HomeMy WebLinkAboutORD-01-98 Repeal and Add New Ch 5.56 Massage EstablishmentsORDINANCE NO. 1-
98 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY ORANGE REPEALING CHAPTER 5.56
OF THE ORANGE MUNICIPAL CODE AND ADDING
A NEW CHAPTER5.56 TO THE
ORANGE MUNICIPAL CODE PERTAINING TO
MASSAGE
ESTABLISHMENTS.NOW, THEREFORE, the City Council of the City of Orange does hereby
ordain as
follows:
SECTION!:Chapter 5.56 of the Orange Municipal Code is repealed in its
entirely.SECTION
II:A new Chapter 5.56 of the Orange Municipal Code is added to read as
follows:
Sections:5.56.
010 5.56.
020 5.56.
030 5.56.
040 5.56.
050 5.56.
060 5.56.
070 5.56.
080 5.56.
090 5.56.
100 5.56.
110 5.56.
120 5.56.
130 5.56.
140 5.56.
150 5.56.
160 CHAPTER 5.
56 MASSAGE
ESTABLISHMENTS Findings and
Purpose.
Definitions.Operator's Permit
Required.Application for Operator's
Permit.Operator's Permit Issuance and
Denial.Massage Practitioner
Permit.Application for Massage Practitioner
Permit.Massage Practitioner Permit Issuance and
Denial.Off-
Premises Massage.Requirements
of Operation.Change
of
Business.Fees.Exemptions, Existing Permittees,
Massage Trainees.Transfer, Duration and Renewal
of Permits.Suspension, Revocation, Denial
and Appeal.Violation
5.56.010 Findings and Purpose.
A. The permit requirements and restrictIons imposed by this Chapter are
reasonably necessary to protect the health, safety and welfare of the citizens of the City of
Orange ("City").
B. The City is authorized, by virtue of the State Constitution, and Section
51031 of the Government Code, to regulate massage establishments by imposing
reasonable standards relative to the skill and experience of massage operators and
massage practitioners and reasonable conditions on the operation of the massage
establishment including, but not limited to, age of massage personnel, education,
expc:rience and training of massage personal sanitary conditions at massage
establishments, hours of operation, and prohibitions in the sale of food or beverages
within the establishment.
C. There is significant risk of injury to massage clients by improperly trained
massage practitioners and this Chapter provides reasonable safeguards against injury and
economic loss.
D. There is opportunity for acts of prostitution and other unlawful sexual
activity to occur in massage establishments. The establishment of reasonable standards
for issuance of permits and restrictions on operations would serve to reduce the risk of
illegal activity.
E. The restrictIons and requirements contained in this Chapter reduce the
burdens on the Police Department and permit the deployment of police personnel so that
other crimes may be prevented and other laws enforced.
F. Past and current abuses by irreputable massage establishments have
undermined and tarnished reputable massage establishments. Massage therapy practiced
by reputable and educated massage practitioners is recognized as therapeutically
beneficial.
G. The goals of this Chapter are to implement safeguards against injury and
economic loss; to recognize legitimate massage therapy as a profession of the healing
arts; and to prevent illegal activity by irreputable massage establishments. The
regulations and restrictions contained in this Chapter tend to discourage massage
establishments from degenerating into houses of prostitution and the means utilized in
this Chapter bear a reasonable and rational relationship to the goals sought to be achieved.
Onl. No. 1-98
5.56.020 Definitions.
A. "Health Department." The Health Care Agency of the County of Orange,
the services of which are performed pursuant to contract with City.
B. "Massage Practitioner." - A non-medical health care practitioner meeting
the requirements of this Chapter who uses a massage specialty and therapeutic approach
in treating patrons.
C. "Massage Trainee." - A non-medical health care practitioner meeting the
requirements of this Chapter who uses a massage specialty and therapeutic approach in
treating patrons and who is directly supervised by a Massage Practitioner.
D. "Manager." The person(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.E. "Massage." 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.F. "Massage Establishment." Any licensed 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 significant
function.G. "Owner/Operator." All persons who have an ownership interest III
the massage
establishment.H. "Person." Any individual, or corporation, partnership, association or
other group or combination of individuals acting as an
entity.
