Sections:
5.16.010 Definitions.
5.16.020 Massage establishment--Permit required--Application fees and contents.
5.16.030 Facilities and operating requirements.
5.16.040 Hours of operation.
5.16.050 Display of permit.
5.16.060 Change of location.
5.16.070 Employees.
5.16.080 Inspection of facilities and financial records.
5.16.090 Records of treatment.
5.16.100 Name of business.
5.16.110 Permit procedures.
5.16.120 Issuance of permit.
5.16.130 Appeal.
5.16.140 Grounds for revocation or suspension.
5.16.150 New application after denial or revocation of permit.
5.16.160 Surrender of permits.
5.16.170 Sale or transfer.
5.16.180 Applicability of regulations to existing licensed massage establishments.
5.16.190 Violation and penalty.
5.16.200 No effect on zoning law.
5.16.210 Severability.
* Prior ordinance history: prior code §§ 9.78.010 through 9.78.190, § 9.78.210 and Ordinance 74-2-720.
For the purpose of the provisions regulating baths, sauna baths, massage establishments and similar businesses set forth in this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended:
A. "Applicant" means any person or entity desiring to obtain a permit to operate a massage establishment, and includes each and every owner of the proposed establishment. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each and every stockholder. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If a corporation or a partnership is an applicant, then the identifying information required in this section as to the "applicant" shall be provided also as to such stockholders, directors and/or partners as the case may be and a permit may be issued or denied if such stockholders, directors and/or partners do or do not satisfy the requirements and standards imposed by this chapter as to the background and character of the "applicant."
If the applicant is a corporation, a certified copy of its articles of incorporation, together with any authorizations to issue stock shall be attached to the application. If the applicant is a partnership, a certified copy of the partnership agreement, if there be one, shall be attached to the application and if the applicant be a limited partnership, a certified copy of its certificate of limited partnership shall be attached to the application.
B. "Massage" means any method of treating any of the external parts of a person including but not limited to rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet, elbows or any other part of the body, with or without the aid of any instrument or device and with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
C. "Massage establishment" means any place, including a private club or organization, where any massage, as defined in this section, is given or offered. It includes any place, including a private club or organization, wherein any person, firm, association, corporation or partnership engages in, conducts or carries on, or permits to be engaged in, conducted or carried on the business of giving or furnishing baths of any kind or type including Russian, Turkish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths.
D. "Massage technician" is any person who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, or other similar procedure.
E. "Operator" is any person who manages or who is otherwise primarily responsible for the operation of the massage establishment, and shall include each and every person responsible for establishing personnel policy, hiring personnel, ensuring that the establishment complies with the requirements of this code and of other laws, and of establishing and administering any and all policies established by the owner for the operation of the establishment.
(Ord. 81-6-872 § 1 (part))
A. Permit Required. It is unlawful for any person, association, firm, partnership, or corporation to operate or conduct a massage establishment or to permit a massage establishment to be operated or conducted, in or upon any premises within the city, or to render a massage or permit a massage to be rendered within the city at any location not licensed as a massage establishment, in accordance with the provisions set forth in this chapter.
B. Application--Fees.
1. Any applicant for a permit to operate a massage establishment shall make application to the chief of police upon a form provided by him. Such application shall be accepted only upon a showing that four hundred dollars, or such other sum as has been established by the city to cover its expenses under this chapter has been paid to the city director of finance as a fee to investigate such applicant and the proposed establishment. Where there is more than one applicant or owner of such applicant as defined in Section 5.16.010A an additional seventy-five dollars shall be paid for each additional applicant and/or owner.
2. Permits and fees required by this section shall be in addition to any license, permit or fee required under any other section or chapter of this code, including but not limited to the annual license tax and business license pursuant to Chapters 5.08 and 5.12; and a conditional use permit as required by Title 20.
C. Application--Contents. Any applicant for a permit pursuant to this chapter shall submit the following information:
1. The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;
2. The name, style and designation, which shall not reasonably suggest that any services are available except those specified in Section 5.16.010B, under which the business is to be conducted, together with its address or proposed address;
3. A complete list of the names and residence addresses of all massage technicians, employees and attendants in the business; the name and residence address of the operator, manager or other person principally in charge of the operation of the business; and the names and residence addresses of all principals of the business;
4. The full name of the applicant, including aliases, nicknames, and any other names used. In the case of a female applicant, her full name, including her maiden name and each of her married names;
5. The present address of the applicant;
6. The two previous addresses immediately prior to the present address of applicant;
7. The names and present residence address of at least five bona fide residents of the state who will attest that the applicant is of good moral character;
8. Written proof that the applicant is over the age of eighteen years;
9. The applicant's height, weight, color of eyes and hair, driver's license number, and Social Security number;
10. Two portrait photographs at least two inches by two inches;
11. The business, occupation, or employment of the applicant for the three years immediately preceding the date of the application;
12. The massage or similar business license history of the applicant, whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended and the reason therefor; and the business activity or occupation subsequent to such action of suspension or revocation;
13. Whether the applicant has ever been convicted of any crime specified in Section 51032 of the Government Code and, if so, the circumstances thereof and the sentence therefor; and
14. Such other identification and information necessary to discover the truth of the matters specified in this section as required to be set forth in application.
D. Nothing contained in this section shall be construed to deny to the police department of the city the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained in this section be construed to deny the right of said department to confirm the height and weight of the applicant.
E. Falsification of any of the above information shall be deemed sufficient reason for denial of the application.
(Ord. 81-6-872 § 1 (part))
No permit to conduct a massage establishment shall be issued unless an inspection is made under the provisions of Section 5.16.120C and it is determined that the establishment complies with each of the following minimum requirements; and a permit previously issued shall be revoked if the following facilities and operating requirements are not met:
A. All employees, massage technicians, and attendants shall wear clean outer garments whose use is restricted to the massage establishment. The garments shall provide a complete covering by fully opaque material of the genitals, genital area, buttocks and female breasts of such employees, massage technicians, and attendants.
B. No massage establishment licensed under the provisions of this chapter shall place, publish, distribute, disseminate or broadcast, or cause to be placed, published, distributed, disseminated or broadcasted, any advertising matter that would reasonably suggest to prospective patrons that any service is available other than those services described in subsection B of Section 5.16.010, nor shall any massage establishment indicate in the text of any advertising that any service is available other than those services described in subsection B. All advertisements placed, published, distributed, disseminated or broadcasted shall contain the establishment's business permit number.
C. A massage business permittee shall have the premises supervised at all times when open for business by the operator or manager. The violation upon the premises of any massage establishment of any provision of this chapter by any agent, employee or independent contractor of the holder of a massage business permit shall constitute a violation by the license holder.
D. Each massage establishment shall have at least one person who has a valid massage technician's permit on the premises at all times while the establishment is open for business.
E. The operator of a massage establishment shall maintain a register of all persons employed as massage technicians and their permit numbers. Such register shall be made available for inspection by representatives of the city at any time during the establishment's business hours.
F. A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment; provided, that all such signs shall comply with the sign requirements of the city, and such sign shall not reasonably suggest that services other than those identified in Section 5.16.010B are available.
G. Minimum lighting shall be provided in accordance with the Uniform Building Code, and at least one artificial light of not less than forty watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.
H. Minimum ventilation shall be provided in accordance with the Uniform Building Code.
I. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.
J. Hot and cold running water shall be provided at all times.
K. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen.
L. In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single, separate room, or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth, while massage services are being performed.
M. Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and female patrons.
N. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
O. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.
P. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.
Q. Proof of compliance with all applicable provisions of the Signal Hill Municipal Code shall be provided.
(Ord. 81-6-872 § 1 (part))
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