Note: Prior ordinance history: Ords. 369, 496, 532, 648,
671 and 721.
Unless the particular provision of 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 Palm Desert, or his
or her designated representative.
means the director of community development.
means any person over eighteen years of age other than an
escort, who renders any service in connection with the operation of
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 the person to whom a permit has been issued.
means the chief of the police department of the city of Palm
Desert, or his or her designated representative.
means:
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; analingus, 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;
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.
(Ord. 870 § 2 (Exhibit
B), 1998)
A.
It is
unlawful for any person, association, partnership or corporation to
engage in, conduct, carry on, or to permit to be engaged in, conducted,
or carried on, in or upon any premises within the city, the business
of a 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 hereby shall be in
addition to any other license, permit or fee required under any of
the provisions of this code.
B.
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 in, conduction or carrying on of
a bathhouse, escort bureau or introductory service.
C.
The
application fee for a bathhouse, escort bureau or introductory service
permit shall be five hundred dollars and the application fee for an
escorts permit for each escort employed therein shall be one hundred
dollars and is nonrefundable and shall be used to defray the cost
of investigation, processing and hearing as set forth herein. The
fee set forth herein shall be in effect until the city council shall
by resolution fix some other rate based upon a cost factor.
E.
Escorts Permit Required. No person shall act as an escort, unless
he or she has a valid and subsisting escorts permit issued to him
or her by the city pursuant to the provisions of this chapter.
F.
All
permits shall expire twelve months from the date they were issued.
Applications for renewal of a permit shall be made sixty days prior
to expiration of the renewal permit. The renewal application fee for
a bathhouse, escort bureau or introductory service permit shall be
one hundred dollars and the renewal application fee for an escort
permit and permit for each escort employed therein shall be fifty
dollars. Said renewal application fees are nonrefundable and shall
be used to defray the cost of investigation and processing said renewal
applications. The fee set forth herein shall be in effect until the
city council shall by resolution fix some other rate based upon a
cost factor.
(Ord. 870 § 2 (Exhibit
B), 1998)
A.
No bathhouse,
escort bureau or introductory service shall be established in the
following locations:
1.
In
any zone other than the C-1 zones or a PR zone in connection with
and within a major hotel or country club facility;
2.
Within
one thousand feet of any R-l, R-I-M, R-2, R-3, PR, PC zone and one
thousand feet of any other than C-1 zones in the city;
3.
Within
one thousand feet of any parcel of real property in which is located
any of the following uses or facilities:
a.
Church, defined herein as any facility used primarily for worship
of any religion, or used for other religious purposes,
b.
City, county, state, federal or other governmental public buildings,
including but not limited to, city halls, libraries, police and fire
stations and post offices,
c.
Schools, defined herein as: (i) institutions for teaching minor children
(e.g., day schools, elementary schools, secondary schools, high schools),
and (ii) institutions of higher learning receiving approved graduates
of preparatory school and offering instructions in arts, letters and
science, leading 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.
Within
one thousand feet of any other bathhouse, escort bureau or introductory
service;
5.
Within
one thousand feet of any business involving an on-premises sale of
liquor or alcoholic beverages.
B.
The
measure of reference distance in this paragraph shall be a straight
line from the nearest property line containing the bathhouse, escort
bureau or introductory service to the nearest property line of an
affected use, without regard to intervening structures.
(Ord. 870 § 2 (Exhibit
B), 1998)
Any establishment not specifically permitted by the provisions
of this section shall be prohibited until such time as this section
may be amended to permit such establishment. The establishments specifically
permitted are as follows:
A.
Escort
bureau;
B.
Introductory
services; and
C.
Bathhouse;
|
All permitted establishments shall comply with all regulations
and provisions of this chapter except as otherwise provided in this
chapter. Nothing in this chapter shall be construed as permitting
any activity otherwise prohibited by state or local law.
|
(Ord. 870 § 2 (Exhibit
B), 1998)
The provisions of Title 25 of this code dealing with nonconforming uses shall not be applicable to bathhouses, escort bureaus or introductory services. Instead, the following amortization schedule shall apply to all bathhouses, escort bureaus or 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 chapter: one hundred twenty 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: ninety days.
C.
For
such an establishment legally existing within the city for a period
up to three months preceding the effective date of the ordinance codified
in this chapter: sixty days.
(Ord. 870 § 2 (Exhibit
B), 1998)
In addition to the base zone requirements governing use and minimum development standards, and the applicable requirements set forth in Section 5.86.110 the following additional requirements shall be met by bathhouses, escort bureaus or introductory services:
A.
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 bathhouse, escort bureau or introductory
service.
B.
Maximum
occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed and provided in accordance with the fire department and building
and safety division regulations and standards.
C.
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 use for the purpose of increasing
the personal safety of patrons and reducing the incident 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 such use is conducted.