I.
which:Recognized School of Massage." Any school or institution of
learning 1. Teaches the theory, ethics, practice, profession and work of
massage;2. Requires a residence course of study before the student is furnished
with a diploma or certificate of completion;
and 3 OId. No.
3. Has been approved pursuant to California Education Code Section
94311 or as the same may be amended, or if said school is not located in California, has
complied with standards commensurate with those required in said Section 94311 and has
obtained certification under any similar state certification program, if such exists.
J. "Qualified Massage Association". An organization or association that
meets each ofthe following requirements:
I. Requires that its members meet minimum educational requirements.
The educational requirements must include at least five hundred (500) classroom hours in
a progressive curriculum, or its equivalent, as determined by written and practical
examination, in anatomy, physiology, hygiene, sanitation, massage theory and practice,
and ethics of massage;
2. Offers and requires participation in continuing education programs;
3. Has an established code of ethics and has enforcement procedures for the
suspension and revocation of membership of persons violating the code of ethics.
4. Is open to members of the general public meeting the requirements for
membership on either a regional, statewide or national basis and is devoted to serving the
interest of its members, the public and the profession.
5. Requires participation and completion by members of a mmlmum
number of hours of specified continuing education as a condition of continued
membership.
5.56.030 Operator's Permit Required.
No person shall own or operate a massage establishment within the City without
first obtaining an operator's permit pursuant to this Chapter and securing the necessary
bnsiness license as required by this Code.
5.56.040 Application for Operator's Permit.
A. Any person desiring an operator's permit for a massage establishment shall
file a written application on the form required by the Police Department which shall
conduct an investigation. The applications shall be signed under penalty ofpetjury. The
application shall be accompanied by the appropriate filing fee established by resolution of
the City Council which shall be a reasonable estimate of the City's cost in processing such
applications. The application shall be completed and signed by the operator of the
Onl. No. 1-98
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 type of ownership of the business must be stated, i.e., whether by individual,
partnership, corporation or otherwise. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its articles of incorporation or charter
together with the state and date of incorporation and the names and residence addresses of
each of its current officers and directors, and of each stockholder holding more than five
percent (5%) of the stock of that corporation. If the applicant is a partnership, the
application shall set forth the name and residence of each of the partners, including
limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of
limited partnership filed with the Secretary of State. If one or more of the partners is a
corporation, the provisions of this subsection peltaining to corporations shall apply. The
applicant corporation or partnership shall designate one of its officers or general partners
to act as its responsible managing officer. Such designated persons shall complete and
sign all application forms required for an individual applicant under this Chapter, but only
one application fee shall be charged. A reproducible photo identification of the applicant
i.e. California Driver's License or J.D. card) shall accompany the application.
B. The application shall require the following information:
1. The applicant's full name, including any aliases, nicknames, or prior
names;
2. Complete residence, employment and permit history with other
agencies, including permits issued, suspended, revoked or denied;
3. Whether the applicant has been convicted, plead no 10 contendre or
had expunged any of the crimes listed in Section 5.56.050 ofthis Code;
4. Social Security number and driver's license number and date of
expiration;
5. If the applicant is an operator, a list of prospective employees, along
with employees' full name and address;
6. If the applicant is an operator,
consents to inspections by the City's Building, Fire,
County Health Department; and.
an agreement that the operator
and Police Departments and the
5 OId. No. 1-
7. A set of finger prints and valid photo identification as required by the
Police Department.
5.56.050 Operator's Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the Police Department
shall conduct an investigation to ascertain whether an operator's permit should be issued
as requested. The Chief of Police or his designee (hereafter "Chief of Police") shall,
within thirty (30) days of the filing of an application, approve, conditionally approve or
deny the application. The thirty (30) day period may be extended for up to thirty (30)
additional days, if necessary to complete the investigation. The Chief of Police shall
issue such permit as requested, unless the Chief of Police makes any of the following
findings:
1. The applicant, if an individual, or any of the officers or directors of
the corporation, if the applicant is a corporation; or a partner, including limited partners,
if the applicant is a partnership, or any person directly engaged or employed in the
massage establishment has:
a. Been convicted (no 10 contendre and expungent pleas shall
constitute a conviction under this Chapter) of a violation of California Penal Code
Sections 266h, 266i, 314, 315, 316, 318, Subsections (a), (b) and (g) of Penal Code
Section 647 or 650.5, or any other provision oflaw pursuant to which a person is reqnired
to register under the provisions of Penal Code Section 290;
b. Within the last 10 years has been convicted of a violation of
Health and Safety Code Section 11550 or any offense involving the illegal sale,
disttibution 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 lIlJunction 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. Within the last seven years has 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;
Onl. No. 1-98
f. Within the last seven years, has been convicted of any
misdemeanor or within the last ten (10) years, a felony, either of which relate directly to
the operation of a massage establishment.
