3721FOLLOWS:
ORDINIATNCEE' 1110. 3721
Ulr ORDI1,TA":10E OF THE CI"Y OF T�AAFI=T.i
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.Z
TIT 7 E 4 , C' 14 E
.,T Pr7IE:�) A -,r
, 4.29, D 7�
.UIA IA
NE'VvTITLE 4, C P E', R 4. 29 RE_E.L,:),T'IN'G 20 BA -TIE -S,
1 1 L
SALZIA B-LTIHS, T,_!;%SSAG7E EST.' BLISH.�IZNTS AIND
Sll,;IIL.z,.R DUST-;,�j�ESQES.
11
TIHIE CITY r_OU1%-:'CIL OF THE CITY OF Z2 I Al_==.',_, DjOl'S 021 -D -ALL -4-- f,,,S
SECTION 1.
1.111-)_a1-_ Title 1, Chapter A:.29 of the Anahei-DL D`1unici-,-:,,a_l
Code be, and the same is hereby, repealed.
SECTION 2.
That Title 4 of the Anaheim Municipal Code be, and the
same is hereby, amended by adding -to Title 4, 'Chapter 4.29 to read
as follows:
"CHAPTER 42.29 SAUIN12% BZ�TClS, 11ASSAGE ES -:----Tc--'-
_1!E1_.1TS AND SI:1IL:-'0_F', :BUSIT EISSES
T7
Section 4.2.0.010 D�jFTI-j"Jo'-V
For the -F)urpose of the provisions reciu-
lating baths, sauna baths, �e,.assage es-Ca3:)1is1u-..ei-,_ts an_d si--.-,.iilar
businesses hereinafter set for-1--li, the following words and
phrases shall be construed to have the meanings herein set
forth, unless it is apparent from the context that a dif-
ferent ri,,,eaning is intended:
(a) 11,1assagel -means any method of treating
the e;fternal parts of the body for rer,.,Icdial, health or hvgenic
purposes by means of pressure on or friction against, or strok-
ing, kneading, rubbing, tapping, pounding, or s-,Cirtiulating -E.-le
external parts of the body with the hands or other parts of
the body, with or without the aid of any mechanical or electri-
cal apparatus or appliances, or with or without supplementary
aids such as rubbing alcohol, liniments, antiseptics, oils,
powders, creams, lotions, ointments, or other slylltilar -prepara-
tions commonly used in t1qis practice.
(b) 'Massage Establishment' ri-teans an establish-
ment having a fixed place of business where any person engages
in, conducts or carries on, or permits to be engaged in, con-
ducted, or carried on, any business of giving massages, baths,
administration of fomentation, electric or n.agnetic treatments,
alcohol rubs, or any other type system for treating or rIanipu-
lating the hui.ian body with or without any character of bath,
such as Turkish, Russian, Swedish, Japanese, vapor, sun, steam,
sweat, electric light, salt, shower, electric tub, sponge, min-
eral, fomentation or any other type of bath.
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(c) 'massage Technician' means any person
who administers to another person, for any form of considera-
tion, a massage, alcohol rub, fomentation, bath, electric
massage procedure, manipulation of the body, or other similar
procedure.
(d) 'Permit' means the permit required to be
obtained from the License Collector for the operation of a
Massage Establishmen# or for performing the activities of a
Massage Technician.
(e) 'Person' shall mean any natural person,
firm, partnership, corporation or association.
Section 4.29.020 MASSAGE ESTABLISHMENT - PER] IT REQUIRED
It shall be unlawful for any person to
engage in, conduct, or carry on, or permit to be engaged in,
conducted, or carried on, in or upon any premises within the
City of Anaheim, the business of a Massage Establishment or
to render, or permit to be rendered massage services at a
location removed from a Massage Establishment within the City
of Anaheim in the absence of a permit issued pursuant to the
provisions hereinafter set forth. The permit required hereby
shall be in addition to any business license required by ordi-
nance.
Section 4.29.030 EXCEPTIONS
The requirements of Chapter 4.29 shall
have no application and no effect upon and shall not be con-
strued as applying to any persons designated as follows:
(a) Physician, surgeon, chiropractor,
osteopath, or any nurse working under the supervision of a
physician, surgeon, chiropractor, or osteopath duly licensed
to practice their respective professions in the State of Cali-
fornia;
(b) 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 un-
der the Business and Professions Code of the State of Califor-
nia or of any other law of this State;
(c) Barbers and beauticians who are duly
licensed under the laws of the State of California while en-
gaging in practices within the scope of their licenses except
that this exception shall apply solely to the massaging of
the neck, face, scalp and hair of the customer or client.
