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HomeMy WebLinkAboutORD 870ORDINANCE NO. 870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CREATING CHAPTER 5.87 OF THE PALM DESERT MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGISTS AND MASSAGE ESTABLISHMENTS AND DELETING REFERENCES TO MASSAGE FROM CHAPTER 5.86. The City Council of the City of Palm Desert, California, does hearby find as follows: WHEREAS, the practice of massage and the operation of massage establishment, require special supervision by appropriate public safety and health agencies in order to protect and preserve the health, safety and welfare of the patrons of such services as well as the general public. WHEREAS, the attached ordinance text exhibit "A" provides for reasonable locational criteria, minimum educational qualifications, health certification, general background investigation, and facility operational requirements which allow for the availability of legitimate massage services to the citizenry of Palm Desert and the resort community. WHEREAS, the regulation of massage activities will be described in Section 5.87, therefore, references to massage need to be deleted from Section 5.86. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: SECTION 1. That the above recitations are true and correct and constitute the findings of the council. SECTION 2. That Section 5.87 shall be added to the Palm Desert Municipal Code as shown in attached exhibit "A" and Section 5.86 shall be amended as shown in exhibit "B". SECTION 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ORDINANCE NO. 870 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this26thday of March 1998, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE SHEILA R. WL-CWAN, Cif/ Clerk City of Palm Desert, C� ornia ORDINANCE NO. 870 EXHIBIT "'A" CHAPTER 5.87 MASSAGISTS AND MASSAGE ESTABLISHMENT 5.87.020 Definitions. 5.87.030 Permits. 5.87.040 Massage Establishments, Location. 5.87.050 Nonconforming Uses and Permits. 5.87.060 Building Requirements for Massage Establishments. 5.87.070 Special Events Permit Required. 5.87.080 Application for Massagist's Permit; Types of Permits. 5.87.090 Massage Establishment Operating Requirements. 5.87.100 Prohibition Regarding Specified Anatomical Areas. 5.87.110 Employment of and Services Rendered to Minors Prohibited. 5.87.120 Exemptions. 5.87.130 Massage Establishment; Application for Permit. 5.87.140 Renewal of Permit. 5.87.150 Investigation. 5.87.160 Approval of Permits. 5.87.170 Denial of Application. 5.87.180 Suspension, Revocation of Permit. 5.87.190 Inspection Required. 5.87.200 Penalties. 5.87.210 Other Remedies. 5.87-220 Conducting a Business as a Nuisance. 5.87.230 Sale or Transfer or Change of Location. 5.87.240 Transfer of Permit. RWUB\RWH\1837 1 CHAPTER 5.87 MASSAGE ESTABLISHMENT ter. 5.87.020 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application•of words and phrases used in this Chapter: A. Day Spas. "Day Spas" are places where baths, steam, sauna, body wraps, salt glows and other exfoliating treatments, hot and cold packs, compresses, and other forms of hydrotherapy, are given as well as facials, exercise classes, all services being directed toward health. B. City Manager. "City Manager" means the City Manager of the City of Palm Desert, or his or her designated representative. C. Director. "Director" means the Director of Community Development or his or her delegated representative. ,. D. Employee. "Employee" means any person over eighteen (18) years of age other than a massagist who renders any service in connection with the operation of massage business and receives compensation from the operator of the business or patrons. E. Massage. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. F. Massage Establishment. "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage as defined in Subsection G, and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities defined as massage in Subsection D. RMPUB\RWH\1837 2 CHAPTER 5.87 MASSAGE ESTABLISHMENT G. Massagist. "Massagist" means any person who, for any consideration. whatsoever, engages in the practice of massage as defined in Subsection D at any permitted establishment. H. Outcall Massage Service. "Outcall massage service" means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than a "massage establishment" as defined in Subsection E. I. Permittee. "Permittee" means the person to whom a permit has been issued. J. Publicly Traded Corporation. "Publicly traded corporation" shall be a corporation whose stock is traded on the New York, American, Pacific or NASDAQ Exchanges. K. Police Chief. "Police Chief" means the Chief of the Police Department of the City of Palm Desert, or his or her designated representative. L. Recognized School of Massage. "Recognized School of Massage" means any school or educational institution licensed or approved in the state it is located, whose purpose it is to upgrade the professionalism of massagists and which teaches the theory, ethics, practice, profession or work of massage; which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following.the successful completion of such course of study or learning. Schools offering a correspondence_ course not requiring actual attendance shall not be deemed a recognized school. The City of Palm Desert shall have a right to confirm that the applicant has completed a certificate program from a recognized school. M. Specified Anatomical Areas. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts below a point immediately above'the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. RMPUB\R W H\ 1837 3 CHAPTER 5.87 PRO MASSAGE ESTABLISHMENT N. Communicable disease. "Communicable disease" means tuberculosis, hepatitis, or any disease which may be transmitted to a patron through normal contact during the performance of any massage service, and does not include venereal or sexually transmitted diseases, which would not be transmitted to patrons through normal contact during the performance of any massage service. 5.87.030 Permits. A. Requirements. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on or upon any premises within the City, the business of a massage establishment, as defined in this Chapter, without possessing a permit issued pursuant to the provisions of this Chapter for each and every separate office or place of business conducted by the above. The permit fee required by this Chapter shall be in addition to any other license, permit or fee required under any of the provisions of this Code. B. Authorization. Neither the filing of an application for , the permit, nor payment of any other license, permit or fee required under any other provision of this Code shall authorize the engaging, conducting or carrying on of a massage establishment. C. Application Fee. The application fee for a massage establishment permit shall be Five Hundred Dollars ($500.00) and the application fee for a massagist's permit for each massagist employed therein shall be One Hundred Dollars ($100.00) and is - non -refundable and shall be used to defray the cost of investigation and processing as set forth herein. The fee set forth in this Section shall be in effect until the City Council shall, by resolution, fix some other rate based upon a cost factor. D. Massagist's Permit Required. No person shall, practice massage as a massagist, unless he or she has a valid and subsisting massagist's permit issued to him or her by the City pursuant to the provisions of this Chapter. E. Renewal df Permit. All permits shall expire one year from the date it is issued. Applications for renewal of a permit shall be made 60 days prior to the expiration date of the permit. The renewal application fee for a massage establishment permit shall be RWU]3\RW M l837 4 CHAPTER 5.87 MASSAGE ESTABLISHMENT One Hundred Dollars ($100.00) and the renewal application fee for I massagist permit for each massagist employed therein shall be Fifty Dollars ($50.00). Said renewal application fees are non-refundable and shall be used to defray the cost -of investigation and processing said renewal applications. The fee set forth in this Section shall be in effect until the City Council shall, by resolution, fix some other rate based upon a cost factor. 5.87.040 Massage Establishments, Location. A. All massage establishments will require approval of a conditional use permit per Chapter 25.72 of the Zoning Ordinance. B. Zones permitted by Conditional Use Permit: C-1, General Commercial, PC, Planned Commercial and O.P., Office Professional. C. Massage shall also be permitted subject to approval of a Conditional Use Permit as an accessory use with hotels, beauty salons, day spas, athletic clubs and other health service or educational institutions in those zones where they are permitted and approved. 