HomeMy WebLinkAboutCC ORD 2003 - 2220ORDINANCE NO. 2003 - 2220
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 OF THE
NATIONAL CITY MUNICIPAL CODE BY
AMENDING CHAPTER 10.70 PERTAINING TO
POLICE REGULATED BUSINESS REGULATIONS,
CHAPTER 10.73 PERTAINING TO LIVE ADULT ENTERTAINMENT
AT ADULT ORIENTED ENTERTAINMENT ESTABLISHMENTS, AND
CHAPTER 10.79 PERTAINING TO MASSAGE ESTABLISHMENTS
AND ADDING CHAPTER 10.78 PERTAINING TO
ENTERTAINMENT ESTABLISHMENTS
BE IT ORDAINED by the City Council of the City of National City that
Title 10 of the National City Municipal Code is amended as follows:
Section 1. That Chapter 10.70, Sections 10.70.010, 10.70.020, and
10.70.080 be amended to read as follows:
Section 10.70.010 Purpose and intent - Permit required. A. 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, disorderly conduct, 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. A
separate permit shall be required for each type of activity regulated by Chapters
10.71 through 10.79, unless otherwise provided. The issuance of a certificate or
permit under other provisions of the Municipal Code does not excuse compliance with
or create a defense to any violation of the requirements of this Chapter 10.70 or
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Chapters 10.71 through 10.79, as applicable, or any other provisions of law or
ordinance, including conditional use permits required under Titlel8.
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.
Section 10.70.020 Definitions. For purposes of Chapters 10.70 through
10.79, the following definitions shall apply:
A. "Person" means and includes a natural person, a partnership, joint
venture or a corporation.
B. "Applicant" or "permittee" 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.
C. "Responsible person" means any person who is an owner or manager,
or both, and includes any employee or agent in apparent charge of the premises for
which the application is made or required or a permit is issued.
D. "Permit" means a permit issued by or under the authority of the chief of
police that authorizes activity regulated under Chapters 10.71 through 10.79.
Section 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 10.70.050 A 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. Except as provided under Section 10.70.080 D, 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. In lieu of issuing an order of suspension or revocation, the chief of police
may impose conditions of probation for a specified duration not to exceed one year,
during which period the permittee shall be subject to the order of suspension or
revocation if the chief determines those conditions have been violated. If the
permittee accepts the order of probation, no appeal shall be allowed under Section
10.70.070. If, however, the permittee objects to the terms of probation, probation
shall not be allowed, the order of suspension or revocation shall take effect, and
appeal rights of the permittee under Section 10.70.070 shall then be applicable.
E. 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 city 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.
F. Police permits issued for an establishment to conduct business
regulated under Chapters 10.71 through 10.79 are separate from and independent
of any conditional use permit that is required or issued under the provisions of Title
18 of this code. Revocation or suspension of a police permit shall not operate to
revoke or suspend a conditional use permit, notwithstanding that the same or
similar terms and conditions may be applicable to both permits. Revocation or
suspension of a police permit affects only the authority of the establishment to
provide or allow a particular form of entertainment or activity at the premises for
which the police permit is issued. The establishment may continue to conduct all
other business for which it is licensed or allowed by law to conduct, unless
separate action is taken to abate the establishment as a public nuisance or to
revoke or suspend any other issued permit, including a conditional use permit.
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Section 2. That Title 10, Chapter 10.73, Sections 10.73.010 and
10.73.040 be amended to read as follows:
Section 10.73.010 Permit required. A. An "adult oriented entertainment
establishment" defined in Section 10.73.020 A is a police regulated business, and a
person performing "live adult entertainment" as defined in Section 10.73.020 D 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. An adult oriented entertainment establishment shall not be required to
obtain a separate police permit to operate as a cabaret or entertainment establishment
regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78
regulating noise control and patron conduct shall also be applicable to an adult
oriented entertainment establishment as regulatory violations governing suspension or
revocation of a permit issued under this Chapter 10.73.
C. Issuance and administration of permits is governed by Chapter 10.70.
Section 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. No patron
shall 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, or touch, a live adult entertainer while any part of the
performer's specified anatomical areas are exposed.
