HomeMy WebLinkAbout03 - Massage Establishment Regulations - Redline VersionReceived After Agenda Printed
February 10, 2015
Item No. 3
Chapter 5.50
MASSAGE ESTABLISHMENTS
Sections:
5.50.005 Findings and Purpose.
5.50 010 Befia+t+eas
S -5�A4-5--- 5.50.010 Definitions.
5.50.015 State Certification and Operator's Permit Required.
5:58:920- 5.50.020 Application for Operator's Permit.
5-40-.026-5.50.025 Operators Permit Issuance and Denial.
5.50.030 Massage T-eGhRFGFaR PeFFnit.
5.50.045 Off PFeFnises Massage ReFFnit.
5-.59-.050--5.50.030 • of Operation.
5.50.055
5.50.060 FeeSt
5.60.065 ._
• • • TransfeF and ■
5:59.975- 5.50.035 Changes of Business.
5.50.040 Operator's Permit Exemptions.
5.50.045 Inspection by City Officials and Notices of Violation.
5.50.050 Operator's Permit Expiration and Renewal.
5.50.055 Suspension, Revocation, Denial and Appeal.
5.50.060 Fees.
5.50.065 Violation and Penalty.
54500085 SpypFaboky.
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5.50.070 Severability.
5.50.005 Findings and Purpose.
The City Council finds and declares as follows:
ReGessaFy to PFGteGt the health, safety and %velfaFe of the n-itiZeRS Gf the City,
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A. It is the purpose and intent of this chapter to provide for the orderly regulation of
offices and establishments providing massage therapy services, and to prevent and
discourage the misuse of massage therapy as a front for prostitution and related
activities in violation of state law, all in the interest of the public health, safety, and
welfare, by providing certain minimum building, sanitation, and operation standards for
such businesses, and by requiring certain minimum qualifications for the operators and
practitioners of such businesses. It is the further intent of this chapter to streamline local
massage therapy permitting procedures, while still facilitating and advancing the ethical
practice of massage therapy, by relying upon the uniform statewide regulations enacted
by the Legislature in 2008 and 2011 as Business and Professions Code sections 4600
et seg., and by restricting the commercial practice of massage in the city to those
persons duly certified to practice by the California Massage Therapy Council formed
pursuant to those statutes.
B. The restrictions and requirements contained in this chapter reduce the burdens on
the Police Department and permit the deployment of the police personnel such that
more serious crimes may be prevented and Fnere impeFtant laws enf49FGed.
1=.-
C_The regulations and restrictions contained in this chapter tend to discourage
massage establishments from degenerating into houses of prostitution and the means
utilized in this chapter bear a reasonable and rational relationship to the goals sought to
be achieved.
5.50.010 Definitions.
Unless the particular provision of the context otherwise requires, the definitions and
provisions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
"Approved School of Massage" means any school or institution of learning that is
recognized as an "approved school' pursuant to Business and Professions Code
Division 2, Chapter 10.5, as it may be amended.
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"California Massage Therapy Council" means the massage therapy organization formed
pursuant to California Business and Professions Code section 4600, and following, as
amended, and referred to as CAMTC herein.
"Certified Massage Business" means any business where the only persons employed or
used by that business to provide massages services have current and valid State
Certifications.
"Certified Massage Technician" means any person holding a current and valid State
Certificate issued by the CAMTC pursuant to California Business and Professions Code
section 4600, and following, as amended, whether as a massage practitioner or
massage therapist, as defined therein.
"Certified Sole Proprietorship" means any massage business where the owner is the
only person employed or used by that business to provide massage services and the
owner has a current and valid unconditional State Certification.
"Chief of Police" means the Chief of Police of the City of Newport Beach, or his /her
designated representative.
"City" means the City of Newport Beach.
"City Council" means the City Council of the City of Newport Beach.
"City Manager" means the City Manager of the City of Newport Beach, or his /her
designated representative.
"Conviction," 'convicted" means a plea or verdict of guilty or a conviction following a
plea of nolo contendere.
"Customer area" means areas open to customers of the establishment.
"Manager" means the person(s) designated by the operator of the massage
establishment to act as the representative and agent of the operator in managing day -
to -day operations with the same liabilities and responsibilities. Evidence of management
includes, but is not limited to, evidence that the individual has power to direct or hire and
dismiss employees, control hours of operation, create policy or rules or purchase
supplies.
teGhRisian permit-. A manager may also be an owner.
"Massage" means any method of treating the external parts of the body for remedial,
hygienic, relaxation or any other reason or purpose, whether by means of pressure on,
friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other
manner of touching external parts of the body with the hands, or with the aid of any
mechanical or electrical apparatus or appliance with or without supplementary aids such
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as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar
preparations commonly used in this practice.
"Massage establishment" means any business conducted within the City of Newport
Beach where any person, firm, association, partnership, corporation, or combination of
individuals engages in, conducts, carries on or permits to be conducted or carried on,
for money or any other consideration, administration to another person of a massage,
bath or health treatment involving massages or baths.