5.87.050 Nonconforming Uses and Permits. A. Establishments - All establishments legally permitted to offer massage on January 1; 1998, but which are in noncompliance as a result of amendment to this Chapter shall be deemed legal nonconforming and will be allowed to continue operation provided they are in compliance with all limitations and requirements of their original permit except as noted below. Any expansion -of massage services beyond those specified in the original approval shall require a Conditional Use Permit. B. All holders of citywide and site specific massagist permits or massage establishment permits shall come into compliance with all licensing and operational criteria identified in this Chapter by January 1, 1999. 5.87.060 Building Requirements for Massage Establishments. RWUB\RWH\1837 5 CHAPTER 5.87 MASSAGE ESTABLISHMENT In addition to the requirements of the Zoning and Building Codes, the following additional requirements shall be met by massage establishments: A. A recognizable and readable sign shall be posted at the main entrance identifying the establishment, provided that all such signs shall comply with the sign regulations of the City. B. Fire and Safety Requirements. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building department regulations and standards. C. Building Openings. All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view from the outside of the building into dressing rooms, treatment rooms, restrooms, and other areas where patrons of the business may not be fully dressed. D. Lighting in Parking Lots. Lighting shall be in compliance with Chapter 24.16 of the Municipal Code. E. Construction of rooms used for toilets, baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the City Building Code. Plumbing fixtures shall be installed in accordance with the City Plumbing Code: 1. Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the City; - 2. Floors of wet and dry heat rooms shall be adequately pitched to one (1) 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; 3. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning; F. Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the -same time, separate toilet facilities shall be RMPU13UtWH\1837 6 CHAPTER 5.87 MASSAGE ESTABLISHMENT provided for each sex. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one (1) time. Urinals maybe substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein , G. Hot and cold running water under pressure from a potable source shall be provided to all washbasins, bathtubs, showers, and similar facilities. Each water basin shall be provided with soap or detergent and single -service towels placed in permanently installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the washbasin provided for patrons, a minimum of one (1) separate washbasin shall be located within or as close as practicable to each area in which massages are administered and baths taken; H. Provide minimum lighting in accordance with the Uniform Building Code, and in addition, at least one (1) artificial light of not less than forty (40) watts shall be provided in each enclosed room where massage services are being performed on a patron. 5.87.070 Special Events Permit Required. When extra massagists are required for a special event at or organized by an approved Massage Establishment, the owner, manager, or operator of the establishment must supply the City with a list of massagists who will be working at the event, copies of their certifications, copies of licenses they may hold in other cities, and any other information the City may reasonably require, not less than two (2) weeks before the date of the event, and pay a fee for a one -day (1) permit, the amount of the fee to be set by the City Council. Nothing in this Section is to be construed to permit such massagists from performing massage at any other location in the City at any other time, unless each massagist has fulfilled the requirements of this Chapter and has a current permit to perform massage. 5.87.080 Application for Massagist's Permit; Types of Permits. A. Any person desirous of engaging in the practice of massage, as massage is defined in this Chapter, must first secure RWUB\RWM1837 7 CHAPTER 5.87 Oft MASSAGE ESTABLISHMENT either a site specific or citywide massagist's permit. Application shall be made to the City Manager in the same manner as provided herein for massage establishment permits. The application shall contain the following: 1. The business address and all telephone numbers where the massage is to be practiced; 2. Name, including all names, nicknames and aliases by which the applicant has been known; and residence address, including the two (2) previous addresses immediately prior to the present address of the applicant; 3. Social security number, driver's license number, if any, and date of birth; 4. Applicant's weight, height, color of hair and eyes, and sex; 5. Written evidence that applicant is at least eighteen (18) years of age; %M.r 6. A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations; 7. Fingerprints of the applicant taken by the Police Department; or proof of having obtained a valid massage permit or license in another Coachella Valley city which requires equivalent fingerprint investigation as determined by the Riverside County Sheriffs Department, said permit or license to have been obtained within one (1) year of the date of application to this City, and this City retaining the right to confirm the validity of the license and the applicant's record for the preceding two (2) years in the city where the license or permit was obtained. If fingerprints have already been obtained in another city, the fee will be reduced appropriately; 8. Two (2) front -face portrait photographs taken within thirty (30) days of the date of application and at least two inches by two inches (2" x 2") in size; „W9% 9. Training. F"U13\RWH\1837 8 CHAPTER 5.87 MASSAGE ESTABLISHMENT a. Citywide Massagist's Permit and Massage Establishment Permit. Transcript or Certificate of Completion verifying not less than five hundred (500) hours of training from any school or educational institution licensed or approved in the state it is located, whose purpose it is to upgrade the professionalism of massagists and which teaches the theory, ethics, practice, profession or work of massage. Schools offering correspondence courses not requiring actual attendance at classes shall not be deemed a "recognized school." b. Site Specific Massagist's Permit. Transcript or Certificate of Completion verifying not less than three hundred (300) hours of training from any school or educational institution licensed or approved in the state it is located whose purpose it is to upgrade the professionalism of massagist and which teaches the theory, ethics, practice, profession or work of massage. Schools offering correspondence courses not requiring actual attendance at classes shall not be deemed a "recognized school." With the minimum hours of certified training, applicant shall also submit a letter of intent to employ from an approved Massage Establishment or physician, surgeon, chiropractor, osteopath or healing art office shall be required. This letter shall state that the massage establishment operator has reviewed the applicant's qualifications and that the applicant has met the requirements necessary to perform massage treatments working under supervision at that facility. 10. The massage or, similar business history and_ experience ten (10) years prior to the date of application,_ including, but not limited to, whether or not such person, in 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 of denial, suspension or revocation; 11. The names, current addresses and written statements of at least five (5) 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 of California and lastly from the rest of the United States; RWUB\RWM 837 9 CHAPTER 5.87 MASSAGE ESTABLISHMENT 12. A medical certificate signed by a physician, licensed to practice in the State of California, within thirty (30) days of the date of the application, or proof of having obtained a valid massage permit or license in another Coachella Valley city which requires a medical certificate, and a copy of such medical certificate, said permit or license to have been obtained within 90 days of the date of application to this City, and this City retaining the right to confirm the validity of the license. 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; 13. 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 required to be set forth in the application; 14. Authorization for the City, its agents and employees �w to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit; 15. 