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Home My WebLink AboutOrdinance #2466 ORDINANCE NO. 2466 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTION 5 . 24 . 120 ; AMENDING SEC- TIONS 5 . 24. 010, 5 . 24 . 130 AND 5 . 24 . 170 PERTAIN- ING TO REQUIREMENTS FOR MASSAGE ESTABLISHMENTS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by repealing section 5. 24. 120 and amending sections 5. 24. 010, 5 . 24. 130 and 5 . 24 . 170 to read as follows : 5 . 24 . 010 Definitions . Unless the particular provision or 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, powd6r, cream, ointment or other similar preparations commonly used in tris 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 complies with the California Education Code and with the Cali- fornia Department of Education' s standards (5 California Adminis- trative Code section 18892) , and which requires a resident course of study of not less than 100 hours before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance 1. RCS : c 12/1� 80 shall not be deemed a recognized school . 5 . 24 . 130 Massage technician--Permit--Issuance. The chief of police shall have thirty ( 30) days to investigate the appli- cation 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 following requirements have been met : (a) The applicant has graduated from a recognized school of massage prior to issuance of the permit and furnished an acceptable diploma or certificate of graduation. (b ) The applicant has not had a massage establishment permit or massage technician' s permit or other similar license or permit denied or revoked for cause by this city within one (1) year prior to the date of application. 5 . 24 . 170 Massage establishment operation. Every massage establishment shall comply with the following operating require- ments : (a) Each or person employed actin as a massage technician pg 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 establishment , shall also be kept on the premises , available for examination upon demand by any police officer of the city . (d) Towels and linens shall not be used on more than one (1) patron unless they have first been laundered and disinfected. Dis- posable 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 2 . 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 physical facil- ities 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 simultaneously operate as a. school of massage or share facilities with a school of massage except in compliance with the provisions of Title 5 , California Administrative Code section 18829 and applicable requirements of the Department of Education. SECTION 2. 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 3• i Huntington Beach at a regular meeting thereof held on the 5th day of January 1981. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City' Attorney INITIATED AND APPROVED: REVIEWED AND APPROVED: i Acting City Admin strator Chier A Police 4 . Ord. No. 2466 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 15th day of December 19 80 , and was again read to said City Council at a regular meeting thereof held on the 5th day of January 19 81 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, Finley, Bailey, MacAllister, Kelly NOES: Councilmen: Mandic ABSENT: Councilmen: Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CITY CLERK of-the City of, Huntington Beach and ex-officio Clerk of the City Counc;., r a lift—by certify that a synopsis of t ordi mnt--e b he been published in the H his -ntington e;:e-. nt on In a a �/ � T :ty ht.eC 1..t.. l.!9....../ 1EA�i�w City Clerk . .............. �Puty City Clerk