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'()wnpr" menns the ind;,Adual(s) whose Rame appeaFS GR the City business license.
"Operator" or "Owner' means any and all owners of a massage establishment that are
responsible for its day -to -day operations including any of the following persons: the
managing responsible officer /employee, a general partner, a limited partner, a
shareholder, a sole proprietor, or any person who has a five (5) percent or greater
ownership interest in a massage establishment whether as an individual, corporate
entity, limited partner, shareholder or sole proprietor.
"Operators Permit" means a permit issued by the Police Department upon submission
of satisfactory evidence as required that a massage business or sole proprietorship
employs or uses only certified massage therapists or practitioners possessing valid and
current State Certifications and has satisfied all other requirements pursuant to the
rovisions of this chapter
"Person" means any individual, or corporation, partnership, association or other group
or combination of individuals acting as an entity.
'Police Department' means the Police Department of the City of Newport Beach.
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"State Certification" or "State Certificate" means a valid and current certification properly
issued by CAMTC pursuant to California Business & Professions Code section 4600,
and following, as amended.
For purposes of this chapter the term "employee" shall include independent contractors.
5.50.015 State Certification and Operator's Permit Required.
practice massage for compensation within the City unless that individual is a Certified
Massage Technician and further, it shall be unlawful for any massage establishment to
provide massage services within the City unless all individuals employed by the
massage establishment to perform massage, whether as an employee or independent
contractor, are Certified Massage Technicians.
In addition, it shall be unlawful for any person, association, partnership, company or
corporation to operate a massage establishment within the City without first obtaining an
operator's permit pursuant to this chapter, securing
the necessary business license as required by this Code, and complying with Title :20A
489220 of this Code.
5.50.020 Application for Operator's Permit.
A. —_Any person desiring an operator's permit for a massage establishment shall file a
written application on the required form with the Police Department Gemm, ni y S^ ^°^^°
O€fiserCivilian Investigator who shall conduct an investigation._ The application shall be
accompanied by the appropriate filing fee established by resolution of the City Council.
The application shall be completed and signed by the operator of the proposed
massage establishment, if a sole proprietorship; one general partner, if the operator is a
partnership; one officer or one director, if the operator is a corporation; and one
participant, if the operator is a joint venture. The application for an operator's permit
does not authorize operation of a massage establishment unless and until such permit
has been properly graated issued. The application shall contain or be accompanied by
the following information in writing:
4—
The type of ownership of the business, i.e., whether by individual, partnership,
corporation or otherwise. _If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its articles of incorporation or
charter together with the State and date of incorporation and the names and
residence addresses of each of its current officers and directors, and of each
stockholder holding more than five percent of the stock of that corporation. _If the
applicant is a partnership, the application shall set forth the name and residence
of each of the partners, including limited partners. If it is a limited partnership, it
shall furnish a copy of its certificate of limited partnership filed with the Secretary
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of State. If one or more of the partners is a corporation, the provisions of this
subsection pertaining to corporations shall apply. _The applicant corporation or
partnership shall designate one of its officers or general partners to act as its
responsible managing officer. Such designated persons shall complete and sign
all application forms required for an individual applicant under this chapter, but
only one application fee shall be charged.
2_2—.The precise -full and true legal name under which the massage establishment
is-tewill be conducted.
3_3 -.—The complete address and all telephone numbers of the massage
establishment.
_ nlefn eRf I' s4 of the names - a„d -res,'a e addresses aA
The full and employees true legal name and
mailing address of the owner or owners of the massage establishment ^tee
Rome onrl r s.deRGe addF`sses of the manager 9F in ernpleyee d
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5. A_ copy of a State Certificate issued to each person who will be sipally -in
GhaFge of the operation providing massage services at the massage
establishment.
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1. G. copy of a photographic govern ment-issued identification _gardAGeep4able
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6.-7. The ,,,.^ ,,
,c and addPes° of the owner
{ to 13P cen.durAed In {h n{ the n nlinant is not the
aaassage or owners of the massage establishment
7. statement that the business will only employ or use persons with a State
Certificate to provide massage services and that failure to comply may result in
the suspension or revocation of the operator's permit.
8 A statement that the applicant will provide written notification of any changes to
the original application within 10 days of the change occurring.
9. Authorization for the City, its { ,na °"'nl^"° to seek
ueriftatieainvestigate the truth of the information contained in the application.
10.x0. statement iR wFiting and dated by the applicant that he or she certifies
under penalty of perjury that all information contained in the application is true
and correct.
11 A signed statement that the owner /applicant shall be responsible for the conduct
of all employees or independent contractors working on the premises of the
massage establishment and that failure to comply with any local state or federal
law or with the provisions of this chapter may result in the revocation of the
operator's permit.
B In addition to the requirements in section 5.50.020(A). the following information shall
be provided by any owner /applicant who does not have a State Certificate and owns
five (5) percent or more of the massage establishment:
2. AcQeptable proof that the applicant is at least eightgen (18) years ofgqe_�
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3.
