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HomeMy WebLinkAboutORD 1169ORD 1169$Í;¢f4§AORDINANCE NO. 1169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO THE MUNICIPAL CODE SECTIONS 118.01 THROUGH 118.22 MASSAGE PARLORS" AND VARIOUS SECTIONS OF CHAPTER 153 ADDING DEFINITIONS PERTAINING TO ACUPRESSURE AND MASSAGE PARLOR BUSINESSES. APPLICATION REQUIREMENTS, LICENSING REQUIREMENTS. REGULATIONS AND SPECIFIC LOCATION CRITERIA FOR THESE TYPES OF ESTABLISHMENTS APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC-143) THE CITY COUNCIL OF THE CITY OF BALDWIN DOES HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find determines and declares as follows: WHEREAS, the City of Baldwin Park hereinafter Applicant") heretofore filed an application Application") requesting approval of amendments to Sections 118.01 through 118.22 Massage Parlors" and various sections of Chapter 153 adding definitions pertaining to acupressure and massage parlor businesses, application requirements, licensing requirements, regulations and specific location criteria for these types of establishments; and WHEREAS, on January 17, 2001 the City Council conducted a duly noticed public hearing upon said application; and WHEREAS, the proposed changes provide for the protection of health, safety, and welfare of the residents of Baldwin Park; and WHEREAS, the permit requirements and restrictions imposed by these regulations are reasonably necessary to protect the health, safety, and welfare of the citizens of the City; and WHEREAS, the City is authorized, by virtue of the Constitution of the State of California, and Section 51031 of the California Government Code. to regulate massage/acupressure establishments by imposing reasonable standards relative to the skill and experience of massage/acupressure operators and technicians and imposing reasonable conditions on the operation of the massage/acupressure establishment; and WHEREAS, there is a significant risk of injury to clients by improperly trained and/or educated massage technicians and these amendments provide reasonable safeguards against injury and economic loss; and WHEREAS, there is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage/acupressure establishments. The establishment BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169- Page 2 of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity; and WHEREAS, the City Council conducted a duly noticed hearing upon said matter, and based upon the evidence presented, it was determined that the public interest, necessity, convenience and general welfare require the approval of the amendments to the Municipal Code. SECTION 2. That Section 118.01 DEFINITIONS" is hereby amended to apply the following definitions unless the context clearly indicates or requires a different meaning. Acupressure" is an ancient non-invasive healing art that uses the fingers and hands to press key points on the surface of the skin. Acupressure uses the same points and meridians patterns of energy flow) as acupuncture, but instead of needles, treats with varying degrees of pressure applied by the fingers and hands. Adult Oriented Merchandise" means any sexually oriented implements, paraphernalia or novelty items, such as, but not limited to condoms, dildos, sexually- oriented vibrators, sexually-oriented lubricants, which are designated or marketed primarily for the stimulation of human genital organs. Chief of Police" means the Chief of Police of the City of Baldwin Park. or his designee. City" means the City of Baldwin Park. City Council" means the City Council of the City of Baldwin Park. Chief Executive Officer" means the Chief Executive Officer of the City of Baldwin Park, or his or her designee. Conviction." or convicted" means a guilty plea. guilty verdict or a conviction following a plea of nolo contendere. Customer area" means areas open to customers of the establishment or the general public. Employee" means any and all persons, other than a massage technician, operator or manger, who renders any service, with or without compensation, for the owner, operator. manager or agent of either an owner, operator or manager of a message establishment and who has no physical contact with customers or clients. For purposes of this chapter the term employee" shall include independent contractors. Health Department" means the Health Care Agency of the County of Los Angeles. Lobby" means one room or designated area. adjacent to the public entry, which is used for an entry and/or waiting room for customers or other persons authorized to enter the premises. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169 Page 3 Manager" means 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 with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manger may also be an owner. A manager must meet the standards and qualifications to qualify as a manager. Massage" means any method of treating the external parts of the human body for remedial health, hygienic relaxation or any other reason or purpose, whether by means of pressure on. friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or any other manner of touching external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil. powder, cream, ointment or other similar preparations commonly used in this type of business or trade. Massage" also means and includes the method of treating the superficial, soft parts of the human body commonly known as acupressure". Massage establishment" means any enterprise or establishment having a fixed place of business conducted within the City of Baldwin Park, were any person, firm. association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a message, bath or health treatment involving massages or baths including but not limited to fermentation, electric or magnetic treatments, alcohol rubs. or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish. Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fermentation, or any other type of bath. Massage room" means a cubicle, booth, room or enclosed or semi-enclosed area within a message establishment where massage services are performed on patrons. Technician" means any person who administers to another person a massage as defined herein, within a massage/acupressure establishment for any form of consideration or in exchange for anything of value whatsoever. The term's massage therapist." massage practitioner," massage trainee", masseur" or masseuse" as included within this definition for purposes of this chapter. Operator" means all person who have an ownership interest in the massage establishment. A operator may also be a manager or an owner. A proposed operator shall provide all the information required for and meet all of the standards to qualify as an operator. Operator's permit" means the permit issued pursuant to the provisions of this chapter required to operate and/or manage a massage establishment. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169- Page 4 Out Call Massage" means a massage performed or administered for money or other consideration by a licensed massage technician at a location other than a licensed massage establishment. Owner" means the individual(s) whose name appears on the City business license and includes any and all persons who have any ownership interest in a massage establishment. An owner may also be a operator or manager. Person" means any natural person, individual, or corporation, partnership, association or other group or combination of individuals acting as an entity. Police Department" means the Police Department of the City of Baldwin Park or their designee. Qualified Massage Association" means any association which meets all of the following criteria: 1) Has established, a minimum education requirement for membership, the completion of at least five hundred 500) hours of training from a recognized school of massage. and has a written and practical testing of equivalency administered and overseen by its admissions committee or by a national certified program endorsed by the National Commission for Certifying Agencies NCAA), which will be considered in lieu of the minimum education requirement of five hundred 500) hours; 2) Offers and requires participation and completion by members of a minimum of twenty 20) hours of specified continuing education per year as a condition of continuing membership; 3) Is Open to members of the general public, meeting the requirements for membership on a national basis; 4) Has minimum educational requirements or equivalents, including at least five hundred 500) classroom hours or its equivalent in anatomy, physiology, hygiene, sanitation, massage therapy and practice, ethics of massage practice, first aid and CPR. Equivalency must be verified by written and practical testing by the association; 5) The association has established rules of ethics and has enforcement procedures for the suspension or revocation of membership for violation of such rules. Recognized school of massage" means any school or institution of learning which teaches, through State Certified Instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code, including but not limited to Sections 94900 or 94905. and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course no requiring personal attendance shall not be deemed a recognized school. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169-Page 5 SECTION 3. That Section 118.02 PERMIT REQUIRED" is hereby amended to read as follows: It shall be unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on of the business or operation of a massage/acupressure establishment within the City without first obtaining an operator's permit pursuant to the provisions of this Chapter, and complying with all other applicable provisions of this Code, including but not limited to securing the necessary business license and complying with applicable business and zoning regulations of this Code. SECTION 4. That Section 118.03 APPLICATION FOR PERMIT" is hereby amended to read as follows: A. Any person desiring to obtain a permit to operate a massage/acupressure establishment shall submit a written application under penalty of perjury on the required form to the Chief of Police who shall conduct an investigation. The application shall be accompanied by an non-refundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter. B. The application shall be completed and signed by the owner/operator of the proposed massage establishment if a sole proprietorship or if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this Chapter. C. The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this Code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application. D. The application for a permit does not authorize the operation of a massage/acupressure establishment unless and until such permit has been property granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform for work for which a massage technician permit is required. E. The application for a massage establishment permit shall contain or be accompanied by the following information: 1. The type of ownership of the business, i.e.. whether by individual, partnership, corporation or otherwise. a. 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, directors and each stockholder holding more than five percent of the stock of that corporation. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169-Page 6 b. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. c. If the applicant 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 the subsection pertaining to corporation shall apply. 2. The true full and precise name under which the massage establishment is to be conducted. 3. The present or proposed address where the massage/acupressure establishment is to be conducted. 4. A complete current list of the names and residence addresses of all proposed massage/acupressure technicians, aides, trainees and other employees who are or will be employed in the massage establishment if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten(10) calendar days prior to opening for business. 5. The name and residence address of the proposed operator or manager who will be principally in charge of the operation of the massage establishment. 6. A description of any other business operated on the same premises as the proposed massage/acupressure establishment, or within the City or the State which is owned and/or operated by the owner or operator. 7. The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his/her property. 8. The complete business, occupation and employment history for eight years proceeding the date of application, including, but not limited to. a massage establishment or similar type of business history and experience of the applicant. 9. The complete permit history; whether such person has ever had any similar type of permit or license issued by an Agency, Board, City. County, Territory or State; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefore. 10. All criminal convictions, including pleas of nolo contendere. within the last ten years including those convictions, and the date and place of each such conviction and reason therefore. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169-Page 7 11. A complete set of fingerprints of the applicant taken by the Police Department. The applicant shall be responsible for payment of any fingerprinting fee. 12. A certificate from a medical doctor stating the applicant and any person who will be directly engaged in the proposed operation, has within thirty 30) days immediately prior thereof been examined and found to be free of any contagious or communicable disease. 13. Two 2) portrait photographs of the applicant at least two 2) inches in size taken within the last month. 14. Authorization for the City, its agents and employees to seek verification of the information contained in the application. 15. Such other identification and information as the Chief of Police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application. 16. A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct. 17. A certificate of compliance from any affected Department or Agency, including but not limited to, the City's Planning Division, Building Division and the Los Angeles County Health Department must be submitted prior to the application's final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the certificates of compliance are not received by the Chief of Police within ninety 90) calendar days of the date of filing of application, said application shall be deemed incomplete and voided. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to massage establishment permit becoming effective. F. Every owner and operator shall also provide the following personal information: 1. The full, true name and all aliases used; 2. Date and place of birth, California driver's license, California identification card. Social Security card and resident alien card, if applicable. 3. The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address; 4. Acceptable written proof that the owner and/or operator is at least 18) years of age; 5. Height, weight, gender and color of eyes; BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169-Page 8 G. If, during the term of a permit, the permitee has any change in information submitted on original or renewal application, the permitee shall notify the Chief Executive Officer and the Police Department in writing of any such change within ten 10) business days thereafter. SECTION 5. That Section 118.04 ISSUANCE; DENIAL" is hereby amended to add conditions to read in its entirety as follows: A. Upon receipt of a complete written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether a permit should be issued as requested. The Chief of Police shall, within sixty 60) calendar days of receipt of an application, approve, conditionally approve, or deny the application. The sixty 60) day period may be extended, at the discretion of the Chief of Police, for up to thirty 30) additional calendar days, if necessary, to complete the investigation. The Chief of Police shall issue a permit as requested, unless he/she makes any of the following findings: 1. The applicant, or any of the officers or directors of the corporation, a partner or any person directly engaged or employed in the establishment, has within eight years preceding the date of application: a. Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290. or conduct in violation of California Penal Code Sections 266h, 2669, 314, 315. 316. 318. subsections a), b) or d) of Penal Code Section 647, or convicted of an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Sections 415, 602 or any lesser included or related offense. in satisfaction of. or as a substitute for any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage. 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 convicted of any offense in any other state which is the equivalent of any of the above mentioned offenses. d. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code. or any similar provisions of law in a jurisdiction of the State of California. e. Committed an act in another jurisdiction which, if committed in this State, would have been a violation of law and, which, if done by a permittee BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§A Ordinance 1169- Page 9 under this Chapter, would be grounds for denial, suspension or revocation of the permit. f. Has had a massage/acupressure operator or massage/acupressure technician permit or other similar license or permit denied, suspended or revoked for cause by the City, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked. g. Has engaged in conduct which would constitute grounds for suspension or revocation under this chapter. 2. The owner and/or operator has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process. 3. The application does not contain all of the information required by Section 118.03. 4. The owner and/or operator is not at least eighteen 18) years of age. 5. The establishment as proposed does not comply with all applicable California laws, including, but not limited to. health, zoning, fire and safety requirements and standards. 6. The required fee(s) has not been paid and/or all other requirements of this Chapter have not been satisfied in the time period specified. B. If the application is denied for failure to comply with this section, the applicant may not reapply for a period of six 6) months from the date the application was denied. C. If the Chief of Police, upon completion of the investigation, determines that the applicant does not fulfill the requirements as set forth in this Chapter, the Chief of Police shall deny said application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth Section 30.04 of this Code. SECTION 6. That Section 118.05 NEW EMPLOYEES" is hereby amended to read as follows: A. Each permitee prior to employing any person who will be directly engaged in the massage/acupressure operation, after issuance of a permit, shall file with the Chief of Police, an information form relating to the proposed employee, in a form prepared for that purpose by the Chief of Police. A filing and processing fee as set by resolution of the City Council shall be paid to the Director of Finance. Upon receipt of the form and evidence that the processing fee has been paid, the Chief of Police shall conduct an investigation to determine whether the proposed employee is qualified pursuant to 118.03. If the person is so qualified, the Chief of Police, by written notice to the permittee, shall add such person's name to the list of persons authorized to engage in the permitted massage parlor operation. Where, as a result of his investigation, the Chief of Police determines that the proposed employee does BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§A Ordinance 1169-Page 10 not qualify pursuant to 118.03. he shall give notice of such decision to the permittee and the proposed employee within 30 calendar days from receipt of the application. The permittee only shall have the right of appeal, from the decision, to the City Council, taken in the time and manner set forth in Section 30.04 of this Code. B. Chief Executive Officer and Chief of Police shall be notified in writing within twenty-four 24) hours of any change in personnel of massage/acupressure technicians. SECTION 7. That Section 118.16 MASSAGING MINORS" is hereby deleted and amended to read as follows: 118.16 OPERATING REQUIREMENTS All owners and operators shall comply with the following general conditions and any other conditions specified by the Chief of Police. A. Except to the extent required, in writing, by a State-licensed medical practitioner, no massage/acupressure technician or employee shall massage the genitals, gluteal fold. or anal ear of any patron or the breasts of any female patron, nor shall any operator or manager of a massage/acupressure establishment allow or permit such a massage to the above specified areas. A massage shall not be given and no patron shall be in the presence of a technician, operator, manager or other employee of a massage establishment unless the patron's genitals, gluteal fold. anus, if a female patron, the patron's breasts, are fully covered by a non-transparent covering. B. No person either an employee or patron, may expose his or her human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, or male genitals to any other individual on the premises; and C. 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. D. No person shall give or assist in the giving, of any massage to any person under the age of eighteen 18) years, unless the parent or guardian of the minor person has consented thereto in writing. E. All massage/acupressure establishment requirements required to be licensed under this chapter shall have a manager on the premises at all times the 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 and/or on duty manager shall post, on a daily basis. the name and photograph a minimum size of 4" x 6") of each on-duty manager and each on-duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance of this chapter. F. The operator's permit shall be displayed in a conspicuous public place in the lobby of the massage establishment. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§A Ordinance 1169-Page 11 G. The hours of operation must be posted in the front window and clearly visible from the outside. The maximum hours of operation of the massage/acupressure establishment shall be Monday through Sunday. 9:00 a.m. to 9:00 p.m. H. No massage/acupressure establishment required to be licensed under this chapter shall open for business without having at least one massage technician who holds a current valid massage technician's permit for that specific massage establishment. There shall be at least one massage technician who holds a current valid massage technician's permit on the premises, and on duty, at all times when the establishment is open. 1. The operator and/or manager shall ensure that the technician permit for each on-duty massage/acupressure technician is conspicuously displayed in a public place in the lobby and that each massage technician is wearing, or has on their person, an identification at all times when working in the massage establishment. Such identification shall be provided to a city official upon demand. J. An operator and/or manager shall be responsible for the conduct of all employees while they are on the massage/acupressure establishment premises. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator or manager for purposes of determining whether the operator's license shall be revoked, suspended, denied or renewed. K. No operator and/or manager shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this chapter. Every operator or manager 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 5) calendar days of the date of hire or termination. The operator or manager shall deliver notice of the termination of any massage technician no longer employed by the operator or manager to the Chief of Police within 5) calendar days of termination. L. All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be fully opaque, non-transparent material and shall provide complete covering from at least mid-thigh to at least three inches below the collar bone. Massage technicians shall wear fully buttoned or otherwise fully fastened opaque smocks over street clothing while performing massage services. M. The operator and/or manager shall maintain a register of all employees. The employee register shall be maintained on the premises for a minimum period of two years following an employee's termination. The operator and/or manager shall make the employee register immediately available for inspection upon demand of a City Official or representative of the Police Department at all reasonable times. The employee register shall include, but not be limited to the following information: BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§A ORD 1169$Í;¢f4§A Ordinance 1169-Page 13 T. Each manager and acupressure technician shall display their respective permit in a conspicuous location that is clearly visible. U. Each permittee shall have on the premises at all times a valid California Department of Motor Vehicles identification to be shown to any City official immediately upon request. V. If an owner or operator also desires to act as a massage/acupressure technician, he or she shall also satisfy the requirements for the respective permit set forth in this Chapter. W. No acupressure technician shall be permitted, pursuant to the required conditional use permit, to perform any massage and/or acupressure service in any location other than that location specified on the permit as required by Section 118.03 of the City's Municipal Code. X. Every owner, manager or employee must have a maintain a separate valid permit as stated in Section 118.03 of the City's Municipal Code. SECTION 7. That Section 118.18 LIGHTING AND VENTILATION" is hereby amended to read as follows: 118.18 FACILITIES Each permitee shall provide, in each room, or portion of a room. where massages are given, sufficient lighting and ventilation as required by the building regulations of the City A. At least one 1) artificial light of not less than a sixty 60) watt bulb. or equivalent light, in accordance with the building code. shall be hung from the ceiling directly above any work table or booth where services are being performed on a patron. B. A minimum of one separate wash basin shall be provided for each acupressure technician who works at the establishment at any one time. Such basin shall provide soap or detergent and shall be located as close as practicable to the area devoted to the administration of services. C. Hot and cold running water shall be provided at all times. D. Separate permanently installed closed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked Clean Linen" and Soiled Linen". E. All walls, ceilings, floors, sinks, pools, shower, bathtubs, steam rooms and other physical facilities shall be kept in a clean and sanitary condition. All facilities shall be kept in good repair. F. Minimum ventilation shall be provided in accordance with the most recently adopted building code. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169- Page 14 G. Each treatment room door shall have a view window installed. This window shall be made of clear glass located at least five 5) feet above the floor and with a minimum size of twelve inches by twelve inches. All view windows shall be kept clear with no obscuring materials of any type at any time. H. Tinted or one-way glass in any room or office shall be prohibited. I. No services shall be within any cubicle, room. booth or other area which is fitted with a door capable of being locked. J. Electronic locking devices shall not be utilized on any door within the establishment. K. Massage and acupressure services shall use standard or portable massage tables that are a minimum of thirty 30) inches in height with a durable, washable plastic or other waterproof material as a covering. Foam pads cumulating more than four 4) inches thick or more than four 4) feet wide shall not be utilized. Beds, mattresses and water beds shall not be utilized in the administration of massage or acupressure services. L. No part of the establishment where the services are being conducted shall be equipped with any device for the recording or videotaping for monitoring activities. conversation, or other sounds in the treatment rooms or rooms used by the patrons. M. The entire premises shall be maintained in a neat and orderly manner and shall be open to view in its entirety for inspection by any City official or any law enforcement officer. SECTION 8. That Section 118.19 DISINFECTING AND STERILIZING REQUIREMENTS" is hereby amended to read as follows: Each permitee shall provide and maintain adequate equipment for disinfecting and sterilizing of instruments used in performing the acts of massage. A. A clean sheet or other effective sanitary covering shall be placed over any table, floor or other area upon which a patron will lie in the course of receiving treatment. The sheet or other covering shall be deposited in the Soiled Linen" cabinet at the conclusion of the treatment. B. Wet and dry heat rooms, steam or vapor cabinets, shower compartments shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be cleaned thoroughly after each use. C. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each person receiving massage/acupressure services. No common use of towels or linens shall be permitted. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169-Page 15 SECTION 9. That Section 118.20 BATHING AND TOILET FACILITIES" is hereby amended to read as follows: Each permitee shall provide and maintain adequate bathing, dressing, locker and toilet facilities for patrons. A. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin, shall be provided. B. If male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate treatment room or rooms, separate dressing rooms and separate toilet facilities shall be provided for male and female patrons. SECTION 10 That Section 118.23 REQUIREMENTS PURSUANT TO ZONING CODE" is hereby added to read as follows: In addition to the regulations set forth in this Chapter, Massage/Acupressure Establishments", are also subject to the regulations and standards set forth in Section 153.442 of the City's Zoning Code. SECTION 11. That Chapter 153.442 of the City's Municipal Code is hereby amended to read as follows: 153.442 MASSAGE/ACUPRESSURE ESTABLISHMENTS; CONDITIONAL USE PERMIT REQUIRED A. Massage/Acupressure establishments shall be permitted pursuant to Chapter 118 of this code and this section only if: 1) A conditional use permit is first obtained; 2) The real property upon which the use is proposed to be located is classified, pursuant to this code, in the C-2. General Commercial Zone; 3) No such massage/acupressure establishment is within 500 feet of any real property upon which there is located an adult business, any legal or legal non-conforming park, house of worship, educational institution, residential use or other massage/acupressure facilities; B. Each conditional use permit shall be subject to a one 1) year time limit. commencing with the issuance date of the business license, except that the applicant may submit a new application for a conditional use permit prior to the conclusion of the one 1) year time limit. If the applicant submits a new application prior to the expiration of the one 1) year time limit, the current BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169-Page 16 time limit shall be extended until the new application has been decided by the Planning Commission at a public hearing or decided by the City Council on appeal. C. Any violation of either conditions of approval of an approved conditional use permit or Section 118 of the City's Municipal Code shall be cause for immediate revocation of the conditional use permit, pending a hearing by the Planning Commission or City Council on appeal for possible revocation. SECTION 12. The City Council at the time of the public hearing on the above matter reviewed and considered the proposed Negative Declaration of Environmental Impact. The City Council, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act and hereby recommends adoption of the Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 13. That this ordinance shall go into affect and be in full force and operation from and after thirty 30) days after its final reading and adoption. PASSED, APPROVED and adopted ON THE 7th day of February 2001. r^/ i l^ MAN U LOZA^n^A\^R/ BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1169$Í;¢f4§AOrdinance 1169 Page 17 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced for first reading at a regular meeting of the City Council on January 17, 2001 and adopted on second reading at a regular meeting of the City Council on February 7, 2001 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNGILMEMBERS: Rosemary Deputy City Clerk Linda Gair, Marlen Garda, William Bill" Van Cleave, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano None None None CMC BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 Ordinance 1169-Page 12 1) The name, nicknames and/or aliases used by employee. 2) The employee's home address and relevant phone numbers including but not limited to home. cellular and pager numbers). 3) The employee's age. date of birth, gender, height, weight, color of hair and eyes. 4) The employee's social security number. 5) The date of employment and termination, if any. 6) The duties of each employee. N. No massage/acupressure establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. 0. At all times, the operator, manager and employees shall comply with all provisions of this chapter and any applicable provisions of this Code. P. No persons 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, a policy of insurance 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 one million dollars $1.000.000.00) for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage. Q. No person or persons shall be allowed to reside, dwell, occupy or live inside the massage establishment at any time. Living quarters, if any. shall be completely separate from the massage establishment. No cooking or food preparation of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the City of Baldwin Park and/or the County of Los Angeles and a full service kitchen is installed. Such a kitchen, if any. shall be for the sole use of employees, and shall be installed in an employees only" area. The full service kitchen shall have a minimum of a sink with hot and cold running water, a refrigerator, a stove and sufficient cabinets to store cooking utensils. R. No person shall enter, be in or on, or remain in or on, any part of a massage establishment while in possession of consuming, using or under the influence of. any alcoholic beverage or controlled substance. The operator and/or manager shall be responsible to ensure that no such person shall enter or remain upon the premises of the massage establishment. Service of alcohol beverages shall not be permitted. S. The use and possession of adult oriented merchandise in or on any part of a massage establishment is expressly prohibited. BIB] 37643-U01 ORD-U02 1169-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9082-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04