HomeMy WebLinkAboutOrdinance #2395 ORDINANCE NO. 2395
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 5.24 THEREOF, AND ADDING
NEW CHAPTER 5 .24 ENTITLED, "MASSAGE ESTABLISH-
MENTS" PROVIDING FOR THE LICENSING AND REGU-
LATION OF SUCH BUSINESSES
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. Chapter 5 .24 of the Huntington Beach Municipal
Code is hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 5 .24 to read as follows:
5 .24 .010 Definitions . Unless the particular provision of
the context otherwise requires , the definitions and provisions
contained in this section shall govern the construction, meaning,
and application of words and phrases used in this chapter.
(a) "Massage" means any method of pressure on, or friction
against or stroking, kneading, rubbing, tapping, pounding, vi-
brating, or stimulating the external parts of the human body
with the hands or with 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 .
(b) "Massage establishment" means any establishment having
A fixed place of business where any individual, firm, association,
partnership, corporation, or combination of individuals, engages
in, conducts , carries on or permits to be engaged in, conducted
or carried on, massages , baths , or health treatments involving
massage or baths as the major function.
(c) "Recognized school of massage" means any school or
institution of learning which teaches the theory, ethics , prac-
tice, profession, or work of massage , which school or institu-
tion has been approved pursuant to the California Education Code
and which requires a resident course of study of not less than
200 hours to be given in not less than six calendar months before
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the student shall be furnished with a diploma or certificate of
graduation. Schools offering a correspondence course not re-
quiring actual attendance shall not be deemed a recognized school.
The city of Huntington Beach shall have the right to confirm
that the applicant has actually attended class in a recognized
school.
5 .24.020 Massage establishment--Permit required . It
shall be unlawful for any person, association, partnership or
corporation to engage in, conduct or carry on, in or upon any
premises within the city of Huntington Beach the business of
a massage establishment without a permit issued pursuant to the
provisions of this chapter for each and every such massage es-
tablishment .
5 .24.030 Massage establishment--Application for ermit--Fee.
a Any person, corporation or partnership desiring to ob-
tain a permit to operate a massage establishment shall make appli-
cation to the chief of police or his designated representative.
Prior to submitting such application, a nonrefundable fee of two
hundred dollars ($200 ) shall be paid to the city clerk to defray,
in part, the cost of investigation and report required by this
chapter. The city clerk shall issue a receipt showing that such
application fee has been paid. The receipt, or a copy thereof,
shall be supplied to the chief of police at the time such appli-
cation is submitted.
(b) The application for permit does not authorize conducting
a massage establishment until such permit has been granted.
5 .24.040 Massage establishment--Application--Contents . Each
applicant for a massage establishment permit shall furnish the
following information:
(a) The full , true name and any other names used by the
applicant.
(b) The present address and telephone number of the appli-
cant.
( c) The previous addresses of applicant, if any, for a
period of five (5) years immediately prior to the date of the
application and the dates of residence at each.
(d) Acceptable written proof that the applicant is at
least eighteen (18 ) years of age.
(e) The applicant 's height, weight, color of eyes and hair
and date and place of birth.
(f) Two photographs of the applicant at least 2" X 2" taken
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within the last six months .
(g) Business , occupation or employment history of the appli-
cant for the five (5) years immediately preceding the date of
application.
(h) The business license history of the applicant and
whether such applicant, in previous operations in this or any
other city, state, or territory under license, has had such
license or permit for a massage establishment or other similar
type of business revoked or suspended, the reason therefor, and
the business activity or occupation subsequent to such action of
suspension or revocation.
( i) All convictions , including ordinance violations , ex-
clusive of traffic violations , stating the dates and places of
any such convictions .
( j) 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 place and date
of incorporation, and the names and addresses of each of its
current officers and directors , and each stockholder holding more
than 5 percent of the stock in the corporation. If the appli-
cant is a partnership, the applicant shall set forth the name,
residence address and dates of birth of the partners , including
limited partners . If the applicant is a limited partnership,
it shall furnish a copy of its certificate of limited partnership
filed with the county clerk. 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 persons shall
complete and sign all application forms required of an individual
applicant under this chapter, but only one application fee shall
be charged.
(k) The name and address of the owner and lessor of the
real property upon which the business is to be conducted, and
a copy of the lease or rental agreement.
(1) Such other identification and information as the police
department may require in order to discover the truth of the
matters hereinbefore specified as required to be set forth in the
application.