Full, true
name, and other names used, date of birth and valid and current driver's license
and /or identification card issued by a state or federal govemmental agency or
other photographic identification bearing a bona fide seal by a foreign
government;
4. Two (2) photographs to be taken by the Police Department;
5. Current address and all previous residential addresses for eight (8) years
immediately preceding the present address of the applicant;
6. Business, occupation, and employment history for eight (8) years preceding the
date of application:
7. The name and address of any massage business or other like establishment
owned or operated by a person subject to the background check including but
not limited to history, if any, with any agency, board, city, county, territory, or
state and dates of issuance, denial, restriction, revocation, or suspension, and
the reasons therefor of any individual or business permit; and
8. A complete set of fingerprints taken by the Police Department subject to a fee to
cover actual costs to determine whether the applicant has any of the following:
a. All convictions for any crime involving conduct which requires registration
under California Penal Code section 290 (Sex Offender Registration Act);
b. Convictions of violations of California Penal Code sections 2661
(pandering). 315 (keeping or residing in house of ill- fame), 316 (keeping
disorderly house), 318 (prevailing upon person to visit place for gambling
or prostitution), 647(b) (prostitution), 653.23 (supervision of prostitute):
c. Convictions of any felony offense involving the sale of a controlled
substance specified in section 1104, 11055, 11056, 11057, or 11058 of
the Health and Safety Code;
d. Convictions of crimes designated in Government Code section 51032
(massage — grounds for denial of license), or any crime involving
dishonesty, fraud, deceit, violence or moral turpitude;
e. All injunctions for nuisances under Penal Code section 11225 — 11235
(red light abatement law);
f. Convictions in any other state of any offense which, if committed or
attempted in this state, would have been punishable as one or more of the
referenced offenses of this subdivision;
g. Conspiracy or attempt to commit any such offense described in
subsections a -f of this subpart.
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3.
Full, true
name, and other names used, date of birth and valid and current driver's license
and /or identification card issued by a state or federal govemmental agency or
other photographic identification bearing a bona fide seal by a foreign
government;
4. Two (2) photographs to be taken by the Police Department;
5. Current address and all previous residential addresses for eight (8) years
immediately preceding the present address of the applicant;
6. Business, occupation, and employment history for eight (8) years preceding the
date of application:
7. The name and address of any massage business or other like establishment
owned or operated by a person subject to the background check including but
not limited to history, if any, with any agency, board, city, county, territory, or
state and dates of issuance, denial, restriction, revocation, or suspension, and
the reasons therefor of any individual or business permit; and
8. A complete set of fingerprints taken by the Police Department subject to a fee to
cover actual costs to determine whether the applicant has any of the following:
a. All convictions for any crime involving conduct which requires registration
under California Penal Code section 290 (Sex Offender Registration Act);
b. Convictions of violations of California Penal Code sections 2661
(pandering). 315 (keeping or residing in house of ill- fame), 316 (keeping
disorderly house), 318 (prevailing upon person to visit place for gambling
or prostitution), 647(b) (prostitution), 653.23 (supervision of prostitute):
c. Convictions of any felony offense involving the sale of a controlled
substance specified in section 1104, 11055, 11056, 11057, or 11058 of
the Health and Safety Code;
d. Convictions of crimes designated in Government Code section 51032
(massage — grounds for denial of license), or any crime involving
dishonesty, fraud, deceit, violence or moral turpitude;
e. All injunctions for nuisances under Penal Code section 11225 — 11235
(red light abatement law);
f. Convictions in any other state of any offense which, if committed or
attempted in this state, would have been punishable as one or more of the
referenced offenses of this subdivision;
g. Conspiracy or attempt to commit any such offense described in
subsections a -f of this subpart.
C The Chief of Police or authorized representative shall have up to sixty (60) days
after the submission of all required information to complete the investigation. The sixty
(60) day period may be extended for up to thirty (30) additional days, if necessary, to
complete the investigation. The Gh f Of o I shall iSSUe SUGh eFFAIf as """' eSted
he4;he makes any Of the fGlIG g f nd!RgS. Upon completion of the investigation.
an operator's permit may be issued if the requirements under section 5.50.025 are
satisfied.
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5 50 025 Operator's Permit Issuance and Denial.
A. The Police Department may issue an operator's permit to a Certified Massage
Business that demonstrates all of the following:
