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HomeMy WebLinkAbout6.8 Ordinance Regulating Massage Services CITY OF DUBLIN v rQ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 22, 1986 SUBJECT PUBLIC HEARING: Ordinance Regulating Massage Establishments and Massage Services EXHIBITS ATTACHED Draft Ordinance RECOMMENDATION ,�/ Open Public Hearing \f �� Receive Staff Presentation Hear Public Testimony Close Public Hearing Waive Reading and Introduce Ordinance FINANCIAL STATEMENT: The costs incurred by the Police Department in issuing a permit would be recovered by a permit fee . The amount of the fee will be established later by resolution . DESCRIPTION The attached proposed ordinance is brought to the City Council as a part of the comprehensive revision of the City' s ordinances and development of a Municipal Code. The proposed ordinance regulates massage establishments and services . The Police Chief has reviewed this ordinance and concurs with its content. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. I ORDINANCE NO. -86 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES The City Council of the City of Dublin does ordain as follows : Section 1 : DEFINITIONS. Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this ordinance. (a) APPLICANT. "Applicant" shall mean any person who applies for a permit as required by this ordinance. (b) BONA FIDE NONPROFIT CLUB. "Bona fide nonprofit club" shall mean any fraternal, charitable, religious, benevolent or any other nonprofit organizatin having a regular membership association primarily for mutual social, mental, political and civic welfare, to which admission is limited to the members and guests and revenue accruing therefrom is to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization. (c) EMPLOYEE. "Employee" shall mean any person, other than the masseurs or masseuses, who renders any service to the permittee, who receives compensation directly from thepermittee, and who has no physical contact with the customers and clients. (d) HEALTH OFFICER. "Health officer" shall mean the Health Officer of the County of Alameda or his authorized representative. (e) MASSAGE. "Massage" shall mean any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol , liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. ( f) MASSAGE ESTABLISHMENT. "Massage establishment" shall mean any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in sub-section (e) . Any establishment engaged in or carrying on, or permitting any combination of massage and bath house shall be deemed a massage establishment. (g) MASSEUR OR MASSEUSE. "Masseur" or "Masseuse" shall means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. (h) OUT CALL MASSAGE SERVICE. "Out call massage service" shall mean engaging in or carrying on the practice of massage, not at a fixed location licensed as a massage establishment, but at a location designated by the permittee, masseur or masseuse, customer or client. (i) PERMITTEE. "Permittee" shall mean any person operating or maintaining a massage establishment. ( j ) PERSON. "Person" shall mean any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. (k) RECOGNIZED SCHOOL. "Recognized school" shall mean any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than one hundred (100 ) hours, at least seventy-five (75 ) hours of which shall be classroom instruction, to be given before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to Section 29007 . 5 of the Education Code of the State of California. Section 2: PERMIT REQUIRED FOR MASSAGE ESTABLISHMENT. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City of Dublin, the operation of a massage establishment without first having obtained a permit therefor from the Chief of Police in accordance with the provisions of this ordinance. - A bona fide non-profit club shall not be required to obtain a permit but must conform to all applicable building, health, fire and zoning laws. A separate permit must be obtained for each branch location in which the operation of a massage establishment is to be carried on. Section 3 : DISPLAY OF PERMIT: MASSAGE ESTABLISHMENT. Every massage establishment permit issued pursuant to the provisions of this Chapter shall at all times be displayed in a conspicuous place within the massage establishment. Section 4: MASSEUR OR MASSEUSE PERMIT REQUIRED. No person ' shall , in or upon any premises in the City of Dublin, act in the capacity of masseur or masseuse without first having obtained a permit therefor from the Chief of Police in accordance with the provisions of this ordinance. Section 5: IDENTIFICATION NAMEPLATE. Every person acting in the capacity of masseur or masseuse shall , at all times when so engaged, wear on the front of his or her outermost garment an identification nameplate containing his or her photograph, name and permit number. Section 6: NON-TRANSFERABILITY. No permit issued pursuant to the provisions of this ordinance is transferable to any other person or location. Section 7 : APPLICATION: MASSAGE ESTABLISHMENT PERMIT . An application for a massage establishment permit shall be submitted to the Chief of Police on forms provided by him. Such forms shall require submission of the following information: (a) The exact nature of the massage to be administered, the proposed place of business and facilities therefor, and the name and address of the applicant. (b) The two (2 ) previous addresses immediately prior to the present address of the applicant. (c) Written proof that the applicant is at least eighteen (18) years of age . (d) Applicant' s height, weight, color of eyes and hair. (e) Two (2) portrait photographs of the applicant at least 211 x 211 . ( f) Business, occupation, or employment of the applicant for the three (3 ) years immediately preceding the date of application. (g) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (h) All criminal convictions except minor traffic violations. (i) Fingerprints of the applicant. ( j ) The Social Security number and driver' s license number of the applicant. (k) Such other identification and information as deemed necessary by the Chief of Police. Section 8: CORPORATE APPLICANT. If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation and the address of the principal office of the corporation shall be set forth in the application. In addition thereto, the information required by .Section 7 shall be submitted for each of the officers, directors, stockholders and managing employees of the corporation. Section 9: PARTNERSHIP APPLICANT. If the applicant .is a partnership or any other form of unincorporated association, the name of the partnership or association exactly as shown in its partnership agreement or other document creating the association and the address of the principal office of the partnership or association shall be set forth in the application. In addition thereto, the information required by Section 7 shall be submitted for each of the partners, including limited partners, members and managing employees of the partnership or association. If any partner, member or manager is a corporation, the provisions of Section 8 shall be applicable to such corporation. Section 10: VERIFICATION OF APPLICATIONS . All applicants shall sign a declaration under penalty of perjury that the information contained in or submitted with the application is true. Section 11 : ISSUANCE OR DENIAL OF PERMIT. The Chief of Police shall, within thirty ( 30 ) days after receipt of an application complying with all the provisions of this ordinance, issue a permit or deliver to the applicant, personally or by mail , written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 12 . Section 12: GROUNDS FOR DENIAL OF PERMIT . The Chief of Police shall deny the permit if he finds : (a) That any information contained in or submitted with the application is not true; or (b) That the operation as proposed by the applicant would not comply with any provision of this Chapter or any other ordinance or. regulation of the ' City of Dublin or any statute or regulation of the State of California; or t (c) That any person referred to in Sections 7, 8 or 9 or any other person who would be directly engaged in the management and operation of the massage establishment has been convicted of any of the following offenses or convicted of an offense without the State of California that would have constituted any of the following offenses if committed within the State of California. (1 ) An offense involving conduct which requires registration pursuant to Section 290 of the Penal . Code; (2 ) An offense involving the use of force and violence upon the person of another that amounts to a felony; (3 ) An offense involving sexual misconduct with children; (4) An offense as defined in Sections 315, 316, 318, 647 (b) or 647b of the Penal Code of the State of California; or (d) That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property. Section 13 : REVOCATION OF PERMIT. The Chief of Police shall revoke a permit issued pursuant to the provisions of this ordinance if: (a) He subsequently determines that facts exist which, under the provisions of Section 12, would have required denial of the permit at the time of application; or (b) Subsequent occurrences create a situation which, under the provisions of Section 12, would have required denial of the permit had the situation existed at the time of application; or (c) A masseur or masseuse permit previously issued to any employee of, or other person engaged in, the operation is revoked pursuant to the provisions of Section 19 of this ordinance, for any act known to, and consented to by, any of the persons described in Section 7, 8 or 9. Consent to such act shall be conclusively presumed if the person having committed such act is permitted to continue to be employed or engaged in the operation subsequent to the time that knowledge of the occurrence of such act is acquired by any of the persons described in Sections 7, 8 or 9. Notice of revocation of the permit shall be given in writing to the permittee by the Chief of Police. The permittee shall cease all operations under the permit within ninty-six (96) hours of delivery of said notice, unless a notice of appeal is filed pursuant to the provisions of Section 14. Section 14: APPEAL. An applicant or permittee may appeal any action or determination of the Chief of Police under the provisions of this ordinance to the City Manager pursuant to the provisions of Section 7 (a) , (c) and (d) of Ordinance No. -86 by filing written notice thereof with the City Clerk not later than ninety-six (96 ) hours after the delivery of any written notice given by the Chief of Police. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the determination of the appeal by the City Manager . Section 15: MAILED NOTICE. Any notice mailed pursuant to the provisions of this ordinance shall be deemed delivered twenty-four (24) hours after its deposit in a post office or mailbox. Section 16: MASSEUR OR MASSEUSE PERMIT: APPLICATION PROCEDURE. An application for a masseur or masseuse permit shall be submitted to the Chief of Police on forms provided by him. Such forms shall require submission of the following information: (a) The name and residence address of the applicant; (b) The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than one hundred (100 ) hours of instruction, at least seventy-five (75) hours of which shall be classroom instruction; (c) All the information required by subdivisions (b) through (k) of Section 7. I Section 17 : ISSUANCE OR DENIAL OF PERMIT. The Chief of Police shall , within twenty ( 20 ) days after receipt of an application complying with the all the provisions of this ordinance, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 18. - Section 18: GROUNDS FOR DENIAL OF PERMIT. The Chief of Police shall deny the permit if he finds : (a) That any information contained in or submitted with the application is not true; or (b) That the applicant has been convicted of any of the offenses listed in Section 12(c) hereof or convicted of an offense without the State of California that would have constituted any of such offenses if committed within the State of California. Section 19: REVOCATION OF PERMIT. The Chief of Police shall revoke a permit issued pursuant to the provisions of this Article if: (a) He subsequently determines that facts exist which, under the provisions of Section 18, would have required denial of the permit at the time of application; or (b) Subsequent occurrences create a situation which, under the provisions of Section 18, would have required denial of the permit had the situation existed at the time of application. Notice of revocation of the permit shall be given in writing to the masseur or masseuse