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2824ORDINANCE NO. 2824 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 BY ADDING THERETO CHAPTER 4.29, REGULATING BATHS, SAUNA BATHS, MASSAGE PAR- LORS AND SIMILAR BUSINESSES, AND REPEALING SECTION -4.30..010 (d) . THE CITY COUNCIL OF THE CITY. OF ANAHEIM DOES. ORDAIN AS FOLLOWS: SECTION 1. That Title 4 of the. Anaheim Municipal Code be, and the same is hereby amended by adding thereto a new. chapter, Chapter 4.29, reading as follows: "CHAPTER 4.29 BATHS, SAUNA BATHS, MASSAGE ESTABLISH- MENTS AND SIMILAR BUSINESSES SECTION 4.29.010, DEFINITIONS. For the purpose of the provisions regulating baths, suana baths, massage establishments and similar businesses. hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended: (a) MASSAGE A method of treating the external parts of the body for remedial or hygenic purposes, consisting of rubbing, stroking, kneading or tapping with the hand or any instrument. (b) MASSAGE An establishment having a fixed place of ESTABLISHMENT business where any person, association, firm or corporation engages in, conducts. or carries on, or permits. to be engaged in, conducted, or carried on, any busi- ness of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt or any other kind or character of baths, where alco- hol rub, fomentation, baths, manipula- tion of the body or similar procedures is given. (c) MASSAGE Any person, male or female, who admini- TECHNICIAN or sters to another person, for any form TECHNICIANS of consideration, a massage, alcohol rub, formentation, bath, electric massage procedure, manipulation of the body, or other similar procedure. SECTION 4.29.020 PERMIT REQUIRED. It shall be unlawful for any person, association, firm or corporation to engage in, conduct, or carry on, or per- mit to be engaged in, conducted, or carried on, in or upon -1- any premises within the a massage establishment dered massage services a establishment within the a permit issued pursuant forth. SECTION 4.29 .0 30 City of Anaheim, the business of or to render, or permit to be ren- t a location removed from a massage City of Anaheim in the absence of to the provisions hereinafter set EXCEPTIONS. The requirements of Chapter 4.29 shall have no appli- cation and no effect upon and shall not be construed as applying to any persons designated as follows: physician, surgeon, chiropractor, osteopath, or any nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective profes- sions in the State of California, nor shall the requirements of Chapter 4.29 apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the State of California or of any other law of this State. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the State of California to practice pursuant to the Medical Prac- tice Act, whether employed by physicians, surgeons, chiro- practors, or osteopaths or not, may not give massages or massage procedures. SECTION 4.29.040 APPLICATION: FEE. (a) Any person desiring to obtain a permit to operate a massage establishment or to perform massage services shall make application to the License Collector who shall refer all such applications to the Chief of Police for an investigation. (b) Each application shall be accompanied by an appli- cation fee of Five (5.00) Dollars. SECTION 4.29.050 APPLICATION: CONTENTS. Any applicant for a permit shall submit the following information: 1. The full name and present address of applicant. 2. The two (2) previous addresses immediately prior to the present address of applicant. 3. Written proof that the applicant is over the age of eighteen (18) years. 4. Applicant's height, weight, color of eyes and hair. 5. Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of the application. 6. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation. -2- 7. All criminal arrests and the reasons therefor. 8. A certificate from a medical doctor stating that the applicant has, within thirt�.T days immediately prior thereto, been examined and found to be free of any contagious or communicable disease. 9. Applicant must furnish a diploma or certificate of graduation from a recognized school or other insti- tution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" shall mean and include any school or institution of learning which has for its purpose the teaching of the theorv, method, profes- sion, or work of massage technicians, which school requires a resident course of study of not less than two hundred (200) hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learn- ing showing the successful completion of such course of study or learning. Schools offering correspondence courses not requiring actual attendance of class shall not be deemed "recognized schools". The City of Anaheim shall have a right to confirm the fact that the applicant has actually attended classes in a recognized school for the aforementioned minimum time periods. 10. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the appli- cation. 11. Applicant shall present himself to the Police Department of the City of Anaheim for the purpose of being fingerprinted and photographed. SECTION 4.29.060 FACILITIES NECESSARY. No permit to conduct a massage establishment shall be issued unless an inspection by the City of Anaheim reveals that the establishment complies with each of the following minimum requirements: 1. A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided, that all such signs shall comply with the sign requirements of the City of Anaheim. 2. Minimum lighting shall be provided in accordance with the Uniform Building Code, and, 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. 3. Minimum ventilation shall be provided in accordance with the Uniform Building Code. -3- 4. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. 5. Hot and cold running water shall be provided at all times. 6. Closed cabinets shall be provided which cabinets shall be utilized for the storage of clean linen. 7. 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 per- sons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area out- side said room or booth while massage services are being performed. 8. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A mini- mum of one tub or shower, one dressing room con- taining a separate locker for each partron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin shall be provided by every massage estab- lishment, provided however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and for female patrons. 9. 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, showers compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bath tubs shall be thoroughly cleaned after each use. 10. Clean and sanitary towels and linens shall be pro- vided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. 11. A minimum of one separate wash Basin shall be pro- vided 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 de- voted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently in- stalled dispensers. 12. Proof of compliance with all applicable provisions of the Anaheim Municipal Code shall be provided. -4- SECTION 4.29.070 PERMIT PROCEDURES. Any applicant for a permit pursuant to these provisions shall personally appear at the Police Department of the City of Anaheim and produce proof to the Police Department that the Five (5.00) Dollar application fee has heretofore been paid to the License Collector of the City of Anaheim and thereupon said applicant shall present to the Police Depart- ment the application containing the aforementioned and des- cribed information. The Chief of Police shall have a reason- able time in which to investigate the application and the background of the applicant. Based on such investigation, the Chief of Police, or his representative, shall render a recommendation as to the approval or denial of the permit to the License Collector. The Department of Building and Safety, the Fire Depart- ment, and the. Orange County Health Department shall inspect the premises proposed to be devoted to the massage establish- ment and shall make separate recommendations to the License Collector concerning compliance with the foregoing provisions. The License Collector, after receiving the aforementioned and described recommendations, shall grant a permit to the establishment if all requirements for a massage establishment described herein are met and shall issue a permit to all persons who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of such person reveals a conviction of a felony or a crime of moral turpitude. Any person denied a permit pursuant to these provisions by the License Collector may appeal to the City Council in writing stating reasons why the permit should be granted. The City Council may grant or deny the permit and such deci- sion shall be final upon the applicant. Also, the City Council may elect on its own motion to review any determina- tion of the License Collector granting or denying a permit. All permits issued hereunder are nontransferable, pro- vided, however, a change of location of a massage establish- ment may be permitted pursuant to the provisions herein. SECTION 4.29.080 DISPLAY OF PERMIT. Every person, association, firm or corporation to whom or for which a permit shall have been granted shall display said permit in a conspicuous place so that the same may be readily seen by persons entering the premises where the mas- sage, bath or treatment is given. SECTION 4.29.090 CHANGE OF LOCATION. A change of location of any of the aforementioned and described premises may be approved by the Chief of Police and City Planner, provided all ordinances and regulations of the City of Anaheim are complied with. SECTION 4.29.100 UNLAWFUL ACTIVITIES. 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 -5- for immoral purposes, or in a manner intended to arouse appeal to or gratify the lust or passions or sexual desires. Genitalia are to be covered at all times during rendition of services hereunder. Any violation of this provision shall be deemed grounds for the revocation of the permit granted hereunder. SECTION 4.29.110 EMPLOYEES. It shall be the responsibility of the holder of the per- mit for the massage establishment or the employer of any per- sons purporting to act as massage technicians, to insure that each person employed as a massage technician shall first have obtained a valid permit pursuant to Section 4.29.020. No registered massage technician aide may independently practice the acts of massage, but he may, as a massage technician aide, assist a technician in the acts constituting the practice of massage under the immediate personal supervision and employ- ment of a registered massage technician, but such aide may assist only while the massage technician is personally present with the patron, and such aide may not perform massage ser- vices. Any massage technician aide shall comply with the requirements of Section 4.29.050. SECTION 4.29.120 INSPECTION. The Department of Building and Safety, Fire and Health Departments shall, from time to time and at least twice each year, make an inspection of each massage establishment in the City of Anaheim for the purpose of determining that the pro- visions of this Code are met. SECTION 4.29.130 RECORDS OF TREATMENTS. Every person, association, firm or corporation operating a massage establishment under a permit as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the tech- nician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Anaheim shall consti- tute a misdemeanor and such officer or employee shall be sub- ject to the penalty provisions of this ordinance, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treat- ment was rendered. Said records shall be maintained for a period of two (2) years. SECTION 4.29.140 NAME OF BUSINESS. No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in his permit. SECTION 4.29.150 REVOCATION AND SUSPENSION OF PERMIT. No permit shall be revoked until after a hearing shall have been held before the City Council to determine just cm cause for such revocation provided, o7v.