No person shall engage in, conduct, manage or carry on the business
of giving steam baths, electric light baths, tub baths, shower baths,
sponge baths, sunbaths or giving salt glows; or conduct, manager or
carry on any place where such baths are given or any public bathing
room which has in connection therewith a steam room, dry-heat room,
plunge, shower bath or sleeping accommodations without a written permit
from the chief of police.
(Ord. 892 § 1, 1976)
The provisions of this chapter shall not apply to any treatment
administered in good faith in the course of the practice of any healing
art or profession by any person licensed or permitted to practice
any such art or profession under the provisions of the Business and
Professions Code of California or of any other law of this state.
(Ord. 892 § 1, 1976)
Each person, before obtaining a permit to carry on the business of or work at baths as listed in Section 5.62.010, shall make a written application to and upon blanks furnished by the chief of police, which shall be signed by such applicant. In addition to any other information which may reasonably be required by the chief of police, the application shall show the true name of the applicant, his fictitious name or names, if any, his age, his present address in the city, or elsewhere, his proposed business address in the city, the name under which the applicant conducted any similar business, if any, and the place of his residence at such time, together with the application. The applicant shall furnish a recent photograph of himself and his fingerprints to the chief of police.
(Ord. 892 § 1, 1976)
The police department shall cause an inspection of the premises
sought to be licensed to be made within twenty days to ascertain if
the premises are in compliance with the requirements of this chapter
and other applicable laws. If the premises is not in compliance, the
department shall issue a letter to the applicant setting forth the
deficiencies, and shall cause the reinspection of the premises to
be made no more than twice upon written request in a timely fashion
by the applicant. If a letter of full compliance is not issued by
the department within ninety days of the date of filing of the application,
the application shall be deemed withdrawn, and no further action shall
be taken with respect to a permit relating to such premises unless
a new application is filed.
(Ord. 892 § 1, 1976)
The police department shall from time to time and at least once
a year, cause an inspection to be made of each bathhouse in the city
for the purpose of determining that there is compliance with the laws
of the state of California and ordinances of the city and county of
Orange.
(Ord. 892 § 1, 1976)
The examination may be conducted by the police department or
at its designation by the county health department or other designee.
Qualified persons shall prepare, give and judge the examination.
(Ord. 892 § 1, 1976)
Minimum ventilation shall be provided in accordance with the
building code of the city of Laguna Beach. A light level of no less
than ten footcandles shall be maintained in public rooms, walkways,
and at any point within each room or enclosure where massage services
are performed at all times such services are being provided.
(Ord. 892 § 1, 1976)
All walls, ceilings, floors, pools, showers, bathtubs, wet and
dry heat rooms, steam or vapor rooms, tables and all other physical
facilities shall be in good repair and maintained in a clean and sanitary
condition. Wet and dry heat rooms, steam or vapor rooms or cabinets,
showers, compartments and toilet rooms shall be thoroughly cleaned
at least once each day the business is in operation. Bathtubs shall
be thoroughly cleaned after each use.
(Ord. 892 § 1, 1976)
Clean and sanitary towels, sheets and linens shall be provided
for each patron of the establishment or each patron receiving bathhouse
services. No common use of towels or 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 they have been first relaundered.
Heavy white paper may be substituted for sheets; provided, that such
paper is used one for each person, then discarded into a sanitary
receptacle. Separate closed cabinets or containers shall be provided
for the storage of clean and soiled linen and shall be plainly marked:
"clean line," "soiled linen."
(Ord. 892 § 1, 1976)
Disinfecting agents and sterilizing equipment sufficient to
assure the cleanliness and safe condition thereof shall be provided
for any instrument used in connection with the business.
(Ord. 892 § 1, 1976)
All exterior doors shall be unlocked from the interior side
during business hours.
(Ord. 892 § 1, 1976)
A separate locker shall be provided for each patron to be served,
which locker shall be capable of being locked and available at no
extra charge.
(Ord. 892 § 1, 1976)
No person shall be permitted to work in a "bath" business in
any capacity that would require such person to touch the body of another
without such person being previously authorized to do so by the chief
of police, consistent with provisions of Section 5.61.040.1. No person
under eighteen years of age shall be permitted to work on the premises.
(Ord. 892 § 1, 1976)
No person under eighteen years of age shall be allowed on the
premises of a "bath" business, unless accompanied by one of his parents
or guardians.
(Ord. 892 § 1, 1976)
An investigation fee as set by resolution of the city council
shall be paid upon the filing of each application for a permit. Said
fee shall be revised periodically to reflect changes in investigation
costs and expenses incidental to the processing of the application.
Fees shall be payable to the city clerk. Fees are not refundable.
(Ord. 892 § 1, 1976; Ord. 1006 § 6, 1981)
Upon recommendation of the chief of police, the city manager may temporarily suspend the permit of any person holding same in the city, upon receiving satisfactory evidence that the permittee has been arrested or indicted for any violation of the provisions of this chapter or any other law or ordinance of the city or state relating to such business. The temporary suspension shall remain in effect until such time as the criminal charges are dismissed entirely or the permittee is acquitted of the pending criminal charges or the permit is revoked, according to Section 5.62.170. Whenever the permit has been temporarily suspended under the terms of this section, no other application for permit to carry on a similar business by such person shall be considered during the period of the suspension.
(Ord. 892 § 1, 1976)
The city council may revoke or suspend the permit and license of any person holding same in the city upon receiving satisfactory evidence that the permittee or licensee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this section or any other law or ordinance of the city or state relating to such business, or upon the recommendation of the chief of police. The chief of police may recommend revocation of any permit issued or granted under Section 5.62.030 if, after investigation, the permittee is determined to be a person who is not of good moral character or who is determined not to be a proper person to conduct or work at the business, or upon receipt of evidence that the permittee is engaging in immoral, improper or otherwise objectionable conduct or behavior. Whenever a permit or license has been revoked under the terms of this section, no other application for a permit to carry on a similar business by such person shall be considered for a period of one year from the date of such revocation.
(Ord. 892 § 1, 1976)
No permit shall be revoked until a hearing thereon has been
had by the city council, notice of which hearing shall have been given
in writing and served at least ten days prior to the date of such
hearing upon the holder of such permit, his manager or agent, which
notice shall state the grounds of the complaint against the holder
of such permit, and the time and place where the hearing will be held.
The notice shall be served on the holder of such permit by delivering
the same to the holder, his manager or agent, or by leaving the notice
at the place of business or residency of such holder with some adult
person. If the holder of the permit cannot be found, and service of
such notice cannot be made upon him in the manner provided in this
chapter, a copy of the notice shall be addressed to the holder of
such permit at his place of business and deposited in the United States
mail at Laguna Beach, California, with postage thereon fully prepaid,
at least ten days prior to the date of such hearing. The time of such
notice may be shortened by the city council with the written consent
of the holder of the permit.
(Ord. 892 § 1, 1976)
Every person engaged in the business of baths as specified in
this chapter, shall be open at all times during business hours to
the inspection of the chief of police or any other officer of the
city.
(Ord. 892 § 1, 1976)
Any person aggrieved by any administrative decision made under this chapter may, upon the payment of a fee to be established by resolution or minute order, appeal the decision to the city council. The city council may also review any such decision on its own motion. The procedures for filing and hearing such appeals and reviews are set forth in Chapter 2.02, incorporated herein by reference.
(Ord. 892 § 1, 1976)
