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O1175 . . CA:sss:SC:bl Councll Meetlng 07-22-80 Santa Monica, California ORDINANCE NO. 1175 (Clty Councll Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA REPEALING CHAPTER 12 OF ARTICLE VI OF THE SANTA rlONICA HUNICIPAL CODE ("l1ASSAGE OPERATORS"), AS AHENDED BY EHERGENCY ORDINANCE NO. 1161 AND ORDINANCE NO. 1165, AND ENACTING A NEW CHAPTER XII TO REGULATE THE LICENSING OF MASSAGE PARLOR OPERATORS AND r-1ASSEURS WHEREAS, the City issued renewal l~censes for businesses, includlng the operation of massage parlors, on July 1, 1980; and vn{EREAS, it was imperative, pr10r to that date, to enact an ordinance establlshinq the requirements governing the grantlng of massage parlor operators' and masseurs' perm~ts: and WHEREAS, ln order effectively to implement and enforce the new requlrements, lt is necessary to reVlse the application fees and procedures and to provlde for the imposltion of additional conditlons on the operation of massage parlors and the practice of massage; and WHEREAS, effect1ve implementation and enforcement of these requirements is necessary adequately to regulate the business and practice of massage and to protect the health and welfare of the cit~zens of Santa Monica; and WHEREAS, for the sake of clarity, lt is preferable to reenact Chapter 12 ~n 1tS ent~rety as a slngle un1fied ordinance, . . THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS FOLLOWS: SECTION 1. Chapter 12 of Article VI of the Santa Monlca Municipal Code, as amended by EMergency Ordinance 1161 and Ordinance 1165, is hereby repealed. SECTION 2. Chapter 12 of Article VI of the Santa Monica Municipal Code ~s hereby enacted to read as follows: Section 62000. DEFINITIONS. For the purpose of th~s Chapter, the words and phrases here2nafter set forth, shall be defined as follows: A. "Ch1ef" shall mean the Chief of Police of the Clty of Santa Hon1.ca. B~ "City Manager" shall mean the duly appointed, acting and qualifled manager of the City of Santa Bonica. C. "Council" shall mean the City Council of the Clty of Santa Honlca. D. "Hassage" shall mean any method of treating the superficial soft parts of the human body, for remedial, hygien1.c or other purposes, consisting of rubbing, strok1.ng, kneading, or any s1.~ilar treatment, accomplished by hand or by the use of any instrument~ E. "Parlor" means any establishment havlng a fixed place of business where any indivldual, firm, aSSoclat1on, partnership, corporation, or combination of indivlduals, engages in, conducts, carries on, or permits to be -2- . . engaged in, conducted or carried on, massages, or health treatments lnvolving massage as the princlpal functlon. F. "l.1asseur" is any person \vho, for compensation, engages ~n the practlce of massage as here~n def~ned~ the term "masseur" shall also include the term "masseuse." G. "Notice" shall Mean any notice glven by Unlted States mail, postage pre-pald, properly addressed; such notice shall be presumed g~ven when the same ~s deposited w1th the postal service. H. "Operator's Permit" shall mean a permlt requlred pursuant to the provisions of thlS Chapter to operate a massage parlor. Sect~on 62001. OPERATOR'S PEill1IT REQUIRED. No person shall operate a parlor wlthin the City without first obtalning an operator's permit pursuant to the prov~sions of this Chapter and securing the necessary Business License as requ~red by Sections 6120, et seq., of the Santa Monica Munlclpal Code. Section 62002. APPLICATION FOR OPERATOR'S PEffi1IT. Any person desiring an operator's permit shall fl1e a written appll- cat10n w~th the Chief on a form to be furnished by him. The applicant shall accompany the appllcation with a tender of a one hundred dollar ($100) fillng and processlng fee. The application shall conta~n or be accompan~ed by the following informat1on: A. The type of ownership of the business, i.e., whether -3- . . lnd~Vldual, partnership, corporation, or otherw~se. B. The precise name under wh~ch the parlor is to be conducted. C. The complete address and all telephone numbers of the parlor. D. A complete llst of the names and resldence addresses of all proposed Masseurs and employees in the parlor and the name and res~dence address of the manager or managlng employee proposed to be principally ln charge of the operation of the parlor. E. The following personal information concernlng the applicant (appllcant shall rnean, the owner and operator of the proposed parlor, if a sole proprietor- Shlp; each general partner, if a partnershlp; each off~cer and director, if a corporation; each partici- pant 1f a jOlnt venture) : (ll Name, complete residence address and res1dence telephone numbers. (2) The two previous addresses immedlately prlor to the present address of the applicant. (3) Written proof of age. (4) Height, we~ght, color of ha~r and eyes, and sex. (5) Two front face portraLt photographs at least two 1nches by two lnches In size. (6) The massage or slmilar bUSlness hlstory and experience of the appllcant, including, but not -4- . . 11mited to, whether or not such person, in previously operating a parlor ~n this or any other Clty or state under 11cense or permit, has had such license or permit denied, revoked, or suspended and the reasons therefor. (7) List of all criminal convlctions excludlng mlS- demeanor trafflc vlolations and infractions. (8) A complete set of finger prlnts taken by the Ch1ef of Police or his authorlzed representatlve. F. Such other ~nformation and ~dentlficat1on as 15 deemed necessary by the Chlef. G. Authorlzation for the City, lts agents and employees, to seek verif~cat~on of the ~nformat~on contained in the application. H. A statement in writing by the appllcant that he or she certlf1es under penalty of perjury that the foregoing lnformat1on contained in the applicat~on is true and correct, said statement being duly dated and notar~zed. Section 62003. PERMITS - ISSUANCE - DENIAL. A. Upon receipt of a written application for a permlt, the Chief shall conduct an investigation, in