HomeMy WebLinkAboutORD 01-10 Regulating Licensing and Operation of Massage EstablishmentsORDINANCE NO. 1-
10 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER5.56
OF THE ORANGE MUNICIPAL CODE
REGULATING THE LICENSING AND OPERATION OF
MASSAGE
ESTABLISHMENTS.WHEREAS, in response to ongoing illegal activity by disreputable operators
of massage establishments, in 2005 the City Council adopted Ordinance No. 7-05
to regulate massage establishments and to recognize legitimate massage therapy as
having medical therapeutic
value; and WHEREAS, a significant portion of Ordinance No. 7-05 was
dedicated to regulating individual massage therapists by imposing testing and licensing
requirements and conducting background checks to ensure that the massage therapist was a
legitimate, qualified massage
therapist professional; and WHEREAS, effective September 1, 2009, the State of
California enacted statewide education, testing and background standards for the massage
therapy profession; and WHEREAS, massage therapists meeting these standards can
obtain a massage therapist certification from the State, which authorizes the massage therapist
to practice in any city in
the State; and WHEREAS, given that the state imposes less stringent requirements than
the City for the practice of massage and the fact that certification from the State
entitles a massage therapist to practice anywhere in the State, it is unlikely that any massage
therapist will seek a new permit from
the City; and WHEREAS, the City Council finds that City regulations
imposing testing and licensing requirements for massage therapists have largely been
pre-empted by state regulations and thus are
no longer needed; and WHEREAS, the City Council finds that notwithstanding this that
it is necessary to continue to impose specific requirements on operators of massage
establishments who are not certified massage therapists, to limit the practice of massage
to certified massage therapists and to impose reasonable health and safety requirements as permitted by
State law to ensure that massage establishments are safe for the clientele and
to insure massage establishments do not
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Chapter 5.56 is deleted in its entirety and replaced with the following:
CHAPTER 5.56
MASSAGE ESTABLISHMENTS
Sections:
5.56.010 Findings and Purpose.
5.56.020 Definitions.
5.56.030 Operator's Requirements.
5.56.040 Application for Massage Business Permit.
5.56.050 Massage Business Permit Issuance and Denial.
5.56.060 Conditions of Operation.
5.56.070 Change of Business.
5.56.080 Fees.
5.56.090 Exemptions and Existing Permittees.
5.56.100 Transfer, Duration, and Renewal of Certificates and Permits.
5.56.110 Suspension, Revocation, Denial, Appeal
Permit.
5.56.120 Violation and Penalty.
5.56.010 Findings and Purpose.
A. The permit and certification requirements and restrictions imposed by this
Chapter are reasonably necessary to protect the health, safety and welfare of the citizens of
the City.
B. The City is authorized, by virtue of the State Constitution, Section 51031 of
the Government Code and Section 4612 of the Business and Professions Code, to regulate
massage establishments by imposing reasonable standards on the operation of the massage
establishment including, but not limited to, sanitary conditions at massage establishments,
hours of operation, and prohibitions on the sale of food or beverages within the
establishment.
C. There is significant risk of injury to massage clients by uncertified massage
therapists and this Chapter provides reasonable safeguards against injury and economic loss.
D. There is opportunity for acts of prostitution and other unlawful activity to
occur in massage establishments. The establishment of regulations relating to operation of
the massage establishment coupled with state certification requirements for massage
therapists, will help reduce the risks of injury and illegal activity.
2
E. Past and current abuses by disreputable massage establishments have
undermined and tarnished the reputation of reputable massage establishments. Massage
therapy practiced by reputable and educated massage therapists is recognized as
therapeutically beneficial.
F. The goals of this Chapter are to implement safeguards against injury and
economic loss; to recognize legitimate massage therapy as having medical therapeutic value;
and to prevent illegal activity by irreputable massage establishments. The regulations and
restrictions contained in this Chapter are intended to encourage reputable massage
establishments and discourage unsafe conditions and illegal activity and the means utilized in
this Chapter bear a reasonable and rational relationship to the goals sought to be achieved.
5.56.020 Definitions.
A. CONVICTION and CONVICTED mean a plea or verdict of guilty or a
conviction following a plea of nolo contendere or any crime that has been expunged.