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. B. Site Specific Massagist's Permit Limitations. A Site Specific Massagist's Permit shall allow the holder of such permit to engage in the practice of massage only at approved massage establishments or physician, surgeon, chiropractor, osteopath or healing art offices. C. Temporary Permits. The City Manager may issue a temporary massagist's permit to any person whose application is pending for a massagist's permit who has shown, to the satisfaction of the City Manager, that he or she has a massagist's permit in good standing in another jurisdiction which has comparable licensing provisions, including requirements for fingerprinting, a medical clearance and a background check. �w RMPUB\RWH\1837 1 CHAPTER 5.87 MASSAGE ESTABLISHMENT 5.87.090 Massage Establishment Operating Requirements. Each massage establishment shall comply with each of the following requirements: A. Conduct, or otherwise operate, a massage business only between the hours of 7:00 a.m. and 12 midnight; B. Post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises; C. Display the permit, and a copy of the permit of each massagist therein, in a conspicuous place on the premises; D. Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage, and the type of massage given. Such records will be made available upon request based on good cause, for inspection by the City Manager or Police Chief, or their designees. The information contained in such records shall be confidential; E. The premises shall have adequate equipment for disinfecting and sterilizing non -disposable instruments and materials used in administering massages. Such non -disposable instruments and materials shall be disinfected after each use on each patron; F. All employees, including massagists, shall be clean and wear clean, non -transparent outer garments, covering their specified anatomical areas; G. Amplified Sound. No loudspeakers or sound equipment shall be used by a massage establishment for amplification of sound to a level discernible by the public beyond the walls of the building in which use is conducted. H. No person shall give, or assist in the giving of, any massage or other body treatment to any other person under the age of eighteen (18) years, unless the parent or guardian of the minor person has consented thereto in writing. RMPU13\RWifi1837 11 CHAPTER 5.87 , MASSAGE ESTABLISHMENT I. Placement of Permit. The permit required by this Chapter shall be displayed in a prominent place. i. Maintain walls, ceilings, floor, pools, showers, bathtubs, water basins, toilets, wet,and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the massage business is in operation. Bathtubs shall be thoroughly cleaned after each use; K. Provide clean and sanitary towels, sheets and linens for each person. No common usage of sheets, towels and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one (1) person unless such towels, sheets and linens have been relaundered. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked "clean linen" and "soiled linen"; L. Cover pad used on massage tables in workmanlike manner with durable, washable plastic or other waterproof material; M. Unlock all exterior doors from interior side during business hours; N. No massage establishment .granted a license under the provisions of this Chapter shall place, publish or distribute, -or cause to be placed, published or distributed, any advertisement, picture or statement which is known, or through the exercise of reasonable care should be known, to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage service; O. It is unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a permitted establishment which is fitted with a door capable of being locked. Toilets and cubicles used solely for the application of liquid and vapor baths shall be clearly marked as to purpose on the exterior , door or curtain of said cubicle, room, or booth. Nothing contained herein shall be construed to eliminate other requirements of RMPUB\RWH\1837 12 CHAPTER 5.87 MASSAGE ESTABLISHMENT Statute, Ordinance or Municipal Code concerning the maintenance of premises, nor to preclude authorizedinspection thereof, whenever such inspection is deemed necessary by the police or health departments; P. No permitted establishment shall operate as a school of massage, or operate in the same location, or use the same facilities as that of a school of massage except as otherwise may be provided by law. 5.87.100 Prohibition Regarding Specified Anatomical Areas. A. It is unlawful for any massagist or any person on the premises of a massage establishment to expose to any other person or touch any specified anatomical areas, whether his or her own, or those of a client. B. It is unlawful for any person owning, operating, or managing a massage establishment knowingly to cause, allow, or permit in or about such massage establishment any agent, employee or any other person under his control or supervision to permit such acts prohibited in subsection A of this section. C. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. 5.87.110 Employment of and Services Rendered to Minors Prohibited. No holder of a massage establishment permit shall employ any person under eighteen (18) years of age without written parental consent; nor shall such permittee provide any service for which it requires said permit to any patron, customer or person under eighteen (18) years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of the minor upon whose behalf the massage service is requested. 5.87.120 Exemptions. The provisions of this chapter shall not apply to: A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist or any nurse or physical therapist working under the RWUB4WH\1837 13 CHAPTER 5.87 MASSAGE ESTABLISHMENT supervision of a physician, surgeon, chiropractor, osteopath, or acupuncturist duly licensed to practice their respective professions in the State of California. Practical nurses or other persons without qualifications as massagists or other persons not duly licensed by the State to practice pursuant to the Medical Practice Act, whether employed by a physician, surgeon, chiropractor, osteopath, or acupuncturist, may not give massages or massage procedures without obtaining a massagist's permit. B. The requirements of this Chapter shall not apply to any treatment administered in good faith in any course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the State or any other law of the State. C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the State of California without qualifications as a massagist , except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the customer or client for cosmetic or beautifying purposes. D. Massages or massage procedures as provided by or in connection with a physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to and a part of a physician, surgeon, chiropractor, osteopath or healing art office. The massage portion of the use shall be a minor use and the physician, surgeon, chiropractor, osteopath or healing art office use shall be the major use, with the_ massage portion of the use not occupying a significant or substantial portion of the business. The requirements of this Chapter regarding massage establishments shall not apply to this minor, ancillary use. 5.87.130 Massage Establishment; Application for Permit. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for a massage establishment, shall make an application, under oath, to the City Manager upon a form provided by the City Manager showing: A. The name, current permanent residential address and telephone number of the applicant; R.NTUBUt WH\ 1837 14 L- - , .,- CHAPTER 5.87 MASSAGE ESTABLISHMENT B. The business name, proposed business address of the massage establishment, and its telephone number. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. If the corporation is not publicly traded, it shall provide a copy of it articles of incorporation and shall show the name, residence address of each of the officers, directors, and each stockholder owning not less than ten percent (10%) of the stock of the corporation and the address of the corporation itself, if different than the address of the massage establishment. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the massage establishment; C. The name and permanent address of the owner of the property upon which the applicant intends to locate the massage establishment. If the property owner .is a corporation, the name shall be exactly as set forth in its articles of incorporation. If the corporation is not a publicly traded corporation, the applicant shall show the name and residence address of each of the officers, directors and stockholders owning not less than ten percent (10%) of the stock of the corporation. If the property owner is a partnership, the applicant shall show the name and residence address of each of its partners, including limited partners; D. In the event the applicant is not the owner of record of the real property upon which the massage establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a massage establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the massage establishment will be located; E. The date, hours and location where the massage establishment is proposed to be conducted, and the admission fee, if any, to be charged; F. The name(s) or person(s) having the management or supervision of tYie applicant's business; G. Whether or not the applicant has been convicted of a crime, the nature of such offense, the date of conviction, place F,WUB\RWH\ 1837 15 CHAPTER 5.87 ,m" MASSAGE ESTABLISHMENT convicted, and the sentence received therefor. If the applicant is a non -publicly traded corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; H. Whether or not the applicant has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a non -publicly traded 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; I. Driver's license or other acceptable identification and one social security number of the applicant. If the applicant is a non - publicly traded corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; J. Acceptable written proof that the applicant is at least eighteen (18) years of age. If .the applicant is a non -publicly traded corporation, this requirement applies to each of the. officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; K. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a non -publicly traded corporation this requirement applies to all officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to all partners, including limited partners; RWUB\RWH\1837 16 CHAPTER 5.87 MASSAGE ESTABLISHMENT L. The business, occupation or employment history of the applicant for the last five-year (5) period immediately preceding the date of filing for the application. If the applicant is a non - publicly traded corporation, this requirement applies to each -of the officers, directors, and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; M. Each residential and business address of the applicant for the five-year (5) period immediately preceding the date of the filing of the application. If the applicant is a non -publicly traded corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; N. One (1) front -face portrait photograph of the applicant at least two inches by two inches (2" x 2") and a complete set of applicant's fingerprints which shall be taken by the City police. If the applicant is a non -publicly traded corporation, one (1) front -face photograph at least two inches by two inches (2" x 2") of all officers, directors, and stockholders owning not less than ten percent (10%) of the stock of said corporation and a complete set of the same officers', directors', and stockholders' fingerprints which shall be taken by the City police; 0. The name and address of each massagist who is or will be employed in said establishment; P. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught as identified in Section 5.87.020, Subsection K; provided, however, that if applicant will not personally engage in the practice of massage or the day-to-day operation of a massage establishment, as defined herein, the applicant need not posses such diploma or certificate; Q. The name and address of any other massage establishment owned or operated by any person whose name is required to be given in Subsection B of this Section; RWUB\RWH\1837 17 CHAPTER 5.87 MASSAGE ESTABLISHMENT R. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a non -publicly traded corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; S. 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; T. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application; U. The names, current addresses and written statements of at least three (3) bona fide permanent residents 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, the state and, lastly, from the rest of the United States. These references must be persons other than relatives and business associates. If the applicant is a non - publicly traded corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; V. Applicant must furnish for any person whose name is required to be given in Subsection F the information required by Subsections A, I, J, K, L, M, N, P, Q, S, T, and U. The holder of the permit for a massage establishment shall notify the City's Department of Code Enforcement and Business Licenses of each change in any of the data required to be furnished by this Section within ten (10) days after such change occurs. RMPUB\RWH\ 1837 18 CHAPTER 5.87 MASSAGE ESTABLISHMENT 5.87.140 Renewal of Permit Upon application for a renewal permit., the applicant shall provide all of the information set forth in Section 5.87.130,- to the extent that such information is different than the information contained on previous applications. Renewals shall include a medical certificate as specified in 5.87.080 A.12. 5.87.150 Investigation. A. After an application for permit has been filed with the Director, he or she shall cause an investigation to be made by the City's Business Licenses Division . The Director 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 operate as a massage establishment and shall make written verification to the Director 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 Director 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 Director. The application shall further be referred to the City's Police Department for investigation of the applicant's character and qualifications. 5.87.160 Approval of Permits. The Director shall grant an application for permit within thirty (30) days after receipt of all information necessary for such decision including results of the investigation as specified in 5.87.150, if the following findings are made: A. Massage establishment location has been granted conditional use permit approval per Section 5.87.040. RMPUBlRwH11 R37 19 CHAPTER 5.87 MASSAGE ESTABLISHMENT MEM B. The conduct of the permittee, 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, including the provisions of this Chapter; 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 non -publicly traded corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent (10%) of the stock in the corporation. If the application 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: 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 conviction 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 Subsections D.1 or D.2 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of massage establishment; 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 or massagist's permit denied, revoked or suspended by the City, or any RWUB\RWH\1837 20 CHAPTER 5.87 MASSAGE ESTABLISHMENT other state or local agency, within five (5) 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 (10%) of the stock of said corporation, if the applicant is a non -publicly traded 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 non -publicly traded corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent (10%) 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 D.1 or D.2 of this Section if it finds that such conviction occurred at least five (5) 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. RWUB\RWM] 837 21 CHAPTER 5.87 ,,,,,* MASSAGE ESTABLISHMENT 5.87.170 Denial of Application. If the application is denied, the City Manager shall promptly give the applicant notice thereof and the findings for such denial. The applicant aggrieved by the action of the City Manager 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 a public hearing of the appeal, or may refer the matter to a hearing officer. The City Council may decide the matter based on the recommendations and findings of the hearing officer, if it so chooses. The decision of the City Council shall be final. 