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O 127 C.S. ORDINANCE NO. 127 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING CHAPUR 11 TO TITLE 5 OF SAID MUNICIPAL CODE TO PROVIDE FOR THE LICENSING AND REGULATION OF MASSAGE ESTABLISHMENTS AND ~SSAGE SERVICES FOR THE CITY OF ARROYO GRANDE. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 11 is added to Titl. 5 of the Arroyo Grande Municipal Code to read as follows: Section 5-11.01 D.finitions: As used in this chapt.r, the fOllowing words and phrases shall have the meanings r.sp.ctively . described by them by this section: (a) "Massage Establishment"- Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activiti.s defined in Subs.ction (c) of this section. (b) "Employee" - Any person, other than a,masseur, who renders any services in connection with the operation of a massage establishment and receives compensation,from the operator of the business or patrons. (c) "Massage" - Any method of treating.th. sup.rficial parts of the human body for medical, hygienic, exercise or relaxation purpos.s by rubbing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands or any instr~t, or bf the application of air, liquid or vapor baths of any kind whatever. (d) "Masseur" - Any person who, for any consideration whatso- ever, engages in the practice of massage as herein defined. The term "masseur" as used in thia part shall also iDOlude .....use, as the use of the masculine gender shall include in all ca.e. the feminine gender as well. (e) "Patron" - Any p.rson who receives a mas sag. und.r cir- cumstances where it is reasonable to expect that he or she will give any consideration whatsoever th.r.for. (f) "Person" - Any individual, co-partnership, firm, associ- ation, joint stock company, corporation or combination of individuals of whatever form or character. (g) "Recognized School" - Any school or institution of learning which has for its purpose the teaching of the theory, Mtbod, pro- fession, or work of massage, which has be.n certified bf the State of California, Department of Education, Bureau of School Approvals. (h) "Health Officer" - The Health Officer of the City of Arroyo Grande, State of California. (1) "City Council" - The City Council of the City of Arroyo Grande, State of California. (10/75) ~.- ._~- ------- ---- I; (j) "Chief of Police" - The Chief of Police of the City of Arroyo Grande, State of California, and his duly authorized repre- sentatives. (k) "City" - The City of Arroyo Grande, State of California. Section 5-11.02 Massa e Establishment Permit Re uired: No person shall engage in t e US1ness 0 massage or operate a massage establishment unless he has a valid and sUbsisting massage establish- ment permit issued by the Chief of Police pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person. Section 5-11.03 Masseur's Permit Required: No person shall practice massage as a masseur, employee or otherwise unless he has a valid and subsisting masseur's permit issued to him by the Chief of Police pursuant to the provisions of this chapter. Section 5~1 .04 A lication for Massa e Establishment Permit: Any person eS1r1ng a massage esta 1S ment perm1t s a 1 e a wr1tten application with the Chief of Police on a form to be furnished by the Chief of Police. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall, in addition, furnish the following: (a) The type of ownership of the business or establishment, i.e., whether individual, partnership, corporation, or otherwise: (b) The name, style and designation under which the business or practice is to be conducted: (c) The business address and all telephone numbers of the establishment where the business is to be conducted, including a physical description of the premises; (d) A complete list of the names and, addresses of all masseurs and employees in the business and the name and addresses of the manag- er or other person principally in charge of the operation of. the business: (e) The following personal information concerning the applicant, if an individual: and concerning each stockholder holding more than: five percent (5%) of the stock of the corporation, each officer and each director, if the applicant be a corporation: and concerning the partners, including limited partners, if the applicant be a partner- ship; and concerning the manager or other person principally in charge of the operation of the business: (1) Name, complete residencp address and residence telephone numbers: (2) The two previous addresses immediately prior to the present address of the applicant: (3) Written of age: (4) Height, weight, color of hair and eyes, and sex: (5) One (1) front face portrait photograph at least 2 inches by 2 inches in size: t (6) The massage or similar business history and experi- ... ence, including, but not limited to, whether or not such person in previously operating in this City, or another city or county or state -2- ..-------- . under license or permit has had such license or permit denied, re.,. voked or suspended and tthe reason therefor, and the business activities or occupations .subsequent to such action of denial, sus- pension or revocation; (7) All criminal convictions other than infraction traffic violations, fully disclosing the jurisdiction in which con- victed and the offense for which convicted and the circumstances thereof; (8) A complete set of fingerprints taken and to be retained on file by the Chief of Police; (9) Diploma, certificate, or other written proof of graduation from a recognized school where the theory, method, pro- fession or work of massage is taught, or written proof of experience in the actual practice of massage on a substantially full-time basis for a period of not less than one year in the two year period immedi- ately prior to the application for the massage establishment permit. (f) Authorization for the City, its agents and employees to seek information and conduct an investigation of the statements set forth in the application and the qualifications of the applicant for the permit. (g) Statement in writing by the applicant that he certifies under penalty of perjury that the foregoing information contained in the application is true and correct, said statement being duly dated and signed in the State of California. Section 5-11.05 A lication for Masseur's Permit: Any person eS1r1ng a masseur s perm1t s a 1 e a wr1tten application with the Chief of Police on a form to be furnished by the Chief of Police. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall, in addition, furnish the following: (a) The business address and all telephone numbers of the establishment where massage is to be practiced. (b) The following personal information concerning the applicant: (1) The name, complete residence address and residence telephone numbers; (2) The two previous addresses immediately prior to the present address of the applicant; (3) Written proof of age; (4) Height, weight, color of hair and eyes, and sex; (5) One (1) front face portrait photographs at least 2 inches by 2 inches in size; (6) The massage or similar business history and experience, including, but not limited to, whether or not such person in previously opertaing in this City or another city or county or state under license or permit has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revo- cation; (7) All criminal convictions other than infraction traffic violations, fully disclosing the jurisdiction in which convicted, and the offense for which convicted and the circumstances thereof. , -3- u_.__._ (8) A complete set of fingerprints taken and to be retained on file by the Chief of Police; (9) Diploma, certificate, or other written proof of graduation from a recognized school where the theory, method, pro- fession or work of massage is taught, or written proof of experience in the actual practice of massage on a substantially full-time basis for a period of not less than one year in the two year period immedi- ately prior to the application for the masseur's permit; . (10) A statement in writing from a licensed physician in the State of California that he has examined the applicant and believes the applicant to be free of all communicable diseases. (c) Such other information, identification and physical exami- nation of the person deemed necessary by the Chief of Police in order to discoter the truth of the matters hereinbefore required to be set forth in the application. (d) Authorization for the City, its agents and employees to seek information and conduct an investigation of the statements set forth in the application and the qualifications of the applicant for the permit. (e) Statement in writing by the applicant that he certifies under penalty of perjury that the foregoing information contained in the application is true and correct, said statement being duly dated and signed in the State of California. Section 5-11. 06 Chief of Police: Upon receiving the app ~cat~on or a ~shment or masseur's permit, the Chief of Police shall conduct an investigation into the applicant's moral character and personal and penal history. In the case of applications for massage establishment permits, the Health Officer, with the advice and assistance of the Chie.f of Police, shall also conduct an investigation of the premises where the massage establishment is to be carried on for the purposes of assuring that such premises comply with all the sanitation require- ments as set forth in this chapter and with the regulations of public health, safety and welfare. Before any permit shall issu~ under this chapter, the Chief of Police shall first sign his approval to the application. Should the Chief of Police fail to approve the permit application, he shall state his reasons therefor in writing, particularly discussing those grounds for denial of a permit set forth in Section 5-11.07 or Section 5-11.08 hereinafter. Section 5-11.07 Issuance or Denial of Massage Establishment Permit: The Chief of Police shall issue a massage establishment permit within thirty (30) days of receipt of the application if upon investigation it is found that: (a) The correct permit fee has been tendered to the City, and in the case of a check or bank draft, has been honored with payment upon presentation; (b) The operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the City's building and health regulations; (c) The applicant, if an individual; or the stockholders holding more than five percent (5') of the stock of the corporation, the officers and directors, and each of them, if the applicant be a -4- ------ corporation; or the partners, including limited partners, and each of them; if the applicant be a partnership; and the manager or other person principally in charge of the operation of the business, have not: . . (1) done any ac~ involving dishonesty, fraud, or deceit w1th the 1ntent to substant1ally benefit himself or another or substantially injure another unless such act occurred at le~st five (5) years prior to the date of the application, or (2) committed any offense involving the use or threat to use force or violence upon the person of another or any crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311, 311.2, 311.4, 311.5, 311.7, 314, 315, 316, 318 or 647(a) (b) or (d) or (h) of the Cali- fornia Penal Code, unless such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no su~se~ue~t ~elony convictions of a~y nature in any court of compe- tent )ur1sd1ct1on and no subsequent m1sdemeanor convictions for crimes mentioned hereinabove; (d) The applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in con- junction therewith; (e) The applicant has not had a massage business, masseur, or other similar permit or license denied, revoked or suspended for any of the above causes by any state or local agency within five (5) years prior to the date of the application; (f) The applicant, if an individual; or the officers and directors, and each of them, if the applicant be a corporation; or the partners, including limited partners, and each of them, if the applicant be a partnership; and the manager or other person princi- pally in charge of the operation of the business, is eighteen (18) , years of age or older; and, (g) The manager or other person principally in charge of the operation of the business has successfully completed a resident course of study or learning from a recognized school where the theory, method, profession or work of massage is taught, or has experience in the actual practice of massage on a substantially full-time basis for a period of not less than one year in the two year period imme~iately prior to the application for the massage establishment permit. Section 5-11. 