Loading...
HomeMy WebLinkAboutCC ORD 1972-1304 Amends §§ 2331—2349 of prior code, massage parlors (6 .50)13©4 aressee O DINANCE NO.1304 AN ORSI NANCE AMENDING CHAPTER 230F THE NATIONAL CITY MUNICIPAL C')DE R;`:GULATING MASSAGE E ST A BL I S HAi E N T S THE CITYCOLNCIL OF THE CITY OF NATIONAL CITY DOES HERESY OR' DAI N AS FOLLOWS: SECTION 1: That Chapter 23, Article 233, of the National City Municipal Code is hereby amended bread as follows: CHAPTER 23, ARTICLE 233 MASSAGE ESTABLISHMENTS Section 2331. Citatloa of Gzdiatace. This chapter may bereferred to as the *National City Massage Establishment Ordinance. Section 2332. Parma and latent. It is the purpose and intent of this chapter to provide for the orderly regulation of the massage establidhment business in the City of National City. This Chapter shall be construed liberally in era:- to effectuate its purposes. Unless otherwise specifically prescribed in this chapter the following provisions shall govern -its interpretation and construction: le) No license or permit holder shall have any recourse whatsoever. against City for any loss, cost, expense or damage arising out of any provision or re.;Wrernenl of this chapter or the enforcement thereof. (b) This chapter does not relieve any tic?nse or permit holder of any requirement jet any ordinance, rule, regulation or sP=cifiro1ion of the City. Section 2a33. DeIlelI pas, Whenever in this chapter the following words orphrases are used they shall mean: fa) "City" shell mean the City Of National City. a municipal corporation in the State of California. (a) "City Manager" shall mean the City Manager of National City,' and any officer or employee of City appointed by 'fire City Manager to act for him. ic) "Parson" shall mean a natural person, firm, co -partnership, association or cor'porafian. id) "Heald) Department" shall mean the Department of Public Health o) the Cnunfy of Sen Diego, when authorizedly er *arcing lee terns of Leis ci:apter. (e) ' Waal. e' shalt mean a method of g,_v,. y;ores open the extercal parts of tic 3y, Including but not limited to rubbing, stroking, kneading, tapping with the hand or any instrument, facial m693u0e, fomentetiens, electric Or ' nuns tic area/ -,.end, or alcohol rubs. •O) lea :na Establishment" shall /.elan an eee-al)shment having a fixed .ZcC of business where any person engee xs in, conducts, carries on, or permits to be engaged in, co -:ducted or carried en, any business of giving Turkish, Rulesin, Swedish, vapor, sweat, electric, salt, shower, sponge, or any other kind or character of baths Where massages, as defined In this chapter, or other similar proceCures are given or administered. (g) "Message Technician" or "Technician" shall mean edyperson, male or female, who gives or administers to miller person, for any form of Censideration, a "massage" or "bath", as those wordsare defined in this chapter. (h) "License" shall mean the business I icense to operate a massage establishment required by this Code. Section 2334. Massage Establishment License Required. It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the City of National City a massage establishment without the license required by this article. Section 2335Massage Technician's License Required., It shall be unlawful for any person to act as a massage technician without the permit required by this article. - Section 2336.Massage Establishment License Application Fee. Any person desiring to obtain a license to operate a massage establishment shall make an application to the City Manager. A nonrefundable fee of One Hundred Dollars (1100.00) shall accompany the. submission of each application to defray, in part, the cost of investigation and report. The fee required by this secti:o shall not be required for an application to renew a license granted pursuant to this article provided, however, . any establishment licensed prior to the effect- ive date of this article which was not subject to investigation and report by the Chief of Police shall be required to pay said fee and said investigation shall be undertaken at the time a license renewal is requested. Said application fee shall be in addition to any license, permit or fee required under any provisions of this Cede. In addition to the investigation fee above; the license fee shall be one hundred dollars (S100( per calendar year. Section 2337. Massage Technician Application Fee. Any person desiring to obtain a permit to act as a massage technician shall make en aopt ication to the City Manager. A non- refundable fee of Twenty-five Dollars (S25.00) shall accompany the submission of each application 10 defray, in part, the costs of investigation and report. A permit to act as a massage technician does not authorize the operation of a massage establishment. Any person obtaining a permit to act as a massage technician who desires to operate a massage establish- ment must separe"ely apply for a license therefor. A person who applies for a license •to operate a massage establishment and who desires to act as a massage technicianwithin said massage establishment wno pays the fee required by Section 2336 of this article shall not be required to pay the fee required by this section. Any person operating as a massage technician prior to the effective date of This article must within thirty 130) days after the effective date of this 'ordinance obtain a permit as required by this section and comply with all other provisions of this article. In addition to the investigation fee above, the license fee shall be twenty five dollars (125.001 per calendar year. Section. Application Contents. 