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HomeMy WebLinkAboutOrdinance #1213 ORDINANCE No. 1213 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 27 TO THE HUNTINGTON BEACH ORDINANCE CODE AND ADDING SECTIONS THERETO, RELATING TO REGULATING THE OPERA- TION OF BATH HOUSES AND MASSAGE PARLORS IN THE CITY. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Chapter 27 is hereby added to the Huntington Beach Ordinance Code to read in words and figures , as follows : CHAPTER 27 BATH HOUSES AND MASSAGE PARLORS Section 2. That Article 271 is hereby added to Chapter 27 of the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 271 GENERAL Section 3. That the following new sections are here- by added to Article* 271 of the Huntington Beach Ordinance Code, to read in words and figures, as follows : Section 2211. BATHS AND MASSAGES. Permit Required. No person shall engage in, conduct, manage or carry on the business of giving steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sun -bath's, or giving salt, glows, or conduct, manage or carry on any Ord. No. 1215 place where such baths are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations with- out a written permit from the Chief of Police. No person shall operate a massage parlor or give fomentations, massage electric or magnetic treatment or alcohol rubs , or conduct, manage or carry on any place where fomentations, massage, electric or magnetic4breatments or alcohol rubs are given without the written permit from the Chief of Police. No persons shall act as a mass,quer or masseuse without a written permit from the Chief of Police. Section 2Z12:,-D!EFINITION OF MASSAGE. For the purpose of this ordinance Ihe "terr,,i ' ilm' 6ss6g-e" - is ' cbnstr-ued to mean any manual manipulation of, or the application of a mechani- cal device to the human trunk or limbs of another, except by a person holding an unrevoked certificate to practice the healing art under the laws of the State of California. Section 2713. EXEMPTION. The provisions of this Chapter shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and Professions Code of California or of any other law of this State. Section 4. That Article 272 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : 2. Ord. No. 1213 ARTICLE 272 PEK IT Section 5. That the following sections are hereby added to Article 272 of the Huntington Beach Ordinance Code to read in words and figures as follows : Section 2721. APPLICATION FOR. PEt IIT Each person, before obtaining a permit to carry on the business of, or work as a masseur or masseuse at baths and massages as listed above, shall make a written application to and upon blanks furnished by the Chief of Police, which shall be signed by such applicant. In. addition to any other infor- mation which may reasonably be required by the Chief of Police, said application shall show the true name of the applicant, his fictitious name or names, if any, his age, his present ad- dress in the City, or elsewhere, his proposed business address in the City, the name under which said applicant conducted any similar business , if any, and the place of his residence at such time, together with such application. The applicant shall furnish a recent photograph of himself and his fingerprints to the Chief of Police. Section" 2721.1. The Chief of Police shall issue such permit to such applicant if it shall reasonably appear to him, after investigation, that the applicant possesses good moral character and is a proper person to conduct or work at such business. The Chief of Police shall issue such permit to the applicant or deny such application within sixty (60) days from the date thereof. 3. Ord. No. 1213 Sectioa_2221. 2. Any applicant for a permit as de- fined in Section 2721 who is refused a permit by the Chief of Police may within ten (10) days of notice of refusal, appeal the refusal to the City C6uncil. Section 2721. 3. Investigation fees may be levied against said applicants and employees and subsequent employ- ees thereof, when so designated by City Administrator. Said fees shall be reasonable and based on standard set by the City Administrator, and shall be payable to the City Clerk prior to the police investigation. Fees are not refundable. Section 2722. REVOCATION OF PERMIT. The City Council may revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the said permittee or licensee has been convicted of, or has entered a plea of guilty to any violation of the provis- ions of this section or any other law or ordinance of the City or State relating to such business, or upon the recommendation of the Chief of Police. The Chief of Police may recommend revocation of any permit issued or granted under Section 2721 if , after investigation the permittee is determined