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5771ORDINANCE NO. 5771 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 4.29 OF, AND ADDING NEW CHAPTER 4.29 TO, TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. 'T'hat Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 2. That new Chapter 4.29 be, and the same is hereby, added to Title 4 of the Anaheim Municipal Code to read as follows: "CHAPTER 4.29 MASSAGE ESTABLISHMENTS "4.29.010 FINDINGS AND PURPOSE. The City Council finds and declares as follows: .010 The permit requirements and restrictions imposed by this Chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the City of Anaheim. .020 The City of Anaheim is authorized, by virtue of the State Constitution, the provisions of the City Charter and Section 51031 of the Government Code, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of the massage establishment. .030 There is significant risk of injury to massage clients by improperly trained and/or undereducated massage technicians and this Chapter provides reasonable safeguards against injury and economic loss. .040 There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. The establishment of reasonable standards for issuance of permits and restrictions on operations will serve to reduce a1 . The establishment of reasonable standards for issuance of permits and restrictions on operations will serve to reduce the risk of illegal activity. 4.29.020 DEFINITIONS. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section govern the construction, meaning, and application of words and phrases used in this Chapter. .010 "Chair massage" means a massage as defined in subsection .100 below where the patron is fully clothed and in a public or semi-public area while receiving the massage, and where the external parts of the body which are massaged are limited to the head, neck, back and/or arms. .020 "Chief of Police" means the Chief of Police of the City of Anaheim, or his/her designated representative. .030 "City Manager" means the City Manager of the City of Anaheim, or his/her designated representative. .040 "City Council" means the City Council of the City of Anaheim. .050 "Conviction" or "Convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. .060 "Customer Area" means any area open to customers of the establishment. .070 "Health Department" means the Health Care Agency of the County of Orange. .080 "License Collector" means the License Collector of the City of Anaheim, or his/her designated representative. .090 "Responsible Employee" means the person(s) designated by the Operator of the Massage Establishment to act as the representative or agent of the Operator in conducting day-to- day operations. A Responsible Employee may also be an owner. .100 "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 or friction against, or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts 2 of the body with the hands, with or without the aid of any mechanical or electrical apparatus or appliance or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice. .110 "Massage Establishment" means any business conducted within the City of Anaheim 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. .120 "Massage Technician" means any person, including a Responsible Employee, Operator or Owner of a Massage Establishment, who administers to another person a massage in exchange for anything of value whatsoever. The terms "massage therapist" and "massage practitioner" are included within this definition for purposes of this Chapter. .130 "Operator" means the person signing the operator's permit application as required pursuant to Section 4.29.040.010 of this chapter and whose name appears on the Operator's Permit as the person responsible for the day to day operations of the Massage Establishment. .140 "Owner" means any person or entity having an ownership interest in the Massage Establishment. .150 "Permit" means and includes the permit required pursuant to the provisions of this Chapter to operate or manage a massage establishment to perform the activities of a massage technician and/or to perform off -premises massages. .160 "Person" means any natural person, corporation, partnership, firm, association or other group or combination of individuals acting as an entity. .170 "Recognized school of massage" means any school or institution of learning which teaches, through State certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. 3 Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school of massage. .180 "Police Department" means the Police Department of the City of Anaheim. .190 For purposes of this Chapter the term "employee" shall include independent contractors and unpaid volunteers. The term "employ" shall include, without limitation, using or allowing services to be provided by an independent contractor or unpaid volunteer. 4.29.030 OPERATOR'S PERMIT REQUIRED. No person shall operate a massage establishment within the City of Anaheim without first obtaining an operator's permit pursuant to Sections 4.29.040 and 4.29.050 of this Chapter. The operator's permit required by this Chapter shall be in addition to any business license required by this Code. 4.29.040 APPLICATION FOR OPERATOR'S PERMIT. .010 Any person desiring an operator's permit for a massage establishment shall file a written application on the required form with the License Collector who shall refer all such applications to the Chief of Police 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 owner of the proposed massage establishment, if a sole proprietorship; one general partner, if the owner is a partnership; one officer or one director, if the owner is a corporation; and one participant, if the owner is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such operator's permit has been approved as provided in Section 4.29.050 of this Chapter. The application shall be deemed complete if it contains or is accompanied by the following information: .0101. A description of 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 N than five percent (5%) of the stock of that corporation, such stockholders to be listed in descending order based upon their percentage ownership interest in the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall attach a copy of its certificate of limited partnership filed with the Secretary of State to the application. 