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HomeMy WebLinkAboutORD 721I:! ORDINANCE NO. 721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.86.090, 5.86.100, AND 5.86.170 OF CHAPTER 5.86 OF TITLE 5 REGULATING MASSAGE ESTABLISHMENTS, BATHHOUSES, ESCORT BUREAUS AND INTRODUCTORY SERVICES. The City Council of the City of Palm Desert, California HEREBY ORDAINS as follows: SECTION 1: That the first paragraph of Section 5.86.090 of Chapter 5.86 of Title 5 is hereby amended to read as follows: 5.86.090 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 Compliance and Business Licenses in the same manner as provided herein for massage establishment permits. The director of code compliance and business licenses shall approve the application and issue the permit if the applicant meets all the requirements of Chapter 5.86, and shall deny the application if the applicant does not meet all the requirements of Chapter 5.86. 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 (10) 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. SECTION 2: That the first paragraph of Section 5.86.100 of Chapter 5.86 of Title 5 is hereby amended to read as follows: 5.86.100 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 Department of Code Compliance and Business Licenses in the same manner as provided in this chapter for adult entertainment permits. The director of code compliance and business licenses shall approve the application and issue the permit if the applicant meets all the requirements of Chapter 5.86, and shall deny the application if the applicant does not meet all the requirements of Chapter ORDINANCE NO. 721 5.86. 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 (10) 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. SECTION 3: That Section 5.86.170 of Chapter 5.86 of Title 5 be amended to read as follows: 5.86.170 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 and Business Licenses. The director of code compliance and business licenses shall refer copies of the application to the following departments and agencies within five (5) 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 (30) days inspect the premises proposed to be operated as a massage establishment, bathhouse, escort bureau or introductory services and shall make written verification to the department of code compliance and business licenses concerning compliance with the Palm Desert Municipal Codes and the codes of Riverside County and State of California that they administer. If such premises are not in compliance, the department of code compliance 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 for reinspection by the applicant; provided, however, that such request for reinspection is made within thirty (30) days after notice of noncompliance has been given by the department of code compliance and business licenses. 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 of code compliance and business licenses, the application shall be set for a public hearing before the City Council and the applicant notified of the date of such hearing. If the application is denied, the director shall promptly 2 ORDINANCE NO. 721 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 (10) 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. SECTION 4: 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 same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 24th day of June 1993, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: CRITES, KELLY, SNYDER, WILSON, BENSON NOES: NONE r ABSENT: NONE ABSTAIN: NONE ,, e TEST: SHEILA R. GI1 LIGAN, C�y Clerk City of Pa Desert, alifornia 3 JF/,AH M. BENSON, Mayor