5.87.180 Suspension, Revocation of Permit. The City Manager shall suspend or revoke any permit issued under this Chapter if he finds and determines that: A. The business as conducted by permittee, its agent(s) or employee(s), or any person(s) connected or associated with the permittee as partner, director, officer, general manager or any,, other person(s), who is exercising managerial authority of, or on behalf of permittee acting under the authority of such permit, does not comply with all applicable laws, including but not limited to the City's Building, Zoning and Health Regulations; or B. Permittee, its agent(s) or employee(s), or any person connected or associated with the permittee as partner, director, - officer or general manager or other person(s), who is exercising - managerial authority of, or on behalf of permittee, acting under the authority of such permit, has: 1. Knowingly procured said permit by false statements, representations or nondisclosure of a material fact when such fact would have constituted good cause for denying the application for such permit or any document required by the city in conjunction therewith, or 2. The permittee has ceased to meet any of the requirements for issuance of a permit, or RWUB\RWM1837 22 CHAPTER 5.87 MASSAGE ESTABLISHMENT 3. Any failure on the part of the owner, manager or other person in charge of the premises to enforce the regulations set forth in this Chapter or to cooperate with the Police Department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises, or'. 4. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or 5. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood, or 6. The applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or 7. The applicant has been convicted of any crime. A conviction 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. 8. Such denial may be made only, if the act or crime referred to in Subsection B.6 or B.7 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of massage establishment. RWUB\Rw1fi1837 23 CHAPTER 5.87 MASSAGE ESTABLISHMENT 5.87.190. Inspection Required. The city shall, from time to time, make inspection of each massage establishment for the purposes of determining that the provisions of this Chapter are fully,complied with. It is unlawful for any permittee to fail to allow such inspection officers to the premises or hinder such officer in any manner. 5.87.200. Penalties. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. 5.87.210. Other Remedies. The provisions of Section 5.87.200 are not to be construed as exclusive remedies and, in the event of violation, the City may pursue any proceedings or remedies otherwise provided by law. 5.87.220 Conducting a Business as a Nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu -of prosecuting a criminal action, commence an action(s) or proceeding(s), for the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. 5.87.230. Sale or Transfer or Change of Location. RWU]3\RWM1837 24 CHAPTER 5.87 MASSAGE ESTABLISHMENT Upon sale, transfer or relocation of a massage establishment the permit therefor shall be null and void unless approved as provided in Section 5.87.160; provided, however, that upon the death or incapacity of the permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the massage establishment for a reasonable period of time not to exceed sixty (60) days to allow for an orderly transfer of the permit. 5.87.240. Transfer of Permit. No permit shall be transferable except with the consent of the City Manager. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 5.87.030. The written application for such transfer shall contain the same information as requested in this Chapter for initial application for the permit. RWU13\RWH\1837 25 ORDINANCE NO. 870 EXHIBIT "B" Chapter 5.86 BATHHOUSE, ESCORT BUREAU AND INTRODUCTION SERVICE Sections: 5.86.020 Definitions 5.86.030 Permits 5.86.040 Location. 5.86.050 Permitted establishments. 5.86.060 Amortization of nonconforming uses. 5.86.070 Operational criteria. 5.86.080 Registration of customers ---Records open to inspection. 5.86.090 Bathhouse and persons engaged therein ---Application for permit. 5.86.100 Escort's permit ---Application therefore. 5.86.110 Bathhouse ---Operating requirements. 5.86.120 Prohibition regarding specified anatomical areas and specified sexual activities. 5.86.130 Employment of and services rendered to minors prohibited. 5.86.140 Application for permit. 5.86.150 Renewal of permit. 5.86.160 Investigation. 5.86.170 Hearing notice. 5.86.180 Procedure of hearing. 5.86.190 Findings of hearings. Page 1 ORDINANCE NO. 870 5.86.200 Denial, Suspension, revocation of permit. 5.86.210 Approval. 5.86.220 Inspection required. 5.86.230 Penalties. 5.86.240 Other remedies. 5.86.250 Conducting a business as a nuisance. 5.86.260 Sale or transfer or change of location. 5.86.270 Transfer of permit. Page 2 6Z ORDINANCE NO. 870 5.86.020 Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter: A. Bathhouse" means any place where there is, given steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths, fomentations, alcohol rubs or any other types of rubs or giving salt glows or any type of therapy; any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations. B. "City manager" means the city manager of the city of Palm Desert, or his or her designated representative. C. "Director" means the Director of Community Development. D. "Employee" means any person over eighteen years of age other than an escort, who renders any service in connection with the operation of escort service, introductory service or bathhouse, and receives compensation from the operator of the business or patrons. E. "Escort" means any person who, for any consideration whatsoever: 1. Escorts, accompanies or consorts with another person to, from or about social affairs, entertainments, places of public assembly or places of amusement; 2. Escorts, accompanies or consorts with another person in or about any place of public or private resort or within any private quarters; 3. Escorts, accompanies or consorts with another person in or about any business or commercial Page 3 ORDINANCE NO. 870 establishment, or part or a portion thereof. F. "Escort bureau" means any business agency, or self-employed or independent escort who, for any consideration whatsoever, furnishes or offers to furnish an escort. G. "Introductory services" means a service offered or performed by any person for any consideration whatsoever, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipient thereof for the purpose of obtaining information about other persons to be used for social purposes. H. "Permittee" means the person to whom a permit has been issued. I. "Police chief' means the chief of the police department of the city of Palm Desert, or his or her designated representative. J. "Specified sexual activities" means: 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal intercourse, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of sexual relationship, and any of the following depicted sexually oriented acts or conduct; analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescense; or 3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or 4. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; 5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or --, Page 4 -4 ORDINANCE NO. 870 6. Erotic or lewd touching, fondling or other contact with an animal by a human being; or 7. Human excretion, urination, menstruation, vaginal or anal irrigation. K. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 496 § 1, 1987; Ord. 369 (part), 1984) 5.86.030 Permits. A. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the business of a bathhouse, escort bureau or introductory service as defined in this chapter, without possessing a permit issued pursuant to the provisions of this chapter for each and every separate office or place of business conducted by the above. The permit fee required hereby shall be in addition to any other license, permit or fee required under any of the provisions of this code. B. Neither the filing of an application for the permit, nor payment of any other license, permit or fee required under any other provision of this code, shall authorize the engaging in, conduction or carrying on of a bathhouse, escort bureau or introductory service. C. The application fee for a bathhouse, escort bureau or introductory service permit shall be five hundred dollars and the application fee for an escort's permit for each escort employed therein shall be one hundred dollars and is nonrefundable and shall be used to defray the cost of investigation, processing and hearing as set forth herein. The fee set forth herein shall be in effect until the city Page 5 ORDINANCE NO. 870 council shall by resolution fix some other rate based upon a cost factor. E. Escort's Permit Required. No person shall act as an escort, unless he or she has a valid and subsisting escort's permit issued to him or her by the city pursuant to the provisions of this chapter. F. All permits shall expire twelve (12) months from the date they were issued. Applications for renewal of a permit shall be made sixty (60) days prior to expiration of the renewal permit. The renewal application fee for a bathhouse, escort bureau or introductory service -permit shall be one hundred dollars and the renewal