HomeMy WebLinkAboutCC ORD 2002-2204 Adds § 10.26.070, cardrooms prohibited, Ch. 10.27, regulating bingo, Chs. 10.70, 10.73, 10.74, 10.79, police regulated businesses; repeals Chs. 6.26, 6.28, 6.36, 6.41, 6.42, 6.43, 6.50, 6.58 (10.26, 10.27, 10.70, 10.73, 10.74, 10.79)ORDINANCE NO. 2002 — 2204
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE
BY REPEALING CHAPTERS 6.26 (CARDROOMS),
6.28 (CARNIVALS, CIRCUSES AND SHOWS),
6.36 (ESCORT SERVICES), 6.41 (GAMES OF CHANCE),
6.42 (BINGO), 6.43 (LIVE ENTERTAINMENT),
6.50 (MASSAGE ESTABLISHMENTS) AND 6.58 (PEEP SHOWS);
AMENDING TITLE 10 BY AMENDING CHAP 1'hR 10.26 TO PROHIBIT
CARDROOMS; ADDING CHAPTER 10.27 REGULATING BINGO;
AND ADDING DIVISION X, CHAPTERS 10.70 THROUGH 10.79
RELATING TO POLICE REGULATED BUSINESSES
BE IT ORDAINED by the City Council of the City of National City that the National
City Municipal Code is amended as follows:
Section 1. That Title 6 is amended by repealing the following chapters:
Chapter 6.26 Cardrooms
Chapter 6.28 Carnivals, circuses and shows
Chapter 6.36 Escort services
Chapter 6.41 Games of chance
Chapter 6.42 Bingo
Chapter 6.43 Live entertainment
Chapter 6.50 Massage establishments
Chapter 6.58 Peep shows
Section 2.
as follows:
That Title 10, Chapter 10.26 is amended by adding Section 10.26.070 to read
10 76 070 ('ardrnoms prnhihiterl-Misdemeanor A. It is unlawful for any person to
establish, open, keep, carry on, maintain, or assist in carrying on or maintaining any cardroom, premises
or place in the city where any card table or other apparatus or place intended, designed, used or
designated to be used for the playing of card games is kept for hire. Any person violating this section is
guilty of a misdemeanor. Every act in violation of this section is, for each day of its continuance, a
separate misdemeanor.
B. As used in Section 10.26.070A, the term "for hire" means the payment or transfer of
money or thing of any value to the owner, lessee or an employee or any other person in actual or
apparent control of a premises for the purpose of the payor, transferor or a third party on behalf of the
payor or transferor being allowed to play cards.
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Section 3. That Chapter 10.27 is added to read as follows:
Chapter 10 77
BINGO
Sections-
10.27.010 Bingo authorized.
10.27.020 Definitions.
10.27.030 License required.
10.27.040 Application.
10.27.050 Fee for license.
10.27.060 Application investigation.
10.27.070 License not transferable.
10.27.080 Limitations.
10.27.090 Inspection.
10.27.100 Denial, suspension or revocation of permit.
10.27.110 Appeals.
10.27.120 Violations and penalties.
10 27.010 Bingo authorized This chapter is renumbered from Chapter 6.42 and
thereby readopted and recodified into Title 10 as Chapter 10.27 pursuant to Section 19 of Article IV
of the California Constitution in order to make the game of bingo lawful under the terms and
conditions in this chapter.
10 77 020 Definitions. Whenever the following terms are used in this chapter, they
shall have the meanings respectively ascribed to them in this section.
A. "Bingo" means a game of chance in which prizes are awarded on the basis of
designated numbers or symbols on a card that conform to numbers or symbols selected at random.
B. "Eligible organization" means an organization exempted from the payment of the
bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g),
and 23701(1) of the Revenue and Taxation Code and mobile home park associations and senior
citizens organizations.
C. "Minor" means any person under the age of eighteen years.
10 27 030 License required It is unlawful for any person to conduct any bingo game in
the city unless such person is both a member of, and acting on behalf of, an eligible organization, as
described in subsection B of Section 10.27.020, and has been issued a license as provided by this
chapter.
10 77 040 Application. Application for license shall be made to the city finance officer
on prescribed forms, and filed not less than ten days prior to the proposed date of the bingo game or
games. Such application form shall require from the applicant at least the following:
A. A list of all members who will operate the bingo game, including full names of each
member, date of birth, place of birth, physical description and driver's license number;
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B. The date(s) and place(s) of the proposed bingo game or games;
C. Proof that the organization is an eligible organization, as defined by this chapter.
D. Certification that the proceeds from the game(s) will only be used for charitable
purposes.
10 27 050 Fee for license. The fee for an annual bingo license and each annual renewal
shall be fifty dollars. The appropriate fee shall accompany the submission of each application. If
an application for a license is denied, one-half of any license fee paid shall be refunded to the
applicant.
10 27.060 Application investigation. Upon receipt of an application for a license, the
city finance officer is responsible for routing copies of such application to any appropriate office
necessary to carry out a proper investigation of the applicant.
The Chief of Police and every other officer and/or department to which an application is
referred shall investigate the truth of the matters set forth in the application, the character of the
applicant, and may examine the premises to be used for the bingo game.
Upon approval of any application for a bingo license, the city finance officer shall issue the
license.
10 27 070 T .icense not transferable Each license issued hereunder shall be issued to a
specific person on behalf of a specific eligible organization to conduct a bingo game at a specific
location and shall not be transferable from one person to another nor from one location to another.
10 27.080 limitations An applicant shall prove that the organization is an eligible
organization. An eligible organization shall conduct a bingo game only on property owned or
leased by it, which property is used by that organization for an office or for performance of the
purposes for which the organization is organized. Nothing in this subdivision shall be construed to
require that the property owned or leased by the organization be used or leased exclusively by such
organization. Proceeds from the game(s) shall only be used for charitable purposes.