E. No patron shall approach within six (6) feet of a live adult entertainer
while any part of the performer's specified anatomical areas are exposed.
F. Violation of any subsection of this section is a misdemeanor and shall
also 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 or
allows any violation to occur.
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Section 3. That Title 10 is hereby amended by adding a new Chapter
10.78 read as follows:
Chapter 10.78
ENTERTAINMENT ESTABLISHMENTS
Sections:
10.78.010 Purpose and intent
10.78.020 Definitions
10.78.030 Entertainment permit — Required
10.78.040 Exemption from the permit requirement
10.78.050 Hours of operation
10.78.060 Disorderly patron conduct — Regulated
10.78.070 Reasonable passageway — Required
10.78.080 Observation of noise abatement and control laws — Required
10.78.090 Disorderly conduct within 100 feet of premises— Regulated
10.78.100 Orderly dispersal— Required
10.78.110 Restrictions on alcoholic beverage on premises
10.78.120 Authority of police officer where there is immediate threat to
public safety
10.78.130 Conditions imposed on entertainment permits
10.78.140 Issuance and duration of permit
10.78.150 Effect of revocation or suspension of entertainment permit
Section 10.78.010 Purpose and intent. A. The Council of the City of
City of National City encourages the development of arts and culture in City of
National City, and recognizes that variety in entertainment venues in the City can
provide a rich and diverse cultural experience for residents and visitors to the City.
The Council also recognizes that non-alcoholic entertainment venues provide a safe
place for families and young adults to gather. The Council finds also that
entertainment establishments can present an environment with the potential for
excessive noise generation and disorderly conduct by patrons, particularly at
closing times, with adverse public safety impacts on surrounding businesses and
residences.
B. It is therefore the purpose and intent of this Chapter to regulate the
operations of entertainment establishments in the interests of public safety. All
permittees will be held responsible for controlling patron conduct in and around the
establishments, making adequate provisions for security and crowd control,
protecting the City's youth from criminal activity and for minimizing disturbances as
a result of providing entertainment at the premises of the establishment.
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C. It is further the intent of this Chapter to provide options in imposing
regulatory conditions tailored to the particular establishment which will allow the
business or event to flourish while meeting the City's public safety needs and
avoiding unnecessary restrictions on existing businesses or organizations with a
history of compliance with the City laws.
Section 10.78.020 Definitions. For purposes of this Chapter, the
following definitions shall apply:
A. "ABC License" means a license issued by the California Department of
Alcoholic Beverage Control for the sale or consumption of alcoholic beverages.
B. "Admission Charge" means any fee or charge for the right or privilege
to enter any place of entertainment including a minimum service charge, event
charge, cover charge, charge for the use of seats and tables, or any other similar
charge. It also includes the purchase or presentation of a ticket or token directly or
indirectly required as a condition for entrance. It does not include tips, gratuities,
voluntary donations, or suggested donations for employees or any person providing
entertainment.
C. "Conditional use permit" means a permit issued by the city pursuant
to chapter 18.116 in determining conditions related to the operation of public
premises.
D. "Dance and dancing" means movement of the human body,
accompanied by music or rhythm.
E. "Entertainment" or "live entertainment" means any single event or
series of events open to the public and conducted for guests or patrons, including
but not limited to:
(1) Presentations by single or multiple performers, such as singers,
musicians, hypnotists, pantomimes, comedians, musical song or dance acts, plays,
concerts, any type of contest, sporting events, exhibitions, carnival, rodeo or circus
acts, demonstrations of talent, shows, reviews, or any other activity which may be
attended by members of the public.
(2) Dancing to live or recorded music.
(3) The presentation of recorded music played on electronic sound
equipment which is operated by an agent or contractor of the establishment,
commonly known as "DJ" or "disc jockey."
F. "Theater" or "cinema" means any commercial establishment showing
films or regular theatrical performances, such as performances of literary
compositions that tell a story that are given usually, but not exclusively, on a stage
and with ascending row seating or some similar arrangement of seating.
G. "Cabaret" refers to a premises defined in Section 18.04.113, and shall
include an "adult cabaret" defined by Section 18.69.020 H.
