HomeMy WebLinkAboutApprove for introduction Ordinance No. 4049 amending Chapter / Dept. ID PD 15-003 Page 1 of 3
Meeting Date:3/16/2015
7Z7. _o
tl' CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 3/16/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
SUBJECT: Approve for introduction Ordinance No. 4049 amending Chapter 5.24 of the
Huntington Beach Municipal Code (HBMC) relating to Massage Establishments
Statement of Issue:
Transmitted for your consideration is a proposal to amend Chapter 5.24 of the Huntington Beach
Municipal Code. The proposed amendment augments current state law and enhances the City's
ability to regulate massage businesses operating in Huntington Beach.
Financial Impact:
Not applicable
Recommended Action:
Approve for introduction Ordinance No. 4049, "An Ordinance of the City of Huntington Beach
Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to Massage
Establishments."
Alternative Action(s):
1. Deny the recommended amendment to Municipal Code Chapter 5.24 retaining current law
as written.
2. Continue amendment to Municipal Code Chapter 5.24 and direct staff accordingly.
Analysis:
In November, 2009, the City Council approved regulatory changes with regard to massage
establishments to comply with newly enacted state law resulting in California Business and
Professions Codes 4600, et seq. These laws significantly reduced local governments' regulatory
authority in licensing, permitting, and land use by the formation of a State operated, non-profit
agency with legislative oversight called the California Massage Therapy Council (CAMTC). Most of
the licensing and monitoring responsibilities were transferred from the City to the State with the goal
of achieving consistency in the application of rules and regulations with respect to business
individuals involved in the massage therapy field. The changes approved by the City Council
included modifications to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and
Municipal Code Chapter 5.24 to bring the City's regulations into compliance with State Law.
In April 2013, the City Council approved further changes to the Huntington Beach Municipal Code,
Chapter 5.24 with regard to the regulation of massage establishments. These changes were
necessitated by the substantial increase in the number of massage establishments in Huntington
Beach as well as the existing regulatory scheme proving to be largely ineffective. The number of
massage establishments located in Huntington Beach had grown from nine (9) to sixty five (65)
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Meeting Date:3/16/2015
during that time period. Based on information from the Police Department, illicit sexual activity
taking place in massage establishments had also increased dramatically, as had the potential for
human trafficking often associated with the illicit sex trade.
In spite of the changes made to the Huntington Beach Municipal Code in April 2013, the number of
massage establishments has continued to increase to over seventy (70). The Police Department
has recent information indicating illicit sexual activity is still taking place in massage establishments
in Huntington Beach. While these changes in the Municipal Code increased the city's ability to
regulate massage establishments, changes to the law governing massage establishment regulation
were necessary in order to provide the city more meaningful ability to regulate their operation and
zoning.
In September 2014, changes were enacted to the sections of the Business and Professions Code
that regulate massage establishments (Sections 4600 et seq.). These changes were the result of
considerable effort by a multitude of municipal staff members from across the state, along with
Huntington Beach, the California League of Cities Staff, and state legislators who ultimately crafted
Assembly Bill 1147. The Legislative Counsel's Digest stated, "It is the intent of the Legislature that
broad control over land use in regulating massage establishments be vested in local governments
so that they may manage those establishments in the best interests of the individual community,
and that the requirements and practice of the profession of massage therapy remain a matter of
statewide concern, regulation and oversight."
With the ability to enforce additional reasonable controls the Planning, Finance, and Police
Departments worked with the City Attorney's Office to draft a proposal to provide for additional
regulation of massage establishments to the extent now allowable under state law. Some
provisions previously removed from our Massage Ordinance have been placed back into the
proposed ordinance. Other provisions have been developed based on past experience and still
others have been borrowed from cities facing similar challenges in regulating the operation of
massage establishments.
The proposed ordinance is submitted for your consideration and contains, but is not limited to,
some of the below listed provisions:
Additional Establishment Registration Certificate Approval Requirements
• New massage establishments cannot be located within 1,000 ft. of existing establishment.
• Existing establishments within 1,000 ft. are not required to relocate.
• Establishments within 1,000 ft. of each other may not transfer ownership.
Modified Operational Conditions
• All certificate holders must wear their CAMTC issued identification card on the outside of
their clothing and in plain view as a name badge at all times while on the premises. All non-
CAMTC certified employees of the establishment or independent contractors working at the
establishment must wear a name badge displaying their true and complete name on it at all
times while on the premises.
• Reduced operating hours from 8:00 AM -11:OOPM to 9:00 AM to 10:00 PM.
• Modified the clothing requirements of massage practitioners to match new statute.
• Required the establishment manager to be on-site during all business hours.
• Clarified the establishment shall not be used for residential or sleeping purposes.
• Clarified only the owner, employees, and patrons are allowed in the establishment during
operating hours. Friends, family, and visitors are not allowed in the premises while it is
open for business.
• Required a notice regarding privacy to be posted in each establishment.
• Required a Human Trafficking Notice to be posted in establishment.
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• Required that a list of services offered be posted in each establishment.
• Clarified that in order to perform massage on the breasts of a female patron the
establishment must have written consent from the patron and a referral for such treatment
from a licensed California health care provider.
• Prohibited sexually suggestive advertising and the use or possession of adult oriented
merchandise including condoms.
Added to the conditions under which an Establishment Registration Certificate may be
Suspended or Revoked
• Increased the amount of time a property owner may be restricted from renting to a massage
establishment which has had its Establishment Registration Certificate (ERC) revoked or
surrendered due to misconduct from 12 months to 24 months.
Reapplication for ERC after denial
• Changes the reapplication period from 12 months to 24 months.
Upon adoption of the amended ordinance, all existing massage establishment owners conducting
business in the City of Huntington Beach will have to comply with all operational requirements of
this chapter. Upon initial application for a new establishment or a request for renewal for an
existing establishment, those locations will be required to comply with the new conditions of
application for an Establishment Registration Certificate.
City Staff who worked on these ordinance modifications believe the requirements and conditions of
this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the
City. The restrictions in this chapter are intended to reduce the burden of massage establishment
regulation on city staff, as well as discourage massage establishments from degenerating into
houses of prostitution. The means utilized in this chapter bear a reasonable and rational
relationship to the goals we seek to achieve.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachmentlsl:
1. Ordinance No. 4049, "An Ordinance of the City of Huntington Beach Amending Chapter
5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments"
xB -577- Item 19. - 3
ORDINANCE NO. 4049
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. Chapter 5.24 of the Huntington Beach Municipal Code is hereby amended
to read as follows:
Chanter 5.24
MASSAGE ESTABLISHMENTS
Sections:
5.24.010 Definitions
5.24.015 Authority
5.24.020 Establishment Registration Certificate
5.24.025 Application for Establislunent Registration Certificate
5.24.035 Approval or Denial of Establislment Registration Certificate
5.24.040 Transfer of Establishment Registration Certificate
5.24.045 Establisturient Registration Certificate Expiration and Renewal
5.24.050 Revocation or Suspension of Establishment Registration Certificate
5.24.055 Establishment Registration Certificate Revocation or Suspension Hearing
5.24.060 Re-Application after Denial
5.24.065 Exemptions
5.24.070 Massage Establishment Requirements
5.24.075 Massage Establishment Operation
5.24.080 Outcall Massages
5.24.085 Massage Establistir lent—Prohibited Conduct
5.24.090 Inspection by Officials
5.24.095 Violation—Penalty
5.24.100 Separate Violations
5.24.105 Unlawful Operation Declared Nuisance
5.24.110 Severability
5.24.010 Definitions
"Applicant" means an individual or business seeking to open a Massage Establishment in
Huntington Beach, who maintains a current CAMTC Certification or will employ only CAMTC
Certified Massage Therapists, and is applying for an Establishment Registration Certificate from
the City.