application fee for an escort permit and permit for each escort employed therein shall be fifty one hundred dollars. Said renewal application fees are nonrefundable and shall be used to defray the cost of investigation and processing said renewal applications. The fee set forth herein shall be in effect until the city council shall by resolution fix some other rate based upon a cost factor. (Ord. 369 (part), 1984) 5.86.040 Location. A. No bathhouse, escort bureau or introductory service shall be established in the following locations: 1. In any zone other than the C-1 zones or a PR zone in connection with and within a major hotel or country club facility; 2. Within one thousand feet of any R-1, R-1-M, R-2, R-3, PR, PC zone and one thousand feet of any other than C-1 zones in the city; 3. Within one thousand feet of any parcel of real property in which is located any of the following uses or facilities: a. Church, defined herein as any facility used primarily for worship of any religion, or used for Page 6 ORDINANCE NO. 870 other religious purposes, b. City, county, state, federal or other governmental public buildings, including but not limited to, city halls, libraries, police and fire stations and post offices, c. Schools, defined herein as: (I) institutions for teaching minor children (e.g., day schools, elementary schools, secondary schools, high schools), and (ii) institutions of higher learning receiving approved graduates of preparatory school and offering instructions in arts, letters and science, leading to the bachelor's degree or master's degree (e.g., colleges and universities). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations; 4. Within one thousand feet of any other bathhouse, escort bureau or introductory service; 5. Within one thousand feet of any business involving an on -premises sale of liquor or alcoholic beverages . B. The measure of reference distance in this paragraph shall be a straight line from the nearest property line containing the bathhouse, escort bureau or introductory service to the nearest property line of an affected use, without regard to intervening structures. (Ord. 483 § 1, 1986; Ord. 369 (part), 1984) 5.86.050 Permitted establishments. Any establishment not specifically permitted by the provisions of this section shall be prohibited until such time as this section may be amended to permit such establishment. The establishments specifically permitted are as follows: A. Escort bureau; Page 7 ORDINANCE NO. 870 B. Introductory services; and C. Bathhouse; All permitted establishments shall comply with all regulations and provisions of this chapter except as otherwise provided in this chapter. Nothing in this chapter shall be construed as permitting any activity otherwise prohibited by state or local law. (Ord. 671, 1992; Ord 487 § 1, 1987; Ord. 369 (part), 1984) 5.86.060 Amortization of nonconforming uses. The provisions of Title 25 of this code dealing with nonconforming uses shall not be applicable to bathhouses, escort bureaus or introductory services. Instead, the following amortization schedule shall apply to all bathhouses, escort bureaus or introductory services which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the ordinance codified in this chapter: A. For such an establishment legally existing in the city for a period of not less than six months preceding the effective date of the ordinance codified in this chapter: one hundred twenty days. B. For such an establishment legally existing within the city for a period of not less than three months preceding the effective date of the ordinance codified in this chapter: ninety days. C. For such an establishment legally existing within the city for a period up to three months preceding the effective date of the ordinance codified in this chapter: sixty days. (Ord. 369 (part), 1984) Page 8 ORDINANCE NO. 870 5.86.070 Operational criteria. In addition to the base zone requirements governing use and minimum development standards, and the applicable requirements set forth in Section 5.86.110 the following additional requirements shall be met by bathhouses, escort bureaus or introductory services: A. Said use shall have a separate business entrance adjacent to the required parking area and no other nonadult use shall be permitted in the same building space while used as a bathhouse, escort bureau or introductory service. . B. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building and safety division regulations and standards. C. All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building. D. Lighting in Parking Lots. Lighting shall be required which is designed to illuminate all off- street parking areas serving use for the purpose of increasing the personal safety of patrons and reducing the incident of vandalism and theft. E. Amplified sound. No loudspeakers or sound equipment shall be used by a massage establishment, bathhouse, escort bureau or introductory service, for amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted. F. The building entrance to the use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. As used herein, "minor" means an individual under the age of eighteen years. G. Commercial businesses licensed or operating within the city shall not display or exhibit any Page 9 ORDINANCE NO. 870 material in a manner which exposes to public view photographs or illustrations of specified sexual PM activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used herein, "exposed to public view" means exposes to the view of the person outside the building in which the commercial business is located. H. The permit required by this chapter shall be displayed in a prominent place. (Ord. 369 (part), 1984) 5.86.080 Registration of customers ---Records open to inspection. Every person who maintains, conducts or operates as an escort, escort bureau or introductory service shall at all times keep a registration book in connection therewith, in which each and every customer's first, middle and last name, age, telephone number and complete address shall be written together with the date of initial contact, all appointments and contacts made thereafter and the first, middle and last names of the escort of the person to whom the customer is socially introduced. Such records shall be made available, upon request, for inspection by the city manager or the police chief. (Ord. 369 (part), 1984) 5.86.090 Bathhouse and persons engaged therein ---Application for permit. Any person desirous of engaging in the operation of a Bathhouse, as defined in this chapter, must first secure a Bathhouse permit. Application shall be made to the City's Business License Division. The director 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 Page 10 ORDINANCE NO. 870 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 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. A. The business address and all telephone numbers where the activity is to occur, B. Name, including all names, nicknames and aliases by which the applicant has been know; 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 applicant 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 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. Similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person in 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 of denial, suspension or revocation; Page 11 ORDINANCE NO. 870 J. 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; K. 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; L. 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 herein before required to be set forth in the application; M. 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 qualification of the applicant for permit; N. 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. (Ord. 721 § 1, 1993; Ord. 532 § 1, 1988: Ord. 496 § 2, 1987; Ord. 369 (part), 1984) 5.86.100 Escort's permit --Application therefor. A. 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 director in the same manner as provided in this chapter for adult entertainment permits. The director shall approve the application and issue the permit if the Page 12 ORDINANCE NO. 870 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 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. B. The application shall contain all of the information set forth in Section 5.86.090 pertaining to bathhouse permits. 