Auburn Municipal Code Title XI Business Regulations

110 TELECOMMUNICATIONS 111 CABLE COMMUNICATION FRANCHISE PROCEDURES 112 MASSAGE ESTABLISHMENTS AND TECHNICIANS 113 PAWNBROKERS AND SECONDHAND DEALERS 114 BINGO GAMES 115 WIRELESS TELECOMMUNICATIONS FACILITIES 116 PEDDLERS, SOLICITORS AND VENDORS 117 AUCTION SALES; AUCTIONEERS 118 PRIVATE PATROL OFFICERS 119 AMBULANCES 120 VEHICLES FOR HIRE 121 AGGRESSIVE SOLICITATION 122 TOBACCO RETAILER LICENSE 123 SYRINGE EXCHANGE PROGRAMS PROHIBITED 124 ENTERTAINMENT ZONES

110 TELECOMMUNICATIONS

110 Community Antenna Television Systems (Sections 110.001-110.015) 110 Telecommunications Commission (Sections 110.030-110.033) 110 Cable Television Commission (Sections 110.045-110.048) 110 Radio And Television Reception Interference (Sections 110.060-110.063)

110 Community Antenna Television Systems (Sections 110.001-110.015) 110.001 Definitions 110.002 Use Of Telephone Facilities 110.003 Franchise To Operate 110.004 Franchises 110.005 Rights Reserved To The City 110.006 Permits And Authorizations; Commencement Of Work 110.007 Properties And Records Of Grantees 110.008 Changes Required By Public Improvements 110.009 Failure To Perform Street Work 110.010 Bonds 110.011 Insurance 110.012 Operation Standards 110.013 Miscellaneous Provisions 110.014 Violations 110.015 Definitions

For the purpose of this subchapter and §§ 110.030et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.

C.A.T.V. A community antenna television system as defined herein.

COMMUNITY ANTENNA TELEVISION SYSTEM . A system of antennae, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio services by cable or through its facilities as contemplated in this chapter. COMMUNITY ANTENNA TELEVISION SYSTEM shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television."

FRANCHISE . Any authorization granted pursuant to the provisions of this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the city. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city in accordance with the provisions of this code.

GRANTEE . The person, firm or corporation to whom or to which a franchise is granted by the Council pursuant to the provisions of this chapter and the lawful successor, transferee or assignee of the person, firm or corporation.

GROSS ANNUAL RECEIPTS . Any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city. GROSS ANNUAL RECEIPTS shall not include any taxes on services furnished by a grantee imposed directly on any subscriber or user by the city, state or other governmental unit and collected by a grantee for the governmental unit.

PROPERTY OF GRANTEE . All property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to the provisions of this chapter.

STREET . The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive now or hereafter existing as such within the city.

SUBSCRIBER . Any person or entity receiving for any purpose the CATV service of a grantee.

(1973 Code, § 7-1.01) (Ord. 583, eff. - -)

When and in the event the grantee of any franchise granted pursuant to the provisions of this chapter uses in his or her CATV system distribution channels furnished to the grantee by a telephone company whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise and the grantee makes no use of the streets independent of the telephone company furnished facilities, the grantee shall be required to comply with all of the provisions of this chapter as a "licensee," and, in such event, whenever the term "grantee" is used in this chapter, it shall be deemed to mean and include "licensee." No provision of this chapter shall be deemed or construed as requiring the granting of a franchise pursuant to the provisions of this chapter to a telephone company furnishing a channel service.

(1973 Code, § 7-1.02) (Ord. 583, eff. - -)

1. A non-exclusive franchise to construct, operate and maintain a CATV system within all or any portion of the city may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide the system pursuant to the provisions of this chapter.

2. No provision of this chapter may be deemed or construed so as to require the granting of a franchise when, in the opinion of the Council, it is in the public interests to restrict the number of grantees to one or more.