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Practical nurses or ot-licr persons without
qualifications as I-iassaa:e Technicians, or other persons not
o-i.--herwise licensed by the St -ate of California to ---ractice pur-
suant to the Medical Practice Act, whether e:7,iployed by physi-
cians, surgeons, chiropractors, or osteopaths or not, --cc,.av riot
give massages or onassage procedures.
I
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Section 4.2.0.040 I-ILASSZIGE U-PLICAI
FEES
(a) 1,ny person desiring to obtain a permit
-
to operate a Mlassage Lstablishmen4L or to J_ perform Passage
services shall make application under penalty of perjury to
the License Collector who shall refer all such applications
to the Chief of Police for an investigation.
(b) Each application shall be accor.Panied by
a nonrefundable application tee of one Hundred Dollars
($100.00).
(c) Each permit issued under this chapter
shall eHDire on June 30 of each year.
An unrevoked peri it may be renewed for
one year on written application to the License Collector, made
on or before July 1 of each year, accompanied by the required
fee; provided, however, said application for renewal slIall riot
be Y.,,ade prior to :4ay 15 of said year. Said application shall
include the applicant's full name and address, the names and
addresses of any person, corporation, partnership or associa-
tion having a financial interest in the 11assage Establisir-3.ents,
and the names and addresses of all Persons ezt,,-ployed as 11dassage
Technicians at said establishment.
The renewal fee for a permit shall be
Fifty Dollars ($50.00). The first renewal -fee for a license
issued during the months of January, February or March shall
be one-half the nonaal renewal fee. There shall be no renewal
fee for -the first renewal of a license issued during the -months
of April, May or June.
Permit fees required under this chapter
shall be in addition to any license, permit or fee required
under any other chapter of this code.
Section 4.29 .050 !�aSSAGE ESTABLISii.'EIT APPLICATIO-IxT
CONTE7VTS AND PROCEDU=-
Any applicant for a permit shall sub -mit
the following information under penalty of perjury:
mc
(a) The full name, date of birth, present
residence and business address and telephone number of the
applicant and his California Driver's License nurtibler or Cali-
fornia Identification number and Social Security number, if
any. Any other names or aliases, including nicknames, used
by applicant shall be listed. The applicant shall subr_iit any
change of address or telephone number which occurs at any
time subsequent to being issued a permit.
(b) Each residence and business address of
applicant for the three (3) years irimiediately Preceding the
date of the application, and the inclusive dates of each such
address.
(c) Written proof that the applicant is at
least eighteen (18) years of age.
(d) Applicant's sex, height, weight, color of
eyes and hair.
(e) Applicant's
employment history for the three
ceding the date of application.
business, occupation and
(3) years La.,ediately pre -
(f) The permit history of the applicant.;
whether such person has ever had any license or permit issued
by any agency or board, City, County or State revoked or sus-
pended, or has had any professional or vocational license or
permit revoked or suspended, and the reason therefor.
(g) 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 names and residence
addresses of each of its current officers and &irectors, and
o -L- each stockholder holding more than five percent (306) of
the stock of the corporation. If t1ae applicant is a partner-
ship, the application shall set forth the name and residence
addresses of
each of the partners, including limited partners.
If the applicant is a lLuAted partnership, it shall -furnish
a copy of its certificate of lir..-,ited partnership as -filed with
the Countv Clerl,-.. If one or more of the partners is a corpora-
tion, the provisions of this subsection pertaining to corpora-
tion applicants shall apply. The applicant corporation or
partnership shall designate one of its officers or general
partners to act as its responsible managing officer. Such
person shall complete and sign all application forms required
of an individual applicant under this ordinance, but only one
application fee shall be charged. A change application shall
be filed to change t1he responsible i-,ianaging officer but no
additional inspection shall be necessary. The corporation's
or Partnership's responsible managing !LU k�
officer i-, st at all
times meet all of the requirements set for pe. -Mit -tees by this
section or the corporation or partnership permit shall be sus-
pended until a responsible managing officer who does r:,ieet all
=a
such requirements
within ninety (9 0 )
is deemed canceled
must be filed.
is designated. If no such person is nai,ed
days, the corporation or partnership perit
and a new initial application for permit
(h) The name and address of the Owner and
Lessor of the Real property upon or in which the business is
to be conducted, and a copy of the lease or rental aureeriert.
In the event the applicant is not the legal owner of the prop-
erty, the application must be accompanied by a notarized ac-
knowledgment from the owner of the property that a �Nlassage
Establishment will be located on his/her property.
(i) All convictions of any crimes, except
minor traffic offenses (any traffic offense that is designated
as a felony shall not be construed as a minor traffic offense),
and, if so, the nature thereof and sentence therefor.
(j). definition of service to be provided.
(k) The massage or sir:iilar business license
history of the applicant; whether such person, in previously
operating in this or another City or State has had a business
license revoked or suspended, the reason therefor, and the
business activity or occupation subsequent to such action of
suspension or revocation.