such manner as he deems appropriate, in order to ascertaln whether such permit should be ~ssued as requested. The Chlef shall issue such permit as requested, unless, as a result of such investigation, he finds, by a preponderance of the evidence, any of the fOllowing facts to be oresent: -5- . . (1) That any person, lncluding, but not limited to, employees who wl1l be directly engaged or employed in the massage parlor operations, has been conVlcted of a vlolatlon of Section 2661, 315/ 316, 318, or subdivislon (b) of Section 647 of the Penal Code, or has been convicted In any other state of any offense wh~ch, lf committed or attempted in thlS state, would have been punishable as one or more of the above-mentloned offenses, or that any such person is requlred to reglster under the provisions of Sectlon 290 of the Penal Code; or (2) That any such person has been convlcted of any felony offense involving the sale of a controlled substance specified in Section ll054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or has been convicted in any other state of any offense WhlCh, if committed or attempted ln this state, would have been punishable as one or more of the above-mentioned offenses; or (3) That any such person has commltted an act which, lf done by a licensee or per~ittee under thlS Chapter, would be grounds for slispenslon or revoca- tlon of a l1cense or permlti or (4) That any such person has cOmffiltted an act lnvolv1ng dlshonesty, fraud, or decelt with the intent to -6- . . substantially benefit h1ffiself or another or substantlally to lnJure another, or an act of vlo1ence, WhlCh act or acts are substantlally related to the qualiflcatlons, functlons, or duties of the massage parlor bus~ness; or (5) That the operat~on of the Massage parlor would, ~f allowed, constitute a publlc nuisance: or (6) That the applicant has know1ngly and wlth intent to dece~ve made a false, misleading, or fraudulent statement of fact to the City in the perm~t applicatlon process. B. The Ch~ef shall be authorlzed to cond~tion the issuance of any per~it for an operator's permlt to insure compl1ance with this Chapter and other appl~cable laws. Such cond~tions shall include, but need not be lim~ted to, the following: (I) That the front door of a parlor and the doors of cubicles in which massages are belng performed must remain unlocked durlng all hours of operat~on; and (2) That no massage technlc1an or employee may expose his or her genitals, buttocks, or, ~n the case of a female, her breast(s), nor, ln the course of administerlng a massage, make intentional contact \J1th the gen~tals or anus of any other person. C. When the Chlef finds from his investlgat~on that any of the facts spec1fled ~n subsection A above are present, -7- . . he shall decllne to issue the requested permlt within 30 calendar days from receipt of the permit appllca- tlon. Any decislon of the Chief with respect to the denial or conditional approval of any such permit shall be subJect to an appeal by the aggrleved appllcant, provided that the sald appeal is taken withln the tlme and in the manner set forth in Sectlons 6124, et seg., of this Code. Section 62004. t1ASSEUR'S PEill1IT REQUIRED. A. No person havlng an operator's perm~t shall employ, as a masseur in a parlor, any person who has not obtalned and has in effect a Nasseur1s permit issued pursuant to Section 62005 of this Chapter; nor shall any person perforM massage 1n a parlor or for compensatlon unless such person has in effect a masseur's permit lssued pursuant thereto. B. It shall be the responslbility of the holder of an operator's permit to insure that each person employed as a masseur shall have obtained, and continues to hold, a valld masseur's permit. c. Every holder of an operator1s permit under thlS sectlon shall immediately report to the Chief any and all changes of employees, whether by new or renewed employment, or by discharge or termlnatlon, stating the nane of the employee, and the date of change. Said report shall be made withln f~ve days of the change. -8- . . d. Restaurants are limited to two restaurants per block (a block being both sldes of Ma~n Street and the adjacent sides of adJo~ning s~de streets). Portlons of Ma~n Street to be deslgnated "blocks~ for the purpose of thlS section are: Block 1: South City llmlts to Mar~ne Street; ~lock 2: Marlne Street to Pler Street: Block 3: Pier to Ashland; Block 4: Ashland to Hl1l; Block 5: Hl1l to Ocean Park: Block 6; Ocean Park to Holllster; Block 7: Holllster to Strand: Block B: Strana to Paclflc; Block 9: Paclflc to Blcknell: Block 10: Bicknell to Bay: Block 11: Bay to Fico. Restaurants wlth more than 50 seats, restaurants wlth a substantlal take-out business, and any second-floor restaurant use will requlre a Condltional Use PerM~t. (Restaurants are deflned as establlshments serVlng a varlety of unpackaged foods prepared on slte for consumptlon.) e. Bars may not exceed seven in number south of Ocean Park Boulevard nor five ~n number north of Ocean Park Boulevard. No bars shall be located on any Ma~n Street corners. (For purposes of this section, bars are defined -7- . . as establ~shroents ,n th "publ~c premises II l1quor llcenses and restaurants wlth a llquor servlng faCl11ty that is phys1cally separate from the d~nlng area and 15 regularly operated durlng hours not correspondlng to food serVlce hours.) Condltlonal Use Permlts are requlred for all bars. 5. Prohiblted Uses. The following uses are speciflcally prohlblted 1n the "CM" Dlstrlct: a. Bars above the flrst floor. J . SECTION 4. b. Bl1lboards. Bll11ard parlors and pool halls. Bowllng alleys. Drive-in or drlve-through uses. Game arcades. Motels. Retal1 uses above the second floor. Restaurants above the second floor or on the second floor of a site where there is an eXlsting restaurant. Sex-orlented uses. Section 9l19C ~s added to the Santa Monica c. d. e. f. g. h. 1. MunlClpal Code to read as follows: SECTION 9119C. Property Develop~ent Standards. The followlng property development standards