1 The applicant has submitted an application in compliance with section 5.50.020;
2 That the operation as proposed by the applicant, if an idaal -,Q mitted.
complies with all applicable laws including but not limited to the City's building,
zoning business license and health regulations;
3. The massage establishment employs or aRy of the effiGeFs GF diFBGt49F uses only
Certified Massage Technicians to perform massage whose certifications are valid
and current and that owners of the ;
OF a paFtaeF,ifState Certificates are the same persons to whom CAMTC issued
valid and current identification cards;
4. That the applicant is a ^^F'^°~ °h'^ er ^ ^" —has not made a material
misrepresentation in the application or with respect to any other document or
information required by the City with respect to the application; and
5 That the background check for any applicant/owner, if authorized by this chapter,
shows that such person d' star eRgaged 9r emple, ed in the massage
establoGhmeRt hRS -
a Has not been required to register under the provisions of section 290 of
the California Penal Code;
b Has not had a conviction in a court of competent jurisdiction within eight
!§,years preceding the �'de ef the - application: for any of the crimes
identified in section 5.50.025(B)(7);
—,
_, _,
listed r.FiFRes;
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c. e. °°°^ subje ^* °'Has not had an individual or business permit or
license with any agency, board, city, county, territory, or state denied,
revoked, restricted, or suspended within the last eight (8) years; and
d. Has not been subject to an injunction for nuisance under Penal Code
section 11225 — 11235 within the last eight (8) years.
B. The Police Department may deny an application for an operator's permit for any of
the following reasons:
1. The applicant made a material misstatement or omission in the application or in a
previous application. If the Police Department finds substantial evidence that an
application contains a knowing or intentional material misstatement or omission,
the Police Department shall deny the application;
2. The applicant violated any provision of this chapter and the permit was previously
suspended or revoked for any violation of this chapter;
3. The applicant violated any provision of this chapter on more than two (2)
occasions provided that the applicant received timely notice of each violation;
4. The applicant has been convicted of or pled guilty or no contest to any offense
involving the use of force or violence upon another person, pandering,
solicitation, or prostitution;
5. The applicant was convicted of, or pled guilty or no contest to a violation of Penal
Code section 415 as a result of an arrest for violation of Penal Code section
647(b):
6. The applicant has previously held a massage establishment license, massage
practitioner permit or similar permit or license that the City of Newport Beach, the
state, or any other public agency has suspended or revoked or that the permittee
surrendered while under investigation or being prosecuted by a government
entity in a civil, administrative, or criminal proceeding for a violation of local, state
or federal law; or
The applicant, any business owned or managed by the applicant while the applicant
owned or managed the business, the applicant's current employer, or the applicant's
former employer during the applicant's employment is or was a named party subject to
a permanent injunction against the conducting or maintaining of a nuisance pafsuant -te
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5 50.050 Requirements of Operation.
A.— Facilities.
1_Structure._ Massage shall be carried on in a structure which is located in a zoning
district which permits such use. _When a new massage establishment is
constructed, threes sets of plans shall be submitted to the City and the County
Health Care Agency for approval and shall be accompanied by the appropriate
plan check fee.
2_2—.—Signs._ Each operator shall post and maintain, adjacent to the main entrance
and the front of the business, a 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 and /or on duty manager
shall display the operator's permit in a conspicuous public place in the lobby of
the massage establishment. Each Certified Massage Technician shall displav
identification card in his or her possession while providing massage services for
compensation. The hours of operation must be posted in the front window and
clearly visible from the outside. The operator and/or on duty manager must also
post, on a daily basis in a conspicuous public place in the lobby, the name of the
operator and /or on duty manager as well as any ea dutyemplovees or
independent contractors providing massage teshaisiaasservices.
3_3�Services List._ Each operator shall post and maintain a list of services
available and the cost of such services in a conspicuous public place within the
premises. _No operator or responsible managing employee shall permit, aad ae
any service other than those posted.
4_4— Lighting._ Each operator shall provide in each room where massage is given
sufficient lighting and ventilation that complies with the Uniform Building Code.
The lighting in each massage room shall be at least one sixty (60) watt white light
bulb and shall be activated at all times while the patron is in such room or
enclosure. No strobe flashing lights shall be used._ No colored lights shall be
used nor shall any coverings be used which change the color of the primary light
source.
5_6 —Bath Facilities. A minimum of one aLtoilet and one 1 separate wash basin
shall be provided for patrons in each massage establishment, which basin shall
provide soap or detergent and hot running water at all times and shall be located
within close proximity to the area devoted to the performing of massage services.
A permanently installed soap dispenser, filled with soap, and a single service
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42.
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•\ EMAN-7A
5 50.050 Requirements of Operation.
A.— Facilities.
1_Structure._ Massage shall be carried on in a structure which is located in a zoning
district which permits such use. _When a new massage establishment is
constructed, threes sets of plans shall be submitted to the City and the County
Health Care Agency for approval and shall be accompanied by the appropriate
plan check fee.
2_2—.—Signs._ Each operator shall post and maintain, adjacent to the main entrance
and the front of the business, a 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 and /or on duty manager
shall display the operator's permit in a conspicuous public place in the lobby of
the massage establishment. Each Certified Massage Technician shall displav
identification card in his or her possession while providing massage services for
compensation. The hours of operation must be posted in the front window and
clearly visible from the outside. The operator and/or on duty manager must also
post, on a daily basis in a conspicuous public place in the lobby, the name of the
operator and /or on duty manager as well as any ea dutyemplovees or
independent contractors providing massage teshaisiaasservices.
