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HomeMy WebLinkAboutOrd 1970-1312 ORDINANCE NO. 1312 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9, ARTICLE II OF THE CHULA VISTA CITY CODE BY REPEALING SECTIONS 9.30 THROUGH 9.35 INCLUSIVE OF SAID CHAPTER 9, ARTICLE II AND SUBSTITUTING INSTEAD AND IN PLACE THEREOF NEW SECTIONS 9.30 THROUGH 9. 64, ALL RELATING TO THE REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS The City Council of the City of Chula Vista does ordain as SECTION I: That Sections 9.30 through 9.35 of the Chula City Code be, and the same are hereby repealed. SECTION II: That new Sections 9.30 through 9.64 be, and the hereby established, to be and to read as follows: Section 9.30. Citation of Ordinance This article may be cited as the Chula Vista massage es- tablishment ordinance. Section 9.31. Purpose and Intent It is the purpose and intent of this article to establish appropriate rules and regulations for the conduct of massage businesses within the City of Chula Vista, said rules and regulations providing for the proper training and qualifi- cations of massage technicians, the requirements of certain facilities and the physical layout for massage establishments and the manner in which said businesses may be conducted as necessary to protect the public health, safety and general welfare. The massage business is declared to be a busi- ness subject to police and health regulations in the interests of protecting the patrons of such establishments. Section 9.32. Rules of Construction This article shall be construed liberally in order to effectuate its purposes. Unless otherwise specifically prescribed in this article, the following provisions shall govern its interpretation and construction: a. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. b. Time is of the essence in this article. No license or permit holder shall be relieved of his obli- gation to comply promptly with any provision of this article by any failure of City to enforce prompt compliance with any of its provisions. - 1 - . . ..._-------- _._,--~-. c. Any right or power conferred or duty imposed upon any officer, employee, department or board of City is subject to transfer by operation of law to any other officer, employee, department or board of City. d. No license or permit holder shall have any re- course whatsoever against City for any loss, cost, expense or damage arising out of any provision or requirement of this article or the enforcement thereof. e. This article does not relieve any license or permit holder of any requirement of the City Charter or of any ordinance, rule, regulation or specification of City. f. No license or permit holder possessing such a license or permit as of the effective date of this article shall be relieved of his obligation to comply fully with the provisions of this article within the reasonable time established herein. Section 9.33. Definitions Whenever in this article the following words or phrases are used, they shall mean: a. IICityll shall mean The City of Chula Vista, a municipal corporation in the State of California. b. "Personll shall mean a natural person, firm, co-partnership, association or corporation. c. "Health Department" shall mean the Department of Public Health of the County of San Diego when the City department is enforcing the terms of this article. d. IIMassagell shall mean a method of procedures upon the external parts of the body including, but not limited to, rubbing, stroking, kneading, tapping wi th the hand or any instrument, facial massage, fomentations, electric or magnetic treatment or alcohol rubs. e. "Massage Establishment" shall mean an establish- ment having a fixed place of business where any person engages in, conducts, carries on or permits to be en- gaged in, conducted or carried on any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt, shower, sponge, or any other kind or character of baths where massages, as defined in this article, or other similar procedures are given or administered. f. "Massage Technician" or "Technician" shall mean any person, male or female, who gives or administers to another person, for any form of consideration, a "massagell or "bathll as those words are defined in this article. g. "License II shall mean the business license to operate a massage establishment required by this Code. h. "Permit II shall mean the permit to engage in the activities of a massage technician required by this article. - 2 - Section 9.34. Massage Establishment License Required It shall be unlawful for any person to engage in, conduct, carryon or permit to be engaged in, conducted or carried on in or upon any premises within the City of Chula Vista a massage establishment without the license required by this article. Section 9.35. Massage 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 9.36. Exceptions The requirements of Section 9.34 et seq. shall have no application and no effect upon and shall not be con- strued as applying to any persons designated as follows: physician, surgeon, chiropractor, osteopath, or any registered or licensed vocational nurse working under the supervision of a physic ian , surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in the State of California, nor shall the requirements of Section 9.34 et seq. apply to any treat- ment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice any such art or profession under the Business and Professions Code of the State of California or of any other law of this State. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the State of California to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiro- practors, or osteopaths or not, may not give massages or massage procedures. Section 9.37. 