HomeMy WebLinkAboutOrdinance #3267 i
ORDINANCE NO. 3267
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTION 5.24 THEREOF
RELATING TO MASSAGE LICENSING
WHEREAS, the City Council of the City of Huntington Beach desires to require
massage establishment operators and technicians to have received training under
prevailing industry standards; and
The existing ordinance does not require such standards;
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby ordain as follows:
SECTION 1. That Section 5.24 of the Huntington Beach Municipal Code,
entitled "Massage Establishments," is hereby amended to read as follows:
Chapter 5.24
MASSAGE ESTABLISHMENTS
Sections:
5.24.010 Definitions
5.24.020 Massage establishment and Massage Technician--Permit required
5.24.030 Massage establishment--Application for permit--Fees
5.24.040 Massage establishment--Application--Contents
5.24.050 Massage establishment--Applicant to appear
5.24.060 Massage establishment--Application--Investigation
5.24,070 Massage establishment and Massage Technician--Permit--Refusal--Appeal
5.24.080 Repealed
5.24.090 Massage technician--Additional Application and Fee
5.24.100 Massage technician permit--Application
5.24.110 Massage technician application-Contents
5.24.120 Repealed, Ord 2466-2/81
5.24.130 Massage technician--Permit--Issuance
5.24.140 Repealed
5.24.150 Exemptions
5.24,160 Massage establishment--Facilities
5.24.170 Massage establishment operation
5,24,180 Existing massage technician permits--Validity
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5.24.190 Permit renewal
5.24.200 Permits nontransferable
5,24,210 Number of establishments limited
5.24.220 Massage establishment--Change of location or name
5.24.230 Prohibited conduct
5.24.240 Violation--Penalty
5,24.250 Permit suspension and revocation
5.24.260 Appeal procedure
5.24.270 Appeal--Hearing
5,24.280 Repealed, Ord 2726-10/84
5.24.290 Repealed, Ord 2726-10/84
5.24.300 Repealed, Ord 2726-10/84
5.24.310 Repealed, Ord 2726-10/84
5.24.320 Repealed, Ord 2726-10/84
5.24.330 Repealed, Ord 2726-10/84
5.24.340 Unlawful operation declared nuisance
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" or"massage therapy" means any method of pressure on,or friction against or stroking,
kneading, rubbing,tapping,pounding, vibrating,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,practice,profession,or work of massage,which school or institution complies with
the California.Education Code section 94310 or 94311,and which requires a resident course of
study before the student shall be furnished with a diploma or certificate of graduation, Schools
offering a correspondence course not requiring actual attendance shall not be deemed a recognized
school.
(d) "Qualified Massage Association"means any association which meets the following criteria:
(1) Has established as a minimum education requirement for membership the completion of at
least five hundred(500)hours of training from a recognized school of massage or has a
written and practical testing of equivalency administered and overseen by its admission
committee or by a national certification program endorsed by the National Commission for
Certifying Agencies (NCCA),which will be considered in lieu of the minimum education
requirement of five hundred(500)hours.
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(2) Offers and requires participation and completion by members of a minimum number of
hours of specified continuing education as a condition of continuing membership.
(3) Is open to members of the general public meeting the requirements for membership on a
national basis.
(4) Has minimum educational requirements or equivalents, including at least five hundred
(500) classroom hours or its equivalent in anatomy,physiology, hygiene, sanitation,
massage therapy and practice,ethics of massage practice, first aid and CPR. Equivalency
must be verified by written and practical testing by the Association.
(5) The Association has established rules of ethics and has enforcement procedures for the
suspension or revocation of membership for violation of such rules.
(6) The Association requires participation and completion by members of a minimum number
of hours of specified continuing education as a condition of continued membership.
(e) "Qualifying Exam"means a national certification examination which has been recognized by
objective standards to fairly evaluate professional level, skill, safety and competence as determined
by a qualified massage association.
(f) "Massage Technician" means any person who performs massage in exchange for anything of any
value whatsoever.
(g) "Owner"means the individual(s)whose name appears on the City of Huntington Beach business
license.
