HomeMy WebLinkAboutOrdinance #3973 ORDINANCE NO. 3973
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 I. 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) "Applicant"means an applicant for an Establishment Registration Certificate.
(b) "California Massage Therapy Council" or"CAMTC" means the State nonprofit
organization created to regulate and issue massage practitioner and therapist
certificates pursuant to California Business and Professions Code Section 4600, et
seq.
(c) "Certified" shall mean any valid certificate issued in accordance with Sections 2600
through 4620 of the California Business and Professions Code.
(d) "Certified Massage Business"means any business that possesses a valid city business
license and an Establishment Registration Certificate, and where the only persons
employed or used by that business to provide massage services have current and valid
State Certifications.
(e) "Certified Massage Practitioner" means any person holding a current and valid State
Certificate issued by the California Massage Therapy Council pursuant to California
Business and Professions Code Section 4600 et seq., whether as a massage
practitioner or massage therapist, as defined therein.
(f) "Certified Sole Proprietorship" means any massage business where the owner is the
only person employed or used by that business to provide massage services and the
owner has a current and valid State Certification and an Establishment Registration
Certificate.
(g) "City" means the City of Huntington Beach.
(h) "Chief of Police or Designee" shall mean the person or persons designated to
administer the provisions of this Chapter.
(i) "Compensation" shall mean the payment, loan, advance, donation, contribution,
deposit, or gift of money or anything of value.
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(j) "Employee"means any person, other than a massage practitioner, manager or owner
or operator, who renders any service,with or without compensation, to the owner or
operator of a massage establishment relating to the day-to-day operation of the
massage establishment whether as an employee or independent contractor.
(k) "Establishment Registration Certificate—Business" or"Business Registration
Certificate"means a certification issued by the Chief of Police upon submission of
satisfactory evidence as required that a massage business or sole proprietorship
employs or uses only certified massage therapists or practitioners possessing valid
and current State Certifications and has satisfied all other requirements pursuant to
the provisions of this Chapter.
(1) For purposes of this Chapter, the terms"massage" and "bodywork" shall have the
same meaning.
(m)"Massage", "massage therapy", or"bodywork"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.
(n) "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.
(o) "Massage therapist,""bodyworker," "bodywork therapist," or "massage and
bodywork therapist"means a person who is certified by the California Massage
Therapy Council under Subdivision(c) of Section 4601 of the California Business
and Professions Code, and who administers massage for compensation.
(p) "Massage practitioner," "bodywork practitioner," or"massage and bodywork
practitioner"means a person who is certified by the California Massage Therapy
Council under Subdivision(b) of Section 4601 of the California Business and
Professionals Code, and who administers massage for compensation.
(q) "Operator"means the individual who manages the massage 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.
(r) "Organization"means the California Massage Therapy Council created pursuant to
Sections 4600-4620 of the California Business and Professions Code.
(s) "Owner"means the individual(s) whose name appears on the City of Huntington
Beach business license.
(t) "Registered Certificate Holder"means a business that has been issued an
Establishment Registration Certificate by the City's Chief of Police.
(u) "State Certification" or"State Certificate"means a valid and current certification
properly issued by the CAMTC pursuant to California Business and Professions Code
Section 4600, et seq.
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SECTION 2. Section 5.24.015 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.015 Authority. The Chief of Police or Designee shall have the power and authority to
promulgate rules, regulations, and requirements consistent with the provisions of this Chapter
and other law in connection with the issuance of an Establishment Registration Certificate. The
Chief of Police or Designee shall have authority to make decisions, investigate and take action
under this Chapter.
SECTION 3. Section 5.24.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.24.020 Massage Certification/Establishment Registration Certificate Required. It shall be
unlawful for any person, association,partnership, corporation or other entity to engage in, conduct or
carry on,permit to engage in, in or upon any premises within the City of Huntington Beach the
business of providing massages in exchange for compensation without being currently certified as a
massage practitioner or massage therapist by the California Massage Therapy Council in accordance
with Sections 4600 through 4620 of the California Business and Professions Code and be a Certified
Massage Business as described in 5.24.010(d)herein.
