HomeMy WebLinkAboutOrdinances_2380_CCv0001.pdf ORDINANCE NO. 2580
AN ORDINANCE 10E F THE CITY OF REDLANI S AMENDING CHAPTER
5.28 OF THE REDLANDS MUNICIPAL CODE RELATING TO MASSAGE
ESTABLISHMENTS AND RESCINDING ORDINANCE ANCE NO. 2563
THE CIT` ° COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. The text of Chapter 5.28 of the Redlands Municipal Code relating to
regulations governing massage establishments is hereby deleted in its entirety and
rewritten to read as follows.
CHAPTER 5.28
REGULATIONS FOR MASSAGE ESTABLISHMENTS
T"S
Sections
5.2 .010 Purpose.
5.28.020 Definitions.
5.28.05 Permit required -- Massage establishment, cuff-premises massage
service, massage practitioner.
5.2 .040 Business tax requirement.
5.28.050 Permit not required.
5.28.060 Massage establishment, offs-premises massage service permit
application.
528.070 Massage establishment and off-premises operating requirements.
5.28.080 Massage establishment facilities regulations.
5.28.090 Inspection by officials.
5.21 .1,00 Permits non-assignable.
5.211,110' Change of location or name.
5.28-120 Massage practitioner -- Permit required.
5f28.130 Massage practitioner permit application.
5.28.140 New massage practitioners -- notification.
5,28J50 Renewal of permits -_ massage establishment, miff-premises massage
serv=ice, massage practitioner.
.28.10 Application of regulations to existing massage establishments, off-
premises massage services, and massage practitioners.
5.28-170 Prohibited conduct.
5.25.180 Suspension of revocation hearing.
5-28.190 Appeal procedure.
5.28.200 burden of proof.
.21.211 Public nuisance.
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52 8.010 l r . In enacting these regulations, the City Council recognizes
that massage is a viable professional field offering the public valuable health and
therapeutic services. It is the purpose and intent of the City Council that legitimate
massage businesses be protected by this ordinance. In a dits' n, it is also the intent of
the City Council that the operation of massage establishments, off-premises massage
services and persons offering massage be regulated in the interests of public health,
safety, and welfare by providing minimum building sanitation and health standards
and to ensure that persons offering massage shall possess the minimum
qualifications necessary to operate such businesses and to perforin such services
offered. It is further the intent of this Chapter to enact regulations to ensure that
those offering massage services are qualified and trained and can be expected to
conduct their work in a lawful and professional_ manner. The City Council finds
that existing controls have not satisfactorily addressed or regulated serious police
problems and regulated the profession so as to discourage the use of the profession
for objectionable and illegal purposes,
5,2 .020 Definitions. Unless the particular provision or the context otherwise
requires, the following meanings shall apply to words and phrases used in this
Chapter:
"Applicant" shall mean the permit applicant and eachof the following
persons. the managing responsible officer/employee, a general partner, a limited
partner who owns or controls twenty percent or more of the business, a:shareholder
who erns or controls twenty percent or more of the shares.
"Employee" means any and all persons, other than a massage
practitioner, employed by the massage establishment who may render any service
to the permittee, and who receives compensation from the establishment and who
has no physical contact with the customers or clients. The ter "employee" shall
include independent contractors who are regularly employed by the establishment
and who work at the massage establishment:
C "Massage" means any method of treating the externalparts of the boder
for any form of consideration (whether for the massage, as part of a membership, as
part of other services or a product, or otherwise) by means of pressure on or friction
against, or stroking, kneading, rubbing, tapping, pounding or stimulating the
external parts of the body, with or without the aid of any mechanical or electrical
apparatus or appliances, or with or without supplementary aids, such as rubbing,
alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other
similar preparations commonly used in this practice, or by baths, including but not
limited to Turkish, Russian, Swedish Japanese, vapor, show, electric tub, sponge, fi
mineral, fomentation or any other type of bath.
D. "Massage establishment" means any, establishment having a fixed place
of business where any person, firm, association, partnership or corporation engages
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in, conducts or carries on, or permits to be engaged in, conducted, or carried on, ani,
massage.
