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HomeMy WebLinkAbout88-14 - Amending Chapter 5.50 of the Newport Beach Municipal Code Pertaining to Massage EstablishmentsNO. 88- 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE • PERTAINING TO MASSAGE ESTABLISHMENTS. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Chapter 5.50 of the Newport Beach Municipal Code pertaining to Massage Establishments is hereby amended to read as follows: Section 5.50.025B is hereby amended to read as follows: B. All operators shall comply with the following conditions and any other conditions specified by the City Manager on issuance of the operator's permit: (1) No massage technician, or employee when working or present in the massage establishment, shall expose his or her genitals, buttocks, or, in the case of a female, her breast(s) nor, in the course of administering a massage, make intentional contact with any person's genitals, anus or, in the case of a female, her breast(s), except to the extent required, in writing, by a state licensed medical practitioner. (2) No person shall massage any person in a manner in which the person giving or administering such massage touches the person receiving the massage upon the genitals, breast(s) or anus with intent to arouse, appeal to or gratify the lust or passions or sexual desires of such person receiving the massage. (3) No person granted a permit pursuant to this Chapter shall operate under any name or conduct business under any designation not specified in his or her permit. (4) All massage establishments required to be licensed under this Chapter shall have a manager on the premises at all intimes during which the massage establishment is open. The • operator of each such massage establishment shall file a statement with the Chief of Police designating the person or persons with power to act as a manager at the operator's massage establishment. Whenever the massage establishment is open and the operator is absent, the designated manager(s) shall be responsible for ensuring compliance with Sections 5.50.025B(1), (2), (3), (4), (6), (7), (8), and (9) of this Chapter. The manager of each massage establishment shall take necessary steps to ensure that the massage technician permit for each on -duty massage technician is conspicuously displayed in an easily accessible public place within the massage establishment. (5) No operator shall employ as a massage technician or massage technician aide. any person who does not have a valid massage technician permit issued pursuant to this Chapter. Every operator shall report to the Director of Finance and the Chief of Police any change of employees, whether by new or renewed employment, discharge, or termination,the report to contain the name of the employee and the date of change. The report shall be made within five (5) days of the change. The operator shall take all reasonable steps to insure the return to the City Manager of the permit and photo identification card of any massage _ technician. no longer employed by the operator. (6) All persons employed in the massage establishment, massage technicians, and attendants shall wear clean outer garments. These garments must be of a fully opaque material and provide complete covering from mid -thigh to shoulders. (7) No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals,anus, or, in the case of female, her breast(s), are fully covered, except to the extent required, in writing, by a state licensed medical practitioner. (8) The massage establishment shall not refuse service on the basis of a customer's sex, race, color, religion, ancestry, national origin or other arbitrary factor proscribed by the Unruh Civil Rights Act, Civil Code Section 51, et seq. • (9) The massage establishment shall comply with Section 5.50.050, entitled "Requirements of Operation." 2 (10) Each person having an operator's permit shall provide the City Clerk with evidence of the insurance required by Section 5.50.050 within forty -five (45) days of the date of issuance of the permit. in (11) The massage establishment shall comply with all 4Oprovisions of this Chapter and the applicable provisions of the Newport Beach Municipal Code. (12) The operator consents to the inspection of the massage establishment by the City's Building and Safety, Fire Department and Police Department and the Health Department for the purpose of determining that the provisions of this Chapter or other applicable laws or regulations are met. The operator consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in Section 5.50.050(20) which would require the posting of the Notice to All Patrons. Section 5.50.040B is hereby amended to read as follows: B. All massage technicians shall comply with the following conditions and any other conditions specified by the City Manager on issuance of the massage technician's permit. 1. No massage technician or employee, when working or present in the massage establishment, shall expose his or her genitals, buttocks, or, in the case of a female, her breast(s) nor, in the course of administering a massage, make intentional contact with any person's genitals, anus,or in the case of a female, her breast(s), except to the extent required, in writing, by a state licensed medical practitioner. 2. No person shall massage any person in a manner in which the person giving or administering such massage touches the person receiving the massage upon the genitals, breast(s) or anus with intent to arouse, appeal to or gratify the lust or • passions or sexual desires of such person receiving the massage. 3. The massage technician shall wear the a photo identification card prepared and issued by the City Manager on 91 the outer clothing when working pursuant to permit. If a massage technician changes his or her business address, he or she shall, within seven (7) days after such change occurs, to obtain from the City Manager a new photo identification card and advise the • Police Department, in writing, of the new business address. 4. Every massage technician shall conspicuously display 49said permit in an easily accessible public place within the massage establishment. 5. All persons employed in the massage establishment, massage technicians, and attendants shall wear clean outer garments. These garments must be of a fully opaque material and provide the complete covering from mid -thigh to shoulders. 