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 person shall complete and sign all application forms required for an individual applicant under this Chapter, but only one application fee shall be charged. Such responsible managing officer must at all times meet all of the requirements set forth in this section, or the operator's permit shall be suspended until a responsible managing officer who meets all such requirements is designated. If no such person is named within ninety (90) days, the operator's permit shall be deemed canceled and a new application for an operator's permit, accompanied with the appropriate filing fee, must be filed. The managing officer may be different from the Responsible Employee of the massage establishment described in paragraph .0105 of this subsection. .0102 A detailed description of all services to be provided at the massage establishment. If the list of services required to be posted pursuant to Section 4.29.110.010.0102 of this Chapter will be in any language other than English, such list must accompany the application for the operator's permit. Any changes to such list after the issuance of the operator's permit must be submitted to the License Collector within ten (10) days after such changes are made. .0103 The precise name under which the massage establishment business is to be conducted. .0104 The complete address and all telephone numbers of the massage establishment. .0105 A complete current list of the names and residence addresses of all proposed massage technicians and other 5 .: r employees in the massage establishment with a description of the job duties or function of each, and the name and residence addresses of the Responsible Employee to be principally in charge of the operation of the massage establishment. .0106 A description of any other business operated on the same premises, or within the City of Anaheim or the State of California, which is owned or operated by the applicant. .0107 The following personal information concerning the applicant: .O1 Full complete name and all aliases used by the applicant. .02 Current business and residence address and all previous business and residential addresses for 5 years immediately preceding the present address of the applicant, and the inclusive dates for each such address. .03 Acceptable proof that the applicant is at least eighteen (18 ) years of age. .04 Height, weight, color of hair and eyes, and gender. .05 Three (3) front faced portrait photographs at least two inches ( 2 " ) by two inches ( 2 " ) in size. .06 The applicant's complete business, occupation and employment history for five ( 5 ) years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant. .07 The complete permit history of the applicant I ncluding, but not limited to massage or similar business; whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether the permit or license was denied, revoked or suspended; or whether a vocational or professional license or permit was denied, revoked or suspended, and the reason(s) therefor. LO a <. .08 All criminal convictions, including pleas of nolo contendere, within the last ten ( 10 ) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason and sentence therefor. .09 A complete set of fingerprints taken by the Police Department. .0108 Proof that the operator and the operator's designated Responsible Employees) have valid and current CPR and Basic First Aid certification from either the American Heart Association or the American Red Cross. .0109 The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her/its property. .0110 A site plan depicting the building and/or unit proposed for the massage establishment and a dimensional interior floor plan depicting how the massage establishment will comply with all applicable requirements of this Chapter. .0111 The name and address of any massage establishment .. or other business wherein massages are administered which is owned or operated by any person whose name is required to be given pursuant to subsection 4.29.040.010.0101 of this Chapter. .0112 The names, current business and residence addresses, telephone numbers and written statements of at least three ( 3 ) bonaf ide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City of Anaheim, then the County of Orange, then the State of California, and lastly from the rest of the United States. These references must be persons other than relatives and business associates. 7 .08 All criminal convictions, including pleas of nolo contendere, within the last ten (10) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason and sentence therefor. .09 A complete set of fingerprints taken by the Police Department. .0108 Proof that the operator and the operator's designated Responsible Employees) have valid and current CPR and Basic First Aid certification from either the American Heart Association or the American Red Cross. .0109 The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her/its property. .0110 A site plan depicting the building and/or unit proposed for the massage establishment and a dimensional I nterior floor plan depicting how the massage establishment will comply with all applicable requirements of this Chapter. .0111 The name and address of any massage establishment b* or other business wherein massages are administered which is owned or operated by any person whose name is required to be given pursuant to subsection 4.29.040.010.0101 of this Chapter. .0112 The names, current business and residence addresses, telephone numbers and written statements of at least three ( 3 ) bonaf ide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City of Anaheim, then the County of Orange, then the State of California, and lastly from the rest of the United States. These references must be persons other than relatives and business associates. 7 a I .0113 Authorization for the City, its agents and employees to seek verification of the information contained in the application. .0114 Such other identification and information as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. .0115 A statement in writing and dated by the applicant that he/she/it certifies under penalty of perjury that all information contained in the application is true and correct. .0116 I f , during the term of a permit, any of the information submitted on the original or renewal application changes, the operator shall notify the License Collector of such change within ten ( 10 ) business days thereafter, in writing. .020 Each operator and the operator's designated Responsible Employee(s) must pass a written examination dealing with the requirements of this Chapter to ensure a complete understanding of the operator's and Responsible Employee's duties prior to the issuance of the operator's permit. A score of 70% or better is required on each section of the written examination. An applicant who fails to pass the examination shall not be eligible to take another examination until sixty (60) days after the previous examination. An applicant who fails to pass upon a second attempt, shall not again be eligible until six (6) months thereafter. An additional processing fee shall be required to be filed with the Chief of Police prior to each re-examination in accordance with the fee resolution. The examination will be administered in the English language. In the event the applicant requires that the ordinance examination be given in another language, the applicant must, on his/her own, make arrangements with a court certified, and Anaheim Police Department approved, interpreter to interpret the examination. Proof of valid court certification must be provided to the Chief of Police or his or her designee no less than five (5) days prior to the administration of the examination. 