shall ap9ly to all land and structures in the "ca" Dlstrlct: -8- . , 1. BU11dln9 He~ght. There shall be three he~ght d1stricts in the "eM" District. Any property class~fled 1n the "eM" Dlstrict shall also be classlfled In a helght dlstrlct. BUllding helght llffiltS ln the speciflc d~stricts deslgnated on the Zoning Map shall be as follows: CM-2. BU11dlngs In the CM-2 Dlstrlct ~hall not exceed two stories and 27 feet 1n helght. CM-3. BU11dlngs In the CM-3 Dlstrlct shall not exceed three storles and 35 feet ln height. CH-4. BU11dlngs in the CM-4 Dlstrlct shall not exceed four storles and 47 feet in helght. For the purpose of thlS section, height limit 15 the maXlmum roof height as deflned by the Clty Zoning Ordlnance, excludlng parapets, mechanical hous~ngs and other appurtenant roof-top structures or penetratlons such as skyllghts, stalrwells, ventllation atr1a and other architectural amenltles lntended to dlstlngulsh the overall deslgn, but WhlCh do not tend to obscure the lntended helght 11rnlts. 2. Permltted Floor Area. Other sectlons of this Chapter notwlthstand1ng, the total adJusted floor area of any bUl1dlng constructed in thlS distr1ct shall not exceed three and three-tenths (3.3) tlrnes the horizontal area of the commercially zoned lot or -9- . , lots except that bUlldlngs ln excess of the 1imltat~on may be permitted by the issuance of a Conditlonal Use Permit under the procedures of Sect~on 9148 on the basis of an env~ronmental and flscal analysls satlsfactorl1y demonstratlng that no s~qnificant adverse environmental or fiscal impacts w~ll occur as a result of the increased floor area. Multi-residential units devoted strictly to apartment residentlal uses shall be computed at one-half (1/2) the actual total adJusted floor area, and areas devoted to parking structures below the flrst floor level shall be excluded. rtFirst floor level" means the floor above the basement as defined in Section 9102 of the Munlcipal Code. 3 . Yard s : a. Front Yard. A front yard shall be provided and mainta1ned. Said yard shall have a mlnimurn depth as follows: (1) Computatlon/~Lrnensiqn?/D~iveway. Requ1red front yard space maybe provided in any configuration on any floor or floors provided the first floor area is not less than 3% of the site area and not less than e~ght feet wide. Only that portion of a dr1veway forward of the foremost building line which is treated in an aesthetic manner sim~lar or identical to the remainder of the front yard shall be included in the computation of front yard area. (2) CM-2 District, east side of Ma~n Street, a front yard equal to 3% of the total site area shall be prov~ded for the first floor only. -IO- . , (3) CM-2 Distr~ct, west side of Main Street, a front yard equivalent to 3% of the total slte area multlplled by the number of floors of tre structure. (4) CM-3 D~strlct, same as CM-2, west side. (5) C~-4 Dl~trict, same as CM-2, west slde. b. Slde Yards. No s~de yard shall be required. c. Rear Yard. A rear yard shall be prov~ded and malntained. Said yard shall have a mlnlmum depth as follows: (I) CM-2 Dlstrlct, east slde of Main Street. (a) No rear yard shall be requlred for one story structures and for the f~rst floor of a two story structure, provlded that any portlon of the first floor WhlCh 15 wlthln flve feet of the rear property I1ne is not more than nine feet ln helght and lS fully enclosed ~.e., wlthout win- dows, doors, or vent~latlon openlngs per- mittlng vlsual access to adjoinlng reSl- dential property. The minimum rear yard requirement for the second story portion of a two story structure shall be 25 feet. (b) Use of Rear Yard. rear yard is not uses and parking yard to the rear level. Commerclal use of the permltted. Non-commerClal are permitted in the rear property line on the ground (c) Use of Roof ln Rear yard. No portion of the flTst floor roof within 15 feet of the rear property 11ne may be used for any purpose other than malntenance and repalr. The next 10 feet may be privately used (not open to the public) if enclosed with a solid six foot barrier and window deslgn that prevents visual intrusion of adjolning residential property. -ll- . . WHEREAS, the BU11d1nq and Safety Commission has discussed and considered certain serious gen- eral community safety problems caused by the number, size, location and present use of some 240 pre-1934 potentlal1y earthquake hazardous buildings; and WHEREAS, the Building and Safety Commiss1on adopted a Resolutlon dated December II, 1979, where- in the Building and Safety Commission recommended prompt enactment into law of the 1979 Uniform Fire, Building, Housing, Abatement and Administrative Codes Vol 1-16 as presented to secure the beneficial interests and the purposes thereof to the City of Santa Monica; and WHEREAS, in said Resolution the Building and Safety Commission recommended that the City Council make express findings that the modifications and additions to the 1979 Building Code are required because: l. Increase& in the total number, pe~ht and area of developments and bul1dimjs are ex- tending and exceeding the current resources of the fire service. The 'proposea-amend- ments will maintain the community's buil~ ding inventory reason~bly within the pre- sent fire suppression c~pability. . - 2. The cClllKliUm..ty'~' exposure to d~ilgirUfo eqrth-< quake effects and potential demands on emer- gency services from pre-l934 earthquake hazardous buildings need, to ~b8: -;:s'ignificantly reduced. . -- - - ~ WHEREAS, the Plumbing and Mechanical Board of Appeals has rev~ewed-the 1979 editions of" the Uniform Plumbing and Mechanical Codes; and -2- ..;.