HomeMy WebLinkAboutAdopt Ordinance No. 3738 Amending Chapter 5.24 of the Code R (2) ` I
CITY OF HUNTINGTON BEACH 2006 MAY 24 Ph 6: S4
MEETING DATE: 6/5/06 DEPARTMENT ID NUMBER: I�''� I
T Y 01=
Council/Agency Meeting Held: rd s`/06
Deferred/Continued to: Ob
ICI A proved ❑ Conditionally Ap ro ed ❑ Denied City I rk's gignatuq
Council Meeting Date: 6/5/06 Department ID Number: CA-07
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: JENNIFER MCG , ity Attorney
PREPARED BY: JENNIFER MCGRA ity Attorney
SUBJECT: Adoption of Ordinance No..3:138 Amending Chapter 5.24 of the
Huntington Beach Municipal Code Relating to Massage
Establishments
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City Attorney is recommending that Huntington Beach Municipal
Code Chapter 5.24 be amended as to certain sections that pertain to the appeal process
once a massage technician or establishment permit has been revoked or suspended.
Funding Source: N/A
Recommended Action: Adopt Ordinance No.3732 Amending Chapter 5.24 of the
Huntington Beach Municipal Code Relating to Massage Establishments.
Alternative Action(s): Do not adopt Ordinance No. 3 7-3,
Analysis: Section 5.24.250 currently designates the Office of City Clerk as the department
to which an appeal is filed upon revocation or suspension of a massage technician or
establishment permit. We believe any appeal process regarding massage permits should
not involve the City Clerk's office and have removed reference to the City Clerk in this
section. The City Clerk is one of the departments indicated in Section 5.24.030 to receive
payment at the time an application for a massage permit is submitted to the Police
Department. Since the City Treasurer is the office designated to receive payments on
behalf of the City, the amendment to Section 5.24.030 removes reference to the City Clerk.
Section 5.24.260 is amended to revise the time limits required of the appellant as well as
the Office of City Attorney in the appeal process.
06-massage Chap 5-24 -2- /d 4/27/2006 5:35:00 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: J6/5/06 DEPARTMENT ID NUMBER: CA-07
We believe that these revisions will enhance the efficacy and fairness of the hearing
process.
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance No.-3238 An Ordinance of the City of Huntington Beach
Amending Chapter 5.24 of the Huntington Beach Municipal Code
Relating to Massage Establishments
2. Legislative Draft of Chapter 5.24
06-massage Chap 5-24 -3- 4/25/2006 5:40:00 PM
ATTACHMENT # 1
ORDINANCE NO. 3738
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. (2395-11179, 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 1 9th day of ,Tune , 200 6
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk VCity Attorney U ,Y18�b6
REVIEWED AND APPROVED: INITIATED AND APPROVED:
r ^Y J
e'ix_
City Administrator r City Attorney s71elex
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
1,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
Joan L. Flynn,City, Clerk Cit Jerk and ex-officio CUrk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
ORDINANCE NO.
LEGISLATIVE DRAFT
Chapter 5.24
MASSAGE ESTABLISHMENTS
(1213-6/66, 1293-3/67,2007-10/75,2187-6/77, Urg.2361-3/79, Urg.2394-8/79, 3173-10/92,3267-9/95, 3467-6/00,
3694-2/05, 3716-7/05)
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 -- Ord 3267-9/95
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
5.24.125 Employed Massage Technicians
5.24.130 Massage technician--Permit--Issuance
5.24.140 Repealed -- Ord 3267-9/95
5.24.150 Exemptions
5.24.160 Massage establishment--Facilities
5.24.170 Massage establishment operation(3716-7/05)
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
5.24.225 Other business establishments providing massage
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
5.24.275 Administrative Hearing Decision
5.24.280 Repealed -- Ord 2726-10/84
5.24.285 Right to Judicial Review
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,
legisdrft/me0524 1
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. (3467-6/00)
(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. (2395-11/79,
2466-2/81, 3267-5/95)
(d) "Qualified Massage Association"means any association which meets the following
criteria: (3267-5/95)
(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. (3267-9/95)
(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.