(1973 Code, § 7-1.03) (Ord. 583, eff. - -)

1. Applications for community antenna television system franchises shall be in writing, shall be filed with the Licensing-Revenue Officer, and shall contain the following information:

   1. The name and address of the applicant; if the applicant is a partnership, the application shall set forth the name and address of each partner; if the applicant is a corporation, the application shall set forth the names and addresses of the directors, main offices and major stockholders and associates of the corporation and the names and addresses of parent and subsidiary companies:

   2. A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant, the proposed location of the system and its various components; the manner in which the applicant proposes to construct, install, maintain and operate the system; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system;

   3. A description, in detail, of the public streets, public places and proposed public streets within which the applicant proposes or seeks authority to construct, install or maintain nay CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

   4. A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested:

   5. A statement or schedule in a form approved by the City Manager of the proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers shall accompany the application; (For unusual circumstances, such as underground cable required, or more than 150 feet of distance from the cable to the connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may he charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the city, service may be made available on the basis of the costs of materials, labor and casements if required by the grantee.)

   6. A copy of any contract, if existing, between the applicant and any public utility providing for the use of the facilities of the public utility, such as poles, lines or conduits:

   7. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation; (If a franchise is granted to a

person, firm or corporation posing as a front or as the representative of another person, firm or corporation and the information is not disclosed in the original application, the franchise shall be deemed voidable by the city at will.)

8. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing the applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system; and

   9. Such supplementary, additional or other information as the Council may demand at any time, and which the applicant shall provide, as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.

9. Upon the consideration of any such application, the Council may refuse to grant the requested franchise, or the Council, by ordinance, may grant a franchise for a CATV system to any such applicant as may appear from the application to be, in the opinion of the Council, best qualified to render proper and efficient CATV service to the television viewers and subscribers in the city. The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form a part of the franchise as granted.

   1. Any franchise granted pursuant to the provisions of this chapter shall include the following condition: "The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by the provisions of §§ 110.001 et seq . and 110.030 et seq . of the Auburn Municipal Code and for no other purpose whatsoever."

   2. The inclusion of the statement in any franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which the city may deem necessary to impose in connection with the franchise pursuant to the authority conferred by the provisions of this chapter.

(1973 Code, § 7-1.04)

1. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the franchise has become effective and. in addition, unless and until all things required in this section and in §§ 110.010 and 110.011 are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted pursuant to the provisions of this chapter. In the event any of such things are not done and completed in the time and manner required, the Council may declare the franchise null and void.

2. Within 30 days after the effective date of the ordinance awarding a franchise or within such extended period of time as the Council, in its discretion, may authorize, the grantee shall file with the Licensing-Revenue Officer its written acceptance, in a form satisfactory to the City Attorney, of the franchise, together with the bond required by the provisions of § 110.010, the insurance policy required by the provisions of § 110.011 and an agreement to be bound by and to comply with and do all things required of the grantee by the provisions of this chapter and the franchise. The acceptance and agreement shall be acknowledged by the grantee before a notary public and shall he in form and content satisfactory to and approved by the City Attorney.

(1973 Code, § 7-1.05)

(Am. Ord. 93-3, eff. 4-7-1993)

2. No franchise granted by the Council pursuant to the provisions of this chapter shall be for a term longer than 20 years following the date of acceptance of the franchise by the grantee or the renewal thereof.

(1973 Code, § 7-1.06)

1. Any grantee granted a franchise pursuant to the provisions of this chapter shall pay to the city, during the life of such franchise, a sum not to exceed 5% of the gross annual receipts of the grantee. The payment by the grantee to the city shall be made annually, or as otherwise provided in the grantee's franchise, by delivery to the Finance Director.

2. The grantee shall file with the city, within 30 days after the expiration of any calendar year, or portion thereof, during which the franchise is in force a financial statement prepared by a certified public accountant or person otherwise satisfactory to the Council showing in detail the gross annual receipts of the grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the city within 30 days after the time for filing the statements the sum set forth in this section and any unpaid balance thereof for the calendar year, or portion thereof, covered by the statements.

3. In any year, or portion thereof, following the first full year service has been provided and during which payments pursuant to the provisions of this section amount to less than $1,200 per year, the grantee shall pay the city, as a minimum, an amount equal to $1,200 per year.

4. The city shall have the right to inspect the grantee's records showing the gross receipts from which the franchise payments are computed and the right of audit and the recomputation of any and all amounts paid pursuant to the provisions of this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable pursuant to the provisions of this chapter or for the performance of any other obligation set forth in this chapter or the franchise granted.