F.
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 eighteen
years.
G.
Commercial
businesses 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.
The
permit required by this chapter shall be displayed in a prominent
place.
(Ord. 870 § 2 (Exhibit
B), 1998)
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. 870 § 2 (Exhibit
B), 1998)
Any person desirous of engaging in the operation of a bathhouse,
as defined in this chapter, must first secure a bathhouse permit.
Application shall be made to the city's business license division.
The director shall approve the application and issue the permit if
the applicant meets all the requirements of this chapter, and shall
deny the application if the applicant does not meet all the requirements
of this chapter. There shall be no public hearing before the city
council on an approved application. If the application is denied,
the director shall promptly give the applicant notice thereof and
the findings for such denial. The applicant aggrieved by the action
of the director may appeal by filing a written appeal, within ten
days of the notice of denial, with the city clerk. The city council
shall set a time and place for the public heating. The decision of
the city council shall be final.
A.
The
business address and all telephone numbers where the activity is to
occur;
B.
Name,
including all names, nicknames and aliases by which the applicant
has been known; and residence address, including the two previous
addresses immediately prior to the present address of the applicant;
C.
Social
security number, driver's license number, if any, and date of birth;
D.
Applicant's
weight, height, color of hair and eyes, and sex;
E.
Written
evidence that the applicant is at least eighteen years of age;
F.
A complete
statement of all convictions of the applicant for any felony or misdemeanor
or violation of a local ordinance, except misdemeanor traffic violations;
G.
Fingerprints
of the applicant taken by the police department;
H.
Two
front-face portrait photographs taken within thirty days of the date
of application and at least two inches by two inches in size;
I.
Similar
business history and experience ten years prior to the date of application,
including but not limited to whether or not such person in previously
operating in this or another city or state under license or permit
has had such license or permit denied, revoked or suspended and the
reasons therefor, and the business activities or occupations subsequent
to such action of denial, suspension or revocation;
J.
The
names, current addresses and written statements of at least five bona
fide permanent residents, other than relatives, of the United States
that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of the
city, then the county, then the state and lastly from the rest of
the United States;
K.
A medical
certificate signed by a physician, licensed to practice in the state,
within seven days of the date of the application. The certificate
shall state that the applicant was examined by the certifying physician
and that the applicant is free of communicable disease. The additional
information required by this subsection shall be provided at the applicant's
expense;
L.
Such
other information, identification and physical examination of the
person deemed necessary by the city police in order to discover the
truth of the matters herein before required to be set forth in the
application;
M.
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
qualification of the applicant for permit;
N.
Written
declaration by the applicant, under penalty of perjury, that the foregoing
information contained in the application is true and correct, said
declaration being duly dated and signed in the city.
(Ord. 870 § 2 (Exhibit
B), 1998)
A.
Any
person desirous of engaging in the practice of an escort, as defined
in this chapter, must first secure an escort permit. Once obtained,
said permit shall be carried on the escort. Application shall be made
to the city's director in the same manner as provided in this chapter
for adult entertainment permits. The director shall approve the application
and issue the permit if the applicant meets all the requirements of
this chapter, and shall deny the application if the applicant does
not meet all the requirements of this chapter. There shall be no public
hearing before the city council on an approved application. If the
application is denied, the director shall promptly give the applicant
notice thereof and the findings for such denial. The applicant aggrieved
by the action of the director may appeal by filing a written appeal
within ten days of the notice of denial, with the city clerk. The
city council shall set a time and place for the public hearing. The
decision of the city council shall be final.
(Ord. 870 § 2 (Exhibit
B), 1998)
No license to conduct a 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 bathhouse only between the hours of seven
a.m. and twelve midnight.
B.
Post
a list of services available, described in readily understandable
language, and the cost of such services in a conspicuous place on
the premises.
C.
Maintain
a record which includes the date and time of each 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 shall be
made available, upon request, for inspection by the city manager or
police chief. The information contained in such records shall be confidential.
D.
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.
1.
Steam
rooms and shower compartments shall have waterproof floors, walls
and ceilings approved by the city.
2.
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.
3.
A
source of hot water must be available within the immediate vicinity
of dry and wet heat rooms to facilitate cleaning.
E.
All
employees, shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas, the use of which garments
is restricted to the 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.
F.
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 twenty 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.
G.
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 chapter, are provided, and male and female patrons
are to be served simultaneously, separate rooms or baths shall be
provided for such patrons. Hot and cold running water under pressure
from a potable source shall be provided to all wash basins, 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 wash basin
for patrons, a minimum of one separate wash basin shall be located
within or as close as practicable to each area in which baths are
taken.
H.
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 baths are taken.
I.
Maintain
walls, ceilings, floors, 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 bathhouse is in operation. Bathtubs shall
be thoroughly cleaned after each use.