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 ($100.00 ) shall accompany the submission of each applica- tion to defray, in part, the cost of investigation and report. The fee required by this section shall not be required for an application to renew a license granted pursuant to this article provided, however, any establish- ment licensed prior to the effective 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 re- quired under any provisions of this Code. Section 9.38. Massage Technician Application Fee Any person desiring to obtain a permit to act as a massage technician shall make an application to the City Manager. A nonrefundable fee of Twenty-Five Dollars ($25.00) shall accompany the submission of each application to defray, in - 3 - -----~-" part, the costs of investigation and report. A permit to act as a massage technician does not authorize the opera- tion of a massage establishment. Any person obtaining a permit to act as a massage technician who desires to operate a massage establishment must separately 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 technician within said massage establishment who pays the fee required by Section 9.37 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 (30) days after the effective date of this ordi- nance obtain a permit as required by this section and comply with all other provisions of this article. Section 9.39. Application Contents Any applicant for a license or permit under this article shall submit the following information: a. The full name and present address of applicant. b. The previous addresses of applicant, if 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. Two recent portrait photographs at least 2" x 2" taken within the last six months. g. Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of the application. h. The business license or permit history of the applicant; whether such person, in previously operating in this or another 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. i. All arrests and/or convictions except minor traffic offenses with a full explanation of the circumstances therefor. 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 pre- ceding the date of the application, been examined and found to be free of any contagious or communicable disease. k. Applicant shall be required to furnish his fingerprints. - 4 - - - 1. Applicant must furnish a diploma or certificate of 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 mean and include any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage technicians; 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 shall be 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 Chula Vista shall have the right to confirm the fact that the applicant has actually attended classes in a recognized school for the afore- mentioned minimum time periods. In lieu of the fore- going educational requirements, an applicant may submit written proof that he or she has actually been engaged in practice as a massage technician for not less than one (1) year prior to the effective date of this article in the County of San Diego and shall successfully pass an examination in massage techniques to be administered by the City with the assistance of persons technically qualified to evaluate competency in massage techniques. m. Such other identification and information as the City Manager may require in order to discover the truth of the matters hereinabove specified as required to be set forth in the application. n. Nothing contained herein shall be construed to deny to the Police Department of the City of Chula vista the right to take the fingerprints and additional photo- graphs of the applicant, nor shall anything contained herein be construed to deny the right of said department to confirm the height and weight of the applicant. Section 9.40. 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 a massage establishment. b. Minimum lighting shall be provided in accordance with the Building Code of The City of Chula Vista and, in addition, at least one artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons. c. Minimum ventilation shall be provided in accordance with the Building Code of The City of Chula Vista. d. Equipment approved by the Health Department for disinfecting and sterilizing instruments used in performing acts of massage shall be provided. - 5 - . - - - ~..--_._---_.._----_.- .-.- e. Hot and cold running water shall be provided at all times. f. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen. g. In any establishment in which massage services are rendered only to members of the same sex at anyone time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed. 1 h. Adequate bathing, dressing, locker, and toilet , facilities shall be provided for 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 estab- lishment; provided, however, that if male and female patrons are to be served simultaneously at said estab- lishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons. Further, in those establishments where steam rooms or sauna baths are pro- vided if male and female patrons are to be served simul- taneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. i. All walls, ceilings, floors, pools, showers, bath- tubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department each day the business is in opera- tion. Bathtubs shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department after each use. j. Clean and sanitary towels and linens shall be pro- vided for each patron of the establishment. No common use of towels or linens shall be permitted. k. A minimum of one separate wash basin shall be provided in each massage establishment for the use of 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, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. 