5. In the event of any holding over after the expiration or other termination of any franchise granted pursuant to the provisions of this chapter without the consent of the city, the grantee shall pay to the city reasonable compensation and damages of not less than 50% of the total gross profits of the grantee during the period.

(1973 Code, § 7-1.07)

1. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the city and, for that purpose, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to any public utility or other grantee franchised or permitted to do business in the city.

2. No franchise granted pursuant to the provisions of this chapter shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television," and no grantee, directly or indirectly, shall install, maintain or operate on any television set a coin box or any other device or means for the collection of money for individual programs.

3. The grantee may make a charge to subscribers for installations or connections to its CATV system and a fixed monthly charge as filed and approved as provided for in this chapter. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with the application of the grantee, may be made without the prior approval of the Council expressed by

resolution.

(1973 Code, § 7-1.08)

1. Any franchise granted pursuant to the provisions of this chapter shall be non-exclusive.

2. No privilege or exemption shall be granted or conferred by any franchise granted pursuant to the provisions of this chapter except those privileges or exemptions specifically prescribed in this chapter.

3. Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the street or other public property.

4. Any franchise granted pursuant to the provisions of this chapter shall be a privilege to he held in personal trust by the original grantee. The franchise cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the Council expressed by resolution and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall he filed in the office of the Licensing-Revenue Officer within 30 days after any such transfer or assignment. The consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee shall show financial responsibility and shall agree to comply with all the provisions of this chapter; and provided, further, no such consent shall he required for a transfer in trust, mortgage or other hypothecation as a whole to secure an indebtedness.

5. Time shall be of the essence of any franchise granted pursuant to the provisions of this chapter. The grantee shall not be relieved of his or her obligation to comply promptly with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.

6. Any right of power in, or duty impressed upon, any officer, employee, department or board of the city shall be subject to transfer by the city to any other officer, employee, department or board of the city.

7. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter, or of any franchise issued pursuant to the provisions of this chapter or because of the enforcement of the provisions of this chapter.

8. The grantee shall be subject to all the requirements of city laws, rules, regulations and specifications heretofore or hereafter enacted or established.

9. Any franchise granted pursuant to the provisions of this chapter shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the city, from any utility company, or from others maintaining poles in streets.

10. Any franchise granted pursuant to the provisions of this chapter shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by the grantee, or any successor to any interest of the grantee, of or pertaining to the construction, operation or maintenance of any CATV system in the city, and the acceptance of any franchise granted pursuant to the provisions of this chapter shall operate, as between the grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the city to the effect that, as between the grantee and the city, any and all construction, operation and maintenance by any grantee of any CATV system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to such franchise and not under or pursuant to any other right, privilege, power,

immunity or authority whatsoever.

(1973 Code, § 7-1.09) (Am. Ord. 93-3, eff. 4-7-1993)

3. Any franchise granted pursuant to the provisions of this chapter shall be renewable on the application of the grantee in the same manner and upon the same terms and conditions as required by the provisions of this chapter for obtaining the original franchise, except those terms and conditions which are by their terms expressly inapplicable: provided, however, the Council, at its option, may waive compliance with any or all of the requirements of division (A) above.

(1973 Code, § 7-1.10)

4. Any franchise granted pursuant to the provisions of this chapter may be terminated prior to its date of expiration by the Council in the event the Council shall have found, after 30 days' notice of any proposed termination and public hearing, that:

   1. The grantee has failed to comply with any provision of this chapter, or by act or omission, has violated any term or condition of any franchise or permit issued pursuant to the provisions of this chapter;

   2. Any provision of this chapter has become invalid or unenforceable and the Council further finds that the provision constitutes a consideration material to the granting of the franchise; or

   3. The city acquires the CATV system property of the grantee.

(1973 Code, § 7-1.11)

(Ord. 583, eff. - -)

1. Nothing contained in this subchapter shall be deemed or construed to impair or affect in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this subchapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.

2. There is hereby reserved to the city every right and power which is required to be reserved or provided by the provisions of this subchapter or by any law of the city, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of the rights or powers heretofore or hereafter enacted or established.

