For the purposes of this chapter, the following terms shall
have the following meanings:
shall mean:
Any business which offers or provides to the public on a membership
basis, services, facilities, instruction, training or assistance in
body building, exercising, weight reduction, figure development, aerobics
or any other similar physical activity.
Any business which has therein steamrooms, saunas, shower stalls,
swimming pools, soaking facilities such as spas, tubs or any other
device in which a person can soak, such as a steambath.
shall mean the discontinuation or relocation of health club
services in the manner, and at the location, specified in the health
club contract. This shall not include temporary closures for a period
of two weeks or less in order to make repairs or alterations to existing
facilities.
shall mean a contract in the form and manner prescribed by
California Civil Code Section 1812.80 et seq., between a health club
and consumer for health club services.
shall mean an amount equal to the pro-rated value of the
remaining time on a health club contract at the time of a health club
closure. Initiation and processing fees, if any, shall be included
if such fees were paid within two years of the date of the health
club closure.
(Prior code § 6354(a); Ord. 90-269 § 1, 1990)
The provisions of this chapter do not apply to:
1.
Health
clubs located within a private residence, condominium, townhouse or
apartment complex;
2.
A place
where primary treatment in the practice of any healing art or profession
is administered, pursuant to the provisions of the Business and Professions
Code or any other statute of the state of California; or
3.
A place
of employment where bathing facilities for the use of employees are
required by law; or
4.
Any
business licensed under this title as a massage parlor.
(Prior code § 6354(b); Ord. 90-269 § 1, 1990)
1.
Term of Health Club Contract. No health club operating in
the City of West Hollywood shall contract to provide health club services
for a period of time beyond which the health club has an ownership
or leasehold interest to operate such health club.
2.
Effect of Closure.
(a)
Any health club closure, due to repairs or alterations, resulting
in the closure of said health club for a period of two weeks or longer,
shall result in an extension of the consumer's health club contract
for the period of the health club closure, which extension shall be
added to the remaining time period of the initial contract. The health
club shall keep a record of all closures lasting for any period exceeding
two weeks.
(b)
Any health club closure, due to repairs or alterations, resulting
in the closure of said health club for a period of three months or
longer, shall comply with the following:
(1)
The consumer shall be granted an extension of the consumer's contract
for the period of health club closure, which extension shall be added
to the remaining time period of the initial contract; or
(2)
The consumer shall be granted a refund of the amount remaining of
the health club contract, prorated from the first day of the health
club closure.
Such option shall be at the consumer's discretion.
(c)
A health club closure due to the relocation of the health club shall
have the following result:
(1)
If the club is relocated within a reasonable distance (a five-mile
radius) of its current location, then the consumer shall be granted
an extension of the health club contract for the period during which
the club is closed for relocation:
(2)
If the club is relocated to a location greater than a five-mile radius
from the location specified in the consumer's contract, the consumer
shall be given, at his or her discretion, a refund of the amount remaining
on the health club contract, pro-rated from the first day of the health
club closure, or an extension of the contract on the terms specified
in subdivision (1), above, of this subsection.
3.
Disclosure Statement. All health club contracts entered
into in the City of West Hollywood shall be accompanied by a disclosure
statement which shall read, in bold face:
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NOTICE TO CONSUMERS
In the event of a health club closure, you may have additional
protections afforded by local law beyond those provided to you under
State law. For more information, contact the City of West Hollywood,
Risk Manager, 8611 Santa Monica Blvd., West Hollywood, California,
90069-4109.
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4.
Compliance Period. All health clubs shall comply with the
requirements of this chapter on or before August 16, 1990.
5.
Sign at Main Entrance. A recognizable and readable sign shall be posted at the main entrance of every health club within the city identifying the establishment. Such sign shall comply with all requirements of Chapter 19.76 of this code.
6.
