HomeMy WebLinkAboutOrdinance #3738 ORDINANCE NO. 3 7 3 8
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.24 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO MASSAGE ESTABLISHMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.24.030, subsection (a), of the Huntington Beach Municipal Code
is hereby amended to read as follows:
5.24.030 Massage establishment--Application for permit--Fees.
(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 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 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-(3267-9/95)
(b) The application for permit does not authorize operation of a massage establishment or
performing massage until such permit has been granted. (2395-11/79, 3267-9/95)
SECTION 2. 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 (2395-11/79, 3267-9/95)
(b) Violated any provision of this chapter or of any statute relating to his or her permitted
activity; or (3467-6/00)
(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. (2395-11/79, 3267-9/95)
SECTION 3. Section 5.24.260 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.24.260 Appeal procedure.
(a) Any permittee whose permit has been revoked, suspended, or not renewed by the
Chief of Police or any applicant whose request for a permit has been denied may
contest the decision of the Chief of Police by filing a request for an Administrative
06ord/chap 5-24 1
Ordinance No. 3738
Hearing. To obtain a hearing, a signed written request must be made indicating the
grounds for contesting the decision. (3694-2/05)
(b) In the event an appeal is timely filed, the suspension or revocation shall not take
effect until final decision has been rendered by the hearing officer 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.
(c) To be effective and complete, the request must be received by the City Attorney
within 20 days of the date the written notice of decision was sent. The notice will be
deemed received if not returned within ten(10) days of mailing. All requests for a
hearing shall be date stamped upon receipt. The City Attorney is authorized to
designate an address to which such requests shall be mailed in satisfaction of this
subsection. The City Attorney, or his/her designee, shall schedule a hearing to be
held within forty-five (45) days after the filing of the notice of appeal. 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. (3694-2/05)
(d) The person requesting the Administrative Hearing may file a written declaration with
the City Attorney before the hearing or personally attend the hearing on the date, time
and place specified. A failure to file a written declaration before the hearing or
personally attend the hearing, unless continued pursuant to this Chapter, will be
considered a non-appearance. Non-appearance shall constitute an abandonment of
the request, for the hearing. The failure to appear by the appellant shall be noted on
the Notice of Decision by the Hearing Officer which will be mailed to the permittee
by the City Attorney. (3694-2/05)
SECTION 4. 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 19th day of ,Tune , 200 6
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney U '5/1$16.6
REVIEWED AND APPROVED: INITIATED AND APPROVED:
/ r J
City Administrator r
C*=Ci�ty�Attorney
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06ord/chap 5-24 2
Ord. No. 3738
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,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 5th day of June,2006,and was again read to said City
Council at a regular meeting thereof held on the 19th day of June,2006, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Coerper
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on June 29,2006.
In accordance with the City Charter of said City
J an L.Flynn,Ci1y Clerk Cit . Jerk and ex-officio CUrk
Deputy city clerk of the City Council of the City
of Huntington Beach, California