Section 10.78.030 Entertainment permit — Required. A. Except as
provided in this Chapter 10.78, it is unlawful for any person to provide, allow or
permit any entertainment in an establishment or cabaret open to the public without
a police permit.
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B. The restrictions and regulations imposed by this chapter on patron
conduct shall also apply to adult cabarets and other adult oriented entertainment
establishments regulated in Chapter 10.73, violation of which may also result in
suspension or revocation of a permit issued under Chapter 10.73.
C. This chapter shall apply to existing and new establishments as
provided in Section 10.78.140.
Section 10.78.040 Exemption from the permit requirement. The
following types of entertainment and events are exempt from the permit required
by this chapter. This exemption does not relieve any establishment from complying
with all other applicable laws, including noise control regulations contained in Title
12 of this Code.
A. Entertainment sponsored by any public agency, board of education, or
any political subdivision of the State of California.
B. Entertainment sponsored by any non-profit organization, such as Girl
Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective
is youth activities and child welfare. If the event is a dance, the following
requirements must also be met in order for the exemption to apply:
(1) No person eighteen years of age or older shall be admitted as a
guest, unless as a bona fide student or member of the sponsoring agency or
organization;
(2) No alcoholic beverages shall be served, consumed or permitted
on the premises;
(3) Chaperones from the sponsoring agency must be present on the
premises at the rate of two adults at least twenty-five years of age or older for
every one hundred guests; and
(4) The event shall finish by 12:00 a.m. and the premises and the
adjoining parking lots shall be promptly vacated by all the guests.
C. Events conducted under a "Special Event Permit" issued pursuant to
Chapter 15.60 which imposes conditions within the permit related to the
entertainment.
D. Entertainment at any establishment limited solely to the playing of a
radio or sound system, music recording machine, juke box, television, or recorded
music, including karaoke, provided no dancing is allowed or permitted;
E. Entertainment not open to the public that is provided for members and
guests at private clubs having an established membership with regular dues, the
operation of which is not primarily for monetary gain;
F. Entertainment for invited guests at a private event such as a wedding
reception, banquet, or celebration where there is no admission charge.
G. Entertainment conducted in connection with a regularly established
recreation or theme park;
H. Entertainment conducted or sponsored by any club, organization,
society or association which is exempt from taxation pursuant to Internal Revenue
Code Section 501(c)(3), when all proceeds, if any, generated from the
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entertainment are used exclusively for the benevolent purposes of such club,
society or association;
I. Performances by students that are part of a curriculum or program at
educational institutions defined by the Education Code;
J. Theaters;
K. Motion picture theaters or cinemas not providing live entertainment;
L. Dance lessons, theatrical and performing arts lessons;
M. Book readings, book signings, poetry recitations, and similar
entertainment, including plays, consisting only of spoken words, or with incidental
music;
N. Political fund-raisers;
O. Entertainment at cabarets consisting of ambient electronic or
incidental music provided for the guests or patrons by musicians such as a piano
player, harpist, strolling violinist, mariachi band, guitarist or band. If, however,
there is an admission charge required to observe or listen to such entertainment, it
will not be considered ambient or incidental.
P. Any establishment, venue or assemblage of 49 persons or less, as
restricted under a maximum occupancy Toad for the premises, provided that all the
following conditions exist:
1. There is no admission charge;
2. The premise is not licensed for the sale or consumption of
alcoholic beverages;
3. Customer dancing is not allowed.
4. Any entertainment ceases between the hours of 2:00 a.m. and
6:00 a.m.
Section 10.78.050 Hours of operation. All entertainment
establishments subject to this chapter must be closed and all patrons must vacate
the premises between 2:00 a.m. and 6:00 a.m.
Section 10.78.060 Disorderly patron conduct — Regulated.
The responsible person shall make reasonable efforts to remove from or
prevent the admission to the premises of any person whose conduct is or would be
in violation of Penal Code Section 415 (fighting, loud noise, offensive words in
public places) or Section 647 (disorderly conduct) at the premises or on any parking
lot or parking facility used, owned or leased by the establishment. This section is
regulatory only.
Section 10.78.070 Reasonable passageway — Required. It is unlawful
for any responsible person to fail to provide a reasonable passageway, which
passageway shall not be less than six (6) feet in width through any part of a room
used by patrons and entertainers for their ingress and egress. This section is
regulatory only.