(m) The chief of police shall require the applicant to fur-
nish fingerprints.
5 .24.050 Massage establishment--Applicant to appear. The
applicant, if an individual, or designated responsible managing of-
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ficer, if a partnership or corporation, shall personally appear at
the police department of the city of Huntington Beach and produce
proof that the two hundred dollar ($200) application fee has been
paid and shall present the application containing the aforementioned
and described information.
5 .24.060 Massage establishment--A lication--Invests ation.
The chief of police shall have sixty 0 days to investigate the
application and the background of the applicant. Upon completion
of the investigation, the chief of police shall grant the permit
if he finds:
(a) The required fee has been paid.
(b) Application conforms in all respects to the provisions
of this chapter.
(c) The applicant has not knowingly made a material mis-
representation in the application.
d The applicant has full cooperated in the investigation
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of his application.
( e) The applicant, if an individual, or any of the stock-
holders of the corporation, any officers or directors , if the
applicant is a corporation, or any of the partners , including
limited partners , if the applicant is a partnership, has not been
convicted in a court of competent jurisdiction of an offense in-
volving conduct which requires registration under California Penal
Code section 290 , or of conduct violating Penal Code sections 314,
315 , 316 , 318 , 647a, 647b and 647h, or convicted of an attempt to
commit any of the above-mentioned offenses , or convicted in any
state of any offense which if committed or attempted in this state ,
would have been punishable as one or more of the above-mentioned
offenses , or any crime involving dishonesty, fraud, deceit , or
moral turpitude.
( f) Applicant has not had a massage establishment permit or
massage technician permit or other similar license or permit denied
or revoked for cause by this city or any other city located in or
out of this state prior to the date of application.
(g) The massage establishment, as proposed by applicant,
would comply with all applicable laws , including but not limited
to, health, zoning, fire and safety requirements and standards .
(h) The applicant is at least eighteen years of age.
( i) The applicant possesses good moral character and is a
proper person to conduct such a business .
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5 .24.070 Massage establishment--Permit--Refusal--Appeal .
If the chief of police, following investigation of the applicant,
deems that the applicant does not fulfill the requirements as set
forth in this chapter, he shall notify the city administrator of
such opinion and, within sixty (60) days of the date of applica-
tion, provide copies of the investigation report to the city ad-
ministrator. The city administrator shall within ten (10) days ,
grant the permit or deny the application and notify applicant by
certified mail of such denial. Any applicant for a permit who
is denied a permit by the city administrator may appeal such
denial to the city council pursuant to the provisions of this
chapter.
5.24.080 Massage establishment--Permit restriction . The
possession of a valid massage establishment permit does not au-
thorize the permittee to perform work for which a massage tech-
nician permit is required.
5 .24.090 Massage technician--Permit required. It shall
be unlawful for any person to act as a massage technician unless
such person holds a valid permit issued by the city of Huntington
Beach pursuant to the provisions of this chapter. In the event
the applicant seeks employment at a massage establishment other
than that indicated on the original application, an additional
application and fee of twenty-five dollars ($25) must be sub-
mitted.
5 .24.100 Massage technician permit--Application. Any person
desiring to obtain a permit to act as a massage technician shall
make application to the chief of police or his designated repre-
sentative. Prior to submitting application, a nonrefundable fee
of fifty dollars ( $50 ) shall be paid to the city clerk to de-
fray, in part , the cost of investigation and report required by
this chapter. The city clerk shall issue a receipt showing that
such application fee has been paid. The receipt, or a copy
thereof, shall be supplied to the chief of police at the time
such application is submitted.
An application for a permit does not authorize acting as a
massage technician until a permit has been granted.
5 .24.110 Massage technician application--Contents . In ad-
dition to all the information required by section 5 .2 .040 of
this chapter, each application for massage technician permit
shall contain the following:
(a) A diploma or certificate of graduation from a recog-
nized school.
(b) The massage establishment' s full name, address and
phone number at which the applicant will be employed.
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( c) Such other identification and information as the police
department may require in order to discover the truth of the
matters hereinbefore specified as required to be set forth in
the application.
(d) The chief of police shall require the applicant to fur-
nish fingerprints.