2. The applicant has made a false, misleading or fraudulent statement
of material fact to the City in the permit application process.
3. The application does not contain all of the material information
required by the application.
4. The massage establishment as proposed by the applicant does not
comply with all applicable laws, including, but not limited to, health, building, zoning,
fire and safety requirements and standards.
5. The applicant does not otherwise satisfy the requirements of this
Chapter.
6. If the application is denied for failure to comply with subsections 1,
2 or 3 above, the applicant may not reapply for a period of 6 months from the date the
application was denied.
B. All operators shall comply with the following conditions on issuance of the
operator's permit:
I. No person shall massage the genital or anal area of any patron or the
breasts of any female patron, nor shall any operator of a massage establishment allow or
permit such massage. No person, while performing any task or service associated with
the massage business, shall be present in any room with another person unless the
person's genitals, buttocks, and in the case of female, her breast( s) are fully covered.
2. No person granted a permit pursuant to this Chapter shall use any
name or conduct business under any designation not specified in his or her permit.
3. All massage establishments required to be licensed under this
Chapter shall have a manager on the premises at all times the massage establishment is
open. The operator of each massage establishment shall file a statement with the Chief of
Police designating the person or persons with power to act as a manager. The operator, or
the manager in the operator's absence, shall be responsible for ensuring compliance with
this Chapter.
7 OId. No. 1-
4. The operator and designated manager(s) shall ensure the massage
practitioner permit for each on-duty massage practitioner is displayed in a
conspicuous public
place.5. No operator shall employ any person as a massage practitioner
who does not have a valid massage practitioner permit issued pursuant to this Chapter.
The operator shall deliver the permit and photo identification card of any massage
practitioner no longer employed by the operator to the Chief of Police within ten days of the
massage practitioner's
departure.6. All persons employed in the massage establishment shall be
fully clothed at all times. Clothing shall be of a fully opaque, non-transparent
material and provide complete covering from mid-thigh to three (3) inches below
the collar bone.7. Each operator shall provide the Chief of Police with
evidence of the insurance required by Section 5.56.100 within forty-five (45) days of
the date of
issuance of the permit.5.56.
060 Massage Practitioner Permit.No person shall perform or administer a massage, or
advertise to provide massage services in City, unless, such person has a valid massage
permit issued pursuant to Sections 5.56.070 and 5.56.080 of this Chapter. A
massage practitioner shall comply with llie requirements of Sections 5.56.070
and 5.56.080.5.56.070 Application
for Massage Practitioner Permit.A. Any person desiring a massage permit shall file a
written application on the fornl required by the Police Department which shall conduct
an investigation. Such form shall require the information set forth in Section 5.56.040.
The application shall be accompanied by the appropriate filing fee established by resolution
of the City Council,which shall be based on a reasonable estimate of the City's
cost in administering the permit. No permit shall be
issued unless the applicant:I. Is a member in good standing in a
regional, state or national professional qualified massage association as defined in Section
5.56.020; or 2. Has completed 500 hours in a
progressive curriculum of instruction in the massage specialty and health enhancement approach at
a recognized school of massage with a
stateapproved curriculum; or
3. Has completed 250 hours of such instruction and, in addition, 250
hours of practical experience in the massage specialty and health enhancement approach
and has documentation of hours workednpaid or volunteer (in the form of paid
employment as documented by IRS tax returns or other affidavit). Proof of practical
exp(~rience may include, but is not limited to, 1040 tax returns or W-2 tax forms
provided to the applicant and certified by the employing professional and documentation of
hours);
or 4. Has completed a minimum of 250 hours of such training from
an approved school, and proof of 250 hours additional training
in:a. Continuing educational classes in a progressive curriculum in
the massage field and related classes offered by a recognized school of massage as defined
in Section 5.56.020;
or b. Classes in a progressive curriculum and workshops as set forth
in Section 5.56.070A.4.a. which are approved by the Board of Registered Nurses for
nursing CE credit;
or c. Programs as set forth in Section 5.56.070A.4.a. which
are approved and certified by a qualified massage association as defined by Section 5.56.