- . . WHEREAS, the Plumbing and Mechanical Board of Appeals has conferred wlth the cityls Chief P~umbing and Mechanical Inspectors concerning technical modi- fications and changes within these updated model code editions; and revisions for purposes of admini- strat~on and enforcement within Santa-Mbnica; and WHEREAS, sald Plumbing and Mechanical Board of Appeals recommends the prompt enactment into law of the Unifor.m Mechanical Code, 1979 Edi~ion, and the Uniform Plumbing Code, 1979 Editlon, pursuant to a resolution adopEed thereby dated August I, 1979; and. WHEREAS, the Electrical Board of Appeals has reviewed the 1978 edition of the National Electrical Code; and WHEREAS, the Electrical Board of Appeals has conferred with the city's Chief Electrical Inspector concerning rnodificat1ons and changes within this up- dated model code editloni and rev~sians for purposes of administration and enforcement within Santa MOnica; and WHEREAS, the Electrical Board of Appeals has considered certain local problems caused by the im- proper use of non-metallic sheated wiring and use of aluminum alloy conductors in Slzes smaller than No.6; and WHEREAS, the Electrical Board of Appeals adopted a Resolution dated January 31, 1980, wherein, the Electrical Board of Appeals rec~wnended propmpt enact- ment into law of the 1978 National Electrical Code as presented to secure the beneficial interests and pur- poses thereof; and WHEREAS, in said Resolution the Electrical Board of Appeals recommended that the City Council make ex- press findings that a modification of the 1978 National Electric Code is required because certain uses of alu- minum based conductors and non-metallic sheated wiring have caused or led -to potentially hazardous-~lectrlcal wlring lnstallations; and -3- --~'- -~~- --<.-Q-'; . . WHEREAS, the Bu~ldlng Off~cer of the City of Santa Monica has reviewed the 1979 Uniform Code for the Abate- ment of Dangerous Buildings, 1979 National Electrical Code, the 1979 Uniform Housing Code, and the Uniform Ad- minlstrative Code, and recommends the adoption thereof; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Chapter 1 of Article VIII of the Santa Monica Municipal Code -entitled "Technical Construction Codes" is hereby repealed in its entirety. SECTION 2. Chapter 1 of Article VIII is hereby added to the Santa Monica Municipal Code and shall read as follows: Chapter 1. ADMINISTRATIVE. AND TECHNICAL CONSTRUCTION COOES Section 8100. Codes Generally. No person shall erect, construct, erilarqe,~- .axe-er,. repair, move, remove, convert, demolish, occupy, equip, use or maintain any building or structure, or fixture attached thereto, in violation ~f any condition, proyision or regulation contained in any of the a4ministrative or technical construc- tion codes hereinafter re~erred to"in this Chap- ter and adopted herein. A. Each and everyone of the condi- tions, penalties, regulations and terms of said administrative technical construction codes are incorporated by reference hereto and made a part hereof as though fully set forth herein. B. Three (3) copies of each set of administrative and technical cQnstruction codes, as amended, deleted, or modified therein, shall be on file in the office of the City Clerk for use and examination by the public. -4- . . Section alOI. Admin1strative Code. That certain document's. 'e'ntitled "Uniform Admin- istrative Code, 1979 Edition" adopted by the International Conference of Building Officials and "Santa Monica Amendments to the 1979 Uniform Construction Codes'! are hereby adopted as amended, deleted or modified therein, as the Administra- tive Code of the Clty of Santa Monica, and shall be referred to, together with such amendments, deletions or modifications thereto, as the "Admin- istrative Code" Section 8102. Abatement of Dangerous Bu~1din9s Code. That certain document entitled "Unlform Code for the Abatement of Dangerous Buildings, 1979 Edition," adopted by the Inter- national Conference of Building Officials is here- by adopted, as amended, deleted or modified there- in, as the Abatement of Dangerous Buildings Code of the Clty of Santa Monica, and shall be referred to, together with such a~endments, deletions or modifl.cations thereto, as the "Abatement of Dangerous Buildlngs Code." Section 8103. Buildin9 Code. That certain documents entitled "Uniform Building Code, 1979 Edition,_" lncluding-Appendix I, Covered Mall Buildings, and "Uniform Building Code Standards, 1979 lSdition," adopted by the International Conference of Buildlng Officials are hereby adopted, as amended, deleted or modif1ed therein, as the BU11dlng Code of the City of Santa Monica, and shall be referred to, together with such amendments, deletions or modiflcatlons thereto, as the "Bu11ding Code. II Section 8104. Electrical Code. That certain document entitled "National Electr1cal Code, 1978 Edition," adopted by the National Fire Protection Association is hereby adopted, as amended, deleted or mod1fied therein, as the Electrical Code of the City of Santa Monica, and shall be referred to, together with such amend- ments, deletions or modif1cations thereto, as the "Electrical Code." -5- . . Section 8105. Fire Code. That certain documents ent1tled nUniform Fire Code, and all its appendices, 1979 Edition," Uniform Fire Code Standards, 1979 Edition, adopted by the Inter- national Conference of Building Officials and Flre Chiefs Associatlon and National Fire Codes Volumes 1-16, 1979 Editions, published by the National Fire Protection Association are hereby adopted, as amended, deleted or modified therein, as the Fire Code of the City of Santa Monica, and shall be referred to, together with such amend- ments, deletions or modifications thereto, as the "Fire Code. It Section 8l06. Housin~ Code. That certain document entitled "Uniform Housing Code, 1979 Edltion," adopted by the International Confer- ence of BU11ding Officials is hereby adopted, as amended, deleted or modlfied therein, as the Housing Code of the City of Santa M6nica, and shall be referred to, together with such amend- ments, deletions or modifications thereto, as the "Housing Code. II Section 8107. Mechanical Code. That certa1n document entitled "Uniform Mechanical Code, 1979 Edition,n adopted by the International Conference of Building Officials is hereby adopted, as amended, deleted or modified therein, as the Mechanical Code of the City of Santa Mon1ca, and shall be referred