W (1) The name and address of each Massacre Tech-
nician who is or will be employed in said establishment.
(m) [.he name and address of any riassa� ie busi-
ness or other establishment owned or operated by any Person
whose name is required to be given pursuant to this Subsection
4.29.050(g) wherein the business or profession of --massage is
carried on.
(n) A description of any other business to be
operated on the same premises or on adjoining premises owned
or controlled by the applicant.
(o) lluthorization for the City, its agents
and employees to seek information and conduct an investigation
into the truth of the statements set forth in the application
and the qualifications of the applicant for the permit.
(p) she names, current addresses and written
statements of at least three (3) bonafide permanent residents
of the United States that the applicant is of good P=al char-
acter. If the applicant is ca_Die, the s'tatei ent 'i":List firs` be
furnished from residents of tine City of Anaheir?, then the
County of Orange, then t}. -,Le State oA Cali =ornia, and lastly fro
the rest of the United States. These references :crust be per-
sons other than relatives and business associates.
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(q) Such other identification and information
necessary to discover the validity of the matters hereinabove
specifiedreUU4
as - _Lrcd to be sat forth in the application.
Upon filinc; of -E-ie application, ttie ap=plicantshall present hi-uiself to the -Police Department of the City of
AnaheiTa for the purpose of being finger nrint_cc' <<nd< -p1,.otographe,,",..
upon filing of the applicat-ion for a- �Iassa�e
Permit with t1ie License Collector, the License Collector
shall notify the Orange County Department of Health. 11"111 'IS
department shall cause an inspection to be made of t1ae prer.-
ises sought to be licenser-", within twenty (20) Nays to ascer-
tain if ti -'-ie premises are in coi-,,i-plialice with all applicable
health laws. If the Drerodses are in compliance, such depar-'t-
ment shall issue a let -ter to the License Collector so stating
which shall be forwarded to the Police De-oartment with the
application. If the pre�mises are not in compliance, said de-
partment shall issue a letter to the applicant setting forth
the deficiencies and shall reinspect the preu.ises no more than
twice upon written request of the applicant. If a letter of
full compliance is not issued by such department within ninety
(90) days of the date of the filing of the application, the
application shall be deemed withdrawn and a new application
must be filed. The License Collector shall no-"-- forward the
application to the Police Department until the Health Depart-
ment has issued a letter of compliance and acknowledgment that
the Health Services Fee pursuant to Section 4.29.055 has been
paid.
Section 4.29.055 ANTI -?UAL HEALTH SERVICES FLEEJS
rl-,he County Health officer shall periodi-
cally, but not less than twice per year, -.rcLake inspections of
massage establishments located in the City of Anahei,,'I,, to de-
termine if the proprietor or operator of said establishiL-Lent
is complying with the sanitation and health provisions of this
chapter of the Anaheiiii Municipal Code. The City shall, by
resolution, adopt a Health Services Fee prescribing annual
fees to be paid by the proprietor or operator of 1Massage Es-
tablishments, such fees to be paid directly to the County
Health Officer as reip:bursement for said services. Health
Services Fee shall be in addition to any application fee or
business license.
Section 4.29.060 MASSAGE ESTI BLISA Z1ET - OPERATI-qu
REQUIREHENTS
N N
o person shall engage in, conduct, or
carry on, or permit to be engaged in, conducted or carried on
Massage any Massage Establishrin.ent unless each and all of the following
reciuirements are met:
(a) Each person eriployed or acting Cas a
i_assage Technician shall have a valid permit issued by the
License Collector. It shall be unlawful for anv owner, opera-
tor, responsible managing eriployee, manager or permittee in
charge of or in control of a-Hassage Establis'luient to employ or
permit a person to act as a riassage Technician, as defined in
Section 4.29.010, who is not in possession of a vali, unre-
voked isassage Technician perttit issued pursuant to this Code.
(b) The possession of a valid Massage Estab-
lishment Permit does not authorise the possessor to perfor_a
work for which a Massage Technician Perri?it is required.
(c) i,�assa�,e operations shall be carried on,
and the premises small be open, only between: the hours of
7:00 a.m. and 12:00 �<<iinight.
(d) A list of services available and the cost
of such services shall be poste(. in an open and conspicious
place on the premises. The services shall be described' in
readily understandable language.
(e) The Massage Establishment Permit, and a
copy of the permit of each and everyTechnician em-
ployed in the establishment, shall be displayed, in an open and:;
conspicuous place on the premises.