(h) "Operator"means the individual who manages the establishment. Evidence of management
includes but is not limited to evidence that the individual has power to direct or hire and dismiss
employees,control hours of operation,create policy or rules or purchase supplies. An operator
may also be an owner.
(i) "Customer area"means areas open to customers of the establishment.
0) A crime of"Moral turpitude"shall be dcfined as a crime which infringes upon the moral sentiment
of the community, as distinguished from statutory mala prohibita(acts prohibited by a law).
5.24.020 Massage establishment and Massage technician_.Permit required. It shall be unlawful for any
person,association,partnership, corporation or other entity to engage in, conduct or carry on,in or upon
any premises within the City of Huntington Beach the business of a massage establishment, or to provide
massage in exchange for anything of value, without a permit issued by the City of Huntington Beach
pursuant to the provisions of this chapter for each and every such massage establishment and such person
providing massage services. Education and training requirements contained in this chapter apply equally to
massage technicians and massage establishment owners.
5.24.030 Massage establishment--Application for permit--Fee.
(a) Any person, association, corporation, partnership or other entity desiring to obtain a permit to
operate a massage establishment shall make application to the Chief of Police or his designated
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representative. Prior to submitting such application, a nonrefundable fee as established by
resolution of the City Council shall be paid to the City of Huntington Beach to defray,the cost of
investigation and report required by this chapter. The City Clerk or the City Treasurer 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.
(b) The application for permit does not authorize operation of a massage establishment or performing
massage 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 applicant.
(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,unless applicant
is a partnership or corporation, in which case this information shall be supplied for the person or
persons authorized to execute the application.
(f) Two photographs of the applicant at least 2"X 2"taken within the last six(6)months.
(g) Business, occupation or employment history of the applicant 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, exclusive of traffic violations, stating the dates and
places of any such conviction.
{j) If the applicant is:
(1) 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 five percent(5%)of the stock in the corporation.
(2) a partnership,the applicant shall set forth the name, residence address and dates of birth of
the partners, including limited partners. If it is a limited partnership, it shall furnish a copy
of its certificate of limited partnership filed with the Secretary of State. If one or more of
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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,if applicable, a copy of the lease or rental agreement.
(1) Proof of matriculation from a recognized school of massage, as defined herein. If the applicant is a
corporation or partnership,then this proof must be supplied for a member of the corporation or
partnership who will actively participate in the management of the establishment.
(m) Proof of passage of an independently prepared and administered national certification exam which
has been recognized by objective standards to fairly evaluate professional levels of skill, safety and
competence, as determined by a qualified massage association.
(n) Proof of membership in a qualified massage association.
(o) 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.
(p) The Chief of Police shall require the applicant to furnish fingerprints.
(q) Proof of actual malpractice insurance coverage or the ability to qualify for professional
malpractice insurance.
5.24.050 Massagge establishment--Applicant to appear. The applicant, if an individual, or designated
responsible managing officer, if a partnership or corporation, shall personally appear at the Police
Department of the City of Huntington Beach and produce proof that the application fee as set by resolution
of the City Council has been paid and shall present the application containing the aforementioned and
described information.
5.24.060 Massage establishment--Application--Investigation. Upon receipt of the completed
application,the Chief of Police shall have sixty(60)days to investigate the application and the background
of the applicant, including,but not limited to, any past criminal convictions as provided by the Justice
Department or other legally authorized agency. Upon completion of the investigation,the Chief of Police
shall grant the permit if he finds:
(a) The required fee has been paid.
(b) The applicant conforms in all respects to the provisions of this chapter.
(c) The applicant has not knowingly made any false,misleading or fraudulent statements in the
application.
(d) The applicant has fully cooperated in the investigation of his or her application.
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(e) The applicant, if an individual, or any officers,directors,or shareholders of the corporation holding
more than 5%of the stock, 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 involving conduct which requires registration under California Penal
Code section 290,or of conduct violating Penal Code sections 266, 314, 315, 316, 318, 647(a),
647(b)and 647(h), or convicted of an attempt to commit any of the abovementioned offenses or
convicted in any state of any offense which if committed or attempted in this state, or conspiracy to
commit any of the above offenses,would have been punishable as one or more of the
abovementioned offenses, or any crime involving dishonesty,fraud, deceit, or moral turpitude.