10 27.090 Inspection. Any peace officer of the city shall have free access to inspect
any bingo game licensed under this chapter. The licensee shall have the bingo license and the lists
of approved staff available for inspection at all times during any bingo game.
10.27 100 Denial, suspension or revocation of permit The City finance officer may
deny an application, or may suspend or revoke an issued permit if the licensee has:
A. Knowingly made a false, misleading or fraudulent statement of a material fact in
connection with the application; or
B. Violated any of the provisions of this Chapter 10.27.
The city finance officer shall issue a written notice of decision to the licensee or applicant
within five (5) business days following the action. Notice is effective when personally delivered or
mailed to the address shown on the application or license.
1027 110 Appeals. Appeals from action taken by the finance officer under Section
10.27.100 and the procedures on appeal shall conform to the provisions of Section 10.70.060.
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10 27 120 Violations and penalties A. It is unlawful for any person to receive a profit,
wage or salary from any bingo game authorized by this chapter.
B. Any person violating any of the provisions or failing to comply with any of the
requirements of this chapter is guilty of an infraction and, upon conviction thereof, shall be punishable
as set forth in Section 1.20.010.
C. All sanctions provided in this chapter shall be cumulative with and not exclusive of any
civil or administrative remedy or penalty.
Section 4. That Title 10 is amended by adding "Division X — Police Regulated
Businesses" and a Table of Contents for Chapters 10.70 —10.79 as follows:
Division X
Chapters-
10.70
10.73
10.74
10.79
Police Regulated Businesses
Police regulated business regulations
Live entertainment at adult oriented entertainment establishments
Escort services
Massage establishments
Section 5. That Chapter 10.70 is added to read as follows:
CT-TAPTFR 10 70
POT,TCE REM TI.ATET) RTIS1NF,SS RF.GT 11,A TTONS.
Sections.
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10.70.010 Purpose and intent —Permit required.
10.70.020 Definitions.
10.70.030 Applications.
10.70.040 Investigation.
10.70.050 Permit issuance or denial.
10.70.060 Notice of decision.
10.70.070 Appeal.
10.70.080 Suspension and revocation.
10.70.090 Posting or exhibiting.
10.70.100 Inspection of licensed premises.
10.70.110 Duration.
10.70.120 Transfer of permit.
10.70.130 Transition provisions.
10.70.140 Public nuisance.
10.70.150 Violations and regulatory enforcement.
10.70.160 Severability.
4 Police Regulated Businesses
10 70 010 Purpose and intent —Permit require."' It is the purpose and intent of the
City Council to establish procedures for permit issuance and regulation of certain businesses and
activities as police regulated for the protection of the public health, safety and welfare. Businesses
identified in this Division X (Chapters 10.70 through 10.79) have a higher degree of potential for one
or more types of illicit activity - prostitution, gambling, fraudulent practices, or the concealment or
facilitation of transfers of stolen property. Therefore, regulation of the operations of these
establishments is appropriate to protect legitimate business practice and the public health, safety and
welfare.
B. A business, activity or a performer or technician which is identified in Chapter 10.71
through 10.79 is designated a "regulated business," "regulated activity," "regulated performer" or
"regulated technician," as the case may be, and the specific regulations applicable to their conduct are
set out in Chapters 10.71 through 10.79. The procedures set out in this Chapter 10.70 shall uniformly
govern the administration and appeals process regarding the issuance, denial, suspension or revocation
of any permit required to operate as a regulated business or activity or as a regulated performer or
technician pursuant to Chapters 10.71 through 10.79.
C. The issuance of a permit pursuant to this Chapter 10.70 does not excuse a regulated
business, activity, performer or technician from complying with any other revenue or regulatory
requirement of the Municipal Code or State law. The issuance of a certificate or permit under other
provisions does not excuse compliance with or create a defense to any violation of the requirements of
this Chapter 10.70 or Chapters 10.71 through 10.79, as applicable, or any other provisions of law or
ordinance.
D. It is unlawful for any person to operate a business or activity or perform or practice as
a performer or technician regulated by this Chapter 10.70 and Chapters 10.71 through 10.79, as
applicable, without a valid permit issued by the Chief of Police, or to operate, perform or practice while
the permit is suspended or revoked. Each day a violation of this Section 10.70.010D exists constitutes
a separate misdemeanor.
10 70 020 Definitions For purposes of Chapters 10.70 through 10.79, the following
definitions shall apply: "Person" means and includes a natural person, a partnership, joint venture or a
corporation. "Applicant" or "permitted" means: a natural person; and in the case of a corporation, its
officers, directors and any shareholder owning more than 5% of any stock; and in the case of a
partnership, its general partners.
10 70 030 Applications A. Any person required to obtain a permit pursuant to Chapters
10.71 through 10.79 shall file a written application with the Chief of Police and pay the regulatory fees
set forth in the National City Fee Schedule. The applicant shall provide proof of payment of any
regulatory fees imposed by the State of California or County of San Diego contemporaneously with the
filing. Written application forms prepared by the Chief of Police may require the applicant to be
photographed, finger printed and to provide, in addition to the information listed below, such other
information as is reasonably necessary to carry out the purposes of this chapter. The application form
shall be approved as to form by the city attorney.
