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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).
No service enumerated in Section 66.601(a) of this chapter may be carried on within any cubicle, room, or booth, or in any area within a bathhouse by whatever designation whatsoever which is fixed with a door capable of being locked.
No private room, as hereinafter defined, shall be maintained within any bathhouse. “Private room” shall mean any enclosed space large enough for more than one person to enter with a door capable of being locked from the inside, unless one or more of the following applies:
(a) There is an opening no less than five feet for more than six feet above the floor through which the full exterior of the enclosure is viewable from the exterior; or
(b) The enclosure is not made available for use by patrons for the establishment; or
(c) No more than one person at a time is allowed to enter the enclosure, the occupancy restriction is conspicuously posted on the entrance to the enclosure, and there are no openings between any adjoining enclosures through which physical contact between persons in adjoining enclosure is possible.
(Amended by Ord. No. 7925 (N.S.), effective 7-18-91)
(a) No person shall operate a bathhouse unless employee-monitors are provided for the sole purpose of observation of activity on the bathhouse premises. At least one monitor shall be on duty at all times that the bathhouse is open.
(b) The bathhouse operator shall immediately expel from the premises any and all persons observed causing the maximum occupancy requirements of this chapter to be violated, any and all persons committing any crime on the premises, or any and all persons engaged in high risk sexual activity on the premises. For the purposes of this chapter, “high risk sexual activity” shall mean:
(1) The placing of the male penis on or into the anus, vagina or mouth of another person;
(2) The placing of the mouth of one person on the anus, vagina or penis of another person;
(3) The contact of feces or urine of one person with any part of the body of another person; or
(4) The entry of any part of the body of one person into the anus or vagina of another person.
(Amended by Ord. No. 7925 (N.S.), effective 7-18-91)
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