HomeMy WebLinkAbout85-15 - Amending Chapter 5.50 of the Newport Beach Municipal Code Pertaining to Massage Establishments• ORDINANCE NO. 85 -15
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 5.50 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO MASSAGE
ESTABLISHMENTS
The City Council does ordain as follows:
SECTION 1. Section 5.50 of the Newport Beach Municipal
Code is hereby amended to read as follows:
5.50.005 - Findings and Purpose
The City Council finds and declares as follows:
(A) The Permit requirements and restrictions imposed by
this ordinance are necessary to protect the health, safety and
welfare of the citizens of the City of Newport Beach; and
(B) The City of Newport Beach is authorized, by virtue
• of the provisions of the City Charter and Section 51031 of the
Government Code to regulate massage establishments and impose
reasonable standards relative to hours of operation, skills and
experience of massage technicians and the sanitary conditions of
the masasge establishment; and
(C) There is a significant risk of injury to massage
clients with certain medical conditions and this ordinance
provides safeguards against injury and economic loss; and
(D) There has been a recent increase in the incidence
of acts of prostitution occurring in massage establishments and
the restrictions on hours of operation serve to reduce the risk
of illegal activity; and
(E) The restrictions on hours of operation reduce the
burdens on the police department and permit the deployment of
• police personnel such that more serious crimes may be prevented
and more important laws may be enforced, and
(F) This' ordinance, by permitting massage establishments
to remain open 15 hours each day, provides ample time for any
person to obtain a massage; and
(G) The regulations and restrictions contained in this
• ordinance tend to discourage massage establishments from
degenerating into houses of prostitution and the means utilized
in this ordinance bear a reasonable and rational relationship to
the goals sought to be achieved.
SECTION 2.
5.50.010 Definitions. For the purpose of the
provisions regulating baths, sauna baths, massage establishments
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
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vapor, oil or alcohol, by way of immersion, transmission or any
other procedure.
(b) Massage Establishment: 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 establishment.
SECTION 3.
5.50.020 Permit Required
(a) It shall be unlawful for any person to administer a
massage to another person within a massage establishment in the
City of Newport Beach in the absence of a valid massage
• technician permit issued pursuant to this Chapter.
(b) It shall be unlawful for any employee of a massage
establishment to administer a massage to another person within
the City of Newport Beach in the absence of a valid massage
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technician permit issued pursuant to this Chapter.
(c) It shall be unlawful for any person, association,
firm or corporation to engage in, conduct, or carry on or 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 establishment in the absence of a valid permit issued
pursuant to this Chapter.
SECTION 4.
5.50.025 Hours of Operation. No person shall operate a
massage establishment, or administer a massage in any massage
establishment, between the hours of 10:00 p.m., and 7:00 a.m.
Massage establishments lawfully existing on the effective date of
this ordinance shall comply with the provisions of this section
within 120 days from the effective date of this ordinance.
SBCPION 5.
5.50.065 Insurance. No person, association, firm or
corporation shall engage in, conduct or carry on the business of
a massage establishment unless there is on file with the City
Clerk, in full force and effect at all times, a document issued
by an insurance company authorized to do business in the State of
California evidencing that the permittee is insured under a
liability insurance policy providing minimum coverage of $500,000
for injury or death to one person arising out of the
administration of any massage. Massage establishments lawfully
existing on the effective date of this ordinance shall comply
with the provisions of this section within 120 days from the
effective date of this ordinance.
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SECTION 6. This Ordinance shall be published once in
the official newspaper of the City, and the same shall be
effective 30 days after the date of its adoption. This Ordinance
was introduced at a regular meeting of the City Council for the
City of Newport Beach held on the 28th day of May ,
1985, and was adopted on the 10th day of June ,
1985, by the following vote, to wit:
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ATT ST:
City Clerk
ORP /Massage
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AYES, COUNCILMEMBERS Agee, Cox,
Hart, Heather, Maurer, Plummer, Strauss
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
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