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HomeMy Public PortalAboutOrdinance 438ORDINANCE NO. AN ORDINANCE OF THE. CITY OCALIFORNIA. REGULATING THE CONDUCT OF MASSAGE SERVICES MASSAGE ESTABLISHMENTS AND REQUIRING THE ISSUANCE OF A PERMIT THEREFOR LZCENSIN The City Council of the City of Beaumontdoes hereby ordain as follows: Section 1. Purpose The purpose of this ordinance is to require the licensing and issuance of a permit as a condition for the conduct of massage services and massage establishments in the City of Beaumont, and to set forth the standards ' for permits, rules and regulations remain in force, the issuance a punishment for operation of governing the issuance of said under which such permits shall of a license therefor, and providing' a massage establishment or rendering of massage services without a duly issued and valid permit and license. Section 2. Definitions For the purpose of this ordinance the phrases are defined as follows: a. "Person" shall mean any natural person, firm, partnership corporation or association. b. "Massage"_ shall mean a method of exerting friction against, stroking or kneading the body by mechanical means. 'Massage Establishment" in massage is given, engaged in given, engaged in or carried on of any kind, nature or sort whatsoever where the body is rubbed or there is any manipulation of the body or similar procedures given. hall mean anY5 practice of massage as herein defined. Masseur shall als masseuse, as the use of the masculine gender shall following words and pressure on or manual or shall mean any establishment where or carried on dr permitted to be and any business of giving baths Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 32 cases the feminine gender as well. e. "City Health Officer" shall mean the health officer of the County of Riverside or his authorized representative. The foregoing definitions shall not include hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or persons working under the direction of any such persons in any such establishment. Section 3. Permit Required It shall be wan146111 for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on in or upon any premises in the City of Beaumont the operation of a massage establishment as herein defined without first having. obtained a permit from the Police Department issued pursuant to th provisions of this ordinance. Section 4. Filing and Fee Provision Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Chief. of Police upon a`°form provided by said Chief of Police, which said application shall be accompanied by the payment of a fee as provided by resolution establishing fees and charges therefor by the City Council of the City of Beaumont. Section 5. Application for Permit for Massage Establishment The application for a permit to operate a massage establish- ment shall set forth: the exact nature of massage to be administere the proposed place of business and facilities therefor, the name and address of each applicant, and in addition to the foregoing, the applicant for °a permit shall furnish the following information a. The social security number of the applicant. b. The two previous business ately prior to the present or proposed business address of applicant. Page 2 3 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 c. Written proof that the applicant is over the age of 18 years. d. Written statements of at least three bonafide residents of the City of Beaumont that the applicant is of good moral character. e. Applicant's height, weight, color of eyes and hair and sex. f. Two portrait photographs at least 2 inches by 2 inches. g. Business occupation or employment of the applicant for the three years immediately preceding the date, of the application. h. The massage or similar business license history of the applicant; whether such person in previously operating in this city or another city or state under license has had such license revoked or suspended, the. -reason therefor, and the business activity or occupation of applicant subsequent to such action or suspension or revocation. i. All criminal convictions and the reasons therefor. j. A certificate from a medical doctor stating that the applicant has within thirty days immediately prior thereto been examined and found to be free of any contagious or communicable disease. k. The 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 technicians is taught. The term "state approved school" 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 which has been certified by the State of California Department of Education, Bureau of School Approvals. shall have the t tom: co fact that applicant has actually attended classes in a approved school. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 1. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application. m. Nothing herein contained shall be construed to deny to the Chief of Police the right to take the finger prints and additional photographs of the applicant nor shall anything con- tained herein be construed to deny the right of said Chief of Police to confirm the physical description of the applicant. n. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation. The names and residence addresses of each of the officers, directors and each stock holder owning more than ten per cent of the capital stock of the corporation. If the applicant is a partnership or association, the application shall set forth the name and residence addresses of each of the partners and/or associates including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply. A corporation, partnership or association shall be deemed to have complied with the provisions of subsection k. of this section if the managing director or partner or managing employee of the business has the required diploma or certificate of graduation. Section 6..r Masseur Permit Any person who engages in the practice of massage as herein defined shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay an investi- gative fee as provided in the resolution establishing fees and charges located in the office of the City Clerk. lection 7. Application Form for Masseur e application for a masseur art- shah Foontajnthe following: a. Name and residence address. 31 32 Page 4 1 6 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 29 31 32: b. Social Security number and driver's license number, if any. c. Applicant's height, weight, color of eyes and hair, and sex andchte of birth. d. Two portrait photographs at least two inches by two inches e. Written evidence that the applicant is over the age of 18 years (copy of birth certificate). f. Business, occupation or employment of the applicant for the three years immediately preceding the date of the application. g. Whether such person has ever been convicted of any crime except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which said conviction was had, the specific charge under which theconviction was obtained, and the sentence imposed as a result of such conviction. h. The Chief of Police shall have the right to take finger prints and a photograph of the applicant with the right of said Chief of Police to confirm the information submitted. i. Applicant must have a diploma or certificate of graduation from a state approved school wherein the method, profession and work of massage is taught. The term "state approved school" 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 which has been certified by the State of California, Department of Education, Bureau of School Approvals. The Chief of Police shall have a right to confirm the fact that the applicant has actually attended classes in a state. approved school. j. Every application for a permit shall be verified by the applicant under pena'ty of perjuf Section 8. Facilities Necessary No permit to conduct a massage establishment shall be issued 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32. unless an inspection- conducted pursuant to Section 9 reveals that the establishment complies with each of the following minimum requirements: a. Construction of rooms used for toilets, tubs, saunas, steam baths and showers shall be performed in accordance with the Provisions of the uniform building code of the City of Beaumont. b. Lighting shall be provided which is not less than the minimum required by the uniform building code of the City of Beaumont. In addition, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron. c. Ventilation shall be provided which is not less than the minimum required by the uniform building of the City of Beaumont. d. Adequate equipment for disinfecting and sterilizing instruments used in performing the aets of massage shall be provided. 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 any one 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. h. Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dreg"s' 'n4`jrob ftntaining a sept kkeidteridia.01061004w patron to be served, which locker shall be capable of beang Locked, well as a minimum of one toilet and, one wash basin shall be 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate ntassage room orrooms, separate dressing and separate toilet facilities shall be provided for male and for 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 compartnments, and toilet rooms. shall be thoroughly cleaned each day the business is in operation. Bath tubs shall be thoroughly cleaned after each use. j. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. 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 perforrt- ing of massage services. In addition, there shall be provided at each wash basin sanitary towels placed in permanently installed dispensers. Section 9. License Applicant Investigation The Chief of Police, upon receiving an application for a massage establishment permit, shall refer the application to the city building inspector, the city fire department and the city planning department, which department shall inspect the premises proposed to be devotedas "a massage establishment an separate written recommendations to the Chief of Poli :e. concerning compliance with the respective requirements withinfourteen days 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 29 32 after receipt of the aforementioned approval. Section 10. Approval by City Health Officer The Chief of Police shall also sumbit a copy of the applica- tion to the city health officer, who shall thereupon conduct an investigation into the personal health and health history of the applicant, and shall require proof that