5 .24.120 Massage technician--Temporary permit. The chief of
police may issue a temporary permit within fourteen (14) calendar
days following receipt of a written application for a massage tech-
nician permit , if, after an initial investigation, it appears that
the applicant has not been previously arrested for a crime in-
volving moral turpitude or any offense specified in section
5 .24.060(e) . Said temporary permit shall be valid until revoked
by the city administrator, upon recommendation of the chief of
police, when it appears to him that a permit should be denied pur-
suant to the requirements set out for applicants for massage
technician permits , as set out in this chapter, or until it auto-
matically expires sixty (60) days after issuance, whichever first
occurs .
5 .24.130 Massage technician--Permit--Issuance . The chief
of police shall have sixty ( 0) days to investigate the applica-
tion and the background of the applicant. Upon completion of the
investigation, the chief of police shall grant the permit if, in
addition to the findings set out in section 5 .24 .060, the follow-
ing requirements have been met:
(a) The applicant has furnished an acceptable diploma or
certificate of graduation from a recognized school.
(b) The applicant has not had a massage establishment per-
mit or massage technician' s permit or other similar license or
permit denied or revoked for cause by this city or any other
city located in or out of this state prior to the date of appli-
cation.
5 .24.140 Massage technician--Permit--Denial--Appeal. If
the chief of police, after investigating the applicant, finds that
the applicant does not meet the requirements contained in this
chapter, he shall notify the city administrator of such finding
and, within sixty (60 ) days of the date of application, provide
copies of the investigation report to the city administrator. The
city administrator shall, within ten ( 10) days , grant the permit
or deny the application and notify applicant by certified mail
of such denial. Any applicant for a permit who is denied a per-
mit by the city administrator may appeal such denial to the city
council pursuant to the provisions of this chapter.
5 .24.150 Exemptions . The provisions of this chapter shall
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not apply to the following classes of individuals while engaged
in performing the duties of their respective professions:
(a) Physicians , surgeons, chiropractors, osteopaths, and
physical therapists duly licensed to practice in the state of
California.
(b) Hospitals, nursing homes , sanatoriums , or other
health care facilities duly licensed by the state of California.
( c) Nurses duly registered by the state of California.
(d) Barbershops and beauty parlors , barbers and beauticians
when engaged in the practice for which they are licensed by the
State of California.
( e) Accredited high schools and colleges , and coaches and
trainers employed therein while acting within the scope of
their employment.
(f) Trainers of any amateur, semi-professional or pro-
fessional athlete or athletic team.
5 .24.160 Massage establishment--Facilities . Every massage
establishment shall maintain facilities meeting the following re-
quirements:
(a) Sign - subject to applicable provisions of the city 's
codes, a recognizable and legible sign shall be posted at the
main entrance identifying the business as a massage establishment.
(b) Lighting - minimum lighting shall be provided in ac-
cordance with Article 220 of the National Electrical Code, and, in
addition, at least one artificial light of not less than forty
( 40 ) watts shall be provided in each room or enclosure where
massage services are performed on patrons .
( c) Ventilation - minimum ventilation shall be provided in
accordance with Section 1105 of the Uniform Building Code, Volume I .
(d) Equipment - adequate equipment for disinfecting and
sterilizing instruments used in performing the acts of massage
shall be provided.
( e) Water - hot and cold running water shall be provided at
all times .
(f) Linen storage - closed cabinets shall be provided for
storage of clean linens , and approved receptacles shall be pro-
vided for the deposit of soiled linen.
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(g) Separation of sexes - if male and female patrons are to
be served simultaneously at the massage establishment , a separate
massage room or rooms , separate dressing facilities shall be pro-
vided for male and female patrons , and each separate facility or
room shall be clearly marked as such.
(h) Bathing, dressing, locker, toilet facilities - ade-
quate bathing, dressing, locker, and toilet facilities shall
be provided for patrons . A minimum of one tub or shower , one
dressing room containing a separate locker for each patron to
be served, which locker shall be capable of being locked, and
a minimum of one toilet and one wash basin shall be provided for
every massage establishment.
(i) Pads used on massage tables shall be covered in a pro-
fessional manner with durable, washable plastic or other water-
proof material acceptable to Orange County health department.
( j) Compliance with code - proof of compliance with all
applicable provisions of the Huntington Beach Municipal Code
shall be provided prior to the issuance of any permit .
5 .24 .170 Massage establishment operation. Every massage
establishment shall comply with the following operating require-
ments:
(a) Each person employed or acting as a massage technician
shall have a valid permit issued by the city of Huntington Beach,
and it shall be unlawful for the owner, operator, responsible
managing employee, manager or permittee in charge of or in con-
trol of the establishment to employ or permit a person to act as
a massage technician, as defined in this chapter, who does not
possess a valid massage technician' s permit .