SECTION 4. Section 5.24.025 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.025 Application for Establishment Registration Certificate.
(a)An application for an Establishment Registration Certificate shall be filed on forms provided
by the City, submitted under penalty of perjury, and shall include the following information:
(1) The full, true name under which the business will be conducted.
(2) The full true name of the applicant.
(3) A complete statement listing and explaining any and all aliases and fictitious names
used by the applicant within the last ten(10) years.
(4) The present or proposed business address where the business is to be conducted.
(5) A complete description of all services to be provided at the proposed massage
establishment.
(6) Business Entity Type.
(7) Tax ID number used for the income tax reporting for the business applying for.
(8) The residence address of the applicant.
(9) Date of Birth.
(10) Social Security Number.
(11) A valid and current driver's license and/or identification card issued by a state or
federal government agency or other photographic identification bearing a bona fide
seal by a foreign government.
(12) The original valid and current State Certificate issued by CAMTC. If establishment
owner is not State certified, a valid State Certificate must be provided for an
employee or independent contractor.
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(13) The original valid and current ID Card issued by CAMTC. If establishment owner is
not State certified, a valid ID Card must be provided for an employee or independent
contractor.
(14) The name and address of any massage business or other like business owned or
operated by any person whose name is required to be given pursuant to this section
for the ten (10) years immediately preceding the filing of the application.
(15) A description of any other business to be operated on the same premises, or on
adjoining premises, owned or controlled by the applicant.
(16) A signed statement authorizing the City, its officers, agents and employees, to seek
information and conduct an investigation into the truth of the statements set forth in
the application and to ensure continual compliance with all applicable provisions of
law.
(17) A signed statement that the business owner shall employ only State Certified Massage
Practitioners or Therapists to provide massage services.
(18) A signed statement that all independent massage practitioners on the establishment
premises will be in possession of a valid current city business license.
(19) Completed Fingerprinting and background check for any business owner or operator
applying for an Establishment Registration Certificate who is not otherwise certified
by CAMTC.
(20) Payment of an Establishment Registration Certificate fee set by council resolution.
(b) An Applicant who is a business owner, operator or sole proprietor and who is not CAMTC
certified, must submit current background and fingerprint information to determine whether the
Applicant has any of the following:
(1) All convictions for any crime involving conduct which requires registration under
California Penal Code Section 290 (Sex Offender Registration Act).
(2) Convictions for violations of California Penal Code Section 266i (pandering), 315
(keeping or residing in house of ill-fame), 316 (keeping disorderly house), 318
(prevailing upon person to visit place for gambling or prostitution), 647(b)
(prostitution);.653.23 (supervision of a prostitute); 415 (disturbing the peace).
(3) Convictions of any felony offense involving the sale of a controlled substance
specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety
Code.
(4) Convictions of crimes designated in Government Code Section 51032, or any crime
involving dishonesty, fraud, deceit, violence or moral turpitude.
(5) All injunctions for nuisances under Penal Code Section 11225-11235.
(6) Convictions in any other state of any offense which, if committed or attempted in this
state, would have been punishable as one or more of the referenced offenses of this
subpart.
(7) Conspiracy or attempt to commit any such offense described in subsections (1)-(6) of
this subpart.
(c) The applicant, corporation or partnership shall designate one of its officers or general
partners to act as its responsible managing officer/employee. Such person shall complete and
sign all application forms required of an individual applicant under this Chapter. The
corporation's or partnership's responsible managing officer must, at all times meet all of the
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requirements set by this Chapter or the corporation's or partnership's Establishment Registration
Certificate shall be suspended until a responsible managing officer who meets such requirements
is designated. If no such person is designated within ninety (90) days, the corporation's or
partnership's Establishment Registration Certificate is deemed canceled and a new application
for registration must be filed.