B. CUSTOMER AREA means areas open to customers of the establishment.
C. HEALTH DEPARTMENT means the Health Care Agency of the County of
Orange, the services of which are performed pursuant to contract with City.
D. MASSAGE THERAPIST means anon-medical health care practitioner
who uses any massage specialty and therapeutic approach in treating patrons in exchange
for anything of value whatsoever and who has a massage therapist certificate as defined in
this
Section.E. MASSAGE THERAPIST CERTICATE means a valid and current
certificate to practice massage issued by the City or by the state pursuant to Business and
Professions Code Section
4601.F. MANAGER means theperson(s) designated by the operator of the
massage establishment to act as the representative and agent of the operator in managing
day-to-day operations of the massage establishment with the same
liabilities and responsibilities.Evidence of management includes, but is not limited to, evidence that
the individual has power to direct or hire and dismiss employees, control hours of operation,
create policy or rules or purchase supplies. A manager may also
be an operator.G. MASSAGE means any method of treating the external parts of
the body for remedial, hygienic or any other reason or purpose, whether by means of
pressure, rubbing or other manner of touching external parts of the body with the hands, or with the
aid of any mechanical or electrical apparatus with or without supplementary aids such
as oils, powders,creams or other similar preparations commonly used
in this practice.H. MASSAGE ESTABLISHMENT means any business
conducted within the City wherein any person, for money or any other consideration, administers
to another person a massage or health treatments involving massage as
a
I. OPERATOR means any and all persons who have an ownership interest in the
massage establishment and/or are responsible for its day-to-day operations and
includes any person who submits an application for a
massage establishment.OWNER meansthe individual(s) whose name appears on the
City
business license.K. PERSON means any individual, or corporation, partnership,
association or other group or combination of individuals acting as
anentity.5.56.030 Operator'
s Requirements.No person shall own or operate a massage establishment within the City
without first obtaining a City business license and a business permit pursuant to
thisChapter.5.56.040 Application for Massage
Business Permit.A. Any person desiring a business permit for a massage establishment shall
file a written application on the form required by the Police Department and as approved
by the City Attorney. The Police Department shall conduct an investigation of the
operator. The applications shall be substantially uniform and shall be signed under the penalty
of perjury.The application shall be accompanied by the appropriate filing fee established
by resolution of the City Council. The application shall be completed and signed by the operator
of the proposed massage establishment, if a sole proprietorship; one general partner, if
the operator is a partnership; one officer or one director, if the operator is a corporation;
and one participant, if the operator is a joint venture. The application does not authorize
operation of a massage establishment unless and until the business permit
is issued.The type of ownership of the business must bestated, i.e., whether
by individual,partnership, corporation or otherwise, along with the true and legal name. The
operator shall designate who is the responsible managing officer. Such designated persons
shall complete and sign all application forms required under this Chapter, but only one application
fee shall be charged. A reproducible photo identification of the operator (i.e. California
Driver's Licenseor I.D. card) shall accompany
the application.B. The application shall include, but not be limited to, the
following information:1. The operator's full name, including any aliases, nicknames,
or
prior names;2. Complete residence, employment and permit history
with other agencies, including permits issues, suspended, revoked,
or denied;3. Social Security number and driver's license number and
date
of
4. A complete current list of the names and residence addresses of all
proposed massage therapists and employees in the massage establishment and the name and
residence addresses of the manager;
5. An agreement that the operator consents to inspections by the City's
Building, Fire, and Police Departments and the County Health Department;
6. A description of any other business operated on the same premises, or
within the City or the State which is owned or operated by the operator;
7. A copy of the operator's massage therapist certificate;
8. If the operator does not have a massage therapist certificate then such
operator shall also provide:
a. A complete set of fingerprints taken by the Police Department;
and
b. Information relating to any convictions of any of the crimes
listed in Section 5.56.050 of this Code.
9. Authorization for the City, its agents and employees to seek
verification of the information contained in the application; and
10. Such other identification and information as the Chief of Police may
reasonably require to verify the information set forth in the application.
C. The application shall be dated and the operator shall certify under penalty of
perjury that all information contained in the application is true and correct.