(f) Every person, association, firm or cor-
poration operating a i"'?assage Establishment under a .-crriit as
herein provided shall :deep a recol-d of the date andY hour of
each treatment, the name and address of the patron, and the
name of the technician ac;ministering such treatrzent. 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 urpose. --.,'he information fur-
nished or secured as a result of any such inspection shall
be confidential. Anv unauthorized disclosure or use of such
information by any officer or er«plovee of the City of Anahei7.t
shall constitute a misdemeanor and such officer or employee
shall be subject to the penalty provisions of this ordinance,
in addition to any other penalties Provided by law. Said
records shall be r.taintained for a period of t�vo (2) years.
(g) Z ninirtura of one (1) tub or shower and
one (1) toilet and wash basin shall be provided for the pa-
trons in every iassagestablishrient location; however, if
male and female patrons are to be served sirLtultaneously at
said establishment, separate toilet facilities shall be pro-
vided for male and female patrons. In those establisrj,tents
where steam rooms or sauna baths are provicryed, if stale and
female patrons are to :he served simultaneously, separate steam
rooms or sauna rooms shall be provides for male and' feriale
patrons. riot and cold running water under_ pressure shall be
provided to all ,wash basins, bathtubs, shovers, and similar
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equipment. Each wash basin shall be provided with soap or
detergent and sanitary towels placed in )err!.anently installed
dispensers. A trash receptacle shall be provided in each
toilet room. In addition to the wash basin provided for pa-
trons, a minimum of one separate wash basin shall be provided
in each Massage Establishiient which basin shall provide soap
or detergent and hot and cold running water at all ties and
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shall be located within or as close as practicable to the area
devoted to the perforr�.ing of massage services. In addition,
there shall be provided at each wash basin, sanitary towels
placed in permanently installed dispensers. EXCEPTION: If
the wash basin for the patrons is not in the toilet roord but
is adjacent thereto, this wash basin will meet the separate
Cush basin requirement if it is reasonably close to the area
devoted to the per -forming of massage.
(h)yinirmw m ventilation shall be provided
in accordance with the Uzniforim Building Code.
lighting shall be provicaee_. 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 -1.1assage ser-
vices are being performed on a patron.
(j) All walls, ceilings, floors, pools,
showers, bathtubs, wet and dry heat rooias, steam or vapor
rooms, tables and all other physical facilities shall be in
good repair and _:.aintained in a clean and sanitary condition.
Wet and dry heat roo�«s , stcea..i or vapor rooms or cabinets,
showers, corzloarc:.ents anc toilet rooms shall be Thoroughly
cleaned at least once each bay eche business is in operation.
Bathtubs shall be thorouu1-11y cleaned after each use.
(k) Clean and sanitary towels, sheets and
linens shall be provided for each patron of the establishment
or each patrol receiving passage services. 1Io cosmu..on use of
towels or linens shall be permitted, . ri o-ue S , S!1G'etS anL�
linens shall be oroviC:ed in Sufficient quantity an % s fall not
be used by r:iore than one (1) person unless they wave been
i.rst relaundere(f:. reavy white paper r.ay be Swbst-itutc::': '=or
sheets provided that such paper is used one for cacti person
then discarded into a saizitar receptacle. Separate closed
cabinets or containers shall be provide- for the storage of
clean and soiled linen and shall be ;Mainly i-darkect: ' c1L�tn
linen,' 'soiled linan.'
(1) Disin"ecting agents and sterilifincT
e quipment ap� )rove`' by the Orange County Iealth Depar -it
shall be provide:: for any instruments useLf in performing any
massage.
(m) Pads used on massage tables shall be
covered in G worlluianlike manner with durable, washable plas-
tic or other �,.7atrrproo:Z: material acceptable to -the Orange
County Health Department.
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(n) 47-1.11 exterior doors shall be unlocklec.-,
fro,-,,, the interior side during business hours.
(o) A se -carate locker shall be provided for
each patron to be served, which locker shall be capable of
being locked and available at no e,.:tra charge.
(p) No person shall enter, be or remain, in
any part of a I'llassacre Establislyrient location while in the
possession of, consuri.',.ing, or using any alcoholic beverage or
drugs except pursuant to a prescription for such drugs. The
owner, operator, responsible managing employee, manager or
permittee shall not permit any such person to enter or remain
upon such premises.
(q) No person owning, operating or managinga M
I-lassage Establishment shall knowingly cause, allow or per 1-L. i t
in or about a 11.1assage Establislutient,, any agent, employee, or
any other person under his control or supervision to perform
acts prohibiteC by State or local laws or ordinances.
Knowingly' shall include both actual and constructive know-
ledge.
(r) No Massage Establislument shall operate
as a school of massage, nor operate in the same location, nor
use the same facilities as that of a school of r,-..assaq.e except
as otherwise may be provided by law.
(s) All employees, including Massage Techni-
cians, shall be clean and wear clean, nontransparent outer
garments, the use of which is restricted to the -',"Jassage Estab-
lishment. A separate dressing room for each se. -I mus -IC be
available on the premises with individual lockers for each
employee.