the applicant is free from all communicable diseases. Applicant shall also furnish an accept- able report of a chest x-ray showing freedom from tuberculosis. Th health officer may also, in his discretion, order a physical examination of any person engaged in the massage practice., Before any license or permit shall issue under this chapter, the health officer shall first sign his approval to the application therefor and return the form to the Chief of Police. Should the health officer fail to approve the, license or permit application, he shall, with the return application form, set forth fully in writing his reason therefor based on the following grounds: a. That the applicant has a communicable or venereal disease; or b. That the applicant's personal health history would make him a poor risk in the massage practice; or c. That the premises fail to meet the sanitation standards required by this chapter; or d. That the applicant is currently in violation of any or some health regulation contained in this rther ordinances of the City of Beaumont. Section 11. Time Within Which to Grant or Deny Permit Within thirty days after the filing of an application for a permit, the City Clerk ehall review the application together with the reports and the recommendations of the police chief, fire chief city plannin commission and health officer and s 1.gra±t said permit or, shall notify the applicant that he proposes to• deny the application. Notice thereof shall be in writing and sent' by mail Page 8 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 postage prepaid to the 'applicant's mailing ``address as in the application. In the event of denial, the applicant may appeal to the City Council in accordance with the provisions of this ordinance hereinafter set forth. For the purpose of permitting the applicant to correct minor defects, on request of the applicant and his assurance that the matters objected to will be corrected, the City Clerk may extend the time within which he is otherwise required to act on the permit application for a period not to exceed thirty days. Section 12. Application Fee At the time of filing an application for a permit or renewal thereof, the. applicant shall pay a fee in accordance with the following: a. For each initial permit, the sum of $100.00 plus $25.00 for each person other than an individual applicant to be employed by the massage establishment. b. For each renewal permit, the sum of $50.00 plus $25.00 for each person other than an individual applicant to be employed by the massage establishment. c. Nothing herein contained shall constitute a waiver of the requirements of Ordinance No. 333 of the City of Beaumont requiring the issuance and possession of a business license. d. Subject to revocation or suspension, the permit shall expire on that date set forth as the expiration date on the permittee's business license issued pursuant to Ordinance: No. 333 of the City of Beaumont. The permit may be renewed annual: upon application accompanied by the renewal fee. Applications for renewal shall be subject to all of the provisions of this ordinance. e. A11 permits isetta hereunder'a "c` nr,int a change of location of a massage establishment may be permitted provided all ordinances and regulations of the City of Beaumont are Page 9 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 complied with and provided a change of location fee of $50.0o is paid to the City of Beaumont. Section 13. Issuance of Permit The Chief of Police shall issue a massage establishment and/o masseur permit if all of the provisions of this ordinance have been met, unless he finds: a. That the operation as proposed by the applicant, if permitted, would not comply with all applicable ordinances and laws including but not limited to the city's building, health, zoning and fire ordinances or regulations adopted by the Chief of Police or the city health officer. b. That the applicant and/or any other person who will be directly engaged in the management, operation or employ as a masseur in the operation of the applicant's establishment or other- wise, has been convicted of: 1. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code of the State of California.. 2. An offense involving the use of force and violence upon the person of another that constitutes a felony. 3. An offense involving sexual misconduct with children. 4. An offense as defined under Sections 311 through 311.7, 647 (a), 647 (b), 647a, 647b, 314, 315, 316, or 318 of the Penal Code of the State of California. c. If it reasonably appears that the location of the business after review of the reports required in Section 9, hereof is not a suitable place in which to conduct or maintain such business or calling, or the applicant requesting such permit does 30 not want the issuance thereof. 31 32 Section 14. Masseur Permit Required Ndnoperator of a massage establishment asherein defined shall i employ any masseur on the premises unless and until --such person has 2 been granted a masseur permit by the Chief of Police as provided 3 herein. The operator of such establishment must maintain a 4 register of all persons so employed and their permit number, which 5 register shall be available for inspection at all times during 6 regular business hours. 