(b) Bath and massage operations shall be carried on and
the premises shall be open only between the hours of 7 a .m. and
12 midnight .
( c) A list of services available and the cost of such
services shall be posted in an open, public place on the premises ,
and shall be described in readily understood language. No owner,
operator, responsible managing employee, manager, or permittee
shall permit, and no massage technician shall offer to perform
any services other than those posted.
( d) The massage establishment permit shall be displayed in
an open and conspicuous place on the premises . A copy of the
permit of each and every massage technician, employed in the es-
tablishment, shall also be kept on the premises , available for
examination upon demand by any police officer of the city.
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( e) Towels and linens shall not be used on more than one
( 1) patron unless they have first been laundered and disinfected.
Disposable towels and coverings shall not be used on more than
one (1) patron.
(f) Wet and dry heat rooms, steam or vapor rooms or cabinets ,
shower rooms and compartments , toilet rooms and pools shall be
thoroughly cleaned and disinfected as needed, and at least once
each day the premises are open, with a disinfectant approved by
the health department. Bathtubs shall be thoroughly cleaned
after each use. All walls , ceilings , floors, and other physi-
cal facilities for the establishment must be in good repair and
maintained in a clean and sanitary condition.
(g) Instruments utilized in performing massage shall not be
used on more than one ( 1) patron unless they have been sterilized
using approved sterilizing methods.
(h) Where a covering is furnished by the massage establish-
ment, it shall not be used by more than one (1) patron until it
has first been laundered and disinfected.
( i) No person shall enter, be , or remain in any part of a
massage establishment while in the possession of, consuming, or
using any alcoholic beverage or drug except a prescription drug.
The owner, operator, responsible managing employee, manager or
permittee shall not permit any such person to enter or remain upon
such premises .
( j) Every massage establishment shall be open at all times
during business hours for inspection by any officer of the city
of Huntington Beach.
(k) All exterior doors shall remain unlocked from the in-
side during business hours .
( 1) No massage establishment shall operate as a school of
massage, or operate in the same location, or use the same fa-
cility as that of a school of massage.
5 .24.180 Existing massage technician permits--Validity.
Each person having an existing masseuse technician permit with
the city of Huntington Beach at the time this chapter becomes
effective, shall, in addition to all other provisions of this
chapter, obtain a diploma or certificate of graduation from a
recognized school of massage within a period of two (2) years
from the effective date hereof. All such diplomas or certifi-
cates of graduation shall be submitted to the chief of police
or his designated representative for approval. All existing
massage technician permits shall become null and void unless
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the permittees have produced and had approved by the chief of
police diplomas or certificates of graduation within the two
( 2) year period established by this section.
5.24.190 Permit renewal. Permits for massage establish-
ments and massage technicians may be renewed on a year-to-year
basis provided that the permittees continue to meet the require-
ments set out in this chapter. The renewal fee for massage es-
tablishments shall be one hundred dollars ( $100) and the renewal
fee for massage technicians shall be twenty-five dollars ( $25 ) .
5 .24.200 Permits nontransferable. No massage establish-
ment 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 part-
nership 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 effect-
ing a surrender or termination of such permit , and in such case,
the permit, upon notification to the chief of police, shall be
placed in the name of the surviving partners. A massage estab-
lishment permit issued to a corporation shall be deemed terminated
and void when either any outstanding stock of the corporation is
sold, transferred or assigned after the issuance of a permit , or
any stock authorized but not issued at the time of the granting
of a permit is thereafter issued and sold, transferred or assigned.
No permit issued to a massage technician is transferable.
5 .24.210 Number of establishments limited. No more than
ten (10) valid permits for massage establishments shall be author-
ized by the city council to operate in the city of Huntington Beach.
5.24.220 Massage establishment--Change of location or name.
(a) No massage establishment shall move from the location
specified on its permit until a change of location fee in the sum
of twenty-five dollars ($25) has been deposited with the city, and
approval has been obtained from the chief of police and the
planning department. Such approval shall not be given unless all
requirements and regulations , as contained in the city' s codes,
have been met.
(b) No permittee shall operate, conduct, manage, engage in,
or carry on the business of massage establishment under any name
other than his name and the name of the massage establishment as
specified on his permit .
( c) Any application for an extension or expansion of a
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building or other place of business where a massage establishment
is located shall require inspection and shall comply with the
provisions and regulations of this chapter.
