior to the commencement of massage therapy services at said massage business or establishment.
(D) Every massage technician shall notify the license collector of a change in the permittee's home address or the address of the massage business or establishment where the permittee regularly provides massage therapy services within ten days of such change.
(Ord. No. 2811, 2823)
(A) Any massage technician whose permit is issued on or after the effective date of this article, and any massage business or establishment owned and/or operated by a permittee whose permit is issued on or after the effective date of this article, shall only provide massage therapy between the hours of 8:00 a.m. and 8:00 p.m.
(B) Upon renewal of a massage technician permit or upon renewal of a massage establishment permit, massage therapy shall only be provided between the hours of 8:00 a.m. and 8:00 p.m.
(Ord. No. 2811, 2823)
(A) No massage business or establishment owned and/or operated by a permittee shall state, advertise, put out any sign, card, or other device, or represent to the public through any print or electronic media that a person who provides massage therapy at that business or establishment is certified, registered, or licensed as a "massage therapist" or "massage practitioner" if that person does not possess a valid massage therapy certificate.
(B) No massage business or establishment owned and/or operated by a permittee and no massage technician shall advertise through any print or electronic media that appears to be for adults only based on its classification, other advertising contained therein, words used within, or title.
(Ord. No. 2811)
It shall be unlawful for any massage business or establishment owned and/or operated by a permittee to employ any persons under 18 years of age or to provide massage therapy to any person under 18 years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of said minor.
(Ord. No. 2811, 2851)
The following facility requirements shall be applicable to all massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1):
(A) Separate, enclosed rooms or cubicles to provide individual space and privacy shall be provided to each customer while massage therapy is administered. Each massage room or cubicle shall contain a wash basin with hot and cold running water, soap or detergent, and a sanitary towel dispenser for use by the massage practitioner, massage therapist, or massage technician.
(B) Except where there is no staff available to assure security for massage therapy customers and massage staff who are behind closed doors, no massage therapy may be administered behind locked, closed doors.
(C) Minimum lighting in accordance with the city building code and at least one additional artificial light of not less than 40 watts shall be provided in each enclosed massage therapy room or cubicle.
(D) Massage tables with a minimum height of 18 inches shall be used for all massage therapy and shall be used only in massage therapy treatment rooms or cubicles. Beds and floor mattresses are not permitted on the premises of the business or establishment.
(E) All locker facilities that are provided for the use of customers shall be fully secured for the protection of the customer's valuables, and the customer shall be given control of the key or other means of access.
(F) Ventilation shall be in accordance with the city building code.
(G) Hot and cold running water and potable drinking water shall be accessible to customers and to staff of the massage business or establishment.
(H) Public toilet facilities shall be provided in accordance with the city building code.
(I) In each enclosed room or cubicle where massage therapy is administered and in the designated reception or payment area, a sign easily visible to customers shall be posted stating: “THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY, COUNTY, AND/OR HEALTH OFFICIALS WITHOUT PRIOR NOTICE.” Such signs shall be printed with letters that contrast against the background material and measure not less than one-half inch in height.
(Ord. No. 2811, 2823, 2851)
The following facility requirements shall be applicable to all massage businesses and establishments owned and/or operated by permittees:
(A) All requirements set forth in Sec. 11-242 above, with the exception of subdivision (B).
(B) A readable sign which complies with all applicable code requirements shall be posted at the main entrance identifying the establishment as a massage business or establishment.
(C) A sign identifying the operating hours of the massage business or establishment shall be posted in an open and conspicuous public place at the business or establishment. Customers shall be allowed inside massage businesses or establishments only during posted operating hours.
(D) No person may be inside any massage business or establishment from two hours after the posted closing time until one hour prior to the posted opening time.
(E) A list of available services and the duration and cost of such services shall be posted in an open and conspicuous public place at the business or establishment. No services shall be offered or performed at the business or establishment unless so posted, and no sums shall be charged for services other than those posted.
(F) (1) All arrangements for services to be performed shall be made in a room in the massage business or establishment that is not used for the administration of any available service. No massage technician shall, after the commencement of any service for any customer, advise, suggest, or otherwise indicate to such customer that additional services could be performed. No massage technician shall perform any service for any customer which was not requested by such customer when the initial arrangements for services were made.