to, together with such amendments, dele- tions or modifications thereto, as the ItMechanical Code." Section 8108. P~~mbln~ Code. That certain document entitled "Unifonn Plumbing COde, 1979 Editlon,ll adopted by the International Association of Plumbing and Mechanical Officials is"hereby adopted, as amended, deleted or mod1fied therein, as the Plumbing Code of the City of Santa Monica, and shall be referred to, together with such amendments, deletions or modifications thereto, as the "Plumbing Code. II -6- . . SECTIO~ 3. The City CoUncil of ' the City of-Santa IJbnici-flnds and determines that the technical changes and modiflcations to the Electrical Code as set forth in the "Santa Monica Amendments to the 1979 Uniform Codes" are requ1red be- cause certain uses of aluminum based conductors and non- metall1c sheated wiring have caused or led to potentially hazardous electrical wiring installations. SECTION 4. Any provision of the Santa Monica Muni- cipal Code or appendices thereto inconsistent therewith, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordlnance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstltut~onal by a decision of any court of any competent Jurisdiction, such decision shall not affect the validity of the remaining-portions -7- . . of the ord~nance. The City Council hereby declares that it would have passed this ordinance and each and every section, sUbsectio, sentence, clause or phrase not declared invalid or unconstltutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (lS) days after its adoption. The ordinance shall be- came effective after thirty (30) days from its adoption. APPROVED AS TO FORM: ~~~k . . STEPHEN SHANE STARK Acting City Attorney -8- ~ , . . Section 62005. APPLICATION FOR tlASSEUR'S PEID1IT. A. Any person deslrlng a masseur's permit shall file with the Chief a wrltten appllcation on a form to be furnished by the Chlef. The appl~cant shall accompany the application with tender of a one hundred and seventy f~ve dollar ($175) filing and processlng fee. 7he same information shall be lncluded on the appllcatlon as 15 requlred pursuant to subsectlons E and H of Sectlon 62002, together with the followlng: (1) A statement of the exact location at which the applicant will be working as a masseur, lncludlng the full street address and all telephone numbers associated wlth said location. If the applicant wll1 be working in a parlor, the applicatlon should also lnclude the precise name under WhlCh the parlor is operated, the form of ownershlp of the parlor, i.e., whether individual, partnershlp, corporate, or otherWlse, and the full naMes and addresses of all owners and the managers or manaqing employees principally ln charge of operatlon of the parlor; and (2) A statement in writlng from a licensed physlclan In the State of Callfornla that he or she has examined the applicant within the past 30 day perlod preceeding sald appllcation and believes the applicant to be free from all communicable diseases. -9- . . B. The Chlef shall conduct an ~nvest~gation to determine whether such appllcant lS quallfled pursuant to subparagraphs A(l), A(2) I A(3), A(4), and A(6) of Sectlon 62003 of th~s Chapter; if the person is so qual~fied, and has sat~sfied the requ~rements of subparagraphs A(l) and A(2) of thlS sectlon, the Chief shall inform the applicant that a masseur1s permit wlll be lssued as requested, upon compliance with the requlrements of subsection D of thls section. Where, as a result of his investlgatlon, the Chlef determines that the applicant does not qualify pursuant to sa~d subpara9raphs A(l}, A(2}, A(3), A(4), and A(6} of Sectlon 62003, or has failed to satisfy the requirements of subparagraphs A(l) and A(2) of this section, he shall g~ve notice of such declsion to the applicant and to the operator of the parlor, if any, at which the appllcant intends to work, within 30 calendar days from receipt of the application. The operator or applicant shall have the rlght of appeal from such decision, in the time and manner set forth in Section 6124, et seq., of thls Code. c. The Chlef is authorlzed to lssue a perrnlt under this sectlon subJect to one or more of the fo11owlng con- ditions: (I) That changes ln the location where the permit holder is employed must be reported to the Police -10- . . Department w~thln 48 hours after the change occurs. (2) That the holder of the perm~t must display a photo identlfication card prepared by the Police Department when working pursuant to the permlt. ThlS card must be worn or d~splayed in a prominent locatlon wlthin the immediate work space. If a permit holder changes locatlon as described In subparagraph (1) above, he or she shall be requ~red, wlthin one week after such change occurs, to obtaln from the Pollce Department, at a cost of ten dollars ($IO), a new photo identlfication card. (3) That the doors of cubicles in whlch a permit holder lS working Must be unlocked at all times. (4) That, when working pursuant to the permit, the permit holder may not expose hlS or her genitals or buttocks, or, in the case of a female, her breast(s), or make intentional contact with the genitals or anus of any other person. D. Wlthin SlX months following the fillng of an orlginal appllcatlon for a masseur's permit, the appllcant shall be requlred to take and pass an examlnation of qualifications as set forth below: (1) The examination required by this sectlon shall, in the Judgment of the Chlef, be such as to fairly determine the abl1ity of the appllcant to -11- . . properly perform the work which the applicant would be authorized to do by the permit applied for, and shall cover the fol10w1ng subjects: anatomy, physlology, hyglene, and the practlce and theory of ~assage as massage is deflned ln Section 62000 D. (2) The examination shall include both a practlcal demonstration and a written test. It shal1 be conslstent in both practlcal and techn1cal requlrements. (3) In the grading of the examinat1on, practical demonstrations shall prevail over wrltten tests, that 1S, a