D. If, during the term of the business permit the operator has any change in the
information submitted on the original or renewal application, the operator shall notify the
Police Department in writing of such change within ten business days thereof.
E. Written Exam. Prior to the issuance of an operator's permit and after
submission of the application required by this Chapter and upon renewal of any operator's
permit, each operator and/or any manager of the massage establishment who is not a massage
therapist, shall prior to assuming such duties, pass a written test administered by the City
covering the provisions of this Chapter. A score of 70% or better is required to pass. An
operator or manager who fails to pass the test shall not be eligible to take the test until 30
days have passed since the prior examination and after failing a second time until six months
have passed since the second examination. If the operator or manager requires the
examination to be given in another language, then he or she must, at his or her cost, make
arrangements with a court certified interpreter to interpret the exam. Proof of court
certification must be provided to the Chief of Police prior to administration of the exam.
5
F. Verification of State-Issued Massage Certificate. Pursuant to the
authority contained in Business and Professions Code Section 4602.5, the Police Department
shall request the Massage Therapy Council to verify the status of the certification of any
massage therapist practicing in the City and request a copy of the background information received
by the Massage Therapy Council from the Department of Justice pursuant to Business
and Professions Code Section4601.3 on any massage therapist practicing in the
City.5.56.050 Massage Business Permit Issuance and
Denial.Upon receipt of a written application for a massage business permit, the
Police Department shall conduct an investigation to ascertain whether the permit should be
issued.The Chief of Police shall, within sixty (60) days of the filing of an application,
approve,conditionally approve or deny the application (30 days if all operators are
massage therapists). The sixty (60) or thirty (30) day period may be extended for up to fifteen (
15)additional days, if necessary to complete the investigation. The Chief of Police shall
issue the massage business permit unless the Chief of Police makes any of the following
findings:1. The applicant has made a false, misleading or fraudulent statement
of material fact to the City in the business permit application
process.
required.2. The application does not contain all of the material
information 3. The massage establishment does not comply with all applicable
laws,including, but not limited to, health, building, zoning, fire and safety requirements
and
standards.
Chapter.4. The applicant does not otherwise satisfy the requirements of
this 5. If the applicant; any officers or directions of a corporate applicant;
a partner, including limited partners of a partnership applicant; or any persons
directly employed by the applicant; have within eight years preceding the date of
application:a. Been convicted of a violation of California Penal
Code Sections 266h, 2661, 314, 315, 316, 318, subsections (a) and (b) of Penal Code Section 647
or650.5, or when the prosecution accepted a plea of guilty or nolo contendre to a charge of
a violation of California Penal Code Section 415 or any lesser included or lesser
related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or
any other provision of law pursuant to which a person is required to register under the
provisions of Penal Code Section
290;b. Been convicted of a violation of Health and Safety
Code Section 11550 or any offense involving the illegal sale, distribution or possession of
a controlled substance specified in Health and Safety Code Section 11054, 11055,
11056,11057 or
11058;
c. Been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to sections 11225 through 11235 of the
California Penal Code, or any similar provisions of law in a jurisdiction outside the state of
California;
d. Been convicted of an act in another jurisdiction, which if
committed in this state would constitute grounds for denial, suspension or revocation of the
Permit;
e. Been convicted of an act involving dishonesty, fraud, deceit or
moral turpitude or an act of violence, which act or acts are related to the qualifications,
functions or duties of the operator;
f. Been convicted of any misdemeanor or felony, either of which
relates directly to the operation of a massage establishment:
g. Has had a massage business permit, business license or
massage therapist certificate or other similar license or certificate denied, suspended or
revoked for cause by a licensing authority or by any city, county or state.
6. Has not passed the written exam required by this Chapter, if
applicable.
7. The applicant has violated the provisions of Chapter 10.5 of the
Business and Professions Code.
8. If the application is denied for failure to comply with subsections 1, 5
or 7 above, the operator may not reapply for a period of six (6) months from the date the
application was denied.