6. The massage technician consents to the inspection of the massage establishment by the City's Building and Safety, Fire Department and Police Department and the Health Department for the purpose of determining that the provisions of this Chapter or other applicable laws or regulation are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in Section 5.50.050(20) which would require the posting of the Notice to All Patrons. 5.50.050(2) is hereby amended to read as follows: Signs. Each operator shall post and maintain, adjacent to the main entrance and the front of the business, a recognizable and readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights. Each operator shall conspicuously display the operator's permit in an easily accessible public place within the massage establishment. • 5.50.050(5) is hereby amended to read as follows: Inspections. The City's Building and Safety, Fire Department, • Police Department and the Health Department, shall inspect the premises proposed to be devoted to the massage establishment and 4 shall certify on the required permit application, compliance or non - compliance with the regulations in this Chapter. The City's Building and Safety, Fire Department, Police Department, and the Health Department may, from time to time, and at least twice each year make an inspection of each massage establishment for the purpose of determining that the provisions of this Chapter or other applicable laws or regulations are met. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in Section 5.50.050(20) which would require the posting of the Notice to All Patrons. During an inspection, the Police Department may verify the identity of all on -duty massage technicians. The Health Department shall, from time to time, and at least twice a year, make an inspection of each massage establishment for the purpose of determining that the health provisions of the laws of the State of California and ordinances of the City of Newport Beach and the County of Orange are being met. 40 Inspections of the massage establishment shall be conducted during business hours and at other reasonable times. Section 5.50.050(10) is hereby amended to read as follows: Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have doors or covers. Section 5.50.050(14) is hereby amended to read as follows: Coverings. Each massage establishment shall provide to all patrons, clean, sanitary and opaque coverings capable of covering the patrons specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings • shall be permitted and re -use is prohibited unless adequately cleaned. The patron's genital area, anus and in the case of a female, her breast(s), except to the extent required, in writing, 9 by a state licensed medical practitioner shall be covered at all times during the performance of the massage. Section 5.50.050(15) is hereby amended to read as follows: Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service, name and address of the patron, name of technician administering such service and description of the treatment or service rendered. A short medical history form shall be completed by the operator to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of twenty -four (24) months after such treatment or service. These records shall be open to inspection by the health officials charged with the responsibility of preventing the spread of communicable and contagious diseases and to the Police Department. The Police Department shall periodically inspect said records to ensure compliance with this Section. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this Chapter and other applicable laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Newport Beach shall constitute a misdemeanor. Section 5.50.050(19) is hereby added to read as follows: Front Doors. All front or exterior doors used for public entrance to and exit from the massage establishment shall be unlocked during business hours. Section 5.50.050(20) is hereby added to read as follows: Notices. City Manager may require that the following notice: NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE • ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE NEWPORT BEACH POLICE DEPARTMENT WITHOUT PRIOR NOTICE. be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an 6 employee of the massage establishment is convicted of the following offenses based on activities or events occurring in the massage establishment: 1. Health and Safety Code Sections 11550, Penal Code Sections 2661, 315, 316, 318, or 647(b) or any offense which, if committed or attempted in this State, would have been punished as one of the more above mentioned offenses; or 2. Any law requiring registration under provisions of Penal Code Section 290; or 3. Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058 or the possession for sale and /or possession of a controlled substance specified in the Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058 in the massage establishment or any offense which, if committed or attempted in this State, would have been punishable as one or more of the above - mentioned offenses; or 4. Newport Beach Municipal Code Sections 5.50.025B(1), _ 5.50.025B(2)1 5.50.025B(6), 5.50.025B(7), 5.50.040B(1), 5.50.040B(2), 5.50.040B(5), 5.50.050(7) or 5.50.050(9). The notice set forth above shall be prepared and issued by the City Manager. The notice shall be conspicuously posted in a location within the massage establishment that is easily visible to any person entering the premises and in each massage room. The notice shall be so posted for twelve (12) months following the conviction of any of the offenses set forth above. Any subsequent convictions that occur within the twelve (12) month period shall extend the time required to keep the notice posted for an additional consecutive twelve (12) months. The requirement for posting the notice described in 46this Section is cumulative and in addition to all other remedies, violations and penalties set forth in this Chapter or in the • ordinances, laws, rules or regulations of the City of Newport Beach, County of Orange and the State of California. 7 Section 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper with fifteen (15) days after its adoption. Section 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of May , 1988, and adopted on the 23rd day of May , 1988, by the following vote, to -wit: i AYES, COUNCIIMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Strauss, Turner NOES, COUNCIIMEMBERS 10