Ord 265ORDINANCE NO. 265
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 5.66 AND AMENDING SECTIONS 5.68.040 AND 5.68.220
OF THE POWAY MUNICIPAL CODE RELATING TO BATHHOUSES
AND MASSAGE ESTABLISHMENT PENALTIES
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION I: Chapter 5.66 is hereby added to Title 5 of the Poway Municipal
Code to read as follows:
Chapter 5.66
BATHHOUSES
5.66.010 Definitions. Whenever in this Chapter the following words or
phrases are used, they shall mean:
A. "Bathhouse" shall mean any establishment having a fixed place of busi-
ness where any person engages in, conducts, or carries on any business of pro-
viding Turkish, Russian, Swedish, Finnish, hot air, vapor, electric cabinet,
steam sweat, mineral, salt, sauna, fomentation, alcohol, shower, tub or sponge
baths, soaking facilities such as a spa, or baths of any kind whatsoever. Any
establishment carrying on or permitting any combination of massage and bathhouse
shall be deemed a massage establishment and not a bathhouse. "Bathhouse" shall
not include hospitals, nursing homes, sanitariums, or establishments where a
person provides baths pursuant to his or her unrevoked certificate to practice
the healing arts under the laws of the State of California. "Bathhouse" shall
not include hotels, motels, and similar lodging establishments. "Bathhouse"
shall not include establishments primarily providing physical fitness services,
except where cubicles, rooms, or booths are provided for use by individual
patrons of such establishments.
B. "Person" shall mean any natural person, firm, association, club, organi-
zation, partnership, business trust, corporation, company, or any other entity
whatsoever which is recognized by law as the subject of rights of duties.
5.66.020 License Required. It shall be unlawful for any person to operate,
maintain or keep in the City any bathhouse without an annual license therefore
issued by the Director of Administrative Services, or designee. The license, or
any renewal thereof, may be denied if the bathhouse operation as proposed does
not comply with the provisions of this chapter, regulations adopted pursuant to
this chapter, and all other applicable laws, including, but not limited to,
applicable building and fire codes.
Ordinance No. 265
Page 2
5.66.030 Application for License or Renewal. Any person desiring a license
or renewal thereof required by this chapter shall make application to the
Director.
5.66.040 Application for a Bathhouse License. The application for a
license to operate a bathhouse shall set forth the exact nature of the baths to
be administered, the proposed place of business and facilities therefore, and
the name and address of each applicant. In addition to the foregoing, any
applicant for a bathhouse license shall furnish the following information:
A. The two previous addresses immediately prior to the present address of
applicant.
B. Written proof that the applicant is over the age of 18 years.
C. Applicant's height, weight, color of eyes and hair.
D. Two portrait photographs at least 2" x 2".
E. Business, occupation, or employment of the applicant for the three
years immediately preceding the date of the application.
F. The bathhouse or similar business license history of the applicant;
whether such person, in previously operating in this or another county or state
under license, has had such license revoked or suspended, the reason therefore,
and the business activity or occupation subsequent to such action of suspension
or revocation.
G. All criminal convictions except minor traffic violations.
H. Such other identification and information necessary to discover the
truth of the matters hereinbefore specified as required to be set forth in the
application.
I. Nothing contained herein shall be construed to deny to the Director the
right to take flngerprints and addltlonal photographs of the applicant, nor
shall anything contained hereln be construed to deny the right of said Director
to confirm the height and weight of the applicant.
J. If the applicant is a corporation, the name of the corporation shall be
set forth exactly as shown in its articles of incorporation; the names and resi-
dence addresses of each of the officers, directors and each stockholder owning
more than l0 percent of the stock of the corporation. If the applicant is a
partnership, the application shall set forth the name and residence address of
each of the partners, including limited partners.
5.66.050 Annual License Application Fee. The annual nonrefundable appli-
cation fee for the license required by this chapter shall be $100.00.
Ordinance No. 265
Page 3
5.66.060 Facilities Necessary. No permit to conduct a bathhouse shall be
Issued unless an lnspectlon by the Director and the Health Offlcer reveals that
the establishment complies with each of the following minimum requirements:
A. Construction of rooms used for toilets, tubs, steam baths, and showers
shall be made waterproof with approved waterproof materials.
1. For toilet rooms, toilet room vestibules and rooms contalning
bathtubs, there shall be a waterproof floor covering, which will be carried up
all walls to a height of at least six inches. Floor shall be covered up on base
with at least 3/4 inch cover. The walls of all toilet rooms and rooms con-
taining bathtubs shall be finlshed to a height of slx feet from a smooth, nonab-
sorbant finish surface of Keene cement, tile, or similar material.
2. Steam rooms and shower compartments shall have approved waterproof
floors, walls and ceilings.