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"California Massage Therapy Council" or"CAMTC"means the organization created by the
State of California, pursuant to Division 2, Chapter 10.5 of the Business and Professions Code,
to regulate massage businesses, training, practices, and techniques.
"City"means the City of Huntington Beach.
"Establishment Registration Certificate" means a City permit issued by the Police Chief to
operate a Massage Establishment in Huntington Beach.
"Manager" (or "Operator") means the person(s), who is 18-years of age or older, managing day-
to-day operations of a Massage Establishment. A Manager must be an employee or Owner of
the Massage Establishment. A Manager may not be an independent contractor of the Massage
Establishment.
"Massage Establishment" means any massage business located in, and permitted by, the City,
including a Sole Provider, where Massage Therapy for compensation occurs. Massage
Establishments must possess all City permits and licenses including a City Business License, and
an Establishment Registration Certificate.
"Massage Therapy" (or"Massage") means any method of person-to-person contact by a
Massage Therapist that involves pressure on, friction against or stroking,kneading, rubbing,
tapping, pounding, or vibrating the external parts of the human body, except for genitals. These
person-to-person contact methods may include use of a Massage Therapist's hands, the aid of
any mechanical or electrical apparatus or appliance, and/or other similar preparations commonly
used in this practice.
"Massage Therapist" means any person who is 18-years of age or older, who maintains a
current CAMTC Certificate pursuant to Division 2, Chapter 10.5 of the California Business and
Professions Code.
"Owner" means the individual or corporation listed as the Owner on the City Business License.
"Police Chief" means the Police Chief of the Huntington Beach Police Department or his or her
designee.
"Sole Provider" means a massage business where the Owner owns 100 percent of the business,
is the only person who provides Massage Therapy for compensation for that business, and
maintains a current CAMTC Certificate.
5 24 01$Authority
A. This Chapter is intended to supplement State Law, including Division 2, Chapter 10.5 of
the Business and Professions Code, Government Code Section 51034, and any other
applicable State Law, for the regulation of massage businesses.
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B. The Police Chief has the authority, at his sole discretion and without prejudice to the
aforementioned State Laws, to permit, inspect, or otherwise regulate Massage
Establishments established in Huntington Beach. The Police Chief may revoke, suspend,
or"deny any Establishment Registration Certificate. Any and all of these rights and/or
duties provided to the Police Chief by this Chapter are delegable at his or her discretion
to other City authorities, departments, or agencies.
5 24 020 Establishment Registration Certificate
All Massage Establishments seeking to open and/or conduct business in Huntington Beach must
first obtain an Establislunent Registration Certificate. It is unlawful to open or operate a massage
business in Huntington Beach without having first obtained an Establishment Registration
Certificate.
5 24 025 Application for Establishment Registration Certificate
A City-provided application form must be completed before obtaining an Establishment
Registration Certificate. The Applicant must provide all information required on the application,
provide any supplemental information requested by the City, and attest under penalty of perjury
that all information presented on the application is true and correct.
A. All Applicants must submit to, and participate in, a background check either by the City
or as part of his or her prior CAMTC Certification. No Establishment Registration
Certificate will be issued if the background check reveals any of the following:
l. The Applicant has been convicted of any felonry, or conspiracy to commit, or
attempt to commit, the same, as defined by Federal or State law; or
2. The Applicant has been convicted of any misdemeanor, or conspiracy to commit,
or attempt to commit, the same, which is sexual in nature, as defined by State
and/or local law; or
3. The Applicant has been convicted of any crime of moral turpitude, or conspiracy
to commit, or attempt to commit, the same, as defined by State and/or local law;
or
4. The Applicant has 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 years; or
5. The Applicant has been subject to an injunction for nuisance, as defined by State
or local laws, within the last five years.
B. The Applicant shall provide the non-refundable Establislnnent Registration Certificate
application fee at the time the application is submitted in an amount established by
Resolution of the City Council.
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C. Upon receipt of the completed Establishment Registration Certificate application,the
Police Chief will commence an application review and background check, if applicable.
The Police Chief will approve or deny the application within 60 days. If 60 days pass
without a response from the Police Chief, the application is automatically deemed denied.
5 24 035 Approval or Denial of Establishment Registration Certificate
A. An Establishment Registration Certificate may be issued by the Police Chief to any
Applicant that demonstrates all of the following:
1. The Applicant's background check does not reveal violations contemplated by
Section 5.24.025(A) of this Chapter; and
2. For new Massage Establishments, the proposed location for the Massage
Establishment is no fewer than 1,000 feet from another Massage Establishment as
measured from the property lines. For existing Massage Establishments that are
located within 1,000 feet of another Massage Establishment at the time this
Chapter is enacted, those Massage Establishments are not required to relocate but
are subject to the provisions of this Chapter for continued operation, transfer of
ownership, and/or sale of the Massage Establishment; and
3. The Massage Establislunent complies or will comply with all applicable Federal,
State, and local laws, including the City's Building Codes, Zoning Codes, State
Health Regulations, and all requirements of this Chapter; and
4. The Applicant possesses a valid City Business License; and
5. The Applicant truthfully, accurately, and completely provided all information,
assurances, and/or documentation required by the City on the Establishment
Registration Certificate application and/or additional information required by the
Police Chief; and
6. The Massage Establishment employs only CAMTC Certified Massage Therapists.
B. The Applicant for the Establislunent Registration Certificate may be denied for failure to
satisfy any of the requirements in this Chapter.
5 24 040 Transfer of Establishment Registration Certificate
An Establishment Registration Certificate is generally not transferrable. Transfers may be
granted at the sole discretion of the Police Chief and no transfer of an Establishment Registration
Certificate will be allowed in the event that a Massage Establislunent has pending investigations,
reviews, or citations; or in certain instances where Massage Establislunents are located within
1,000 feet of another Massage Establishment.
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5.24.045 Establishment Registration Certificate Expiration and Renewal
An Establislunent Registration Certificate shall be valid for one year; renewals will be required
thereafter. Term of renewal will coincide with the dates appearing on the Applicant's City-
issued Business License.
5.24.050 Revocation or Suspension of Establishment Registration Certificate
A. In addition to civil and criininal penalties, Establishment Registration Certificates may be
suspended or revoked upon any of the following grounds:
l. The City has determined that a Establishment Registration Certificate holder has
made a material misrepresentation on the application for an Establishment
Registration Certificate or renewal; or
2. The City determines that the Establishment Registration Certificate holder has
violated any of the provisions of this Chapter, or for any violation of Federal,
State, or local laws, or any conditions of the Establishment Registration
Certificate; or
3. Any employee or independent contractor of the Massage Establishment violates
any provisions of this Chapter.