to be a person who is not of good moral character or who is determin- ed not to be a proper person to conduct or work at said busi- ness , or upon receipt of evidence that the permittee are operators engaging in immoral, improper or otherwise 4. Ord. 1213 objectionable conduct or behavior. Whenever permit or li- cense shall have been revoked under the terms of this sect- ion, no other application for a permit to carry on a similar business by such persons shall be considered for a period of one (1) year from the date of such revocation. Section 2723. REVOCATION OF PERMIT, HEARING. No permit shall be revoked until a hearing thereon shall have been had by the City Council, notice of which hearing shall have been given in writing and served at least ten (10) days prior to the date of such hearing upon the holder of such permit, his manager or agent, which notice shall state the grounds of the complaint against the holder of such per- mit, and. the time and place where such hearing will be held. Such notice shall be served on the holder of such permit by delivering the same to such holder, his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be addressed, to the holder of such permit at such place of business and deposited in the United States mail at Huntington Beach, California, with postage thereon fully prepaid, at least ten (10) days prior' to date of such hearing. The time of such notice may be shortened by the City Council with the written consent of the holder of the permit. 4a Ord. No . 1213 Section 6. That Article 273 is hereby added to the Huntington Beach Ordinance Code to read in words and fig- ures as follows : ARTICLE 273 RULES AND REGULATIONS Section 7 . That the following new sections are hereby added to Article 273 of the Huntington Beach Ordinance Code, to read in words and figures, as follows : Section 2731. OPEN FOR INSPECTION. Every person en- gaged in the business of baths or massages as listed above shall be open at all times during business hours to the inspection of the Chief of Police or any other officer of the City. Section 2732. OPERATOR OF BATH HOUSE OR MASSAGE PARLOR NOT TO EMPLOY UNLICENSED MASSEURS OR MASSEUSES. No permittee or operator of a bath house or massage parlor shall employ, or utilize the services in any way of a masseur or masseuse who does not possess a valid and sub- sisting permit to work for said permittee . 5 Ord. No. 1213 Section 2733 . DISPLAY OF PERMIT - MASSEUR OR MASSEUSE. The permit issued by the Chief of Police to a masseur or masseuse shall be retained on the person of such masseur or masseuse while actually engaged in such activity and shall be displayed to any peace officer upon demand. Section 2734. MASSEUR - MASSEUSE RESTRICTIONS . No person, acting as a masseur or masseuse, shall act in such capacity or provide such service or services on or to per- sons of the opposite sex. Section 2735. RETURN OF PERMIT. The permit issued by the Chief of Police to a person to act as masseur or masseuse for a licensed bath house or massage parlor shall be re- turned, by such masseur or masseuse, to the Chief of Police within five (5) days after such masseur or masseuse no longer is so employed. Section 2736. RULES AND REGULATIONS - BATH HOUSES AND MASSAGE PARLORS . Subject to the approval of the City Administrator, the Chief of Police may make such rules and regulations, not inconsistent with the requirements hereof, governing bath houses or massage parlors and masseurs and masseuses . 6 Ord. No. 1213 Section 8. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California and thirty (30) days after the adoption thereof, the same shall take ' eftect and be in force. PASSED AND ADOPTED by the City Council ofthe City of Bea a 1 6th June Huntington Be cht - California , this day of 1966. May -T ATTEST: City g�� FIc— APPELOVED AS TO FORM : K. DALE BUSH City Attorney Ord. No. 1213 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I , PAUL C . JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of .the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of May , 1966 , and was again read to said City Council at a regular meeting thereof held on the 6th day of Tune 1966 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council . AYES : Councilmen: Coen, Bartlett, Gisler, Kaufman, Shipley, Green, Stewart NOES : Councilmen None ABSENT: Councilmen: None I, PAUL C. JQNES, ,CITY CLERK of the City of Huntington .Beach City Clerk and ex-officio Clerk Gn•y c;f-officio Clergy' of the City of the City Council of the City Council, do hereby certify that of Huntington Beach, California this ordinance has been. published in the Hunt pl;ton Beach News.on - - - �ordan,--:e wit;; she City CharterIn c of. said CIcy. - tl- -?----- Cit Cl rk Deputy City Clerk