(3267-9/95)
(3) Is open to members of the general public meeting the requirements for membership
on a national basis. (3267-9/95)
(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. (3267-9/95)
(5) The Association has established rules of ethics and has enforcement procedures for
the suspension or revocation of membership for violation of such rules. (3267-9/95)
(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. (3267-9/95)
(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. (3267-9/95)
(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. (3267-9/95, 3467-6/00)
(g) "Owner"means the individual(s) whose name appears on the City of Huntington Beach
business license. (3267-9/95)
legisdrf/mc0524 2
(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. (3267-9195)
(i) "Customer area"means areas open to customers of the establishment. (3267-9/95)
(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). (3267-9/95)
5.24.020 Massage establishment and Massage Technician--Permit require . 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. (2395-11/79, 3267-9/95)
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 rio,.v +�o
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)
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. (3267-9/95)
(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
legisdrWmc0524 3
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: (2395-11/79, 3267-9/95)
(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. (2395-11/79, 3267-9/95)
(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. (2395-11/79, 3267-9/95)
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. (2395-11/79, 3267-9/95)
(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. (2395-11/79,
3267-9/95)
(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. (3267-9/95)
(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. (3267-9/95)
(n) 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. (2395-11/79, 3267-9/95, 3467-6/00)
(o) The Chief of Police shall require the applicant to furnish fingerprints. (2395-11/79,3267-9/95,
3467-6/00)
(p) Proof of actual malpractice insurance coverage or the ability to qualify for professional
malpractice insurance. (3267-9/95, 3467-6/00)
5.24.050 Massage 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. (2395-11/79, 3267-9/95)
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
legisdrW=0524 4
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: (2395-11/79, 3267-9/95)
(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. (2395-11/79, 3267-9/95)
(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 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. (2395-11/79, 3267-9/95)
(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. (2395-11/79,
3267-9/95)
(g) The applicant is at least eighteen (18)years of age. (2395-11/79, 3267-9/95)
(h) The applicant has not engaged in conduct which would constitute grounds for suspension or
revocation under this chapter. (2395-11/79, 3267-9/95)
(i) The applicant has shown proof of malpractice insurance and has complied with all other city
ordinances pertaining to insurance coverage. (3267-9/95)
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.
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.
(2395-11/79,2726-10/84, 3267-9/95)
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. (2395-11/79, 3267-9/95)
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
legisdrft/mc0524 5
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. (2395-11/79, 3267-9/95)
An application for a permit does not authorize acting as a massage technician until a permit has
been granted. (2395-11/79)
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 or in the case of
persons providing massage at various locations throughout the City, a permanent address other
than a post office box, associated with the business, usually the location for which a City
business license has been issued. (2395-11/79, 3267-9/95, 3694-2/05)
(a) Those individuals are companies providing massage at various locations throughout the City
must possess a valid Massage Permit, and a Business License. (3694-2/05)
(b) Address of record on the Massage Permit and Business License must be the permanent
address of permitted person(s), no post office boxes or private mailboxes will be accepted.
(3694-2/05)
(c) No massage, for a fee, shall be done at the residence of the permitted massage technician or
in any hotel or motel room in the City. (3694-2/05)
(d) This section includes all definitions of massage as indicated under 5.24.010(a),and includes
Chair Massage Therapy. (3694-2/05)
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. (2395-11/79,
2777-7/85, 3267-9/95)
5.24.125 Employed Massage Technicians. Massage technicians who are employed by any
licensed practitioner listed under Section 5.24.150 are not required to be permitted through the
City of Huntington Beach. An employed massage technician must be working under the
practitioner's license and the licensed practitioner must be present at least 50% of the time at the
licensed establishment during the times the massage technician is employed and caring for
patients. To qualify for this exemption, all massage technicians must be employed by a
practitioner listed in Section 5.24.150 and their employment must be verified by an application,
wage slips, W2 or W4 tax documents. An employed massage technician shall not receive monies
paid per individual massage or tips. All documentation showing employment of massage
technicians shall be kept by the practitioner for a period of not less than three years. This
exemption does not apply to independent contractors. (3694-2/05)
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 the following requirements have been
met: (2395-11/79, 3267-9/95, 3694-2/05)
(a) The applicant has successfully completed a minimum of 500 hours of instruction in massage
or physical therapy at a recognized school of massage, or physical therapy prior to issuance of
the permit. Applicant must produce a transcript evidencing such successful completion of
training. (3694-2/05)
(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. (2395-11/79,
3267-9/95)
legisdrft/mc0524 6
(c) 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. (3267-9195,3694-2105)
(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. (3267-9/95, 3467-6/00)
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.