(t) A recognizable and readable sign shall
be posted at the main entrance identifying the est-ablishRIent
as a Massage Establishment provided that all such signs shall
comply with the sign res uirern-tent-s of the City of Anaheim.
(u) Proof of compliance with all applicable
provisions of the Anahei.-LL,, Municipal Code shall be provided to
the License Collector, Chief of Police or their authorized
representatives upon their request.
Section 4.29.070 I?-JSPECTIU_
The City of Anaheim's Police Chief,
Zoning Enforcement Of -ficial, Building Official, and orange
County Health Officer and their authorized representatives
shall have the right to enter the 1.1assage Establislui,-,ent from
time to time during regular business hours for the purpose of
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making reasonable inspections to observe and enforce con-pIli
li-
ance with aDpliicable building, fire, electrical, zoning or
health regulations and the provisions of this chapter.
Section A-29.080 HASSAGI]. TI]CHT-VICUUNS - PERHIry -7--l"QUIP D
(a) The words and phrases defined in Section
4.29.010 of this Code, shall have the same YL,,eanings when used
in this Section.
(b) No person shall engage in the business
of acting or act as aI-lassacre Technician unless such person
Z)
holds a valid Massage Technician PerrfLit issued by the License
Collector. This section shall not apply to the classes oJE
Lnldivid'uals e-.7_em-ot_eJ in Section 4.29.030 of this Code.
-.
Section 4.29.090 IIASSAGE TEC7-1,JICIT.!UIPLICAr,,_IIO'.K7,
TdO FEES
.4 L, J.4
(a) Each applicant for a .Iassage Technician
Per. -At shall I!lake application under penalty of perjury to C -ie
License Collector who shall refer such applications to the
Chief of Police for an investigation.
(b) Each application shall be accom,0anicd
by an application fee of Fifty Dollars ($530.00).
(c) Each permit issued under this section
shall expire on June 30 of each year.
An unrevo."Ied permit ray be reneweCI for
one year on written application to the License Collector,
made on or before July 1 of each year, accortipanied by the
required fee; provided, however, said application for renewal
shall not be made prior to 1111--a-V 15 of said year.
The renewal fee for a 1--assage Technician
Permit shall be Twenty -Five Dollars ('$25.00).
(d) Permit fees required under this section
shall be in addition to any license, permit or fee required
under any other section of this code.
Section 4. 29.100 -, SSAGEI TECIIINICU%N APPLICAIIIIIOI., - CO- TIZ]14TS
Lach applicant for a Massage Technician
Permit shall subnit the following information under penalty
of perjury:
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(a) The full came, date of birth, present
residence and business address and telephone nurser of the
applicant and his California Driver's License number or
California Identification nur. er. Any other names or ali-
ases, including nicknames, used by applicant shall be listed.
The applicant shall submit any change of address or telephone
number which occurs at any time subsequent to being issued a
certificate or permit.
(b) Each residence and business address of
applicant for the three (3) years immediately preceding the
date of the application, and the inclusive dates of each such
address.
(c) Written proof that the applicant is at
least eighteen (18) years of age.
(d) Applicant's height, weight, color of
eyes and hair, and sex.
(e) Applicant's business, occupation and e_m-
ployment history for the three (3) years immediately preceding
the date of application.
(f) The permit history of the applicant,
whether applicant has ever had any license or periait issued
by any agency or board, City, County or State revoked or sus-
pended, or has had any professional or vocational license or
permit revoked or suspended, and the reason therefor.
(g) A certificate from a medical doctor, li-
censed to practice in the State of California, issued within
thirty (30) gays, that certifies that applicant has been ex-
an.ined and had no corxaunicable diseases on the date of the
examination.
(h) Mnether the applicant has been convicted
of any crime, except ri,inor traffic offenses (any traffic of-
fense that is designated as a felony shall not be construed
as a minor traffic offense) and, if so, the nature thereof
and sentence therefor.
(1) `_' le business address ar.,6 all telephone
nu ,Jjers where the massage is to be practiceG.
(j) The names, current addresses anc'it written
State' .eats of at l east three (3) bonaflde :�erxaanent resiJi dent -s
other than relatives, of the Unite-_t'l:t the aYolicant
is of good r -oral character. If the applicant is able, -the
statement must first he furnished from resi de nts of the City,
then the County, t"Aen tha State of California and, lastly,
froc_i ;ale rest of me united States.
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(k) Applicant must furnish a c'Iiplozma or cer-
tificate of graduation from either:
(1) 1,, recognized school or other insti-
tution of learning wherein t2ie method, profession ancl work of
..'.Lassaqe Technicians is taught; or
(2) An existing school or institution
of learning outside the State of California, together with a
certified transcript of the applicant's school records show-
ing date of enrollment and graduation from a course having at
least the minimum'L requirements prescribed by Title 5, Division
21, of the California ACaAnistrative Co(e wherein the theory,
method, profession and work of -massage is taught and a copy of
the school's approval by its State Board of Education.