3. Neither the granting of any franchise pursuant to the provisions of this subchapter nor any of the provisions contained in this subchapter shall be construed to prevent the city from granting any identical or similar franchise to any other person, firm or corporation within all or any portion of the city.

4. There is hereby reserved to the city the power to amend any provision of this subchapter so as to require additional or greater standards of construction, operation, maintenance or otherwise on the part of the grantee.

5. Neither the granting of any franchise pursuant to the provisions of this subchapter nor any provision of this subchapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

(1973 Code, § 7-1.12) (Ord. 583, eff. - -)

1. Within 60 days after the acceptance of the franchise, the grantee shall proceed with due diligence to obtain all the necessary permits and authorizations which are required in the conduct of its business, including, but not limited to any utility joint use attachment agreement, microwave carrier license and any other permit, license and authorization to be granted by duly constituted regulatory agencies having jurisdiction over the operation of C.A.T.V. systems or their associated microwave transmission facilities.

2. Withing 90 days after the commencement of the construction and installation of the C.A.T.V. system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter so that service to all areas designated on the map accompanying the application for a franchise, as provided for in § 110.004(A), shall be provided within 1 year after the date service was first provided.

3. Failure on the part of the grantee to commence and pursue diligently each of the requirements of this section and to complete each of the matters set forth in this chapter shall be grounds for the termination of the franchise under and pursuant to the provisions of § 110.004(H); provided, however, the Council, in its discretion, may extend the time for the commencement and completion of the construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.

(1973 Code, § 7-1.13) (Ord. 583, eff. - -)

1. 1. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in a manner as shall be approved by the Director of Public Works acting in the exercise of his or her reasonable discretion.

   2. The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way or within any privately-owned area within the city which has not yet become a public street but which is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the Director of Public Works.

   3. In those areas and portions of the city where the transmission and distribution facilities of both the public utility providing any telephone service and those of the utility providing gas and electric service have been or are to be placed underground, the grantee shall likewise initially construct, install, operate and maintain its transmission and distribution facilities underground. Undergrounding shall be at the grantee's own cost and expense, except that the city shall require the private developer or subdivider to reimburse the grantee for the actual cost to the grantee of the C.A.T.V. system's share of the main line and service trench costs. For the purposes of this division, "underground" shall include a partial underground system. Amplifiers in the grantee's transmission and distribution lines may be in appropriate housings as approved by the City Engineer. The city shall not in any manner be responsible for any cost incurred by any grantee in placing such transmission and distribution facilities underground.

(1973 Code, § 7-1.13) (Ord. 583, eff. - -; Am. Ord. 731, eff. 9-27-1978)

2. 1. In the event the use of any part of the CATV system is discontinued for any reason for a continuous period of 6 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the franchise of the grantee or the provisions of this chapter, or in the event the franchise has been terminated or canceled or has expired, the grantee, upon being given 10 days' notice, shall promptly remove from the streets or public places all such property and poles of such system other than any which the Director of Public Works may permit to be abandoned in place. In the event of the removal, the grantee shall promptly restore the street or other area from which the property has been removed to a condition satisfactory to the Director of Public Works.

   2. Any property of the grantee remaining in place 30 days after the termination or expiration of the franchise shall be considered permanently abandoned. The Director of Public Works may extend the time not to exceed an additional 60 days.

3. Any property of the grantee to be abandoned in place shall be abandoned in the manner as the Director of Public Works shall prescribe. Upon the permanent abandonment of the property of the grantee in place, the property shall become that of the city, and the grantee shall submit to the Director of Public Works an instrument in writing, to be approved by the City Attorney, transferring to the city the ownership of the property.

(1973 Code, § 7-1.15) (Ord. 583, eff. - -)

3. 1. At all reasonable times the grantee shall permit any duly authorized representative of the city to examine all the property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city or, upon reasonable request, are not made available in the city, and if the Council shall determine that an examination thereof is necessary or appropriate, all travel and maintenance expenses necessarily incurred in making the examination shall be paid by the grantee.

   2. The grantee shall prepare and furnish to the Director of Public Works, at the times and in the form prescribed by him or her, the reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.