5.24.150 Exemptions. Exemptions do not apply to independent contractors of the listed
exempted professionals. Each independent contractor must possess a valid massage technician
permit. 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: (2395-11/79,
3267-9/95, 3694-2/05)
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly
licensed to practice in the state of California. (3467-6/00)
(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. (3467-6/00)
(c) Registered or licensed vocational nurses duly registered by the state of California. (3694-2/05)
(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. (3694-2/05)
(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.
(2395-11/79)
(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. (3694-2/05)
(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
professional, as defined in this section, must be present at all times when a student is
performing their duties. (3694-2/05)
5.24.160 Massage establishment--Facilities. Every massage establishment shall maintain
facilities meeting the following requirements:
legisdrft/mc0524 7
(a) Sim- 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. (3267-
9/95, 3694-2/05)
(c) Equipment- adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided. (3694-2/05)
(d) Water- hot and cold running water shall be provided at all times. (3694-2/05)
(e) 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. (2395-11/79, 3267-9/95,
3694-2/05)
(f) 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. (2395-1 1/79, 3267-9/95, 3694-2/05)
(g) Bathing, dressing, 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. (3694-2/05)
(h) 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 Orange County
Health Department. (3694-2/05)
5.24.170 Massage 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. (2395-11/79,3267-9/95, 3467-6/00)
(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. (3467-6/00)
(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 provider
possesses a valid permit under this Chapter. (3467-6/00,3694-2/05)
(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. (2395-11/79, 3267-9/95, 3467-6/00)
(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.
legisdrft/mc0524 8
(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. (2395-11/79, 3267-9/95)
(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. (3267-9/95)
(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. (3267-9/95)
(g) Areas where massage is to be performed shall be separated by a non-lockable door. 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. (3694-2/05)
(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. (2395-11/79, 3267-9/95)
(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. (2395-11/79, 3267-9/95)
(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. (2395-11/79, 3267-9/95)
(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. (2395-11/79,3267-9/95)
(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. (3267-9/95)
(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. (3267-9/95)
(n) The owner/operator of each massage establishment shall file with the City, 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. (3267-9/95, 3716-7/05)
legisdrfi/mc0524 9
(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. (3267-9195)
(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. (2395-11/79, 3267-9/95)
(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. (2395-11/79,
3267-9/95, 3467-6/00)
(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. (2395-11/79, 3267-9/95)
(s) No massage establishment shall simultaneously operate as a school of massage, or share
facilities with a school of massage. (2395-11/79, 2466-2/81, 3267-9/95)
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 permit renewal shall contain
the same information as required under this chapter for the original application. (2395-11/79,
3267-9/95)
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. (2395-11/79, 3267-9/95)
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. (2395-11/79)
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. (2395-11179,
3267-9/95)
legisdrft/mc0524 10
(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. (2395-11/79, 3267-9/95)
5.24.225 Other business establishments providing massage. Those businesses that provide
massage, as defined herein, to paying customers, said service representing less than fifty percent
(50%) of the activity carried on at the business, must comply with Sections 5.24.160 (a)-(g), and
(i), and 5.24.170 (a), (b), (e), (f), (h), (i), 0), (k), (p), (q), (r) and (s) of this Chapter. (3694-2/05)
(a) No massage, as defined in this Chapter, shall be provided in a hotel or motel room or in a
private residence or business not providing massage services without a permit issued
pursuant to this Chapter. (3694-2/05)
(b) In a private residence or business not providing massage services, no massage may be
provided between 7:00 p.m. and 8:00 a.m. (3694-2/05)
(c) In the case of a business which does not provide massage services: (3694-2/05)
1. No alcohol may be served any where on the premises where a massage is being
performed; (3694-2/05)
2. Both patron and technician must be fully clothed; (3694-2/05)
3. No massage shall be performed behind closed doors. (3694-2/05)
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.
(2395-11/79, 3267-9/95)
(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. (2395-11/79,
3267-9/95)
(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. (2395-11/79, 3267-9/95)
(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). (2395-11/79, 3267-9/95, 3467-6/00)
(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. (2395-11/79, 3267-9/95)
(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.(2395-11/79, 3267-9/95)
legisdrft/mc0524 1 1
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. (2395-11179, 2726-140/84)
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.
(2395-11/79,2726-10/84, 3173-10/92, 3267-9/95, 3467-6/00)
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)
The pefmit4ee shall be pfavided with wfitten nefiee by fifst elass mail,postage pfePaid, of stle.h.
riirri�nri ation. The pefmitto may file an appeal ,it1, the City C;Ie k „ hi f ft
filed,(15) days of the da4e of mailing of the notiee of denial, -if feveeation. in the even
appeal is fitnely
been fendefed by the City
of his designee, tffiless peffflittee has fequested
the stispe i - 3eafien shall not take effeet tifAil final deeision has.
eenti uanee, aspfevided elsewherein this ,•L,apte If no appeal is-filed,he suspension er-eveeatian shall beeeme effeetive upen expir-a4ien of the period fef filing appeals. �
-'�
/2395 1 1/70
tz-v�vrrr,
2726 10/84 2777 7/86)
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 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.
(b) (c)To be effective and complete, the request must be received by the City Attorney within 4-5Ypo days of the date the written notice of decision was feeeived 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)
legisdrft/mc0524 12
(c) (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)
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.
(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. (2395-11/79, 2726-10/84)
(d) The hearing shall be conducted by a Hearing Officer either: (i) on the date, time and place
specified in the notice, or(ii) on the date designated on the original notice of decision by the
Chief of Police. (3694-2/05)
(e) The City Attorney's Office or the City Attorney's designee shall ensure that the pertinent
records are delivered to the Hearing Officer for the hearing. The City Attorney's Office, or
the City Attorney's designee, shall also make available to the appellant before the hearing a
copy of any additional reports that are provided to the Hearing Officer. (3694-2/05)
(f) Any reports prepared by the Police Department concerning the denial, suspension, or
revocation of the permit that are provided to the Hearing Officer shall be accepted by the
Hearing Officer as prima facie evidence of the reasons for such action on the permit and the
facts stated in such documents. (3694-2/05)
(g) Neither the Police Officer who denied, revoked or suspended the permit nor any other
representative of the City shall be required to attend the hearing, nor shall the Hearing Officer
require that there be submitted any evidence, other than the reasons for denial stated in the
documents presented to the Hearing Officer,that may exist among the public records of the
City. However, any such appearance and/or submission may be made at the discretion of any
City employee or agent. (3694-2/05)
(h) The Hearing Officer may continue a hearing if a request is made showing good cause by the
appellant or a representative of the City. All continuance requests shall either: (i) be made in
person at the hearing by the appellant or his or her representative if the appellant is physically
unable to attend, or(ii)be made by a written request received by the City Attorney at least 24
hours before the hearing date. If the continuance is granted, a new hearing date shall be set
within 45 days. If the continuance is denied, the hearing shall proceed then and there as
scheduled, and if the appellant is not present the request(s) shall be deemed abandoned in
accordance with the subsection below. The Hearing Officer's decision is final and he or she
legisdrf/mc0524 13
shall either personally give the Notice of Decision to the appellant or the representative if
present at the end of the hearing or request that the notice be mailed by the City Attorney.
(3694-2/05)
(i) The hearing shall be conducted informally and the legal rules of evidence need not be
followed. The Hearing Officer does not have the authority to issue a subpoena. (3694-2/05)
0) Abandonment of the request for hearing, constitutes a failure to exhaust administrative
remedies. (3694-2/05)
5.24.275 Administrative Hearing Decision.
(a) After considering all the evidence and testimony submitted at the administrative hearing,the
Hearing Officer shall issue a written decision to uphold or reverse the decision on the permit.
The Hearing Officer has no discretion or authority to issue a permit. The decision will be
made on a Notice of Decision form and will state the reasons and evidence considered for the
decision. The decision of the Hearing Officer shall be made at the conclusion of the hearing
and shall be final. The Notice of Decision for the Administrative Hearing shall be delivered
to the appellant at the conclusion of the hearing. (3694-2/05)
(b) The Hearing Officer's continued employment,performance evaluation, compensation,and
benefits shall not directly or indirectly be linked to the decision rendered. (3694-2/05)