E. "Massage practitioner," "massage trainee masseur," "masseuse"
means any person who administers massage to another person, for any for of
consideration (whether for the massage, as part of other services or a product, or
other).
F. "Off-premises massage service" means any business where a function
of such business is to engage in or carry on massage, not at a fixed location but at a
location designated by the customer, massage practitioner or other person.
G. "Recognized school of massage" means any school or institution of
learning which teaches the theory, ethics, practice, profession, or work of massage,
which has been approved pursuant to the California Education Code. Schools
offering a correspondence course not requiring attendance shall not be deemed a
recognized school. The City shall have the right to confirm that the applicant has
actually attended class in a recognized school.
5.28.030 Permit rCgaired --, Massage establishment_ off-12r2mises massage
service, massagg 12rgLctitione . It is unlawful for any person, association, partnership
or corporation to engage in, conduct or carry on, or permit to be engaged in,
conducted or carried on in or upon any premises within the City, the operation of a
massage>establishment or off-premises massage service or the function of a massage
practitioner without first having obtained a permit issued by the City pursuant to
the provisions hereinafter set forth. A permit shall be valid from the date of
issuance unless revoked or suspended.
5. .040 Business tax-,requirement. . A massage establishment and off-
premises massage service shall pay the required business license tax for such
business and occupation.
5.28.050 Permit not rec
juired. The provisions of this Chapter shall not apply
to the following classes of� individuals or businesses while engaged in the
performance of their duties:
A. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical
therapists who are duly licensed to practice their respective professions in the State
of California and persons working directly under the supervision of such licensed
persons. "Working directly under the supervision "shall mean that the person is an
employee or independent contractor of the licensed person, is working at the same
locations as the licensed person, and his/her work is checked by the licensed person.
B. Barbers and beauticians who are duly licensed under the laws of the
State of California while engaging in practices withinthe scope of their licenses,
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except that this provision shall apply solely to the massaging of the neck, face and/or
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scalp of the customers.
CHospitals, nursing homes, sanitariums or anv other health facilities
duly licensed by the State of California.
D. Accredited high schools, junior colleges, and colleges or universities
whose coaches and trainers are acting within the scope of their employment,
E. Trainers of amateur semiprofessional or professional athletes or
athletic teams while engaging in their training responsibilities for and withathletes;
and trainers working in conjunction with a specific athletic event such as an
outdoor road or bike race.
5.28.060 Massa e_establishment, off-t)remises mass service nermit
apolicatLo-Q.
A. Any person, corporation, or partnership desiring to obtain a permit to
operate a massage establishment or off-premises massage service shall make
application to the Chief of Police or his or her authorized representative. Prior to
submitting such application, a non-refundable fee of one hundred twenty dollars for
each applicant and massage practitioner working at the establishment shall be paid
to defray inpart the cost of the investigation and report required by this Chapter. A
copy of the receipt shall accompany the application. Individuals holding valid
permits at the time of this ordinance's passage shall not be required to re-apply
unless reasonable cause exists, as determined by the City Attorney, to request the
permitee to re-apply.
B. The application and fee required under this section shall be in addition
to any license, permit or fee required under any other Chapter of this Code.
C. The application for permit does not authorize a massage establishment
or off-premises massage service to operate until such permit has been granted.
