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HomeMy WebLinkAboutORD 532v ORDINANCE NO. 532 AN ORDINANCE; OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.86, SECTIONS .090, .100, .120, .170, .180, .190 and .200 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO MASSAGE ESTABLISHMENTS, BATHHOUSES, ESCORT BUREAUS AND INTRODUCTORY SERVICES. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1: That Section 5.86.090 is amended to read as follows: "5.86.090 Massage parlor or bathhouse and persons engaged therein -- Application for massagist's permit. Any person desirous of engaging in the practice of massage as defined in this chapter must first secure a massagist's permit. Application shall be made to the city's department of code enforcement and business licenses in the same manner as provided herein for massage establishment permits. The director of code enforcement and business licenses shall review the application. The director of code enforcement and business licenses shall grant the application if the applicant meets all requirements of Chapter 5.86 and shall deny the application if the applicant does not meet all requirements of Chapter 5.86. There shall be no public hearing before the City Council. The application shall contain the following: "A. The business address and all telephone numbers where the massage is to be practiced; "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 application 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 an 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. Applicant must furnish a diploma or certificate of DSP9B/7 cr/1.19.88 graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught as defined in subsection M of Section 5.86.020; "J. The massage or similar business history and experi- ence ten years prior to the date of application, including but not limited to whether or not such person is 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 or denial, suspension or revocation; "K. 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; "L. 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; "M. 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 hereinbefore required to be set forth in the application; "N. 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; "O. 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." Section 2: Section 5.86.100 is amended to read as follows: "5.86.100 Escort's permit -- Application therefor. Any person desirous of employment as an escort as defined in this chapter, must first secure an escort permit. Once obtained, said permit shall be carried on the escort's person at all times said person is functioning as an escort. Application shall be made to the city's department of code enforcement and business licenses in the same manner as provided in this chapter for adult entertainment establishment permits. The director of code enforcement and business licenses shall review the application. The director of code enforcement and business licenses shall grant the application if the applicant meets all requirements of Chapter 5.86 and shall deny the -2- DSP9B/7 cr/1.19.88 application if the applicant does not meet all requirements of Chapter 5.86. There shall be no public hearing before the City Council. The application shall contain all of the information set forth in Section 5.86.090 pertaining to massagist's permits, save and except for subsection I set forth therein." Section 3: Section 5.86.120 is amended to read as follows: "Section 5.86.120 Prohibition regarding specified anatomical areas and specified sexual activities. "A. It is unlawful for any escort, massagist or any person on the premises of a massage establishment, bathhouse, escort bureau or introductory service to (1) expose to any other persor0 any specified anatomical areas, whether his or her own, or those of another, (2) any specified sexual activ- ities. "B. It is unlawful for any person owning, operating or managing a massage establishment or bathhouse, knowingly to cause, allow or permit in or about such massage establishment or bathhouse, any agent, employee or any other person under his control or supervision to permit such acts prohibited in subsection A of this sections "C. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder." Section 4: Section 5.86.170 is amended to read as follows: "5.86.170• Investigation. After application permit has been filed with the city manager, he shall cause an investiga- tion to be made by the city's department of code enforcement and business licenses. The department of code enforcement and business licenses shall refer copies of the application to the following departments within five days of receipt of the application: the city's department of building and safety, the Riverside County Health Department and the Riverside County Fire Marshal. These departments shall within thirty days inspect the premises proposed to be operated as a massage establishment, bathhouse, escort bureau or introductory service and shall make written verification to the department of code enforcement and business licenses concerning compli- ance with the codes of the city, Riverside County and the State of California that they administer. If such premises are not in compliance, the department of code enforcement and business licenses shall notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of such premises to be made upon written request by the applicant; provided, however, that such request for reinspection is made within thirty days after notice of noncompliance has been -3- DSP9B/7 cr/1.19.88 given by the department of code enforcement and business licenses. The application shall further be referred to the city's police department for investigation of the applic.ant's character and qualifications. The city manager shall cause an application for a permit to operate a massage establishment, or bathhouse, or escort bureau or introductory service to be set for hearing before the City Council and shall notify the applicant of the date of such hearing." Section 5: Section 5.86.180 is amended to read as follows: "Section 5.86.180. Hearing Notice. 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 or escort permits." Section 6: Section 5.86.190 is amended to read as follows: "Section 5.86.190 Procedure of hearing. 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 massage establishment, 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 massage establishment, bathhouse, escort bureau or introductory service. This procedure shall not apply to applications for individual massagist or escort permits." Section 7: Section 5.86.200 is amended to read as follows: "Section 5.86.200 Findings of hearing. At the conclu- sion of the hearing before the city council, the city council shall grant an application for a massage establishment, bathhouse, escort bureau or introductory service permit if the following findings are made: -4- DSP9B/7 cr/1.19.88 "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 massage establishment, 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 place of massage establishment, bathhouse, escort bureau or introduc- tory 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 convic- tion 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, "3. The act or crime referred to in subsection D1 or D2 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of massage establishment, bathhouse, escort bureau or introductory services; "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 massage establishment, bathhouse, escort bureau or introductory service, massagist's 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 -5- DSP9B/7 cr/1.19.88 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." Section 8: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation printed, published and circulated within the City of Palm Desert, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED this 24th day of March , 1988, by the following vote: AYES: CRITES, SNYDER, WILSON, BENSON NOES: NONE ABSENT: KELLY ABSTAIN: NONE J N BENSON, Mayor C3/�ty of Palm Desert, California 7 EST SHEILA GILtE"GAN, CiY Clerk City of Palm Desert,-, California