HomeMy WebLinkAbout1893 - Amending Certain Portions of Chapter 5.50 of the Newport Beach Municipal Code Pertaining to Massage ParlorsORDINANCE NO. 1893
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CERTAIN PORTIONS OF CHAPTER 5.50 OF
THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
MASSAGE PARLORS
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Sections 5.50.010, 5.50.020, 5.50.040,
5.50.050, 5.50.060, 5.50.070, 5.50.100, 5.50.150, 5.50.160, and
5.50.180 of the Newport Beach Municipal Code are amended as
follows:
Section 5.50.010 Definitions For the purpose of the
provisions regulating baths, sauna baths, massage parlors and
similar businesses hereinafter set forth, the following words and
phrases shall be construed to have the meaning herein set forth.
(a) Massage: Any method of treating the external parts
• of the body for remedial, hygienic or any other reason or
purpose, whether by rubbing or touching parts of the body with
the hand or an instrument, or by application of any substance or
thing, including, but not limited to, electricity, water or
vapor, oil or alcohol, by way of immersion, transmission or any
other procedure.
(b) Massage Parlor: Any business conducted within the
City of Newport Beach where any person, for money or any other
consideration, administers, to another person, a massage.
(c) Massage Technician: Any person who administers, to
another person, a massage within a massage parlor.
Section 5.50.020 Permit Required It shall be unlawful
for any person, association, firm or corporation to engage in,
conduct, or carry on or to permit to be engaged in, conducted, or
carried on, in or upon any premises within the City of Newport
Beach, the business of a massage parlor in the absence of a
permit issued pursuant to the provisions hereinafter set forth.
Section 5.50.040 Application Fee:
(b) Each application for a permit to allow an
isindividual to perform the services of a massage technician shall
be accompanied by an investigation fee as established by
Resolution of the City Council.
Section 5.50.050 Application Contents:
(a)
The
full
name and
present
address of the applicant;
(b)
The
two
previous
addresses
immediately prior to the
present address of applicant;
(c) Written proof that the applicant is over the age of
eighteen (18) years;
inches;
(d)
Applicant's
height, weight,
color
of
eyes
and
hair;
(e)
Two portrait
photographs at
least
2
inches
by
2
(f) Business, occupation, or employment of the
applicant for the three (3) years immediately preceding the date
of the application;
(g) The massage or similar business license history of
the applicant whether such person, in previously operating in
this or another city or state under license, has had such license
revoked or suspended, the reason therefor, and the business
activity or occupation subsequent to such action of suspension or
revocation;
(h) All convictions and the reasons therefor;
(i) Applicants for a permit to be a massage technician
shall submit a certificate from a medical doctor stating that the
applicant has within thirty days immediately prior thereto, been
examined and found to be free of any contagious or communicable
disease;
(j) The term "recognized school" shall mean and include
any school or institution which is licensed, certified or
approved by the State of California for the purpose.of teaching
the theory method, profession or work of a massagae technician.
f
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(k) Such other identification and information necessary
to discovery the truth of the matters required to be set forth in
ithe application.
Section 5.50.060 Facilities Necessary No permit to
conduct a massage parlor shall be issued unless the business is
to be carried on within a structure, the structure is located in
a zoning district which permits such use and unless an inspection
by the City of Newport Beach reveals that the establishment
complies with each of the following minimum requirements:
Section 5.50.070 Permit Procedures Any applicant for
a permit pursuant to these provisions shall present to the Police
Department the application containing the aforementioned and
described information. The Chief of Police shall have a
reasonable time in which to investigate the application and the
background of the applicant. Based on such investigation, the
Chief of Police, or his representative, shall render a
• recommendation as to the approval or denial of the permit to the
City Manager.
The Division of Building and Safety, the Fire Department
and the City Health Officer shall inspect the premises proposed
to be devoted to the massage establishment and shall make
separate recommendations to the City Manager concerning
compliance with the foregoing provisions.
The City Manager, or his designee, after receiving these
recommendations shall grant a massage parlor permit if the
applicant has complied with all provisions of this code. Unless
it appears from the investigation that the applicant has been
convicted of a felony or a crime of moral turpitude, or that the
applicant, based upon prior business history, has operated such a
• business in violation of applicable ordinances and that such
violations would likely occur if applicant were to conduct such a
business in the City of Newport Beach in the City of Newport
Beach. The City Manager shall issue a massage technician permit
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if the applicant meets the requirements of this code unless the
applicant has been convicted of a felony or a crime of moral
• turpitude.
Any person denied a permit by the City Manager, or his
designee, pursuant to these provisions, may appeal to the City
Council. The appeal must be in writing, filed with the City
Clerk, and must set forth the facts and circumstances that form
the basis of the appeal. The right to appeal to the City Council
shall terminate upon the expiration of 15 days followings
1. The deposit of a registered letter in the United
States' mail advising the applicant of the action of the City
Manager; or
2. Service upon applicant of a registered letter
advising applicant of the action of the City Manager, whichever
shall first occur. The City Clerk shall notify the applicant, in
writing, by registered mail, of the time and place set for the
• hearing of the appeal and the hearing shall be held not less than
five days from the date on which the appeal was filed.
The City Council may preside over the hearing on appeal
or, in the alternative, appoint a hearing officer to receive all
relevant evidence and to prepare findings and recommendations to
be considered by the City Council at a regular meeting held
within 30 days from the date of the hearing. The City Council
shall determine the merits of the appeal, and may sustain,
overrule or modify the action of the City Manager. The decision
of the City Council shall be final.
All permits issued hereunder are nontransferable;
provided, however, a change of location of a massage permit may
be permitted pursuant to the provisions herein.
• Section 5.50.100 Unlawful Activities - This section has
been deleted in its entirety.
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Section 5.50.150 Revocation of Permit A permit issued
under these provisions may be revoked when the City Council,
• after notice and hearing, determines that the permittee has
failed to comply with any of the provisions of this Chapter, or
when the permittee has been convicted of a felony or a crime
involving moral turpitude. The notice of the hearing shall state
the reasons for the proposed revocation and shall state the time
and place where the hearing will be had. The notice of hearing
must be served on the permittee at least 15 days prior to the
date of the hearing and may be served on the permittee either
personally or by the deposit of a copy of the notice in the U.S.
mail, postage fully pre -paid and addressed to the permittee at
the location of the business for which the permit has been issued
or, in the case of a massage technician, either at the place of
business or residence.
Section 5.50.160 Sale or Transfer Upon the sale or
• transfer of any interest in a massage establishment, the permit
and license shall be null and void. Any application for an
extension or expansion of the building or structure for which the
permit was issued shall require inspection and compliance with
the provisions of this chapter.
Section 5.50.180 Violation and Penalty
(c) Line 5 & 6 the words "revoke the business license
pursuant to the procedure set forth in Section 5.50.150" are
deleted.
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES ORDAIN as follows:
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SECTION 2.
This
Ordinance
shall be published once in
the official newspaper
of
the City,
and the same shall be
•
effective thirty (30)
days
after the
date of its adoption.
5
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the23rd day
• of November , 1981, and was adopted on thel4thday of December
1981, by the following vote, to wit:
AYES, COUNCIL MEMBERS Heather, Hart, Cox,
Maurer, Plummer, Strauss, Hummel
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
•
pnayor U
ATTEST:
A,j
qty_ Clerk
11/23/81
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