Whenever in this chapter the following words or phrases are
used, they shall mean:
means any establishment 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" shall 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. "Bathhouse"
shall 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 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.
(Ord. 149 § 1, 1988)
It is unlawful for any person to operate, maintain or keep within
the boundaries of the city any bathhouse without an annual permit
therefor issued by the city. 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. 149 § 1, 1988)
Any person desiring a permit or renewal thereof required by
this chapter shall make application to the city.
(Ord. 149 § 1, 1988)
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:
A.
The
two previous addresses immediately prior to the present address of
the applicant;
B.
Written
proof that the applicant is over the age of eighteen years;
C.
Applicant's
height, weight, color of eyes and hair;
D.
Two
portrait photographs at least 2□ x 2□
E.
Business,
occupation, or employment of the applicant for the three years immediately
preceding the date of the application;
F.
The
bathhouse or similar business license history of the applicant; whether
such person, in previously operating in this or another county or
state under license, has had such license revoked or suspended, the
reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation;
G.
All
criminal convictions except minor traffic violations;
H.
Such
other identification and information necessary to discover the truth
of the matters hereinbefore specified as required to be set forth
in the application;
I.
Nothing
contained in this chapter shall be construed to deny to the sheriff
the right to take fingerprints and additional photographs of the applicant,
nor shall anything contained in this chapter be construed to deny
the right of the sheriff to confirm the height and weight of the applicant;
J.
If the
applicant is a corporation, the name of the corporation shall be set
forth exactly as shown in its articles of incorporation; the names
and residence addresses of each of the officers, directors and each
stockholder owning more than ten percent of the stock of the corporation.
If the applicant is a partnership, the application shall set forth
the name and residence address of each of the partners, including
limited partners.
(Ord. 149 § 1, 1988)
The annual nonrefundable application fee for the permit required
by this chapter shall be one hundred dollars. Delinquent fees shall
be collected in accordance with the provisions of this code.
(Ord. 149 § 1, 1988)
No permit to conduct a bathhouse shall be issued unless an inspection
by the sheriff and the director of health services 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 will be carried
up all walls to a height of at least six inches. Floor shall be covered
up on base with at least 3/4 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 twenty 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 sixty 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 wash basins provided with both hot and cold running water shall
be installed in either the toilet room or the vestibule. Lavatories
or wash basins 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 1/8 of the total floor area, or shall be
provided with approved artificial light and a mechanical 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 fifteen footcandles
of light measured thirty inches above the floor. When windows or skylights
are used for 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 seventy-five percent
of the floor-to-ceiling height of the area in which they are located.
(Ord. 149 § 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 bath-house. 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 be 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.
Provide
educational programs for patrons in accordance with standards promulgated
by the department of health services in consultation with the San
Diego Regional Task Force on AIDS.
(Ord. 149 § 1, 1988)
The city 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 city 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 will 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 Sections 311, 647, subdivision (a), 647a,
315, 316, or 318 of the Penal Code of the state of California,
5.
The
city shall disregard any conviction mentioned in subsections (a),
(b), (c) or (d) of this section if it 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 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.
(Ord. 149 § 1, 1988)
The operator of a bathhouse must maintain a register of all
persons employed as an employee of a bath-house, which register shall
be available for inspection at all times during regular business hours.
The register shall contain the following information for each employee:
A.
Name
and residence address;
B.
Social
security number and driver's license number, if any;
C.
Employee's
height, weight, color of eyes and hair;
D.
Written
evidence that the employee is over the age of eighteen years;
E.
Business,
occupation or employment of the employee for the three years immediately
preceding the date of beginning employment with the bathhouse;
F.
The
city shall have the right to take fingerprints and photographs of
an employee and the right to confirm the information contained in
the register.
(Ord. 149 § 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 eighteen years.
(Ord. 149 § 1, 1988)
Upon sale, transfer or relocation of a bathhouse, the permit
therefor shall be null and void.
(Ord. 149 § 1, 1988)
No person granted a permit pursuant to this chapter shall operate
under the name or conduct his business under any designation or in
any location not specified in his permit.
(Ord. 149 § 1, 1988)
Every person who engages in or conducts a public bathhouse as
defined in this chapter shall keep a daily register, approved in form
by the sheriff, of the number of patrons admitted, their hour of arrival
and their hour of departure. The daily register shall at all times
during business hours be subject to inspection by the department of
health services and by the sheriff and shall be kept on file for one
year.
(Ord. 149 § 1, 1988)
No service enumerated in Section 8.40.010(A) of this chapter
may be carried on within any cubicle, room, or booth, or in any area
within a bathhouse by whatever designation whatsoever which is fixed
with a door capable of being locked.
(Ord. 149 § 1, 1988)
No private room, as hereinafter defined, shall be maintained
within any bathhouse. "Private room" shall mean 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 for more than six feet above
the floor through which the full exterior of the enclosure is viewable
from the exterior; or
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. 149 § 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 twenty 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 8.40.130. Such monitors shall survey the entire portion of the bathhouse open to patrons every fifteen 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. For the purposes of this chapter, "high
risk sexual activity" means:
1.
The
placing of the male penis on or into the anus, vagina or mouth of
another person;
2.
The
placing of the mouth of one person on the anus, vagina or penis of
another person;
3.
The
contact of feces or urine of one person with any part of the body
of another person; or
4.
The
entry of any part of the body of one person into the anus or vagina
of another person.
(Ord. 149 § 1, 1988)
Every person to whom or for whom a permit shall have been granted
pursuant to the provisions of this chapter shall display the permit
in a conspicuous place in a bathhouse so that the same may be readily
seen by persons entering the premises.
(Ord. 149 § 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 county. In addition,
the sheriff and the director of the 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 ten 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 ten days prior to the public
hearing. The rules and regulations shall include 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. 149 § 1, 1988)
The sheriff and the 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. 149 § 1, 1988)
No bathhouse permit shall be transferred from person to person
or from one location to another.
(Ord. 149 § 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 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. 149 § 1, 1988)
Every person who violates any provision of this chapter is guilty
of a misdemeanor.
(Ord. 149 § 1, 1988)
Any permit issued pursuant to this chapter may be suspended or revoked by the sheriff on proof of violation by the permittee of any provisions of state law, this chapter, county ordinances or any rule or regulation adopted and approved pursuant to Section 66.621, or in any case where the sheriff on advice from the director of health services determines the 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 sheriff, such denial, suspension, or revocation may be appealed by the permit applicant or permittee in accordance with the provisions of the Uniform Licensing Procedure set forth in Chapter 5.08 of this code.
(Ord. 149 § 1, 1988)