4.29.050 OPERATOR'S PERMIT ISSUANCE AND DENIAL; CONDITIONS OF APPROVAL. .010 Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall, within sixty ( 60 ) days of receipt of an application, approve, conditionally approve, or deny the application. The sixty (60) day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation. The Chief of Police shall direct the License Collector to issue such permit as requested, unless the Chief of Police makes any of the following findings: .0101 The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person proposed to be or employed in the massage establishment, has, within ten (10) years preceding the date of the application either: .01 been convicted of a violation of California Penal Code Sections 266h, 2661, 314, 315, 316, 318, Subsections (a) or ( b ) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes; .02 been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; .03 been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses; .04 engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation of an operator's permit under this Chapter; .05 been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California; i .06 engaged in conduct which would constitute an offense as described in paragraph .01 of this subsection; .07 committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this Chapter, would be grounds for denial, suspension or revocation of the permit; .08 been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator; or .09 had a massage operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County, or State. .0102 The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process. .0103 The application does not contain all of the information required by Section 4.29.040. .0104. The massage establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. .0105 The applicant has not satisfied the requirements of this Chapter in the time specified. .0106 If the application is denied due to a false, misleading or fraudulent statement in the application, the applicant may not reapply for a period of six (6) months from the date the application was denied. .020 Each operator and Responsible Employee of any Massage Establishment shall comply with the following requirements: .0201 Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or Responsible Employee of a massage 10 a t establishment allow or permit such massage. No massage operator or designated Responsible Employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal fold, anus, or, in the case of female, her breast(s), are fully covered . .0202 No person granted a permit pursuant to this Chapter shall use any name or conduct business under any designation not specified in his or her permit. .0203 All massage establishments required to be licensed under this Chapter shall have a Responsible Employee on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the License Collector designating the person or persons with power to act as a Responsible Employee. The operator and/or on duty Responsible Employee shall post, on a daily basis, the name of each on duty Responsible Employee and each on duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the Responsible Employee in the operator's absence, shall be responsible for ensuring compliance with this Chapter. .0204 No establishment shall be open for business without having a valid operator's permit and at least one massage technician holding a current valid permit for the specific establishment on the premises, and on duty, at all times when said establishment is open. .0205 The operator and/or designated Responsible Employees) shall ensure the massage establishment permit and the massage technician permit for each on -duty massage technician is conspicuously displayed in a public place in the lobby and that each massage technician is wearing or has on his or her person the photo identification card required by Section 4.29.080.020.0203 at all times when in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. .0206 An operator and/or on duty Responsible Employee shall be responsible for the conduct of all employees while they are on the licensed premises. All person(s) found working in the massage establishment shall be considered employees of the operator, including independent contractors and unpaid volunteers. Any act or omission of any employee 11 constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's permit shall be revoked, suspended, denied or renewed. .0207 No operator or Responsible Employee shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this Chapter. Every operator or Responsible Employee shall report to the License Collector any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the License Collector. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five ( 5 ) days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the License Collector within five (5) days. .0208 All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, non -transparent material and shall provide complete covering from mid-thigh to three (3) inches below the collar bone. .0209 The operator and/or on duty Responsible Employee shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, telephone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two (2) years following termination. The operator and/or Responsible Employee on duty shall make the register of employees available as soon as reasonably possible for inspection by the City's Police Department and Code Enforcement Division upon demand of a representative of the police department at all reasonable times. .0210 Each operator shall provide the License Collector with evidence of the insurance required by Section 4.29.110.020.0212 prior to the date of issuance of the permit. .0211 The operator shall comply with all provisions of this Chapter and any applicable provisions of the Anaheim Municipal Code. 12 a t 4.29.060 MASSAGE TECHNICIAN PERMIT. No person shall perform or administer a massage, or advertise to provide massage services in the City of Anaheim, unless such person has in effect a valid massage technician permit issued pursuant to Sections 4.29.060 and 4.29.070 of this Chapter. A massage technician shall comply with the requirements of Sections 4.29.070 and 4.29.080. The possession of a valid massage operator's permit does not authorize the permit holder to perform work for which a massage technician permit is required. 4.29.070 APPLICATION FOR MASSAGE TECHNICIAN PERMIT. .010 Any person desiring a massage technician permit shall file a written application on the required form with the License Collector who shall refer all such applications to the Chief of Police 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 deemed complete if it contains or is accompanied by the following information: .0101 A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the following personal information concerning the applicant: .01 Full complete name, and all aliases used by the applicant, along with complete residence address and telephone; . 