B. The provisions of this Chapter shall apply to all existing Establislunent Registration
Certificates regardless of the date any Establishment Registration Certificate was issued.
C. No Massage Establislunent shall be opened at the same address where a Massage
Establishment was closed and/or Establishment Registration Certificate revoked in
violation of any provision of this Chapter, or for any violation of Federal, State, or local
laws, for at least 24 months at location(s) where the closure(s) occurred.
D. Following suspension or revocation, the Police Chief may post a notice of revocation or
suspension on the premises, and the notice shall state the reasons for the revocation or
suspension. The Police Chief may direct the premises to be closed and/or locked, thereby
prohibiting any public access.
E. It is unlawful for any person to conduct the business of a Massage Establishment after the
Establishment Registration Certificate has been suspended or revoked.
5 24 055 Establishment Registration Certificate Revocation or Suspension Dearing
Notice of a revocation or suspension by the City of an Establishment Registration Certificate will
be provided to the Establishment Registration Certificate holder and will contain a statement of
the violation(s) that constitute(s) the basis for such revocation or suspension. The notice will
also include infonnation regarding the steps that must be taken for an appeal.
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A. Appeals to the Police Chief raider this Chapter shall be in writing, shall clearly state all
applicable grounds for-the appeal, and shall be filed with the City Clerk not later than 15
calendar days following the date of notice of revocation or suspension issued by the
Police Chief.
B. The City will not accept an appeal, and no hearing may be conducted, unless the
appellant has paid a filing fee at the time of serving the appeal papers, in an amount set
by Resolution of the City Council.
C. The scope of the appeal hearing pursuant to this section shall be limited to those issues
raised by the appellant in the appeal papers, as submitted pursuant to Subsection A of this
Section.
D. Ten days after the Police Chief renders a decision, the Establishrrnent Registration
Certificate holder may timely-file a written appeal to the City Manager. The Police Chief
shall set the matter for hearing before the City Manager or his or her designee within 30
days of the receipt of the appeal. Unless mutually agreed, the hearing shall be held not
fewer than 10 calendar days and not more than 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 10 calendar days prior to the hearing.
F. The City will provide a written decision no more than 30 days after the hearing is
conducted.
5.24.060 Re-Application after Denial
After an Establishment Registration Certificate has been revoked or denied, no re-application for
an Establishment Registration Certificate will be accepted within two years from any person,
Applicant, Owner, Operator, Manager, Massage Therapist, Sole Provider, or any other person or
persons, partnership, or corporation who was listed on an Establishment Registration Certificate.
If however an Establishment Registration Certificate was denied for the sole reason that a
Massage Therapist did not maintain CAMTC Certification, re-application may occur after proper
CAMTC Certification has been reinstated.
5.24.065 Exemptions
The provisions of this Chapter shall not apply to the following:
A. Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists
duly licensed to practice in the State of California and hospitals, nursing homes,
sanitariums, or other health care facilities duly licensed by the State of California; or
B. Registered or licensed vocational nurses duly registered by the State of California; or
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C. Barbershops and beauty salons; or
D. Accredited high schools and colleges and their employees; or
E. Trainers of any amateur, semi-professional, or professional athlete or athletic team; or
F. Massage Therapy provided by a Massage Therapist according to the terms of a
prescription for certain treatment issued by a California licensed health care provider; or
G. Physical therapy students and Massage Therapy students who are currently enrolled in a
licensed program for physical therapy or Massage Therapy in a State recognized or
accredited school/educational program, and who provide massage services under the
direct supervision of a California licensed instructor; or
H. Owners of stand-alone hotels with more than 100 on-site rooms for rent, which provide
Massage Therapy for their guests onsite by a Massage Therapist.
5 24 070 Massage Establishment Requirements
All Massage Establislunents shall comply with the following requirements:
A. Subject to applicable provisions of the Huntington Beach Municipal Code, a legible and
easy to read sign shall be posted at the maim entrance of the Massage Establislunent
identifying the business as a Massage Establishi-nent; and
B. A minimum level of artificial lighting sufficient to discern the activity occurring in the
Massage Establislunent and/or each separate massage room must be present at all times.
This minimum level of artificial lighting is equivalent to an activated 40 watt light bulb in
each approximate 100 square feet of indoor space; and
C. Only equipment and/or chemicals approved by the Orange County Health Department for
disinfecting, cleaning, and/or sterilizing shall be used in the Massage Establislunent; and
D. Hot and cold running water shall be provided within the Massage Establishment at all
times; and
E. Clean linen shall be stored in a closed cabinet. Approved receptacles acceptable to the
Orange County Health Department shall be provided for the deposit of used linens; and
F. Only professional massage tables that are generally accepted in the professional massage
industry may placed in massage rooms and utilized for Massage Therapy. No beds,
mattresses, or waterbeds are allowed in Massage Establishr rents; and
G. All Massage Establislunents shall be subject to periodic inspections by the City, or other
government agencies, for compliance with applicable Federal, State, and local health,
safety, and building laws and standards.
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5 24 075 Massage Establishment _Operation
Every Massage Establislurient shall comply with the following operating requirements:
A. Only a Massage Therapist may provide Massage Therapy; and
B. Massage Therapists must wear their CAMTC issued identification card on the outside of
their clothing and in plain view as a name badge at all times while in the Massage
Establishment. All non-CAMTC Certified employees and/or independent contractors
working at the Massage Establishment must wear a name badge displaying his or her true
and correct name as it is reflected on any goveriunent issued document bearing his or her
name; and
C. Massage Establishments may only be open between the hours of 9:00 a.m., and 10:00
p.m. The hours of operation must be displayed in a conspicuous place in the lobby and/or
in any front window clearly visible from outside the Massage Establislunent. All
Massages must conclude at or before 10:00 p.m.; and
D. Massage Therapists shall be clothed at all times. Clothing shall be
com coil tely non- s
transparent material. Massage Establishment employees and/or independent
may not:
1. Wear attire that substantially exposes the undergarments; or
2. Wear swimsuit attire, unless the Massage Therapist is providing water-based
Massage Therapy approved by CAMTC; or
3. Dress in a manner that exposes the employee/contractor's breasts,buttocks, or
genitals; or
4. Dress in a manner that violates the indecent exposure provisions of the California
Penal Code Section 314 (as may be amended); and
E. A Manager must be present at the Massage Establishment and on the premises at all
times during the Massage Establishment's operating hours; and
F. Towels, linens, and coverings may not be used on more than one patron unless the towel,
linen, or covering has first been launder and s one patron;isinfected. and isposable towels, linens,
and/or coverings shall not be used on me e than
G. Wet and dry heat rooms, steam or vapor rooms or cabinets, warming appliances, shower
rooms and compartments, and toilet rooms and pools, shall be thoroughly cleaned and
disinfected, and at least once each day the Massage Establislunent is open. Bathtubs
shall be thoroughly cleaned after each use; and
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H. Instruments utilized in Massage Therapy shall not be used on more than one patron
unless they have been sterilized using approved sterilizing methods; and
1. The Owner and/or Manager of the Massage Establishment shall keep a complete and
current list/roster of the legal names, residential addresses, and CAMTC Certificate
numbers of all Massage Therapists, and the legal names and residential addresses of all
non-CAMTC Certified employees and/or independent contractors working at the
Massage Establishment. That list shall also include the legal name and residential
addresses of the Manager of the Massage Establislunent. This roster shall be kept at the
Massage Establishment premises and be available at all times for inspection by the City;
and
J. Except as provided for in this Chapter, friends, family, and visitors are not allowed in the
Massage Establishment while it is open for business. Only the Owner, Manager,
Massage Establislunent employees or independent contractors, and patrons are allowed in
the Massage Establislunent during operating hours; and
K. All doors leading into a Massage Establishment or area where Massage Therapy is
performed shall remain unlocked during business hours. Internal offices or areas where
cash or valuables are stored may be locked; and
L. Every Massage Establishment Owner or Operator shall report in writing immediately to
the Police Chief any and all changes of the Massage Establishment address or ownership
of the Massage Establishment; and
M. The following notice shall be posted in a conspicuous place in the Massage
Establishment. The notice must be easy to read to any person, must be displayed in
English and Spanish, and must be visible to anyone entering the Massage Establislunent:
NOTICE TO ALL PATRONS: THIS MASSAGE ESTABLISHMENT AND
THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY
AND ARE SUBJECT TO INSPECTION BY AUTHORIZED CITY OF
HUNTINGTON BEACH PERSONNEL WITHOUT PRIOR NOTICE.