greater number of credlts shall be allowed on practical demonstrations than on wr1tten tests. (4) The wrltten tests shall test the competency and ab1lity of the applicant to engage in the practice of massage. The examination shall requlre the appl1cant to engage in the practice of massage. The examinatlon shall require the appl1cant to de~onstrate a basic knowledge of anatomy, phYS10logy, hygiene, and manual and mechanical massage. (5) The examination may be conducted by the Chief, or, at h1S des1gnatlon, by the County Health Department. Quallfied persons shall prepare, give and grade the examination. A qualified person shall have -12- . , had at least five years of 11censure or pract1ce 1n his or her fleld and shall lnclude 11censed health care professionals such as doctors, ch1ropractors, physical therap1sts, and lndivlduals who have pursued requlred courses ln an approved massage school and are graduates thereof and hold a d1ploma therefrom. (6) The Chief shal1 establ1sh standards and procedures governlng the adminlstration and grading of all examlnations and shall exercise such supervision as may be necessary to assure compliance therewith. (7) An applicant who falls to pass the examination shall not be eliglble for another examination until four weeks after taking the prev10us examination. An appl1cant who fails to pass upon the thlrd trial shall not be again elig1ble unt11 SlX months thereafter. An additional processing fee may be required to be flIed with the Chlef prlor to each examinatlon. Section 62006. UNLAWFUL OPERATIONS. A. No person shall glve, or assist In the giving, of any massage to any person under the age of 18 years, unless the parent or guardian of such minor person has consented thereto ln writing. B. No person under the age of 18 years shall be allowed ln any massage parlor, unless the parent or guardlan -13- . , of such minor person has consented thereto in wr~ting. C. Each operator shall erect and maintaln a recognlzable and readable sign that will be posted adjacent to the main entrance identifying the premises as a massage parlor. All such signs must comply with Municlpal Code requirements of the Clty of Santa Monlca. D. Each operator shall have posted, in a consplCUOUS location upon the premises where the massage operatlon is to be conducted, the operator's permit as issued by the Chief. E. Each operator shall provide ln each room, or portion of a room, where massages are given, sufflcient lighting and ventilatlon as required by the Santa Monica Buildlng Code. F. Each operator shall provide and maintain adequate equipment for dlsinfectlng and sterilizing of instruments used in performing the acts of massage. G. The Department of Health shall, from time to tlme, and at least once a year, make an inspectlon of each massage parlor in the City for the purposes of determinlng that the health provisions of the laws of the State of Callfornia and ordinances of the Clty of Santa Monica and County of Los Angeles and this section are met. H. A minimum of one tub or shower, and one toilet and wash basin shall be provided for the patrons In every massage parlor location; however, if male and female patrons -14- . , are to be served simultaneously at sald establishment, separate tOl1et fac111ties shall be prov1ded for male and female patrons. In those establlshrnents where steam rooms or sauna baths are prov1ded, if male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and siml1ar equipment. Each wash basin shall be provided with soap or detergent and sanltary towels placed in permanently lnstalled dlspensers. A trash receptacle shall be provided ln each toilet room. In additlon to the wash basin provlded for patrons, a minimum of one separate wash basln shall be provided in each massage establlshment, which basir. shall prov1de soap or detergent and hot and cold running water at all tlmes and shall be located w1thin or as close as practicable to the area devoted to the performing of massage services. In additlon, there shall be provided at each wash basin, sanitary towels placed ln permanently installed dispensers. EXCEPTION: If the wash bas~n for the patrons ~s not in the tOl1et room but 15 adJacent thereto, th~s wash basin will meet the separate wash basin requirement if it is reasonably close to the area devoted to the performlng of massage. -15- . , I. No person shall operate a massage parlor, or adminlster a massage as herein defined in any massage parlor between the hours of 12:00 A.M. and 7:00 A.M. J. No person 11censed to do business as herein provlded shall operate under any name or conduct business under any designation not specifled in his or her permit. K. No person shall enter, be, or remain 1n any part of a massage parlor licensed under this Chapter while 1n the possesslon of, consUffi2ng, uSlng, or under the ~nfluence of any alcohol~c beverage or drugs. The owner, operator, and manager shall be responsible for lnsurlng that no such person shall enter or remain upon the licensed premises. L. No bUllding or part thereof used as a massage parlor shall be equlpped with any electronlC, mechanlcal, or artific~al device used, or capable of being used, for recording or mon~torlng the conversat1on or other sounds in any treatment room or room used by the business customers. M. No massage parlor issued a perm1t under this Chapter shall send masseurs off the prem~ses for purposes of admlnistering a massage, nor shall the massage parlor or any part thereof be used by any employee, operator, manager, or owner to recelve or accept such request for off-premlses massages, nor to provide lnformatlon -16- . . to anyone how or where such off-premises massages may be obtained. N. Every person to whom or for whom a masseur's permit shall have been granted pursuant to the provisions of th~s Chapter shall display said permit in a conspicuous place within the massage parlor so that the same may be readily seen by persons entering the prem~ses. O. No person holding a masseur's permit issued under this Chapter, or employed by or working in a massage parlor licensed under this Chapter, may, in worklng pursuant to such permit or license, expose his ar her genltals~ buttocks, or, in the case of a female, her breast(s), or make intentional contact with the genitals or anus of any other person. Section 62007. 