DEach applicant for a permit shall submit the following information
under penalty of perjury:
1. The full true name under which the business will be conducted,;
2. The present or proposed address where the business is to be
conducted;
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I The applicant's full., true name, and other names used, date of birth,
California driver's license number nor California identification card number, social
security number (unless prohibited by law), present residence address and telephone
number. The sex, height, weight, color of hair, and color of eyes. Such other
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identification and information shall be provided as required by the;Chief of Police or
his or her representative, necessary to discover the truth; of the matters specified and
required in the application,
. Previous residences (if the applicant for the past five years and the
inclusive dates at each address;
5. The applicant's business, occupation, and employment ment history for
five years preceding the date of application, and the inclusive dates of same;
6. The massage permit history of the applicant; whether such person:.;
has ever had any permit or license issued by any agency, board, city, county, to ritory
or state; the date of issuance of such a permit or license, whether the permit was
issued, revoked, or suspended and the reason therefore;
7.. All convictions for any crime involving conduct which requires
registration under California Aerial Code Section 290, or convictions of California
Penal Code:Sections 266(c), 266(4), 266(e), 266(8), 266(h), 266(1), 315, 316, 518, 647(a)
647(b)(647(d) (as now written or as amended), or convictions of any felony offense
invoking the sale or possession of a controlled substance specified in California
Health & Safetv Code Sections 11054, 11055, 11056, 11057, or 110158. Convictions
underthe laws of other states or countries which proscribe the same conduct o
similar conduct as the afore-designated California crimes shall be provided:
Convictions that have been expunged must be reported. All injunctions for
nuisances under Penal Code Section 1225 or similar lags;
_ A complete definition of all services to be provided;
. The name, address, and date of birth of each massage practitioner or
employee who is or will be employed in the massage establishment or off-premises
massage service;
10. The name and address of any massage business or ether like
establishment owed or operated by any person whose name is required to be given
pursuant to this section.;
11 acceptable written proof that the applicant is at least eighteen y=ears
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f age;
12. if the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation or charter together with
the state and date of incorporation and the names and residence addresses of each of
its current officers and directors, and of each stockholder holding more than five
percent of that corporation;
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1 . If the applicant is a partnership, the application shall set forth the
names and residence address of each of the partners, including limited partners. If
the applicant is a limited partnership, it shall furnish a copy of its certificate o
limited partnership as tiled with the county clerk. If one or more of the partners is a
corporation, the provisions of this subsection pertaining to corporate applicants
shall apply to the corporate partner,
14. The applicant, corporation or partnership shall designate one of its
officers or general partners to act as its responsible managing officer/employee.
Such person shall complete and sign all application forms required of an individual
applicant under this chapter. The corporation's or partnership's responsible
managing officer must at all tines, meet all of the requirements set for permittee by
this chapter or the corporation or partnership permit shall be suspended until
responsible managing officer who meets such requirements is designated. If n
such person is found within ninety days, the corporation or partnership permit is
deemed canceled and a new application for permit must be filed;
1 . The applicant is required to furnish fingerprints for the purpose of
establishing identification. Fingerprinting will be takers at a place and time
designated by the Chief of police. Perrnitees holding valid permits at the time this
ordinance is enacted shall not be required to furnish fingerprints unless reasonable
cause exists; as determined by the City Attorney, to believe the applicant might have
been arrested for a disqualifying offense since his/her fingerprints were last checked.
1 . Two photographs of the applicant and managing responsible officer
to be taken by the :police Department;
17. A description of any other business to be operated on the same
premises, or on adjoining premises, owned or controlled by the applicant;
18. The name and address of the owner and lesser of the real property
upon or in which the 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 a notarized acknowledgment from the owner of the property that a
massage establishment will be located on his/her property.
1 . Authorization for the City, its agents and employees, to seek
information and conduct an investigation into the truth of the statements set forth
in the application and into the background' of the applicant and the responsible
managing officer.
fl. Proof of massage malpractice insurance in the sum of not less than
one hundred thousand dollars per massage practitioner licensed, or to be licensed, at
'the massage establishment:. This requirement can be satisfied by malpractice i
insurance being provided in the name of individual massage practitioners,
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21. The applicant shall submit any chane of address or fact which may
occur during the procedure of applying for a massage establishment permit;
22, A certificate of compliance from the City of Redlands Community
Development ipment Director which certifies that the premises of the massage
establishment meet all applicable codes:and regulations must be submitted prior to
application approval. Any required inspection fees shall be the responsibility of the
applicant and are separate and not included within the application fee.