and
N. A list of all Massage Therapy services and their costs shall be posted in an open and
conspicuous place near the entrance of the Massage Establishment. No Massage
Establishment Owner or Manager shall permit, and no employee or independent
contractor of the Massage Establislunent shall offer to perform, any Massage Therapy
services, or charge any fees, other than those posted; and
O. No portion of the Massage Establishment will be used for sleeping/residential purposes;
and
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P. A sign at least 8.5 inches by 11 inches in size, containing the following written notice in
minimum sixteen point font, shall be posted in a conspicuous place in the Massage
Establislunent, displayed in English, Vietnamese, Mandarin, Spanish, Cantonese, Korean,
and easy to read by any person entering the premises:
If you or someone you know is being forced to engage in any activity and cannot
leave—whether it is commercial sex, housework, farm work, construction,
factory, retail, or restaurant work, or any other activity—call the National
Duman Trafficking Resource Center at 1-888-373-7888 or the California
Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-
FRE(EDOM) or 1-888-539-2373 to access help and services.
Victims of slavery and human trafficking are protected under United States
and California Law. These hotlines are:
• Available 24 hours a day, 7 days a week
• Toll-free
• Operated by nonprofit, nongovernmental organizations
• Anonymous and confidential
• Accessible in more than 160 languages
• Able to provide help, referral to services, training, and
general information
5.24.080 Outcall Massages
No Massage Therapy shall be conducted in a hotel or motel room, or in the private residence of
the Massage Therapist. A Massage Therapist is permitted to provide outcall massage services at
a private residence only between the hours of 9:00 a.m. and 10:00 p.m.
5 24 085 Massa a Establishment- Prohibited Conduct
In addition to the conduct/activities, items, and/or substances prohibited by Federal and State
Laws, the following conduct is prohibited at Massage Establishments:
A. The sale, service, or consumption of alcohol or marijuana; and
B. Audio and/or video recording of, or monitoring of, the patron, the Massage Therapist, or
the Massage Therapy, without the prior written consent of the patron; and
C. Massage Therapy, touching, fondling, or otherwise intentional contact with the genitals,
breasts of a female patron, or anus of any patron. To perform Massage Therapy on the
breasts of a female patron, the Massage Therapist must have obtained prior written
consent from the patron and a prior written referral from a licensed California health care
provider; and
D. Massage Therapy at any time while breasts of female patrons are uncovered and/or the
genitals of any patron is uncovered; and
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E. Advertising or marketing illegal activity, advertising or marketing sexual content related
to Massage Therapy, or advertising or marketing sexual content in the promotion of the
Massage Establishment; and
F. Use or possession of adult oriented merchandise, including"sex toys" and/or condoms, in
any part of a Massage Establislunent; and
G. Any sexual activity at a Massage Establishment.
During the hours of operation, only the client receiving Massage Therapy is allowed in the
massage rooms except as follows: (1) the parents or guardian of a patron who is a minor child
may be present; (2) the minor child of a patron maybe present in the Massage Therapy room
with the patron; or(3) the conservator, aide, or other caretaker of a patron may be present in the
massage room.
5.24.090 Inspection by Officials
The City, County, or any investigating official shall have the right to enter the premises of the
Massage Establishment from time to time during regular business hours to conduct reasonable
inspections to enforce compliance with this Chapter and with building, fire, electrical, plumbing,
and/or State and local health and safety regulations.
No person shall refuse to permit or interfere with a lawful inspection of the Massage
Establishment by City or County investigating officials.
5.24.095 Violation—Penalty
Any person violating provisions of this Chapter shall be guilty of a misdemeanor, punishable by
a fine of$1,000.00 or by imprisomnent in the County jail for a period not to exceed six months,
or by both such fine and iniprisomnent. Whenever any City official inspects a Massage
Establishment and finds that any provision of this Chapter has been violated, a notice of such
violation shall be issued by means of a written notice, including, but not limited to, a letter, an
inspection report, a notice of violation, or by issuing a civil or criminal citation for each and
every violation, including those contemplated by this Chapter, and Federal, State, City, and/or
other applicable laws.
5.24.100 Separate Violations
Each violation described in this Chapter, or those provided for by State Laws, shall constitute a
separate violation. Each violation may be charged as a separate count in the event of
administrative or criminal enforcement action. Violations by employees or independent
contractors of Massage Establishments shall be considered violations committed by the Massage
Establishment, and termination of the employee/contractor shall not relieve the Owner or
Establishment Registration Certificate holder of any civil or criminal liability.
11
14-4426/118424
Ord . 4049
5 24.105 Unlawful Operation Declared Nuisance or Civil Citation
Any Massage Establishment operated, conducted, or maintained contrary to the provisions of this
Chapter and State Laws 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 man ier 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 Establislunent and restrain and enjoin any Owner, Operator,
Manager, Massage Therapist, or any other person from operating, conducting, or maintaining a
Massage Establislunent in the City.
5.24.110 Severability
Nothing in this Chapter is intended to conflict or supersede Division 2, Chapter 10.5 of the
Business and Professions Code as may be amended. If any Section, subsection, phrase, or clause
of this Chapter is for any reason held to be invalid by a Court of law, such judicial decision shall
not affect the validity of the remaining portion(s) of this Chapter. The City Council declares that
it would have adopted this Chapter and each Section, subsection phrase, or clause contained
herein irrespective of the fact that any one or more Sections, subsections, sentences phrases, or
clauses may be declared invalid.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6 t h day of April , 2015.