3. Floors of wet and dry heat rooms shall be adequately pitched to one
or more floor drains properly connected to the sewer. (Exception: dry heat
rooms with wooden floors need not be provided with pitched floors and floor
drains.)
4. A source of hot water shall be available within the immediate
vicinity of dry and wet heat rooms to facilitate cleaning.
B. Toilet facilities shall be provided in convenient locations, and every
bathhouse shall provide at least one water closet. When five or more employees
and patrons of each sex are on the premises at the same time, separate toilet
facilities shall be provided. A single watercloset per sex shall be provided
for each 20 employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for water closets in the toilet facillty for males
after one water closet has been provided; provided however, that there shall be
at least one water closet for each 60 employees or patrons of the male sex. All
toilet rooms shall be equipped with self-closing doors openlng in the direction
ingress to the toilet rooms. Toilets shall be designated as to the sex accom-
modated therein.
C. Lavatories or wash basins provided with both hot and cold running water
shall be installed in either the toilet room or the vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with sanitary
towels.
D. All portions of bathhouse establishments and baths shall be provided
with adequate light and ventilation by means of windows or skylights with an
area of not less than 1/8 of the total floor area, or shall be provided with
approved artificial light and a mechanical operating ventilating system. Areas
of the bathhouse, other than those areas provided only to individual patrons,
Ordinance No. 265
Page 4
shall at all tlmes durlng bathhouse operatlon have a direct illumlnatlon level
of at least 15 footcandles of 11ght measured 30 inches above the floor. When
windows or skylights are used for ventilation, at least 1/2 of the total
required wlndow area shall be operable.
To allow for adequate ventilation, cubicles, rooms, and areas provided for
patrons' use not served directly by a required window, skylight, or mechanical
system or ventilation shall be constructed so that the height of partitions does
not exceed 75 percent of the floor-to-ceiling height of the area in which they
are located.
5.66.070 Operating Requirements. All bathhouse licensees shall comply with
the following operating requirements:
A. Every portion of a public bathhouse, including appliances, apparatus,
and personnel, shall be kept clean and operated in a sanitary condition.
B. All employees shall be clean and wear outer garments, whose use is
restricted to the bathhouse. Provision for separate dressing rooms for each sex
must be available on the premises, with individual lockers for each employee.
Doors to such dressing rooms shall open inward and shall be self-closing.
C. All bathhouses shall be provided with clean laundered sheets and towels
in sufficient quantities and shall be laundered between consecutive uses thereof
and stored in an approved sanitary manner. No towels or sheets shall be laun-
dered or dried in any public bathhouse unless such establishment is provided
with approved laundry facilities for such laundering and drying. Approved
receptacles shall be provided for the storage of soiled linens and paper towels.
D. Wet and dry heat rooms, shower compartments, and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs shall be
thoroughly cleaned after each use.
E. Provide educational programs for patrons in accordance with standards
promulgated by the Health Officer in consultation with the San Diego Regional
Task Force on AIDS.
5.36.080 Issuance of License for Bathhouse. The Director shall issue a
Bathhouse License if all the requirements for a bathhouse described in this
chapter are met and shall issue a license to any person who has applied for a
permit to operate a bathhouse unless the Director finds:
A. That the operation as proposed by the applicant, if permitted, would
not comply with all applicable laws.
B. That the applicant or any other person who will be directly engaged in
the management and operation of a public bathhouse has been convicted of:
Ordinance No, 265
Page 5
1. An offense invo]vlng conduct which required registration pursuant
to Section 290 of the Penal Code.
2. An offense involving the use of force and violence upon the person
of another that amounts to a felony.
3. An offense involving sexual misconduct with children.
4. An offense as defined under Sectlons 311, 647, subdivision (a),
647a, 315, 316, or 318 of the Penal Code of the State of California.
5. The Director shall disregard any conviction mentioned in subsec-
tions (a), (b), (c) or (d) of this section if he finds that the applicant has
fully completed any sentence imposed because of such conviction and has fully
complied with any conditions imposed because of such conviction, which convic-
tion has occurred at least three years prior to the date of application and
the applicant has not subsequently been convicted of any of the crimes herein
mentioned.
5.66.090 Register to be Maintained. The operator of a bathhouse must main-
tain a register of all persons employed as an employee of a bathhouse, which
register shall be available for inspection at all times during regular business
hours. The register shall contain the following information for each employee:
A. Name and residence address.
B. Social Security number and driver's license number, if any.
C. Employee's height, weight, color of eyes and hair.
D. Written evidence that the employee is over the age of 18 years.
E. Business, occupation or employment of the employee for the three years
immediately preceding the date of beginning employment with the bathhouse.
F. The Director shall have the right to take fingerprint and photographs
of an employee and the right to confirm the information contained in the
register.
5.66.100 Employment of Persons Under the Age of Eighteen Years Prohibited.
It shall be unlawful for the owner, proprietor, manager or any other person in
charge of any bathhouse to employ any person under the age of 18 years.