1n addition to the result :meats of Chapter 23 of the Cote of ;he Csity of National City, any applicant for a license or permit under this chapter shall submit the following information: (a) The full name and present address of applicant. (b) The previous addresses of applicant, it any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (c) Written statements of at least five (5) bona fide adult persons, who may be easily and conveniently contacted, that the applicant Is of good moral character. (d) Written proof that the applicant is over the age of twenty-one (21) years. (e) Applicant's height, weight, color of eyes and hair. (f) Three recent portrait photographs at least 2" X 2" taken within the lest six months. (9) Business, occupation or employment history of the applicant for the five (5) years immediately preceding. the date of the application. Ihl The business license or permit historyof the applicant; whether such person, in previously operating in this or nrwther city or state under license or permit, has had such license 'Or permit suspended or revoked, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation. li) All arrests and/or convictions, except minor traffic offenses, with a full explanation of the circumstances thereto,'. (j) A certificate from a medical doctor licensed to practice in the State of California, 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. Ile) Applicant shallbe required to furnish his f ingerprints. (1) Applicant must furnish a diploma or certificate or graduation from a recognized school or other Institution of learning wherein the method, profession and work of massage technician is taught. The terms "recognized school" or "Other institutions- of learning" shall mein and include. any school or institution of learning which has for its purpose the se^thing of the theory, method, profession, or work of massage technician, which school requires a resident course of study of not less than two hundred (200) hours to be given in not less than three (3) calendar months before the student shallbe furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. Schools offering correspondence courses not requiring actual attendance of class shall not be deemed a "recognized school." The City of National City shall have the right to confirm the fact that the applicant has actually attended classes in a recognized school for the aforementioned minimum time periods Im) Such other identification and in- farmalion as the City Manager may r .quire in order to d'scover the truth of the matters hereinabove specified as required to be set forth in the application. Section. 2339. Massage • Establishment Facilities. No license to conduct a massage establishment shall be granted unless an inspection by the City Manager reveals that the proposed establishment complies with each of the following minimum requirements:. (a) A recognizable and legible sign shall be posted at the main entrance identifying the premises as amassage es- . tablishment. (b) Minimum lighting shall be provided in accordance with the Building Code of the City of National City. (c) Minimum ventilation shall be provided in accordance with the. Building Code of the City of National City. (d1 Equipment approved by the Health Department for disinfecting and sterilizing instruments used in performing acts of massage shall be provided (e) Hotand cold running water shall be provided at all times. (f) Closed cabinetsshall be provided, which cabinets shall be utilized for the storage of clean linen. (g) Adequate bathing, dressing, locker, and toilet facilities shall be provided far patrons. A minimum of one. tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall be provided by every massage establishment provided, however, that if male and female patrons are to be served simultaneously at said establishment, a separate massage room or roams, separate dressing facilities, and separate toilet facilities shall be provided for male and female patrons. (h) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establish- ment must be in good repair and maintained in a clean and sanitary condition. Wei and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shover compartments, and toilet rooms shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department each day one business i5 in operation. Bathtubs shall be thoroughly cleaned and disin- fected with a disinfectant approved by the Health Departmental er each use. (i) Clean and sanitary levels and linens shell be provided for each patron of the establishment. No common use of towels or linens shall be permit Ted. I1) A minimum of one separate wash basin shall be prov ivied in each massage establishment for the use et employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, t: ere shall be provided at each wash basin sanitary towels placed in permanently installed dispensers. lkl• The Director of Building & Housing, the Fire Marshal, and the County Health Officer shall inspect the premises proposed to be devoted to the massage establishment and shalt make separate and independent re- commendations to the City Manager concerning compliance with the foregoing provisions. This section shall be construed to require minimum standards only. All applicable provisions of this Code have full force and effect. The applicant shall be required to comply with all