23. The Chief of Police shall have up to sixty days, after submission of
all required information, including the required certificate of compliance, to
investigate the application and the background of the applicant. Upon the
completionof the investigation, the Chief of Police shall grant the permit, with or
without conditions, if the Chief finds in the exercise of discretion: all of the
following:
(a) The required fee has been paid;
(b) The application conforms in all respects to the provisions of
this chapter and to ether laws;
(c) The applicant has not made a material misrepresentation in
the application;
(d) The applicant, if an individual, or any of the stockholders of
the corporation, or any officers or director, if the applicant is a corporation; or a
partner if the applicant is a partnership, or the managing responsible officer has not
been convicted within five years preceding application in a court of competent
jurisdiction of an offense involving conduct which requires registration under
California Penal Code Section 290, or of conduct which is a violation of the
provisions of California Penal Code Sections 266(c), 266(d), 266(e), 266(8), 266(h), 266
(i), 315, 316, 318, 647(a), 647(b) 642(d) (as now written or amended), or any felony
offense involving the sale or possession of controlled substance specified in
California health and Safety= Code Sections 11054, 11055, 11056, 11052 or 11058; or
that an injunction has not been issued under Penal Code Section 1.1.2.25.
Convictions under the laws of other states or counties which proscribe the same or
similar conduct as the afore-designated California crimes shall be considered;
(e) Within fide years preceding application, the applicant or
managing responsible officer/employee has not had a massage establishment, off:.
premises massage service, massage practitioner, or other similar permit or license
revolved, or suspended by the town, or any other state or local agency; or engaged in
or operated a massage or similar establishment in a manner that would be grounds
for revocation of a permit under this Chapter; or owned or managed a massage or
similar establishment where persons required to he licensed were alloed to work:
without the required licenses; f
( The applicant is at least eighteen years of age ay
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(g) The permit as required by the applicant would comply with
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all applicable las, including, but not liman
ited, to, health, zoning, fire rad safety'
requirements and standards.
(h) If the Chief of Police, following investigation of the
applicant, in the exercise of his discretion, fails to make the findings stated in of this
section, the Chief shall deny said application by written notice to the applicant,
5.28.070 Mass re uirement, . No
person shall engageengaged in, conducted, or
carried on, any massageservice, unless each,
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and all of the follo 99!anet
A. Each:-person employed or acting as a massage practitioner shall have a
valid permit issued by the Chief of Police. It is unlawful for any owner, manager,
operator, responsible managing officer/employee, or permittee to employ or permit
a person to act as a massage practitioner who is not in possession of a valid,
unrevoked massage practitioner permit issued pursuant to this Chapter,
B. The possession of a valid massage establishment does not authorize
the possessor or any other person to perform work for which a massage practitioner
permit is required,
C. Massage shall be provided or given only between the hours of six a.m.
and ten-thirty p.m. No massage establishment shall be open and no customer shall
be in the establishment between ten-thirty p.m, and six a.m. No off-premises
massage shall be provided or given before six am. or after ten-thirty P.M.
D. A list of services available and the cost of such servicesi shall be posted.
in an open public place within the premises, and shall be described in readily
understandable language. No owner, manager, operator, responsible managing
employee, or permittee shall permit and no massage practitioner shall offer or
perform, any service other than those posted.
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E. The massage establishment permit and a copy of the permit of each and
every massage practitioner employed in the establishment shall be displayed in an
open and conspicuous place on the premises.
F. Every, massage establishment and off-premises massage service shall
keep a written record of the date and hour of each service provided; the name, age
and address of each patron and the service received; and the name of the massage
practitioner administering the service, Such records shall be open to inspection
only by the City Attorney, the Chief of Police or their designee($), if reasonable cause,
to examine the records exists. Reasonable cause in these instances shall be
determined by the City Attorney. These records may not be used for any other
purpose than as records of service provided and may not be provided to other
parties by the massage establishment or service. Such records shall be retained on
the premises of the massage establishment and at the off-premises business office for
a period of two years.
G. Massage establishments shall at all times be equipped with an adequate
supply of clean sanitary towels, coverings and linens, Clean towels, coverings and
linens shall be stored in enclosed cabinets. Towels and linens shall not be used on
more than one patron, unless they have first been. laundered and disinfected.