5 .24 .230 Prohibited conduct . (a) A massage technician
shall not massage the genitals or anus of any patron, or the
breasts of any female patron, and such practices shall not be
allowed or permitted by the operator of a massage establishment .
(b) A massage technician shall not violate the provisions
of sections 647a and b of the California Penal Code , or any other
state law involving a crime of moral turpitude , and such practices
shall not be allowed or permitted by the operator of a massage
establishment.
(c) Massage technicians shall be clothed at all times
and shall not expose their genitals, pubic area, buttocks , or
in the case of female technicians , their breasts , and such prac-
tices shall not be allowed or permitted by the operator of a
massage establishment.
(d) A massage technician shall not give massages at any lo-
cation other than on the premises of a massage establishment with
a valid permit, or at any massage establishment other than the
one specified on the technician' s permit, and such practices shall
not be allowed or permitted by the operator of any massage es-
tablishment.
( e) A massage technician shall not massage a patron of one
sex within the view of a patron of the opposite sex, and such
practices shall not be allowed or permitted by the operator of a
massage establishment .
(f) A massage technician shall not give a massage unless
the breasts of female patrons are covered and the genitals of all
patrons are covered, and such practices shall not be allowed or
permitted by the operator of any massage establishment.
5 .24.240 Violation--Penalt . Any person violating the pro-
visions of sections 5 .2 .020 , 5 .24.090 , 5 .24.160 , 5 .24.170 , and
5 .24.220 shall be guilty of a misdemeanor, punishable by a fine
of five hundred dollars ($500) or by imprisonment in the county
jail for a period not to exceed six (6 ) months , or by both such
fine and imprisonment.
5 .24.250 Permit suspension and revocation. The city
administrator may, based on evidence that any of the provisions
of this chapter have been violated, suspend or revoke a permit;
provided that written notice by certified mail of such suspen-
sion or revocation is furnished the permittee. The permittee,
within ten (10) days after receipt of notice of suspension or
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revocation, may file an appeal with the city clerk to be taken to
the city council. In the event an appeal is timely filed, the
suspension or revocation shall not take effect until final de-
cision has been rendered by the council. If the permittee fails
to take an appeal within the ten-day filing period provided herein,
suspension or revocation shall take effect immediately upon ex-
piration of such filing period.
5 .24.260 Permit re-revocation heaein (a) Upon receipt
of evidence of a violation of section 5 .2 .230 , the city administra-
tor, or his designate , shall conduct a hearing within ten (10 ) days .
Such hearing shall be governed by the rules and procedures contained
in sections 5 .24 .300 and 5 .24.310 of this chapter. Permittee shall
be notified by certified mail of the time and place of the hearing.
(b) If the city administrator, or his designate, renders
a decision at the conclusion of the hearing, such decision shall
immediately become effective and remain so until an appeal is
taken to the city council and the council renders its decision
in the matter. If the city administrator, or his designate, does
not render a decision at the conclusion of the hearing, such de-
cision shall be Y
given permittee b certified mail not later than
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two (2 ) working days following the conclusion of the hearing. The
decision of the city administrator shall then become effective two
(2) working days from the date of the mailing of the certified
notice .
( c) The decision of the city administrator, or his desig-
nate, may be appealed to the city council pursuant to the proce-
dure contained in this chapter, and the permittee shall have the
burden of proving that the decision, rendered by the city
administrator, or his designate , was unreasonable, erroneous or a
clear abuse of discretion.
5 .24.270 Appeal procedure . The permittee shall , within
ten (10) days after he has been notified of an adverse determina-
tion, submit a notice of appeal to the city clerk.
The notice of appeal shall be addressed to the council and
shall specify the subject matter of the appeal , the date of any
original and amended applications or requests , the date of the
adverse decision (or receipt of notice thereof) , the basis of the
appeal, the action requested of the council, and the name and
address of the applicant.
The clerk shall place the appeal on the agenda of the next
regular council meeting occurring not less than five (5) nor
more than thirty ( 30) days after receipt of the application for
council action.
5 .24.280 Appeal--Council determines procedure . When an
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appeal is placed on the council agenda, the council may take
either of the following actions:
(a) Set a hearing date and instruct the city clerk to give
such notice of hearing as may be required by law.
(b) Appoint a hearing officer and fix the time and place
for hearing. The hearing officer may not be a city employee,
and may be appointed for an extended period of time. The clerk
shall assume responsibility for such publication of notice of
the hearing as may be required by law. If a hearing officer is
appointed, the hearing shall be conducted in accordance with
the procedures set out in this chapter.