02 All previous residential addresses for five (5) years immediately preceding the current address of the applicant; .03 Acceptable written proof that the applicant is at least eighteen (18) years of age; .04 Height, weight, color of hair and eyes, and gender; "05 Three ( 3 ) front faced portrait photographs at least two inches ( 2 " ) by two inches ( 2 " ) in size; 13 a 0 The business, occupation and employment history of the applicant for the five ( 5 ) years immediately preceding the date of the application; .07 The complete permit history of the applicant and whether such person has ever had any license or permit, issued by any agency, board, city, or other jurisdiction, denied, revoked or suspended and the reasons therefor. .0102 All criminal convictions, including pleas of nolo contendere, within the last ten (10 ) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic infractions, and the date and place of each such conviction and reason and sentence therefor. .0103 The names, current business and residence addresses and written statements of a least three (3) bonafide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City of Anaheim, then the County of Orange, then the State of California, and lastly from the rest of the United States. These references must be persons other than relatives and business associates. .0104 A complete set of fingerprints taken by the Police Department. .0105 Proof that the applicant has a valid and current CPR and Basic First Aid certification from either the American Heart Association or the American Red Cross. .0106 Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. .0107 Authorization for the City, its agents and employees to seek verification of the information contained in the application. .0108 A statement in writing, 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. 14 .0109 If, during the term of a permit, any of the information submitted on the original or renewal application changes, the permit holder shall notify the License Collector of such change within ten (10) business days thereafter, in writing. .020 Each applicant must furnish an original or certified copy of a diploma or certificate and certified transcript of graduation for completion of 500 hours of instruction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by State certified instructors. The applicant must also supply a course description, an outline of material covered, and a letter to the City from the school administrator verifying completion. .0201 The Chief of Police may consider an applicant's study of massage completed outside the State of California if proof of completion from a formalized course of study in massage practice, anatomy, and/or physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended. .0202 Any outside course of study submitted for approval shall meet the State of California's Office of Post- secondary Education's minimum requirements and be for completion of 500 hours of on -premises training. ¢ .030 Each massage technician must pass a written examination dealing with the requirements of this Chapter to ensure a complete understanding of the massage technician's duties prior to the issuance of the massage technician's permit. A score of 700 or better is required on each Section of the written examination. An applicant who fails to pass the examination shall not be eligible to take another examination until sixty (60) days after the previous examination. An applicant who fails to pass upon a second attempt, shall not again be eligible until six (6) months thereafter. An additional processing fee shall be required to be filed with the Chief of Police prior to each re-examination in accordance with the fee resolution. The examination will be administered in the English language. In the event the applicant requires that the examination be given in another language, the applicant must, on his or her own, make arrangements with a 15 . 010 9 I f , during the term of a permit, any of the information submitted on the original or renewal application changes, the permit holder shall notify the License Collector of such change within ten (10) business days thereafter, in writing. .020 Each applicant must furnish an original or certified copy of a diploma or certificate and certified transcript of graduation for completion of 500 hours of instruction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by State certified instructors. The applicant must also supply a course description, an outline of material covered, and a letter to the City from the school administrator verifying completion. .0201 The Chief of Police may consider an applicant's study of massage completed outside the State of California if proof of completion from a formalized course of study in massage practice, anatomy, and/or physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended. .0202 Any outside course of study submitted for approval shall meet the State of California's office of Post- secondary Education's minimum requirements and be for completion of 500 hours of on -premises training. .030 Each massage technician must pass a written examination dealing with the requirements of this Chapter to ensure a complete understanding of the massage technician's duties prior to the issuance of the massage technician's permit. A score of 70% or better is required on each Section of the written examination. An applicant who fails to pass the examination shall not be eligible to take another examination until sixty (60) days after the previous examination. An applicant who fails to pass upon a second attempt, shall not again be eligible until six (6) months thereafter. An additional processing fee shall be required to be filed with the Chief of Police prior to each re-examination in accordance with the fee resolution. The examination will be administered in the English language. In the event the applicant requires that the examination be given in another language, the applicant must, on his or her own, make arrangements with a 15 court certified and Anaheim Police Department approved interpreter to interpret the ordinance examination. Proof of court certification must be provided to the Chief of Police no less than five (5) days prior to the administration of the examination. .040 In addition to the examination required pursuant to the preceding subsection .030, the applicant must take and pass a written and practical examination prior to the issuance of the massage technician permit. A score of seventy percent (70a) or better is required in each Section of the written test. The examination shall meet the following requirements: .0401 The examination shall fairly determine the ability of the applicant to perform the work which the applicant will be authorized to do by the permit applied for, and shall include, but is not limited to, the following subjects: anatomy, physiology, pathology, hygiene, contra- indications, sanitation, massage theory, and ethics of massage practice. .0402 The examination shall be prepared, conducted and graded by the City, or in its sole discretion, by a competent