J.
Provide
clean and sanitary towels, sheets and linens for each patron. No common
usage of towels, sheets, 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."
K.
Unlock
all exterior doors from interior side during business hours.
L.
Provide
a separate locker for each patron to be served, which locker shall
be capable of being locked and available to each patron at no extra
charge.
M.
All
electrical equipment shall be installed in accordance with the requirements
of the city's Uniform Building Code.
(Ord. 870 § 2 (Exhibit
B), 1998)
B.
It is unlawful for any person owning, operating or managing a bathhouse, knowingly to cause, allow or permit in or about such bathhouse, any agent, employee or any other person under his control or supervision to permit such acts prohibited in subsection A of this section.
C.
Any
violation of these provisions shall be deemed grounds for revocation
of the permit granted hereunder.
(Ord. 870 § 2 (Exhibit
B), 1998)
No holder of a bathhouse, escort bureau or introductory service
permit shall employ any person under eighteen 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. 870 § 2 (Exhibit
B), 1998)
Any person, association, partnership or corporation desiring
to obtain a business license tax certificate and a permit for a 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:
A.
The
name, current permanent residential address and telephone number of
the applicant.
B.
The
business name, proposed business address of the 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 residence address of each of the officers, directors,
and each stockholder owning not less than ten percent of the stock
of the corporation and the address of the corporation itself, if different
than the address of the bathhouse, escort bureau or introductory service.
If the applicant is a partnership, the application shall show
the name and residence address of each of the partners including limited
partners and the address of the partnership itself, if different than
the address of the bathhouse, escort bureau or introductory service.
C.
The
name and permanent address of the owner of the property upon which
the applicant intends to locate the bathhouse, escort bureau or introductory
service. If the property owner is a corporation, the 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 ten percent of the
stock of the corporation. If the property owner is a partnership,
the application shall show the name and residence address of each
of its partners, including limited partners.
D.
In the
event the applicant is not the owner of record of the real property
upon which the 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 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 bathhouse, escort bureau or introductory service will
be located.
E.
The
date, hours and location where the bathhouse, escort bureau or introductory
service is proposed to be conducted, and the admission fee, if any,
to be charged.
F.
The
name(s) or person(s) having the management or supervision of the applicant's
business.
G.
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 ten percent of the stock of the corporation. If the applicant
is a partnership, this requirement applies to each of the partners,
including limited partners.
H.
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 ten percent of the stock of the
corporation. If the applicant is a partnership, this requirement applies
to each of the partners, including limited partners.
I.
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 ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the
partners, including limited partners.
J.
Acceptable
written proof that the applicant is at least eighteen 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
ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including
limited partners.
K.
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 each of the officers, directors, and/or stockholders owning
not less than ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the
partners, including limited partners.
L.
The
business, occupation or employment history of the applicant for the
last five-year period immediately preceding the date of 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 ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the
partners, including limited partners.
M.
Each
residence 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
ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including
limited partners.
N.
One
front-face portrait photograph of the applicant at least two inches
by two inches and a complete set of the applicant's fingerprints which
shall be taken by the city police. If the applicant is a corporation,
one frontface portrait photograph at least two inches by two inches
of all officers, directors, and stockholders owning not less than
ten percent 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. If the applicant is a partnership,
one frontface portrait photograph at least two inches by two inches
in size of each partner, including limited partners in said partnership,
and complete set of each partner or limited partner's fingerprints
which shall be taken by the city police.
O.
The
name and address of each massagist or escort who is or will be employed
in said establishment.
P.
The name and address of any other bathhouse, escort bureau or introductory service owned or operated by any person whose name is required to be given in subsection B of this section.
Q.
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 ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement
applies to each of the partners, including limited partners.
R.
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.
S.
Such
other identification and information necessary to discover the truth
of the matters hereinbefore specified as required to be set forth
in the application.
T.
The
names, current addresses and written statements 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 statement
must first be furnished from residents of the city, then the county,
then the state 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/or stockholders owning not less than
ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including
limited partners.
U.
Applicant must furnish for any person whose name is required to be given in subsection F the information required by subsections A, I, J, K, L, M, N, P, R, S, and T of this section.
The holder of the permit for a bathhouse, escort bureau or introductory
service shall notify the city's department of code enforcement and
business licenses of each change in any of the data required to be
furnished by this section within ten days after such change occurs.
(Ord. 870 § 2 (Exhibit
B), 1998)
Upon application for a renewal permit, the applicant shall provide all the information set forth in Section 5.86.140.
(Ord. 870 § 2 (Exhibit
B), 1998)
A.
After
an application permit has been filed with the city manager or his
designated representative, he/she shall cause an investigation to
be made by the city's department of code compliance director and business
licenses. The director and business licenses shall refer copies of
the application to the following departments and agencies within five
days of receipt of the application: department of building and safety,
department of community services and planning, police department,
Riverside County health department, Riverside County fire marshal.