5 .24 .290 City council hearing. Whenever the city clerk has
scheduled an appeal before the city council, at the time and date
set therefor, the council shall receive all relevant testimony
and evidence from the permittee , from interested parties and from
city staff. The city council may sustain, overrule or modify the
action of the city administrator. The action of the city council
shall be final.
5 .24.300 Powers of hearing officer. The hearing officer,
appointed pursuant to the procedure set out in this chapter,
may receive and rule on admissibility of evidence, hear testi-
mony under oath and call witnesses as he may deem advisable with
respect to the conduct of the hearing.
5 .24 .310 Rules of evidence inapplicable. The city council
and the hearing officer shall not be bound by the traditional
rules of evidence in hearings conducted under this chapter.
5 .24.320 Hearing officer--Report . The hearing officer
shall, within a reasonable time not to exceed thirty (30) days
from the date such hearing is terminated, submit a written re-
port to the council. Such report shall contain a brief summary
of the evidence considered and state findings , conclusions and
recommendation. All such reports shall be filed with the city
clerk, and shall be considered public records . A copy of such
report shall be forwarded by certified mail to the permittee/
appellant the same day it is filed with the city clerk, with
additional copies furnished the city administrator and chief of
police.
The city clerk shall place the hearing officer's report on
the agenda of the next regular council meeting occurring not
less than ten (10) days after the report is filed and shall
notify the permittee/appellant of the date of such meeting at
least ten ( 10) days prior to the meeting unless the permittee/
appellant stipulates to a shorter notice period.
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5 .24.330 Hearing officer report--Action by council . The
council may adopt or reject the hearing officer' s decision in
its entirety or may modify the proposed recommendation. If the
council does not adopt the hearing officer' s recommendation, it
may:
(a) Refer the matter to the same or another hearing
officer for a completely new hearing, or for the taking of ad-
ditional evidence on specific points , in either of such cases
the hearing officer shall proceed as provided in this chapter.
(b) Decide the case upon a review of the entire record
before the hearing officer with or without taking additional
evidence .
5 .24.340 Unlawful operation declared nuisance . Any mas-
sage establishment operated, conducted or maintained contrary
to the provisions of this chapter shall be and the same is here-
by declared to be unlawful and a public nuisance . The city
attorney may, in addition to, or in lieu of prosecuting a
criminal action hereunder, commence an action or actions , pro-
ceeding or proceedings for abatement, removal or enjoinment
thereof, in the manner provided by law. He shall take such other
steps and shall apply to such court or courts as may have juris-
diction to grant such relief as will abate or remove such massage
establishment and restrain and enjoin any person from operating,
conducting or maintaining a massage establishment contrary to the
provisions of this chapter.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance . The City Council
of the City of Huntington Beach hereby declares that it would
have adopted this ordinance and each section, subsection, sentence,
clause, phrase or portions thereof, and amendments thereto, ir-
respective of the fact that any one or more section, subsection,
sentence, clause, phrase or portion, or amendment be declared
invalid or unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecu-
tion for violation of ordinances which violations were committed
prior to the effective date hereof, nor be construed as affecting
i
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any of the provisions of such ordinance relating to the collec-
tion of any such license or penalty of the penal provisions ap-
plicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be
posted, filed or deposited pursuant to any ordinance and all
rights and obligations thereunder appertaining shall continue
in full force and effect.
SECTION 5. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach Independent, a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 15th
day ofOctober , 1979•
May r
ATTEST: APPROVED AS TO FORM:
y rk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
CitylAdministrator- Chief f Police
II �5 •
I
Ord. No. 2395
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 1st day of October
1979 and was again read to said City Council at a regular
meeting thereof held on the 15th day of October 19 79 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Mandic, -RacAllister, Bailey, Yoder
NOES: Councilmen:
Thomas
ABSENT: Councilmen:
Finley
0 zvs-�'
City Clerk and ex-officio Clerk
of the City Council of the City
of-Huntington Beach, California
1, Alicia M. %'1Ie;tworlh CITY CLERK of the City of
#font r ':on Reach and ex-offic'c Cicrk of the City
Courci', do I jc.e`',y cer+%, tnat a sy rcpsis of this
crY:nan , has Leen puL,'ished in the Huntington
Beach in e:.e rt on
— In the City Ct rter of said City.
City Clerk
.....................................................
Deputy City Clerk