HomeMy WebLinkAboutAgenda Statement 1988/03/11 Item 10COUNCIL AGENDA STATEMENT
• Item 10
Meeting Date 3/11/88
ITEM TITLE: Ordinance a ~~ 6 Adding Chapter 5.35 And Amending Sections
5.36.030 and 5.36.330 of the Chula Vista Municipal Code
Relating to Bathhouses
SUBMITTED BY: Assistant City Attorney SECC~i~J F`;~p~f~~~~ Af'°v,) ~,~0~'TfON
(4/5ths Vote: Yes No X )
This Agenda Statement presents an ordinance regulating the conditions under
which bathhouses could exist in the City of Chula Vista as directed by the
Council at its meeting of December 8, 1987. It is substantially identical to
that adopted by the County of San Diego and which the County of San Diego
requested the incorporated cities in the County of San Diego to adopt to
enable the County to more effectively enforce regulations which would inhibit
the spread of Aids.
RECOMMENDATION: That Council place the ordinance and first reading if it
meets with its approval.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
•ISCUSSION:
The proposed ordinance, like the County ordinance after which it was
patterned, establishes a licensing scheme dually enforced by the Chief of
Police and the City Health Officer (County Director of Health Services, by
contract). It requires certain facilities, including separate toilet
facilities for members of the opposite sex, lavatories or wash basins, and
adequate light and air (Section 5.35.106). It establishes certain minimum
operating requirements, including maintenance of the premises and personnel in
clean and sanitary condition, the wearing of clean outer garments by
employees, freshly laundered sheets and towels, clean and sanitary heat rooms,
shower compartments, toilets and bath tubs, and the provision of educational
programs for patrons in consultation with the San Diego County Regional Task
Force on AIDS (Section 5.35.107). It requires the maintenance of a register
of all persons employed (Section 5.35.109), as well as patrons (Section
5.35.113). It prohibits private rooms (Section 5.35.115), and prohibits the
provision of any service in an area capable of being locked (Section 5.35.114)
and authorizes periodic inspections by the Chief of Police and the Health
Officer (Section 5.35.118).
The ordinance also specifically defines the term "high risk sexual activity",
which activity is prohibited, and requires employees to monitor and expel from
the premises all persons engaged in high risk sexual activity from the
premises immediately (Section 5.35.116). 'Ihe proposed ordinance adds one
rovision not in the County ordinance making conduct in violation of this
tion a public nuisance subject to abatement action as well as license
evocation and/or other civil or criminal enforcement.
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Page 2, Item 10
Meeting Date ~/11/P8
The ordinance also makes technical changes to the existing massage parlor
ordinance to remove apparently inadvertent references to bathhouse-type
conduct from those provisions in Chapter 5.36.
If the ordinance is adopted, violations of the bathhouse ordinance and the
massage establishment ordinance will be independently capable of being
enforced by the Police Department. Of course, where an establishment
constitutes both a bathhouse and a massage establishment, both ordinances
could be enforced.
FISCAL IMPACT:
3929a
•
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by the/~ii:~ L:o_~„~i1 of
Chula Vi;tu, C~;'ifornia
Dated ~ ~~ ~ ~ -
Chula Vista, California
I Dated