(d) A signed statement that the owner/applicant shall be responsible for the conduct of all
employees or independent contractors working on the premises of the business and
acknowledging that failure to comply with California Business&Professions Code section 4600,
et seq. with any local, state or federal law, or with the provisions of this Chapter may result in the
revocation of the Establishment Registration Certificate.
(e) Payment of a nonrefundable registration fee in an amount established by resolution of the
City Council.
(f) Upon receipt of the completed application,the Chief of Police or Designee shall refer the
application to other City departments that may inspect the premises proposed to be used as a
massage business and shall make a written recommendation to the Chief of Police or Designee
concerning compliance with the respective requirements.
(g) The Chief of Police or Designee shall have up to sixty (60) Calendar days after the
submission of all required information to complete an investigation.
SECTION 5. Section 5.24.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.24.030 Massaue establishment or services—Business License Required.
(a)Any person, association, corporation, partnership or other entity desiring to operate a massage
establishment or provide massage services shall obtain a business license and provide the
following relevant information:
(1)Full name of certificate holder(if applicable).
(2)Date of Birth.
(3) State issued identification number(if applicable).
(4) Social Security Number.
(5) Home address and phone number.
(6) Work address and phone number.
(7) Color photograph of the certificate holder.
(8) Proof of State certification for those who will provide massage services.
(b)Prior to submitting the massage business license application, the fees as established by
resolution of the City Council shall be paid to the City of Huntington Beach.
(c)The application for the massage business license does not authorize operation of a massage
establishment or performing massage services until the business license is issued.
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(d) It shall be the responsibility of each massage business owner or operator to file copies or
provide other evidence of the certificates held by the persons who are providing massage
services at the business.
(e) It shall be the responsibility of each massage business owner or operator to notify the City of
any intention to rename, change management, or convey the business to another person.
SECTION 6. Section 5.24.035 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.035 Approval or denial of Establishment Registration Certificate.
(a) An Establishment Registration Certificate shall be issued by the Chief of Police or Designee
to any Certified Sole Proprietorship that demonstrates all of the following:
l. The operation, as proposed by the applicant, if permitted, would comply with all
applicable laws, including, but not limited to, the City's building, zoning, business
license, and health regulations and all requirements listed in this Chapter;
2. The owner is the only person employed or used by that business to provide massage
services;
3. The owner holds a valid and current State Certificate issued pursuant to Chapter 10.5 of
the California Business & Professions Code and that the owner/applicant is the same
person to whom the CAMTC issued a valid and current State Certificate and
identification card;
4. The applicant possesses a valid business license issued pursuant to the Huntington Beach
Municipal Code; and
5. The applicant has not failed to provide information, assurances, or documentation
required by this Chapter, has not failed to reveal any fact material to qualification, or has
not supplied information that is untrue or misleading as to a material fact pertaining to the
qualification criteria.
(b)An Establishment Registration Certificate shall be issued by the Chief of Police or Designee
to any Certified Massage Business that demonstrates all of the following:
1. The operation, as proposed by the applicant, if permitted, would comply with all
applicable laws, including, but not limited to,the City's building, zoning, business
license, and health regulations and all requirements listed in this Chapter;
2. The massage business employs or uses only Massage Practitioners with CAMTC State
Certificates whose certifications are valid and current and that owners of the State
Certificates are the same persons to whom CAMTC issued valid and current
identification cards; and
3. The applicant has provided all information, assurances, or documentation required by this
chapter, has not failed to reveal any fact material to qualification, and has not supplied
information that is untrue or misleading as to a material fact pertaining to the
qualification criteria.
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(c) The background check for any applicant/owner authorized by this Chapter shows that
such person has not been required to register under the provisions of Section 290 of the
California Penal Code; there exists no probable cause to believe a violation of the crimes
indicated in section 5.24.025(b) herein or California Penal Code Section 415; has not had an
individual or business permit or license with any agency, board, city, county, territory, or state,
denied, revoked,restricted, or suspended within the last five (5)years; and has not been subject
to an injunction for nuisance under Penal Code Section 11225-11235 within the last five (5)
years.