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Section 10.78.080 Observation of noise abatement and control laws —
Required. The responsible person shall observe all laws applicable to noise
abatement and control contained in Title 12 of this Code. When applicable, a
regulated premise may be required to reduce the sound level of music to a
designated decibel level — notwithstanding the allowance under title 12 of a higher
decibel level limit — within one hour prior to closing time in order to minimize noise
behavior of patrons upon departure. This section is regulatory only.
Section 10.78.090 Disorderly conduct within 100 feet of premises —
Requlated. The responsible person shall take reasonable steps to control the
conduct of patrons so as to prevent or minimize noisy patron behavior and
disorderly or unlawful conduct at the establishment and within one hundred (100)
feet of the establishment on the public sidewalks or rights -of -way. Unlawful
conduct includes solicitation for acts of prostitution or sales of narcotics and other
controlled substances. The responsibility for patron conduct shall also extend for a
distance of one hundred (100) feet along the public sidewalks or rights -of -way from
any other property owned, used or leased by the regulated premise for parking.
Noisy patron behavior shall include yelling, shouting or loud talking after 10:00
p.m. nightly that continues for more than one minute and disturbs two or more
adult occupants of residential structures within one hundred (100) feet of the
regulated premises or any incidental property used for parking, even if such
conduct is not otherwise unlawful. Distance shall be measured in a straight line
from the boundary of the regulated premise or incidental property. This section is
regulatory only.
Section 10.78.100 Orderly dispersal — Required. The responsible
person shall cause the orderly dispersal of individuals from the establishment at
closing time, and shall not allow any patrons to congregate on public sidewalks or
rights -of -way within 100 feet of the premises or on any parking lots owned, used
or leased by the establishment. This section is regulatory only.
Section 10.78.110 Restrictions on alcoholic beverage on premises. No
person shall bring or be allowed to bring or possess an alcoholic beverage in
premises regulated under this chapter unless allowed by the permittee's ABC
license. This section is regulatory only.
Section 10.78.120 Authority of police officer where there is immediate
threat to public safety. A. A police officer may require a permittee or other
responsible person to immediately cease operations and disperse all patrons for the
remainder of its daily operation whenever disorderly conduct by patrons reaches a
magnitude that presents an immediate threat to the public safety and well-being of
patrons or general public in the vicinity.
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B. It is unlawful and a misdemeanor for any person to fail to comply with
any directive issued by a police officer under the authority of Section 10.78.120(a).
Violation by a responsible person of a regulated premise shall also constitute
grounds for revocation or suspension of the permit.
Section 10.78.130 Conditions imposed on entertainment permits.
A. The chief of police may impose conditions relating to the operation of the
entertainment on the permit. Conditions may require or relate to:
1. The days, hours and location of operation;
2. Separate entrances, exits, and restroom facilities on the
premises, or similar restrictions designed to prevent minors from obtaining alcohol;
3. Age restrictions on minors allowed on the premises;
4. Hiring and numbers of licensed security guards;
5. Advance notification being given to the Chief of police of the
date of a particular event if that event is not held as part of the regularly scheduled
events of the business;
6. In consultation with the planning director or building and safety
director, use of sound insulation or acoustic barriers and measures designed to
minimize sound disturbances to surrounding premises; and,
7. Other conditions reasonably related to public safety and
welfare.
B. Conditions shall be based on specific facts or events reasonably
related to insuring public safety, including the protection of minors from alcohol and
other criminal activity.
C. Conditions will be listed on the permit.
D. The Chief of police shall consider the appropriateness of the conditions
as they may affect other lawfully permitted activities on the premises.
E. No conditions shall be imposed that conflict with any local, state or
federal law or the permittee's ABC License.
F. Notwithstanding Section 10.78.130 A, if the applicant has an ABC
license or a conditional use permit issued since January 1, 2002 upon which the
chief of police has had meaningful input in determining conditions on the permit
related to the operation of the entertainment, including the ages of the patrons, and
there has been no change in or violations regarding the manner or type of
entertainment offered, those conditions will also be the conditions of the police
permit issued under authority of this chapter. Nothing in this subsection is intended
to prevent the Chief of police from imposing any condition related to the age of
patrons inside an ABC establishment if the ABC license does not address that
issue. The intent of this subsection is to allow the sale and service of food to
minors in a bona fide public eating place (ABC license types 41, 47, and various
club licensed premises) with reasonable conditions placed on the permit to prevent
curfew violations and protect the minors from alcohol and other criminal activity.