3_3�Services List._ Each operator shall post and maintain a list of services
available and the cost of such services in a conspicuous public place within the
premises. _No operator or responsible managing employee shall permit, aad ae
any service other than those posted.
4_4— Lighting._ Each operator shall provide in each room where massage is given
sufficient lighting and ventilation that complies with the Uniform Building Code.
The lighting in each massage room shall be at least one sixty (60) watt white light
bulb and shall be activated at all times while the patron is in such room or
enclosure. No strobe flashing lights shall be used._ No colored lights shall be
used nor shall any coverings be used which change the color of the primary light
source.
5_6 —Bath Facilities. A minimum of one aLtoilet and one 1 separate wash basin
shall be provided for patrons in each massage establishment, which basin shall
provide soap or detergent and hot running water at all times and shall be located
within close proximity to the area devoted to the performing of massage services.
A permanently installed soap dispenser, filled with soap, and a single service
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towel dispenser shall be provided at the restroom handwashhand wash sink. _No
bar soap can be used._ A trash receptacle shall be provided in each toilet room.
Showers may be provided at the operator's option.
6_6— Separate Rooms. _If male and female patrons are to be treated
simultaneously at the same massage establishment, separate massage rooms
shall be provided for male and female patrons._ This subsection (A)(6) shall not
apply if the establishment is operated as an accessory use within, and as part of,
spa services offered in a hotel as authorized under Title 2-020 of the Newport
Beach Municipal Code.
7_:7-.—Maintenance. All facilities for the massage establishment must be in good
repair and shall be thoroughly cleaned and sanitized each day the business is in
operation. All walls, floors and ceilings of each restroom and shower area shall
be made smooth and easily cleanable. _No carpeting shall be installed in any of
these areas.
8_9— Massage Table._ A massage table shall be provided in each massage room
and the massage shall be performed on this massage table. The tables should
have a minimum height of eighteen (18) inches. Two —inch thick foam pads
with a maximum width of fours feet may be used on a massage table and must
be covered with durable, washable plastic or other waterproof material. _Beds,
floor mattresses and waterbeds are not permitted on the premises.
B.— Operations.
1. General Conditions. All massage establishments and individuals providing
massage for compensation shall comply with the following conditions:
a. No person shall massage the genitals or anal region of any patron no
shall an operator or manager of a massage establishment allow or permit
such massage. In addition, no person shall provide -massage of female
breasts without the written consent of the person receiving the massage
and a referral from a licensed California health care provider nor shall an
operator or manager of a massage establishment allow or permit such
massage.
b. No person shall, while performing any task or service associated with the
massage establishment, be present in any room with a patron unless the
patron's genitalia and in the case of a female, her breast(s), are fully
covered.
c. No person shall massage any patron unless the patron's genitalia, and in
the case of a female, her breast(s), are fully covered.
2. Equipment._ Each operator and /or on duty manager shall provide and maintain
on the premises adequate equipment for disinfecting and sterilizing instruments
used in massage.
massage establishmeRt by the Gity's Building and Safety, Fire DepartmeRt and PE)
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3. 3— 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.
A,._4.—Living Prohibited. _No person or persons shall be allowed to live inside the
massage establishment at any time. All living quarters shall be separate from the
massage establishment._ No food of any kind shall be prepared for sale or sold in
the establishment unless an appropriate food vending permit is granted by the
County of Orange.
5_�— Alcoholic Beverages /Drugs._ No person shall enter, be in, or remain in, any
part of a massage establishment licensed under this chapter while in possession
of, consuming, using or under the influence of, any alcoholic beverage or
controlled substance. The owner, operator and manager shall be responsible to
ensure that no such person shall enter or remain upon the massage
establishment. Service of alcoholic beverages shall not be permitted.
6_6— Recordings._ No electrical, mechanical or artificial device shall be used by
the operator or any employee of the massage establishment for audio and /or
video recording or for monitoring the performance of a massage, or the
conversation or other sounds in the massage rooms without the knowledge or
consent of the patron.
7. �— Roster. _The owner, operator, or on duty manager of the massage
establishment shall keep a complete and current list of the names and residence
addresses of all massage technicians and employees of the massage
establishment and the name and residence addresses of the manager or
managing employee purported to be principally in charge of the operation of the
massage establishment. This roster shall be kept at and /or on the premises and
be available for inspection by officials charged with enforcement of this chapter.
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3. 3— 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.
A,._4.—Living Prohibited. _No person or persons shall be allowed to live inside the
massage establishment at any time. All living quarters shall be separate from the
massage establishment._ No food of any kind shall be prepared for sale or sold in
the establishment unless an appropriate food vending permit is granted by the
County of Orange.
5_�— Alcoholic Beverages /Drugs._ No person shall enter, be in, or remain in, any
part of a massage establishment licensed under this chapter while in possession
of, consuming, using or under the influence of, any alcoholic beverage or
controlled substance. The owner, operator and manager shall be responsible to
ensure that no such person shall enter or remain upon the massage
establishment. Service of alcoholic beverages shall not be permitted.