B. An applicant for a permit shall submit the following information:
1. The full name and present address of applicant;
2. The previous addresses of the applicant for the three (3) years immediately
prior to the date of the application and the dates of residence at each;
3. Written proof that the applicant is over the age of eighteen (18) years;
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4. Applicant's height, weight, color of eyes and hair;
5. Three recent portrait photographs at least two inches by two inches taken
within the preceding six (6) months, which accurately depict the current appearance of the
applicant;
6. Business, occupation or employment history of the applicant for the three (3)
years immediately proceeding the date of the application;
7. The business license and permit history of the applicant, including whether
the applicant when previously operating in this or another city or state under a license or permit, has
had that license or permit suspended or revoked, the reason therefore, and the business activity or
occupation subsequent to the suspension or revocation;
8. All arrests and/or convictions in each applicable jurisdiction for the
preceding five years, except minor traffic offenses, with full explanation of the circumstances;
9. If an 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 its officers, directors and each stockholder holding more than five percent of the stock of
the corporation. If an applicant is a partnership, the application shall set forth the name and
residence address of each of the partners, including limited partners.
10. An acknowledgement that the applicant consents to periodic inspection of
the regulated premises or activity, and that revocation of the permit may occur for any unjustified
refusal to allow the same.
11. An acknowledgement that the applicant has received a copy of Chapter
10.70 and any applicable chapter from Chapters 10.71 through 10.79 which regulate the business or
activity of the applicant.
10 70 040 Investigation. The Chief of Police, upon receipt of a written application for
a permit and payment of the necessary fees shall promptly conduct an appropriate investigation to
determine whether a permit should be issued in accordance with the provisions of this chapter. The
Chief of Police shall consider any relevant factual material relating to such application.
10 70 050 Permit issuance or denial A. Issuance. The Chief of Police shall issue a
permit, based upon investigation, if he or she finds:
1. That the operation or the premises of the activity, as proposed by the
applicant, if permitted, would not violate any applicable laws, including but not limited to the city's
building, zoning and health regulations; and
2. That the applicant, any other person who will be directly engaged in the
management and operation of the regulated business or activity, or an applicant who is to partici-
pate or perform services as a regulated technician or performer:
a. Has not been convicted in any court of competent jurisdiction by a
final judgment of any misdemeanor or felony, within the five years preceding the date of
application, which rationally and reasonably relates to the conduct of the regulated activity; and
b. Has not allowed acts to occur in prior business operations for the
preceding five years which would violate those sections of the Penal Code listed in Section
10.70.050A.2.d, irrespective of a conviction or acquittal; and
c. Has not had a permit to operate a business that is or would be
regulated pursuant to Chapters 10.70 through 10.79 suspended or revoked in any jurisdiction,
within the preceding five years; and
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d. Within the five (5) years immediately preceding the date of the filing
of the application, has not been convicted in a court of competent jurisdiction of any of the
following offenses:
(1) An offense that requires registration under California Penal
Code Section 290;
(2) An offense which is a violation 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;
(3) An offense that is a reduction from any offense listed in
Section 10.70.050A.2.d. (1) or (2) to some other offense under the Penal Code which would not
require registration, pursuant to a plea of guilty negotiated prior to trial; or
(4) Any misdemeanor or felony involving theft of property; and
3. That the applicant has not knowingly made any false, misleading or
fraudulent material statement of fact in the permit application, or any other related document
required by the City in connection with the application.
B. Timeliness and conditional issuance of permit. Upon receipt of a properly
completed application, the Chief of Police shall either approve or deny the application within 30
days. If the Chief of Police is awaiting investigation results from another governmental agency
within those thirty (30) days, the Chief shall issue a revocable conditional permit on the 30th day if a
local records check fails to disclose any disqualifying information and the operation would
otherwise be in compliance with all other applicable laws and regulations; except that a revocable
conditional permit shall not be issued to an escort or massage technician or operator until it
affirmatively appears that there is no disqualifying information, in order to avoid the potential for
physical harm to a potential patron pending final action. Any revocable conditional permit shall be
revoked if further investigation discloses the existence of a disqualifying factor under this Section
10.70.050.
C. Denial. If the Chief of Police finds any of the facts set forth in subsection A exist,
no permit shall be issued.
10 70 060 Notice of decision Upon taking final action to issue or deny a permit appli-
cation, or to suspend or revoke a permit under Section 10.70.080, the Chief of Police shall
immediately give written notice of decision and the reasons to the applicant and to any other person
requesting such notice. The notice of decision shall inform the applicant or permittee of the right to
appeal under Section 10.70.070 and the time limits prescribed for such review. The Chief of Police
or designate shall file a proof of service with the City Clerk establishing the method and date of
service. The issuance of the notice of decision shall begin the running of any period of limitation
for City Council or judicial review under Section 10.70.070 as follows:
(a) Three (3) calendar days after mailing a notice of decision to the address
shown on the application by both first class mail, postage prepaid with return address clearly
marked, and by certified mail, return receipt requested. Receipt of either by the addressee shall
constitute service of notice. Actual receipt, however, shall not be a pre -requisite to the running of
any period of limitation.
(b) Immediately upon personal service or personal delivery of the notice of
decision to the applicant.
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10.70 070 Appeal A. Any applicant or permittee aggrieved by the decision of the
Chief of Police regarding the issuance, conditional issuance, suspension, revocation or denial of a
permit, shall have a right to appeal to the City Council or to seek direct judicial review.
B. An appeal to the City Council must be perfected within fifteen (15) calendar days
after the service of a notice of decision by filing a letter of appeal with the City Clerk stating the
basis for the appeal. No fee shall be required for an appeal to the City Council. Upon receipt of the
letter of appeal, the City Clerk shall immediately set the matter for consideration by the City
Council at its next regularly scheduled meeting. The City Clerk shall give the appealing party, and
any other person requesting the same, at least five (5) calendar days written notice of the time and
place of such hearing.