The term 'recognized' school' small scan
a State approved and license(=, educational institution, as
fined in Chapter 1, Division 21, Part /S' of the California
Education Co -,,7,-- za-ia'_I* which is in coapliance with the provisions
of Title 5, Division 21, of the California 2N.cd;iinistrat-ive
Code and includes any school or institution of learning which
has for its purpose the teaching of the theor-,7, method, nro-
fession or work of 2ilassage Technicians.
Schools oHering correspondence courses
not requiring actual attendance of class shall not be Cee,,ecI
'recognized scl-lools.1 The City of Tuiaheim shall have - a right
to confirm the fact that the applicant has actually attended
classes in a recognized school for the rc-;:;,uireC"
periods.
(1) Such other identification and in -formation
necessary to discover ti -le- truth of the -_f-natters hereinbefore:
specified as required to be set forth in the application.
Authorization fror the City, its agents
and employees to seek information and conduct an investiga-
tion into the truth of the statements set forth in16zp p
e a- pli
cation and aualifications of the applicant for the perniii--.
(n) Tpplicant shall present himself or her-
self to the Police Departriient of the City of Anaheirii for the
purpose of being fingerprinted and -photographed.
Section A.29.110 ANNIUAL ILIMEDICAL
Each Massage Technician shall annually
at the time of renewal of his or her perrAt-, su-001V the
License Collector with a new meC.ical certificate required by
Section 4.29.100 (g).
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Section 4.29.120 OPIEPIPIVE DATE r"IC.'IIIT '
IT�
SIi
All persons operating or employed as
miasseurs or -masseuses in massage establishments at the time
this ordinance becomes effective shall obtain a 11assacle
"echnician Permit within 90 days of theffective
e date of
L
this ordinance.
Section 4.29.130 PL:'iJ.=T PROCEDU=S
(a) Any applicant for a -pariait pursuant to
this Chanter shall personally appear at the Police Department
of the City of Anaheirr, and produce proof to the Police Depart-
ment that the application -fee has heretofore been paid to the
License Collector of the City of Anaheim and thereupon said
applicant shall present to the Police Departr..ient the applica-
tion containing the information described hereinbefore in
this Chapter. The Chief of Police shall have a reasonable
time in which to investigate the application and the back-
ground of the applicant. Based on such investigation, the
Chief of Police, or his representative, shall render a recom-
mendation as to the approval or denial of the per -mit to the
License Collector.
The Chief of Police shall not reco_-,imend
issuance or granting of a per -mit if, based on his investiga-
tion, he finds any one or more of the following:
(1) An applicant fails or refuses to
furnish the information or documents required by this Chapter;
or
(2) Pm applicant false, mislead-
ing or fraudulent information on the application or on any
document required by the City in conjunction thereof; or
(3) The Chief of Police receives sat-
isfactory evidence that the applicant, if an individual; or
any of the stockholders holding more than five -percent (50)
of the stock of the corporation; or any of the partners, in-
cluding, limited partners, if the applicant
pplicant is a partnership;
or the holder of any lien, of any nature, upon the business
and/or the equipment used -therein; and the -manager or other
person principally in charge of the operation of the business,
have been convicted of, or have entzere"', a -,:)lea of guilty or
- D I -Y
nolo contendere t-0 a felony or any ot'lier cri'-_le off ---,.oral turpi-
tude; or an offense involving se.-,-ual i-,iisconr_'..uct incluifii-au, but
not limited to, a violation of Section 1266i, 314, 315, 316,
318, or subdivisions (a) or (b) of Sect -ion C-47 of the Califor-
nia Penal Code or -,proof that the iiiassage personnel of the
owners or operators of a _7.assaqe are req.-aire6i
L 1, 4- i o., -c Ponal
to register unc-ler t'%.Ie Provisions of Sec- i 290 o -
IJ
Co -de unless the Chief of Police finds that the offense is not
reasonably relateC'I -to the occu-pation beincf -c-ulate 17"; or
1;
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7_111-1a operation,
applicant, Lf per.r,.,,itte(f-., would not col -_i -ply
laws, including, but not limited to, the
ing and health regulations; or
as -
,pro.poser_7 by tie
with all applicable
City's building, zon-
(5) "Phe operation of the =pas sage Estab-
lishwent will not comport with the peace, health, safety and
general welfare of the public; or
(6) The issuance of a -Hiassage Techni-
cians Perrait will not comport with -the peace, health, safety
and general welfare of the p-Ldblic; or
(7) The applicant has has{ a massage busi-
ness, masseur, masseuse, Tlassage Technician, or other similar
permit or license'enied,, revoked, or suspended by the City or
anv other State of local agency within five (5) years prior to
the date of the application; or
(3) The applicant, if an indivic_ual, or
anv of the officers and directors, if the applicant is a corpor-
ation; or any of the partners, including limited partners, if
the applicant is a partnership; and the manager or other -person
principally in charge of the operation of the business, is not
the age of eighteen (18) years or older.
