Unless the particular provision or the context otherwise requires,
the definitions and provisions contained in this Section shall govern
the construction, meaning and application of words and phrases used
in this Chapter:
means any place where there is given steam baths, electric
light baths, electric tub baths, shower baths, sponge baths, sunbaths,
mineral baths, vapor baths, Russian, Swedish or Turkish baths or any
other type of baths, fomentations, alcohol rubs or any other types
of rubs or giving salt glows or any type of therapy; any public bathing
place which has in connection therewith a steam room, dry hot room,
plunge, shower bath or sleeping accommodations.
means the City Manager of the City of Indian Wells, or his
or her designated representative.
means any person over 18 years of age other than a massagist
or escort, who renders any service in connection with the operation
of a massage business, escort service introductory service or bathhouse
and receives compensation from the operator of the business or patrons.
means any person who, for any consideration whatsoever:
Escorts, accompanies or consorts with another person to, from,
or about social affairs, entertainments, places of public assembly
or places of amusement;
Escorts, accompanies or consorts with another person in or about
any place of public or private resort or within any private quarters;
Escorts, accompanies or consorts with another person in or about
any business or commercial establishment, or part or a portion thereof.
means any business, agency, or self-employed or independent
escort who, for any consideration whatsoever, furnishes or offers
to furnish an escort.
means a service offered or performed by any person for any
consideration whatsoever, the principal purpose of which is to aid
persons to become socially acquainted or to otherwise assist persons
to meet for social purposes, or which service is generally known or
should be known by the offering or performing party to be used by
the recipient thereof for the purpose of obtaining information about
other persons to be used for social purposes.
means any method of pressure on, or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating
the external parts of the human body with the hands or with the aid
of any mechanical or electrical apparatus or appliances, with or without
supplementary aids such as creams, ointments, or other similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
means any establishment having a source of income or compensation
derived from the practice of massage as defined in this Section, and
which has a fixed place of business where any person, firm, association
or corporation engages in or carries on any of the activities defined
as massage in this Section.
means any person who, for any consideration whatsoever, engages
in the practice of massage as defined in this Section, whether in
a "massage establishment" as defined in this Section or
"bathhouse" as defined in this Section.
means the person to whom a permit has been issued.
means the chief of the police department of the City of Indian
Wells, or his or her designated representative.
means:
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal intercourse, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of sexual
relationship, or the use of excretory functions in the context of
sexual relationship, and any of the following depicted sexually oriented
acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
Clearly depicted human genitals in a State of sexual stimulation,
arousal or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation; or
Fondling or touching of nude human genitals, pubic region, buttocks,
or female breasts; or
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation.
means:
(Ord. 215, 1985; Ord. 393 § 2 (Exhibit A), 1996)
(a)
Requirements.
It is unlawful for any person, association, partnership or corporation
to engage in, conduct, carry on, or to be engaged in, conducted, or
carried on, in or upon any premises within the City, the business
of a massage establishment, bathhouse, escort bureau or introductory
service as defined in this Chapter, without possessing a permit issued
pursuant to the provisions of this Chapter for each and every separate
office or place of business conducted by the above. The permit fee
required by this Chapter shall be in addition to any other license,
permit or fee required under any of the provisions of this Code.
(b)
Authorization.
Neither the filing of an application for the permit, nor payment of
any other license, permit or fee required under any other provision
of this Code shall authorize the engaging, conducting or carrying
on of a massage establishment, bathhouse, escort bureau, or introductory
service.
(c)
Application
Fee. The application fee for a massage establishment, bathhouse, escort
bureau or introductory service permit shall be one thousand, two hundred
fifty dollars ($1,250.00), and the application fee for an escort's
permit for each escort employed therein shall be $200 and is non-refundable
and shall be used to defray the cost of investigation, processing
and hearing as set forth herein. The fee set forth in this Section
shall be in effect until the City Council shall by resolution fix
some other rate based upon a cost factor.
(d)
Renewal
of Permit. All permits shall expire on December 31st of the calendar
year for which they were issued. Applications for renewal of a permit
shall be made on or before November 30th of the year preceding the
year for which a renewal permit is sought. The renewal application
fee for a bathhouse, escort bureau or introductory service permit
shall be $200 and the renewal application fee for an escort permit
for each escort employed therein shall be $50. Said renewal application
fees are non-refundable and shall be used to defray the cost of investigation
and processing said renewal applications. The fee set forth in this
Section shall be in effect until the City Council shall by resolution
fix some other rate based upon a cost factor.