7 Section 15. Revocation or Suspension of Permit 8 Any permit issued for a massage establishment or any masseur permit may be revoked or suspended by the Chief of Police after a 10 hearing conducted pursuant to the next succeeding section onany of 11 the following grounds: 12 a. Violation of any of the provisions of this ordinance. 13 b. Failure or refusal to permit any duly authorized officer 14 of the City of Beaumont to inspect the premises or the operations 15 therein. 16 c. Immoral conduct or activities at the permi.ttee's place of 17 business. 18 d. Operation, management or maintenance of permi.ttee's place 19 of business without regard for public health or the health o: 20 patrons or customers or without due regard to proper sanitation or 21 hygiene. 22, e. Conviction of any crime requiring registration under 23 Section 290 of the Penal Code of the State of California. 24 f. Violation of Sections 311 through 311.7, 647 (a), 647 '(b:) 25 647a, 647b,650 1/2, 314, 315, 316 or 318 of the Penal Code of the 26 State of California. 27 Section 16. Hearing and Appeal 28 Prior to the revocation or suspension of any permit issued 29 pursuant to the provisions of this ordinance,azhearing shall be 30 held by the Chief of Police. Written notice of the grounds for 31 32 hearing as well as its time and place shall be mailed to the permitt seven days in advance of the hearing. Within twenty-four hours 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 after the conclusion of the hearing the Chief of Police shall mail written notice to the permittee of his decision. The decision of the Chief of Police may be appealed to the City Council 6f the City of Beaumont in accordance with the pro- visions of the next succeeding section. Section 17. Appeal to the City Council An appeal may be taken to the City Council of the City of Beaumont by any person aggrieved by an order of the Chief of Police concerning the denial, suspension or revocation of a permit. Said right of appeal is subject to the conditions and procedures hereinafter set forth. a. Procedure -Time Limitations An appeal to the City Council shall be made by filing a petition in triplicate with the City Clerk not later than ten days pbiLce from the decision of the chief of/ d or the mailing thereof,' which ever is later. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of the petition, the City Clerk shall immediately forward a copy o the Chief of Police and within ten days following the filing of appeal the petition shall be placed on the agenda of the City Council. If the City Council will not have held a meeting within the aforesaid ten-day period, then the petition shall be received by the City Council at its next regularly scheduled meeting. Upon receipt of the petition the City Council shall set the matter for hearing and give the appellant notice of a time and place for said hearing. Said notice shall be given in person or by mail not later than ten days prior to the hearing. The hearing shall be held not later than thirty days following receipt of the petition by the City Council. b. Action By City Council considering and ruling upon the appeal of the petitioner, the, City Council shall judge the xnerits of the appeal based upon Page 12 4 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5 26 27 28. 29 30 31 32 those grounds set forth in Section$13 & 15 f h.t ordinance. The City Council may reverse or affirm wholly or partly or may modify any decision, determination, or requirement of the Chief of Police and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended,' or revoked in accordance with their ruling. The decisions of the City Council shall be final. Any hearing may be continued from time to time. c. Stay of Order The filing of an appeal to the City Council stays all proceedings in furtherance of the action appealed from until the determination of the appeal as provided in this chapter. Section 18. Display of Permit and Ordinance Every person to whom or for whom a permit shall have been granted shall display said permit and shall post and continually keep posted a copy of the ordinance adopting this chapter in a con- spicuous place so that the same maty be readily seen by persons en- tering the premises where the massage, bath,. or treatment is given. Section 19. Sale or Transfer Upon sale or transfer'of a massage establishment, the permit and license therefor shall be null and void. Section 20. Name and Place of Business No person granted a permit issued pursuant to this chapter shall operate under any name or conduct his business under any designation not specified in his permit. Permittees shall notify the Police Department of any changes in name or address of home or business. In case of any change of location or extension of the place of said business, inspection thereof shall be made as herein required before use of the the purpose of said business and an amended "permit' with sha same for issued, if indicated, in order to show clearly the address or -place of such new location or extension. No fee shall. be. Page 13 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 charged either for such inspection or for such amended permit. Section 21. Daily Register Every person who engages in or conducts a