11ANAGER. All massage parlors required to be licensed under this Chapter shall have a manager on the premises at all t~mes durlng which the massage parlor is open. The operator of each massage parlor required to be l~censed under thlS Chapter shall file a statement with the Chief, deslgnatlng the person or persons empowered to act as manager at the operator's massage parlor. The manager of each massage parlor shall take necessary steps to insure that caples of the masseur permlt for each on-duty masseur Shall be conspicuously posted on the premises in close proximlty to a slgn lndicat~ng that those persons are llcensed on-duty masseurs. -17- . . Section 62008. CHANGES OF BUSINESS. Every massage parlor operator shall report immediately to the Chief any and all changes of ownershlp or management of the massage establishment, including, but not limited to, changes of ~anager or other person princlpally ~n charge, stockholders holding more than ten percent of the stock of the corporation, officers, d~rectors, and partners, and any and all changes of name, style, or des~gnatlon under which the business 1S to be conducted, and all changes of address or telephone numbers of the business or parlor. Section 62009. INSPECTIONS. The City1s Department of Buildlng and Safety and P1re Department, and the Los Angeles County Health Department shall lnspect the premises proposed to be devoted to the massage establishment and shall certlfy on the requ1red permit applicat1on, compliance or non-compllance with the regu1atlons set forth in Section 62006 of this Chapter. Section 62010. Tillll~SFER AND DURATION OF PE~lITSJ SUSPENSION AND REVOCATION. A. No permit issued hereunder shall be transferable. All permlts for massage parlor operators and masseur permlts shall be ~ssued for the per~od of the fiscal year or portion thereof remaining followlng issuance of such permit, and shall expire the last day of the fiscal year (June 30) . B. Appllcatlons for the next ensu~ng fiscal year may be filed with the Chlef before the end of each f~scal year. Such renewal applications must be filed no -18- . . later than 30 days prior to the end of the fiscal year to prevent a lapse of the permlt. C. Each appllcant for renewal shall f~le such informatlon as nay be required by the Chief to update the lnformation required for hlS or her orlg1nal permit appllcatlon. A proces51ng fee, in accordance wlth the Fee Schedule set forth In Section 62012 of thlS Chapter/ shall be paid at the tlme the appllcation for renewal 15 made. D. The Chief May refuse to renew a permlt or may revoke or suspend an existlng per.mlt on the grounds that the appllcant or permlt holder has committed viola- tions of the permlt conditlons or other requlrements of thlS Chapter, or on any of the grounds specified in Sections 6120 and 6123 of this Code. In any such case, the applicant or permit holder shall have the rlght to appeal from a decision of the Chlef, in the tlme and manner set forth In Section 6l24, et seq., of thlS Code. E. No suspended permlt may be renewed. If a suspended permlt lapses during the suspension perlod, a new appllcation must be made at the end of the suspension period. Section 62011. EXEMPTION; EXISTING PERMITTEES. A. The provislons of thlS part shall not be deemed appllcable to any person who is engaged ~n a healing art, and 18 -19- . . licensed as such, pursuant to Divislon 2, commenc~ng with Section 500 of the Bus~ness and Professions Code of the State of California. B. Com~encing July 1, 1980, perm~ts are to be ~ssued ~n accordance with the provisions of this Chapter. As to persons holdlng ex~sting perm~ts, the follow~ng schedule of compliance 15 to apply: (l) Operators' permits shall continue in effect for the remainder of the fiscal year and shall be renewing in accordance with the provislons of Section 62010, pending compllance with the applicable requlrements of subparagraphs (2) and (3) of this section. (2) Nlthln 90 days of the effective date of this ordlnance, the parlor is to be brought lUtO compl~ance with all requirements of Section 62006. (3) All persons operatlng under an existlng masseur's perm~t and otherwise meetlng the requlrements for permit renewal, are, within SlX months of the effective date of this ordinance, to obtaln a new permit in accordance wlth the provislons of Section 62005. Pending tlmely satlsfaction of the requirements of thlS SUbparagraph, existing permittees are deemed to have a conditlonal permlt satisfYlng the requlrements of this Chapter. Sa~d condit~onal permit shall be granted only -20- . . upon payment of the standard renewal fee of twenty dollars ($20), wh~ch amount w~ll be deducted from the one hundred seventy f~ve dollar ($175) applicat~on fee requlred wlth the filing of an appllcation under Section 62005. (4) Reasonable extensions of the t~me periods speclfled ~n subparagraphs (2) and (3) shall be granted by the Chlef upon a proper showlng and upon timely request therefor. Section 62012. FEES. The following Fee Schedule shall be applicable to persons requlred to obtain perMits under this Chapter: A. Operator's Permits. (1) Persons required to obtain an operato~'s perm~t from the Police Department shall submit with their applicatlon for sald permit, an appllcation fee of one hundred dollars (SIOO) to cover the cost of processlng the appllcation. (2) An additional processing fee of one hundred dollars ($100) shall be requlred each time the operator's permit lS requ~red to be renewed. (3) The appllcation and renewal fees specifled In thlS subsect~on shall be ln addltion to the buslness 1lcense tax WhlCh the operator of a massage parlor is required to pay pursuant to Section 6240 of the Code. -21- . . . . B. l1asseur's Permits. (1) Persons required