5.66.110 Sale or Transfer. Upon sale, transfer or relocation of a bath-
house, the license therefor shall be null and void.
Ordinance No. 265
Page 6
5.66.120 Name and Place of Business - Change of Location. No person
granted a 11cense pursuant to this chapter shall operate under any name or con-
duct his or her business under any designation or in any locatlon not specified
in his or her permit.
5.66.130 Daily Register. Every person who engages in or conducts a
public bathhouse as herein defined shall keep a daily register, approved in form
by the Director, of the number of patrons admitted, their hour of arrival and
their hour of departure. Said daily register shall at all time during business
hours be subject to inspection by the Health Officer and by the Director and
shall be kept on file for one year.
5.66.140 Locked Cubicle, Room, Booth, Etc. No service enumerated in
Section 5.66.010A of this chapter may be carried on within any cubicle, room, or
booth, or in any area within a bathhouse by whatever designation whatsoever
which is fixed with a door capable of being locked.
5.66.150 Private Rooms. No private room, as hereinafter defined, shall be
maintained within any bathhouse. "Private room: shall mean any enclosed space
large enough for more than one person to enter with a door capable of being
locked from the inside, unless one or more of the following applies:
A. There is an opening no less than five feet for more than six feet above
the floor through which the full exterior of the enclosure is viewable from the
exterior; or
B. The enclosure is not made available for use by patrons of the
establishment; or
C. No more than one person at a time is allowed to enter the enclosure,
the occupancy restriction is conspicuously posted on the entrance to the enclo-
sure, and there are no openings between any adjoining enclosures through which
physical contact between persons in adjoining enclosures is possible.
5.66.160 Monitoring and Expulsion of Customers.
A. No person shall operate a bathhouse unless employee monitors are pro-
vided for the exclusive and sole purpose of observation of activity on the bath-
house premises. Two monitors shall be provided for any floor or portion of a
floor open to patrons, provided, however, that the bathhouse operator may, in
the alternative, provide one monitor for each twenty patrons based on the
average hourly patronage for the bathhouse during the preceding calendar month,
calculated for the hours that the bathhouse is open, provided that at least one
monitor shall be on duty at all times that the bathhouse is open. The average
number of patrons during each hour shall be calculated from the daily required
by the provisions of Section 5.66.130. Such monitors shall survey the entire
portion of the bathhouse open to patrons every fifteen minutes.
Ordinance No. 265
Page 7
B. The bathhouse operator shall In~ediately expel from the premises any
and all persons observed causing the maximum occupancy requirements of this
chapter to be violated, any and all persons committing any crime on the premi-
ses, or any and all persons engaged in high risk sexual activity on the premi-
ses. For the purposes of this chapter, "high risk sexual activity" shall mean:
1. The placing of the male penis on or into the anus, vagina or mouth
of another person;
2. The placing of the mouth of one person on the anus or vagina or
penis of another person;
3. The contact of feces or urine of one person with any part of the
body of another person; or,
4. The entry of any part of the body of one person into the anus or
vagina of another person.
5.66.170 Display of License. Every person to whom or for whom a license
shall have been granted pursuant to the provisions of this chapter shall display
said permit in a conspicuous place in the bathhouse so that the same may be
readily seen by persons entering the premises.
5.66.180 Inspections. The Director and the Health Officer shall from time
to time, and at least once a month, make an inspection of each bathhouse for the
purpose of determining that the provisions of this chapter are complied with.
5.66.190 License Not Transferable. No bathhouse license shall be trans-
ferred from person to person or from one location to another.
5.66.200 Unlawful Activities-Public Nuisance, It shall be unlawful for any
person to give or administer any bath or baths as defined herein, or to give or
administer any of the other things mentioned in this chapter, which violate the
provisions of this chapter or the regulations adopted pursuant to this chapter
or which violate any state or local laws or ordinances. Any violation of this
provision shall be deemed grounds or revocation of the license granted
hereunder.
Any bathhouse operated, conducted or maintained contrary to the provisions of
Section 5.66.160 shall be and the same is hereby declared to be unlawful and a
public nuisance; and the City Attorney may immediately commence action or pro-
ceedings for the abatement and removal and enjoinment thereof in any manner pro-
vided by law. The remedies provided for herein shall be cumulative, and not
exclusive of any other remedies, civil or criminal, provided by law.
Ordinance No. 265
Page 8
5.66.210 Health and Sanitation Requirements and Regulations. Every bath-
house shall be maintained and operated in a clean and sanitary manner. All
bathhouses shall comply with all applicable building, health, zoning and fire
laws of the City of Poway. In addition, the Director and the Health Officer
may, after a noticed public hearing, adopted and enforce reasonable rules and
regulations not in conflict with, but to carry out, the intent of this chapter.