08 Issuance or Denial of Masseur's Permit: The Chief of Police shall issue a masseur's permit within thirty (30) days of receipt of the application if upon investigation and the re- port that may be filed it is found that: (a) The correct permit fee has been tendered to the City, and in the case of a check, or bank draft, has been honored with payment upon presentation: (b) The applicant has not: (1) done any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or sub- stantially injure another unless such act occurred at least five (5) years prior to the date of the application, or (2) committed any offense involving the use or threat to use force or violence UDOn the person of another or any crime requiring -5- ..... ~~'.. --~--- rpgistration under Section 290 of the California Penal Code, or of any violation of Sections 311, 311.2, 311.4, 311.5, 311.7, 314, 316, 318, or 647(a) (b) or (d) or (h) of the California Penal Code, un- less such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent f710~y convictions of any nature in any court of competent juris- d1ct10n and no subsequent misdemeanor convictions for crimes mentioned hereinabove; (c) The applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in con- junction therewith; (d) The applicant has not had a massage business, masseur, or other similar permit or license denied, revoked or suspended for any of the above causes by any state or local agency within five (5) years prior to the date of the application; (e) The applicant has successful'ly completed a resident course of study or learning from a recognized school where the theory, method, profession or work of massage is taught, or has experience in the actual practice of massage on a substantially full-time basis for a period of not less than one year in the two year period immediately prior to the application for the masseur's permit. (f) The applicant is free from all communicable disease. Section 5-11.09 Sanitation and Safety Requirements: All premises used by permittees hereunder shall be periodically inspected by the Health Officer , with the advice and assistance of the Chief of Police, for safety of the structure and adequacy of plumbing, ventilation, heating and illumination, The walls shall be clean and painted with washable, mold resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy white paper may be substituted for sheets provided that such paper is changed for every. patron. No massage service or practice shall be carried within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked. Nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof, Kee in of Records: Every person who operates a massage estab11s ent or pract1ces or provides a massage shall at all times keep an appointment book in which the name of each and every patron shall be entered, together with the time, date and place of service, and the service provided. Such appointment book shall be available at all times for inspection by officials charged with the enforcement of public health laws. The information furnished or se- cured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any masseur or employee of the massage establishment or the City of Arroyo Grande shall, constitute a misdemeanor. Such record shall be maintained for a period of one year. Section 5-11.11 Dis~lay of Permits and Identification Name Plate: The massage estab11shment permittee shall display his permit and that of each and every masseur employed in the establishment in -6- ___.___'_n_' -----.- --.- an open and conspicuous place on the premises of the massage business ~stablishment. The Chief of Police shall provide each masseur granted a permit with an identification name plate which shdll con- tain a photograph of the masseur and the first. name and permit number assigned to said masseur, which must be worn on the front of the outermost garment of said masseur at all times during the hours of operation of any establishment granted a permit pursuant to this chapter. . Section 5-11.12 Transfers Prohibited: No massage establish- ment and masseur permits are transferable, separate or divisIble, and such authority as a permit confers shall be cnnf~rred only on the permittee named therein. Section 5-11.13 Notification of Changes: Every massage establishment permittee shall report immediately to the Chief of Police any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers, directors, and partners, any and all changes of name, style or designation under which the business is to be conducted; any and all changes of business address or telephone numbers of the establishment where the busines is to be conducted; and any and all changes or transfers of masseurs employed in the business whether by ne or renewed employment, dis- charge or termination, or otherwise. Every masseur shall report immediately to the Chief of Police any and all changes of employment, whether by new or renewed employ- ment, discharge or termination, or otherwise, giving the name and address of the former employer, if any, and the name and address of the new employer, if any. Section 5-11.14 Advertising: No person shall publish, or distribute, or cause to be published or distributed, any advertising matter or business identification card that states or depicts any portion of the human body that would reasonably suggest to prospec- tive patrons that any service is available other than a massage as defined in Section 5-1l.01(c). Section 5-11.15 Persons Under the Age of 18 Years Prohibited on the Premises: No person shall permit any person under the age of 18 years to come or remain on the premises of any massage business establishment, as masseur, employee, patron, client or otherwise, without lawful business therein. Section 5-11.16 Alcoholic Beverages Prohibi.ted on the Pre~li ses: No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed or provided to anyone any alcoholic beverage as defined in Section 23004 of the Business and Professions Code of the State of California on the premises of any massage business estab- lishment. Section 5-11.17 Employment of Masseurs: No person shall employ as a masseur any person unless said employee has obtained and has in effect a permit issued pursuant to this chapter. Section 5-11.18 Revocation Procedure: Any massage establish- ment or masseur's permit issued under this chapter shall be subject to suspension or revocation by the Chief of Police for violation of any provision of this chapter, or for any grounds that would warrant the denial of issuance of such permit i.n the first place. Section 5-11.19 A Denial, Revocation or Suspens10n 0 Perm1t: 0 er of a permit -7- -.