HomeMy WebLinkAboutOrdinance #3467 ORDINANCE NO. 3 4 6 7
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.24 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE REGULATION OF MASSAGE ESTABLISHMENT -
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.24.010 of the Huntington Beach Municipal Code is hereby
amended 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" 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 fifty
percent (50%) or more of the activity carried on in the establishment.
(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 Iieu 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, whether or not that person has a valid permit from the
City.
(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.
(j} A crime of"Moral turpitude" shall be defined as a crime which infringes upon the moral
sentiment of the community, as distinguished from statutory mala prohibita (acts
prohibited by a law).
SECTION 2. Section 5.24.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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5.24.040 Massage establishment--A lication--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 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
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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) Such other identification and information as the Police Department may require in order
to discover the truth of the matters hercinbefore specified as required to be set forth in the
application.
(o) The Chief of Police shall require the applicant to furnish fingerprints.
(p) Proof of actual malpractice insurance coverage or the ability to qualify for professional
malpractice insurance.
SECTION 3. Section 5.24.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
(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
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Penal Code sections 266, 314, 315, 316, 318, 647(a), and 647(b), 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.
(1) 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 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, should the relevant Department of Justice information not yet be
available.
SECTION 4. Section 5.24.130 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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:
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(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) The applicant has not been convicted of any of the offenses listed in Section 5.24.060(e)
within the last five (5) 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.
SECTION 5. Section 5.24.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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:
Exemptions do not apply to employees unless 1)the conduct of the employee is regulated by
state law pertaining to physicians, surgeons, chiropractors, osteopaths, acupuncturists and
physical therapists , and 2) the employee and employer are performing their duties in accordance
with state law.
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists
duly licensed to practice in the state of California.
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(b) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the
state of California, provided that at all times such physicians, surgeons, chiropractors,
osteopaths and physical therapists are acting in adherence with the provisions of the state
law which govern this field..
(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.
SECTION 6. Section 5.24.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.24.170 Massa e establishment operation. Every massage establishment shall comply with the
following operating requirements:
(a) (1) Each person employed or acting as a massage technician shall have a valid permit
issued by the City of Huntington Beach.
(2) It is 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.
(3) No business except those exempted under section 5.24.150 herein, may employ
anyone to provide massage or allow anyone to provide massage, unless the
massage producer possess a valid permit under this Chapter.
(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. No person, whether licensed under this Chapter or not,
may provide massage in exchange for anything of value after 9:00 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.
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(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 photo side facing out. The 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: (1) swing doors mounted at least eighteen (IS) inches from the floor and
not less than ten (10) inches from the top of the door frame; or(2) louvered closing doors
without locking mechanisms. No other type of door other than doors meeting the above
specification 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
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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 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 hours during which
massage is being provided 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.
SECTION 7. Section 5.24.180 of the Huntington Beach Municipal Code is hereby
deleted in its entirety.
SECTION 8. Section 5.24.230 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
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(b) A massage technician 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 business location 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.
SECTION 9. Section 5.24,240 of the Huntington Beach Municipal. Code is hereby
amended to read as follows:
5.24.240 Violation--Penalty. Any person violating this chapter shall be guilty of a
MISDEMEANOR,punishable by a fine of one-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.
SECTION 10. Section 5.24.250 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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
(2395-11179,3267-9/95)
(b) Violated any provision of this chapter or of any statute relating to his or her 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.
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........ .... ... ... . .......... ..
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 Cleric 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.
SECTION 11. 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 15th day of may , 2000.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
OW City Attorney dp
REVIEWED AND APPROVED: �`l' ���3,
INIT TED AND OVED-
City Adm istrator
Chief of lice
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Ord. No. 3467
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 1st day of May, 2000, and was again read to
said City Council at a regular meeting thereof held on the 15th da of Mal, 2000, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN; None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-oflicio Clerk of the City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Independent on
Or-6
In accordance with e City Charter of said City City Clerk and ex-offici Clerk
Connie Brockway City Clerk of the City Council of the City
De ut City Clerk of Huntington Beach, California
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