020;
or d. Adult education classes in massage and related topics III
a progressive cnrriculum offered through State approved colleges and
universities.B. In addition to the above, the applicant shall have passed an
independently prepared and administered National Certification exam which has been recognized
by objective standards to fairly evaluate professional levels of skill, safety and
competence,as determined by the National Commission for Certifying Agencies (
NCCA).5.56.080 Massage Practitioner Permit Issuance and
Denial.A. Upon receipt of a written application for a permit, the Chief of Police
shall conduct an investigation to ascertain whether such permit should be issued as
requested.The Chief of Police shall approve, conditionally approve or deny the application
within 30 days of the filing of an application. This 3D-day period may be continued
for an additional 30 days if necessitated by the occurrence of events beyond the control
of the Chief of Police to complete the investigation. The Chief of Police shall issue
such permit as requested, unless any of the findings set forth in Section 5.56.050 are
made. For massage practitioner applicants applying for a permit to practice massage at
a massage 9 Ord.
establishment with a current operator's permit, the Chief of Police shall conditionally
approve the application if ilie investigation is not completed within 30 days until such
time as the Chief of Police determines to approve or deny the application.
If the application is denied for failure to comply with this Section, the
appllicant may not reapply for a period of 6 months from the date the application was
denied.
B. All massage practitioners shall comply with the applicable conditions set
forth in this Chapter on issuance of the massage permit.
5.56.090 Off-Premises
Massage.A. For purposes of this Chapter, a massage performed or administered
off-premises and requiring an off-premises massage permit shall be one
performed or administered for money or other consideration by a permitted massage
practitioner or massage practitioner at a location other than a licensed
massage establishment.B. No person shall perform or administer a massage off the premises
of a massage establishment, for money or other consideration, without obtaining
a
massage permit.C. No off-premises massage shall be performed unless the
patron remains fully clothed and is otherwise performed in a manner which does not violate
the provisions
of this Chapter.D. Off-premises massages may not be performed III
a residential unit
or hotel/motel room.E. Persons seeking an off-premises massage
permit shall state in their application the specific reasons necessitating the performance of
the massage at a location
other thana massage establishment.5.
56.100
Requirements of Operation.A. Facilities.1. Structure. Massage shall be carried on in
a structure which is located in a zoning district which permits such use. When
a new massage establishment is constructed, three (3) sets of plans shall be submitted to
City and the Health Department for approval and shall be accompanied by
the appropriate plan check
2. ~. Each operator 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. Each operator shall display the operator's permit in a
conspicuous public place within the massage establishment.
3. Services List. Each operator 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 responsible managing employee shall permit and no massage practitioner
shall offer or perform any service other than those posted. All tips and payments must be
made in the lobby area of the massage facility.
4. Lighting. Each operator shall provide in each room sufficient
lighting and ventilation that complies with the Uniform Building Code.
5. Bath Facilities. 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 handwash 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. Separate Rooms. 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 full clothed at all times.
7. Maintenance. 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.
8. Massage Table. 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.
II Ord. No. 1-
B. Operations.
1. Equipment. Each operator shall provide and maintain adequate
equipment for disinfecting and sterilizing of instruments used in massage.
2. Inspections. As a condition of being granted an operator's permit,
the operator consents to the inspection of the massage establishment during business
hours by the City's Building, Fire and Police Departments and the County Health
Department for the purpose of determining that the provisions of this Chapter or other
applicable laws or regulations are met.