(d) The Chief of Police or Designee may deny issuance of an Establishment Registration
Certificate for non-compliance with any of the above described requirements.
SECTION 7. Section 5.24.040 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.040 Exemptions. Exemptions do not apply to independent contractors of the listed
exempted professionals. The provisions of this Chapter shall not apply to the following
classes of individuals or groups while engaged in or performing the duties of their
respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, 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,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) Registered or licensed vocational nurses duly registered by the State of California.
(d) Barbershops and beauty parlors, barbers and beauticians but only when engaged in the
practice for which they are licensed by the State of California i.e., massage above the neck and
shoulders, hands and arms and below the knee.
(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.
(g) No employed or independent contractor massage technician may administer massage or
otherwise treat or care for patients other than patients of the practitioner and those patients must
have been prescribed massage therapy by a practitioner listed in this section prior to the
administration of the massage therapy.
(h) Physical Therapist students, and Massage Therapist students earning practical hours for
school/education, and who are currently enrolled in a licensed program for Physical Therapy,
through a recognized school/education center, can work, under the direct supervision of an
exempted professional as defined in this section. Direct supervision means that an exempted
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professional, as defined in this section, must be present at all times when a student is performing
their duties.
(i) Owners of stand alone hotels with more than 100 on-site rooms for rent and which
provide massage services for their guests on site by a state certified massage practitioner or
therapist.
SECTION 8. Section 5.24.045 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.045 Health & Safety Requirements. All premises of a Certified Massage Business shall
be subject to periodic inspection by the City for compliance with health, safety, and building
standards and all such establishments shall comply with the following requirements:
(a) Sin- 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) Lighting -minimum lighting shall be provided in accordance with the Electrical Code
adopted by the City 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) Equipment- adequate equipment acceptable to the Orange County Health Department for
disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.
(d) Water -hot and cold running water shall be provided at all times.
(e) Linen storage - closed cabinets shall be provided and utilized for storage of clean linens, and
approved receptacles acceptable to the Orange County Health Department shall be provided for
the deposit of soiled linen.
(f) Massage_table pads -pads used on massage tables shall be covered in a professional manner
with durable, washable plastic or other waterproof material acceptable to the Orange County
Health Department.
SECTION 9. Section 5.24.050 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.050 Massage establishment operation. Every massage establishment shall comply with
the following operating requirements:
(a) (1) Each person employed or acting as a massage therapist or massage practitioner
shall have a valid certificate issued by the California Massage Therapy Council,
the original of which shall be conspicuously posted in public view. The
Certificate Holder shall have his or her identification card in his or her possession
while providing massage services.
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(2) It is unlawful for the owner, operator,responsible managing employee, manager
or certificate holder in charge of or in control of the massage establishment to
employ or permit a person to act as a massage therapist or massage practitioner
who does not possess a valid massage therapist or massage practitioner certificate
issued by the California Massage Therapy Council.
(3) No business, except those exempted under section 5.24.040 herein, may employ
anyone to provide massage or allow anyone to massage unless the massage
provider possesses a valid massage certificate issued by the California Massage
Therapy Council.
(b)No massage establishment shall operate nor shall any massage be administered in any
massage establishment between the hours of 11:00 p.m. and 8:00 a.m. The hours of operation
must be displayed in a conspicuous place in the lobby within the massage establishment and in
any front window clearly visible from outside the establishment.
(c)Any massage establishment or business shall maintain on its premises evidence for review by
local authorities that demonstrates that all persons providing massage services are certified by
the California Massage Therapy Council.
(d) Massage therapists and massage practitioners 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.
(e) Areas where massages are to be performed shall be separated by a non-lockable door unless
there is no staff available to assure security for clients and massage staff who are behind closed
doors. Said door shall not be equipped with a"peep hole"or any other device that allows anyone
to see into or out of this room when the door is closed.