C. At the time and place set for the hearing, the City Council shall give the appealing
party and any other interested party a reasonable opportunity to be heard and show cause why the
determination of the Chief of Police should not be upheld. After the Chief of Police or designee
has presented the statement of facts upon which the determination was made, the burden to show
that the action taken by the Chief of Police was not based on substantial evidence, or was
arbitrary, capricious or unjustified shall be upon the appealing party. The determination of the
City Council shall be final and conclusive and shall constitute the exhaustion of administrative
remedy. The written determination of the City Council shall be served upon the appealing party
by the City Clerk. Service shall conform to Section 10.70.060, and shall govern the
commencement of any period of limitation for judicial review under Code of Civil Procedure
Sections 1094.6 or 1094.8, whichever is applicable.
D. If the appealing party does not appeal to the City Council within the fifteen day
period, the applicant shall be limited to the filing of a writ of mandamus within the time limits
specified in Code of Civil Procedure Section 1094.6, or any lesser period of time prescribed under
Code of Civil Procedure Section 1094.8 for the review of administrative licensing or permit actions.
When direct judicial review is applicable, the decision of the Chief of Police is deemed a final
administrative action and shall constitute the exhaustion of administrative remedy.
10 70.080 Suspension and revocation. A. The Chief of Police shall suspend or revoke
any permit issued under the provisions of this chapter if he or she finds that:
1, The operation conducted by the permittee violates any applicable laws,
including but not limited to the city's building, zoning and health regulations and Chapters 10.70
through 10.79, as applicable; or
2. The permittee (including a regulated performer or technician) or any other
person who is directly engaged in the management and operation of the regulated business has,
while the permit is in effect:
a. Allowed, committed or been convicted of an act that constitutes a
violation of law which rationally and reasonably relates to the conduct of the regulated activity; or
b. Allowed or committed acts listed in Section 10.70.050A.2 to occur at
a regulated business, irrespective of adjudication, conviction or acquittal; or
c. Allowed a regulated performer or technician with a contagious or
communicable disease to perform services under the auspices of the permittee; or
3. The permittee had knowingly made a false, misleading or fraudulent,
material statement of fact in the permit application or any other document required in connection
with the application.
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B. The Chief of Police shall serve the permittee with a written order stating the reasons
for the suspension or revocation. The order may be for a limited period, not to exceed ninety (90)
days, or for permanent revocation. The order shall advise the permittee of appeal rights under
Section 10.70.070. The Chief of Police may issue the order without regard to the status of
prosecution or finality of a conviction affecting a permittee, so long as the Chief of Police has
determined that sufficient facts exist to justify the suspension. The order shall be effective
immediately if personally served, or seventy-two (72) hours after it has been deposited in the course
of regular transmission in the United States Postal Service.
C. Immediately upon the order becoming effective, the permittee shall cease all
operations under the permit, and surrender the permit to the Chief of Police.
D. Only when an appeal is taken to the City Council shall the order of suspension or
revocation be stayed pending determination by the City Council in the manner set forth in Section
10.70.070 of this chapter. The determination of the City Council will be final and conclusive and
constitute the exhaustion of administrative remedies. The decision shall advise the permittee of the
time limits in which to commence an action for judicial review, as set forth in Section 10.70.060. If
the permittee elects judicial review in lieu of an appeal to the Council, however, then the order of
the Chief of Police shall be deemed a final order constituting the exhaustion of administrative
remedy, and the commencement of time within which to file for judicial review.
10 70 090 Posting or exhibiting. A. Permits issued to an operator shall be posted in
plain view at the main entrance to the premises where the business or activity for which the permit
is issued is conducted, and shall remain posted while the permit is in force.
B. Permits issued to a regulated performer or technician shall be carried on their
person, except that the permit of a regulated performer or technician may instead be posted on the
regulated premises together with the permit issued for the regulated business or activity.
C. It is unlawful and a misdemeanor for any person subject to this chapter or Chapters
10.71 through 10.79 to fail to post or carry an issued permit as required by this section, or to fail to
exhibit an issued permit upon demand of the Chief of Police or other designated officer.
10 70 100 Inspection of premises. A. Issuance of a police permit is conditional upon
the premises regulated under Chapter 10.71 through 10.79 being available for reasonable inspection
by the Chief of Police, the Health Officer or city code compliance officials following approval of
the application and during the operating hours of the regulated business or activity. Refusal to
allow reasonable inspection during operating hours upon demand of an authorized official is
grounds for the suspension or revocation of an issued permit, or the denial of an application for a
permit. No application shall be granted if the premises do not meet applicable requirements of law
or ordinance.
B. If necessary or appropriate, the official may obtain an inspection warrant after
inspection has been denied. Inspection pursuant to an issued inspection warrant does not mitigate
or exonerate the suspension or revocation of the permit.
C. The County Health officer is authorized to charge inspection fees established within
the applicable fee schedule of the County of San Diego or the National City Fee Schedule.
10 70 110 Duration. Unless provided otherwise in Chapters 10.71 through 10.79,
permits issued pursuant to this chapter remain valid until revoked, surrendered or abandoned.
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1070120 Transfer of permit It is unlawful to transfer a permit from one person to
another or to use a permit at another location except with the written approval of the Chief of
Police. An application for transfer shall be in writing and accompanied by a processing fee
established in the National City Fee Schedule. The application for transfer shall contain the same
information required for an initial application for a permit. Any transfer of a permit in violation of
this Section 10.70.120 is void and shall confer no rights upon the transferee nor create any
obligation upon the City to honor the transfer or to afford notification or appeal rights under
Sections 10.70.060 or 10.70.070 to either the transferor or the transferee.