instructor certified by the Council for Private Post -secondary and Vocational Education pursuant to Education Code Section 94311.1. .0403 The Chief of Police shall establish standards and procedures governing the administration and grading of all examinations and shall exercise such supervision as may be necessary to ensure compliance therewith. .0404 The examination shall be administered in the English language. In the event that the applicant requires that the examination be given in another language, the applicant must, on his or her own, make arrangements with a court certified and Anaheim Police Department approved interpreter to interpret the examination. Proof of valid court certification must be provided to the Chief of Police or his or her designee no less than five (5) days prior to the administration of the examination. .0405 An applicant who fails to pass the examination shall not be eligible to take another examination until sixty (60) days after the previous examination. An applicant who fails to pass upon a second attempt, shall not be again eligible until six (6) months thereafter. An additional processing fee shall be required to be filed with 16 the Chief of Police prior to each re-examination in accordance with the fee resolution. 4.29.080 MASSAGE TECHNICIAN PERMIT ISSUANCE AND DENIAL; CONDITIONS OF APPROVAL. .010 Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in such matters as he or she deems appropriate in order to ascertain whether such permit should be issued as requested. The Chief of Police shall approve or deny the application within sixty (60) days of the filing of an application. The sixty ( 60 ) day period may be continued for an additional thirty (30) days if necessitated by the occurrence of events beyond the control of the Chief of Police. The Chief of Police shall direct the License Collector to issue such permit as requested, unless he/she makes any of the following findings: .0101 The applicant has within ten (10) years preceding the date of the application been convicted of any of the following: -01 a violation of Penal Code Sections 266 (h) , 266 (i) 314,F 315, 316,f 318, Subsections (a) or (b) of Penal Code Section 647 or that the applicant is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute for, any of the previously listed crimes. .02 a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, or .03 any offense in any other state which is the equivalent of any of the above-mentioned offenses. .0102 The applicant has engaged in conduct which would constitute an offense as described in the preceding subsection .0101.01 above, within ten (10) years immediately prior to the filing of any application. 17 .0103 The applicant has committed an act, which, if committed in this State would have been a violation of law and which, if done by a permittee under this Chapter, would be grounds for denial, suspension or revocation of the permit. .0104 The applicant has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage technician. .0105 The applicant has had a massage operator's permit or massage technician's permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County or State within ten (10) years prior to the date of the application. .0106 The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process. .0107 The application does not contain the information required by Section 4.29.070. .0108 The applicant has not satisfied the requirements of this Chapter in the time specified. .0109 If the application is denied due to a false, misleading or fraudulent statement in the application, the applicant may not reapply for a period of six ( 6 ) months from the date the application was denied. .020 All massage technicians shall comply with the following conditions: .0201 Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, massage technician aide, or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals! gluteal fold, anus, or, in the case of female, her breast(s), are fully covered. We" 00202 No massage technician shall massage any patron unless the person's genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron. .0203 The massage technician shall wear or have on his/her person a photo identification card prepared and issued by the City at all times when present in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she shall, prior to such change, pay the appropriate fee and obtain from the License Collector a new photo identification card. .0204 Massage technicians shall not perform any massage at any location other than the location specified on the permit, unless performing an off -premises massage pursuant to an off -premises permit issued under this Chapter. .0205 While on duty, the massage technician shall not use any name other than that specified on the photo identification card. .0206 Massage attendants shall be fully clothed at all times. Clothing shall be of a fully opaque, non -transparent material and provide complete covering from mid-thigh to three (3) inches below the collar bone. .0207 The massage technician consents to the inspection of the massage establishment by the City's Code Enforcement Division, Building and Safety Division, Fire Department and Police Department and the Health Department for the purpose of determining that the provisions of this Chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in Section 4.29.110.020.0217 which would require the posting of the Notice to All Patrons. 4.29.090 TEMPORARY PERMITS. .010 Upon request of an applicant for an operator's permit or a massage technician permit and submission of the appropriate 19 filing fee established by resolution of the City Council, the Chief of Police may authorize the License Collector to issue a temporary permit provided all of the following conditions are met • .0101 The applicant has submitted a completed application for the permit as required under Sections 4.29.040 or 4.29.070 of this Chapter; .0102 The applicant meets all the applicable education/training requirements for issuance of a permit under this Chapter; .0103 The applicant has passed all written examinations required for issuance of the permit under this Chapter; .0104 The Chief of Police has conducted an investigation as authorized under this Chapter, and is waiting for results of the fingerprint identification and criminal history report from the California Department of Justice; and .0105 Without considering any information which may be received in the fingerprint identification and criminal history report from the Department of Justice, the Chief of Police has not made any of the findings set forth in Sections 4.29.050.010 or 4.29.080.010 which would constitute grounds for denial of the permit. .020 Unless revoked earlier pursuant to subsection .030 below, the temporary permit shall be valid for forty-five ( 4 5 ) days or until such time as the Chief of Police renders a decision on the application for the operator's or massage technician permit, whichever is sooner. .030 The temporary permit may be revoked at anytime without notice if the Chief of Police makes