5.86.110 Bathhouse ---Operating requirements. No license to conduct a bathhouse shall be issued unless an inspection by the city reveals that the establishment complies with each of the following minimum requirements: A. Conducts, or otherwise operates, a bathhouse only between the hours of seven a.m. and twelve midnight; B. Post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises; C. Maintain a record which includes the date and time of each bath, the name and address of the patron, the name of the person administering such massage, and the type of massage given or bath taken. Such records shall be made available, upon request, for inspection by the city manager or police chief. The information contained in such records shall be confidential; D. Construction of rooms used for toilets, tubs, steam baths and showers shall be made Page 13 ORDINANCE NO. 870 waterproof with approved waterproofed materials and shall be installed in accordance with the city „," building code. Plumbing fixtures shall be installed in accordance with the city plumbing code: 1. Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the city, 2. - 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, 3. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning; E. All employees, shall be clean and wear clean, nontransparent outer garments, covering their specified anatomical areas, the use of which garments is restricted to theestablishment . A separate dressing room for each sex must be available on the premises. Each dressing room must provide individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self -closing; F. Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each twenty or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein; G. Provide a minimum of one bathtub or shower facility for the patrons; provided, however, if male and female patrons are to be served simultaneously, separate facilities shall be provided for Page 14 , "V ORDINANCE NO. 870 such patrons. Where baths, as defined in this chapter, are provided, and male and female patrons are to be served simultaneously, separate rooms or baths shall be provided for such patrons. Hot and cold running water under pressure from a potable source shall be provided to all wash basins, bathtubs, showers and similar facilities. Each water basin shall be provided with soap or detergent and single service towels placed in permanently'installed dispensers. A trash receptacle shall be provided in each room where such facilities are located. In addition to the wash basin for patrons, a minimum of one (1) separate wash basin shall be located within or as close as practicable to each area in which baths are taken; H. Maintain lighting intensity of not less than seventy footcandle power at floor level in any room or enclosure in all public rooms, hallways and within each room or enclosure where baths are taken; I. Maintain walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the bathhouse is in operation. Bathtubs shall be thoroughly cleaned after each use; J. Provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets, and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered. Heavy white paper may be substituted for sheets; provided, however, that such paper is used only for one person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and Page 15 ORDINANCE NO. 870 linens, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen"; 0"* K. Unlock all exterior doors from interior side during business hours; L. Provide a separate locker for each patron to be served, which locker shall be capable of being locked and available to each patron at no extra charge; M. All electrical equipment shall be installed in accordance with the requirements of the city's Uniform Building Code; 5.86.120 Prohibition regarding specified anatomical areas and specified sexual activities. A. It is unlawful for an escort, massagist or any person on the premises of a massage establishment bathhouse, escort bureau or introductory service to expose to any other person: 1. Any specified anatomical areas, whether his or her own, or those of another; 2. Any specified sexual activities. B. It is unlawful for any person owning, operating or managing a bathhouse, knowingly to cause, allow or permit in or about such bathhouse, any agent, employee or any other person under his control or supervision to permit such acts prohibited in subsection A of this section. C. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. (Ord. 532 § 3, 1988: Ord. 407 § 1, 1984; Ord. 369 (part), 1984) 5.86.130 Employment of and services rendered to minors prohibited. No holder of a bathhouse, escort bureau or introductory service permit shall employ any person under eighteen years of age; nor shall such permittee provide any service for which it requires said 0"t Page 16 ORDINANCE NO. 870 permit to any patron, customer or person under eighteen years of age, except at the special instance and request of a parent, guardian, or other person in lawful custody of the minor upon whose behalf the escort, massagist or introductory service is engaged. (Ord. 369 (part), 1984) 5.86.140 Application for permit. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for a bathhouse, escort bureau or introductory service shall make an application, under oath, to the city manager upon a form provided by the city manager showing: A. The name, current permanent residential address and telephone number of the applicant; B. The business name, proposed business address of the bathhouse, escort bureau or introductory service and its telephone number. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the bathhouse, escort bureau or introductory service. If the applicant is a partnership, the application shall show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the bathhouse, escort bureau or introductory service; C. The name and permanent address of the owner of the property upon which the applicant intends to locate the bathhouse, escort bureau or introductory service. If the property owner is a Page 17 ORDINANCE NO. 870 corporation, the name shall be exactly as set forth in its articles of incorporation ad the applicant ,,N% shall show the name and residence address of each of the officers, directors and stockholders owning not less than ten percent of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners; D. In the event the applicant is not the owner of record of the real property upon which the bathhouse, escort bureau or introductory service is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a bathhouse, escort bureau or introductory service is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the bathhouse, escort bureau or introductory service will be located; E. The date, hours and location where the bathhouse, escort bureau or introductory service is proposed to be conducted, and the admission fee, if any, to be charged; F. The name(s) or persons(s) having the management or supervision of the applicant's business; G. Whether or not the applicant has been convicted of a crime, the nature of such offense, the date of conviction, place convicted, and the sentence received therefor. 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; H. Whether or not the applicant has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such Page 18 ORDINANCE NO. 870 action of suspension or revocation. 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; I. Driver's license or other acceptable identification and social security number of the applicant. 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; J. Acceptable written proof that the applicant is at least eighteen years of age. 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; K. The height, weight, color of eyes, color of hair and date of birth of the applicant. 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; L. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. 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; M. Each residence and business address of the applicant for the five-year period immediately Page 19 ORDINANCE NO. 870 preceding the date of the filing of the application. If the applicant is a corporation, this requirement „R% 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; N: One front -face portrait photograph of the applicant at least tow inches by tow inches and a complete set of the applicant's fingerprints which shall be taken by the city police. If the applicant is a corporation, one front -face portrait photograph at least tow inches by two inches of all officers, directors, and stockholders owning not less than ten percent of the stock of said corporation and a complete set of the same officers', directors', and stockholders' fingerprings which shall be taken by the city police. If the applicant is a partnership, one front -face portrait photograph at least tow inches by two inches in size of each partner, including limited partners in said partnership, and complete set of each partner or limited partner's fingerprints which shall be taken by the city police; O. The name and address of each massagist or escort who is or will be employed in said establishment; P. The name and address of any other bathhouse, escort bureau or introductory service owned or operated by any person whose name is required to be given in subsection B; Q. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. 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; R. Authorization for the city, its agents and employees to seek information and conduct an Page 20 ORDINANCE NO. 870 investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; S. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application; T. The names, current addresses and written statements of at least three bona fide permanent residents 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. These references must be persons other than relatives and business associates. 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; U. Applicant must furnish for any person whose name is required to be given in subsection F the information required by subsections A, I, J, K, L, M, N, P, R, S, and T . The holder of the permit for a bathhouse, escort bureau or introductory service shall notify the city's department of code enforcement and business licenses of each change in any of the data required to be furnished by this section within ten days after such change occurs. (Ord. 369 (part), 1984) 5.86.150 Renewal of permit. Upon application for a renewal permit, the applicant shall provide all the information set forth in Section 5.86.150. (Ord. 369 (part), 1984) Page 21 ORDINANCE NO. 870 5.86.160 Investigation. A. 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 director and business licenses. The director and business licenses shall refer copies of the application to the following departments and agencies within five 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 days inspect the premises proposed to be operated as a bathhouse, escort bureau or introductory services and shall make written verification to the director 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 director 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 days after notice of noncompliance has been given by the director. 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, the application shall be set for a public hearing before the city council and the applicant notified of the date of such hearing. B. 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 days of the notice of denial, with the city clerk. The city council Page 22 ORDINANCE NO. 870 shall set a time and place for the public hearing. The decision of the city council shall be final. (Ord. 721 § 3, 1993: Ord. 532 § 4, 1988: Ord. 369 (part), 1984) 5.86.170 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 bather or escort permits. (Ord. 532 § 5, 1988: Ord. 369 (part), 1984) 5.86.180 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, 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 bathhouse, escort bureau or introductory service. This procedure shall not apply to applications for individual or escort permits. (Ord. 532 § 6, 1988: Ord. 369 (part), 1984) Page 23 ORDINANCE NO. 870 5.86.190 Findings of hearings. At the conclusion of the hearing before the city council, the city council shall grant an application for a bathhouse, escort bureau or introductory service permit if the following findings are made: 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 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 bathhouse, escort bureau or introductory 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 conviction 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, Page 24 ORDINANCE NO. 870 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 bathhouse, escort bureaus 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 bathhouse, escort bureau or introductory service, 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 any 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 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. (Ord. 532 § 7, 1988: Ord. 369 (part), 1984) Page 25 ORDINANCE NO. 870 5.86.200 Denial, suspension, revocation of permit. After notice and hearing pursuant to the procedures provided in this chapter the city council shall deny, suspend or revoke any permit applied for, or issued under this chapter, if it finds and - determines that: A: The business as conducted by permittee, its agent(s) or employee(s), or any person(s) connected or associated with the permittee as partner, director, officer, general manager or other person(s), who is exercising managerial authority of, or on behalf of permittee acting under the authority of such permit, does not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; or B. Permittee, its agent(s) or employee(s), or any person connected or associated with the permittee as partner, director, officer or general manager or other person(s), who is exercising managerial authority of, or on behalf of permittee, acting under the authority of such permit, has: 1. Knowingly procured said permit by false statements, representations or nondisclosure of a material fact when such fact would have constituted good cause for denying the application for such permit or any document required by the city in conjunction therewith, or 2. The permittee has ceased to meet any of the requirements for issuance of a permit, or 3. Any failure on the part of the owner, manager or other person I charge of the premises to enforce the regulations set forth in this chapter or to cooperate with the police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises, or 4. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or 5. Noise from the establishment for which the permit was issued interferes with the peace and Page 26 ORDINANCE NO. 870 quiet of the neighborhood, or 6. The applicant has done any act involving dishonest, fraud or deceit with the intent to substantially benefit himself, herself or another, or substantially injure another, or 7. The applicant has been convicted of any crime. A conviction 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. 8. Such denial may be made only, if the act or crime referred to in subsection B6 or B7 hereinabove must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of bathhouse, escort bureau or introductory services. (Ord. 369 (part), 1984) 5.86.210 Approval. The city council shall act to approve or deny an application for a permit under this chapter within a reasonable period of time and in no event shall the city council act later than ninety days from the date that said application was deemed complete by the director, including completion of the background investigation. (Ord. 369 (part), 1984) 5.86.220 Inspection required. The city shall from time to time make inspection of each bathhouse, escort bureau or introductory service for the purposes of determining that the provisions of this chapter are fully Page 27 ORDINMCE NO. 870 complied with. It is unlawful for any permittee to fail to allow such inspection officer access to the premises or hinder such officer in any manner. (Ord. 369 (part), 1984) 5.86.230 Penalties. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (Ord. 369 (part), 1984) 5.86.240 Other remedies. The provisions of Section 5.86.210 are to be construed as added remedies and not in conflict or derogation of any other actions or proceeding or remedies otherwise provided by law. (Ord. 369 (part), 1984) 5.86.250 Conducting a business as a nuisance. Any bathhouse, escort bureau or introductory service operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action, in accordance with Chapter 1 of the Codes, commence an action(s) or proceeding(s), for the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin Page 28 ORDINANCE NO. 870 any person from operating, conducting or maintaining a bathhouse, escort bureau or introductory service contrary to the provision of this chapter. (Ord. 369 (part), 1984) 5.86.260 Sale or transfer or change of location Upon sale, transfer or relocation of a bathhouse, escort bureau or introductory service the permit therefor shall be null and void unless approved as provided in Section 5.86.200; provided, however, that upon the death or incapacity of the permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the bathhouse, escort bureau or introductory service for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit. (Ord. 369 (part), 1984) 5.86.270 Transfer of permit. No permit shall be transferable except with the consent of the city council. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section 5.86.030. The written application for such transfer shall contain the same information as requested in this chapter for initial application for the permit. (Ord. 369 (part), 1984) Page 29