applicable provisions of the Code. Section 2340. Name of Business No. person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in his permit. Section 2341. Change of Location. A change of location of a licensed massage establishment may be approved by the City Manager, provided all appli- cable provisions of this Code are complied with, and a change of location lee of Twenty -Five Dollars (525.00), to def ray, in part, the costs of investigation and report, hasbeen paid to the City. ' Section 2342. Sale or Transfer. Upon the sale or transfer of any interest in a massage establishment, the permit and license shalt be null and void. Section 2343. Inspection. (a) CERTIFICATE OF OCCUPANCY. It shall be unlawful for any person to operate a massage establishment unless there is posted thereon in a conspicuous place, a valid Certificate of Occupancy, as issued by the Director of Building endx Housing. (b) COMPLIANCE INSPECTION The Director of Building and Housing, the Fire Marshal and the Chief of Police shall make a semi-annual compliance inspection of each massage establishment in the City for the purpose of determining - that the provisions of this Code and related health and safety requirements are met. The fee for each such required inspection shall be Twenty -Five Dollars (25.00). Nothing in this Section shall be interpreted to prevent the entry into any .building occupied as a massage establishement by the aforementioned officers or their authorized representatives at all reasonable times to inspect same or to perform any duty •imposed upon said officers by this Code; provided that if such building is occupied, .proper credentials shall first be presented and an entry demand'shall be made. If such entry is refused, the officers or their authorized representatives shall have recourse to every remedy provided by law to secure entry, Section 2344. Employee Permits it shall be unlawful for the holder of a license to operate a massage establishment to employ or otherwise allow a person who has not obtained a valid Massage Technician's Permit to practica acts of massage. Section 2345. Off -premises Massages. It shall be unlawful for any person 'o 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, guest house, 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) to prevent the holder of a license or the holder of a permit employed by the holder. of a license issued pursuant to this article from giving or administering massages within hospitals, convalescent centers, rest homes, or the private home of a patron. Section 2346. Applicability of . Regulations to existing Businesses. The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this Chapter. Section 2347. Excluded Persons. The provisions of this chapter shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths, or any -urse working under the supervision of a physician, surgeon, chiropractor or osteopath, duly licenseed to practice their respective professions an the State of California, nor shall this chapter• be construed to apply to any treatment ad- ministered in good faith in the cour the practice of any healing art Cession by any person licensed to pr such healing art or profession under Business and Professions Code of the State of California. This section shall not be construed to allow practical nurses or other persons without qualifications as a massage technician or persons not otherwise licensed to practice by the Medical Practice Act, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, to give massages or massage procedures or services for a fee or other consideration without the permit required by this chapter. Section 2348. Suspension of Lincense or Permit. In the event that any person holding a license or permit issued pursuant to this chapter shall violate or cause or permit to be violated any of the provisions of this chapter, or, any provision of any other ordinance or law relating to or regulating said business or occupation in an unlawful manner, said license may be suspended or revoked in addition to other penalties provided by ordinance. Section 2349. Violation and Penalty. A violation of any provision or the failure to comply with any of the requirements established by this ordinance shall constitute a misdemeanor. Any person Convicted of such violation or such failure shall be punilhable by a line of not more than Five Hundred Dollars (5500.00), or by imprisonment in the City Jail for a period of not more than six (6) months, or by both such fine and imprisonment. SECTION 2: This ordinance shall be effective thirty days following its passage an.", adoption PASSED AND ADOPTED by the City Council of the City of National City, California, this 18th day of April, 1972, by the following vote, to -wit: AYES: Councilmen Camacho, Hogue, Reid, Waters, Morgan. NAYS: Councilmen - None ABSENT: - None K Ile Morgan Mayor of the City of National City, California ATTEST: lone Minogue City Clerk I hereby approve the foregoing Ordinance this lath day of April, 1972 K Ile Morgan Mayor of the City of National City, California I hereby certify that the above and foregoing is a full a - true copy of Ordinance No. 1of t e Ordinances of th l Natfor16I City, alifornia, as y Council of .'d City, the Mayor of sal, City, 9 (Signed) lone Mtnogue City Clerk of the City of National City, California. (Seal) April 30, 1972 NC 5578 pro- sam tice to law. ND I has R = en du Y CERTIFY that the fished according ( Seal) City Clerk of the City National City, Call