(b) The Cityr of TuiaheL,,ivs Zoning 1EMforcer,,.ent
Official, Building Division Official, the Fire DeT)artMent, and
the Orange County Health Department shall inspect the premises
proposed to be devoted to the =Massage Establishment- and shall
make separate recormaendat ions to the License Collector concern-
ing compliance with the foregoing provisions.
(c) The License Collector, after receiving
the aforementioned and described recon.-mendations, shall issue
or deny a permit. In the event the permit is denied by the
License Collector, written -notice of such denial shall be
given to the applicant specifying the grounds for such denial.
Notice of the denial of the permit shall be deemed to have
been served upon personal service of applicant or when de-
posited in the United States snails with postage prepaid and
addressed to the applicant at his last known adic"Iress. Such
refusal to issue a permit may be appealed to the City Council
under the -procedures as set forth below.
(d) Within thirty (30) days frog -L the date of
denial, any person denied a permit pursuant to these provisions
by the License Collector Tnay appeal to the City Council in
writing stating reasons why the 2erm.it should be granted. rIhe
City Council may grant or deny the pery�,it and suc", decision
shall be final upon the applicant. -.7ilsof the City Council stay
elect, on its own motion, to review any determination of the
License Collector S, -ranting or C.enying a
-14-
N11 permits issued.. here,_are
I - t -
nontrans-
ferable provided, however, a change of location of a ''Iassage
Establishment mav be Dermittea", -oursuant- t-0 the provisions
_herein.
Section 4.29.1 O SLLE OR SF EF 72"D CHMqGE OF LOCATIO1,7
Upon the sale or transfer of any interest
in a Illassage Establishment, the license shall be null and void.
A new application shall be made by any person, partnership,
association or corporation desiring to own or o-oera-IG-e the
Massage Esta0lishRient. A fee of One hundred Dollars U"100.00)
shall be payable for each such application involving sale or
other transfer of any interest in an e--,-;isting licensedas-
sage Es--ab-lislu-ient and the provisions of -this Chapter shall
apply to such new application.
X-1
71transfer ny such sale or of a., -j,-,7 inter-
t-
-
ests in an existing ?'Iassaue EstablisIuctent or any application
for an extension or expansion of -the buildinc or other place
of business of the Massage Establishment, shall require in-
spection and shall require compliance wit-. Section 4.29.060
of this Chapter.
A change of location of any licensed
Massage Establisincinent shall be approved by the Chief of Police
and City Planning Director upon tile determination that the re-
quirements of Section 4.29.060 of this Chapter and all ordi-
nances and regulations of the City of Anaheim have been fully
complied with and upon the payment of a Fifty Dollar 050,90)
change of location fee.
Section x1.29.150 NAV.OF "'�IASSA(33E LSTT\.BjIjISH!zIEI("r_JI 0-11 ITIBST.GE
TECHNTCJ'EitT
2,io -person licensed to Co business and
no person licensed as a 11,17assacre Technician as herein pro-
vided shall operate under any name or conduct his business
under any designation not specified in his i3ermit.
Section 4.2.0.160 '131EATOCATION 7-211D SUSP';_?SIO ? OF
P=,�
1
per -i -At shall be revoked until after
a i'learing shall have been 'held before the City Council to
determine good cause for such revocation; provided, however,
the License Collector may order any permit suspended pending
such hearing and it shall be unlawful for any person to carry
on the business of a I.Tassage Technician or to operate as a
11assage Establishment depending upon the particular ty-�?e of
permit which has been suspended until the suspended permit
has been reinstated by the City Council. Ilotice of such hear-
ing shall be given in writing and served at least five (5)
-15-
days prior to the date
of f - e hearing thereon. The notice
shall state the ground' of the complaint against the holder o -'--
.L
such permit, or against the business carried on by thepe-r-mit-
tee at t1ae Massage Establishment, and shall state the time and
place where such hearing will be held.
Said notice shall be served upon the per-
mit holder by delivering the same to such person or by 'Leaving
such notice at the place of business of the perirnit. holder Cur-
ing usual business hours with the person who is a-opare_ntly in
charge thereof or the residence of the permit holder in trie
custody of a person of suitable age amC., discretion. in the
event the permit holder cannot be found and the service of
such notice cannot be r..,,ade in the manner herein provicd,eld, a
copy of such notice shall be mailed, postage fully prepait",'
addressed to the permit holder at his place of business or
residence at least five (5) days prior to the date of such
hearing.