5.56.060 Conditions of Operation.
A. All persons shall comply with the following conditions on issuance of the
business permit and the operator and manager shall ensure such compliance:
1. No person shall massage the genital or anal area of any patron or the
breasts of any female patron. No person, while performing any task or service associated
with the massage establishment, shall be present in any room with another person unless the
person's genitals, buttocks, and in the case of a female, the breasts are fully covered.
2. No person granted a business permit pursuant to this Chapter shall use
any name or conduct business under any designation not specified in the business permit.
3. No massage establishment shall be open for business without having
at least one massage therapist on site.
4. All massage therapist certificates for each on-duty massage
therapist shall be conspicuously displayed in a public place in the lobby and each massage
therapist
shall at all times wear or have on their person a massage therapist ID issued by the state or
City which shall be provided to City officials upon demand for a valid City purpose.
5. The operator shall be responsible for the conduct of all employees or
independent contractors while they are on the premises. Any act or omission of any
employee or independent contractor constituting a violation of the provisions of this Chapter
or Chapter 10.5 of the Business and Professions Code shall be deemed the act or omission of
the operator for purposes of determining whether the business permit shall be revoked,
suspended, denied or renewed.
6. No operator shall employ or contract with any person or otherwise
permit any person to perform massages who does not meet the definition of a massage
therapist as provided in this Chapter. Every operator shall report to the Chief of Police any
change of employees, whether by new or renewed employment, discharge or termination, on
the form and in the manner required by the Chief of Police. The report shall contain the name
of the employee and the date of hire or termination. The report shall be made within five days
of the date of hire or termination.
7. All persons working in the massage establishment shall be fully
clothed. Clothing shall be of a fully opaque, non-transparent material and provide
complete covering from mid-thigh to three (3) inches below
the collarbone.8. The operator shall maintain a register of the name of
all massage therapists working in the massage establishment and for all other employees,
showing the name, used by the employee, home address, age, birth date, gender, height, weight,
color of hair and eyes, phone numbers, social security number, date of employment,
date of termination, if applicable, and duties of each employee. The above information
on each employee shall be maintained in the register on the premises for a period of
two years following termination. The operator and/or manager on duty shall make the
register of employees available immediately for inspection by City officials for City
business purposes at all
reasonable times.9. Each operator shall provide the City with evidence of
the insurance required by Section5.56.060 prior to the issuance of the
business permit.10. The operator shall comply with all provisions of this Chapter
and any applicable provisions of this Code, as well as applicable provisions ofChapter 10.5
of the Business and
Professions Code.11. No person shall administer a massage, or advertise
to personally provide massage services unless such person is a
massage therapist.B. All massage therapists shall comply with the following
additional conditions.1. A massage therapist shall wear or have on their person
their massage therapist ID issued by the state or the City. Such ID shall be provided to
City
officials upon demand. The ID shall bear the true name and any "aka" or nickname utilized
by the massage therapist while performing massages.
2. While on duty, a massage therapist shall not use any name other than
that specified on the massage therapist ID.
3. Massage therapists shall consent to the inspection of all areas of the
massage establishment by the City and Health Department for purposes of determining that
the provisions of this Chapter or other applicable laws or regulations are met.
C. Facilities
1. Massage shall be carried on in a structure which is located in a zoning
district which permits such use.
2. Each massage establishment shall post and maintain, adjacent to the
main entrance and the front of the business, a readable sign identifying the premises as a
massage establishment. The sign and the front of the business shall not be illuminated by
strobe or flashing lights.
3. Each massage establishment shall post and maintain a list of services
available and the cost of such services in a conspicuous public place within the premises. No
operator or manager employee shall permit and no massage therapist shall offer or perform
any service other than those posted. All tips and payments must be made in the lobby area of
the massage establishment.
4. Each operator shall provide in each room sufficient lighting and
ventilation that complies with the Uniform Building Code.
5. A minimum of one (1) toilet and one (1) separate wash basin shall be
available for patrons in each massage establishment, which basin shall provide soap or
detergent and hot and cold running water at all times and shall be located within close
proximity to the area devoted to the performing of massage services. A permanently
installed soap dispenser, filled with soap, and a single service towel dispenser shall be
provided at the restroom hand wash sink. No bar soap can be used. A trash receptacle shall
be provided in each toilet room. Showers may be provided at the operator's option.