10.70 110 Transition provisions A. A business lawfully conducting business in
the city as of the effective date of this Chapter 10.70 that is to be regulated by Chapters 10.71
through 10.79 will be issued an appropriate police permit by the Chief of Police without further
payment of fees, provided the business or activity was otherwise in compliance with the regulatory
and fiscal provisions of the Municipal Code in effect immediately prior to the enactment of this
ordinance. Permits issued pursuant to this Section 10.70.130A shall thereafter be fully subject to
the provisions of Chapter 10.70 and Chapters 10.71 through 10.79, as applicable, regarding
administration, operation and licensing.
B. An existing business that does not meet the compliance standards for permit
issuance under Section 10.70.130A, and all new businesses commencing operations shall comply
with Chapter 10.70 and Chapters 10.71 through 10.79, as applicable.
1070140 Public nuisance Each regulated business or any business that is required to
be regulated that operates in violation of Chapter 10.70 through 10.79, as may be applicable, is a
public nuisance and may be enjoined civilly or administratively. In addition, and to the extent not
expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public
nuisance.
10 70 150 Violations and regulatory enforcement Violation of any of the mandatory
requirements or prohibitions contained in Chapters 10.70 through 10.79 are misdemeanors and
constitute grounds for suspension or revocation of an issued permit, except that any requirement or
prohibition designated as "Regulatory only" will be treated only as grounds for suspension or
revocation of an issued pernut, and criminal prosecution may not occur for that violation
10 70 160 Severability. The City Council declares that the invalidity of any section or
portion of Chapters 10.70 through 10.79 shall not affect the validity of any other remaining section
or portion; that the Council would have adopted each of those remaining portions, notwithstanding
any later declared invalidity. Any provision determined invalid under the preceding sentence may
either be severed or, if it can be judicially interpreted in a way that could harmonize it with the
remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to
give full purpose, meaning and effect to the remaining provisions.
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Section 6. That Chapter 10.73 is added to read as follows:
Chapter 10 73
T,IVE ADIJI,T ENTERTAINMENT AT ADIJT,T
ORIENTED ENTERTAINMENT ESTABLISHMENTS
Sections-
10.73.010 Permit required.
10.73.020 Definitions.
10.73.030 Conditions for presentation of live adult entertainment.
10.73.040 Patron contact —Prohibited.
10.73.050 Food or beverage service —Regulated.
10 73 010 Permit required. A. An "adult oriented entertainment establishment"
defined in Section 10.73.020A is a police regulated business, and a person performing "live adult
entertainment" as defined in Section 10.73.020D in an adult oriented entertainment establishment is
a police regulated performer. A police permit shall be required as a condition of operation or
performance of activity of that business or activity.
B. Issuance and administration of permits is governed by Chapter 10.70.
10 73 070 Definitions. A. "Adult oriented entertainment establishment" means an
adult oriented entertainment business defined in Sections 18.69.020 and 18.69.030 which provides
"live adult entertainment" as defined in Section 10.73.020D.
B. "Specified anatomical areas" is defined in Section 18.69.020(A).
C. "Specified sexual activity" is defined in Section 18.69.020(B).
D. "Live adult entertainment" means any type of presentation in which one or more
persons appear before an audience of any number of other persons and engage in actual or
simulated specified sexual activity or expose specified anatomical areas, or both. The mere
presence of an employee unclothed or in attire, costume or clothing which exposes to public view
any specified anatomical area of the employee, or the permitting or allowing any other person
(including a patron) present on the establishment premises to participate in actual or simulated
specified sexual activity, or to appear unclothed or in such attire, costume or clothing so as to
expose the specified anatomical areas of that person, shall also constitute "live adult entertainment".
E. A "live adult entertainer" is a person who performs "live adult entertainment", as
that term is defined in Section 10.73.020(D).
10.73 030 Prohibitions and regulations for presentation of live adult entertainment A.
It is unlawful and a misdemeanor for any person to operate an adult oriented entertainment
establishment without a valid adult oriented entertainment establishment permit.
B. It is unlawful for any owner, proprietor, manager, person in charge, or any employee
of an adult oriented entertainment establishment to allow upon the regulated premises any live adult
entertainment by any person, whether as an employee, independent contractor, patron or customer,
without the person performing the live adult entertainment possessing a valid live adult entertainer
permit.
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C. It is unlawful for any person, whether as an employee, independent contractor,
patron or customer, to perform live adult entertainment in an adult oriented entertainment
establishment without a valid live adult entertainer's permit.
D. Violation of this Section 10.73.040 is a misdemeanor and constitutes grounds for
the revocation or suspension of any permit issued pursuant to this chapter.
10 73 040 Patron contact —Prohibited A. No live adult entertainer shall approach or
be allowed to approach within six (6) feet of any patron of the permitted premises.
B. Live adult entertainment shall be performed only upon a stage or platform during
the progress of the entertainment. The stage or platform shall be located at a minimum height of
eighteen inches (18") above the floor of, and at a minimum distance of six (6) feet from, the patron
seating or viewing area. Patrons(s) shall not occupy or be allowed to occupy the stage or platform
during any performance.
C. A passageway of not less than six (6) feet in width shall be provided through any
part of the room occupied by customers, guests or patrons when required for the ingress and egress
of live adult entertainers to the stage or platform where live adult entertainment is presented.
D. No adult entertainment establishment operator shall allow a patron to approach
within six (6) feet of a live adult entertainer while any part of the performer's specified anatomical
areas are exposed.
E. Violation of this section is a misdemeanor and shall be grounds for the suspension
or revocation of a permit issued to an operator as well as the permit of the regulated performer or
live adult entertainer who causes any violation to occur.
