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HomeMy WebLinkAboutORD 681ORD 681x ôÎÃ_ FIRST READ^C ORDINANCE NO. 681 SECOiMD ADiNG AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING THE BALDWIN PARK MUNICIPAL CODE TO ESTABLISH CERTAIN REGULATIONS RELATING TO MASSAGE PARLORS THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That Chapter 7, entitled Massage Parlors," is hereby added to Article IV of the Baldwin Park Municipal Code, consisting of Sections 4700 through 4711, inclusive, to read as follows: SECTION 4700—Definitions—For the purpose of this Part, the words and phrases hereinafter set forth, shall be defined as follows: 1) CHIEF shall mean the Chief of Police of the City. 2) CITY MANAGER shall mean the duly appointed, acting and qualified manager of the City. 3) COUNCIL shall mean the City Council of the City. 4) MASSAGE shall mean any method of treating the superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accom- plished by hand or by the use of any instrument. 5) MASSAGE PARLOR shall mean any building or structure or portion thereof, located within the City, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered. 6) NOTICE shall mean any notice given by United States mail, postage prepaid, properly addressed; such notice shall be deemed given when the same is deposited with the postal service. 7) PERMIT shall mean a permit required, pursuant to the provisions of this Part, to operate a massage parlor. SECTION 4701—Permit Required—No person shall operate any massage parlor within the City without first obtaining a permit pursuant to the provisions of this Part and securing the necessary Business License as required by Section 6100 et seq. of this Code. SECTION 4702—Permit Application—Written applications for massage parlors shall be made upon forms provided for this purpose by the Chief of Police. Such completed applications shall be submitted to the Chief, together with the following: 1- BIB] 37950-U01 ORD-U02 681-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31845-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 681x ôÎÃ_1) An accurate statement of the business, occupation, or employment of the applicant for the three 3) years immediately preceding the date of application; and 2) A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and 3) a) A certified copy of a certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught; the term recognized school" shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage technicians, which school requires a resident course of study of not less than two hundred 200) hours to be given in not less than three 3) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning; or b) A statement of work experience containing sufficient information to establish that the applicant is qualified to conduct a massage parlor; and 4) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application; and 5) Nothing contained herein shall be construed to deny the Police Department of the City the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said department to confirm the height and weight of the applicant; and 6) Proof of payment of a processing and filing fee to the City Treasurer of $'100.00. SECTION 4703—Permits—Issuance—Denial—Upon receipt of a written application for a permit, the Chief shall conduct an investigation, in such manner as he deems appropriate, in order to ascertain whether such permit should be issued as requested. The Chief shall issue such permits as requested, unless, as a result of such inves- tigation, he finds any of the following facts to be present: 1) That any person, including, but not limited to, employees, who will be directly engaged or employed in the massage parlor operation, has been convicted of any crime involving moral turpitude; or 2) That any such person has a bad moral character; or 3) That the operation of the massage parlor would, if allowed, constitute a public nuisance. 2- BIB] 37950-U01 ORD-U02 681-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31845-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 681x ôÎÃ_Ordinance No- 681 The Chief shall be authorized to condition the issuance of any permit for a massage parlor to insure compliance with the provisions of this Part and other applicable laws. When the Chief finds from his investigation that any of the above mentioned facts are present, he shall decline to issue the permit as requested, within thirty 30) calendar days from receipt of application for permit. Any decision of the Chief with respect to the denial or conditional approval of any such permit shall be subject to an appeal, by the aggrieved applicant, provided that the said appeal is taken within the time and manner hereinafter described. SECTION 4704—Appeal—City Manager—After making his determination as to any such permit, the Chief shall, within five 5) calendar days, give written notice of his decision, approving, conditionally approving or declining the issuance of a permit, to the applicant and to any person requesting the same. Within ten 10) days after the Chief gives written notice of his decision denying or conditionally approving an application, any applicant who is aggrieved by the decision declining to issue such permit, or by any of the conditions imposed upon such issuance, may file a written letter of appeal with the City Manager, appealing the decision of the Chief to the City Manager. Said letter of appeal shall briefly outline the basis for such appeal. The City Managey, upon receipt of such written letter of appeal, shall obtain from the Chief all of the files applicable to the application. The City Manager shall thereafter conduct an informal hearing for the purpose of determining whether the decision, as rendered by the Chief, was within the authority granted to him, pursuant to the provisions of this Chapter. The City Manager shall give written notice of the time and place of such hearing to the applicant, to the Chief and to any other person requesting such notice. At the time and place set for such hearing, the City Manager shall act as the hearing officer and shall accept all relevant evidence pertaining to the application, including, but not limited to, the files and records in custody of the Chief relating thereto. The City Manager shall give the applicant, and any other interested person, a reasonable opportunity to be heard with respect to the merits of such appeal. The burden of proof shall be upon the applicant to show that the action of the Chief was arbitrary, capricious or in excess of the authority granted pursuant to the provisions of this Part. The City Manager shall affirm, reverse or modify, in whole or in part, the decision as rendered by the Chief of Police, The City Manager shall, promptly, give written notice, to the applicant and any other person requesting the same, of his decision, together with the reasons therefor. The decision of the City Manager shall be final and conclusive in the absence of an appeal to the City Council as hereinafter provided. 