massage establish- ment as herein defined shall keep a daily register, approved in fora by the Police Department, of all patrons, the hour of patron's arrival, the room or cubicle assigned to patron, if any, and masseur who massaged the patron. Said daily register shall at all times during business hours be subject to inspection by the health officer and by the police department and shall be kept on file for one year. Section 22. Trispections The Police Department and the health officer shall from time to time make an inspection of each massage establishment in the Citi, for the purpose of determining compliance with this chapter. Section 23. Unlawful Conduct It shall be unlawful for any person to massage any other person, or give or administer any bath or baths, or to give .,or administer any of the other things mentioned in this chapter which here_ of would violate the provisions of Section 191. Any violation of this provision shall be deemed grounds for the revocation of the permit granted hereunder. Section 24. Employees It shall be the responsibility of the holder of the permit fo the massage establishment or the employer of any such persons purporting to act as masseurs, to insure that each person employed as a masseur shall first have obtained a valid permit pursuant to this article. 4-h11 4e unlawful the provisions of for the owner, proprie ^, i ,er Or other person in charge of any massage establishment to employ any person who is not at least eighteen years of age. /// Page 14 12 13 Section 251' Applicability to'xistiug Business The provisions of this ordinance shall be applicable persons now engaged in the business herein regulated. Existingi, businesses of the kind referred to in this ordinance .shall conform with all provisions, of this ordinance. Time Limit for Filing Alication for Permit Persons not engaged in the busineaS referred to in this ordi- nance and in the preceding section, as an opt tor of a massage establishment shall file for the permit required by Section 3 hereinabove within thirty days of the: effective date of this ordinance; failure to do so shall make continued operation of .said: place / f business a violation of ``Section 28 hereof. Section and Regulations 14 II The Chief of Police may make and enforce` reasonable rules 19 and regulations in. connection with enforcement functions not in conflic with, but to carry out the intent of this ordinance. Section 28. Violition and Penalty (a) Every person, except those persons who are specifi cally exempted by this ordinance, whether acting as 'an individual, owner, 20 II employee of the Owner, operator or employee:of the operator-,' 21 IJ whether acting as a mere helper for the owner, employee, or 22 11,. operator, or whether actingas a participant or worker in any way 23 who gives massages or conducts a massage establishment or r..00m.who 24 does or practices any of the other things or acts mentioned `in this ordinance without first obtaining a permit and paying for i .i 29 30 31 32 to do so from the City or shall violate any provision: of this cense ordinance shall be guilty of a misdemeanor. (b) Aiy owner, operator, manager,or,permittee in charge or in control of a ti tasage establish t ht a ipersor performing,.: as a masseur as defined in this ordinance who is not in possession of a valid permit or who allowssuch an employee to Perform, operate, -or practice within' such a pIaoe of business Page„-. 15 • guilty of, a misdemeanor, and upon convictibfl such 'Person 'shall be punished by the imposition of a fine Ot not more than $500.O0 or b imprisonment '.fOr' not 'More than six months, or by both such fine an imprisonment. Rev©cationof a license:or permit shall not tae a defense against prosecution. Setion 29. Se +a iy 7 J` If any section, subsection,` subdivision paragraph, sentence, 8 clause -` or ` phraa? ' t thi* or+ inance er any part thereof ie , .for any 9 reason held to 'be' udnstitutional or invalid or ineffective by an 10 court of competent . juri diction, such decision shall not affect th validity or effectiveness of the remaining portions of this ordi 12 pence Or any part thereof. The City Council hereby declares that 13 t could" have passed each section", sbaection`, subdivision, para- 14 rr,aph,- sentence, cleu*e or phrase thereof"irrespective of the fact 15 that any one or' more sections , subsections, subdivisions , para - 16 . graphs , sentendee. clauses or phrases be declared unconstitutional 17 or invalid or ine#fa ctiv►e, 18" ; ` Section 30,. ' This ordinance shall be in '-full force .and "effec 19 thirty, dayys after .the date of its final ;passage and adoption. 20 PASSED AND ADOPTED -by the the City Council of the City° of Beaumo 21 ' et a" regular meeting.. thereof held on, the 26thday of June 22 1972, . by the following. called vote: 23 AYES: COU I MEN: Rodeman, . Oehoa, "Valdivia; Hightower and Haskell . 24 NOES :, d COUNCILMEN None. 25 aE ABSENT: COUNCILMEN: None 2 27 ST: limmmwr- e C Mayor o°f't e au:nont o Beaumont foroing.:'db u.y and 30. e:g. arlY:,,pessed and adopted by the 'City` Council of the` City of bounty of Riverside, State of,. California, at` a regular ►. �e meeting. of ` said Council held on... the 26 day of ",June 1972. C ty.`"Ciera o e City " c+f.,.Beaumont ,Page' -16