(Ord. 215, 1985; Ord. 505 § 4, 2002)
(a)
Conditional
Use Permit Required. No massage establishment, bathhouse, escort bureau
or introductory service shall be established except by Conditional
Use Permit.
(b)
Criteria.
In determining whether to approve or deny requests for Conditional
Use Permits, the City Council shall consider the following criteria:
(1)
The zone in which said businesses shall be located;
(2)
The proximity of the proposed location of said businesses to any
property zoned for residential use or used for residential purposes
or any other zone than where permitted by the Municipal Zoning Code.
Establishment of said businesses within 1,000 feet of any zone except
Community Commercial (CC) or Resort Commercial (RC) shall be discouraged;
(3)
The proximity of said businesses to any parcel of real property on
which is located any of the following uses or facilities:
(i)
Church, defined herein as any facility used primarily for worship
or used for other religious purposes;
(ii)
City, County, State, federal or other governmental public buildings,
including, but not limited to, City halls, libraries, police and fire
stations and post offices;
(iii)
Schools, defined herein as (A) institutions for teaching minor
children (e.g., day schools, elementary schools, secondary schools,
high schools); and (B) institutions of higher learning receiving approved
graduates of preparatory school and offering instructions in arts,
letters and science, reading to the bachelor's degree or master's
degree (e.g., colleges and universities). The aforesaid institutions
may be funded and/or operated either by governmental public authorities
or by private organizations;
(4)
Distance from any other massage establishment, bathhouse, escort
bureau or introductory service;
(5)
Distance from any business involving an on premises sale of liquor
or alcoholic beverages.
(c)
Measure
of Reference. The measure of reference distance in this paragraph
shall be a straight line from the nearest property line containing
the massage establishment, bathhouse, escort bureau or introductory
service to the nearest property line of an affected use, without regard
to intervening structures.
(Ord. 215, 1985; Ord. 393 § 2 (Exhibit A), 1996)
(a)
Any establishment not specifically permitted by the provisions of this Section shall be prohibited until such time as the Section may be amended to permit such establishment. The establishments specified permitted are as follows: (1) massage establishment; (2) escort bureau; (3)introductory service; (4) bathhouse; and (5) in connection with, ancillary to, and a part of a full service beauty salon, the massage portion of the use shall be a minor use and the full service beauty salon use shall be the major use, with one massage room only being permitted. The requirements of Sections 5.24.030 and 5.24.100 shall not apply to this minor, ancillary use.
(b)
All
permitted establishments shall comply with all regulations and provisions
of this Chapter. Nothing in this Chapter shall be construed as permitting
any activity otherwise prohibited by State or local law.
(Ord. 215, 1985; Ord. 393 § 2 (Exhibit A), 1996)
The provisions of Title 21 of this Code dealing with nonconforming uses shall not be applicable to massage establishments, bathhouses, escort bureaus or introductory services. Instead, the following amortization schedule shall apply to all massage establishments, bathhouses, escort bureaus and introductory services which do not conform to the terms of this Chapter but otherwise are legally existing on the effective date of the ordinance codified in this Chapter:
(a)
For
such an establishment legally existing in the City for a period of
not less than six months preceding the effective date of the ordinance
codified in this Section, 120 days;
(b)
For
such an establishment legally existing within the City for a period
of not less than three months preceding the effective date of the
ordinance codified in this Chapter, 90 days;
(c)
For
such an establishment legally existing within the City for a period
of up to three months preceding the effective date of the ordinance
codified in this Chapter, 60 days.
(Ord. 215, 1985)
In addition to the base zone requirements governing use and minimum development standards, and the applicable requirements set forth within Section 5.24.100, the following additional requirements shall be met by massage establishments, bathhouses, escort bureaus, or introductory services:
(a)
Separate
Business Entrance. Said use shall have a separate business entrance
adjacent to the required parking area and no other nonadult use shall
be permitted in the same building space while used as a massage establishment,
bathhouse, escort bureau or introductory service unless specifically
exempted by Conditional Use Permit.
(b)
Fire
and Safety Requirements. Maximum occupancy load, fire exits, aisles
and fire equipment shall be regulated, designed and provided in accordance
with the fire department and building department regulations and standards.
(c)
Building
Openings. All building openings, entries, windows, etc., shall be
located, covered or screened in such a manner as to prevent a view
into the interior from outside the building.
(d)
Lighting
in Parking Lots. Lighting shall be required which is designed to illuminate
all off street parking areas serving such use for the purpose of increasing
the personal safety of patrons and reducing the incidence of vandalism
and theft.
(e)
Amplified
Sound. No loudspeakers or sound equipment shall be used by a massage
establishment, bathhouse, escort bureau or introductory service, for
amplification of sound to a level discernible by the public beyond
the walls of the building in which use is conducted.
(f)
Exclusion
of Minors. The building entrance to the use shall be clearly and legibly
posted by a notice indicating that minors are precluded from entering
the premises. As used herein, "minor" means an individual
under the age of 18 years.
(g)
Exposure
to Public View. Commercial business licensed or operating within the
City shall not display or exhibit any material in a manner which exposes
to public view photographs or illustrations of specified sexual activities
or one or more naked adults in poses which emphasize or direct the
viewer's attention to the subject's genitals. As used
herein, "exposed to public view" means exposes to the
view of the person outside the building in which the commercial business
is located.
(h)
Placement
of Permit. The permit required by this Chapter shall be displayed
in a prominent place.
(Ord. 215, 1985)
Every person who maintains, conducts or operates as an escort,
escort bureau or introductory service shall at all times keep a registration
book in connection therewith, in which each and every customer's
first, middle and last name, age, telephone number and complete address
shall be written together with the date of initial contact, all appointments
and contacts made thereafter and the first, middle and last names
of the escort of the person to whom the customer is socially introduced.
Such records shall be made available, upon request, for inspection
by the City Manager or the Police Chief.
(Ord. 215, 1985)
Any person desirous of employment as an escort, as defined in
this Chapter, must first secure an escort's permit. Once obtained,
said permit shall be carried on the escort's person at all times
said person is functioning as an escort. Application shall be made
to the City Manager in the same manner as provided herein for adult
entertainment establishment permits. The application shall contain
all of the information set forth in Section 5.26.240 pertaining to
massagist permits, save and except for subsection (b) and (m) set
forth therein.
(Ord. 215, 1985; Ord. 393 § 2 (Exhibit A), 1996; Ord. 505 § 4, 2002)
No license to conduct a massage establishment or bathhouse shall
be issued unless an inspection by the City reveals that the establishment
complies with each of the following minimum requirements:
(a)
Conducts,
or otherwise operates, a massage business only between the hours of
7:00 a.m. and 12 midnight.
(b)
Posts
a list of services available, described in readily understandable
language, and the cost of such services in a conspicuous place on
the premises.
(c)
Displays
the permit, and a copy of the permit of each massagist therein, in
a conspicuous place on the premises.
(d)
Maintains
a record which includes the date and time of each massage or bath,
the name and address of the patron, the name of the person administering
such massage, and the type of massage given or bath taken. Such records
will be made available, upon request, for inspection by the City Manager
or Police Chief. The information contained in such records shall be
confidential.
(e)
Construction
of rooms used for toilets, tubs, steam baths and showers shall be
made waterproof with approved waterproofed materials and shall be
installed in accordance with the City building code. Plumbing fixtures
shall be installed in accordance with the City plumbing code:
(i)
Steam rooms and shower compartments shall have waterproof floors,
walls and ceilings approved by the City.
(ii)
Floors of wet and dry heat rooms shall be adequately pitched to one
or more floor drains properly connected to the sewer. Exception: Dry
heat rooms with wooden floors need not be provided with pitched floors
and floor drains.
(iii)
A source of hot water must be available within the immediate vicinity
of dry and wet heat rooms to facilitate cleaning.
(f)
The
premises shall have adequate equipment for disinfecting and sterilizing
non-disposable instruments and materials used in administering massages.
Such non-disposable instruments and materials shall be disinfected
after each use on each patron.
(g)
All
employees, including massagists, shall be clean and wear clean, nontransparent
outer garments, covering their specified anatomical areas, the use
of which garments is restricted to the massage establishment. A separate
dressing room for each sex must be available on the premises. Each
dressing room must provide individual lockers for each employee. Doors
to such dressing rooms shall open inward and shall be self closing.
(h)
Toilet
facilities shall be provided in convenient locations. When employees
and patrons of different sexes are on the premises at the same time,
separate toilet facilities shall be provided for each sex. A single
water closet per sex shall be provided for each 20 or more employees
or patrons of that sex on the premises at any one time. Urinals may
be substituted for water closets after one water closet has been provided.
Toilets shall be designated as to the sex accommodated therein.
(i)
Provide
a minimum of one bathtub or shower facility for the patrons; provided
however, if male and female patrons are to be served simultaneously,
separate facilities shall be provided for such patrons. Where baths,
as defined in this Section, are provided, whether in a "massage
business" or "bathhouse" and male and female patrons
are to be served simultaneously, separate rooms for baths shall be
provided for such patrons. Hot and cold running water under pressure
from a potable source shall be provided to all washbasins, bathtubs,
showers, and similar facilities. Each water basin shall be provided
with soap or detergent and single service towels placed in permanently
installed dispensers. A trash receptacle shall be provided in each
room where such facilities are located. In addition to the washbasin
provided for patrons, a minimum of one separate washbasin shall be
located within or as close as practicable to each area in which massages
are administered and baths taken.
(j)
Maintain
lighting intensity of not less than seventy footcandle power at floor
level in any room or enclosure in all public rooms, hallways and within
each room or enclosure where massages are administered or baths are
taken.
(k)
Maintain
walls, ceilings, floor, pools, showers, bathtubs, water basins, toilets,
wet and dry heat rooms, steam or vapor rooms and cabinets and all
other facilities in good repair and in a clean and sanitary condition.
Showers, water basins, toilets, wet and dry heat rooms, steam or vapor
rooms, and cabinets and compartments shall be thoroughly cleaned at
least once each day the massage business or bathhouse is in operation.
Bathtubs shall be thoroughly cleaned after each use.
(l)
Provide
clean and sanitary towels, sheets and linens for each person. No common
usage of sheets, towels and linens shall be permitted. Towels, sheets
and linens shall be provided in sufficient quantity and shall not
be used by more than one person unless such towels, sheets and linens
have been relaundered. Heavy white paper may be substituted for sheets;
provided, however, that such paper is used only for one person and
then discarded into a sanitary receptacle. Separate closed cabinets
or containers shall be provided for the storage of clean and soiled
towels, sheets and linens, and such cabinets or containers shall be
plainly marked "clean linen" and "soiled linen."
(m)
Cover
pad used on massage tables in workmanlike manner with durable, washable
plastic or other waterproof material.
(n)
Unlock
all exterior doors from interior side during business hours.
(o)
Provide
a separate locker for each patron to be served, which locker shall
be capable of being locked and available to patrons at no extra charge.
(p)
No
massage establishment granted a license under the provisions of this
Chapter shall place, publish or distribute, or cause to be placed,
published or distributed, any advertisement, picture or Statement
which is known or through the exercise of reasonable care should be
known to be false, deceptive or misleading in order to induce any
person to purchase or utilize any professional massage service.
(q)
All
electrical equipment shall be installed in accordance with the requirements
of the City's Uniform Building Code.
(r)
It
is unlawful for any massage service to be carried on within any cubicle,
room, booth, or any area within a massage establishment which is fitted
with a door capable of being locked. All doors or doorway coverings
within a massage establishment shall have an unobstructed opening
six inches by six inches (6" x 6") in size capable of
clear, two way viewing into and out of all cubicles, rooms or booths.
The opening shall not be less than four and one half feet (4 1/2')
from the floor of the establishment nor more than five and one half
(5 1/2') feet from the floor. Toilets and cubicles used solely
for the application of liquid and vapor baths shall have no such opening
in the covering door or curtain, but shall be clearly marked as to
purpose on the exterior door or curtain of said cubicle, room or booth.
Nothing contained herein shall be construed to eliminate other requirements
of statute, ordinance, or municipal code concerning the maintenance
of premises, nor to preclude authorized inspection thereof, whenever
such inspection is deemed necessary by the Police or Health Departments.
(s)
Shall
not operate as a school of massage, or operate in the same location,
or use the same facilities as that of a school of massage, except
as otherwise may be provided by law. It is unlawful for any person
to perform any massage upon a member of the general public while on
the premises of a school of massage, instructors and students of such
schools may practice massage only upon a bona fide employee or another
student of the school, or a dummy may be used.
(Ord. 215, 1985)
(a)
It
is unlawful for any escort, massagist or any person on the premises
of a massage establishment, bathhouse, escort bureau or introductory
service to: (1) expose to any other person any "specified anatomical
areas" whether his or her own, or those of another; and (2)
engage in any "specified sexual activities."
(b)
It is unlawful for any person owning, operating, or managing a massage establishment or bathhouse knowingly to cause, allow or permit in or about such massage establishment or bathhouse, any agent, employee or any other person under his control or supervision to perform such acts prohibited in subsection (a) of this Section.
(c)
It
is unlawful to advertise oneself as an escort or to accept money for
escort or introductory services, without possessing a permit as required
by this Chapter.
(Ord. 215, 1985; Ord. 393 § 2 (Exhibit A), 1996; Ord. 505 § 4, 2002)
No holder of a massage establishment, bathhouse, escort bureau
or introductory service permit shall employ any person under 18 years
of age; nor shall such permittee provide any service for which it
requires said permit to any patron, customer or person under eighteen
years of age, except at the special instance and request of a parent,
guardian or other person in lawful custody of the minor upon whose
behalf the escort, massagist or introductory service is engaged.
(Ord. 215, 1985)
(a)
The
requirements of this Chapter shall have no application and no effect
upon and shall not be construed as applying to any physician, surgeon,
chiropractor, or osteopath or any nurse or physical therapists working
under the supervision of a physician, surgeon, chiropractor, or osteopath
duly licensed to practice their respective professions in the State
of California.
(1)
Practical nurses or other persons without qualifications as massage
technicians, or other persons not otherwise licensed by the State
to practice pursuant to the Medical Practice Act, whether employed
by physicians, surgeons, chiropractors, or osteopaths or not, may
not give massages or massage procedures.
(2)
The requirements of this Chapter shall not apply to any treatment
administered in good faith in any course of the practice of any healing
art or profession by any person licensed to practice any such art
or profession under the Business and Profession Code of the State
or any other law of this State.
(3)
Barbers, beauticians, manicurists, and pedicurists who are duly licensed
under the laws of the State of California except that this exemption
shall apply solely to the massaging of the scalp, face, neck arms
or upper part of the human body, or massaging the hands or feet of
the customer or client for cosmetic or beautifying purposes.
(4)
Massages or massage procedures as provided by or in connection with a physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to, and a part of a physician, surgeon, chiropractor, osteopath or healing art office. The massage portion of the use shall be a minor use and the physician, surgeon, chiropractor, osteopath or healing art office use shall be the major use, with the massage portion of the use not occupying a significant or substantial portion of the business. The requirements of Sections 5.24.030 and 5.24.100 shall not apply to this minor, ancillary use.
(b)
Trainers
for any amateur, semi-professional or professional athlete or athletic
team or school athletic program.
(Ord. 215, 1985; Ord. 393 § 2 (Exhibit A), 1996)
(a)
Any
person, association, partnership or corporation desiring to obtain
a business license tax certificate and a permit for a massage establishment,
bathhouse, escort bureau or introductory service shall make an application,
under oath, to the City Manager upon a form provided by the City Manager
showing:
(1)
The name, current permanent residential address and telephone number
of the applicant;
(2)
The business name, proposed business address of the massage establishment,
bathhouse, escort bureau or introductory service and its telephone
number. If the applicant is a corporation, the name shall be exactly
as set forth in its articles of incorporation and it shall provide
a copy of its articles of incorporation. The applicant shall show
the name and resident address of each of the officers, directors,
and each stockholder owning not less than 10% of the stock of the
corporation and the address of the corporation itself, if different
than the address of the massage establishment, bathhouse, escort bureau,
or introductory service. If the applicant is a partnership, the application
shall show the name and address of each of the partners, including
limited partners, and the address of the partnership itself, if different
from the address of the massage establishment, bathhouse, escort bureau,
or introductory service;
(3)
The name and permanent address of the owner of the property upon
which the applicant intends to locate the massage establishment, bathhouse,
escort bureau or introductory service. If the property owner is a
corporation, name shall be exactly as set forth in its articles of
incorporation and the applicant shall show the name and residence
address of each of the officers, directors and stockholders owning
not less than 10% of the stock of the corporation. If the property
owner is a partnership, the applicant shall show the name and residence
address of each of its partners, including limited partners;
(4)
In the event the applicant is not the owner of record of the real
property upon which the massage establishment, bathhouse, escort bureau
or introductory service is or will be located, the application must
be accompanied by a notarized Statement from the owner of record of
the real property acknowledging that a massage establishment, bathhouse,
escort bureau or introductory service is or will be located on the
property. In addition, the applicant must furnish a copy of the lease
or rental agreement pertaining to the premises in which the massage
establishment, bathhouse, escort bureau or introductory service will
be located;
(5)
The date, hours and location where the massage establishment, bathhouse,
escort bureau or introductory service is proposed to be conducted,
and the admission fee, if any, to be charged;
(6)
The name(s) or person(s) having the management or supervision of
the applicant's business;
(7)
Whether or not the applicant has been convicted of a crime, the nature
of such offense, the date of conviction, place convicted, and the
sentence received therefor. If the applicant is a corporation, this
requirement applies to each of the officers, directors, and/or stockholders
owning not less than 10% of the stock of the corporation. If the applicant
is a partnership, this requirement applies to each of the partners,
including limited partners;
(8)
Whether or not the applicant has ever had any similar license or
permit issued by such agency revoked or suspended, or has had any
professional or vocational license or permit revoked or suspended,
and the reasons therefor, and the business activity or occupation
subsequent to such action of suspension or revocation. If the applicant
is a corporation, this requirement applies to each of the officers,
directors and/or stockholders owning not less than 10% of the stock
of the corporation. If the applicant is a partnership, this requirement
applies to each of the partners, including limited partners;
(9)
Driver's license or other acceptable identification and social
security number of the applicant. If the applicant is a corporation,
this requirement applies to each of the officers, directors, and/or
stockholders owning not less than 10% of the stock of the corporation.
If the applicant is a partnership, this requirement applies to each
of the partners, including limited partners;
(10)
Acceptable written proof that the applicant is at least 18 years
of age. If the applicant is a corporation, this requirement applies
to each of the officers, directors and/or stockholders owning not
less than 10% of the stock of the corporation. If the applicant is
a partnership, this requirement applies to each of the partners, including
limited partners;
(11)
The height, weight, color of eyes, color of hair and date of birth
of the applicant. If the applicant is a corporation this requirement
applies to all officers, directors and/or stockholders owning not
less than 10% of the stock of the corporation. If the applicant is
a partnership, this requirement applies to all partners, including
limited partners;
(12)
The business, occupation or employment history of the applicant for
the last five year period immediately preceding the date of filing
for the application. If the applicant is a corporation, this requirement
applies to each of the officers, directors, and/or stockholders owning
not less than 10% of the stock of the corporation. If the applicant
is a partnership, this requirement applies to each of the partners,
including limited partners;
(13)
Each residential and business address of the applicant for the five
year period immediately preceding the date of the filing of the application.
If the applicant is a corporation, this requirement applies to each
of the officers, directors, and/or stockholders owning not less than
10% of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited
partners;
(14)
One front face portrait photograph of the applicant at least two
inches by two inches and a complete set of applicant's fingerprints
which shall be taken by the City police. If the applicant is a corporation,
one front face photograph at least two inches by two inches of all
officers, directors, and stockholders owning not less than 10% of
the stock of said corporation and a complete set of the same officers',
directors', and stockholders' fingerprints which shall
be taken by the City police;
(15)
The name and address of each massagist or escort who is or will be
employed in said establishment;
(16)
Applicant must furnish a diploma or certificate of graduation from
a recognized school or other institution of learning wherein the method,
profession and work of massage is taught as identified in Section
5.24.080; provided, however, that if applicant will not personally
engage in the practice of massage or the day-to-day operation of a
massage establishment, as defined herein, the applicant need not posses
such diploma or certificate;
(17)
The name and address of any other massage establishment, bathhouse, escort bureau or introductory service owned or operated by any person whose name is required to be given in subsection (2) of this Section;
(18)
A description of any other business to be operated on the same premises
or on adjoining premises owned or controlled by the applicant. If
the applicant is a corporation, this requirement applies to each of
the officers, directors, and/or stockholders owning not less than
10% of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited
partners;
(19)
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 the qualifications of the applicant for
the permit;
(20)
Such other identification and information necessary to discover the
truth of the matters specified as required to be set forth in the
application;
(21)
The names, current addresses and written Statement of at least three
bona fide permanent residents of the United States that the applicant
is of good moral character. If the applicant is able, the Statements
must first be furnished from residents of the City, then the County,
then the State of California, and, lastly, from the rest of the United
States. These references must be persons other than relatives and
business associates. If the applicant is a corporation, this requirement
applies to each of the officers, directors and stockholders owning
not less then 10% of the stock of the corporation. If the applicant
is a partnership, this requirement applies to each of the partners,
including limited partners;
(b)
The
holder of the permit for a massage establishment, bathhouse, escort
bureau, or introductory service shall notify the City Manager of each
change in any of the data required to be furnished by this Section
within 10 days after such change occurs.
(Ord. 215, 1985; Ord. 393 § 2 (Exhibit A), 1996)
Upon application for a renewal permit, the applicant shall provide all of the information set forth in Section 5.24.140.
(Ord. 215, 1985)
(a)
After
an application permit has been filed with the City Manager, he or
she shall cause an investigation to be made by the City's Code
Enforcement Officer. The Code Enforcement Officer shall refer copies
of the application to the following departments within five days of
the receipt of the application: the City's Building Department,
the Riverside County Health Department, and the Riverside County Fire
Marshal. These departments shall within 30 days inspect the premises
proposed to be operated as a massage establishment, bathhouse, escort
bureau, or introductory service and shall make written verification
to the Code Enforcement Officer concerning compliance with the codes
of the City, Riverside County and the State of California, that they
administer. If such premises are not in compliance, the Code Enforcement
Officer shall notify the applicant in writing of the deficiencies,
and shall cause the reinspection of such premises to be made upon
written request of the applicant; provided, however, that such request
for reinspection is made within 30 days after notice of noncompliance
has been given by the Code Enforcement Officer. The application shall
further be referred to the City police department for investigation
of the applicant's character and qualifications. The City Manager
shall cause the application to be set for hearing before the City
Council and shall notify the applicant of the date of such hearing.
(b)
The
aforesaid procedure shall apply to renewal applications for permits.
(Ord. 215, 1985)
After the City Manager has set the application for hearing,
he or she shall cause notice of the hearing to be given within 10
days to all property owners within 300 feet of the proposed or actual
location of the applicant's business. For the purpose of this
Section, notice to property owners shall be sufficient if given to
those property owners who appear as such on the last equalized assessment
roll on file with the City. Additionally, the City Manager shall cause
a public notice to be posted in three public places 10 days prior
to the hearing date. All notices provided for this Section shall be
in the form and manner as determined by the City Manager.
(Ord. 215, 1985)
At the time and place set for public hearing as to any application,
the City Council shall hear and determine all facts and evidence relevant
to the nature and location of the proposed massage establishment,
bathhouse, escort bureau or introductory service, and the character,
reputation and moral fitness of those who will conduct, participate
in or be in charge of such massage establishment, bathhouse, escort
bureau or introductory service.
(Ord. 215, 1985)
At the conclusion of the hearing before the City Council, the
City Council shall grant an application for a massage establishment,
bathhouse, escort bureau or introductory service permit, massagist's
permit or escort's permit if it finds and determines all of
the following:
(a)
The
traffic generated by the proposed use will not impose a greater burden
upon the streets and highways in the area than similar use in the
area;
(b)
The
conduct of the massage establishment, bath house, escort bureau or
introductory service, as proposed by the applicant, if permitted,
will comply with all applicable laws, including but not limited to
the City's building, zoning, and health regulations;
(c)
The
applicant has not knowingly made any false, misleading or fraudulent
Statements of fact in the permit application, or any other document
required by the City in conjunction therewith; if the applicant is
a corporation, this requirement applies to each of the officers, directors
and/or stockholders owning not less than 10% of the stock of the corporation.
If the applicant is a partnership, this requirement applies to all
partners including limited partners;
(d)
The
applicant or any other person who will be directly engaged in the
management and operation of the place of massage establishment, bathhouse,
escort bureau or introductory service;
(1)
Has not done any act involving dishonesty, fraud, or deceit with
the intent to substantially benefit himself, herself or another, or
substantially injure another, or
(2)
Has not been convicted of any crime. A conviction shall mean a plea
or verdict of guilty or conviction following a plea of nolo contender,
unless the conviction was so remote in time as to indicate that the
applicant has been rehabilitated, or that the applicant has presented
evidence to the Chief of Police which shows to the satisfaction of
the Chief of Police that the applicant has been rehabilitated, or
(3)
The act or crime referred to in subsection (d) (1) or (2) must be
substantially related to the qualifications, functions or duties of
a person engaged in the business or practice of massage establishment,
bathhouse, escort bureau or introductory services;
(e)
The
correct permit fee has been tendered to the City and, in the case
of a check or bank draft, honored with payment upon presentation;
(f)
The
applicant has not had a massage establishment, bathhouse, escort bureau
or introductory service, massagist's or escort's or other
similar permit denied, revoked or suspended by the City or any other
State or local agency within five years prior to the date of the application;
(g)
The
applicant, if an individual, or any of the officers, directors and
stockholders who own not less than 10% of the stock of said corporation,
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership; and the manager
or other person principally in charge of the operation of the business,
is not under the age of 18 years. If the applicant is a corporation,
this requirement applies to each of the officers, directors and/or
stockholders owning not less than 10% of the stock of the corporation.
If the applicant is a partnership, this requirement applies to each
of the partners, including limited partners;
(h)
The City may issue a license or permit to any person convicted of any of the crimes described in subsections (d)(1) or (2) of this Section if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this Section.
(Ord. 215, 1985)
After notice and hearing pursuant to the procedures provided
herein, the City Council shall deny, suspend or revoke any permit
applied for, or issued under this Chapter, if it finds and determines
that:
(a)
The
business as conducted by permittee, its agent(s) or employee(s), or
any person(s) connected or associated with the permittee as partner,
director, officer, general manager or other person(s), who is exercising
managerial authority of, or on behalf of permittee acting under the
authority of such permit, does not comply with all applicable laws,
including, but not limited to, the City's building, zoning and
health regulations; or
(b)
Permittee,
its agent(s) or employee(s), or any person connected or associated
with the permittee as partner, director, officer, or general manager
or other person(s), who is exercising managerial authority of, or
on behalf of permittee, acting under the authority of such permit,
has knowingly procured said permit by false Statements, representations
or nondisclosure of a material fact when such fact would have constituted
good cause for denying the application for such permit or any document
required by the City in conjunction therewith;
(c)
The
permittee has ceased to meet any of the requirements for issuance
of a permit; or
(d)
Any
failure on the part of the owner, manager, or other person in charge
of the premises to enforce the regulations set forth in this Chapter
or to cooperate with the police department by promptly reporting any
fight, brawl or other unlawful activities occurring on the premises;
or
(e)
The
premises for which the permit was issued is being operated in an illegal
or disorderly manner, or
(f)
Noise
from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood; or
(g)
The
applicant has done any act involving dishonesty, fraud or deceit with
the intent to substantially benefit himself, herself or another, or
substantially injure another; or
(h)
The
applicant has been convicted of any crime. A conviction shall mean
a plea or verdict of guilty or conviction following a plea of nolo
contendere, unless the conviction was so remote in time as to indicate
that the applicant has been rehabilitated, or the applicant has presented
evidence to the Chief of Police that the applicant has been rehabilitated.
(Ord. 215, 1985)
The City Council shall act to approve or deny an application
for a permit under this Chapter within a reasonable period of time
and in no event shall the City Council act later than 90 days from
the date that said application was accepted by the City's Code
Enforcement Officer.
(Ord. 215, 1985)
The police shall from time to time make inspection of each massage
establishment, bathhouse, escort bureau or introductory service for
the purposes of determining that the provisions of this Chapter are
fully complied with. It shall be unlawful for any permittee to fail
to allow such inspection officer access to the premises or hinder
such officer in any manner.
(Ord. 215, 1985)
Any person violating any of the provisions, or failing to comply
with any of the requirements, of this ordinance shall be guilty of
a misdemeanor and upon conviction thereof, shall be punishable by
a fine not to exceed $500, or by imprisonment in the County jail for
a period of not more than six months, or by both such fine and imprisonment.
Each day a violation is committed or permitted to continued shall
constitute a separate offense.
(Ord. 215, 1985)
The provisions of Section 5.24.200 of this Chapter are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law.
(Ord. 215, 1985)
Any massage establishment, bathhouse, escort bureau or introductory service operated, conducted or maintained contrary to the provisions of this Chapter shall be and the same is declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action, in accordance with Title 1 of this Code, commence an action(s) or proceeding(s) for the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment, bathhouse, escort bureau or introductory service contrary to the provisions of this Chapter.
(Ord. 215, 1985)
Upon sale, transfer or relocation of a massage establishment, bath house, escort bureau or introductory service the permit therefor shall be null and void unless approved as provided in Section 5.24.190; provided, however, that upon the death or in capacity of the permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the massage establishment, bathhouse, escort bureau or introductory service for a reasonable period of time not to exceed 60 days to allow for an orderly transfer of the permit.
(Ord. 215, 1985)
No permit shall be transferable except with the consent of the City Council. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 5.24.020. The written application for such transfer shall contain the same information as requested herein for initial application for the permit.
(Ord. 215, 1985)