Disposable towels and coverings shall not be used on more than one patron, Soiled
linens and paper towels shall be deposited in separate receptacles approved by the
City.
H. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet
rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be
thoroughly cleaned and disinfected as needed, and at least once each day the
premises are open, with a disinfectant approved by the environmental services
director of the town. Bathtubs shall be thoroughly cleaned with a disinfectant
approved by the environmental services director after each use. All walls, ceilings,
floors, and other physical facilities for the establishment must be in good repair, and
maintained in a clean and sanitary condition.
1. Instruments utilized in performing massage shall not be used on more
than one patron unless they have been sterilized, using sterilization methods
approved by the environmental services director of the town.
J. All employees, including massage practitioners, shall wear clean, non-
transparent outer garments. Said garments shall not expose their genitals, pubic
areas,buttocks, or breasts.
K. No person shall enter, be or remain in any part of a massage
establishment while in possession of an open container of alcohol, or consuming or
using any alcoholic beverage or drugs except pursuant to a prescription for such
drugs. The owner, operator, responsible managing employee, manager, or
permittee shall not permit any such person to enter or remain upon such premises.
L. No massage establishment or off-premises massage service shall
operate as a school of massage, or use the same facilities as that of a school of
massage.
M. No massage establishment or off-premises massage service granted a
per under the provisions of this chapter shall place, publish or distribute or
cause to be placed, published or distributed any advertising matter that depicts any
portion of the human body that would reasonably suggest to prospective customers
that any service is available other than those services described in Section 5.28.020 of
this Chapter, nor shall any massage establishment or out call massage service
employ language in the text of such advertising that would reasonably suggest to a
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prospective patron that any service is available other than those services described
in Section 5.28.020 of this chapter.
Na A massage shall not be given unless the patron's genitals are fully
covered.
0. No massage establishment shall be open for business without at least
one massage practitioner on the premises at all times who is in possession of a
current, unrevoked permit,
R No condoms shall be kept in a massage e establish e t unless they are
the personal property of persons cin-site and for the individual's personal use at
location other than the massage establishment.
Q. No massage may be carried can within any cubicle, room, beth, or any
area within a massage establishment which is luted. with "two way" mirrors,
cameras or video taping equipment.
5.28.080 Massage establishment facilities regulations.
Every massage establishment shall maintain facilities which comply with the
following requirements-
A. Any signs shall be in conformance with the current ordinances of the
City.
B. Minimum lighting shall be provided in accordance with Article 220 of
the National Electrical 'Code, and, in addition, at least one artificial light of not less
than twenty-five watts shall be provided in each roam or enclosure where massage
services are performed on patrons.
C. Minimum ventilation shall be provided in accordance with the
Uniform Building Conde-..
Dde luate equipment for disinfecting and sterilizing instruments used
in performing the acts of massage shall be provided.
E Hot and cold running, wat r shall be provided at all times
R Closed cabinets shall be provided for storage of clean linens:
G. Adequate dressing; and toilet facilities shall be provided for patrons.
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R A minimum of one wash basin for employees shall provided at all
times. The basin shall be located within or as close as practicable to the area devoted
to performing of massage services. Sanitary towels shall also be provided at each
basin.
. proof of compliance with all applicable provisions of;the City shall be
provided prior to the issuance of any permit.
J. Oft-premises Massage Service. Any massage practitioner ho provides
massage at any hotel or motel, shall first notify the owner, anagen, or person in
charge thereof that such permittee intends to provide massage to a person or
persons registered at the hotel or motel and give such owner, manager, or person in
charge the name on his/her massage practitioner permit.
5.28.090 Inspection bX officials. 'The investigating and enforcing officials of
the City, including the health officer for the City, or their designee, shall have the
right to enter the premises from time to time during regular business hours for the
purpose of making reasonable inspections to observe and enforce compliance with:
building, fire, electrical, plumbing or health regulations, and to enforce compliance
with applicable regulations, laws and provisions of this Chapter.