any of the following findings: .0301 The fingerprint identification and criminal history report submitted by the Department of Justice contains information upon which the Chief of Police can make any of the findings set forth in Sections 4.29.050.010 or 4.29.080.010 which would constitute grounds for denial of the permit; or .0302 The applicant has violated any of the provisions of this Chapter. we .040 Upon a determination by the Chief of Police that grounds exist for revocation of the temporary permit, the Chief of Police shall direct the License Collector to serve the applicant, by certified mail, return receipt requested, addressed to the business and residence address of the applicant, with a Notice of Revocation. The Notice shall state the reasons for the revocation and the effective date of the revocation, which date shall be the date of receipt by the applicant of the Notice of Revocation. .050 Upon revocation of the temporary permit, the applicant shall immediately cease and desist engaging in activities previously permitted under the temporary permit. 4.29.100 OFF -PREMISES MASSAGE PERMIT. .010 For purposes of this Chapter, a massage performed or administered for money or other consideration at a location other than a massage establishment licensed in accordance with this Chapter (hereinafter an "off -premises massage") shall require an off -premises massage permit issued pursuant to this Section. No off -premises massage permit shall be issued unless the location where the massage will be administered or performed is a business establishment licensed to do business in the City of Anaheim. .020 No person shall perform or administer an off -premises massage as defined herein within the City of Anaheim without obtaining and possessing a massage technician permit under Sections 4.29.060 and 4.29.070 and an off -premises massage permit under this Section. Any person desiring an off - premises massage permit shall file a written application on the required form with the License Collector who shall refer such application to the Chief of Police, who shall conduct an investigation. The applicant shall accompany the application with the appropriate filing fee established by resolution of the City Council. The application shall contain or be accompanied by the following information: .0201 The complete name, including all aliases, residence and business address and telephone number of the applicant. .0202 The complete address at which the off -premises massage is to be conducted. .0203 A copy of the written agreement between the business establishment and the applicant for the applicant 21 to administer massages, which agreement shall include the duration of the agreement and the consideration to be paid under the agreement. .0204 Such other information deemed necessary by the Chief of Police. .030 Upon receipt of a written application for an off - premises massage permit, the Chief of Police shall initiate an investigation to ascertain whether such permit should be issued as requested. Within ten (10 ) days of the f fling of an application, the Chief of Police shall approve, conditionally approve or deny the application. The Chief of Police shall direct the License Collector to issue the permit for a period of time not to exceed the duration of the agreement between the applicant and the business establishment where the massages will be administered, unless the Chief of Police finds that the requirements of this section have not been met. The Chief of Police may specify conditions on the issuance of the off -premises massage permit that are reasonably necessary to ensure compliance with this Chapter and other laws. 4.29.110 REQUIREMENTS OF OPERATION. .010 Facilities. .0101 Signs. All exterior signs identifying the premises as a massage establishment shall comply with the sign requirements of the City of Anaheim. Each operator and/or on duty Responsible Employee shall display the operator's permit in a conspicuous public place in the lobby of the massage establishment. The hours of operation must be posted in the front window and clearly visible from the outside. The operator and/or on duty Responsible Employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on duty Responsible Employee as well as all on -duty massage technicians. .0102 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, and no massage technician shall offer or perform, any service other than those posted. .0103 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 (1) 22 forty (40) 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. .0104 Bath Facilities. A minimum of one (1) toilet and one (1) separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap 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 towel dispenser shall be provided at the restroom handwash sink. No bar soap shall be used. A trash receptacle shall be provided in each toilet room. Showers shall be provided, and no bathtubs shall be allowed. .0105 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. .0106 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. .0107 Massage Table or Chair. A massage table or chair shall be provided in each massage room and the massage shall be performed on this massage table or chair. The tables should have a minimum height of eighteen inches (18"). Two inch ( 2 " ) thick f oam pads with a minimum width of two f eet (2 ' ) and a maximum width of f our f eet ( 4 ' ) 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. .020 Operations. .0201 Equipment. Each operator and/or on duty Responsible Employee shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. 23 0 020 Inspections. The operator and/or on duty Responsible Employee consents to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this Chapter or other applicable laws or regulations are met. .01 The City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this Chapter, State law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice a year, unless violations are found or complaints are received. Criminal investigations may be conducted as directed by the Chief of Police. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in Section 4.29.110.020.0217 which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on -duty employees. .02 Inspections of the massage establishment shall be conducted during business hours. .03 A person who operates a massage establishment or his or her agent, servant or employee commits a violation of this Chapter if he or she refuses to permit a lawful inspection of the premises by a representative of the Police Department at anytime it is occupied or open for business. .0203 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. .0204 Residing in Establishment Prohibited. No person or persons shall be allowed to live, reside or dwell inside the massage establishment at any time. 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. 