(f) 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.
(g) 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 Orange County 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.
(h) Instruments utilized in performing massage shall not be used on more than one (1)patron
unless they have been sterilized using approved sterilizing methods.
(i) 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.
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(j) The owner or operator of the massage establishment shall keep a complete and current list of
the names and CAMTC Certificate numbers of all massage therapists, massage practitioners 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.
(k)No part of the establishment shall be used for residential or sleeping purposes.
(1) Every massage establishment shall be open during hours when massage is being provided for
inspection by any officer of the City of Huntington Beach.
(m)All doors leading into a massage establishment or area where massages are being performed
shall remain unlocked during business hours unless there is no staff available to assure security
for clients and massage staff who are behind closed doors.
(n) The Owner shall have a continuing obligation to notify the Chief of Police in writing of any
changes in massage practitioners and owners, operators or staff within seven (7) calendar days of
such change.
(o) Every massage business owner or operator shall report in writing immediately to the Chief of
Police any and all changes of address or ownership of the massage business.
SECTION 10. Section 5.24.055 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.055 Outcall Massages. No outcall massage, which is a massage in a private residence or at
a location which does not regularly provide or permit massage, shall be conducted in a hotel or
motel room, or in the private residence of the Certified Massage Practitioner. No outcall
massage may be provided in a private residence or business not regularly providing massage
services between 11 p.m. and 8 a.m. Notwithstanding the foregoing, a Certified Massage
Practitioner is permitted to provide outcall massage services at a private residence so long as it is
not the private residence of the Certified Massage Practitioner and is not provided between 11:00
p.m. and 8:00 a.m.
SECTION 11. Section 5.24.060 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.060 Massage Establishment-Prohibited Conduct:
(a) No alcoholic beverages shall be sold, served, or furnished on the premises of any
massage establishment without a valid alcoholic beverage license from the State and conditional
use permit from the City.
(b) During the hours of operation, visitors shall not be permitted in massage therapy rooms
except as follows: (1)the parents or guardian of a patron who is a minor child may be present in
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the massage therapy room with that minor child; (2)the minor child of a patron may be present
in the massage therapy room with the patron when necessary for the supervision of the child; or
(3) the conservator, aid or other caretaker of a patron who is elderly or disabled may be present
in the massage therapy room with that elderly or disabled person.
(c) No operator shall hire, employ or allow a person to perform massage services unless such
person possesses a valid CAMTC Certificate. Each Operator of a massage establishment shall
verify that all persons hold the appropriate State Certificate required by this Chapter.
(d) No electrical, mechanical or artificial device shall be used by any massage establishment
staff for audio and/or video recording or for monitoring the performance of a massage, of the
conversation of other sounds in the massage rooms, without the knowledge and written consent
of the patron.
(e) A massage therapist or massage practitioner 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 anyone.
(f) A massage therapist or massage practitioner shall be fully clothed at all times and
shall not expose their genitals, pubic area, buttocks, or in the case of female therapists or
practitioners, their breasts, and such practices shall not be allowed or permitted by
anyone.
(g) A massage therapist or massage practitioner 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 anyone.
(h) A massage therapist or massage practitioner 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 anyone.
SECTION 12. Section 5.24.065 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.065 Responsibility. The owner or operator of a massage business or establishment shall be
responsible for the conduct of all employees or independent contractors working on the premises
of the business.
SECTION 13. Section 5.24.070 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.070 Inspection by City officials and notices of violation.
(a) The investigating officials of the City, as designated by the Chief of Police, include, but are
not limited to, representatives of the City's Police Department, Finance Department, Fire
Department, Planning and Building Department and the County Health Officer, shall have
the right to enter the premises from time to time during regular business hours prior to the
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issuance of an Establishment Registration Certificate and subsequently for the purpose of
making reasonable inspections to enforce compliance with this Chapter and with building,
fire, electrical,plumbing, and/or health and safety regulations. In the event an
Establishment Registration Certificate has been issued, it may be revoked or suspended in
the manner hereinafter set forth in this Chapter.