5.28.1001 Permits non-assignable. No massage establishment or cuff-premises
massage service permit may be sold, transferred r assigned by the permittee; or by
operation of law, to any ether person or persons; any such sale, transfer or
assignment, or attempted sale, transfer or assignment shall be deemed to constitute
a voluntary surrender of such permit and such permit shall thereafter be deemed
terminated and void; provided and excepting, however, that if the permittee is a
partnership and one or more of the partners should die, one or more of the
surviving partners may acquire, by purchase or otherwise, the interest of the
deceased partner or partners without affecting a surrender or termination of such
permit and in each case the permittee shall thereafter be deemed to be the surviving
partners , if the permit is issued to a corporation, stock may be sold., transferred,
issued, or assigned to stockholders who have been named on the application._ if any
stock is scald., transferred, issued, or assigned to a person not listed on the application
as a stockholder, the permit shall be deemed terminated and void unless the new
stockholders are identified within tett days of transfer and they meet all
requirements under this chapter for stockholders.
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528.110 Chan f location car name. A change of location of a massage
establishment maybe approved by the Chief;of police, the Community Development
Director and the lire Chief or their designated representatives, provided all
ordinances and regulations of the City are complied with. No permittee shall
operate under any name or conduct any massage establishment or: off-premise f
:massage service under arty designation not specified in the approved permitAny
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application for an expansion of a building or other place of business of a massage
establishment shall require compliance with this Chapter; no expansion of a non
conforming location shall be permitted.
5.28.120 Massa e ractitio 'er � `� ,rmitre mired: leo person shall engage in
the business of massage or act as a massage practitioner unless such person holds a
valid massage practitioner's permit issued by the City, Each massage practitioner
permit holder shall be issued a photo identification badge which will also sere as a
massage practitioner permit. The permit holder shall keep the permit in their
possession during business hours and produce it when requested by an authorized
representative of the City.
.2 .1 0 MassaLre oractitioner emit application.
A. Each applicant for a massage practitioner permit shall make application
to the Chief of Police or his designated representative. Prior to submitting an
application, a non-refundable fee in the sum set forth in the City fee schedule shall
e paid to help defray the costs of the investigation required by this chapter. A copy
of the cashier's receipt shall accompany the application. P rrnitees holding valid
permits at the time this ordinance is enacted shall not be required to re-apple finless
reasonable cause, as determined by the City Attorney, exists to require a re-
application.
Permit fees required under this section shall be in addition to any
license, permit or fee requirements under any other section or ordinance of this
code.
C. Each applicant for a massage practitioner permit shall submit the
following under penalty of perjury;
1. All information required by Section 5.28.060 D 3 through 8, 11,
16, 21 and 22.
2: New applicants must furnish a diploma or certificate of
graduation from either a 500 hour resident coarse of instruction from either a
recognized school as defined in Section 5.28.020 E of this Chapter, or an existing
school or institution of learning outside the State of California. together with
certified transcript of the applicant's school records shoring date of enrollment,
hours of instruction and graduation from a course having at least a minimum
requirement prescribed. by 'Title 5, lig=ision 21, of the California Administrative
Code wherein the theory, method, profession and work of massage is taught; and a
copy of the school's approval by its `Mate `hoard of Education"
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In, lieu of the 500 hours course work new applicants can satisfy this requirement b
demonstrating graduation from a 100 hour course from a recognized school and;
continuing to work under the immediate direction (on-the-premises ises superbision)
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of a licensed massage practitioner that has at least 1000 hours of course work from a
reco-nized school. Each year of such supervised work shall equate to 100 hours of
training, Any combination of supervised work as described herein and continuing
education from recognized school can satisfy the applicant's requirement to acquire
the equivalent of 500 hours of course work.
Individuals holding valid permits at the time this ordinance was passed are exempt
from the aforementioned 500 hour requirement, However, if their permit expires
without renewal they will fall under the 500 hour requirements as set forth in this
ordinance as if they were new applicants.