(2) After arrangements for services to be performed have been made with any customer as set forth in paragraph (1) of this subdivision and prior to the commencement of any service for said customer, a written record shall be made containing the following information:
(a) The date and hour of each treatment or service;
(b) The name and address of the customer;
(c) The name of the massage practitioner, massage technician, or massage therapist who administered such treatment or services;
(d) A description of the services requested by the customer when the initial arrangements for services were made.
(3) The written records described in paragraph (2) of this subdivision shall be open to inspection upon demand only by officials charged with enforcement of this article to ensure compliance with this subdivision or any other applicable state or federal laws and shall remain confidential.
(G) If male and female customers are to be served simultaneously at the massage business or establishment, separate bathing, separate massage rooms or cubicles, separate dressing facilities, and separate toilet facilities shall be provided for male and for female customers.
(H) A massage business or establishment shall not be located within 1,000 feet of another massage business or establishment, an adult book store, or an adult movie theater, measured in a straight line from the nearest wall of the massage business or establishment to the nearest wall of the other business. The foregoing sentence does not apply to:
(1) An adult massage business or establishment, which is subject to the locational requirements of Sec. 16-337 of this code.
(2) A massage business or establishment that is operated on the same premises as another type of business, other than an adult business, and by the same persons who operate the other business; that occupies less than 30% of the square footage occupied by both businesses; and that is the source of less than 30% of the annual revenue derived from both businesses.
(I) A manager and/or permittee shall be present at the massage business or establishment at all times during operating hours. The manager and/or permittee shall be familiar with the requirements of this article and be capable of communicating the provisions of this article to employees and customers of the business or establishment.
(J) No massage therapy may be administered within any massage room or cubicle which is fitted with a door capable of being locked. The front door of the massage business or establishment and doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during operating hours and shall not be fitted with electronic locking devices.
(K) No massage business or establishment shall be equipped with any electronic videotaping or audio recording device for monitoring the activities, conversations, or other sounds in said massage business or establishment.
(Ord. No. 2811, 2823)
(A) The following health and safety requirements shall be applicable to all massage businesses and establishments described in Cal. Business and Professions Code, Section 4612, subdivision (b), paragraph (1):
(1) An adequate supply of clean sanitary towels, coverings, and linens shall be available at all times, and all massage tables shall be covered with a clean sheet or other clean covering for each customer. After a towel, covering, or linen has been used for one customer, it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Clean towels, coverings, and linens shall be stored in closed, clean, cabinets when not in use.
(2) All massage therapy rooms or cubicles, wet and dry heat rooms, steam rooms, toilet facilities, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed and each day the business or establishment is in operation. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(3) All liquids, creams, or other preparations used on or made available to customers shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a customer, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(4) All bathrobes or other garments that are provided for the use of customers shall be either fully disposable and shall not be used by more than one customer or shall be laundered and sanitized after each use.
(5) All footwear such as sandals or flip-flops that are provided for the use of customers shall be either fully disposable and shall not be used by more than one customer or shall be fully disinfected after each use.
(6) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of customers shall be either fully disposable and shall not be used by more than one customer or shall be fully disinfected after each use.
(7) The customer's genitals, pubic area, anus, and female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the business or establishment is in the massage therapy room or cubicle with the customer. No massage therapy shall be provided to a customer that results in intentional contact or occasional and repetitive contact with the genitals, anus, or areola of a customer.
(B) The following health and safety requirements shall be applicable to all massage businesses and establishments owned and/or operated by permittees:
(1) All requirements set forth in subdivision (A) of this section.
(2) Only one customer and only one massage technician shall be present in the massage room or cubicle from the time the customer enters the massage room or cubicle until the customer exits the massage room or cubicle.
(3) Notwithstanding any provision set forth in this article, only customers, managers, employees, massage technicians, and permittees shall be permitted in any massage room or cubicle or any break room or rest area during operating hours.
(Ord. No. 2811, 2823, 2851)
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