-,ever the License L 4. Collector may order any permit suspended pending suc.-,-i hearincl- and it shall be unlawful for any person to carry on the busi- ness of a massage tecli-Mician or to o-peratc- as a massace estall— lishLLent depending upon the particular type of peryL-- has been suspended until the sus-(-.�endtac peri -tit lias been re- instated by the City Council, -il-oLice of suc1ii hearing s -1 -.all be given in writing and served a -'L-- least five (5) da -17s prior to the date of the hearina t1lerecn. rl"!-La notice s,-aah -state the ground of the complaint against the holder of such per -- mit, or against the business carried on by the permittee at the massage establishment, and shall state the ti. -I's and Place- ti.,aIhere. such hearing will be beld. Said notice shall be served upon the pel-1-0.it holder by delivering the same to such person or by leavinc, suc.l., notice il �4 at the place of business or residence of the per.rt ..-L 1iolder in ti -ie custody of a person of suitable ale and discretion. In the event the peri -,-Lit holder cannot be fount: and t'L,,e service of such notice cannot be -z-Ladc in the manner herein provided, a copy of such notice shall be mailed, posta(�..o full-,., prej:,,aic, addressed to tnte permit holder at his -place of business or residence at least five (5) days prior to the date of sucil hearing. SECTIO'u. 4.219.160 SZ.1j-11L' Gam:�i Upon the sale or trans fcr of any interost- in a massage establishment, the -per.yiit and license shall be null and void. new anDlication shall be rade by any person, firm or entity desiring to o,.,,7n or operate the massage es tab lis :z -tent. 11. fee Of Five (5.00) Dollars shall be payable for eac--,,,- suc.1i a-,,D:)lica-- tion involvinc.- sale or other transfer of an-,,, interest in an existing massage estal-lis-n-ent. provisions of Section 4.29.040 and Section of this Chapter shall apply to any person, firm. ' or entity applying for a establ-lish,- i.) - ment ermit for premises previously used as such esta-blis1-,.-- ment. Any such sale or transfer of any interests in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the i-.,,assage establishment, shall require inspection ansa si,.all re -- quire compliance with Section 4.29 .060 of this Chapter. S'21CTIO" 4.29 .170 OF 1' GUL-771,".-2I0i�..S-' TO MIIST!11.G The provisions of this ChzL-.,-,tcr shall be applicable to all persons and businesses described herein i%lhether the 11erein described activities were estah-lished before or after ti -le effective date of this ordinance, except that those in busi- ness at the tir..-te this ordinance., is effective shall have one (1) T � year from said effective date to cor,',.-,pl-�'with the ter-f:.s herein. S C1( 1( 4.2-9,.180 VIOL,.r-PICIjL� P (a) :very person.. except t'll-lose persons who are s-,-,eci- fically exempted by this Chapter, whether acting as an in- dividual, owner, eroplovee of the owner, operator or eiiwloyee of the operator, or whether acting as mere helper for tie owner, emjoloyee or o-perator, or whcther actin( as a -partici- pant or worker in any way, Tlr7."Jo gives massages or conducts a ..-7-- massage establishment or room, or gives or administers, or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths, vapor baths, fomentation, sun baths, mineral baths, alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt glows or any type of therapy or who does or practices any of the other things or acts men- tioned in this Chapter, without first obtaining a permit and paying for a license so to-do from the City or shall violate any provision of this Chapter, shall be guilty of a misde- meanor. (b) Any owner, operator, manager, or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a massage technician as defined in this ordinance who is not in possession of a valid permit or who allows such employee to perform, operate or practice with- in such place of business is guilty of a misdemeanor. (c) 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 and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and re- strain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this Chapter. " SECTION 2. That Title 4, Chapter 4.30 of the Anaheim Municipal Code be, and the same is hereby amended by repealing Section 4.30.010(d) thereof. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circu- lated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force.. THE FOREGOING ORDINANCE is approved and signed by me this 23rd day of ,Tune , lg 70. MA3C0 OF THE CITY OF-ANAII.E.LIVI ATTEST: C CLERK OF THE CITY OF ANAHEIM MHM:jl 4/7/70 -8- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) Il, DENE M.: WILLIAMS, City Clerk'of .the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2824 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of June, 1970, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of June, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 2824 on the 23rd day of June, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of June, 1970. TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 2824 and was published once in the Anaheim Bulletin on the 3rd day of July, 1970. City Clerk