6. If male and female patrons are to be treated simultaneously at the same
massage establishment, separate massage rooms shall be provided for male and female
patrons. This provision shall not apply if the patrons remain fully clothed at all times.
7. All facilities for the massage establishment must be in good repair and
shall be thoroughly cleaned and sanitized each day the business is in operation. All walls,
floors and ceilings of each restroom and shower area shall be made smooth and easily
cleanable.
9
8. A massage table or massage chair shall be provided in each massage
room and the massage shall be performed on this massage table or chair. The tables and
chairs shall have a minimum height of six inches (6"). Massage tables and chairs shall be
covered with durable, washable plastic or other waterproof material. Beds, floor mattresses
and waterbeds may not be used in the administration of a massage.
D. Operations.
1. Each operator shall provide and maintain adequate equipment for
disinfecting and sterilizing of instruments used in massage.
2. The City and the Health Department may, from time to time, make an
inspection of each massage establishment for the purpose of determining that the provisions
of this Chapter, State law or other applicable laws or regulations are met. The Police
Department may inspect the occupied massage rooms for the purpose of determining that the
provisions of this Chapter are met upon occurrence of any of the conditions which would
require the posting of the "Notice To All Patrons" as set forth in this Chapter. During an
inspection, the City may verify the identity of all on-duty massage
therapists.3. Common use of towels or linen shall not be permitted. Towels
and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets
shall be provided for the storage of clean and soiled linen and shall be plainly marked "
clean linen" and "soiled linen" and shall have doors or
covers.4. No person shall enter, be in, or remain in, any part of a
massage establishment permitted under this Chapter while in possession of, consuming, using or
under the influence of, any alcoholic beverage or controlled substance. No such person shall
be permitted to enter or remain upon the massage establishment. Service of
alcoholic beverages, drink or food, other than water, shall not be
permitted.5. No electrical, mechanical or artificial device shall be used by
the operator or any employee of the massage establishment for audio and/or video recording
or for monitoring the performance of a massage, or the conversation or other sounds in
the massage rooms without the knowledge and consent of the
patron.6. Each massage establishment shall provide to all patrons clean,
sanitary and opaque coverings capable of covering the patrons specified anatomical areas,
including the genital area, buttocks and female breasts. No common use of such coverings shall
be permitted and re-use is prohibited unless
adequately cleaned.7. Each massage establishment shall keep a record of the dates
and hours of each treatment or service, the name and address of the patron, the name of
the therapist administering such service and a description of the treatment or service rendered.
A short medical history form shall be completed by the operator to determine if the patron
has any communicable diseases, areas of pain, high blood pressure or any physical
condition which may be adversely affected by massage. These records shall be prepared
prior to administering any massage or treatment and shall be retained for a period of one (
1)
after such treatment or service. The City may periodically inspect the records to ensure
compliance. The information furnished or secured as a result of any such records should be
used only to ensure and enforce compliance with this Chapter or other applicable laws and
shall remain confidential.
8. No person shall operate a massage establishment or administer a
massage in any massage establishment between the hours of 10:00 p.m. and 6:00 a.m. All
customers, patrons and visitors shall be excluded from the massage establishment during
those hours.
9. No massage establishment granted a permit under this article shall
place, publish or distribute or cause to be placed, published or distributed any advertising
matter that depicts any portion of the human body that would reasonably suggest to
prospective customers or clients that any service is available other than those services
described in this Chapter, nor shall any massage establishment employ language in the text of
such advertising that would reasonably suggest to a prospective patron that any service is
available other than those services authorized by this Chapter.
10. No person shall engage in, conduct or carry on the business of a
massage establishment unless there is on file with the City Clerk, in full force and effect at all
times, documents issued by an insurance company authorized to do business in the State of
California evidencing that the operator is insured under a liability insurance policy providing
minimum coverage of $1,000,000 for injury or death to one person arising out of the
operation of any massage establishment and the administration of a massage.
11. Proof of compliance with all applicable provisions of this Code shall
be provided.
