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It shall be unlawful for any person to operate, maintain or keep in the unincorporated territory of the County any bathhouse without an annual permit therefor issued by the Sheriff. The permit, or any renewal thereof, may be denied if the bathhouse operation as proposed does not comply with the provisions of this chapter, regulations adopted pursuant to this chapter, and all other applicable laws, including, but not limited to, applicable building and fire codes.
The application for a permit to operate a bathhouse shall set forth the exact nature of the baths to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant. In addition to the foregoing, any applicant for a bathhouse permit shall furnish the following information:
(a) The two previous addresses immediately prior to the present address of applicant.
(b) Written proof that the applicant is over the age of 18 years.
(c) Applicant's height, weight, color of eyes and hair.
(d) Two portrait photographs at least 2" x 2".
(e) Business, occupation, or employment of the applicant for the three years immediately preceding the date of the application.
(f) The bathhouse or similar business license history of the applicant; whether such person, in previously operating in this or another county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
(g) All criminal convictions except minor traffic violations.
(h) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
(i) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, directors and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners.
(Amended by Ord. No. 7925 (N.S.), effective 7-18-91)
(Amended by Ord. No. 7925 (N.S.), effective 7-18-91; amended by Ord. No. 9662 (N.S.), effective 8-14-04)
No permit to conduct a bathhouse shall be issued unless an inspection by the Sheriff and the Department of Environmental Health and Quality reveals that the establishment complies with each of the following minimum requirements:
(a) Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproof materials.
(1) Steam rooms and shower compartments shall have approved waterproof floors, walls and ceilings.
(2) Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. (Exception: dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.)
(3) A source of hot water shall be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
(b) Toilet facilities shall be provided in convenient locations, and every bathhouse shall provide at least one water closet. When five or more employees and patrons of each sex are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each 20 employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets in the toilet facility for males after one water closet has been provided; provided, however, that there shall be at least one water closet for each 60 employees or patrons of the male sex. All toilet rooms shall be equipped with self-closing doors opening in the direction of ingress to the toilet rooms. Toilets shall be designated as to the sex accommodated therein.
(c) Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
(d) All portions of bathhouse establishments and baths shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than 1/8 of the total floor area, or shall be provided with approved artificial light and a mechanical operating ventilating system. Areas of the bathhouse, other than those areas provided only to individual patrons, shall at all times during bathhouse operation have a direct illumination level of at least ten to twelve foot-candles of light measured 30 inches above the floor. When windows or skylights are used for ventilation, at least ½ of the total required window area shall be operable.
(Amended by Ord. No. 7925 (N.S.), effective 7-18-91; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10709 (N.S.), effective 1-15-21)
All bathhouse permittees shall comply with the following operating requirements:
(a) Every potion [portion] of a public bathhouse, including appliances, apparatus, and personnel, shall be kept clean and operated in a sanitary condition.
(b) All employees shall be clean and wear clean outer garments. Provision for separate dressing rooms for each sex must be available on the premises, with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
(c) All bathhouses shall be provided with clean laundered sheets and towels in sufficient quantities and shall be laundered between consecutive uses thereof and stored in an approved sanitary manner. No towels or sheets shall be laundered or dried in any public bathhouse unless such establishment is provided with approved laundry facilities for such laundering and drying. Approved receptacles shall be provided for the storage of soiled linens and paper towels.
(d) Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
(e) Provide educational programs for patrons in accordance with standards promulgated by the Health and Human Services Agency in consultation with the San Diego County Regional Task Force on AIDS.
(Amended by Ord. No. 7925 (N.S.), effective 7-18-91; amended by Ord. No. 10238 (N.S.), effective 1-4-13)
The Sheriff shall issue a Bathhouse Permit if all the requirements for a bathhouse described in this chapter are met and shall issue a permit to any person who has applied for a permit to operate a bathhouse unless the Sheriff finds:
(1) That the operation as proposed by the applicant, if permitted, would not comply with all applicable laws.
(2) That the applicant or any other person who will be directly engaged in the management and operation of a public bathhouse has been convicted of:
(a) An offense involving conduct which requires registration pursuant to section 290 of the Penal Code.
(b) An offense involving the use of force and violence upon the person of another that amounts to a felony.
(c) An offense involving sexual misconduct with children.
(d) An offense as defined under Sections 311, 647, subdivision (a), 647a, 315, 316, or 318 of the Penal Code of the State of California.
(e) The Sheriff shall disregard any conviction mentioned in subsections (a), (b), (c) or (d) of this section if he finds that the applicant has fully completed any sentence imposed because of such conviction and has fully complied with any conditions imposed because of such conviction, which conviction has occurred at least three years prior to the date of application and the applicant has not subsequently been convicted of any of the crimes herein mentioned nor has suffered any subsequent felony convictions involving the use of force of violence on the person of another.
State law reference(s)--Registration, Penal Code, § 290; miscellaneous violations, Penal Code, §§ 314, 315, 316, 647(a), 647(b).
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