Ma
ATTEST: APPROVED M:
V,ity Cler .
YCity Attorney
6A1a0)AeV
MIED A PROVED: /INITIATED AND APPRO D:
���
City anager Police Chief
12
14-4426/118424
Ord. No. 4049
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 March 16, 2015, and was again read to said City Council at a
Regular meeting thereof held on April 6, 2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AWES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
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 Wave on
April 16,2015.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk City C&7k and ex`officio Clerk
Senior DepuV City Clerk of the City Council of the City
of Huntington Beach, California
Ordinance No . 4049
LEGISLATIVE DRAFT
"Californiain this seetiOn shall gevem the eenstfuetion, ffleaning, and appliea4iE)fl ef wefds a-ad phfases used iii this
»of« »
Business d v 1 efisCede Seetieft4600 of
cc »
business to p i I ge se iees have eur-fefA and valid state eeffifieeAiefis.
"Cef4ified massage"Certified massftge business"fiieaiis afty busiftess dia4 possesses a valid City business heense aiid
as defined—
.> therapist,
cCer-tified sole proprietorship"
valid 4 to eo..t:fie tie ft and. st..l.l:sl,,. n4« :st.-a4ien ee fti fieao
"City"means the City af H-untifigton Beaeh-.
cPoliee Chief or t n
is ehaptef.
"Compensation"
cc n
with
> ef withetit eeffipensatien,
Business"ef"business eer-fifleate»means
establishment"
in4vidual> fiffn, > paftnefship, eefpeffftieti, ef eefffbinatieft ef individuals, engages in-,
> > fflassages,baths,
. .
4
c c.
(E F) a,dl7TT"11'TTTI TaT-uR r -n4;!Is. of csrrelslaap
.nb
PUB c c
cc » cc »
jaND
c,. c
cc »
. »
.1.nL1't s—J— a P-- 1co�11�r�rr nrrrr�trrn� n q9'4
c
c c
aqj. »
c
. cc
c
atussistu»je cc » cc »cc »
c
c c
cc » cc » .
cWUPjO c
c cqpdaspuu c
pe
c cguf puned c c c c
c
, cc » cc »cc »
as ,1 s,.fibe,a ;r Seeger 5.24.nl n of this ,.1.apte, (3973 cif 3)
> and sha4l kieltide the b
infeffflatiew
by the applieapA within the last 10 yeafs.
ice.- o vc cviiuuvivu.
5. A eeffiplete d pt;. of..11 0 s to be pfevided at the pfepesed`aass ge
establ;.,l a t
9. -Date-vr'virar.
gevefnmef4.
13. The on ettffentIeafd issued by CAN4-'C if es EEblishffie t ew-fl f is
not state eeftified, a valid ID eafd must be pfevided fef an employee of ilidepeadef4 eefAfaet
by afly pefsen „l ass name is fequifedt be giveii ptifs,,.it to this Beet;,,n f r the 10 yeafs
zn oa ef ,ft f lle.7 by the ap,1;e.,,,t_
17. A signed slatefaent that the business ownef sha4l empley only state eeftified massage
pfaetitienefs ef tl.o,.apists to p ide ffia
i v'ivvo.
pfefflises,w
;il be; pessession ef'.. valid, ,•,t(tit,,business lice,
( n�:FG.
70 i2.,.,m e fit ef an„stabl:,.l.,....ent f :st«.,tiei ,ei4i fie to fee set by e eil feselij t'
b
Penal GoJe Seeti „ 290 it nff ,1 n t t•eft net)-.
?. Cofiyietionss efzielations 6f Gi lifofnia Pena}-Cod, Seetie 266i ( ,a ) 315
(keeping ef fesiding i Louse of ill f+m ) 316 (1.,,epifig ,1;..,.,defly house), 318
10 (._...._...:1:_�
into Seetian 11054-11055,n 11056, 11057 ef 11058 of the Health 1 r + t- Cede.
involving dishe + f ,1 d o:t vieleftee , ffiefal tttfpittide.
5 All ir;,,..et:ens c_fittisanees nde f Penal Code Seetiens 11225 ti,..,.,,g 1 1 23 c
yethefo uwef any effeiise,,Aieh,
state, wettid have been punishable as eiie ef ffiefe of the fefefefieed effenses ef this stibseetieft,
this stibseetie*-.
appl iea4ie f' fii qtiifef of an individual a 7pliea-nt tin'ldef this ehaptef. The cefpefa4rerrsof
paftnefship's responsible managing offleef must, at all fifnes ffleet all of the feEltiifements set by this
u new
Coated:
designee
te ethef City depaftfflefits�hat may iflspeet�he pfefflises pfepesed te be used as a massage business
with the fespeetive fequifements.
5.24.030 Massage Establishment OF Sefvices Business License
A.Afty
> asseeiatien, eofpefation,
establishment ef pfevide ees shall obtain a business lieense and pfevide the follewing
olo rt r ^t;
2. Date of bifth.
J�1 V1V�
B.Pfief to submitting the fflassage business lieeiise appliea4ion,the fees as established by feseltitien
of the('';tom,r,.,,n,.;1 shall be paid to the r';t., f L7upAin ton v B ^^b
��r.
business.G.The appliea4ieti fef the massage business lieense does not affthefize epefation of a massage
ifttentien to
> ehaftge maflageffient,
A.An establishment fegistf4ien eeftifieate shall be issued by the Poliee Chief ef desti-g-ee te
ee fti ed sel p iet,.«^1,;..tl,..t defn nst«^to^ all e f he fell ,,,i�-
v r•ui�.
1 The opefat'on, as pfeposeA by the „l n. ;f p «,..,.:tte.l Vvetild eemply with all
laws,applieable ifieluding, bt4 tiet limited > building, zeaing, business >
and
health .,1,tiers n ..11 « nt^ 1;^ted n-tb,;^ ,.hapto«.
0 o vi�uecvr�
7 The ewnef is the only pefsen employed tised that business :.1„
uiin"i�^J� .,to t.iv..............,..gib.
sefvi es;
-3
4. The applieafA possesses a valid business lieeftse issued ptifstiant to the 14tifitingtoff Beae.h.
aii
1. ,
sttrr
laws,B.Aft establishment fegistfation eeftifieate shall be issued by the Peliee Chief ef desipee te ai:ty
applieable itiehiding, btit net lifaited te, building, zeaiiig,besiness lieense,
ehaptef,has fiet failed to reveal any faet ma4efial to qualifieatien, and has not supplied
2. The fflassage business employs of tises enly fflassage pfaetitieflefs with GAN4T-C state
ci i'cc:+o
i'iir.
22;
E)f this ehaptef E)f Califefaia Penal Code Seetien 415; has fiet had a-n individual E)f business pefffiit e
ef this ehaptef shall tiet apply to the feiiewiiig elasses ef individuals of gfetips while eagaged ifi e
pe ofming the duties of hei fespe V+•
lieensed pfaetiee fit`the Sta+e of GRii1�
fiek :
C.Regis efed or-lie frsc'lmr eeattenal nttfs2rrEittlyrfegiste•ed by the C+ + f! 1'F ---
> >
team.hands and afffis aiid belaw the knee.