All bathhouse operators holding a valid license shall be given written notice of
the public hearing, including a copy of the proposed regulations, at least ten
days prior to the date of the hearing. In addition, notice of the public
hearing and a summary of the proposed regulations shall be published in an
appropriate newspaper of general circulation one time at least ten days prior to
the public hearing. The rules and regulations shall include reasonable
requirements to protect the health and safety of bathhouse patrons, including
reasonably necessary requirements for educational programs and other measures
for the prevention and control of the spread of Acquired Immune Deficiency
Syndrome (AIDS) and other infectious or communicable diseases.
5.66.220 Violations. Every person who violates any provision of this
chapter is guilty of a misdemeanor.
5.66.230 Denial~ Suspension or Revocation of License. Any license issued
pursuant to this chapter may be suspended or revoked by the Director on proof of
violation by the permittee of any provisions of state law, this chapter, City
ordinances or any rule or regulation adopted and approved pursuant to Section
5.66.210, or in any case where the Director, on the advice of the Health
Officer, determines the bathhouse is being managed, conducted, or maintained
without regard for the public health, or the health of patrons or customers, or
without due regard to proper sanitation or hygiene. Where a license is denied
or a license renewal is denied, or where a license is suspended or revoked by
the Director, such denial, suspension, or revocation shall be processed in
accordance with Chapter 5.04 hereof and may be appealed by the license applicant
or licensee in accordance with the provisions of said Chapter 5.04. In the
event such provisions are utilized, the Director of Administrative Services is
authorized to take the actions therein required or authorized of the City
Manager.
SECTION II: That Section 5.68.040 of the Poway Municipal Code is amended to
read as follows:
5.68.040 Definitions. Whenever in this chapter the following words or
phrases are used, they shall mean:
Ae
City.
"Building inspection" means the Planning Services Department of the
B. "Chief of Police" means the Chief of Police of the City.
Ordinance No. 265
Page 9
C. "Health Department" means the Health Department of the County.
D, "License" means the business license to operate a massage establishment
required by this chapter.
E. "Massage" means any method of pressure on or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the
external parts of the body with the hands or with the aid of any mechanical or
electrical apparatus or appliances with or without such supplementary aids as
rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, oint-
ments, or other similar preparations corrmonly used in this practice.
F. "Massage establishment" means any establishment having a fixed place of
business where any person, firm, association or corporation engages in or
carries on or permits to be engaged in or carried on any of the activities men-
tioned in subsection E of Section 5.68.040 of this chapter.
G. "Massage technician" means any person, including a trainee, male or
female, who gives or administers to another person, for any form of con-
sideration, a "massage" or "bath" as those words are defined in this chapter.
H. "Permit" means the permit to engage in the activities of a "massage
technician" required by this chapter.
I. "Person" means a natural person, firm, copartnership, association or
corporation.
J. "Recognized school" means any school or institution of learning, which
has for its purpose the teaching of the theory, method, profession, or work of
massage, and which has been approved pursuant to Section 29007.5 of the
California Education Code or pursuant to a similar code provision of another
state. {Ord. 29 §1 (part}, 1981: CC§66.504)
SECTION II: That Section 5.68.220 of the Poway Municipal Code is amended to
read as follows:
5.68.220 Violation-Penalty.
A. Every person, except those persons who are specifically exempted by this
chapter, whether acting as an individual, owner, employee of the owner, operator
or employee of the operator, or whether acting as a mere helper for the owner,
employee, or operator, or acting as a participant or worker in any way, who
gives "massages" or conducts "a massage establishment" or practices the giving
or administering of any of the services defined in Section 5.68.040 without
first obtaining the necessary permit or license shall be guilty of a mis-
demeanor.
Ordinance No. 265
Page 10
B. Any owner, operator, manager, or permittee in charge or in control of a
massage estab]ishment who knowingly employs a person performing as a massage
technician, as defined in this chapter, who is not in possession of a valid,
unrevoked permit or who allows such massage technician to perform, operate or
practice within such place of business ls guilty of a misdemeanor. (Ord. 29 §1
(part), 1981: CC§66.524)
SECTION III: Severability. If any section, subsection, subdivision,
paragraphs, sentence, clause or phrase of this ordinance or any part thereof, is
for any reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity of
effectiveness of the remaining portions of this ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsec-
tion, subdivision, paragraph, sentence, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or invalid or
ineffective.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
{30) days after the date of its passage; and the City Clerk of the City of Poway
is hereby authorized to use sun,nary publication procedures pursuant to
Government Code Section 36933 utilizing the Poway News-Chieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 31st day of May, 1988, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 14th day of June, 1988, by
the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Marjorie,K.~,Wahlsten, City Clerk
BRANNON, HIGGINSON, TARZY, KRUSE
Carl Kruse, Deputy Mayor
6/O/BATHl-10/CP23