The City's Building, Fire and Police Departments, 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. Criminal investigations may be conducted as
directed by the Chief of Police. 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 Police Department
may verify the identity of all on-duty massage
practitioners.3. Linen. 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. Alcoholic Beverages/Drugs. No-person shall enter, be in,
or remain in, any part of a massage establishment licensed under this Chapter while
in possession of, consuming, using or under the influence of, any alcoholic beverage
or controlled snbstance. The owner, operator and manager shall be responsible to ensure that
no such person shall enter or remain upon the massage establishment. Service
of alcoholic beverages shall not
be permitted.5. Recordings. 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. Coverings. Each massage establishment shall provide to
all patrons clean, sanitary and opaque coverings capable of covering the patrons
specifiedanatomical On!. No.
areas, including the genital area, buttocks and female breasts. No common use of such
cov,:rings shall be permitted and re-use is prohibited unless adequately
cleaned.7. Records. Every person operating a 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 technician administering such service and a description of
the trealment 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) month after such treatment or service. These
records shall be open to inspection only by officials charged with enforcement of this Chapter
and for no other purpose. The Police Department 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. Hours of Operation. No person shall operate a
massage establishment or administer a massage in any massage establishment or administer
a massage pursuant to an off-premises massage permit 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. Advertising. No massage establishment granted a permit
underthis artic:le 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. Insurance. 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 permittee is insured under
a liability insurance policy providing minimum coverage of $500,000 for injury or death
to one person arising out of the operation of any massage establishment and
the administration of
a massage.11. Compliance. Proof of compliance with all applicable
provisions of the Orange Municipal Code shall
be provided.13 OId.
12. Doors. All front, reception, hallway or front exterior doors (except
back or rear exterior doors used for employee entrance to and exit from the massage
establishment) shall be unlocked during business hours. No massage may be given within
any cubicle, room, booth or any area within a massage establishment which is fitted with
a door capable of being locked, unless the only door is an exterior door.
13. Notices.
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, the notice set forth below shall be prepared and issued
by the Chief of Police:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE
MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SlIBJECT 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.
5.56.110 Change of Business.
Every massage establishment 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 more than five percent (5%) 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.
5.56.120 Fees.
The City Council shall establish by resolution the fees for the administration of
this Chapter. Massage establishment operators shall pay the Health Services Fees
Ord. No. 1-98
adopted by the County of Orange. Such fees shall be paid directly to Health Department
and be retained by ilie 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
oftttis Code.
5.56.130 Exemptions. Existing Permittees, Massage Trainees.
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 or osteopaths, who
are duly licensed to practice their respective professions in the state of California, while
pedorming activities encompassed by such professional licenses;
2. Nurses or physical therapists who are duly licensed to practice their
professions in the state of California, while performing activities encompassed by such
professional licenses.
3. 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 fiJllowing the event and the administering
ofrnassages 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.
15 Ord. No. 1-
C. The following requirements of this Chapter shall apply to individuals
administering massages in a massage establishment at which the patrons remain fully
clothed at all times and the administering of a massage is accomplished from an area
whiGh can be viewed by the general public at all times.
1. A person with a City-issued massage practitioner permit who meets
the requirements of Section 5.56.070 is at the site ofthe massage establishment at all
times.2. Any person providing a massage meets the following
minimum requirements and has a City-issued massage
trainee permit.a. The applicant has completed 100 hours of instruction
in a progressive curriculum of instruction in the massage specialty and
health enhancement approach at a recognized school of massage with a state
approved curriculum;b. Is at all times directly supervised by a City
permitted massage practitioner who meets the requirements of Section 5.
56.070.c. Has completed an application containing the
information required from a massage practitioner and other than the educational and
experience requirements complies with all other requirements of a
massage practitioner.d. Applications for a massage trainee permit shall
otherwise be denied in the same manner and upon the same basis as is set forth for
a
massage practitioner.3. The massage establishment is located in a zoning district
which permits such use and the administering of a massage is visible from outside
the massage establishment (i.e., through a glass window). No massages can be administered in
a room enclosed by walls, curtains or other screens on
all sides.4. Bathroom facilities for patrons must be available within
the commercial development in which the massage establishment
is located.5. Massages are performed with patrons in a
seated position.6. The establishment complies with the conditions contained
in Section 5.