   3. The grantee at all times shall make and keep in the city full and complete plans and records showing the exact location of all C.A.T.V. system equipment installed or in use in streets and other places in the city.

   4. The grantee shall file with the Director of Public Works, on or before March 31 of each year, a current map or set of maps drawn to scale showing all C.A.T.V. system equipment installed and in place in streets and other public places of the city.

(1973 Code, § 7-1.16) (Ord. 583, eff. - -)

The grantee, at its expense, shall protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place any property of the grantee when required by the Director of Public Works by reason of traffic conditions, public safety, street vacation, freeway and street construction, the change or establishment of street grades, or the installation of sewers, drains, water pipes,

power lines, signal lines, tracks or any other type of structures or improvements by public agencies; provided, however, the grantee, in all such cases, shall have the privileges and be subject to the obligations to abandon any property of the grantee in place as provided in § 110.007(B).

(1973 Code, § 7-1.17) (Ord. 583, eff. - -)

Upon the failure of the grantee to commence, pursue or complete any work required by law, or by the provisions of this chapter, or by its franchise to be done in any street or other public place within the time prescribed and to the satisfaction of the Director of Public Works, the Director of Public Works, at his or her option, may cause the work to be done, and the grantee shall pay to the city the cost thereof within 30 days after the receipt of the itemized amounts reported by the Director of Public Works to the grantee.

(1973 Code, § 7-1.18) (Ord. 583, eff. - -)

1. 1. The grantee, concurrently with the filing of an acceptance of award of any franchise granted pursuant to the provisions of this chapter, shall file with the Licensing-Revenue Officer, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at the sole expense of the grantee, a corporate surety bond, in a company and in a form approved by the City Attorney, in the amount of $15,000 renewable annually, and conditioned upon the faithful performance of the grantee and upon the further condition that in the event the grantee shall fail to comply with any 1 or more of the provisions of this chapter, or of any franchise issued to the grantee pursuant to the provisions of this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as set forth in this chapter which may be in default, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond.

   2. The condition shall he a continuing obligation for the duration of the franchise, and any renewal thereof, and thereafter until the grantee has liquidated all of its obligations with the city which obligations may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that 30 days' prior written notice of intention not to renew, cancellation or material change be given to the city.

2. Neither the provisions of this section. nor any bond accepted by the city pursuant to the provisions of this section, nor any damages recovered by the city thereunder shall he construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued pursuant to the provisions of this chapter or for damages, either to the full amount of the bond or otherwise.

(1973 Code, § 7-1.19) (Ord. 583, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

1. The grantee, concurrently with the filing of an acceptance of award of any franchise granted pursuant to the provisions of this chapter, shall furnish to the city and file with the Licensing-Revenue Officer, and at all times during the existence of any such franchise granted, shall maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy in protection of the city and

its officers, boards, commissions, agents and employees, in a company approved by the City Manager and a form satisfactory to the City Attorney, protecting the city and all such persons against liability for loss or damages for personal injury, death and property damage, occasioned by the operations of the grantee under the franchise, with minimum liability limits of $100,000 for the personal injury or death of any 1 person, $300,000 for the personal injury or death of 2 or more persons in any 1 occurrence and $100,000 for damages to property resulting from any 1 occurrence.

2. The policy required by the provisions of this section shall name the city and its officers, boards, commissions, agents and employees as additional insured and shall contain a provision that a written notice of cancellation or reduction in the coverage of the policy shall be delivered to the LicensingRevenue Officer 10 days in advance of the effective date thereof. If the insurance is provided by a policy which also covers the grantee or any other entity or person other than those named in this division, the policy shall contain the standard cross-liability endorsement.

(1973 Code, § 7-1.20) (Ord. 583, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

1. The C.A.T.V. system shall be installed and maintained in accordance with the highest and best accepted standards of the C.A.T.V. industry to the effect that subscribers shall receive the highest quality service possible.

2. In determining the satisfactory extent of the standards, the following, among others, shall be considered:

   1. The system shall be installed using all band equipment capable of passing the entire V.H.F. and F.M. spectrum, and it shall have the further capability of converting U.H.F. for distribution to subscribers on the V.H.F. hand.

