HomeMy WebLinkAboutOrdinance #2777 ORDINANCE NO. 2777
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
AMENDING SECTIONS 5. 24.0601 5. 24.110. 5. 24.130
AND 5.24.250, ALL RELATING TO MASSAGE PARLOR
PERMITS
The City Council of the City Council of the City of
Huntington Beach does ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by amending sections 5. 24.0600 5. 24.1100, 5. 24.130 and
5. 24.250 to read as follows:
5.24.060 Massage establishment--Application--Investiga-
tion. The chief of police shall have sixty 60 days to inves-
tigate 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 fully cooperated in the investiga-
tion 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 of-
fense involving conduct which requires registration under
California Penal Code section 290, or of conduct violating
Penal Code sections 314, 315, 316, 318, 647 (a) , 647(b) and
647 (h) , or convicted of an attempt to commit any of the
above-mentioned offenses or convicted in any state of any of-
fense which if committed or attempted in this state, would have
been punishable as one or more of the above-mentioned
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offenses, or any crime involving dishonesty, fraud, deceit, or
moral turpitude.
( f) Applicant has completed all portions of the applica-
tion.
(g) The massage establishment, as proposed by applicant,
would comply with all applicable laws, including but not lim-
ited 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.
If relevant Department of Justice state summary criminal
history information is not received within the sixty-day inves-
tigation period, the chief of police is authorized to issue a
temporary permit. A final decision granting or denying a per-
mit shall be made after receipt of such summary criminal
history information. If the permit is granted, its effective
date shall be the date of issuance of the temporary permit. If
the permit is denied, the temporary permit shall expire upon
notice of denial.
Temporary permits shall be issued for a ninety-day period.
The chief of police, in his discretion, may extend such tempo-
rary permit.
5. 24.110 Massage technician application--Contents. In
addition to all the information required by section 5. 24.040 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.
(c) Such other identification and information as the po-
lice department may require in order to discover the truth of
the matters hereinbefore specified as required to beset forth
in the application.
2.
(d) The chief of police shall require the applicant to
furnish fingerprints.
(e) The chief of police shall require the applicant to
furnish a statement from a physician, licensed to practice in
the state of California, that he/she has been examined within
the past thirty (30) days prior to submitting the application,
and has been found free of any communicable disease.
5.24.130 "Massage technician--Permit--Issuance. The chief
of police shall have thirty (30days 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.
(c) The applicant has complied with section 5.24.110(e) of
this chapter.
If relevant Department of Justice state summary criminal
history information has not been received within the thirty
(30) day investigation period, the chief of police is autho-
rized to issue a temporary permit. A final decision granting
or denying a permit shall be made after receipt of such summary
criminal history information. If the permit is granted, its
effective date shall be the date of issuance of the temporary
permit. If the permit is denied, the temporary permit shall
expire upon notice of denial.
Temporary permits shall be issued for a ninety (90) day
period. The chief of police, in his discretion, may extend
such temporary permit .
5.24.250 Permit suspension and revocation. The chief of
police, or his designee, may suspend or revoke a permit if a
permittee has:
(a) Knowingly made any false, misleading or fraudulent
statement of a material fact in an application for a permit; or
3 .
(b) Violated any provision of this chapter or of any
statute relating to his permitted activity; or
(c) Conducted the permitted business in a manner contrary
to the peace, health, safety, and general welfare of the pub-
lic; or
(d) Demonstrated that he is unfit to be trusted with the
privileges granted by the permit.
The permittee shall be provided with written notice by
first class mail, postage prepaid, of such suspension or revo-
cation. 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 ef-
fect until final decision has been rendered by the city admin-
istrator, 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 of the period for filing appeals.
SECTION 2 . This ordinance shall take effect thirty days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
day of July , 1985.
I '
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
0&4tAi& gm av=�
'lei City Administrator Chief of 'Police
3570/0053M
ahb/6/3/85
4.
Ord. No. 2777
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
adjourned meeting thereof held on the 24th day of June
19 , and was again read to said City Council at a regular
meeting thereof held on the lst day of July - , 19 85 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Mandic, Bailey, Finley, Green
NOES: Councilmen:
None
ABSENT: Councilmen:
Thomas
City 4Clernd ex-officio Cler
of the City Council of the City
of Huntington Beach, California