6_6— Recordings._ No electrical, mechanical or artificial device shall be used by
the operator or any employee of the massage establishment for audio and /or
video recording or for monitoring the performance of a massage, or the
conversation or other sounds in the massage rooms without the knowledge or
consent of the patron.
7. �— Roster. _The owner, operator, or on duty manager of the massage
establishment shall keep a complete and current list of the names and residence
addresses of all massage technicians and employees of the massage
establishment and the name and residence addresses of the manager or
managing employee purported to be principally in charge of the operation of the
massage establishment. This roster shall be kept at and /or on the premises and
be available for inspection by officials charged with enforcement of this chapter.
Page L21
8_8— 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.
9_P-.—Records._ Every person operating a massage establishment shall keep a
record of the dates and hours of each treatment or service, the name and
address of the patron, the name of technician administering such service, and a
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 upon demand only by officials charged with
enforcement of this chapter and for no other purpose. _The Police Department
shall periodically inspect the records to ensure compliance with this section.
Such records shall be kept on the premises of the massage establishment for a
period of two years. The information furnished or secured as a result of any such
records should be used only to ensure and enforce compliance with this chapter,
or any other applicable State or Federal 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.
10.10. Hours of Operation. The owner must advise the City of the business hours
and any changes in hours, in writing, at the time of the application for aan
operators permit ._ No person
shall eperate-a– massage establishment or administer ashall be open and no
massage
off ^•^^A'°^° massage ^ rmitshall be provided between the hours of ten p.m.
(10:00 p.m.) and eight a.m. (8:00 a.m.). A massage begun any time before ten
p.m. (10:00 p.m.) must nevertheless terminate at ten p.m. (10:00 p.m.). All
customers, patrons and visitors shall be excluded from the massage
establishment during these hours and be advised of these hours. _The hours of
operation must be displayed in a conspicuous public place in the lobby within the
massage establishment and in the front window clearly visible from the outside.
11.11 Dress Code. No employee or independent contractor of a massage
establishment or any other person engaged in the practice of massage for
compensation shall dress in attire that is transparent or see- through or
substantially exposes the person's undergarments. In addition, no employee or
independent contractor of a massage establishment or any other person
engaged in the practice of massage for compensation shall dress in a manner
that exposes the person's breasts, buttocks, or genitals or in a manner that
constitutes a violation of section 314 of the California Penal Code.
12. Advertising. No massage establishment granted aan operator's permit under this
chapter shall place, publish or distribute or cause to be placed, published or
distributed any advertising matter that depicts any portion of the human body that
Page 122
would reasonably suggest to prospective customers or clients that any service is
available other than those services described in this chapter, nor shall any
massage establishment employ language in the text of such advertising that
would reasonably suggest to a prospective patron that any service is available
other than those services authorized by this chapter.
13.'x. u d c' Fea.Disabilities. All massage establishments must comply
with all Stqte and Federal and State laws and regulations for
haadieappeddisabled customers.
be ed
14.45. Doors. All interior doors (exsept
of a
massage establishment) shall be unlocked during business hours. All massage
establishments with more than one employee shall keep front exterior doors
unlocked during business hours. No massage may be given within any cubicle,
room, booth or any area within a massage establishment which is fitted with a
door capable of being locked; unless the only door is an exterior door.
lid permit h i he
15.x- Access. No person(s) other than valid
manager, employees, and customers will be allowed beyond the front
lobby, located directly inside the front door entrance during hours of operation.
Any other person(s) found beyond the first interior door leading to the inside of
the business including, but not limited to, hallways, massage rooms,
reception /business offices or lounge area will be in violation of this section.€atry
17. Discrimination. _No massage establishment may discriminate or exclude patrons
on the basis of thea protected class such as race, sex—,color national origin, ancestry,
religion, physical or mental disability, medical condition marital status veteran status
sex sexual orientation, age or haadieap
.. ..,.
Pa a 123
THIS MASSAGE ccT481ISH ENT AND THE IS442S GF ROOMS DO NOT
PROVIDE COMRI F=TC PRIVACY AND ARE cl IR'F=GT TO INSPE `TION RV T14E
AIC�AIRh RT RCAC- ' R/lI IGF= f1CDARTMCAIT \AIITLI(ll IT RRIGR AIOTIGE
massage Feem. The net'Ap shall be sG pested f9F twelve (12) MeRths the
16. .
Ghapter, OF iR the laws, R+Ie— r and regulations -ef- t#e-G+ty--ef
5.50.955035 Changes of Business.
A. - -Every massage establishment operator shall report 'm^, ed:at-ly to the Police
Department by way of written notification within ten (1 0) days any and all changes of
ownership or management of the massage establishment, including, but not limited to,
changes of manager or other person principally in charge, stockholders holding more
than five percent of the stock of the corporation, officers, directors and partners in any
and all changes of name, style or designation under which the business is to be
conducted, and all changes of address or telephone numbers of the massage business.
A change of location of any of the premises may be approved by the Chief of Police
provided there is compliance with all applicable regulations of the City.