These departments and agencies shall within thirty days inspect the
premises proposed to be operated as a bathhouse, escort bureau or
introductory services and shall make written verification to the director
concerning compliance with the Palm Desert Municipal Code and the
codes of Riverside County and state of California that they administer.
If such premises are not in compliance, the director shall notify
the applicant, in writing, of the deficiencies, and shall cause the
reinspection of such premises to be made upon written request for
reinspection by the applicant; provided, however, that such request
for reinspection is made within thirty days after notice of noncompliance
has been given by the director. The applicant shall further be referred
to the city's police department for investigation of the applicant's
character and qualifications. There shall be no public hearing before
the city council on an approved application. If there are concerns
regarding an application by the director, the application shall be
set for a public hearing before the city council and the applicant
notified of the date of such hearing.
B.
If the
application is denied, the director shall promptly give the applicant
notice thereof and the findings for such denial. The applicant aggrieved
by the action of the director may appeal by filing a written appeal,
within ten days of the notice of denial, with the city clerk. The
city council shall set a time and place for the public hearing. The
decision of the city council shall be final.
(Ord. 870 § 2 (Exhibit
B), 1998)
After the city manager has set the application for hearing,
he shall cause notice of the hearing to be given within thirty days
to all property owners within three hundred 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 published in a newspaper of general circulation
ten 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. This procedure shall not apply to applications for individual
massagist bather or escort permits.
(Ord. 870 § 2 (Exhibit
B), 1998)
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, 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
bathhouse, escort bureau or introductory service. This procedure shall
not apply to applications for individual or escort permits.
(Ord. 870 § 2 (Exhibit
B), 1998)
At the conclusion of the hearing before the city council, the
city council shall grant an application for a bathhouse, escort bureau
or introductory service permit if the following findings are made:
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 bathhouse, 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 ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement
applies to each of the partners, including limited partners;
D.
The
applicant or any other person who will be directly engaged in the
management and operation of the 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 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 which shows to the satisfaction of the chief
of police that the applicant has been rehabilitated,
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 bathhouse, escort bureau or introductory service,
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 ten percent 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 eighteen years. If the applicant
is a corporation, this requirement applies to each of the officers,
directors and/or stockholders owning not less than ten percent 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 D1 or D2 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. 870 § 2 (Exhibit
B), 1998)
After notice and heating pursuant to the procedures provided
in this chapter 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:
1.
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, or
2.
The
permittee has ceased to meet any of the requirements for issuance
of a permit, or
3.
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
4.
The
premises for which the permit was issued is being operated in an illegal
or disorderly manner, or
5.
Noise
from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood, or
6.
The
applicant has done any act involving dishonest, fraud or deceit with
the intent to substantially benefit himself, herself or another, or
substantially injure another, or
7.
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 which shows to the satisfaction of
the chief of police that the applicant has been rehabilitated.
(Ord. 870 § 2 (Exhibit
B), 1998)
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 ninety days
from the date that said application was deemed complete by the director,
including completion of the background investigation.
(Ord. 870 § 2 (Exhibit
B), 1998)
The city shall from time to time make inspection of each bathhouse,
escort bureau or introductory service for the purposes of determining
that the provisions of this chapter are fully complied with. It is
unlawful for any permittee to fail to allow such inspection officer
access to the premises or hinder such officer in any manner.
(Ord. 870 § 2 (Exhibit
B), 1998)
Any person violating any of the provisions or failing to comply
with any of the requirements of this chapter shall be guilty of a
misdemeanor and upon conviction thereof, shall be punishable by a
fine not to exceed five hundred dollars, 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 continue shall constitute a separate offense.
(Ord. 870 § 2 (Exhibit
B), 1998)
The provisions of Section 5.86.200 are to be construed as added remedies and not in conflict or derogation of any other actions or proceeding or remedies otherwise provided by law.
(Ord. 870 § 2 (Exhibit
B), 1998)
Any bathhouse, escort bureau or introductory service operated, conducted or maintained contrary to the provisions of this chapter is 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 bathhouse, escort bureau or introductory service contrary to the provision of this chapter.
(Ord. 870 § 2 (Exhibit
B), 1998)
Upon sale, transfer or relocation of a bathhouse, escort bureau or introductory service the permit therefor shall be null and void unless approved as provided in Section 5.86.190; provided, however, that upon the death or incapacity 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 bathhouse, escort bureau or introductory service for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit.
(Ord. 870 § 2 (Exhibit
B), 1998)
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 5.86.030. The written application for such transfer shall contain the same information as requested in this chapter for initial application for the permit.
(Ord. 870 § 2 (Exhibit
B), 1998)