3. The massage establishment's full name, address and telephone
number if the massage practitioner will be employed at a fixed place of business. In
the event the applicant seeks to conduct off-premises massage services not related to
the massage establishment, an additional application must be submitted unless the
applications are submitted contemporaneously.
4Such other identification and information as the Police
Department may require in order to fully investigate the matters set forth in the
application,
5. Two photographs of the applicant to be taken by the Police
Department designee. Nothing contained herein shall be construed to deny the
right of the Chief of Police or his designee to confirm the height and weight of the
applicant, or take additional photographs.
6. The Chief of Police or his authorized representative may require
the applicant to furnish fingerprints when needed for the purpose of establishing
identification. Any required fingerprinting fees will be the responsibility of the
applicant. Fingerprinting shall be taken at a place designated by the Chief of Police.
Permitees holding valid permits at the time this ordinance is enacted shall not be
required to furnish another set of fingerprints unless reasonable cause, as
determined by the City Attorney, exists to require them.
7. Authorization for the City, its agents and employees, to seek
information and to investigate the truth of the statements set forth in application
and to investigate the background of the applicant.
D. The Chief of Police or authorized representative, shall have up to sixty
days after the submission of all required information to complete his investigation.
Upon completion of his investigation, he shall grant the permit, with or without
conditions, if in the exercise of his discretion he finds those matters designated in
Section 5.28.060 and in the, exercise of his discretion further finds:
1. The applicant has furnished an acceptable diploma or <certifcate
of graduation from a recognized school;
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- The applicant has furnished -written proof from a recognized school that the
minirnurn number of hours of instruction have been completed.
The applicant has provided the certificate required by Section 5.28,130 t {?}
E, If the Chief'of police or authorized representative; folio-vying investigation of the
applicant, in the exercise of his discretion, fails to make the findings in "subsection D of this
section." he shall deny said application by dated, written notice.
5.28.140 New massage practitioners - notification.
The holder ofthe massage establishment or off-premises massage service permit shall notify,
the Chief of Police, in writing, of the name and address of each person employed massage
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practitioner at such establishment within live days of the person being employed. The requirements
of this section are in addition to the other provisions of this Chapter,, and nothing contained Herein:
shall relieve the permittee of the responsibility of ascertaining,prior to employment,that said person
has a current unrevoed massage practitioner's permit.
5.28.150 Renewal of nermits _ massaue establi5h nt, pff-premisea' as n le service.
massage,nractitioner.
Massage establishment,off-premises massage service,and massage practitioner permits shall
be valid from the time off issuance unless suspended or revoked,
5.28-160 Iicat„on of regulationo existing massage e tabli ents off-preml5gs
massage services. n massage nmgjjjjo r .
The provisions of this Chapter shall be applicable to all persons and businesses;whether the
business was established before or after the effective date of the ordinance codified in this Chapter,
5.28,170 Prohibited conduct:
It is unlawful for any massage practitioner or other person to massage the genital area:
of any patron or the breasts of any female patron or for any operator of a massage establishment to
allow or permit such massage,,
B, is unlawful for any massage practitioner to be other than fully clothed in non-
transparent clothing at all tines that shall not expose their genitals, pubic area, buttocks or breasts
or for any operator of a massage establishnnent to allow or hermit different dress.
maJW 1031.x- 1
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C. If during the life of a permit the applicant has any change in
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inforation concerning the original application, notification must be rade to the
Chief of Police, in writing, within thirty days of the change. If off-premises massage
services are to be performed, then the massage practitioner's permit must indicate
approval for off-premises massage services.
D. It is unlawful for any massage establishment, off-premises massage
service, or massage practitioner to provide a massage between ten-thirty-one p.m.
and five-fifty-nine am,
E. It is unlawful for any massage establishment, or off-premises massage
service or any perinittee, owner, operator, or responsible managing
officer/employee, to violate any of the mandatory requirements of this Chapter
applicable to massage establishments or off-premises massage services,
F It is unlawful for any massage practitioner to violate any of the
mandatory requirements of this chapter applicable to massage practitioners.