(f) 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.
(g) The applicant is at least eighteen(18)years of age.
(h) The applicant has not engaged in conduct which would constitute grounds for suspension or
revocation under this chapter.
(i) The applicant has shown proof of malpractice insurance and has complied with all other city
ordinances pertaining to insurance coverage.
If relevant Department of Justice state summary criminal history information is not received within the
sixty-day(60) investigation period,the Chief of Police is authorized 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-day(90)period. The Chief of Police may extend such
temporary permit, should the relevant Department of Justice information not yet be available.
5.24.070 Massage establishment and Massage Technician--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 first-class 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.
5.24.090 Massage technician Additional Application and Fee. In the event a massage technician
currently licensed by the City of Huntington Beach seeks employment at a massage establishment other
than the establishment indicated on the original application, an additional application and fee-as set by
resolution of the City Council must be submitted.
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 representative. Prior to
submitting application, a nonrefundable fee as established by resolution of the City Council shall be paid to
the City of Huntington Beach to defray,the cost of investigation and report required by this chapter. The
City Clerk or the City Treasurer 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.
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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 addition to all the information required by
section 5.24.040 of this chapter,each application for massage technician permit shall contain the name,
address and phone number at which the applicant will be employed.
The applicant must furnish a statement from a physician, licensed to practice in the state of California,that
the applicant 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(30)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, in addition to the finding that the applicant will work in an
establishment which complies with 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 a licensing authority or by any city,
county or state within three (3)years prior to the date of application.
(c) The applicant has met the following requirements:
(1) Completed five-hundred(500)hours of instruction in a massage specialty(therapeutic
approach)at a recognized school of massage;or
(2) Completed five-hundred(500)documented hours of practical experience in a massage
specialty at:
(i) a primary office of and under the direct supervision of a medical professional
licensed by the State of California, specifically a physician, surgeon, chiropractor,
osteopath,physical therapist or nurse,while such medical professional is
performing activities encompassed by such license and is physically on the
premises where the massage therapy is being administered; and
(ii) 500 additional hours of continuing education classes or seminars in the field of
massage therapy offered by a recognized school of massage.
(3) All applicants must have passed an independently prepared and administered national
certification exam which has been recognized by objective standards to fairly evaluate
professional levels of skill,safety and competence, as determined by a qualified massage
association.
(d) Proof of membership in a nationally chartered professional association recognized by the Internal
Revenue Service as a tax-exempt organization under the Internal Revenue Code or a qualified
massage association.
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(e) The applicant has not been convicted of any of the offenses listed in section 5.24.060(e)within the
last five years.
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 authorized 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 may extend such
temporary permit if the relevant Department of Justice information has not been received.
5.24,150 Exemptions. The provisions of this chapter shall not apply to the following classes of
individuals or groups 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, sanitariums, 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 professional athlete or athletic team.
5.24.160 Massage establishment--Facilities. Every massage establishment shall maintain facilities
meeting the following requirements:
(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) Li tin -minimum lighting shall be provided in accordance 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 and shall
be activated at all times while a patron is in such room or enclosure.
(c) Ventilation-minimum ventilation shall be provided in accordance with section 1105 of the
Uniform Building Code, Volume 1.
(d) Equipment-adequate equipment for disinfecting and sterilizing instruments used in performing the
acts of massage shall be provided.
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(e) Water-hot and cold running water shall be provided at all times.
(f) Linen storage-closed cabinets shall be provided and utilized for storage of clean linens, and
approved receptacles shall be provided for the deposit of soiled linen.
(g) Separation of sexes -if male and female patrons are to be served simultaneously at the massage
establishment, a separate massage room or rooms;and separate dressing, bathing and toilet
facilities shall be provided for male and female patrons. Each separate facility or room shall be
clearly marked as such.
(h) Bathing, dressin locker,toilet facilities -adequate 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) Massage table cads -pads used on massage tables shall be covered in a professional manner with
durable, washable plastic or other waterproof material acceptable to Orange County Health
Department.
(j} Areas where massage is to be performed shall be separated by swinging doors, curtains, screens or
walls not enclosed by solid doors.