B. —_No massage --!� !'-.•4w • toperator's permit may be sold, transferred or assigned
by a perrnitteepermit holder, or by operation of law, to any other person or persons.
Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall
be deemed to constitute a voluntary surrender of such permit and such permit shall
thereafter be null and void; provided and excepting, however, that if the permitteepermit
holder is a partnership and one or more of the partners should die, one or more of the
surviving partners may acquire, by purchase or otherwise, the interest of the deceased
partner or partners without effecting a surrender or termination of such operator's
permit, and in such case, the permit, upon notification to the Chief of Police, shall be
placed in the name of the surviving partners. An operator's
permit issued to a corporation shall be deemed terminated and void when either any
outstanding stock of the corporation is sold, transferred or assigned after the issuance
of aan operator's permit, or any stock authorized but not issued at the time of the
granting of a permit is thereafter issued or sold, transferred or assigned. Ne massage
5.50.060 €ees040 Operator's Permit Exemptions.
Page 124
IN MWOU -
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A. —_The ,er.Msarovisions of this chapter shall have Re aPP11Gati9R and no effeG
POR and shall not a! Pl to afl -the following classes of
persons designated as iellovisi. State IiGeRsed physiGians r businesses while engaged
in the performance of their duties:
1. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical
therapists, ^°`^^^aths steFed ^• duly licensed to practice their
respective professions in the State of California and working within the scope of
their licenses.
Barbers, cosmetologists, estheticians, and manicurists who are dulv licensed vesatienal
nRra�rrr�er-r.wm.m r�rr_r.-xarr-s�rr. . - - .
2. of California while engaging in practices
within the scope of their licenses, except that this provision shall apply solely to
the massaging of the erdeRaRGe Gedified iR this GhapteF, all peFFROtS aFe tG beneck
face, hands and feet, and /or scalp of the customers, and this exception shall not
apply to fully body work or full body massage.
3. Hospitals, nursing homes, sanatoriums, or other health facilities duly licensed by
the State of California.
4. Accredited junior colleges and colleges or universities whose coaches and
trainers are acting within the scope of their employment.
5. Trainers of amateur, semi - professional or professional athletes or athletic teams
while engaging in their training responsibilities for and with athletes and trainers
working in conjunction with a specific athletic event such as an outdoor road or
bike race.
regular business hours prior to the issuance of a permit and subsequently for the
purpose of making reasonable inspections to enforce compliance with this chapter and
with building, fire, electrical, plumbing, and /or health and safety regulations. In the
event an operators permit has been issued. it may be revoked or suspended in the
manner set forth in this chapter
Pa a L25
B. Whenever Citv officials make an inspection of a massage establishment and find
• • . • .. •
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revocation may result in the or . • of the permit. - - -- - - - - - --- - - -- - - -
..
.. 1 111
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BDor...ito for .r...ssagn n rater maRageFs Rd tnnhninians-
C. The permit holder shall take immediate action to correct violations, and City officials
may re- inspect the business for compliance.
D. The permit holder may be issued a warning that any future violation of this chapter
may result in suspension or revocation of the permit or the City officials may establish a
specific and reasonable period of time for the correction of the violation(s). No time to
correct need be given for health and safety violations or violations of criminal law.
5.50.050 Operator's Permit Expiration and Renewal.
A. An operators permit shall be for a period of three years provided that the permittees
sentinuepermit holder continues to meet the requirements set out in this chapter.
G—
6_Applications for the next ensuing operator's permit shall be filed with the Chief of
Police before the expiration of the existing permit._ Temporary permits will not be issued
and renewal applications must be filed no later than sixty (60) days prior to the
expiration of the permit to prevent a lapse of the pe;^;it.
9-.-
C_Renewal applications shall require such information as may be required by the Chief
of Police to update the information contained in the original permit application._ The
applicant shall accompany the application for renewal with the appropriate filing fee
established by resolution of the City Council. (QFd. 99 -" § 4 1999: QFd 97 7 § o
Page 126
5.50.075055 Suspension, Revocation, Denial and Appeal.
A. tielat+ea Revocation and Neaseanpl.anse- Suspension of Operator's Permit. The
Chief of Police may refuse to renew aan operator's permit or may revoke or suspend an
existing operator's permit on any of the following grounds that the app"Gan
1. The permit holder has failed e GOmo, .,th� made a material
misrepresentation on the application for an operator's permit seaditieas —or
renewal;
2. The permit holder has engaged in conduct or otheF FequiFeme ^ +operated a
massage establishment in a manner which violates any of the provisions of this
chapter -, any conditions of the operator's permit, or any of the laws which would
have been grounds for denial of the permit;
3. The permit holder employs or uses any person who is not a Certified Massage
Technician to perform massage services;
4. Violations of this chapter or of California Business and Professions Code section
4_600 et seg. have been committed by the massage establishment or by anyone
performing massage services on behalf of the massage establishment; or
5. The permit holder has engaged in fraud, misrepresentation, or false statements
in obtaining or maintaining an operator's permit.