10.73.050 Food or heverag-. service —Rev -listed Food or beverage (alcohol or non -
alcohol) servers in an adult entertainment establishment shall be clothed so as to fully cover the
specified anatomical areas of the server while serving food or beverages to any patron. No portion
of the specified anatomical areas of the server shall be exposed to view. Violation of this section is
a misdemeanor and is grounds for the suspension or revocation of any permit issued pursuant to this
Chapter 10.73.
Section 7. That Chapter 10.74 is added to read as follows:
Chapter 10.74
ESCORT SERVICES
Sections•
2002 Ordinance
10.74.010 Title and administration.
10.74.020 Purpose and intent.
10.74.030 Definitions.
10.74.040 Escort Service Operator Permit required.
10.74.050 Escort Service Technician permit required.
10.74.060 Advertising and patron conduct regulations.
10.74.070 Records of engagements.
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10 74.010 Title and administration. This chapter may be cited as the National City
Escort Service Ordinance. Issuance and administration of permits is governed by Chapter 10.70.
10 74 020 Purpose and intent. It is the purpose and intent of this chapter to provide for
the orderly regulation of escort service business in the city to ensure that an escort service business
does not facilitate the practice of prostitution or allow persons who have been convicted of crimes
of prostitution or violence to function as escorts, in order to protect the public health, welfare and
safety.
10.74 030 Definitions A. "Escort service" means any business providing social
companions for hire to accompany a person of the opposite or same sex to events including, but not
limited to, social events, sporting events and theatrical events.
B. "Escort service technician" means any person employed by an escort service to
render services as a companion for hire to its clients.
C. "Specified anatomical areas" is defined in Section 18.69.020(a) and "specified
sexual activity" is defined in Section 18.69.020(b).
10 74 040 Escort Service Operator Permit required It is unlawful for any person to
operate an escort service business within the city without the permit required by this chapter, or to
employ or allow a person to act as an escort service technician unless such person has a valid escort
service technician permit.
10 74 050 Escort Service Technician's permit —Required A. Except as provided in
Section 10.74.050D, it is unlawful and a misdemeanor for any person to act as an escort service
technician unless such person holds a valid permit issued by the Chief of Police.
B. A permit to act as an escort service technician does not authorize the operation of an
escort service business. A person with a valid permit to operate an escort service may also act as an
escort service technician within or for the permitted escort service establishment.
C. This Chapter 10.74 shall not apply to any private investigator or security operative
licensed by the State of California to provide investigation or security services.
D. This Chapter 10.74 shall not apply to an escort service technician who is licensed and
operating under a valid escort service technician permit issued by another jurisdiction within San
Diego County only so long as that person remains in compliance with Sections 10.74.060 and
10.74.070 during the performance of escort services within this jurisdiction.
10 74 060 Advertising and patron conduct regulations. A. No escort service business
permitted under this chapter shall place, publish or distribute or cause to be placed, published or
distributed, any advertising matter that describes or depicts any portion of the human body in a
manner which, or through the use of descriptive language, would reasonably suggest that any
service regarding the display of specified anatomical areas or the performance of specified sexual
activity, or both, is available.
B. No escort service technician performing services for hire or having accepted or solicited
any form of consideration from a patron, shall: 1) disrobe or expose specified anatomical areas for
the view of that patron or any other person; 2) allow the touching of the technician's specified
anatomical areas by the patron; or, 3) touch the patron's specified anatomical areas, whether those
areas are exposed or not.
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C. This section is regulatory only. Violation shall be grounds for revocation of the
permit.
10.74 070 Record of engagements. A. Every operator of an escort service business
shall keep a record of the date and hour of each engagement, the name and address of the patron,
and the name of the escort service technician engaged. This record shall be open to inspection by
officials charged with the enforcement of these provisions for the purpose of law enforcement and
for public health reasons. The information furnished or secured as a result of any such inspection
shall be kept confidential and shall not be released to any source except pursuant to a lawful
subpoena or court order. Records shall be maintained by the operator for a period of six (6) months
from the date of engagement of services, and may be destroyed after that date.
B. Every patron must furnish photo identification to an escort service operator. Photo
identification consists of one of the following: a valid driver's license issued by the patron's state
or country of residence; a federal or state government or military identification card; a passport; or
any other form of identification on which the patron's photograph and current address appears. If,
because of physical disability, a patron is unable to furnish a governmentally issued form of
photographic identification, an escort service operator is authorized to accept any commercially
reasonable form of identification that will serve to identify that patron.
C. The escort service operator shall maintain a record of the identification produced by
the patron, which shall be kept for the times specified in subsection A. Notwithstanding the use of
a credit card, each patron must comply with subsection B of this section.
D. No escort service operator or technician shall provide services to a patron who has
refused to provide required identification. This subsection D is regulatory only. Violation shall be
grounds for revocation of the permit.
Section 8. That Chapter 10.79 is added to read as follows:
Chapter 10 79
MASSACTE FSTARI.TSHMFNTS
Sections
10.79.010 Title and administration.
10.79.020 Purpose and intent.
10.79.030 Definitions.
10.79.040 Massage establishment operator permit required
10.79.050 Massage Technician's permit required.
10.79.060 Additional application information required.
10.79.070 Minimum facilities required
10.79.080 Massage establishment operating requirements.
10.79.090 Off -premises massage —Prohibited.
10.79.100 Existing businesses —Regulated.
10.79.110 Exemptions.
10.79 010 Title and administration. This chapter may be referred to as the National
City massage establishment ordinance. Issuance and administration of permits is governed by
Chapter 10.70.
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10 79 020 Purpose and intent It is the purpose and intent of this chapter to provide for
the orderly regulation of a massage establishment business in the city in order to prevent the
facilitation of prostitution.