G. Unless otherwise stated on the permit, a permit's conditions are
subject to modification (1) at the time of renewal of the permit at the request of
the permittee, (2) in conjunction with a modification of the same conditions on an
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ABC license or conditional use permit, or (3) at the time of renewal by the Chief of
police based on demonstrated experience at the regulated premises. At the time of
renewal, the Chief of police may order the removal or modification of any
condition. Nothing in Sections 10.78.130 F or G is intended to prevent the Chief
of police from modifying any condition in conjunction with regulatory action taken
against the permittee pursuant to Chapter 10.70.
H. Issuance, imposition, suspension or revocation of any particular
condition or permit is appealable through the procedures set forth in Chapter
10.70.
I. Conditions may not be imposed to suppress or regulate speech in any
manner contrary to the First Amendment.
Section 10.78.140 Issuance and duration of permit. A. With the
exception of a permit that is issued for a single event, any public dance, cabaret, or
commercial recreational assemblage permit issued on or before the effective date of
this ordinance shall be valid for one year from the date it was issued, subject to the
conditions or restrictions existing at the time it was issued. Renewal applications
shall be submitted to the chief of police in accordance with Chapter 10.70. The
chief of police may impose conditions on a renewal permit in accordance with this
chapter. The chief may modify the application process to eliminate requirements
that are redundant or irrelevant to a particular premises or its operation. All new
permits and renewal permits shall remain valid until revoked, suspended, cancelled
by the permittee, or until a change in ownership occurs. Permits shall not be
assigned without the express authorization of the chief of police; unauthorized
assignment shall automatically void the permit.
B. The provisions of this chapter shall be applicable to all entertainment
establishments currently doing business in the city. Existing establishments that
are not covered under Section 10.78.140A shall make application for a permit
within sixty (60) days following the effective date of this chapter.
Section 10.78.150 Effect of revocation or suspension of entertainment
permit. Police permits issued under this Chapter 10.78 are separate from and
independent of any conditional use permit that is required or issued under the
provisions of title 18 of this code. Revocation or suspension of a police permit
shall not operate to revoke or suspend a conditional use permit, notwithstanding
that those same or similar terms and conditions may be applicable to both.
Revocation or suspension of an entertainment permit shall affect only the authority
of the establishment to provide or allow entertainment or dancing at the premises
for which the police permit is issued. The establishment may continue to conduct
all other business for which it is licensed or allowed by law to conduct, unless
separate action is taken to abate the establishment as a public nuisance or to
revoke or suspend any other issued permit, including a conditional use permit.
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Section 4. That Title 10, Chapter 10.79, Section 10.79.110 be
amended to read as follows:
Section 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 and other health care professionals who are registered or
licensed under the laws of this state and administer a massage in the normal
course of professional health care 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.
D. Barbers and beauticians duly licensed under the laws of the state who
administer a massage in the normal performance of their profession.
E. Therapeutic massage administered in or under the auspices of any
health facility, hospital or other establishment licensed under California statutes in
which the above -described persons practice their respective professions, provided
the massages are given only by exempt individuals or persons acting under their
supervision.
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.
PASSED and ADOPTED this 15T11 day of APR1L
ATTEST:
M y
APPROVED AS TO FORM:
nv #1 44; 1111
George H. Eiser, III
City Attorney
is ael Dalla it Clerk
12
Nick Inzunza, avor Nick ayor
, 2003.
Passed and adopted by the Council of the City of National City, California, on April 15,
2003, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
By:
Mayor of the City of National City, California
itional eit"
City Cler of the City of N City, California
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 April 1, 2003, and on April 15, 2003.
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 Tess 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. 2003-2220 of the City Council of the City of National City, passed
and adopted by the Council of said City on April 15, 2003.
By:
City Clerk of the City of National City, California
Deputy