24 a4 ■ .0205 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 Responsible Employee 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. .0206 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 and consent of the patron. .0207 Roster. The owner, operator or on -duty Responsible Employee 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 Responsible Employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept on the massage establishment premises and be available for inspection by officials charged with enforcement of this Chapter. .0208 Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons' genitals, gluteal fold, anus and female breast (s) . No common use of such coverings shall be permitted and re -use is prohibited unless laundered or otherwise sanitized between each use. .0209 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 location of the premises where the treatment or service is provided for any off -premises massage, the name of technician administering such service, a description of the treatment or service rendered and the amount charged for the treatment or services 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 25 a& I 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 ( 2 ) 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 Anaheim shall constitute a misdemeanor. .0210 Hours Of Operation. The owner must advise the City, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a massage establishment or administer a massage in any massage establishment or administer a massage pursuant to an off - premises massage permit between the hours of 12:00 midnight and 6:00 a.m. A massage begun any time before 12:00 midnight, must nevertheless terminate at 12:00 midnight. 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. .0211 Advertising. No massage establishment granted a 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 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. .0212 Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the License Collector, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California 26 evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of $100,000.00 for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage. .0213 Handicapped Areas: All massage establishments must comply with all State and Federal laws and regulations for handicapped customers. .0214 Doors. All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept 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. .0215 Access. The following persons shall be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation: (i) valid permit holders under this Chapter; (ii) customers, who may be accompanied by no more than one family member ; and (iii) visitors of valid permit holders under this Chapter, provided, however, that access to such visitors shall be limited to the designated business office of the massage establishment. 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 Chapter. Entry doors to any room shall not be obstructed by any means. Nothing contained in this paragraph shall prohibit any person who is an office employee of the establishment from being present in hallways, reception/business offices or other areas necessary or relating to such person's employment duties, nor prohibit any authorized repair, maintenance or service personnel from being present in areas necessary to the performance of such person's services, except that no such office employee or service personnel shall be permitted in any massage room while a customer is present in such room. 27 0 021 Discrimination. No massage establishment may discriminate or exclude patrons on the basis of the race, sex, religion, age or handicap. .0217 Notices. The Chief of Police may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or court conviction, to have violated any of the provisions listed in Section 4.29.050 or 4.29.080: NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ANAHEIM POLICE DEPARTMENT AND CODE ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE. .01 The notice set forth above shall be prepared and issued by the Chief of Police. .02 The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for twelve (12) months following the determination of any such violation, or date of conviction, of any of the offenses set forth above. .03 The requirement for posting the notice described in this Section is cumulative and in addition to all other civil and criminal remedies and penalties set forth in this Chapter, or in the ordinances, laws, rules or regulations of the City of Anaheim, County of Orange and the State of California. 4.29.120 CHANGES OF BUSINESS. .010 Every massage establishment operator shall report immediately to the License Collector any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of Responsible Employee or other person principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers and directors of the corporation, partners of the partnership, including limited partners and all changes of name, style or designation under which the business is to be W a. 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 of Anaheim. .020 No massage operator's permit may be sold, transferred or assigned by a permittee, 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 permittee 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 permit, and in such case, the permit, upon notification to the License Collector, shall be placed in the name of the surviving partners. A massage operator's permit issued to a corporation shall be deemed terminated and void when five percent (5%) or more of the stock of the corporation is sold, transferred or assigned after the issuance of a permit. No massage technician permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. 4.29.130 FEES. The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of x.. this Chapter. The City shall include in this resolution a Health Services Fee Schedule prescribing annual fees to be paid by the operator of each massage establishment, such fees to be paid directly to the County of Orange Health Department and retained by the County as reimbursement for said services related to this Chapter. Fees required by this Chapter shall be in addition to any required under any other Chapter of this Code. 4.29.140 EXEMPTION; EXISTING PERMITTEES. .010 The requirements of this Chapter shall have no application and no effect upon, and shall not be construed as applying to, any persons designated as follows: .0101 State licensed physicians, surgeons, 29 chiropractors, physical therapists, osteopaths, or any registered nurse working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath. Practical nurses, licensed vocational nurses, or other persons without qualifications as massage technicians and without first obtaining a massage technician permit pursuant to this Chapter, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massage or massage procedures. .0102 Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in the practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, f ace, scalp, hands, f eet and hair of the customer or client. .0103 Persons administering a chair massage as defined in this Chapter, provided that the License Collector receives a letter from the property or business owner of the location where the chair massage is to be administered stating his/her/its knowledge and approval of the chair massage, the location where the chair massage will take place, the dates and hours the chair massage will be conducted, the identity of the person(s) administering the chair massage and that only a recognized massage chair will be used. .0104 Accredited high schools, junior colleges, colleges, or universities whose coaches and certified athletic trainers are acting within the scope of their employment. .0105 Certified athletic 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 road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events. .020 Commencing on the effective date of this Chapter, all permits are to be issued in accordance with the provisions of this Chapter. .030 Existing operator's and massage technician's permits shall continue in effect until expiration. 