10.79 030 Definitions Whenever in this chapter the following words or phrases are
used they shall mean as follows:
A. "Massage" means a method of pressure or friction upon the external parts of the
body, including but not limited to rubbing, stroking, kneading, tapping with hand or any instrument,
facial massage, fomentations, electric or magnetic treatment or alcohol rubs.
B. "Massage establishment" means an establishment where massage is administered.
It includes a massage parlor defined in Section 18.69.020N.
C. "Massage technician" or "technician" means any person, including a Holistic Health
Practitioner as defined in Subsection H, who gives or administers to another person of the same or
opposite gender, for any form of consideration, a "massage" as defined in this chapter.
D. "Massage establishment operator" or "operator" means any person, including a Holistic
Health Practitioner as defined in Subsection H, who operates an establishment to give or administer
to another person of the same or opposite gender, for any form of consideration, a "massage" as
defined in this chapter.
E. "Permit" means an annual permit to operate a massage establishment or as a
massage technician required by this code.
F. "Qualified Massage Association." A qualified massage association is one that
meets the following requirements:
1. Is a tax-exempt professional association recognized by the Internal Revenue
Service under Section 501 of the Internal Revenue Service Code;
2. Has established as a minimum education requirement for membership a
certificate of completion of 500 hours from a state approved school of massage which is devoted to
a massage specialty with a state approved curriculum, or, has a written and practical testing of
equivalency administered and overseen by its admission committee or by the National Commission
for Certifying Agencies, satisfactory certification of which will be accepted in lieu of the minimum
education requirement of 500 hours;
3. Requires participation and completion by members of a minimum number
of hours of specified continuing education as a condition of continuing membership;
4. Has established rules of ethics and enforcement procedures for the
suspension and revocation of membership of persons violating the rules of ethics; and
5. Allows membership to the general public meeting the requirements for
membership on either a statewide or national basis, and, in fact, maintains a membership that
reflects a substantial statewide or national participation by massage practitioners.
G. The term "specified anatomical areas" is defined by Section 18.69.020.
H. "Holistic Health Practitioner" means a non -medical or other health care therapist
who uses acupressure (excluding "acupuncture") or a massage specialty and therapeutic approach in
caring for clients, and who is not licensed by the State of California.
10 79.040 Massage operator permit required A It is unlawful for any person to operate
a massage establishment in or upon any premises within the city without the permit required by this
chapter, except as exempted by Section 10.79.170.
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B. It is unlawful for the operator of a massage establishment to employ or otherwise allow a
person who has not obtained a valid massage technician's permit to practice acts of massage upon
the premises.
10 79 050 Massage Technician's permit required. A. It is unlawful for any person to
perform services as a massage technician without the permit required by this chapter.
B. A massage technician permit does not authorize the operation of a massage
establishment. Any person or massage technician who desires to operate a massage establishment
must apply separately for a permit.
C. Any person currently operating under a massage technician permit issued prior to
the effective date of this chapter shall, within thirty (30) days after the effective date of this chapter,
obtain the permit required by this section and comply with all other provisions of this chapter;
provided however that a currently licensed massage technician who lacks the requisite hours or
prior training experience now required under this Chapter 10.79, will be issued a replacement
permit which will thereafter be subject to immediate revocation for any violation of this chapter or
Chapter 10.70. Thereafter, any future permit application by that person must demonstrate full
compliance with this chapter.
10 79 060 Additional application information required In addition to compliance with
Section 10.70.020, any applicant for a permit under this chapter shall submit the following
information:
A. A certificate from a medical doctor licensed to practice in the state, stating that the
applicant has within thirty (30) days immediately preceding the date of the application been
examined and found to be free of any contagious or communicable disease;
B. Applicant shall be required to furnish fingerprints;
C. Applicant must furnish proof of certification by the National Certification Board for
Therapeutic Massage and Bodywork attesting to a minimum of 500 hours of instruction and
membership in a qualified massage association, as defined in Section 10.79.030.
10 79 070 Minimum facilities required No permit to conduct a massage establishment
shall be granted unless an inspection by the Chief of Police and the County Health Officer and the
Fire and Building officials demonstrates that the proposed establishment does or will comply with
each of the following minimum requirements;
A. A recognizable and legible sign is posted at the main entrance identifying the
premises as a massage establishment.
B. Minimum lighting of at least 40 watts is provided in accordance with the Building
Code of the city.
C. Minimum ventilation is provided in accordance with the Building Code of the city.
D. Equipment approved by the health department for disinfecting and sterilizing
instruments used in performing acts of massage is provided.
E. Hot and cold running water is provided at all times.
F. Closed cabinets are provided, which cabinets shall be utilized for the storage of
clean linen.
G. Adequate bathing, dressing, locker, and toilet facilities are provided for patrons. A
minimum of one tub or shower, one dressing room containing a separate locker for each person to
be served, which locker shall be capable of being locked, and a minimum of one toilet and one
2002 Ordinance
16 Police Regulated Businesses
wash basin shall be provided by every massage establishment; provided, however, that if male and
female patrons are to be served simultaneously at such establishment, a separate massage room or
rooms, separate dressing facilities, and separate toilet facilities shall be provided for male and
female patrons, each with appropriate gender identification signs visible on the door.
H. 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. Wooden surfaces must be painted with a washable, mold resistant paint. Wet
and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and
toilet rooms must be thoroughly cleaned and disinfected each day the business is in operation with a
disinfectant approved by the health department. Bathtubs must be thoroughly cleaned and
disinfected after each use with a disinfectant approved by the health department.
I. A minimum of one separate wash basin is 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 is located within or as close as practicable to the area
devoted to the performing of massage services. In addition, there must be provided at each
washbasin sanitary towels placed in permanently installed dispensers.