Maintenance of Facilities. All persons licensed to operate
a health club pursuant to this chapter shall ensure that:
(a)
Hot and cold running water be provided at all times;
(b)
Separate closed cabinets be provided for the storage of clean and
soiled towels and these cabinets be plainly marked "Clean Towels"
and "Soiled Towels";
(c)
All equipment be maintained in a good state of repair and all walls,
ceilings, floors, pools, showers, bathtubs, steamrooms and all other
physical facilities of the establishment be in good repair and maintained
in a clean and sanitary condition;
(d)
Clean and sanitary disposable towels be provided for each patron
of the establishment. No common use of towels or linens shall be permitted;
(e)
The facility be adequately ventilated and air-conditioned.
(Prior code § 6354(c); Ord. 90-269 § 1, 1990)
1.
Bond Required. No license shall be issued or renewed pursuant
to this chapter unless the applicant first provides the city's Risk
Manager evidence of a surety bond meeting all of the following requirements:
(a)
The bond is in the amount of $75,000;
(b)
The bond shall be enforceable upon the failure of the applicant to
provide to the city's Risk Manager proof of refunds within thirty
days of the date of the health club closure;
(c)
The bond provides for payment of administrative costs to the city
in an amount equal to ten percent of the total moneys refunded to
health club consumers.
2.
Bond Exemption. A bond shall not be required for the issuance
or renewal of a health club license if the Director, after consultation
with the City Attorney, determines the applicant is eligible for an
exemption based upon any one of the following criteria:
(a)
The applicant is a non-profit organization eligible for a tax exemption
pursuant to the California Revenue and Taxation Code; or
(b)
The applicant charges consumers on a monthly fee basis (excluding
installment plans) and does not charge as an initiation fee an amount
greater than the amount of the monthly fee; or
(c)
The applicant has provided health club services continuously during
the three year period immediately prior to the date of the license
application, has unsecured and unencumbered assets in excess of one
million dollars ($1,000,000.00), and warrants to the city in a form
approved by the City Attorney that any subsequent sale or transfer
of the health club shall be conditioned upon the applicant either
providing refunds to consumers or requiring the successor to honor
in full the terms and conditions of the applicant's existing health
club contracts. An applicant qualifying for an exemption pursuant
to this subsection shall annually file, concurrent with its business
license renewal a statement certifying that the applicant continues
to maintain unsecured and unencumbered assets in excess of one million
dollars ($1,000,000.00); or
(d)
The applicant, subject to the approval of the Director, and the city's
Risk Manager, assigns to the city a certified check, cashier's check
or cash deposit in the amount of $75,000, exclusively for the payment
of refunds, which names the City of West Hollywood as the master of
such funds.
(Prior code § 6354(d); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
1.
Disbursement of Refunds. In the event that the health club
operator does not provide refunds within thirty days from the date
of the health club's closure, the city shall, upon receipt of funds
from the bond or other secured interest, provide refunds to the extent
such refunds are made possible given the amount of the proceeds from
the bond or other security and the amount of refunds claimed by consumers.
The city shall provide such refunds on a pro-rated basis based on
the length of time remaining on the consumer's contract with the health
club. The administration of consumer refunds shall be the responsibility
of the city Risk Manager who shall:
(a)
Cause the Director of Finance to establish a Health Club Refund Account
for the deposit of all proceeds from the bond or secured interest
into such account;
(b)
Receive and review claims for consumer refunds;
(c)
Determine the validity of and appropriate amount for each consumer
refund;
(d)
Deduct from the bond or secured interest as administrative costs
an amount equal to ten percent of the amount of refunds provided to
consumers.
2.
Deadline for Refund Claims. Unless good cause is shown,
no claim for a refund shall be accepted by the city Risk Manager after
six months from the date of the health club closure. The city's Risk
Manager shall not pay on any claims filed with the city until such
six month period ends. Nothing in this chapter shall affect the rights
of consumers to alternatively pursue civil remedies which may otherwise
be available under state or federal law.
(Prior code § 6354(e); Ord. 90-269 § 1, 1990)