> >
pfefessional as defined in this seetien. Difeet stfpefvisiefl means that an eieffipted pfefessiefial, as
defined ift this seetioti, must be pfesent at all tiffies when a studeH4 is peffefffling his of hef dtA
1. Ownefs ef standalene betels with mere tha-ft 100 en site feems fef feR4 afid whieh pfE)N,id-e
massage sen,iees faf theif guests en site by a state eeftified massage pfaet4ienef of thefapist. (3973
--"
health,5.24.045 Health and Safety Requ
eefflpliafiee with >
A.Sign. Subjeet te applieable pfevisions of the City's eedes, a feeognizable a-Rd legible sign shall be
posted a4 the main ei+tfanee identib,ing the business as a fRassage establishment.
the Gity > in additien,
5.24.050 Massage Establishment opeFatmen
Evefy massage establishffietit shall 1.,. ,'tl, the following epefat'
shall be eonspietieusly pested in ptiblie view. The ee4ifieete holdef shall have his ef he
idPntifiratie"eafd ifi his Of tef en ,L.:1,. i,l:
.,te fesponsi1.1,. p1
E-6tif}Eil.
5.2
displayed in a eenspiettetts plaee in the lobby within the massage establishment fit
wifldeyw B.Ne massage establishment shall epefate nef shall any massage be adfniflistefed iii affy massage
Califefiiia Massage Therapy Gotineil.
D.Massage thefapists and massage pfaetitienefs shall be ftilly elothed at all tiffies. Clething shall be
tb.,.ee inelies below the 11 b
is fie staff available te enstife seettfit�,,fef elients and massage staff whe afe behind elosed deefs.
Said doef shall net be equipped with a"peep hole"ef afty ethef deviee that allews aftyefte te se-e
..t„ ef t of this h the deef is elesed.
F. T-ewels and lifiens shall fiet be used on ffiefe than one patfeit unless the towel of liffen has fifs4
Patfe}.
walls,teilet feems mid peels shall be thefeughly eleatied and disiflfeeted as needed, afid at least eftee eaek
> >
H.lastfuffients titilized in peffettmitig massage shall net be used on mofe than efte patfon tifiless they
have beeii .,to il' ,7 ,l tl- ,l
using YY � '1' t
l it has f t b 1 a a a di f t
ofie
r ef
establishfnent. This fE)s4ef shall be kept at the pfeffiises and be available fef iiispeetien by effi
7I Alo p 4 e f the establishment shall be used f f fes;dontial.f..leepi
6 Evefy ffiassage establishmefft shall be open diifing hews when massage is being pfevided
peffefffied shall femain tinleeked dtifing business hetifs iinless thefe is no staff available to ensi
«.t.,F ,.l:o is and massage st.,#'whe a o behind elesed d
isage pfaetitioners aiid owoefs, epefatofs,ef staff within seven ealendaf days ef stieh .
atiy ,,,1 all ,.1,.,nges ,.F.,.7dfess e evviiefship „Fthe ffl o business._(3973 5/13)
pfevide of pefffik massage, shall be eandbeted iii a hotel of motel Y-oofn, or-in the pfivate fesidenee of the
5.24.0"' Massage Establishment Prohibited Conduct
A.Ne 1 1. 1;,, 1.,yef o shall be sell o ,o.lor-fti fn sl.o.l „ the pfemises ,.f..n massage
foem with that ol,lef ,of disabled p
D.No eleetfieal, fneehanieal ef af4ifieial deviee shall be used by any massage establishment staff
ethef setinds in the
b ,
Pe;ialef
suspendedF. A Riassage thefapist ef massage pfaefifienef shall be fully elethed at all times and shall net
intenfienal eentaet with the genitals ef antis ef any-pa-t-fen, ef the bfeasts of a female patfan and stieh
5.24.065 Responsibility
The ewnef ef epefittef ef a massage business ef establishnRent shall be feSpOliSible fef the e6fidtfet ef all.
A.The investigating of-fieials ef the City, as designetted by the Peliee Chief, ifleltide,btil are net
Planning aiad Building Depaftment and the Getinty Health Offieef, shall have the fight te entef the
eemplianee vvith this ehaptef and with building, fife, eleetfieal, plufflbing, and/of health and sa",
flianflef iiec o
ee4ifieate holdef that failtife te eeffiply with any netiee issued in fteeefdanee with the
J'tY-tt33=
viela�iafl eF,.,.:m i 1 la,,A,
that the safne pefsens afe listed as the biisi-ness owner-,the new busi-Ress leemieii eefoplies with all
. . )f this ehaptef, and the loea4ien tfansf�f fee is paid upon fequest ef tfansfef ffeffl ane business
5.24.080 Establishment Registration Gertifleate E*p:.r-al.----n and Rene
Business
of false
>fnisfepfesefAation,
stffteffletits in a ef b an establishment f egistf v■ eei uiieust
B.Ne fliassage establishment shall be established at a leefftien whef e a fflassage establishment was
5.24.990 Revocation or Suspension Hearing
the basis fef feveeatioti and ifif-efmation abetA the fight to appeal and the neeessipf-ef
an appeal as a pfefeEltiisite E) 14-igatien. The fegistefed eef4ifiea4e heldef shall have 10 ealendar-days
to appeal te the rb.;of— a
B.A heafiiig shall be seheduled with the Poliee Chief of desigiiee upeft flet less than 10 ealen
auu.y'be Niv v
D.Sefviee shall be deemed eefflplete when pef senal sefviee is made, 'when the eeftified le4ef is
deli efed ef when the .'bee ;led 1, fi +elass 41
evidenee shall not apply to the heafing.
eeft f;....+o shall be suffe„,lo,.e (39 7`2 54 2)
5.24.095 Appeals from ReveeaVen, Suspension or Denial of Establishment Registration
ccrrFrtcace
A.Appeals f7faffl afty deeisieft of the Peliee Chief undef this ehaptef shall be ift wfitifig, shall eleaf4y
state all applieable basis fef the appeal, and shall be filed with the cit�,Glefk net latef than 15
e.,i^n.1.. daJ.s fell^ „rab. ,a+ + b. ,a+' F+ eei ii
B.The City Glef4E shall fiet aeeept an appeal, and fie heafing shall be held, tffiless the appellant has
paid a filing fee, iii an amount set by r-eselt4ien of the City Gotineil,te deffay the eest ef stieh
appeal. y appeal w4hew the tiffiely r
the appellant iii the wfi4en appeal, as submitted pufstiant to subseetien A ef this
G.The seepe ef the appeal heafiiig ptifsttaf4 te this seetion shall be lifflited to these issues faised*
e stab lishffieflt fegis4a4ien eeffifiea4e is denied fof the sele feasefl that a fnassage pfaetitioner-does no
..f feei., ,mot ae fi.,v. (39 72 V1 2)
5.24.115 Unlawful operation Declared Nu-sanee
> eommenee an aetion of ,
> femoval of enjoiameat >
The City At4effiey shall take seeh ethef steps and shall apply to stieh eetift of eE)ttfts as ffiay ha-N,-e
in the ma-anef pfevided by law.
