HomeMy WebLinkAbout68-19 Massage Parlor Regulations1
ORDINANCE NO. b8.1g1
2'
AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, RELATING TO MASSAGE PARLORS, THEIR
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OPERATION, PERSONNEL AND THE REGULATION OF THE SAME.
4.
THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES
5�,
HEREBY ORDAIN
AS FOLLOWS:
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Section
1. There is hereby created Chapter XI of the Costa
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Mesa Municipal
Code entitled Health and Safety which shall read
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as follows:
9
CHAPTER XI
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Health and Safety
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ARTICLE I
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Massage Parlors
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SECTION
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11.101
Massage defined
11.102
Massage Parlors defined
15.
11.103
Massagist, Masseur or Masseuse defined
11.104
Permit required
161'
11.105
Treating opposite sex
11.106
Exemptions
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11.107
Permit Required --employees and agents
11.108
Permit --application
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11.109
Application --Employees of applicant
11.110
Investigation
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11.111
Granting of Permit
11.112
Duration
20
11.113
Revocation of permit
11.114
Revocation Hearing
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11.115
Application Investigation Fee
11.116
Permit --Transferability
22
11.117
City License
11.118
Rules and Regulations
23
11.119
Immoral practices prohibited
11.120
Penalty
251 Sec. 11.101 Massage defined.
26' The word "massage" shall mean and include a method
271 of treating the external parts of the body for remedial or hygien
28 purposes, consisting of rubbing, stroking, kneading, adjusting or
29' tapping with the hand or any instrument, including any manual
30'I manipulation of, or the application of a mechanical device to the
31I human trunk or limbs of another, except by a person holding an
32. unrevoked certificate to practice the healing art under the laws
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of the State of California.
Sec. 11.102 Massage parlors defined
The term "massage parlors" shall mean and include
any Sauna Bath, Turkish Bath Parlor, battle creek system treat-
ments, magnetic healing institute, massage parlor or any place or
institution where treatment of the human body is given by means
of massage or bath.
Sec. 11.103 Massagist, masseur or masseuse defined
The word "massagist","masseur", or "masseuse" shall
mean and include both the singular and plural, and shall also mean
and include any person who practices massage as heretofore defined
Sec. 11.104 Permit required
No person shall engage in, conduct, manage or carry
on the business of giving steam baths, electric light baths,
electric tub baths, shower baths, sponge baths, sun baths,
mineral baths, Russian, Swedish or Turkish baths, or giving salt
glows, or conduct, manage or carry on any place where such baths
are given or any public bathing place which has in connection
therewith a steam room, dry hot room plunge, shower bath, or
sleeping accommodations without a written permit from the City
Council. No person shall operate a massage parlor or give
fomentation, massage, electric or magnetic treatment or alcohol
rubs, or conduct, manage or carry on any place where fomentations,
massage, electric or magnetic treatments or alcohol rubs are
given without a written permit from the City Council. No person
shall act as a masseur or masseuse without a written permit from
the City Council.
Sec. 11.105 Treating opposite sex
No person shall administer, for hire or reward, to
any person of the opposite sex, any massage, any alcohol rub or
similar treatment, any fomentation, any bath, or any electric or
magnetic treatment, nor shall any person cause or permit in or
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about his place of business, or in connectinn with his business,
any agent, employee or servant or any other person under his
control, or supervision, to administer any such treatment to any
person of the opposite sex.
Sec. 11.106 Exemptions
This section shall not apply to any treatment
administered in good faith in the course of the practice of any
healing art or profession by any person licensed or permitted to
practice any such art or profession under the provisions of the
Business and Professions Code of California or of any other law
of this State.
Sec. 11.107 Permit required --employees and agents
No person or operator of a bathhouse or massage
parlor shall employ or utilize the services of a masseur or
masseuse or any person as such who does not possess a valid and
current permit to work for said person or operator in that
capacity as provided for herein.
Sec. 11.108. Permit --application
Each person, before obtaining a permit to carry on
the business of, or work as a masseur or masseuse at baths and
massages as listed above, shall make a written application to and
upon forms furnished by the Chief of Police, which shall be
signed by such applicant. In addition to any other information
which may reasonably be required by the Chief of Police, said
application shall show the true name of the applicant, his
fictitious name or names, if any, his age, his present address in
the City, or elsewhere, his proposed business address in the City
the name under which said applicant conducted any similar busines
if any, and the place of his residence at such time, together wit:
rich application. The applicant shall furnish a recent photograph
of himself and his fingerprints to the Chief of Police.
Said forms, shall also include in addition to such
other information as shall be required by the Chief of Police,
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1 the following:
2 a. Written proof that the applicant is over the
3', age of twenty-one years.
4 b. That applicant has been a bona fide resident
51' of county continuously for ninety (90) days immediately
6 preceding the date of making application.
7 C. Written proof of applicant's experience in
the profession, work and method of treating the external
9 parts of the human body for remedial or hygenic purposes
10!, by rubbing, stroking, kneading, adjusting or tapping with
1111 the hand or hands or by instrument, or such applicant must
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12' furnish a diploma or certificate or graduation from a
13I recognized school or institution of learning wherein the
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14 method, profession and work of massagist is taught.
151 d. Written statements of at least five bona fide
16II residents of the county that such applicant is of good moral
17 character.
18' e. Record of all arrests and convictions
19I including traffic violations.
20 Sec. 11.109 Application --employees of applicant
21,1 All persons employed by an applicant shall complete
221 the same form and supply the same information as required of such
231 applicant. if an adverse report is made by the police department,
24 after its investigation, the city council may, after a public
25 hearing, revoke the license of such applicant if such applicant
26'i employs such person.
27I Sec. 11.110 Investigation
281 The Chief of Police shall cause an investigation
29lI�i to be made of each application and applicant and shall report
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301 his findings to the City Council at the time the application is
3111 to be considered by the City Council.
32; Sec. 11.111 Granting of Permits
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1 The City Council may issue a permit to an
2 applicant when it shall reasonably appear, after investigation,
3 that the applicant possesses good moral character and is a proper
4 person to conduct or work at such business. The City Council
5. may continue consideration of any application from time to time
61 until the investigation provided for herein shall be completed
7� but in no event shall said investigation exceed sixty (60) days
8 in duration. Any application not denied within sixty (60) days
9' shall be deemed granted.
101 Sec. 11.112 Duration
Said permit granted as provided for herein shall
12be effective until revoked or surrendered as hereinafter
13 provided.
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14, Sec. 11.113 Revocation of Permit
15 The City Council may revoke or suspend the permit
16. and license of any person holding same in the City, upon receivinc
17I satisfactory evidence that the said permittee or licensee has bee,
18, convicted of, or has entered a plea of guilty to any violation of
19 the provisions of this section or any other law or ordinance of
20 the City or State relating to such business, or upon the
21 recommendation of the Chief of Police. The Chief of Police may
22 recommend revocation of any permit issued or granted under
23I Section 11.111, if, after investigation, the permittee is
24!determined to be a person who is not of good moral character or
25i is determined not to be a proper person to conduct or work at
26'I such business, or upon receipt of evidence that the permittee or
27I operator is engaging in immoral, improper or otherwise objection -
28 able conduct or behavior. Whenever a permit or license shall
29I,;I have been revoked under the terms of this Section, no other
30,1 application for a permit to carry on a similar business by such
3 ,11 1'. person shall be considered for a period of one (1) year from the
32. date of such revocation.
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Sec. 11.114 Revocation Hearing
No permit shall be revoked until a hearing thereon
shall have been had by the City Council, notice of which hearing
shall have been given in writing and served at lease five (5)
days prior to the date of such hearing upon the holder of such
permit, his manager or agent, which notice shall state the ground
of the complaint against the holder of such permit, and the time
the place where such hearing will be had. Such notice shall be
served on the holder of such permit by delivering the same to sue:
holder, his manager or agent, or by leaving such notice at the
place of business or residence of such holder with some adult
person. If the holder of such permit cannot be found and service
of such notice cannot be made upon him in the manner herein
provided, then a copy of such notice shall be addressed to the
holder of such permit at such place of business and deposited in
the United States Mail at Costa Mesa, California, with the
postage thereon fully prepaid, at lease ten (10) days prior to
date of such hearing. The time of such notice may be shortened
by the City Council with the written consent of the holder of the
permit.
Sec. 11.115 Application Investigation Fee
Each and every applicant for a permit shall pay
the sum of twenty-five dollars at the time of filing of the
application. No part of any fee collected shall be refunded to
any person for any reason whatsoever.
Sec. 11.116 Permit --Transferability
A change of location may be endorsed on a permit
by the City C Jerk, upon the approval of the City Council and
upon written application of the permittee stating the proposed
new address and such other information as the City Council may
reasonably require.
11 Sec. 11.117 City License
2I All applicants being granted a permit under this
3' section shall pay an annual license as provided for in Chapter VI,
4I Article 2, Part II, Section 6228 of the Costa Mesa Municipal Code.
5' Sec. 11.118 Rules and Regulations
6 The Chief of Police shall cause to be compiled rule
7 and regulations in printed form to be delivered to each applicant
$' having been granted a permit which shall include but not
91 necessarily be limited to the following requirements:
10 (1) Every person licensed to maintain, conduct or
11operate a massage parlor or licensed to do any of the other
12 things mentioned in this chapter in the city shall at all
13,1 times keep a registration book in connection therewith in
14 which each and every client's or patient's first, middle
15 and last name and complete address shall be written, togethe3
161 with the date of treatment, and such book shall be open at
1711 all times to the inspection of any police officer of the cit!
18i or to any peace officer of the state. Such police officer
19 or officers or peace officers or officers shall at all times
20'I without a search warrant, have authority to inspect all
21'I records and all premises of licensee where any such
22I business or practice of such licensee is carried on.
(2) The permit issued by the City Council to a
24: bath house or massage parlor shall be prominently displayed
25�'' in the reception area of such business at all times.
26, (3) The permit issued by the City Council to a
271 masseur or masseuse shall be retained on the person of such
28� masseur or masseuse while actually engaged in such activity
29� and will be displaced to any peace officer upon demand.
30. (4) The permit issued by the City Council to a
311 person to act as masseur or masseuse for a licensed bath
3211 house or massage parlor shall be returned, by such masseur
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or masseuse, to the Chief of Police within five (5) days
after such masseur or masseuse no longer is so employed.
Sec. 11.119 Immoral practices prohibited
It shall be unlawful for any person to massage any
other person or give or administer any bath or baths or to give or
administer any of the other things mentioned in this chapter for
immoral purposes or in a manner intended to arouse, appeal to
or gratify the lust or passions or sexual desires and so doing
shall be deemed grounds for the revocation of the permit granted
hereunder.
Sec. 11.120 Penalty
Every person, except those persons who are
specifically exempted by this chapter, whether acting as an
individual, owner, employee of the owner, operator or employee of
the operator or whether acting as a mere helper for the owner,
employee or operator or whether acting as a participant or worker
in any way, who gives massages or conducts a massage parlor or
room or who gives or administers or who practices the giving or
administering of steam baths, electric light baths, electric tub
baths, shower baths, sponge baths, vapor baths, fomentation, sun
baths, mineral baths, alcohol rubs, Russian, Swedish or Turkish
baths, or any other types of baths, salt glows or any type of
therapy or who does or practices any of the other things or acts
mentioned in this chapter without first obtaining a permit and
paying for a license so to do from the city or shall violate any
provisions of this chapter shall be guilty of a misdemeanor and
shall be punishable as provided for in Section 1115 of this Code."
Section 2. There is hereby added to Chapter VI, Article 2,
Part II, Section 6228 of the Costa Mesa Municipal Code which shall
read as follows:
"Section 6228. License fees, Massage Parlors, Operators and
Employees.
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1 Every person owning, maintaining or conducting a massage
2 parlor shall pay the sum of thirty-five dollars per year.
3,I Every massagist, except any person who owns, operators or
4conducts a massage parlor in the city, shall pay the sum of
5I, fifteen dollars per year.
51 This section shall have no application and no effect upon,
7. and shall not be construed as applying to, any of the
8persons designated as follows:
9 Physician, surgeon, chiropractor, osteopath or
10 any nurse working under the supervision of a
11 physician, surgeon, chiropractor or osteopath
12 duly licensed to practice their respective
13, professions in the state."
14' Section 3. This Ordinance shall take effect and be in full
15� force thirty (30) days from and after its passage and prior to
16 the expiration of fifteen (15) days from its passage be published
17. once in the Orange Coast Daily Pilot, a. newspaper of general
18II circulation, printed and published in the City of Costa Mesa,
191 together with the names of the members of the City Council
20, voting for and against the same.
21' M
PASSED AND ADOPTED this -20 is .2OT day of //a� , 1968.
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23
�'City Clerk of the City of Costa Mayor of the City of Co a Me s.
24 Mesa
25' STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
26� CITY OF COSTA MESA )
1
27 I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -
officio Clerk of the City Council of the City of Costa Mesa, harsh
28', certify that the above and foregoing Ordinance No. 6r/9 was
introduced and considered section by section at a regular meeting
2911 of said City Council on the 46' day of flay , 1968, and thereafte
passed and adopted as a whole at a regular meeting of said City
30 Council held on the, Q X day of + q 1968 by the following
roll call vote:
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AYES
w'10q
�rcKC,r J//t/K, //rKQak� �l klcr
//// �
NOES A4•/14
ABSENT /V &"� C
IN WITNESS WHEREOF, I have hereunto set my hand -ani} affixed
the Seal of the City of Costa Mesa, this.21vr day of T,1968.
City Clerk- or the City of Costa Mes
and ex -officio Clerk of the City
Council of the City of Costa Mesa.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY, OF COSTA MESA)
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
..the Legal Advertiaing Manager
of the ORANGE COAST DAILY PILOT, a newspaper ofgen-
eral circulation, printed and published in the City of Costa
Mesa, County of Orange, State of California, and I certify
that Ordinance Nn_ 6F-19 ,
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on May 25,1968
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on May 25,196A , 19-,
at Costa Mesa, California. {Q
Cj ��
Sign •)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA)
1, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that Ordinance No.— 68-19 was introduced and considered,
section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 6th
day of Nay, 1968 and thereafter passed and adopted as a whole at a regular
meeting of said City Council held on the 20th day of May 1961, by the
following roll -call vote:
AYES: COUNCILMEN - WILSON TUCKER ST. CLAIR, JORDAN, PINKLEY
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
NONE
I FURTHER CERTIFY that said Ordinance No. 68-19 was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
25th day of May , 1968.
City Clarkand ex -officio Clerk of the City Council
of the City of Costa Mesa
l.G Vf W lY V I'al.G
E No HIM
F THE CITY <CYN I tear tore., shall have he
dNlned
Paris defined
. Mzsseur or ldesu
auh0
xiM xx
&PIred — empl.
apetrition
n — Emploveea of
lee
en Permit
Ph of oermll
he or slnveallowlon Fee
Sa'.". is mIMI1pI�h xnur a
m se coined
To, wore "massa915Y'. "messed". of
"clum" shall ark"aha Ince.
i
bell the 5l nagflier and plural. and see
m and include anyperson
M
precluses nm age as Mbla
reredeur
to
sit. Ila. Paying ...lead
No Person heme In. conduct
an... by ort lant
the business of de,
irq sham baths, electric light bath
.am, Me Wills, sower hatlls. non.
WNW Hopes .sSxMN her Tu kishlbs haa.thei
.vIM yBmartua
or carry a any or pis" where 'i
bethl
am .
which vhas Ip cons nor helrewlma`i
am
IDquars s, Cub Correll. NO worm shall adores
. Masseur Or Hwus a run
ten Permit horn the `City Council.
Spa. N.".I IN
7IN11...exile sex
re
new a ,1. any 11samonnat .,.lone ellm
eyes, an, any alaMl .up o
similartorome lawny hmenbslm. e I
ham, a elemm a magnetic time
me or
shall r
.mit m or .halal ms loop M busines�
Permit
to emnenion with his business, an
Pxntremphoyee her servant or any other
erson under his .,will, or su
ro ad.'
.m push Implement Msany
morsom w the .1 .n. see:
$w. 11.1. Eaemotima
This section shall nw aPPN le any
ffi
1anant aaminishad se goad esim i.
thi [mrs� sign ev nine M.nvlllu 9
rmxled to practice any such art or
Phouses" urAer me moduli OF the
Fuslowe cad Imperial— CW f
California Or Of
any Other kw of this
.ishSee 11.1. .
.am,— Ming aeelds Permit .seined
No operator of a sheepish
ll wasploor or
mmmassage s rpnae of a
sucmasseur Who
4Wee mi possess : v:liea nor Nwam
oermll ro work for .dial Persian
ia.ate in Mat opacity as rlam
ar heath.
La 11.IM Permit — luptimlia
Each home aOswnimg
m,n lo°v n Ma buslnxs a
w:wk .. a maser .r mesroe..1
Ms. e
de
folbwly
a. arren .1.Mar the
Is mer mme .ger. Or arm-
any person lMedanynpamn
MuImad.
And a ,
ro M
me Mcance iles Officer el me cin o: to zm
[.,flew of me stale. such police
Peace
w wears o re officer Or
encoa scall .I ell Omit, stones e
aexl all me a.
search warrent, have authorlh to Im
all Omato..s a
Ilanxe where any such business or
racnn of such liamx is carried
or(g) The Perot fueled by the City
CoP„[I le d ba@ house Or .,..seed
ly disposed
n rlor oe rhall Me llm am. a sh business
C(11 The Pel illermit Haiti Me the CIN
or
chaff the
retainednowxeme an role Person as
such m e while d
afelly a ped In alleas. M.M, and
will be displayed IN, any cera pHl.r
eons.”.
Council
1`s The a," to a Penson b dolsued s the se V
masseuseor me a nanXd baln'MWf
or andams.
porton shell boriented.
e oriend.
ber suchr
., ore. tothe
Chi. w Pause width fly`. (5) drive
after Such masseur Or masseuse or
Ironer is somoloverd.
Sae. 11.115 Immoral pneHees Prohibited
It shall be oriental tar any Person to
hro
administeaey Path apaeems her m sive
rens, mos In this teacoff h per Mops
armareas m o a r intended M
peal to o ..nlr me Ills a
elunsac flat declogs and w .ting
al be daemon gmunes for the —cw
non w the Peron granted hereunder.
Sm. II.I. Penally
Every Person floods tau persons
whoa -iuchuy a mvled by fads
ehephL eo r acti
alvlau.h ownetilr. on
r. Me `wmem
eealoe employed me of erator o
Window acting as amere helper for Me
mplown or- ... for of whether
actio as a Participant or worker In any
way, ge aroom a who gives `s or smusesaor
Mi nlAvalor x or who paanim5 the giving
r administering w steam hese. air,
Inc light hoe. electric be bore.
bamLrhma m:nan,° sun dein, mose:i
b.
the: .Imhof aw. esssron, sweaty or
bona., Ht ..a a or any ham 0 merseeve
or wall doaMe MI space rads MPractientioned in tes any Of M
.,abler without first aeblnino a who it
dna vina m a air—. or vaddoo from
the an n vlole any 11sers
hr to
Person
xl ler. memlali ar
.rlor shall pay
of MmMalke dons. a
Means'. a ate ,
a eoMUM .
as,Parallel
In M. fly. Moll Pay
N .,hen dealers ver war,
OHm shall have mppllutan
.reel upon, are stun not be
I .a Mushick ro1 any a lbw
Icgnated as to was
lar,cbimpracler.
iM or any nurse working under
Mormhhan of a phvsiaan.
b. That applicant nae Eden a bo0a
br nrifte VIM cdenn 1 medIMM,
Maretlire Me data at making Ad-
d-
p
aWtlXen sfaYmen$ M al keel
Me band fide M.1d,nls of Ma awmly
that smn eomiant Is ee man moral
character ard ne .n ertnla .ad aT
ViCI10M becmdmn +ax¢ mmannv.
stt. I.lar annutim — enPwyax .1
a An peens arepmyM W anvvnnm
snnl eamplela the dame farm tad Na
.Iy the .eme Imormanon ae rtnmrede W
rvN .IIWm. If an adwoe raped n
made ey ane pence deoeelm.ne beer iM1
imestiaalbn, the alh aancil Tay, after
blit neatlM, revoke int Ilceme M
mute aooliaant If sUU applicant empty:
aphan
Sec. II.11.lMaInidia,
TM Chief of Pollca Snell cause an In
vestharhon id be mate of each a
nncanon and ani .M had —1
ls flMlrea in In. Cm Cncnul 0 mi
,I. >M appnanan I. m be can idere,
W the em tempi.
See. 11.111 OnnNn. H Permlh
Tne Cit, Cocncll may issue a oermi
tae apo,kr InaestleellaeltroThe SP
pl c nt Possesses dean mual that The
end bar perm he conduct o
work alrvrn busineds. The CIN Cenci
odeathemnia,Ida
—,llen ee any
v "IMIlmsMen p MbV her
art n
l Fflorl A, it
emit ab
mokted M, In no edea.. sale Ir
oeni.mlen exceed sixq (a) peva I