3- BIB] 37950-U01 ORD-U02 681-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31845-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 681x ôÎÃ_SECTION 4705—Appeal—City Council—Any applicant who is aggrieved by a decision of the City Manager, as hereinabove provided, shall have the right to appeal such decision to the City Council. Such an appeal shall be perfected by the filing of a written letter of appeal/ briefly stating the* grounds there'for, with the City Clerk within ten 10) days after the giving of notice of the City Manager's decision. Upon receipt of a letter of appeal, the City Clerk shall place the same on the City Council's agenda at its next most convenient meeting. The City Clerk shall give the applicant, and any other person requesting the same, ten 10) days' written notice of the time and place of such hearing before the Council. At such time and place, the City Council shall hear the matter, and shall, thereafter, issue, conditionally issue, or decline to issue, the permit as requested. The City Council shall give the applicant and any other interested person, the right to present any relevant evidence bearing upon such appeal. The burden of proof shall be upon the appli- cant to show that the action of the City Manager was arbitrary, capricious, or outside the scope of authority granted to him by the provisions of this Chapter. The decision of the City Council shall be final and conclusive. SECTION 4706—Suspension—Revocation—The Chief shall suspend any permit issued pursuant to this Part if he finds that the permittee, or any agent or employee of said permittee, has violated any of the provisions of this Part, or any other applicable law, with regard to the operation pursuant to such permit. He shall effectuate such sus- pension by issuing an Order of Suspension, notice of which shall be given in the manner prescribed herein; said Order shall contain a statement of the reason or reasons for such suspension. The Order of Suspension shall be final and conclusive within five 5) days after the giving of notice thereof to such permittee, in the absence of an appeal taken in the time and manner set forth in Sections 4704 and 4705 hereunder. The filing of an appeal shall have the effect of stelying the effective date of the Order, pending the determination of such appeal. SECTION 4707—New Employees—Each permittee, prior to employing any person who will be directly engaged in the massage parlor operation, after issuance of a permit, shall file with the Chief, an information form relating to such proposed employee, in a form prepared for that purpose by the Chief. A filing and processing fee in the sum of $10.00 shall be paid to the City Treasurer. Upon receipt of such form and evidence that the processing fee has been paid, the Chief shall conduct an investigation to determine whether such proposed employee is qualified pursuant to Subparagraphs 1) and 2) of Section 4703 hereof; if the person is so qualified, the Chief, 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 determines that the proposed employee does not qualify pursuant to said Section 4703 1) and 2), he shall 4- BIB] 37950-U01 ORD-U02 681-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31845-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 681x ôÎÃ_Ordinance No. 681 give notice of auch decision to the permittee and to the proposed employee M- thin thirty 30) calendar days from receipt of application. The permittee shall have the right of appeal from such decision, in the time and manner set forth in Sections 4704 and 4705 hereof. SECTION 4708~Regulationa"Each person to whom a massage parlor permit has been issued, pursuant o the provisions of this Part, shall conduct such operation in accordance with the following regulations: 1) No person shall give, or assist in the giving, of any massage to any other person under the age of 18 years, unless the parent or guardian of such minor person has consented thereto in writing. 2) Each permittee shall erect and maintain a recognizable and readable sign that will be posted adjacent to the main entrance identifying the premises as a massage parlor. All such signs must comply with Municipal Code requirements of the City. 3) Each permittee shall have posted, in a conspicious location upon the premises where the massage operation is to be conducted, the permit as issued by the Chief. 4) Each permittee s,hall provide, in each room, or portion of a room, where massages are given, sufficient lighting and ventilation as required by the Municipal Code 5) Each permittee shall provide and maintain adequate equipment for disinfecting and sterilizing of instruments used in performing the acts of massage. 6) Each permittee shall provide and maintain adequate bathing, dressing, locker, and toilet facilities for patrons. 7) Each permittee shall maintain physical facilities for the massage parlor in good repair and in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilets utilized in the operation shall be thoroughly cleaned each day. Bath tubs shall be thoroughly cleaned after each use. 8) Each permittee shall provide clean and sanitary towels and linens for each patron. The common use of towels or linens shall not be permitted. 9) A minimum of one separate wash basin shall be provided by each permittee in each massage parlor for the use of his employees/which basin shall provide soap or detergent and hot and cold running water at all Umes and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. BIB] 37950-U01 ORD-U02 681-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31845-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 681x ôÎÃ_SECTION 4709—Inspections—The City's Department of Building and Safety, Fire Department, and the Los Angeles County Health Department shall inspect the premises proposed to be devoted to the massage establishment and shall certify on the required permit application compliance or the non-compliance with the regulations set forth in Section 4708 of this Part. SECTION 4710—Transfer and Duration of Permit—No permit issued hereunder shall be transferable. Permits issued hereunder shall be valid until revoked. SECTION 4711—-Exemption—The provisions of this Part shall not be deemed applicable to any person who is engaged in a healing art, and is licensed as such, pursuant to Division 2, commencing with Section 500 of the Business and Professions Code of the State of California." SECTION 2. That the City Clerk should certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 3rd day of April 1974. i^^— V UK n^n MAYOR ATTEST l J^^^^/^^^ THELMA L. BALKUS, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 681 was regularly introduced and placed upon its first reading at a_______regular meeting of the City Council on the 20th day of March 1974. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 3rd day of April 1974, by the following vote; AYES COUNCILMEN GREGORY, WALDO, KING, MC CARON AND MAYOR HAMILTON NOES: COUNCILMEN________________________________ ABSENT: COUNCIUOBN 2<-^/<^° THELMA L. BALKUS, CITY CLERK 6- BIB] 37950-U01 ORD-U02 681-U02 LI2-U03 FO31548-U03 FO31744-U03 DO31845-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04