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Signal Hill Municipal Code
SIGNAL HILL, CALIFORNIA MUNICIPAL CODE
PREFACE
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (Reserved)
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 (Reserved)
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 (Reserved)
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC UTILITIES
Title 14 (Reserved)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 OIL AND GAS CODE*
Title 17 TRAILER PARKS
Title 18 SUBDIVISIONS*
Title 19 (Reserved)
Title 20 ZONING
Title 21 PUBLIC DEDICATION REQUIREMENTS AND IMPROVEMENT FEES TO BE PAID BY DEVELOPMENT PROJECTS
STATUTORY REFERENCES FOR CALIFORNIA CITIES
PRIOR CODE CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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5.16.130   Appeal.
   Upon any permit required by this chapter being refused, or suspended or revoked, as specified in this chapter, the applicant or permittee may, within fifteen days after notice thereof has been sent by registered or certified mail, file a written request with the city clerk for a hearing by the council to review such refusal, suspension or revocation. Upon the filing of such a request, the city clerk shall set such hearing within forty-five days and, unless waived in writing by such person, shall serve a notice of the time and place thereof by registered or certified mail to the person making such request at the address shown therein at least fifteen days in advance of such hearing. The council may affirm the denial, revocation, or suspension, or order the issuance, or reinstatement of any permit. The applicant shall have the right to: present witnesses on his behalf; cross-examine witnesses; and present evidence and shall have the right to a full and fair determination according to the evidence.
(Ord. 81-6-872 § 1 (part))
5.16.140   Grounds for revocation or suspension.
   A.   The chief of police may revoke or suspend any permit issued under this chapter at any time upon a determination that there has been a material false statement made in the application; that there has been a transfer of an ownership interest in the establishment or any entity which may own it; that there has been false, misleading or deceptive advertising as specified in this chapter; that there has been a failure to correctly keep and make the records specified in Section 5.16.080 available for inspection; that there has been a failure to comply with the provisions of this chapter or of any law of the state regulating massage establishments or massage technicians; that the permittee, any other applicant under the application, or any operator or massage technician of such massage establishment has been convicted of a crime specified in Section 51032 of the Government Code as amended from time to time; or that such massage establishment has been operated in a manner which endangers the patrons thereof or the public welfare. Any suspended permit must either be reinstated or revoked by the chief of police within ninety days after the date of suspension thereof.
   B.   Notice of any such decision to suspend or revoke shall be given in writing served by registered or certified mail to the permittee and shall only be final and effective at the end of the fifteenth day after such service unless the permittee has theretofore filed an appeal therefrom with the council, which shall then hold a de novo hearing in accordance with the provisions of Section 5.16.140 at which the chief of police shall have the burden of proof.
(Ord. 81-6-872 § 1 (part))
5.16.150   New application after denial or revocation of permit.
   No person may apply for a permit under this chapter within one year from denial of a permit to such applicant or within one year from the revocation of a permit issued to such permittee, unless the cause of the denial or revocation has been, to the satisfaction of the chief of police or council, removed within such time.
(Ord. 81-6-872 § 1 (part))
5.16.160   Surrender of permits.
   Each person to whom a permit has been issued under this chapter shall immediately surrender his permit to the chief of police upon its revocation or suspension.
(Ord. 81-6-872 § 1 (part))
5.16.170   Sale or transfer.
   Upon the sale or transfer of any interest in a massage establishment or any entity owning such massage establishment, the permit issued pursuant to this chapter shall be null and void unless the sale or transaction is to an applicant shown on the application for the permit pursuant to which the establishment was operated. A new application under this chapter shall be made by any person, firm, or entity desiring to own or operate such massage establishment.
(Ord. 81-6-872 § 1 (part))
5.16.180   Applicability of regulations to existing licensed massage establishments.
   A.   All persons who possess an outstanding permit heretofore issued by the city to operate a massage establishment must apply for a permit and shall be issued a license or permit within ninety days of the effective date of the ordinance codified in this chapter if they qualify under the provisions of this chapter, and in any event any permits issued under this chapter prior to the effective date of the ordinance codified in this chapter shall be null and void upon the passage of ninety days from the effective date hereof.
   B.   As to any existing and properly licensed massage establishments as of the effective date of the ordinance codified in this chapter, and pending the application and the issuance of or denial of a permit under this chapter as above specified, the provisions of Sections 5.16.010, 5.16.020, 5.16.030, 5.16.040, 5.16.050, 5.16.060, 5.16.070, 5.16.080, 5.16.090, 5.16.100, 5.16.130, 5.16.140, 5.16.150, 5.16.160, 5.16.170, 5.16.190, 5.16.200 and 5.16.210 shall apply to such existing establishments licensed under the terms of this chapter prior to the amendments effected by this chapter.
(Ord. 81-6-872 § 1 (part))
5.16.190   Violation and penalty.
   A.   Every person, except those persons who are specifically exempted by particular provisions in this chapter, whether acting as an individual, owner, employee of the owner, operator, or employee of the operator, or whether acting as an attendant for the owner, employee, or operator, or whether acting as a participant or worker in any way, who does or practices any of the other things or acts mentioned in this chapter for which a permit is required without first obtaining a valid permit from the city is guilty of a misdemeanor and shall be punished in accordance with Section 1.16.010.
   B.   Any owner, operator, manager, or permittee in charge of or in control of a massage establishment who knowingly employs a person who performs or offers to perform a massage as defined in this chapter who is not in possession of a permit under Chapter 5.17 is guilty of a misdemeanor and shall be punished in accordance with Section 1.16.010; and the massage establishment permit issued under this chapter shall be revoked.
   C.   Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and he shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting, or maintaining a massage establishment contrary to the provisions of this chapter.
   D.   Any failure or refusal of the owner, operator, manager, or permittee under this chapter to allow premises inspections or to make immediately available for inspection the records and documents specified by this chapter upon demand by the chief of police or his designated representative during the operating hours of an establishment shall be a violation of the provisions of this chapter and shall be grounds for revocation or suspension of the massage establishment permit pursuant to which the establishment is operated.
(Ord. 81-6-872 § 1 (part))
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