5,28,180suspension or revocation hearing
A. The Chief of Police may revoke or suspend a massage establishment
permit or massage practitioner permit or existing massage technician permit) if any
of the following are found: the permittee does not possess the qualifications for the
permit as required by this chapter, has been convicted of any violation of the
provisions of this chapter or any lesser included offense; has made a material
misrepresentation on the permit application or renewal; has engaged in conduct or
operated the massage establishment or as a massage practitioner in a manner which
violates any of the mandatory provisions of this chapter, any conditions of the
permit, or any of the laws which would have been grounds for denial of the permit.
For purposes of this section, permittee shall include the managing responsible
officer or employee. Further, the permittee shall be responsible for those acts of its
employees and massage practitioners which are done in the course and scope of
their employment by the permittee.
B. A hearing before the Chief of Police shall be scheduled upon not less
than ten calendar days notice to the permittee stating the grounds for proposed
revocation or suspension. Notice shall be given, by personal service or certified mail
to the address shown on the last application or renewal. If reasonable attempts to
otherwise serve are not successful, service may be provided by first class mail.
C: Notice of the decisions shall be given in the same manner as for the
hearing. The decision of the Chief of Police or authorized representative may be
appealed by the permittee to the City Manager within fifteen calendar days of service
by filing written notice of appeal with the City Manager's Office stating the basis for
the appeal and the errors clam ned to have occurred. If the permit is suspended or
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revoked, the permit shall be surrendered. Service shall be deemed complete when
personal service is made, when, the certified letter is delivered, or when the decision
is mailed by first class mail'.
. f .190 .appeal procedure.
A. The permittee or applicant, not later than fifteen calendar clays after
service of notice of revocation, suspension, denial of application or renewal or
approval with conditions, may file an appeal and the asserted; errors in the decision,
with the City Clerk. In the case of an appeal from a permit denial or an approval
with conditions, a hearing shall be held in accordance with the process notice
appeal, etc_) set forth for suspension of revocation hearings, appeal from the
conclusion to the hearing may be made as set forth in the preceding sentence.
B The City Manager or designee shall review the record of the hearing
below including a transcript or a tape of the hearing. No further testimony shall b
taken. The manager or designee shall also allow oral argument not to exceed fifteen
minutes per side. Notice of the time for appeal argument shall be given by personal
service or certified mail to the address shown on the last application or renewal. If
reasonable attempts to otherwise serve are not successful, service may be provided
by first class mail.
C. After the argument, the City Manager or designee shall reader a
written decision within ten working days from the date the matter is submitted for
decision. The action of the City Manager or ;designee shall be final, and. conclusive.
The decision shall be served upon the permittee pursuant to the procedures for
scheduling the argument. Service shall be deemed complete when: personal service
is made, when the certified letter is delivered:, or when the notice is mailed by first
class mail.
5.28,200 Burden of proof: Unless otherwise specifically prohibited by laws
the burden of proof is on the permittee/applicant in any hearing or other matter
under this Chapter.
.5-28.210 public nu.isance, any massage establishment operated, conducted,
or maintained contrary to the provisions of this Chapter shall be unlawful and a
public nuisance, and the City Attorney may in the exercise of discretion., in addition
to or in lieu of prosecuting a criminal action hereunder, commence an action or
actions, proceeding or proceedings, for the abatement removal and enjoinment
thereof, in any manner provided by law.
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S99tion-2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption
of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands
Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance
shall take effect in accordance with law.
�a or f the City
or f-the City o land
ATTEST:
Cit Jerk "
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the 2nd
day of June, 1998, by the following vote:
AYES. COuncilmembers Banda, Gilbreath, George, Freedman;
Mayor Cunningham
NOES: None
ABSENT: None
ABSTAIN: None
pity lerk. �
CERTIFICATION
1,Lorne Poyrer,City Clerk of the City of
Redlands,California,do hereby certify that this
is a true and Correct copy of Ordinance No..'Ll-80
which has been published to the local newspaper
pursuant to law.
City Clerk
City of Redlands,Californto