If at+y
J
that it would have adepted this ehaptef and eaeh 1 1
J ) 1
/2972 G/12\
3/16/2015
Proposed assa
Establishment Ordinance
,24 HBMC
02008: State limited local control of Massage
Establishments
®Between 2oo8 and 2014 number of establishments
grew from 9 to 70+
• 2014: AB u.47 became state law allowing cities
much more local control of Massage Establishments
®Changes to 5.24 HBMC are necessary to reasonably
regulate Massage Establishments to minimize illicit
sex trade and potential human trafficking
SUPPLEMENTAL
COMMUNICATION
Mmeting Date: &
Agenda Item No.
3/16/2015
Proposed Ordinance adds Additional Operating
Conditions such as:
-Reduced operating hours
-Requires on-site manager during hours of
operation
-Requires posting of Human Trafficking Notice
-Prohibits sexually suggestive advertising
-Prohibits possession of condoms and adult
oriented items
WT
. =
µ- =ate �"
Proposed Ordinance adds Location Criteria:
-Massage Establishments must be i000 feet apart
-Cannot transfer ownership
2
3/16/2015
•New ordinance developed with coordination
between various city departments
-Incorporates input received from City Council
•Incorporates input received from Massage
Establishment owners
•Incorporates input received as a result of Council
Study Session conducted on 2-r7-2oi5
•Incorporates changes in law detailed in AB 1147
II
HOI
City Staff believes proposed changes will:
• Reduce the existence of illicit massage businesses
•Reduce illicit sex trade in HB
•Reduce potential for Human Trafficking
•Reduce impact of Massage Establishments on
Public Safety
•Enhance community health and safety
3
3/16/2015
Questions?
Ord No . 4049
C. Upon receipt of the completed Establishment Registration Certificate appl/ation, the
Police Chief will commence an application review and background check pplicable.
The Police Chief will approve or deny the application within 60 days. 1 0 days pass
without a response from the Police Chief, the application is automatic y deemed denied.
5.24.035 Approval or Denial of Establishment Registration Certificate
A. An Establishment Registration Certificate may be issued by the Po ice Chief to any
Applicant that demonstrates all of the following: /J
1. The Applicant's background check does not reveal viql tions contemplated by
Section 5.24.025(A) of this Chapter; and
i
2. For new Massage Establishments, the proposed location for the Massage
Establishment is no fewer than 1,000 feet from another Massage Establishment as
measured from the property lines. For existiil�Massage Establishments that are
located within 1,000 feet of another Massage Establishment at the time this
Chapter is enacted, those Massage Establishments are not required to relocate but
are subject to the provisions of this Chapter for continued operation, transfer of
ownership, and/or sale of the Massag iI stablishment; and
r'
3. The Massage Establishment complies or will comply with all applicable Federal,
State, and local laws, including the City's Building Codes, Zoning Codes, State
Health Regulations, and all requirements of this Chapter; and
4. The Applicant possesses a valid City Business License; and
I
5. The Applicant truthfully,,,accurately, and completely provided all information,
assurances, and/or documentation required by the City on the Establishment
Registration Certificate application and/or additional information required by the
Police Chief; and '
8
6. The Massage Eslablislunent employs only CAMTC Certified Massage Therapists.
B. The Applicant for th/Ejstablishment Registration Certificate may be denied for failure to
satisfy any of the requirements in this Chapter.
5 24.040 'Transfer of Establishment Registration Certificate
An Establishment Registration Certificate is generally not transferrable. Transfers may be
granted at the sole discretion of the Police Chief and no transfer of an Establishment Registration
Certificate will be allowed in the event that a Massage Establishment has pending investigations,
reviews, or citations; or will be located within 1,000 feet of another Massage Establishment.
Oil
1
4
1 4-4426/1 1 8424
Ord . No . 4049
5.24.045 Establishment Registration Certificate Expiration and Renewal;
An Establishment Registration Certificate shall be valid for one year; renewals will be required
thereafter. Term of renewal will coincide with the dates appearing on the Applicant's City-
issued Business License.
5.24.050 Revocation or Suspension of Establishment Registration/Certificate
A. In addition to civil and criminal penalties, Establishment Registration Certificates may be
suspended or revoked upon any of the following grounds:'_
r
1. The City has determined that a Establishment Registration Certificate holder has
made a material misrepresentation on the application for an Establishment
t
Registration Certificate or renewal; or
i�
2. The City determines that the Establishment Registration Certificate holder has
violated any of the provisions of this Chapter, or for any violation of Federal,
State, or local laws, or any conditions of the Establishment Registration
Certificate; or
3. Any employee or independent c ntractor of the Massage Establishment violates
any provisions of this Chapter.:'
I
B. The provisions of this Chapter shalt!apply to all existing Establishment Registration
Certificates regardless of the date'any Establishment Registration Certificate was issued.
r
C. No Massage Establishment shall be opened at the same address where a Massage
Establishment was closed and/or Establishment Registration Certificate revoked in
violation of any provision o'f this Chapter, or for any violation of Federal, State, or local
laws, for at least 24 months at location(s) where the closure(s) occurred.
.E'
D. Following suspension or revocation, the Police Chief may post a notice of revocation or
suspension on the premises, and the notice shall state the reasons for the revocation or
suspension. The Police Chief may direct the premises to be closed and/or locked, thereby
prohibiting any pgblic access.
E. It is unlawful fo any person to conduct the business of a Massage Establishment after the
Establishment/Registration Certificate has been suspended or revoked.
5.24.055 Establislunent Registration Certificate Revocation or Suspension Hearing
Notice of a revocation or suspension by the City of an Establishment Registration Certificate will
be provided to the Establishment Registration Certificate holder and will contain a statement of
the violation(s)'that constitute(s) the basis for such revocation or suspension. The notice will
also include iInformation regarding the steps that must be taken for an appeal.
A. Appeals to the Police Chief under this Chapter shall be in writing, shall clearly state all
appilicable grounds for the appeal, and shall be filed with the City Clerk not later than 15
,
.� ,"�� �,tour
xr'` cam;
1, 6U �l
5
14-4426/118424 w
`.
„t
r_ ' 'kit
Ord . No . 4049
I
calendar days following the date of notice of revocation or suspension issued b the
Police Chief.
B. The City will not accept an appeal, and no hearing may be conducted, unl ss the
appellant has paid a filing fee at the time of serving the appeal papers, in an amount set
by Resolution of the City Council.
C. The scope of the appeal hearing pursuant to this section shall be li Zited to those issues
raised by the appellant in the appeal papers, as submitted pursuant to Subsection A of this
Section.
D. Ten days after the Police Chief renders a decision, the EstaWishment Registration
Certificate holder may timely-file a written appeal to the Vity Manager. The Police Chief
shall set the matter for hearing before the City Manager r his or her designee within 30
days of the receipt of the appeal. Unless mutually agro-ed, the hearing shall be held not
fewer than 10 calendar days and not more than 30 ca4ndar days from the date of the
appeal request. The hearing may be continued fro `time to time upon the mutual consent
of the parties.