   2. The system, as installed, shall be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence.

   3. The system and all equipment shall be designed and rated for 24 hour per day continuous operation.

   4. The system shall provide a nominal signal level of 2,000 microvolts at the input terminals of each TV receiver.

   5. The system signal-to-noise ratio shall not be less than 40 decibels.

   6. The hum modulation of the picture signal shall be less than 5%.

   7. The system shall use components having a VSWR of 1.4 or less.

(1973 Code, § 7-1.21) (Ord. 583, eff. - -)

1. When not otherwise prescribed in this chapter, all matters required by the provisions of this chapter to be filed with the City shall be filed with the Licensing-Revenue Officer.

2. The grantee shall pay to the city a sum of money sufficient to reimburse the city for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. The payment shall he made within 30 days after the city furnishes the grantee with a written statement of the expenses.

3. The grantee shall maintain an office within the city limits or at a location which subscribers may call without incurring added message or toll charges so that C.A.T.V. maintenance service shall be available promptly to subscribers.

4. No person in the existing service area of the grantee shall be arbitrarily refused service; provided, however, the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.

5. One connection to the system shall be furnished free of charge in each public school in the area covered by the C.A.T.V. franchise if cables and wires are available in the immediate area and the school pays the cost of connection to the cables or wires. The Council may require similar service to hospitals, fire stations or other similar facilities operated by a public or quasi-public agency.

(1973 Code, § 7-1.22) (Ord. 583, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

1. On and after February 20, 1969, it shall he unlawful for any person to establish, operate or carry on the business of distributing to any person in the city any television signals or radio signals by means of a C.A.T.V. system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter and unless the franchise is in full force and effect.

2. On and after February 20, 1969, it shall be unlawful for any person to construct, install or maintain within any public street in the city, or within any other public property of the city, or within any privately-owned area within the city which has not yet become a public street, but which is designated or delineated as a proposed public street on any tentative subdivision map approved by the city any equipment or facilities for distributing any television signals or radio signals through a C.A.T.V. system unless a franchise authorizing the use of the street, property or area has first been obtained pursuant to the provisions of this chapter and unless the franchise is in full force and effect.

3. It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised C.A.T.V. system within the city for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.

4. It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised C.A.T.V. system within the city for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound without payment to the owner of the system.

5. It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any cables, wires or equipment used for the distribution of television signals, radio signals, pictures, programs or sound.

(1973 Code, § 7-1.23) (Ord. 583, eff. - -) Penalty, see § 10.99

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

TELECOMMUNICATIONS . The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

TELECOMMUNICATIONS PROVIDER . Any individual, partnership, association, joint stock company, trust, corporation or governmental entity providing telecommunications service, and over which the city has been granted the authority under federal or state law to grant a franchise, permit, license, contract, certificate,

agreement or otherwise regulate or authorize the construction or operation of telecommunications services.

TELECOMMUNICATIONS SERVICE . The offering of telecommunications for a fee directly to the public or to the classes of users as to be effectively available directly to the public, regardless of the facilities used.

(1973 Code, § 7-1.25) (Ord. 96-8, eff. 7-24-1996)

110 Telecommunications Commission (Sections 110.030-110.033)

The City of Auburn Telecommunications Commission is hereby established.

(1973 Code, § 7-1.24) (Ord. 96-8, eff. 7-24-1996)

The Telecommunications Commission shall have the following purposes and duties:

1. To monitor franchise contract compliance by each telecommunications provider and to report to the City Council on the status of compliance at least once per year;

2. To review reports filed by each telecommunications provider,

3. To assist in performing rate regulation as provided under federal and state laws;

4. To receive, investigate and mediate unresolved customer service complaints;

5. To make recommendations to the city after independent and public investigation of the performance of each telecommunications provider so that the best information is available to the city in case of a minor or major default, and when preparing for a renewal of a franchise, permit, license, contract, certificate or agreement;

6. To assist in performing an annual financial audit of each telecommunications provider to assure the city is receiving the appropriate amount of franchise or other fees and to be used in rate regulation;

7. To encourage the widest and most innovative development of telecommunications service to the public working with telecommunications providers, any public or private group, organization or person; and

8. To perform such other tasks as the city might require regarding telecommunications.

(1973 Code, § 7-1.26) (Ord. 96-8, eff. 7-24-1996)

1. The Telecommunications Commission shall consist of 5 members.

2. The Council, shall first appoint 3 members to serve a 4-year term. The Council shall also first appoint 2 members to serve 2-year terms. Thereafter, all terms shall be for 4 years. Members may serve no more than two 4-year terms.

