HomeMy WebLinkAboutOrdinance #2726 ORDINANCE NO. 2726
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING SECTIONS 5. 24. 060 , 5 . 24. 070,
5. 24. 140, 5 . 24. 230 THROUGH 5 . 24. . 330 ; AND
ADDING THERETO NEW SECTIONS 5 . 24. 060 , 5 . 24. 070 ,
5. 24. 140, 5. 24. 230 THROUGH 5. 24. 270 RELATING TO
APPEAL PROCEDURES FOR MASSAGE PERMITS
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . Sections 5. 24. 060, 5. 24. 070, 5. 24.140, 5 . 24. 230
through 5 . 24. 330 of the Huntington Beach Municipal Code are
hereby repealed.
SECTION 2 . The Huntington Beach Municipal Code is hereby
amended by adding thereto sections 5. 24. 060 , 5 . 24.070 , 5 . 24.140 ,
5 . 24. 230 through 5 . 24. 270 to read as follows :
5 . 24. 060 Massage establishment--Application--Investigation.
The chief of police shall have sixty 0days 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 misrep-
resentation in the application.
(d) The applicant has fully cooperated in the investigation
of his application.
(e) The applicant , if an individual , or any of the stock-
holders of the corporation, any officers or directors , if the ap-
plicant is a corporation, or any of the partners , including lim-
ited 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
1 .
sections 314, 315 , 316 , 318, 647(a) , 647(b) and 647(h) , or con-
victed of an attempt to commit any of the above-mentioned of-
fenses or convicted in any state of any offense which if com-
mitted or attempted in this state , would have been punishable as
one or more of the above-mentioned offenses , or any crime in-
volving dishonesty, fraud , deceit , or moral turpitude.
I (f) Applicant has completed all portions of the applicant.
(g) The massage establishment , as proposed by applicant,
would comply with all applicable laws , including but not limited
to zoning , fire and safety requirements and standards.
(h) The applicant is at least eighteen (18) years of age.
(i ) The applicant possesses good moral character and is a
fit person to be trusted with the privilege granted by such
permit.
(j ) The applicant has not engaged in conduct which would
constitute grounds for suspension or revocation under this
chapter.
1 . 14, 070 Massage establishment--Permit--Refusal--Appeal . If
the chief of police , following investigation of the applicant ,
finds that the applicant does not fulfill the requirements set
forth in this chapter , he shall deny the application and notify
the applicant by certified mail of such denial . Any applicant
who is denied a permit by the chief of police may appeal such
denial to the city administrator , pursuant to the provisions of
this chapter.
5. 24. 140 Massage technician--Permit--Denial--Appeal . If the
chief of po ice , following investigation of the app icant , finds
that the applicant does not fulfill the requirements set forth in
this chapter , he shall deny the application and notify the ap-
plicant by certified mail of such denial . Any applicant denied a
permit by the chief of police may appeal such denial to the city
administrator pursuant to the provisions 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 massage establishment permittee.
(b) A massage permittee technician shall not violate the
provisions of sections 647(a) and (b) of the California Penal
Code , or any other state law involving a crime of moral
2.
turpitude, and such practices shall not be allowed or permitted
by the massage establishment permittee.
(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 practices
shall not be allowed or permitted by the massage establishment
permittee.
(d) 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 massage estab-
lishment permittee.
(e) A massage technician shall not give a massage unless the
breasts of female patrons are covered and the genitals of all pa-
trons are covered , and such practices shall not be allowed or
permitted by the massage establishment permittee.
(f) 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(s) .
Proof of knowledge of any violation of this section shall not
be required to be shown where a massage establishment permit is
suspended or revoked.
5. 24. 240 Violation--Penalty. Any person violating the
provisions of sections 5. 24. 020 , 5 . 24. 090 , 5. 24. 160 , 5 . 24. 170 ,
5 . 24. 220 and 5. 24. 230(f) shall be guilty of a misdemeanor ,
punishable by a fine of five hundred dollars ($500) or by im-
prisonment 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 chief of
police , or his designee , may, based on evidence that any provi -
sion of this chapter has been violated, suspend or revoke a per-
mit . The permittee shall be provided with written notice by
first class mail , postage prepaid, of such suspension or rev-
ocation. The permittee may file an appeal with the city clerk
within fifteen (15) days of the date of mailing of the notice of
denial , suspension or revocation. In the event an appeal is
timely filed , the suspension or revocation shall not take effect
until final decision has been rendered by the city administrator,
or his designee , unless permittee has requested a continuance , as
provided elsewhere in this chapter. If no appeal is filed , the
suspension or revocation shall become effective upon expiration
3.
of the period for filing appeals .
5. 24. 260 Appeal procedure. (a) The city administrator, or
his designee , shall sc e u e a hearing to be held within fifteen
(15 ) days after the filing of the notice of appeal .
(b) Notice of the date , time and place of the hearing shall
be mailed , postage prepaid , at least ten (10) days prior thereto
to the permittee at the address given in the notice of appeal , or
if none is provided , to the address set forth in the permit
application.
(c) The city administrator , or his designee , in his sole
discretion, may grant or deny continuances ; may dissolve stays of
pending orders of denial , suspension or revocation; and may ap-
point outside hearing officers .
(d) The city aministrator , or his designee, shall determine ,
after consideration of all evidence presented , whether a permit
should be issued , reinstated , suspended or revoked. The decision
of the city administrator , or his designee , shall be final .
(e) The city administrator shall establish written adminis-
trative regulations implementing the provisions of this section.
5. 24. 270 Appeal--Hearing. The following rules of evidence
shall apply:
(a) Oral evidence shall be taken only under oath or affir-
mation. The hearing officer shall have authority to administer
oaths , and to receive and rule on admissibility of evidence.
(b) Each party shall have the right to call and examine wit-
nesses , to introduce exhibits , and to cross-examine opposing wit-
nesses who have testified under direct examination. The hearing
officer may call and examine any witness.
(c) Technical rules relating to evidence and witnesses shall
not apply to hearings provided for herein. Any relevant evidence
may be admitted if it is material and is evidence customarily re-
lied upon by responsible persons in the conduct of their affairs
regardless of the existence of any common law or statutory rule
which might make admission of such evidence improper over objec-
tion in civil actions . Hearsay testimony may be used for the
purpose of supplementing or explaining any evidence given in di-
rect examination, but shall not be sufficient in itself to sup-
port a finding unless such testimony would be admissible over
objection in civil actions . The rules of privilege shall be
4.
applicable to the extent that they now, or are hereafter per-
mitted in civil actions ; and irrelevant , collateral , undue , and
repetitious testimony shall be excluded.
SECTION 3. The provisions of this ordinance insofar as they
are substantially the same as existing provisions of the
Huntington Beach Municipal Code relating to the same subject mat-
ter shall be construed as restatements and continuations and not
as new enactments.
SECTION 4. This ordinance shall take effect thirty days
after its
passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 17th
day of September , 1984.
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ATTEST: APPROVED AS TO FORM:
I/`; o,��j<•�%/'..-�L: Inc��.I�'�,�,
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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City A ministrat Chi o Police
S .
Ord. No. 2726
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 4th day of September
19 84 , and was again read to said City Council at a regular
meeting thereof held on the 17th day of September 19 84 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t. ANda M. Wentworth CITY CLERK of ft city of
Huntington Beach and ex-otfioa cirk'of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Ftutton
Beach independent on
... . ........
In accordance with the City Charter of said City.
ALICIA M. WENT W(MTH
..........City Clerk
oepuw city Clerk