12. In the event that any employee of the massage establishment or any
person who has been aided and abetted by an employee of the massage establishment has
been found, after full hearing by administrative proceeding or court, to have violated any of
the offenses listed in Section 5.56.050 or Chapter 10.5 of the Business and Professions Code,
the notice set forth below shall be prepared and issued by the Chief of Police:
11
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE
MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO
INSPECTION BY THE ORANGE POLICE
DEPARTMENT WITHOUT PRIOR NOTICE."
The notice shall be conspicuously posted in a location within the massage
establishment that is easily visible to any person entering the premises and in each massage
room. The notice shall be so posted for twelve (12) months following the violation of any of
the offenses set forth above.
5.56.070 Change of Business.
Every operator shall report immediately to the Police Department 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 a controlling
interest of the stock of the corporation, officers, directors and partners in any and all changes
of name, style or designation under which the business is to be conducted, and all changes of
address or telephone numbers of the massage business.
5.56.080 Fees.
The City Council shall establish by resolution the fees for the administration of this
Chapter. Operators shall pay any applicable Health Services Fees adopted by the County of
Orange. Such fees shall be paid directly to the Health Department and be retained by the
County as reimbursement for said services related to this Chapter. Fees required by this
Chapter shall be in addition to any required under any other Chapter of this Code.
5.56.090 Exemptions and Existing Permittees.
A. This Chapter shall not apply to the following classes of individuals while
engaged in the performance of the duties of their respective professions:
1. Physicians, surgeons, chiropractors, acupuncturists, physical therapists
or osteopaths duly licensed to practice their respective professions in the State of California.
2. Physicians, surgeons, chiropractors, acupuncturists, physical therapists
or osteopaths duly licensed to practice their respective professions in the state of California;
so long as such professionals are performing massage, as defined in this Chapter, at a
business as part of their respective professions.
3. A massage therapist, registered or licensed vocational nurse working
on the premises of, and under the supervision of, a state licensed physician, surgeon,
chiropractor or osteopath. Practical nurses or other persons that do not meet the requisite
qualifications for a massage therapist, or any other person not otherwise licensed by the state
12
of California, whether or not employed by physicians, surgeons, chiropractors, osteopaths,
acupuncturists, or physical therapists, may not provide massage services or act as a massage
therapist, unless such persons otherwise meet the requirements of the professional licenses
issued to such state licensed physicians, surgeons, chiropractors or osteopaths.
4. Hospitals, nursing homes, sanatoriums, or other health care facilities
duly licensed by the state of California.
5. Barbers, beauticians, estheticians and manicurists who are duly
licensed by the state of California while engaging in the practice within the scope of their
respective licenses, except that this exemption applies solely for the massaging of the neck,
face and/or scalp of the customer or client of said barber or beautician or in the case of a
licensed manicurist, the massaging of the forearms, hands, calves and/or feet.
6. Accredited high schools, junior colleges, and colleges or universities
whose coaches and trainers are acting within the scope of their employment.
7. Trainers of amateur, semi-professional or professional athletes
or athletic teams when acting in such
capacity.8. National Association of Athletic Trainers (NAT) who perform
services pursuant to such
licenses.B. This Chapter shall not apply to individuals administering massages or
health treatment involving massage to persons participating in road races, track meets,
triathlons and similar single occurrence athletic or recreational events; provided, that all of
the following conditions are
met:1. The massage services are made equally available to all participants in
the
event.2. The event is open to participation by the general public or a
significant segment of the public such as employees of sponsoring or participating
corporations.3. The massage services are provided at the site of the event and
either during, immediately preceding or immediately following the event and the administering
of massages is in full public
view.4. The sponsors of the event have been advised of and have approved
the provision of massage services and the qualifications required of those performing
such
services.C. Commencing on the effective date of this Chapter, permits are to be issued
in accordance with the provisions of this
Chapter.D. All massage therapist certificates issued by the City shall be valid up to
the expiration date, but thereafter shall be obtained from the state. All existing operator
permits
and business licenses issued as of the effective date of this ordinance shall be valid up to the
expiration date listed on the massage permit or business license. All business permits must
be renewed under the provisions of this Chapter.
5.56.100 Transfer, Duration and Renewal of Permits and Licenses.
A. No permit issued hereunder shall be transferable to any other person or
establishment.