(b) No person shall refuse to permit or interfere with, a lawful inspection or compliance check
of the premises by City or County officials.
(c) Whenever any City official inspects a massage business and finds that any provision of this
Chapter has been violated, he or she shall give notice of such violation by means of an
inspection report or other written notice including but not limited to issuing a citation for
each and every violation of this Chapter or other applicable laws. In any such notification,
the investigating person shall:
(1) Set forth the specific violation or violations found, and shall notify the Registered
Certificate Holder that failure to comply with any notice issued in accordance
with the provisions of this Chapter may result in the revocation or suspension of
the Establishment Registration Certificate.
(2) The Registered Certificate Holder may be issued a warning that any future
violation of this Chapter may result in suspension or revocation of the
Establishment Registration Certificate or the City officials may establish a
specific and reasonable period of time for the correction of the violation or
violations. No time to correct need be given for health and safety violations or
violation of criminal law.
(3) The Registered Certificate Holder and operator shall take immediate action to
correct violations and the City officials may re-inspect the business for
compliance.
SECTION 14. Section 5.24.075 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.075 Transfer of Establishment Registration Certificate.
An Establishment Registration Certificate shall not be transferrable between persons or business
owners. The change of business address shall be allowed on an Establishment Registration
Certificate,providing that the same persons are listed as the business owner, the new business
location complies with all provisions of this Chapter, and the location transfer fee is paid upon
request of transfer from one business location to another business location.
SECTION 15. Section 5.24.080 of the Huntington Beach Municipal Code is hereby
added to read as follows:
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5.24.080 Establishment Registration Certificate Expiration and Renewal.
An Establishment Registration Certification shall be valid for one year, coinciding with the city
business license effective and expiration dates.
SECTION 16. Section 5.24.085 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.085 Revocation or Suspension of Establishment Registration Certificate—Massage
Business.
(a) An Establishment Registration Certificate may be suspended or revoked upon any of the
following grounds:
(1) There is probable cause to believe an owner, operator, corporation, or partner who
owns five (5) percent or more of the massage business has committed a violation that
could have caused denial of the Establishment Registration Certificate.
(2) There is probable cause to believe a Registered Certificate Holder has made a
material misrepresentation on the application for an Establishment Registration
Certificate or renewal.
(3) There is probable cause to believe the Registered Certificate Holder has engaged in
conduct or operated the massage business or as a Massage Practitioner in a manner which
violates any of the provisions of this Chapter, any conditions of the Establishment
Registration Certificate, or any of the laws which would have been grounds for denial of
the Establishment Registration Certificate.
(4) The owner or operator of a Certified Massage Business employs or uses non-certified
massage technicians to perform massage services.
(5) Violations of this Chapter or of California Business &Professions Code section
4600, et seq. have occurred on the business premises.
(6) The Registered Certificate Holder has failed to comply with one or more of the health
and safety requirements under this Chapter.
(7) The Registered Certificate Holder has engaged in fraud, misrepresentation, or false
statements in obtaining or maintaining an Establishment Registration Certificate.
(b) No massage establishment shall be established at a location where a massage
establishment was closed due to conduct which violated any of the provisions of this
Chapter for 1 year.
13-3638/91838 13
Ordinance No.3973
SECTION 17. Section 5.24.090 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.090 Revocation or Suspension Hearing.
(a) Notice of revocation or suspension shall contain a statement of the violation(s)which
constitute the basis for suspension or revocation and information about the right to appeal
and the necessity of an appeal as a prerequisite to litigation. The Registered Certificate
Holder shall have ten(10) calendar days to appeal to the Chief of Police or Designee.
(b) A hearing shall be scheduled with the Chief of Police or Designee upon not less than ten
(10) calendar days notice to the Registered Certificate Holder.
