Sections:
4.56.010 Purpose and intent.
4.56.020 Definitions.
4.56.030 Hot tub/sauna establishment license required.
4.56.040 Hot tub/sauna establishment license application fee.
4.56.050 Application for hot tub/sauna establishment license.
4.56.060 Hot tub/sauna establishment employee permit required.
4.56.070 Hot tub/sauna establishment employee application fee.
4.56.080 Application for hot tub/sauna establishment employee permit.
4.56.090 Appeal.
4.56.100 Hot tub/sauna establishment and operations requirements.
4.56.110 Inspection by officials.
4.56.120 Business name.
4.56.130 Business location change.
4.56.140 Sale or transfer of hot tub/sauna establishment interest.
4.56.150 Display of permits, licenses.
4.56.160 Grounds for denial, probation, and disciplinary action.
4.56.170 Hearing.
4.56.180 Application to existing establishments and employees.
4.56.190 Application of other code provisions.
4.56.200 Employment of persons under the age of eighteen years prohibited.
It is the purpose and intent of this chapter to provide for the orderly regulation of hot tub/sauna establishments and hot tub/sauna establishment employees, as defined in this chapter in the interests of the public health, safety and welfare by providing certain minimum building, sanitation and health standards for hot tub/sauna establishments and by providing certain minimum standards and regulations regarding the conduct and activities of the owners and employees of hot tub/sauna establishments.
(Ord. 3113 § 1 (part), 1979)
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings given them in this section:
(a) "Hot tub/sauna establishment" means any establishment having a fixed place of business where any person, as defined in this section, for compensation, engages in, conducts, carries on or permits to be engaged in, conducted or carried on any of the following as the principal functions; provided, that any establishment wherein any employee provides any services defined as massage or adult entertainment by Sections 4.54.020 or 4.55.020 shall be licensed pursuant to the provisions of Chapters 4.54 or 4.55, respectively.
(1) Where Russian, Turkish, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, alcohol or baths of any kind whatsoever are furnished or made available; and/or
(2) Where the public has access, on a rental basis, to private rooms or suites located within the establishment, in which are located or provided hot tubs, jacuzzis, saunas, showers, similar and/or related facilities, or any combination thereof.
The term "hot tub/sauna establishment" does not include licensed hospitals, nursing homes, sanitaria, or individuals holding a valid certificate to practice the healing arts under the laws of the state of California, or individuals working under the direction of any such certificated persons. The term "hot tub/sauna establishment" does not include any type of a privately owned and operated health spa, gymnasium or exercise facility where the primary purpose of the establishment is the offering of exercise or physical fitness equipment and facilities to prospective patrons; even though such establishment may have, on its premises, facilities for hot baths, and/or hot tubs, jacuzzis, saunas and related facilities for the incidental use of patrons.
(b) "Hot tub/sauna establishment employee" means every owner, partner, manager, supervisor, employee or any other person, whether paid or not, who renders personal services of any type in the operation of a hot tub/sauna establishment.
(c) "License" means the license to operate a hot/tub sauna establishment as required by this chapter.
(d) "Permit" means the permit to engage in the activities of a hot tub/sauna establishment employee as required by this chapter.
(e) "Person" means any individual, partnership, firm, association. joint venture, corporation. or combination of individuals.
Whenever, in this chapter, the singular form of any of the terms defined in this section is used, the same includes the plural form of such term.
(Ord. 3113 § 1 (part), 1979)
It is unlawful for any person to engage in, conduct or carry on, in or upon any premises within the city the operation of a hot tub/sauna establishment without the license obtained from the chief of police as required by this chapter. A. hot tub/sauna establishment license shall be issued to any person who has complied with the requirements of Sections 4.56.050 and 4.56.110, and all applicable provisions of the code; unless grounds for denial of such license are found to exist. In addition to those set forth in Section 4.04.140, grounds for denial shall include:
(a) The applicant made a material misstatement in the application for a license;
(b) The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or any violations of Sections 311 through 311.7, 313.1, 314, 315, 316, 318, or 647(a), 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence;
(c) That the operation of a hot tub/sauna establishment, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations;
(d) That the operation of the proposed hot tub/sauna establishment is likely to be injurious to the health, safety and welfare of the people of the city;
(e) That the applicant is lacking in the background and qualifications to conduct a bona fide hot tub/sauna establishment; or
(f) That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of hot tub/sauna or related establishments.
(Ord. 3113 § 1 (part), 1979)
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