B. All massage business permits must be renewed annually. Applications to
renew massage business permits containing the information required by this Chapter for
initial permits shall be filed with the Chief of Police before the expiration of the existing
massage business permit. Such renewal applications must be filed no later than sixty (60)
days prior to the expiration of the permit to prevent a lapse of the permit.
C. ACity-issued massage therapist permit may be renewed if the
massage therapist provides written proof that he or she has taken and completed a total of 36 hours
of continuing education with the permit period from a "registered school" as that term is
defined in Business and Professions Code Section 4600(f). If a massage therapist has three or
more sustained violations of this Code during any permit period, the massage therapist must
pass the written exam provided for in this
Chapter.D. Each applicant for renewal shall file such information as may be required
by the Chief of Police to update the information required for his or her original
massage business permit application and shall pay the appropriate filing
fee.5.56.110 Suspension, Revocation, Denial,
Appeal.A. Violation and
Non-Compliance.The Chief of Police may refuse to issue or renew a massage business permit
or may revoke or suspend an existing permit on the grounds that the operator or permit
holder has failed to comply with the conditions or requirements of this Chapter. If a
suspended permit lapses during the suspension period, a new application must be made at the end
of the suspension period. In any such case, the operator or permit holder shall have the
right to appeal in the time and manner set forth in
this Code.B. Revocation and Suspension of a Massage
Business Permit.1. The Chief of Police may revoke, suspend or refuse to renew
a massage business permit issued under this Chapter if he makes any of the findings for denial
of a permit required by this Chapter or upon any subsequent violation of any provision
within one year following prior suspension under subsection 2 below, or upon demonstrated
inability to operate or manage the massage establishment in a law abiding manner,
thus necessitating repetitive action by law
enforcement
2. The Chief of Police may suspend a massage business permit for a
period of thirty (30) days or more for each violation of this Chapter.
C. Notice.
When the Chief of Police concludes that grounds for denial, suspension, revocation or
refusal to renew a massage business permit exist, the Chief of Police shall serve the operator
or permit holder, either personally or by certified and first-class mail, addressed to
the business or residence address of operator or permit holder as shown on the
permit application, with a notice of denial or notice of intent to suspend, revoke or refuse to
renew the permit. Failure to serve in accordance with this Chapter shall not be grounds for
voiding the Chief of Police's decision if the person actually receives notice. This notice shall
state the reasons for the proposed action, the effective date of the decision if no appeal is filed
by operator or permit holder and the right of the operator or permit holder to appeal the
decision to the City Manager or his designee, who may be a hearing officer. The decision of the
City Manager or his designee shall be final. If the decision is to suspend or revoke a permit,
the notice of the decision shall be mailed at least 14 calendar days before the decision
becomes
effective.D.
Appeal.The right to appeal shall terminate upon the expiration of fifteen (15) days
following the mailing of the Notice and if not appealed by that date, the decision of the Chief of
Police shall become
final.5.56.120 Violation and
Penalty.A. Every person, whether acting as an individual, owner, employee of the owr_
er,operator or employee of the operator, or whether acting as a participant or worker in
any way, who gives a massage or operates a massage establishment or who advertises
massage services within the City without a massage permit in violation of this Chapter shall be
guilty of a
misdemeanor.B. Any massage establishment operated, conducted or maintained contrary to
the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and
a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or proceedings, for the
abatement,removal and enjoinment thereof, in the manner provided by
law.SECTION
II:Should any section, subsection, clause or provision of this Ordinance, for any
reason,be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this Ordinance, it being
hereby expressly declared that this Ordinance and each section, subsection, sentence, clause
and phrase hereof would have been prepared, proposed, approved and ratified irrespective of
the fact that anyone or more sections, subsections, sentences, clauses or phrases be
declared invalid or
unconstitutional.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of
such adopted Ordinance along with the names of those City Council members voting for and
against the Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 13th day of April, 2010.
ATTEST:
r
Mary E`urphy, Cih,~ Clerk, i • nge
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 23rd day of March, 2010, and thereafter at the regular meeting of said
City Council duly held on the 13th day of April, 2010, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:Murphy
ABSTAIN:COUNCILMEMBERS:None
Mary u ,City Cl Orange
16