---.-.----- /~ issued under the provisions of this chapter, which application or permit has been deni<,d, revoked, or suspended by order of the Chief of Police shall have the right to appeal such order or denial, re- vocation or suspension to the City Council within ten (10) days after the date on which such order is hand delivered to the applicant or permittee, or deposited in the United States mail, postage pre- paid, addressed to the applicant or permittee with a return receipt requested. Neither return of the requested receipt nor receipt by any particular person shall be deemed necessary nor effect the ten (10) day period within which the applicant or ?ermittee shall have the right to appeal. An appeal shall be made by filing a notice of appeal within the said ten (10) day period with the City Clerk of Arroyo Grande. Tile perfecting of such appeal shall not suspend the order of denial, re- vocation or suspension of such permit. Said appeal shall be heard by the City Council within a reasonable time from and after the date of filing thereof. The City Council shall conduct a public hearing, written notice of the time, place, and grounds thereof being mailed to the applicant or permittee not less than ten (10) days prior to the said hearing, unless timely notice be waived by the applicant or permittee. The strict rules of evidence shall not apply, but the applicant or permittee shall have the right of the assistance of counsel and to the reasonable presentation of witnesses and evidence under such administrative procedures as the City Council deem appro- priate. The City Council shall make its order affirming or over- ruling the denial, revocation or suspension of such application or permit within not more than ten (10) days from and after the date of which the hearing on said appeal is concluded. The decision of the City Council shall be final and conclusive. Section 5-11.20 Massa~e Establishment Permit Fee: The permit fee for a massage esta lishment shall be One Hundred Dollars ($ 100.00 ) per calendar year or any part thereof. Section 5-11.21 Masseur's Permit Fee: The permit fee for masseurs shall be Twenty-Five Dollars($25.00) per ~sseurs,per calendar year or any part thereof. Section 5-11.22 Permit Period: All massage establishment and masseur permits shall be issued for the period of a calendar year and expire on the last day of the calendar year. Applications for the next ensuing calendar year may be filed with the Chief of Police beginning sixty (60) days before the next ensuing calendar year. Section 5-11.23 Ins ection Re uired: The Health Officer shall from t me to t~me, an at east once a year, make inspection of such massage business establishment for the purpose of determining that the provisions of this chapter are fully complied. with. Section 5-11.24 Exemptions: The provisions of this chapter shall not apply to hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts under the laws in the State of California, or persons working under the direction of any such persons or in any such establishment, nor shall . this chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and hqlding a valid, unrevoked license or certificate of registration issued by the State of Califor- nia. Section 5-11.25 Prohibited Acts: No person permitted to do business as herein provided shall operate under any name or conduct his business under any designation not specified in his permit. It shall be unlawful for any person to ac.t as a masseur as defined in this chapter in any other place than a massage establishment under -8- ,. . . . . valid permit. This section shall not be construed to prohibit the administration of massages by persons listed in the exemption section. Section 5-11.26 Repeal of Conflicting Ordinance. Chapter 1 of Title 4 of the Municipal Code of the City of Arroyo Grande, State of California, and ordinance amendatory thereto are hereby repealed, and all other ordinances in conflict with this ordinance to the extent of such conflict and no further are hereby repealed. Provided, that it is the intent of the City Council in enacting this ordinance that it shall be considered a revision and continuation of the ordinance repealed by this ordinance, and the status of volunteers shall not be affected by such repeal, nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed ordinance be affected by such repeal until amended, modified, or superseded as provided in this ordinance. Section 5-11.27 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 2: This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Councilmen voting thereon, in the Five Cities Times- Press - Recorder. On motion of Councilman de Leon, seconded by Councilman spierling, and on the following roll call vote, to wit: AYES: COUncilmen spierlinq,de Iea1,Schlegel, Millis am Mayor Talley NOES: None ABSENT: Ncne the foregoing Ordinance was passed and adopted this 28th day of October, 1975. ATTES~ .::::I-rlJs>{) PP'ru&r7 CITY CLERK . I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foreg<>ing Ordinance No. 127 C.S.is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 28th day of OCtober, 1975. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of October, 1975. ~~A/ ,;;{ c&-f c:~ City Clerk of the City of royo Grande (SEAL) - 9 - . - ^.---...---.--..-....-- .