10 79 OR0 Massage establishment operating requirement. No person, association,
partnership or corporation may engage in, conduct or carry on, or permit to be engaged in,
conducted or carried on the operation of a massage establishment unless each and all of the
following requirements are met:
A. Massage operations may only be carried on, and the premises may only be open,
between the hours of 10:00 am. and 12:00 midnight.
B. A list of services available and the cost of such services shall be posted in an open
and conspicuous public place on the premises. The service shall be described in readily
understandable language in English and may also then be described in any other language. No
owner, operator, responsible managing employee, manager, permittee or licensee in charge of or in
control of the massage establishment shall permit and no massage technician shall offer or perform,
any service other than those posted.
C. The massage establishment business tax license, massage establishment permit,
public health permit and a copy of the permit of each and every massage technician employed by or
working in the establishment must be displayed in an open and conspicuous public place on the
premises.
D. Hot and cold running water under pressure shall be provided to all wash basins,
bathtubs, showers, and similar equipment. Each washbasin shall be provided with soap or
detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall
be provided in each toilet room.
E. Clean and sanitary towels, sheets and linens shall be provided for each patron
receiving massage services. No common use of towels or linens shall be permitted, and reuse is
prohibited unless they have been first laundered. Heavy white paper may be substituted for sheets,
provided that such paper is used once for each person and then discarded into a sanitary receptacle.
F. Disinfecting agents and sterilizing equipment shall be available for any instruments
used in performing any massage. Instruments will be disinfected or sterilized after each use.
G. Pads used on massage tables shall be covered in a workmanlike manner with
durable, washable plastic or other waterproof material.
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H. Each establishment shall provide to all patrons clean, sanitary and opaque coverings
capable of covering the patron's specified anatomical areas. Such coverings shall be used for one
customer only and shall not be reused without first being cleaned.
I. No owner, operator, responsible managing employee, manager, or permittee in
charge of or in control of a massage establishment shall permit a massage to be given unless the
patron's specified anatomical areas are covered during the entire massage by the covering referred
to in subsection (H).
J. With the exception of bathrooms or dressing rooms not open to public view, no
person or persons shall be permitted in any area within the massage establishment which is used in
common by the patrons or which can be viewed by patrons from such an area, unless the specified
anatomical areas of all persons within that area are fully covered.
K. It is unlawful for an owner, operator, responsible managing employee, manager,
permittee in charge of or in control of a massage establishment to permit any massage technician to
perform any service or task while in the presence of a patron or to be on the premises of a massage
establishment during its hours of operation unless the massage technician is fully covered from a
point not to exceed four (4) inches above the center of the kneecap to the base of the neck. Such
covering shall be of an opaque material and shall be maintained in a clean and sanitary condition.
L. No owner, operator, responsible managing employee, manager, permittee or
licensee in charge of or in control of a massage establishment shall permit any person to massage or
intentionally touch the specified anatomical areas of another person while performing the services
of a massage technician. Violation of this subsection L is regulatory and shall be grounds only for
the suspension or revocation of the issued permits.
10 79 090 Off -premises massage --Prohibited. It is unlawful for any person to engage
in, conduct, carry on, or permit to be engaged in, conducted or carried on, the business of massage
in any hotel room, motel room, guesthouse or other place of public accommodation. This section
shall not be construed to prohibit:
A. Maintaining a licensed massage establishment upon the premises of a place of
public accommodation; or
B. The holder of a permit issued pursuant to this chapter from giving or administering
massages within hospitals, convalescent centers, rest homes or the private home of a patron.
10.79 100 Existing businesses —Regulated The provisions of this chapter shall be
applicable to all persons and businesses described in this chapter whether the described activities in
the chapter were established before or after the effective date of this chapter.
10 79 110 Exemptions This chapter shall not apply to:
A. Physicians, surgeons, chiropractors, osteopaths, psychiatrists, psychologists,
acupuncturists, physical therapists, family counselors or other professionals who are licensed to
practice their respective professions by the State of California or who are permitted to practice
temporarily under the auspices of an associate or establishment duly licensed by the State of
California, pursuant to the Business and Professions Code.
B. Nurses who are registered under the laws of this state and who administer a massage
in the normal course of nursing duties.
C. A trainer of any duly constituted athletic team or athlete who administers massage in
the normal course of training duties to the team or athlete.
2002 Ordinance
18
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D. Barbers and beauticians duly licensed under the laws of the state who administer a
massage in the normal performance of their profession.
E. Any duly licensed establishment in which the above -described persons practice their
respective professions, provided the massages are given only by such exempt individuals.
F. Any bona fide athletic club which offers tennis, racquetball, swimming or other
sport activities and possesses a sauna or steam room. Massage shall only be administered to
members of the athletic club by persons who are exempt under this section.
Section 9. Severability. The City Council declares that the invalidity of any section or
portion of this ordinance or the chapters thereby adopted shall not affect the validity of any other
remaining section or portion; that the Council would have adopted each of those remaining
portions, notwithstanding any later declared invalidity. If any provision determined invalid under
the preceding sentence can be judicially interpreted in a way that could harmonize it with the
remaining provisions, then it may be so judicially interpreted and, as interpreted, be applied so as to
give full purpose, meaning and effect to the remaining provisions of this ordinance.
PASSED and ADOPTED this 6TH day of AUGUST , 2002.
ATTEST:
h
Mic:ael R.D. la
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
2002 Ordinance
19
George H. aters, Mayor
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Passed and adopted by the Council of the City of National City, California, on August 6, 2002,
by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
Q
Ci of National City, California
Jerk of the Ci
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
July 16, 2002, and on August 6, 2002.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2002-2204 of the City Council of the City of National City, passed and
adopted by the Council of said City on August 6, 2002.
City Clerk of the City of National City, California
By:
Deputy