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 re- quired to comply with all applicable provisions of this Code. - 6 - Section 9.41. Compliance By Existing License Holders A licensee of an existing massage establishment as of the effective date of this article shall be required to fully comply with all provisions of Section 9.40 of this article within one hundred twenty (120) days of the effective date of this article. Section 9.42. Procedures For Application For Permits 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 recom- mendation as to the approval or denial of the permit to the City Manager. The Department of Building and Housing, the Fire Depart- ment and the County Health Officer shall inspect the premises proposed to be devoted to the massage estab- lishment and shall make separate recommendations to the City Manager concerning compliance with the foregoing provisions. The City Manager, or his designee, after receiving the aforementioned and described recommendations, shall grant a permit to the establishment if all requirements for a massage establishment described herein are met, and shall issue a permit to all persons who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of any such person reveals a conviction of a felony or a crime of moral turpitude. The City Manager may recommend to the City Council that an individual business establishment shall be subject to a public hearing and Council approval, when in his judgment any such business establishment has an effect upon the public health, safety, or welfare of the community. Any person denied a permit by the City Manager or his designee pursuant to these provisions may appeal to the City Council in writing, stating reasons why the permit should be granted. The City Council may grant or deny the permit and such decision shall be final upon the applicant. Also, the City Council may elect on its own motion to review any determination of the City Manager granting or denying a permit. All permits issued hereunder are nontransferable; pro- vided, however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. Section 9.43. Display of Permit Every person, association, firm, or corporation to whom or for which a permit shall have been granted shall display - 7 - ._---,.._.._-~-- .--.--.---.,..-->- said permit in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage, bath, or treatment is given. Section 9.44. 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 9.45. Change of Location A change of location of a license 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 fee of Twenty-Five Dollars ($25.00) to defray, in part, the costs of investigation and report has been paid to city. section 9.46. Sale or Transfer Upon the sale or transfer of any interest in a massage es tab li shmen t , the permit and license shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the massage establish- ment. A fee of Twenty-Five Dollars ($25.00) shall be payable for each such application involving sale or other transfer of any interest in an existing massage establish- ment. The provisions of Section 9.39 of this article shall apply to any person, firm, or entity applying for a massage establishment permit for premises previously used as such establishment. Any such sale or transfer of any interests in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment, shall require inspection and shall require compliance with Section 9.40 of this article. Section 9.47. 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 practice acts of massage. Section 9.48. Records of Treatments Every person, association, firm, or corporation operating a massage establishment under a license as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information - 8 - "-.....--"..-- --.--- furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of The City of Chula vista shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this Code, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. Said records shall be maintained for a period of two (2) years. Section 9.49. Inspection The Departments of Building Inspection, Housing, Fire, Health, and Police shall, from time to time and at least four (4) times each year, make an inspection of each massage establishment in the City of Chula Vista for the purpose of determining that the provisions of this Code are met. Section 9.50. Off Premises Massages It shall be unlawful for any person to engage in, conduct, carryon 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) main- taining 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 9.51. Applicability of Regulations to Existing Businesses The provisions of this article 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 article. Section 9.52. Suspension of License or Permit In the event that any person holding a license or permit issued pursuant to this article shall violate or cause or permit to be violated any of the provisions of this article, or any provision of any other ordinance or law relating to or regulating said business or occupation, or shall conduct or carryon such business or occupation in an unlawful manner, the City Manager, may, in addition to other penal- ties provided by ordinance, suspend or revoke the license or permit issued pursuant to this article. For the purpose of this section, a criminal court conviction shall not be required to support a finding of a violation of any law. - 9 - Section 9.53. Hearing Procedure Before denying, suspending or revoking a license or permit issued pursuant to this article, the City Manager shall call a hearing as provided in this article. Section 9.54. Notice of Hearing Upon the calling of such a hearing, the City Manager shall cause a written notice of hearing specifying the time and place of hearing and the reason for such denial, suspension or revocation to be served personally or by mail upon the license