(c) Notice shall be given by personal service or certified or registered mail to the address
shown on the last application or renewal. If reasonable attempts to otherwise serve are
not successful, service may be provided by first class mail.
(d) Service shall be deemed complete when personal service is made, when the certified
letter is delivered, or when the decision is mailed by first class mail.
(e) Unless otherwise specifically prohibited by law,the burden of proof is on the Registered
Certificate Holder/applicant in any hearing or other matter under this Chapter. Formal
rules of evidence shall not apply to the hearing.
(f) If the Establishment Registration Certificate is suspended or revoked,the Establishment
Registration Certificate shall be surrendered.
SECTON 18. Section 5.24.095 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.095 Appeals from Revocation, Suspension or Denial of Establishment Registration
Certificate.
(a) Appeals from any decision of the Chief of Police under this Chapter shall be in writing,
shall clearly state all applicable basis for the appeal, and shall be filed with the City Clerk not
later than fifteen(15) calendar days following the date of notice of the decision.
(b) The City Clerk shall not accept an appeal, and no hearing shall be held, unless the
appellant has paid a filing fee, in an amount set by resolution of the City Council,to defray the
cost of such appeal. Any appeal without the timely payment of fees shall be considered to be
untimely.
(c) The scope of the appeal hearing pursuant to this section shall be limited to those issues
raised by the appellant in the written appeal, as submitted pursuant to subsection(a) of this
section.
13-3638/91838 14
Ordinance No.3973
(d) Upon receipt of a timely filed appeal,the City Clerk shall set the matter for hearing
before the City Manager or Designee. The hearing shall be held not fewer than ten (10) calendar
days and not more than thirty(30) calendar days from the date of the appeal request. The
hearing may be continued from time to time upon the mutual consent of the parties.
(e) The appellant shall be provided with notice of the time and place of the appeal hearing, as
well as a copy of all relevant materials at least ten (10) calendar days prior to the hearing.
SECTION 19. Section 5.24.100 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.100 Reapplication After Denial. No reapplication for an Establishment Registration
Certificate will be accepted within one year after an application or renewal is denied or an
Establishment Registration Certificate is revoked, provided that, if an Establishment Registration
Certificate is denied for the sole reason that a massage practitioner does not possess a CAMTC
certification, reapplication may occur after CAMTC certification has been attained.
SECTION 20. Section 5.24.105 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.105 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 21. Section 5.24.110 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.110 Separate Violations. Each violation described in sections 5.24.045, 5.24.050, 5.24.055
and 5.24.060 shall constitute a separate violation and each violation may be charged as a separate
count in the event of administrative or criminal enforcement action.
SECTION 22. Section 5.24.115 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.24.115 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 shall 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.
13-3638/91838 15
Ordinance No.3973
SECTION 23. Section 5.24.341 is hereby added to Chapter 5.24, said section to read as
follows:
5.24.341 Severability. If any section, subsection,phrase or clause of this section is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion of this section.
The City Council declares that it would have adopted this ordinance and each section, subsection,
phrase or clause thereof irrespective of the fact that any one or more sections, subsections, sentences,
phrases or clauses be declared invalid.
SECTION 24. Sections 5.24.150, 5.24.160, 5.24.170, 5.24.225, 5.24.230, 5.24.235,
5.24.240, and 5.24.340 shall be deleted in their entirety.
SECTION 25. 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 15 t.h day of A r i to 5'2013.
Mayor
ATTEST: ,APPROVED TO FORM:
City Clerk VCit Att ey U(;-)
REVIEW D APPROVED: INITIA D AND APP D:
/� �AGTIA J 6
�/Copanager Chief olice
13-3638/91838 16
Ord. No. 3973
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 April 1,2013,and was again read to said City Council at a
Regular meeting thereof held on April 15,2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
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 April 25,2013.
Q2&J
In accordance with the City Charter of said City -
((Joan L. Flynn, Cily Clerk CU Clerk and ex-officio Jerk
/ ul •Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California