by the Chief of Police. The masseur or masseuse shall cease all operations under the permit within ninety-six (96 ) hours of delivery of said notice, unless a notice of appeal is filed pursuant to the provisions of Section 14. Section 20: FACILITIES NECESSARY. No permit to conduct a massage establishment shall be issued unless an inspection reveals that the establishment complies with the requirements of the construction codes set forth in City ordinances, and each of the following minimum requirements : (a) Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproofed materials. (b) For toilet rooms, toilet room vestibules and rooms containing bathtubs, there shall be a waterproof floor covering, which will be carried up all walls to a height of at least six (6) inches . Floors shall be coved up on base with at least 3/4 inch cover . The walls of all toilet rooms and rooms containing bathtubs shall be finished to a height of six (6) feet with a smooth, non-absorbent finish surface of Keene cement, tile, or similar material . (c) Steam rooms and shower compartments shall have waterproof floors, walls and ceilings. . (d) • Floors of wet `and dry heat • rooms shall be adequately.-. pitched to one (1 ) or more floor drains properly :` connected to -the sewer. (Exception: dry heat rooms ,• with wooden floors need not be provided with,pitched : floors and floor. drains . ) (e) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. (f) Separate toilet facilities for each sex shall be provided in convenient locations. All toilet facilities shall be equipped with self-closing doors opening in •the direction of ingress to such facilities. Toilets• shall be designated as to the sex accommodated therein. (g) Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. (h) All portions of massage establishments and baths shall be provided with adequate light and ventilation by means , of windows or skylights with an area of not less than one-eighth (1/8th) of the total floor area, or shall be provided with approved artificial light and a mechanical operating ventilating system. When windows or skylights are used for ventilations, at least one-half (1/2 ) of the total required window area shall be operable. To allow for adequate ventilation, cubicles, rooms, and areas provided for patrons' use not served directly by a required window, skylight, or mechanical system of ventilation shall be constructed so that the height of partitions does not exceed seventy-five percent (75%) of the .floor-to-ceiling height of the area in which they are located. All electrical appliances used in the operation of the establishment shall comply with the provisions of City ordinances. Section 21 : OPERATING REQUIREMENTS. (a) Every portion of a massage establishment, including appliances, apparatus, and personnel shall be kept clean and operated in a sanitary condition. r� n-."? ".fer(�k"'P' "r'' •: .rtraky+a+'5�.,' F.:°'r�g 4_ r''•x" ^F� t'y'.y� l'+ r s kS Y e•Y x-I r_. '! i��+ ';yF'd. tix - k.-: ..•r_+•.M1s 1, . ..jz.a�'. ,c`}zo-._.. a''1'a ,r�'.�:'vaRP"; _.,i,-.,.ry•.. 4a. (b) All masseurs, masseuses and employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Such garments shall cover completely the buttocks, genitals and pubic ;hair, and, in the case of females, all portions of the breasts below the uppermost part of the aureolae of the nipples. Provision of a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing. (c) All massage establishments shall ,be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved, sanitary manner. No towels or sheets shall be laundered or dried in any massage establishment unless such establishment is provided with approved laundry facilities for such laundry and drying. Approved receptacles shall be provided for the storage of soiled linens and paper towels. (d) Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use . Section 22: DAILY REGISTER. Every permittee shall keep a daily register, approved as to form by the Chief of Police, of all patrons, with names, addressses and hours of arrival and the rooms or cubicles assigned, if any. Said daily register shall at all times during business hours be subject to inspection by the Chief of Police or Health Officer or their representatives, and shall be kept on file for one (1 ) year . Section 23: INSPECTION. Every permittee operating a massage establishment shall allow inspection thereof during business hours by the Chief of Police or the Health Officer or their representatives. Section 24: ADVERTISING. No massage establishment granted a permit under the provisions of this ordinance 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 patrons that any service is available other than those services described in Section 1 (e) nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 1 (e) . Section 25 : LOCKABLE CUBICLE. No massage may be carried on within any cubicle, room, booth or any area within a massage establishment, which is fitted with a door capable of being locked. Section 26: UNLICENSED MASSEUR OR MASSEUSE. No permittee shall employ as a masseur or masseuse any person who does not possess a valid unrevoked and unexpired permit issued pursuant .to the provisions of this ordinance. Section 27: EMPLOYMENT OF MINORS . No permittee shall employ either as a masseur or masseuse or other employee any person under the age of eighteen (18) years. Section 28: OUT CALL MASSAGE SERVICES. No person shall engage in out call massage services. Section 29: MASSAGE BY CUSTOMER. No customer or client of a massage establishment shall massage a masseur, masseuse or any other person within a massage establishment. Section 30: EXCEPTIONS. The provisions of this Chapter shall shall not apply to: hospitals, nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or persons working under the direction of any such persons or in any such establishments, nor shall this ordinance apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the State of California. Section 31 . PERMIT FEE. No permit shall be issued hereunder until the appropriate fee has been paid. The fee for a massage establishment permit and a masseur or masseuse permit shall be as established by the City Council by resolution. Section 32. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30 ) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of 1986, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk