For the purpose of this chapter, the following terms shall be
defined as follows:
shall be as defined in Section 19.04.035 of this code.
shall be as defined in Section 19.04.040 of this code.
shall be as defined in Section 19.04.045 of this code.
shall be as defined in Section 19.04.050 of this code.
shall be as defined in Section 19.04.055 of this code.
shall include those uses defined in subsections A through
E, J, K and N, inclusive, of this section.
means any establishment having a fixed place of business
where any person engages in, conducts, or carries on any business
of providing Turkish, Russian, Swedish, Finnish, hot air, vapor, electric
cabinet, steam sweat, mineral, salt, sauna, fomentation, alcohol,
shower, tub or sponge baths, soaking facilities such as a spa, or
baths of any kind whatsoever. Any establishment carrying on or permitting
any combination of massage and bathhouse shall be deemed a massage
establishment and not a bathhouse. "Bathhouse" does not include hospitals,
nursing homes, sanitariums or establishments where a person provides
baths pursuant to his or her unrevoked certificate to practice the
healing arts under the laws of the State of California. "Bathhouse"
does not include hotels, motels and similar lodging establishments.
"Bathhouse" does not include establishments primarily providing physical
fitness services, except where cubicles, rooms or booths are provided
for use by individual patrons of such establishments.
means the City of Imperial Beach.
means the placing of the male penis on or into the anus,
vagina or mouth of another person; the placing of the mouth of one
person on the anus, vagina or penis of another person; the contact
of feces or urine of one person with any part of the body of another
person; or the entry of any part of the body of one person into the
anus or vagina of another person.
shall be as defined in Section 19.04.530 of this code.
shall be as defined in Section 19.04.550 of this code.
means any natural person, firm, association, club, organization,
partnership, business trust, corporation, company or any other entity
whatsoever which is recognized by law as the subject of rights or
duties.
includes appropriate officers of the County Sheriff's Department
provided by contract with the Sheriff.
shall be as defined in Section 19.04.690 of this code.
(Ord. 748 § 1, 1988)
It is unlawful for any person to operate, maintain or keep within
the limits of the City any bathhouse without an annual permit therefor
issued by the chief of law enforcement. The permit, or any renewal
thereof, may be denied if the bathhouse operation as proposed does
not comply with the provisions of this chapter, regulations adopted
pursuant to this chapter, and all other applicable laws, including,
but not limited to, applicable building and fire codes.
(Ord. 748 § 1, 1988)
Any person desiring a permit or renewal thereof required by
this chapter shall make application to the chief of law enforcement.
(Ord. 748 § 1, 1988)
A.
The
application for a permit to operate a bathhouse shall set forth the
exact nature of the baths to be administered, the proposed place of
business and facilities therefor, and the name and address of each
applicant. In addition to the foregoing, any applicant for a bathhouse
permit shall furnish the following information:
1.
The
two previous addresses immediately prior to the present address of
applicant;
2.
Written
proof that the applicant is over the age of 18 years;
3.
Applicant
height, weight, color of eyes and hair;
4.
Two
portrait photographs at least two inches by two inches in size;
5.
Business,
occupation, or employment of the applicant for the three years immediately
preceding the date of the application;
6.
Whether
the applicant, in this or any other city, county or state, under license,
has ever had a license for a bathhouse or other adult use revoked
or suspended, the reason therefor, and the business activity or occupation
subsequent to such action of suspension or revocation;
7.
All
misdemeanor and felony criminal convictions;
8.
If
the applicant is a corporation, the name of the corporation exactly
as shown in its articles of incorporation; the names and business
addresses of each of the officers, directors and each stockholder
owning more than 10% of the stock of the corporation. If the applicant
is a partnership, the application shall set forth the name and business
address of each of the partners, including limited partners; and
9.
Such
other identification and information necessary to discover the truth
of the matters hereinbefore specified as required to be set forth
in the application.
B.
Nothing
contained herein shall be construed to deny to the chief of law enforcement
the right to take fingerprints and additional photographs of the applicant,
nor shall anything contained herein be construed to deny the right
of the chief of law enforcement to conform the height and weight of
the applicant.
(Ord. 748 § 1, 1988)
The annual nonrefundable application fee for the permit required by this chapter shall be set by resolution of the Council. Delinquent fees shall be collected in accordance with the provisions of Section 4.04.260 of this code.
(Ord. 748 § 1, 1988)
No permit to conduct a bathhouse shall be issued unless an inspection
by the chief of law enforcement and County Health Department reveals
that the establishment complies with each of the following minimum
requirements:
A.
Construction
of rooms used for toilets, tubs, steam baths, and showers shall be
made waterproof with approved waterproof materials.
1.
For
toilet rooms, toilet room vestibules and rooms containing bathtubs,
there shall be a waterproof floor covering, which shall be carried
up all walls to a height of at least six inches. The floor shall be
covered up on base with at least three-quarter-inch cover. The walls
of all toilet rooms and rooms containing bathtubs shall be finished
to a height of six feet from a smooth nonabsorbent finish surface
of Keene cement, tile or similar material.
2.
Steam
rooms and shower compartments shall have approved waterproof floors,
walls and ceilings.
3.
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.)
4.
A
source of hot water shall be available within the immediate vicinity
of dry and wet heat rooms to facilitate cleaning.
B.
Toilet
facilities shall be provided in convenient locations, and every bathhouse
shall provide at least one water closet. When five or more employees
and patrons of each sex are on the premises at the same time, separate
toilet facilities shall be provided. A single water closet per sex
shall be provided for each 20 employees or patrons of that sex on
the premises at any one time. Urinals may be substituted for water
closets in the toilet facility for males after one water closet has
been provided; provided, however, that there shall be at least one
water closet for each 60 employees or patrons of the male sex. All
toilet rooms shall be equipped with self-closing doors opening in
the direction of ingress to the toilet rooms. Toilets shall be designated
as to the sex accommodated therein.
C.
Lavatories
or washbasins provided with both hot and cold running water shall
be installed in either the toilet room or the vestibule. Lavatories
or washbasins shall be provided with soap in a dispenser and with
sanitary towels.
D.
All
portions of bathhouse establishments and baths shall be provided with
adequate light and ventilation by means of windows or skylights with
an area of not less than one-eighth of the total floor area, or shall
be provided with approved artificial light and a mechanically operating
ventilating system. Areas of the bathhouse, other than those areas
provided only to individual patrons, shall at all times during bathhouse
operation have a direct illumination level of at least 15 footcandles
or light measured 30 inches above the floor. When windows or skylights
are used for the ventilation, at least one-half of the total required
window area shall be operable.
|
To allow for adequate ventilation, cubicles, rooms, and areas
provided for patrons' use not served directly by a required window,
skylight or mechanical system of ventilation shall be constructed
so that the height of partitions does not exceed 75% of the floor-to-ceiling
height of the area in which they are located.
|
(Ord. 748 § 1, 1988)
All bathhouse permittees shall comply with the following operating
requirements:
A.
Every
portion of a public bathhouse, including appliances, apparatus, and
personnel, shall be kept clean and operated in a sanitary condition.
B.
All
employees shall be clean and wear clean outer garments, whose use
is restricted to the bathhouse. Provision for separate dressing rooms
for each sex must be available on the premises, with individual lockers
for each employee. Doors to such dressing rooms shall open inward
and shall be self-closing.
C.
All
bathhouses shall be provided with clean laundered sheets and towels
in sufficient quantities and shall be laundered between consecutive
uses thereof and stored in an approved sanitary manner. No towels
or sheets shall be laundered or dried in any public bathhouse unless
such establishment is provided with approved laundry facilities for
such laundering and drying. Approved receptacles shall provided for
the storage of soiled linens and paper towels.
D.
Wet
and dry heat rooms, shower compartments and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs
shall be thoroughly cleaned after each use.
E.
The
operator(s) of each bathhouse shall provide educational programs for
patrons in accordance with standards promulgated by the San Diego
County Department of Health Services in consultation with the San
Diego County Regional Task Force on AIDS.
(Ord. 748 § 1, 1988)
The chief of law enforcement shall issue a bathhouse permit
if all the requirements for a bathhouse described in this chapter
are met and shall issue a permit to any person who has applied for
a permit to operate a bathhouse unless the chief of law enforcement
finds:
A.
That
the operation as proposed by the applicant, if permitted, would not
comply with all applicable laws;
B.
That
the applicant or any other person who would be directly engaged in
the management and operation of a public bathhouse has been convicted
of:
1.
An
offense involving conduct which requires registration pursuant to
Section 290 of the Penal Code;
2.
An
offense involving the use of force and violence upon the person of
another that amounts to a felony;
3.
An
offense involving sexual misconduct with children;
4.
An
offense as defined under Section 311, 647, subdivision (a), 647a,
315, 316, or 318 of the Penal Code of the State of California;
5.
The
chief of law enforcement shall disregard any conviction mentioned
in paragraphs 1, 2, 3 or 4 of this subsection if he or she finds that
the applicant has fully completed any sentence imposed because of
such conviction and has fully complied with any conditions imposed
because of such conviction, which conviction has occurred at least
three years prior to the date of application, and that the applicant
has not subsequently been convicted of any of the crimes herein mentioned
nor has suffered any subsequent felony convictions involving the use
of force of violence on the person of another.
C.
That
the applicant intentionally misrepresented or failed to disclose information
material to a determination of the existence of the other grounds
described in this section.
(Ord. 748 § 1, 1988)
A.
The
operator of a bathhouse shall maintain a register of all persons employed
as an employee of a bathhouse, which register shall be available for
inspection at all times during regular business hours. The register
shall contain the following information for each employee:
1.
Name
and residence address;
2.
Social
Security number and driver's license number, if any;
3.
Employee's
height, weight, color of eyes and hair;
4.
Written
evidence that the employee is over the age of 18 years; and
5.
Business,
occupation or employment of the employee for the three years immediately
preceding the date of beginning employment with the bathhouse.
B.
The
chief of law enforcement shall have the right to take fingerprints
and photographs of an employee and the right to confirm the information
contained in the register.
(Ord. 748 § 1, 1988)
It is unlawful for the owner, proprietor, manager or any other
person in charge of any bathhouse to employ any person under the age
of 18 years.
(Ord. 748 § 1, 1988)
Upon sale, transfer or relocation of a bathhouse, the permit
therefor shall be null and void.
(Ord. 748 § 1, 1988)
No person granted a permit pursuant to this chapter shall operate
under any name or conduct his or her business under any designation
or in any location not specified in his or her permit.
(Ord. 748 § 1, 1988)
Every person who engages in or conducts a public bathhouse as
herein defined shall keep a daily register, approved in form by the
chief of law enforcement, of the number of patrons admitted, their
hour of arrival and their hour of departure. Said daily register shall
at all times during business hours be subject to inspection by the
chief of law enforcement and San Diego County Department of Health
Services and shall be kept on file for one year.
(Ord. 748 § 1, 1988)
No service enumerated in the definition for bathhouse in Section 8.92.010 of this chapter may be carried on within any cubicle, room or booth, or any area within a bathhouse by whatever designation whatsoever, which is fixed with a door capable of being locked.
(Ord. 748 § 1, 1988)
No private room, as hereinafter defined, shall be maintained
within any bathhouse. "Private room" means any enclosed space large
enough for more than one person to enter with a door capable of being
locked from the inside, unless one or more of the following applies:
A.
There
is an opening no less than five feet nor more than six feet above
the floor through which the full interior of the enclosure is viewable
from the exterior;
B.
The
enclosure is not made available for use by patrons of the establishment;
or
C.
No more
than one person at a time is allowed to enter the enclosure, the occupancy
restriction is conspicuously posted on the entrance to the enclosure,
and there are no openings between any adjoining enclosures through
which physical contact between persons in adjoining enclosures is
possible.
(Ord. 748 § 1, 1988)
A.
No person shall operate a bathhouse unless employee monitors are provided for the exclusive and sole purpose of observation of activity on the bathhouse premises. Two monitors shall be provided for any floor or portion of a floor open to patrons; provided, however, that the bathhouse operator may, in the alternative, provide one monitor for each 20 patrons based on the average hourly patronage for the bathhouse during the preceding calendar month, calculated for the hours that the bathhouse is open, provided that at least one monitor shall be on duty at all times that the bathhouse is open. The average number of patrons during each hour shall be calculated from the daily register required by the provisions of Section 8.92.130. Such monitors shall survey the entire portion of the bathhouse open to patrons every 15 minutes.
B.
The
bathhouse operator shall immediately expel from the premises any and
all persons observed causing the maximum occupancy requirements of
this chapter to be violated, any and all persons committing any crime
on the premises, or any and all persons engaged in high risk sexual
activity on the premises.
(Ord. 748 § 1, 1988)
Every person to whom or for whom a permit shall have been granted
pursuant to the provisions of this chapter shall display said permit
in a conspicuous place in a bathhouse so that the permit may be readily
seen by persons entering the premises.
(Ord. 748 § 1, 1988)
The chief of law enforcement and the San Diego County Department
of Health Services shall from time to time, and at least once a month,
make an inspection of each bathhouse for the purpose of determining
that the provisions of this chapter are complied with.
(Ord. 748 § 1, 1988)
No bathhouse permit shall be transferred from person to person
or from one location to another.
(Ord. 748 § 1, 1988)
It is unlawful for any person to give or administer any bath
or baths as defined herein, or to give or administer any of the other
things mentioned in this chapter, which any of the other things mentioned
in this chapter, which violate the provisions of this chapter or the
regulations adopted pursuant to this chapter or which violate any
state or local laws or ordinances. Any violation of this provision
shall be deemed grounds for revocation of the permit granted hereunder.
(Ord. 748 § 1, 1988)
Every bathhouse shall be maintained and operated in a clean
and sanitary manner. All bathhouses shall comply with all applicable
building, health, zoning and fire laws of the City of Imperial Beach.
In addition, the chief of law enforcement and the Director of the
San Diego Department of Health Services may, after a noticed public
hearing, adopt and enforce reasonable rules and regulations not in
conflict with, but to carry out, the intent of this chapter. All bathhouse
operators holding a valid permit shall be given written notice of
the public hearing, including a copy of the proposed regulations,
at least 10 days prior to the date of the hearing. In addition, notice
of the public hearing and a summary of the proposed regulations shall
be published in an appropriate newspaper of general circulation one
time at least 10 days prior to the public hearing. The files and regulations
shall include reasonable requirements to protect the health and safety
of bathhouse patrons, including reasonably necessary requirements
for educational programs and other measures for the prevention and
control of the spread of Acquired Immune Deficiency Syndrome (AIDS)
and other infectious or communicable diseases.
(Ord. 748 § 1, 1988)
Every person who violates any provision of this chapter is guilty
of a misdemeanor.
(Ord. 748 § 1, 1988)
Any permit issued pursuant to this chapter may be suspended or revoked by the chief of law enforcement on proof of violation by the permittee of any provisions of state law, this chapter, the City Code, or any rule or regulation adopted and approved pursuant to Section 8.92.210, or in any case where the chief of law enforcement on the advice of the Director of the County Health Department determines that bathhouse is being managed, conducted or maintained without regard for the public health, or the health of patrons or customers, or without due regard to proper sanitation or hygiene. Where a permit is denied or a permit renewal is denied, or where a permit is suspended or revoked by the chief of law enforcement, such denial, suspension or revocation may be appealed by the permit applicant or permittee.
(Ord. 748 § 1, 1988)
The requirements of this chapter shall be cumulative with all
other permit, license, use and tax requirements of this code.
(Ord. 748 § 1, 1988)
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this chapter, or any part thereof, is for any
reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this chapter
or any part thereof. The City Council declares that it would have
passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared unconstitutional or invalid or ineffective.
(Ord. 748 § 1, 1988)