T
Section 4.210.170 NOTIFICATIOT-1 OF CH' GE
Ain applicant for a license to operate or
conduct a 1,7ssage Es�C-abli
11a sIr.,ient or a holder of such a -license
shall report immediately to the License Collector any change
in address of the Persons, corporations, partnerships or asso-
ciations having a financial interest in the massage business,
or any transfer of interest in said establisl-mient by such per-
son, corporation, partnership or association.
CTHT jIL
Section 4.29.130 NIOTIFICATION Or SSAGL TE I JIj S
E',-IPLOY_-'-'D
The holes er of a perinAt to operate or con-
duct a Massage Establislhmr�icnt shall notify tine License Collector
in writing of the name and address of each 'person employedas a
Hassage Technician at such establishment within five (5) Clays
after such person is employed.
The requirez.,.ents of this section are in
addition to the provisions of Section 4.29.020 and., nothing
contained herein shall relieve the permittee of the responsi-
bility of ascertaining prior to employri-tent whether said person
has a current unrevoI:eCR, Z'-assage Technician Perri-dit,
Section 4.29.190 ..Ln1SSt'1GE r:,T__,,C7_jj7jI-j _'EL - PRE-7',.IISES
U=9
PEP_
No licensed establis-Tu-aent. for the -prac-
tice of massage shall be open for business without having at -
least one I-lassacre Technician hoidin,a current unrevo, ed per-
mit on the pre-riises at all times when said establishlitcnt_ is
open.
Section 4.29.200 Uj-*71, TCTIT. IT.
S
So,-
li7o Person otlier than that person --eceiv-
inC; a T.-..assage a -,-.d a �Iassacce '17eclinlcian %.7_1-10 poss-
esses a curren+-
unrevoked perriAt shall be wit-hin a room in a license,-!, 1.11assage
EstablisLli'Llent wherein a massage is being given.
Section 4.29.210 APPLICABILITY OF REGULATIONS TO EXISTING
BUSINESSES.
The provisions of this Chap -ter shall be
applicable to all -persons and businesses describe,' herein
whether the herein described activities were established be-
fore or after -the effective date of this ordinance, except
i
that -those in business at the tir;,,e this or(f,nance is ef:fec-
4
tive shall have ainety (90) days "r
L. om said e'"factive date to
co ply with the terms herein. - L_
Section A-29.220 VIOLATIO-N fi�TID P-1.,T2,'i_LTY
Violation of this Chapter is a -YA1's-
demeanor and is punishable bya -fine of not more than Five
Hundred Dollars (8500-00) or by Lin-prisonment for not ;gore
than six (6) months, or by both such ch fine and imnprisonm.ent.
Revocation of a license or certificate shall not be a de-
fense against prosecution.
Any �'__Tassacfe Establis' ent- operated,
.L - IMI
conducted, or maintained contrary to the provisions of -t2jis
Chapter shall be, and the same is hereby, declared to be un-
law.ful and a Public nuisance and the C i lty Attorney _r�Lay, in
addition to or in lieu of Prosecuting a criminal act -ion here-
under, commence an action or actions, proceeding or proceed-
ings, for the abatelment:, rei'noval and enjoinment -thereof, in
the manner Provided by law.
Section 4.29.230 SEVE'RLBILITY
If any section, subsection, sentence,
clause or phrase of -this Chapter is for any reason held to
be invalid or unconstitutional by decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the rerczining portions of the Chapter. The City
Council hereby declares that it: would have -passed this Chap-
ter and each section,'subsection, clause or phrase thereof
irrespective of the fact that any one or more other sections,
subsections, clauses or phrases may be declared invalik-_7 or
unconstitutional.
-17-
SECTION 3.
The City Clerk shall certify to -Lhe Passage this of f - is ordi-
nance and shall cause the same to be printed once within -fifteen
(15) days after its adoption in the Anaheiri,, Bulletin, a newspaper
of general circulation, printed, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in 'Lull force.
THE FOREGOING ORDI11,71ANCE is approved and signed by iote
this 2jdt day of June -r 1977.
ATTEST:
CITY'CLERKOF THE CITY OF AY1Ah'EI!-11
ROF: fm
-10-
177TOP, CrF 10HIE CITY OF 4AP=f.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Ordinance No. 3721 was introduced at a regular meeting of
the City Council of the City of Anaheim, held on the 14th day of June, 1977, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 21st day of June-,-1977,-by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Roth
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and
signed said Ordinance No. 3721 on the 21st day of June, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 21st day of June, 1977.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 3721 and was published once in
the Anaheim Bulletin on the 1st day of July, 1977.
CITY CLERK
^�. aoiloa
as1I;4nT r • sne