5.24.170_ Massage establishment operation. Every massage establishment shall comply with the
following operating requirements:
(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 control 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. Massage technicians may not use a name other than the name used on
the permit application.
(b) Bath and massage operations shall be carried on and the premises shall be open only between the
hours of 7 a.m. and 9 p.m. A massage begun any time before 9 p.m. must nevertheless terminate
at 9 p.m.
(c) A list of 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 owner/operator of a massage establishment shall display a massage establishment permit and
the permit for each and every massage technician employed in the establishment in an open and
conspicuous place on the premises, available for examination upon demand by any police officer of
the City.
(e) Each massage technician shall wear a photo identification card prepared and issued by the City
while administering a massage. The identification card shall be worn on outer clothing with the
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photo side facing out. A massage technician shall not use any name other than specified on the
photo identification card while on duty.
(f) Massage technicians and attendants shall be fully clothed at all times. Clothing shall be of a fully
opaque,non-transparent material and provide the complete covering from mid-thigh to three(3)
inches below the collar bone.
(g) :Dressing rooms and treatment rooms shall be screened off by curtains, draw drapes,or in the
alternative, swinging doors, so long as such doors are mounted at least eighteen(18)inches from
the floor and not less than ten(10)inches from the top of the door frame. No other type of door
other than swinging doors meeting the above specifications shall be used to screen off such
dressing rooms and treatment rooms.
(h) 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.
(i) 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 physical facilities for the
establishment must be in good repair and maintained in a clean and sanitary condition.
(j) Instruments utilized in performing massage shall not be used on more than one(1)patron unless
they have been sterilized using approved sterilizing methods.
(k) Where a covering is furnished by the massage establishment, it shall not be used by more than one
(1)patron until it has first been laundered and disinfected.
(1) The owner or operator of the massage establishment shall keep a complete and current list of the
names and residence addresses of all massage technicians and employees of the massage _
establishment and the name and residence addresses of the manager or managing employee
purported to be principally in charge of the operation of the massage establishment. This roster
shall be kept at the premises and be available for inspection by officials charged with enforcement
of this chapter.
(m) Every massage establishment shall keep a written record of the date and hour of each treatment
administered,the name and address of each patron,the name of the massage therapist
administering treatment, and the type of treatment administered,to be recorded on a patron release
form. Such written record shall be open to inspection by officials charged with the enforcement of
this chapter. Such records shall be kept on the premises of the massage establishment for a period
of two(2)years.
(n) The owner/operator of each massage establishment shall file with the City Clerk, documents issued
by an insurance company authorized to do business in the State of California evidencing that the
permittee is insured under a liability insurance policy providing minimum coverage in an amount
set by resolution of the City Council for injury or death to one person arising out of the operation
of any massage establishment and the administration of a massage, and shall be kept in full force
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and effect at all times by such owner or operator. Proof of such insurance shall be kept on the
premises at all times.
(o) No part of the establishment shall be used for residential or sleeping purposes. No cooking or food
preparation shall be allowed on the premises unless a full service kitchen is installed. Such a
kitchen shall be for the sole use of employees, and shall be installed in an "employees only" area.
The full service kitchen shall have a minimum of a sink with hot and cold running water, a
refrigerator, a stove and sufficient cabinets to store cooking utensils.
(p) 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 responsible
owner, operator,managing employee,manager or permittee shall not permit any such person to
enter or remain upon such premises.
(q) Every massage establishment shall be open at all times during business hours for inspection by any
officer of the City of Huntington Beach.
(r) All exterior doors shall remain unlocked from the inside during business hours. All doors leading
to the business or leading to the customer areas are to remain unlocked during business hours.
(s) No massage establishment shall simultaneously operate as a school of massage, or share facilities
with a school of massage.
5.24.180 Existing massa a technician ermits--Validi All persons holding existing massage
technician permits and massage owner permits have two(2)years from the effective date to comply with all
requirements of this chapter.
5.24.190 Permit renewal. Permits for massage establishments and massage technicians shall be renewed
on a year-to-year basis provided that the permittees continue to meet the requirements set out in this
chapter. The renewal fee for massage establishments and massage technicians shall be set by resolution of
the City Council. The application for pen-nit renewal shall contain the same information as required under
this chapter for the original application.