B. If a suspended permit lapses during the suspension period, a new application must
be made at the end of the suspension period.
helder shall have the right te appeal to theGity GGUAGil in the time and maRRer Get
in tl"•rz,�,s SeGtivii_
C. The term of OpeFateF s o ^...,,t
M....
Page 127
sr ri.��rsaaa.nrrar �arrsarr.�rerasrr_ .....rn..err�rtrs.
.... . ■.
D.--Notice.
4--
1_When the Chief of Police concludes that grounds for denial, suspension,
revocation or refusal to renew a permit exist, the Chief of Police shall serve the
applicant or permit holder, either personally or by certified mail addressed to the
business or residence address of applicant or permit holder, with a notice of
denial or notice of intent to suspend, revoke or refuse to renew permit. _This
notice shall state the reasons for the proposed action, the effective date of the
decision, and the right of the applicant or permit holder to appeal the decision to
the City GOURGil, and theManager. The decision will be final if no appeal is filed
within the time permitted.
E.— _Appeal.
1_4—The right to appeal to the City GeincilManager shall terminate upon the
expiration of fifteen (15) days effrom the date of mailing of the notice. The notice
of appeal is to be sent to the Police Department of the City of Newport Beach.
2_2-1n the event an appeal is timely filed, the suspension or revocation shall not
be effective until a final decision has been rendered by the City 6eansiI.Manaaer
or his or her designee. If no appeal is filed, the suspension or revocation shall
become effective upon expiration of the period for filing appeals.
1 3�The City Seansil Af the SityManager may preside over the hearing on appeal
or, in the alternative, the City Manager may appoint a hearing officer to conduct
the hearing, receive relevant evidence and to submit to the City 6ea440Manager
findings and recommendations to be considered by the City Seaneil.Manager.
The City 6euRG4Manager shall render 4shis or her decision within forty -five (45)
days from the date of the hearing or, in the event that a hearing officer has been
appointed, within forty -five (45) days from the date on which the City
CednsilManager receives the findings and recommendations of the hearing
officer. _The decision of the City 6eanaManager shall be final._ The applicant
shall be entitled to notice of the basis for the proposed action, a copy of the
documents upon which the decision was based and the opportunity to present
contrary evidence at the hearing. if the denial is based upon failiRg the test, the
4_4— Notice of the date, time and place of the hearing shall be mailed at least ten
(10) days prior to the date of the hearing, by U.S. Mail, with proof of service
attached, addressed to the address listed on the massageoperator's permit
application, rRassage teGhR *^'^^ app'icatien- or, the address given in the notice of
appeal, as the case may be.
5_&-.—The following rules andof evidence shall apply:
Page L28
a. a. Oral evidence shall be taken only under oath or affirmation._ The
hearing officer shall have authority to administer oaths, and to receive and
rule on admissibility of evidence.
b. b-.—Each party shall have the right to call and examine vOnesswitnesses,
to introduce exhibits, and to cross - examine opposing witnesses who have
testified under direct examination. _The hearing officer may call and
examine any witness.
c. G-.--Technical rules relating to evidence and witnesses shall not apply to
hearings provided for in this chapter. _Any relevant evidence may be
admitted if it is material and is evidence customarily relied upon by
responsible persons in the conduct of their affairs regardless of the
existence of any common law or statutory rule which might make
admission of such evidence improper over objection in civil actions.
Hearsay testimony may be admissible and used for the purpose of
supplementing or explaining any evidence given in direct examination, but
shall not be sufficient in itself to support a finding unless such testimony
would be admissible over objection in civil actions. The rules of privilege
shall be applicable to the extent they are now, or are hereafter permitted in
civil actions. _Irrelevant, collateral, undue, and repetitious testimony shall
be excluded.
6_6—No permit granted herein shall confer any vested right to any person or
business for more than the permit period.
teGhRiGians subjeGt to this GhapteF shall GOMPly with the pmvisiens of this Ghapte
5.50.060 Fees.
The City Council shall establish by resolution, and from time to time may amend, the
fees for the administration of this chapter. The City shall this resolution a
this chapter. Fees required by this chapter shall be in addition to any required under
any other chapter of this Code.
5.50.065 Violation and Penalty.
A.— Violations of this chapter may be enforced pursuant to the provisions of Chapter
404chaoter 1.04 of the Newport Beach Municipal Code.
B.--Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter shall be, and the same is declared to be, unlawful and a public
nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, proceeding or proceedings, for the
abatement, removal and enjoinment thereof, in the manner provided by law, and shall
take such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such massage establishments and restrain and
Page 129
enjoin any person from operating, conducting or maintaining a massage establishment
contrary to the provisions of this chapter.
5.50.085070 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this chapter. The
City Council hereby declares that it would have passed the ordinance codified in this
chapter, and each and every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether any portion of this chapter
would be subsequently declared invalid or unconstitutional. .
Ord. on cn § 1 i aFt 1994. Ora 925 a 1 (part), 1942
Page 130