or permit holder. Such service shall be made at least five (5) days before the hearing. The day after mailing shall be deemed the first of the five (5) days for determining the five (5) day period. Section 9.55. Hearing At the time and place which is appointed for the hearing, the City Manager shall hear the parties and take evidence. Section 9.56. Rules of Evidence The hearing need not be conducted according to the sta- tutory or common law rules of evidence. Any relevant evidence may be admitted and considered by the City Manager if it is the sort of evidence on which respon- sible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the City Manager. Section 9.57. Decision At the conclusion of the hearing, the City Manager shall make an order. Such order can: (a) dismiss the charges; (b) suspend or revoke the license or permit; or (c) affix such other conditional and probationary orders as may be proper for the enforcement of this article. A copy of the decision specifying findings of fact and the reasons for the decision shall be furnished to the license or permit holder who shall be informed of his right to appear pursuant to Sections 9.60 and 9.61 of this article. Section 9.58. Stay of Suspension or Revocation The effect of a decision by the City Manager shall be stayed while an appeal to Council is pending or until the time for filing such appeal has expired except as provided in Section 9.59 of this article. Section 9.59. Exception to Hearing Procedure When, in the opinion of the City Manager there is an immediate threat to the public health, welfare or safety, he may deny, suspend or revoke a license or permit issued - 10 - pursuant to this article without calling a hearing. The person affected may appeal such decision pursuant to Sections 9.60 and 9.61 of this article. The effect of such decision shall not be stayed during pendency of such appeal. Section 9.60. Commencement of Appellate Procedure Any person affected by an action taken or purported to be taken under authority of this article, or by a failure to act in conformity with this article, may appeal such action or failure to act by filing within ten (10) days of such act or failure, an appellate petition with the City Clerk on a form furnished by her. Section 9.61. Appellate Hearing The City Clerk shall set the appeal for public hearing. Notice thereof shall be published in a newspaper of general circulation at least once ten (10) days prior to the date of the hearing which shall be within thirty (30) days after appellant files his appellate petition. At the conclusion of the hearing, Council shall by resolution grant or deny the appeal. When the appellate petition is filed with the City Clerk, any action which is the subject of the appeal shall be stayed until Council decides the appeal, except as provided in Section 9.59 of this article. If Council grants the appeal, Council shall direct the appropriate action of the City Manager. If Council denies the appeal the action of the City Manager becomes effective immediately upon denial. Section 9.62. violation and Penalty a. Every person, except those persons who are speci- fically exempted by this article, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment or room, or who gives or administers, or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths, vapor baths, fomentation, sun baths, mineral baths, alcohol rubs, Russian, Swedish or Turkish baths, or any other type of therapy or who does or practices any of the other things or acts mentioned in this article without first obtaining a permit and paying for a license so to do from the City, or shall violate any provision of this article shall be guilty of a misdemeanor. b. Any owner, operator, manager, or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a massage tech- nician as defined in this article who is not in possession of a valid permit, or who allows such an employee to per- form, operate or practice within such a place of business, is guilty of a misdemeanor. - 11- --" -- -~ "..-- --.. ----- c. Any massage establishment operated, conducted, or maintained contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, revoke the business license pursuant to the procedure set forth in section 9.52, 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 enjoin any person from operating, con- ducting, or maintaining a massage establishment contrary to the provisions of this article. Section 9.63. Constitutionality If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article. The Council hereby declares that it would have adopted the article and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION III: This ordinance shall take effect and be in full force and effect on the thirty-first day from and after its passage and approval. Presented by Approved as to form by (1.// / )/ P·¿) / ¡'j/./ t~'· . ~ ,-t /'/'_.+ // /~___/> ,"--J / /<-~ ///) /' >-;;' , . c' --'\. ( ../ . '" , .',. '. c . /';Y'L -é. . £f . ./ _ _. J \' - -- /// ,/ \ ,. ,c-<~- r~7/0'/ I /V,- --G :_;¡-~_/ George D. Lindberg, City Att~r~ey George'D. Lindberg, City Attorriey - 12 - ADOPTED AND APPROVED by the CITï COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of December 1970 by the , - , following vote, to-wìt: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Councilmen None ABSENT: Counc~lmen None ~-Ii:-1J~~. Mayor of the City of Chula Vista "'",T ~~Æ:'" m ,3'Lf'.<"'Y (./.ci ty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M" FUT"AS Z " Clty Clerk of the City of Chula Vista" California, DO HEREBY CERTIFY that the above and foregoing is a full, Ordinance true and correct copy of No. 1312 and that the ~'ë'~~~~C~' . -~-~~ same has not been amended or repealed, DATED \ December 23, 1970 ---,~-~-.~.-~-",,~~~.~.~.~..,_.~,~~~~~~~~~~~= .._,._,~~ . ~=~ Clty Cl ---~_._.~--- --,