5.24.285 Right to Judicial Review.
(a) The appellant may seek judicial review of the Administrative Hearing decision by filing an
appeal with the West Justice Center of the Superior Court within 20 calendar days after the
appellant receives a copy of the Notice of Decision at the conclusion of the hearing. The
appeal filed with the court must also contain a proof of service showing a copy of the appeal
was served upon"City of Huntington Beach(Attention: City Attorney)." (3694-2/05)
(b) The City Attorney shall forward to the Court within 15 days of its request, the pertinent
documents for any case appealed to that court. (3694-2/05)
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 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. (2395-11/79, 3267-9/95)
legisdrWmc0524 14
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopting Ordinance to Amend Chapter 5.24 Massage
Establishments
COUNCIL MEETING DATE: -6 s 06
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorne ) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorne ) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED TORV ARDED
Administrative StaffPJAZY
Assistant City Administrator Initial
City Administrator (initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below • . For Only)
RCA Author: KC
PROOF OF PUBLICATION
STATE OF CALIFORNIA) CITY OF HUNTINGTON 'J
BEACH
ss. LEGAL NOTICE
COUNTY OF ORANGE opted b $9 Ci Cou
`Adopted 6y the(ity(ouecil
on JUNE 19,2006
Citizen
ORDINANCE OF THE,
I am a Citizen of the United States and a CITY OF HUNTINGTON
BEACH ' AMENDIN'G'
E ,CHAPTER 5.24 OF THE
resident of the County aforesaid; I j am HUNTINGTON BEACH
�- Y. - ' _ __,�_- MUNICIPAL.,CODE_RE7+
over the age of eighteen years an riot a LATING' TO :MASSAGE
'
I . ESTABLISHMENTS"
party, to or interested in the below entitled SYNOPSIS:
SECTION 5.24.250
matter. I am a principal clerk of I the HAD DESIGNATED•,THE
OFFICE 'OF'THE ,CITY
CLERK AS.THE DEPART-
:HUNTINGTON BEACH INDEPENDENT, MENT TOVWHICH AN
,}
'
a newspaper of general circulation, APPEAL .,WAS'- FILEDUPON REVOCATION OR
SUSPENSION OF A'
printed and published in the City of MASSAGE TECHNICIAN
OR, ESTABLISHEMENT
Huntington Beach, County of Orange P"E R M-fT 1 'T H E
AMENDMENT TO SEC-
TION TION 5.24.250 'ARE
Slate of California, and ' that that attached MOVES.REFERENCE TO
THE CITY CLERK.
Notice is a true and complete copy as THE CITY ;CLERK IS
ONE OF THE DEPART-i
was printed and published in the MENTS' INDICATED AN
SECTION 5.24.030 TO
Huntington Beach issue of said RECEIVE'PAYMENT AT
THE TIME AN APPLICA-
TION FOR A,MASSAGE
newspaper to Wit the Issue(s) of. PERMIT IS SUBMITTED.
TO THE. POLICE •DE-',
PARTMENT. SINCE THE'
CITY TREASURER IS THE.
OFFICE DESIGNATED TO'
RECEIVE'.PAYMENTS
ON BEHALF OF THE
C -1-T-Y T,-WE
AMENDMENT TO SEC-
ON 5.24.030 RE-
;MOVES REFERENCE-TO
THE CITY CLERK.
SECTION 5 24.2601S '
AMENDED`-TO REVISE <
THE TIME LIMITS -RE
OUIRED,OF THE APPEL-
LANT AS WELL'AS THE {
OFFICE; OF CITY- AT- 111111
TORNEY IN THE .AP-
I declare, under,penalty of perjury, that}{,at PEAL PROCESS..
COPIES 06:THIS OR-
the foregoing is true and'Correct. ABLE E ARE"AVAIL-
JN THE CITY
CLERK'S OFFICE.' '
RAS`SED.,,.AN D
ADOPTED 'by the City-
Executed on JJ» 29,20M. Council of the,City of
Huntington Beach at a
{regular meeting held
at Costa Mesa, California. June_19; 2006 by: the
following roll call voter
. AYES Bohr, Green,
'Sullivan, Hardy, Hansen,
(Gook
NOES:None
ABSENT:Coerper ,
This ordinance is ef-
signature fective 30 days after f
adoption. 1
CITY OF HUNTINGTON,
BEACH
2000 MAIN STREET l
'HUNTINGTON BEACH,
CA,92648
714-536-5227
JOAN L.FLYNN,CITY
CLERK
Published ,Huntington
Beach Independent June
292006 ' 065-414
' I