30 16 . 03 01 Within twelve (12 ) months following the effective date of this ordinance, all existing massage technician permit holders shall comply with the requirements of Section 4.29.070.030 of this chapter and shall also either ( i) meet and comply with the requirements of Section 4.29.070.020 of this chapter or (ii) take and pass the test administered by the City pursuant to Section 4.29.070.040 of this chapter. Failure of a massage technician to comply with the requirements of the preceding sentence shall render such massage technician's permit null and void at the expiration of said twelve (12) month period. .0302 Within twelve (12) months following the effective date of this ordinance, all existing massage establishment operator's permit holders (and the designated Responsible Employees of such massage establishments) shall comply with the requirements of Section 4.29.040.020 of this chapter. Failure of an operator, or any designated Responsible Employee of such operator, to comply with the requirements of the preceding sentence shall render such operator's permit null and void at the expiration of said twelve (12) month period. 4.2.01.150 TRANSFER AND DURATION OF PERMITS. .010 No permit issued hereunder shall be transferable to any other person or establishment, provided, however, an additional location or change of location of a massage technician permit will be allowed upon prior written notice to the License Collector and payment of the appropriate transfer fee. .020 Except as provided in subsection .040 below, permits for massage operators and technicians shall be renewed on a year to year basis provided that the permittees continue to meet the requirements set out in this Chapter. .030 Applications for the next ensuing permit shall be filed with the License Collector before the expiration of the existing permit. Temporary Permits will not be issued for renewals 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 permit. .040 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. 31 With respect to massage technician permits, renewal applications must be accompanied with proof that the applicant has completed ten (10 ) units of continuing education from a recognized school of massage as defined in this Chapter. The applicant shall accompany the application for renewal with the appropriate filing f ee approved by resolution of the City Council. 4.29.160 SUSPENSION, REVOCATION, DENIAL AND APPEAL. .010 Violation And Non -Compliance. The Chief of Police may refuse to issue or renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or the requirements of this Chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the City Council in the time and manner set forth in this Section. .020 Notice. When the Chief of Police concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the Chief of Police shall direct the License Collector to serve the applicant or permit holder, by certified mail, return receipt requested, addressed to the business and 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, the right of the applicant or permit holder to appeal the decision to the City Council, and that the decision will be final if no appeal is filed within the time permitted. .030 Appeal. .0301 The right to appeal to the City Council shall terminate upon the expiration of fifteen ( days from the date of mailing of the notice. Any decision of the Chief of Police, pursuant to this Chapter, shall be deemed final and conclusive unless a written notice of appeal is filed with the City Clerk and the Chief of Police prior to the expiration of said fifteen (15 ) day appeal period. .0302 In the event an appeal is timely filed, any suspension or revocation shall not be effective until a final decision has been rendered by the City Council. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. 32 . 0303 The City Coun. ii .of the City of Anaheim may preside over the hearing on appeal or, in the alternative, the City Council may, pursuant to Section 1.12.110, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within forty-five (4 5 ) days from the date the appeal is filed with the City, or, in the event that a hearing officer has been appointed, the hearing officer shall submit his/her findings and recommendations to the City Council within forty-five ( 4 5 ) days from the date the appeal is filed with the City and the City Council shall render its decision within fifteen ( 15 ) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council 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 failing the test, the applicant shall be entitled to review their test at the Police Department but shall not be entitled to a copy of the test. .0304 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 certified mail, return receipt requested, with proof of service attached, addressed to the address listed on the massage application, or massage technician application, as the case may be. .0305 No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, Responsible Employees and technicians subject to this Chapter shall comply with the provisions of this Chapter as they may be amended hereafter. 4.29.170 VIOLATION AND PENALTY. .010 Violations of this Chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370. .020 Any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may, 33 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 enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this Chapter." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1000.00) or by imprisonment not exceeding six ( 6 ) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 34 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 15th day of May , 2001. MAY R'15F THE CITY (Y ANAHEIM ATTEST: (2 C TY CLEKK OF THE CITY OF ANAHEIM 24578.4 35 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5771 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of May, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of May, 2001, by the following vote of the members thereof: AYES: NOES: ABSENT- (SEAL) MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None CIN CLEA OF THE CIN OF ANAHEIM