E. The appellant shall be provided with notice o/the time and place of the appeal hearing, as
well as a copy of all relevant materials at least 10 calendar days prior to the hearing.
F. The City will provide a written decisiono more than 30 days after the hearing is
conducted.
5.24.060 Re-Application after Denial
After an Establishment Registration Certificate has been revoked or denied, no re-application for
an Establishment Registration Certificdte will be accepted within two years from any person,
Applicant, Owner, Operator, Man et, Massage Therapist, Sole Provider, or any other person or
persons, partnership, or corporatiot," o was listed on an Establishment Registration Certificate.
If however an Establishment Registration Certificate was denied for the sole reason that a
Massage Therapist did not mai�/am CAMTC Certification, re-application may occur after proper
CAMTC Certificatio/ha )ben reinstated.
5.24.065 )Exemption
The provisions of th shall not apply to the following:
A. Physicians, schiropractors, osteopaths, acupuncturists, and physical therapists
duly licensto practice in the State of California and hospitals, nursing homes,
sanitm, , or other health care facilities duly licensed by the State of California; or
ed or licensed vocational nurses duly registered by the State of California; or B. Regist�
C. Barb shops and beauty salons; or
14-4426/118424
Ord . No . 4049
D. Accredited high schools and colleges aild their employees; or
E. Trainers of any amateur, semi-professional, or professional athlete or/athlet' team; or
F. Massage Therapy provided by a Massage Therapist according to the ta
prescription for certain treatment issued by a California licensed heartovider; or
G. Physical therapy students and Massage 'Therapy students who are currently enrolled in a
P g P
licensed program for physical therapy or Massage Therapy in a S4ate recognized or
accredited school/educational program, and who provide massage services under the
direct supervision of a California licensed instructor; or 7
H. Owners of stand-alone hotels with more than 100 on-site looms for rent which provide
�
Massage Therapy for their guests onsite by a Massage herapist.
5.24.070 Massage Establishment Requirements
All Massage Establishments shall comply with the following requirements:
A. Subject to applicable provisions of the Huntinl`on Beach Municipal Code, a legible and
easy to read sign shall be posted at the main 06trance of the Massage Establishment
identifying the business as a Massage Est b�ishment; and
B. A minimum level of artificial lighting syr f icient to discern the activity occurring in the
Massage Establishment and/or each 6arate massage room must be present at all times.
This minimum level of artificial lrghlmg is equivalent to an activated 40 watt light bulb in
each approximate 100 square feet A indoor space; and
C. Onlyequipment and/or chemicals approved b the Orange Count Health Department for
pp Y g Y
disinfecting, cleaning, and/oterilizing shall be used in the Massage Establishment; and
D. Hot and cold running wat shall be provided within the Massage Establishment at all
times; and
E. Clean linen shall be s ored in a closed cabinet. Approved receptacles acceptable to the
Orange County He th Department shall be provided for the deposit of used linens; and
F. Only profession massage tables that are generally accepted in the professional massage
industry may paced in massage rooms and utilized for Massage Therapy. No beds,
mattresses, o-waterbeds are allowed in Massage Establishments; and
G. All Masse Establislunents shall be subject to periodic inspections by the City, or other
goverrunent agencies, for compliance with applicable Federal, State, and local health,
safetyAnd building laws and standards.
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Ord . No . 4049
E. Advertising or marketing illegal activity, advertising or marketing sexual content elated
to Massage Therapy, or advertising or marketing sexual content in the promotio of the
Massage Establishment; and
F. Use or possession of adult oriented merchandise, including "sex toys" and/ r condoms, in
any part of a Massage Establishment; and
G. Any sexual activity at a Massage Establishment.
During the hours of operation, only the client receiving Massage Therapy i allowed in the
massage rooms except as follows: (1) the parents or guardian of a patron ho is a minor child
may be present; (2) the minor child of a patron may be present in the Ma-sage Therapy room
with the patron; or(3) the conservator, aide, or other caretaker of a patroon may be present in the
massage room.
5.24.090 Inspection by Officials
The City, County, or any investigating official shall have the rig, to enter the premises of the
Massage Establishment from time to time during regular busin sss hours to conduct reasonable
inspections to enforce compliance with this Chapter and with�building, fire, electrical, plumbing,
and/or State and local health and safety regulations.
No person shall refuse to permit or interfere with a lawf% inspection of the Massage
Establishment by City or County investigating official '.
5.24.095 Violation—Penalty
Any person violating provisions of this Chapter all be guilty of a misdemeanor, punishable by
a fine of$1,000.00 or by imprisonment in the ounty jail for a period not to exceed six months,
or by both such fine and imprisonment. Wh ever any City official inspects a Massage
Establishment and finds that any provision f this Chapter has been violated, a notice of such
violation shall be issued by means of a w tten notice, including, but not limited to, a letter, ail
inspection report, a notice of violation, r by issuing a civil or criminal citation for each and
every violation, including those cont plated by this Chapter, and Federal, State, City, and/or
other applicable laws.
5.24.100 Separate Violations
Each violation described in thi Chapter, or those provided for by State Laws, shall constitute a
separate violation. Each vio)dtion may be charged as a separate count in the event of
administrative or criminal enforcement actiou. Violations by employees or independent
contractors of Massage EAablishments shall be considered violations committed by the Massage
Establishment, and termination of the employee/contractor shall not relieve the Owner or
Establishment RegistiAtion Certificate holder of any civil or criminal liability.
r
5.24.105 Unlawful,iOperation Declared Nuisance or Civil Citation
Any Massage Establishment operated, conducted, or maintained contrary to the provisions of this
Chapter and State Laws shall be and the same is hereby declared to be unlawful and a public
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Ord . No . 4049
nuisance. The City Attorney may, in addition to, or in lieu of prosecut/cr* al action
hereunder, commence an action or actions, proceeding or proceedingsent, removal, or
enjoinment thereof, in the manner provided by law. The City Attorne such other
steps and shall apply to such court or courts as may have jurisdiction th relief as shall
abate or remove such Massage Establishment and restrain and enjoin Operator,
Manager, Massage Therapist, or any other person from operating, con , maintaining a
Massage Establishment in the City.
5.24.110 Severability
Nothing in this Chapter is intended to conflict or supersede Division 2, Chapter 10.5 of the
Business and Professions Code as may be amended. If any Sec on, subsection,phrase, or clause
of this Chapter is for any reason held to be invalid by a Court f law, such judicial decision shall
not affect the validity of the remaining portion(s) of this Cha ter. The City Council declares that
it would have adopted this Chapter and each Section, subs e tion phrase, or clause contained
herein irrespective of the fact that any one or more Sectio s, subsections, sentences phrases, or
clauses may be declared invalid.
SECTION 2. This ordinance shall become effective 0 days after its adoption.
PASSED AND ADOPTED by the City Co cil of the City of Huntington Beach at a
regular meeting thereof held on the day o , 2015.
Mayor
ATTEST: APPROVE TO F ZM:
City Clerk 7 City Attorney
REVIEW D APPROVED: NITIATED AND APPR VED:
i`t Manager Police Chief 7—
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