to obtain a masseur's permit from the Police Department shall subm~t with thelr application for said permit an applicatlon fee of one hundred seventy five dollars ($175) to cover the cost of processing the appl~cation and the cost of adm~nlstering the competency examination. If lt is necessary for the applicant to be re-examined, an additlonal fee may be requlred to cover the costs of re-exaMinat~on, which fee must be paid prlor to each Success~ve examlnation. If, as a result of a decision denying a per~it pursuant to subsection B of Section 62005, or for any other reason, an appl~cant does not take the examlna- tion, that portion of the one hundred seventy f~ve dollar ($175) application fee intended to cover the cost of adninistering the examlnation shall be refunded. (2) An additional fee of twenty dollars ($20) shall be required each tlme the masseur's permlt ~s required to be renewed. (3) The application and renewal fees speclfied in this subsectlon shall be ln add~tlon to the buslness 11cense tax which a masseur is requlred to pay pursuant to Section 6240 of the Code. -22- .. . . . . c. The fees specified ~n this section may be increased by reso1utlon of the City Counc~l, as necessary, to cover any increase in the costs of processing appllcations and adminlsterlng required exam~nations. SECTION 3. Any provlsion of the Santa Monica Munlclpal Code or appendices thereto ineonslstent herewith, to the extent of such lnconsistencles and no further, are hereby repealed or modlfled to that extent necessary to effect the provlslons of this ordlnance. SECTION 4. If any section, subsectlon, sentence, clause or phrase of this ordinance is for any reason held to be invalld or unconstltutional by a decision of any court of any competent )urisdictlon, such decislon shall not affect the valldity of the remalnlng portlons of the ordlnance. The City Cauncll hereby declares that lt would have passed this ordlnance and each and every seetlon, subsectlon, sentence, clause, or phrase not declared invalld or unconstltutional wlthout regard to whether any portlon of the ordinance would be subsequently declared lnvalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The Clty Clerk shall cause the same to be published once ~n the official newspaper withln 15 days after ~ts adoption. The ordlnance shall become effectlve after 30 days from its adoption. APPROVED AS TO FORB: -23- . ,~ . ./ ADOPTED AND APPROVED THIS 12th DAY OF August J J980 I 9J1~;r fjrJ~ (I /" ~1A~~ - ,~/ I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE) No. 1175.J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 22nd DAY OF July J 1980j THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 12th DAY OF A~gust BY THE FOLLOWING COUNCIL VOTE: ~ 1980 ; AYES: COUNCILMEMBERS: Yannatta Go1dway, Jennings, Reed, Rhoden, Scott, Bambrick NOES: COUNCILMEMBERS: None ABSENT: COUNCIlMEMBERS: van den Steenhoven .r ATTEST: " ~~ CITY CLERK . , as the lntroductlon of regularly scheduled entertalnrnent, except that there may be no more than an ~nc~dental increase in the ser- Vlce area floor space of bars and restaurants; nor b. Changes ~n use WhlCh result in a use perm~tted under Section 9119B2 that is less ~ntense than the current use. EXlsting uses shall count toward the total number of bars and restaurants perm~tted wlthln the District. A current use shall be consldered no longer existent If that use 18 voluntarily changed or 1S abandoned for a perlod of one year. SECTION 5. The Santa Monlca Dlstricting Map is amended to reclassify to the "Cr-1" Main Street Speclal Commercial Dlstr1.ct all those properties presently classlfied In the C4 Highway Cornmerical District located between Pico Boulevard and the southeasterly C1ty lirn1ts and Second Street and Nellson Way. The "eM" Distr~ct is divl.ded into sub-dlstricts, as shown on the Zoulng map as follows: All those commercially zoned propertles in the Maln Street Commercial Distrlct presently zoned C-4 shall be in the CM-2 dlstrlct except the following: a) those properties on the west side of Maln Street northwesterly of Strand and southeasterly of Bay, and lots 5, 6, and 7 of Weid and Haverstick's subdivlsion, shall be in the CM-3 district, and -14- . , b} those properties southeasterly of Pier and northwesterly of Bay, except lots 5, 6. and 7 of Weid and Haverstick's sub- d1vislon shall be 1n the CM-4 dlstrlct. SECTION 6. Th~s ordlnance 15 declared to be an emergency measure adopted pursuant to the provlslons of Sectlon 615 of the Santa Monlca Clty Charter and 15 necessary for preservlng the publlC peace, health and safety, and the urgency for ~ts adopt10n as set forth in the flnd1ngs above. SECTION 7. Any prov1S10n of the Santa Monica Municipal Code or appendlces thereto lncon5istent herewith, to the extent of such inconslstencies and no further, are hereby repealed or modlfied to that extent necessary to effect the prOVlslons of thlS ordlnance. SECTION 8. If any provlslon of this ordlnance is held to be unconstitutional by any court of competent )urisdlctJOn, it 15 the intent of the Clty Councl1 that such portion of such ordlnance be severable from the remalnder and that the remainder be given full force and effect. SECTION 9. The Mayor shall slgn and the Clty Clerk shall attest to the passage of thlS ordlnance. The Clty Clerk shall cause the same to be publ1shed once In the offlcal newpaper wlthln fifteen (15) days after its adoptlon. The ~rdinance shall become effectlve from and after ltS adoption. APPROVED AS TO FORNi: -15- t . . , ADOPTED AND APPROVED THIS 12th DAY OF August J 19~O. J /l xV0AA. f1 ' f: 10~ I /'- M~y-dJ ~- , / I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No. 1176 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF August J 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF August , 1980 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Yannatta Goldway, Jennings, Rhoden, Scott, Bambrick NOES: COUNCILMEMBERS: Reed ABSENT: COUNcIlMEMBERS: van den Steenhoven /' " -... ATTEST: .'. _ ~-0-~: CITY CLERK