5.24.200 Permits nontransferable. No massage establishment 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 partnership 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
effecting 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 establishment 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 or sold,transferred or assigned. No
massage technician permit may be sold,transferred or assigned by a permittee, or by operation of law,to
any other person or persons.
5.24.210 Number of establishments limited. No more than ten(10)valid permits for massage
establishments shall be authorized by the City Council to operate in the City of Huntington Beach.
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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 set by resolution of the City Council has been paid to the City of
Huntington Beach, and approval has been obtained from the Chief of Police and the Department of
'Community Development. 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 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 and all other city ordinances including zoning ordinances.
5.24.230 Prohibited conduct.
(a) A massage 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 turpitude, and such practices shall
not be allowed or permitted by the massage establishment permittee.
(b) A Massage technicians shall be fully 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.
(c) 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 establishment
permittee.
(d) A massage technician shall not give massages at any location 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).
(e) A massage technician shall not massage, fondle, or otherwise have intentional contact with the
genitals or anus of any patron, or the breasts of a female patron, and such practices shall not be
allowed or permitted by the massage establishment permittee.
(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
massage establishment permittee.
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 sections 5.24.020, 5,24.170(a), 5.24.220,
5.24.230(c)or 5.24.230(d)of this chapter shall be guilty of a MISDEMEANOR, punishable by a fine one
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thousand dollars ($1,000)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 Chief of Police, or his designee,may suspend or
revoke a permit if a permittee has:
(a) Knowingly made any false,misleading, or fraudulent statements in the applications;or
(b) Violated any provision of this chapter or of any statute relating to his permitted activity; or
(c) Been convicted of a felony or misdemeanor involving moral turpitude or been convicted of a felony
or misdemeanor while engaged in the practice of giving massage or the operation of a massage
establishment.
The permittee shall be provided with written notice by first class mail, postage prepaid, of such suspension
or revocation. 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 of the
period for filing appeals.
5.234.260 Appeal procedure.
(a) The City Administrator, or his designee, shall schedule 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 continuance;may
dissolve stays of pending orders of denial, suspension or revocation or of pending orders of denial,
suspension or revocation; and may appoint outside hearing officers.
(d) The City Administrator,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.
5.24.270 Appeal-Hearing. The following rules of evidence shall apply:
(a) Oral evidence shall be taken only under oath or affirmation. 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 witnesses,to introduce exhibits, and to cross-
examine opposing witnesses who have testified under direct examination. The hearing officer may
call and examine any witness.
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(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 relied 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 objection in civil
actions. Hearsay testimony may be used for the purpose of supplementing or explaining any
evidence given in direct examination,but shall not be sufficient in itself to support a finding unless
such testimony would be admissible over objection in civil actions. The rules of privilege shall be
applicable to the extent that they now,or are hereafter permitted in civil actions; and irrelevant,
collateral,undue,and repetitious testimony shall be excluded.
5.24.340 Unlawful operation declared nuisance. Any massage establishment operated, conducted or
maintained contrary to the provisions of this chapter shall be and the same is hereby 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,proceeding or proceedings for abatement, removal or
enjoinment thereof, in the manner provided by law. The City Attorney shall take such other steps and shall
apply to such court or courts as may have jurisdiction 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 2. This ordinance shall become effective 30 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 21_ST day of_ AlMUIST , 1995.
ATTEST: Mayor
APPROVED AS TO FORM:
City Clerk
REVIEWED 9ND- V 5-�3 �SCity Attorney -6r-
e�NITYffiiD AND APPRO
ity Administrator
olice Chief
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Ord. No. 3267
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 3rd of April, 1995, and was again read to said
City Council at a r, egular meeting thereof held on the 21st of August, 1995, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council,
AYES: Councilmembers:
Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
I,Connie Brockway CITY CLERIC of the City of
Huntington Beach and ex-officio Clerk ofthe City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Independent on
19
In accordan with the City Charter of said City City Clerk and ex-officio C erk
Connie Brockway,Ci, Clerk of the City Council of the City
,nte--mitv CitvClerk of Huntington Beach, California
G/fbllowup/ordbkpg
8/22/95