56.050.7. Massage trainee permit applications, issuance and denial
shall otherwise conform to the requirements of Section 5.
56.080.Onl. No.
D. Commencing on the effective date of this Chapter, permits are to be issued
in accordance with the provisions of this Chapter.
E. Existing operator's and massage practitioner's permits shall continue III
effect for twelve (12) months from the effective date of this Chapter, but shall be renewed
in accordance with the provisions of this Chapter.
5.56.140 Transfer. Duration and Renewal of Permits.
A. No permit issued hereunder shall be transferable to any other person or
establishment, provided, however, an additional location or change of location of a
massage practitioner permit will be allowed upon prior written notice to the Chief of
Police and payment of the appropriate transfer fee and compliance with all City laws and
regulations.
B. All operator, massage practItIoner, massage trainee and off-
premises massage permits shall expire twelve (12) months from
issuance.C. Applications to renew 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 permit. Such renewal applications mllst be filed no later than thirty (30)
days prior to the expiration of the permit to prevent a lapse of the
permit.D. Each applicant for renewal shall file sllch information as may be
required by the Chief of Police to update the information required for his or her original
permit application. The applicant shall accompany the application for renewal with
the appropriate filing
fee.5.56.150 Suspension. Revocation, Denial and
Appeal.
A. Violation And Non-Compliance. The Chief of Police may refuse to
renew a permit or may revoke or suspend an existing peJmit on the grounds that the applicant
or permit holder has failed to comply with the permit conditions or requirements of
this Chapter. If a suspended pennit lapses during the suspension period, a new
application must be made at the end of the suspension period. In any such case, the applicant
or permit holder shall have the right to appeal to the City Council in the time and manner
set forth in this
Section.17 OId. No.
B. Revocation And Suspension of a Permit.
1. The Chief of Police may revoke, suspend or refuse to renew any
perrnit issued under this Chapter if he or she makes any of the findings for denial of a
perrnit 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 officers.
2. The Chief of Police may suspend any 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 permit exist, the Chief of Police shall serve the applicant
or permit holder, either personally or by certified mail, addressed to the business or
residence address of applicant 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 permit. This
notice shall state the reasons for the proposed action, the effective date of the decision if
no appeal is filed by applicant or permit holder and the right of the applicant or permit
holder to appeal the decision to the City Council.
D. Appeal.
The right to appeal to the City Council shall terminate upon the expiration of
fifteen (15) days following the receipt of the Notice.
The City Council may preside over the hearing on appeal or, in the alternative,
may appoint a hearing officer, which may be the Planning Commission, to conduct the
hearing, receive relevant evidence and to submit to the City Council findings and
recommendations to be considered by the City Council. The City Council shall render a
written decision within thirty (30) days from the date of the hearing or, in the event that a
hearing officer has been appointed, within forty-five (45) days from the date on which
the Ci~ Council receives the findings and recommendations of the hearing officer.
The decision of the City Council shall be final and the written decision shall be forwarded
to the appellant notifying him or her of the 90-day administrative mandamus
appeal period.Onl. No.
556.160 Violation and Penalty.
A. Every person, except those persons who are specifically exempt by this Chapter,
whether acting as an individual, owner, employee of the owner, 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
first obtaining a permit and paying for a license to do so from the City, or who violates any
provision 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
nuis:mce, 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.
SE.CTION III:
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each and every section,
subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION IV:
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 days prior to the City
Cowlcil meeting at which this Ordinance is to be adopled. A summary of this Ordinance shall
also be published once within 15 days after its passage in a newspaper of general circulation in
the: City of Orange. The City Clerk shall post in the Office of the City Clerk a celiified copy of
the full text of the adopted Ordinance along with the names of those City Council members
voting for and against the Ordinance in accordance with Government Code Section 36933.
Adopted this28th day of April 1998.
ATTEST:
Cassandra J. Ca
19 OId. No. 1-
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
here,by certify that the foregoing Ordinance was introduced at the regular meeting of the
City Council held on the 10th day of February , 1998, and thereafter at
a regular meeting of said City Council duly held on the ?>Hh day of
il , 1998, was duly passed and adopted by the following vote, to wit:
AYES:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
OId. No. 1-98 20