(1973 Code, § 7-1.27) (Ord. 96-8, eff. 7-24-1996)

The Telecommunications Commission shall meet quarterly or as needed. Notice of meetings and posting of agendas shall be as required by law.

(1973 Code, § 7-1.28) (Ord. 96-8, eff. 7-24-1996)

110 Cable Television Commission (Sections 110.045-110.048) 110.045 Establishment 110.046 Purposes And Duties 110.047 Membership; Appointments; Terms 110.048 Meeting Times

The City of Auburn Cable Commission is hereby established.

(1973 Code, § 7-1A.01) (Ord. 94-16, eff. 11-23-1994)

The Cable Commission shall have the following purposes and duties:

1. To monitor franchise contract compliances by the cable company and to report to the City Council on the status of compliance at least once per year;

2. To review quarterly reports filed by the cable company;

3. To assist in performing rate regulation as provided under federal and state laws;

4. To receive, investigate and mediate unresolved customer service complaints;

5. To make recommendations to the city after independent and public investigation of the performance of the cable company so that the best information is available to the city in case of a minor or major default, and when preparing for a renewal of a franchise;

6. To assist in performing an annual financial audit of the cable company to assure the city is receiving the appropriate amount of franchise fees and to be used in rate regulation;

7. To encourage the widest and most innovative development of cable services to the public working with the cable company, and telecommunication provider, any public or private group, organization or person;

8. To perform such other tasks as the city might require regarding the cable franchise.

(1973 Code, § 7-1A.02) (Ord. 94-16, eff. 11-23-1994)

1. The Cable Commission shall consist of 5 members.

2. The Council shall first appoint 3 members to serve a 4-year term. The Council shall also first appoint 2 members to serve 2-year terms. Thereafter, all terms shall be for 4 years. Members may serve no more than two 4-year terms.

(1973 Code, § 7-1A.03) (Ord. 94-16, eff. 11-23-1994)

The Cable Commission shall meet quarterly or as needed. Notice of meetings and posting of agendas shall be as required by law.

(1973 Code, § 7-1A.04) (Ord. 94-16, eff. 11-23-1994)

110 Radio And Television Reception Interference (Sections 110.060-110.063)

It shall be unlawful for any person to operate, sell or install within the city any machine, equipment, instrument, device, fixture or electrical apparatus which needlessly or unnecessarily disturbs or interferes in any way with radio or television reception when the interference can be prevented or corrected by means of repairs, adjustments, the installation of corrective appliances or devices or other practicable alteration. All such equipment shall comply with the requirements pertaining thereto of the Federal Communications Commission which shall be in effect at the time of the sale or installation.

(1973 Code, § 5-11.01) (Ord. 402, eff. - -)

Any electrical equipment, including, but not limited to electric stoves, heaters, water heaters, lighting fixtures, motors and diathermy or X-ray equipment, installed within the city shall be of a quality approved by the National Board of Fire Underwriters Laboratory, or the equivalent.

(1973 Code, § 5-11.02) (Ord. 402, eff. - -)

1. Any person installing or selling for installation within the city any electric stove, electric heater, electric motor, diathermy or X-ray equipment, electric water heater or fluorescent lighting fixtures shall report the installation or sale to the Building Official within 10 days after the sale or installation on a form provided by the city.

2. The report shall contain a statement that the person so installing or selling the equipment has personally inspected it and that it complies with the provisions of § 110.060.

3. The Building Official may thereupon inspect the equipment, and, in the event he determines that it does not comply with the provisions of § 110.060, the Building Official shall serve by registered mail a written notice thereof upon the seller or installer and upon the owner. The notice shall require the seller, installer or the owner to make the necessary modifications to the equipment so that the provisions of § 110.060 have been complied with.

4. In the event such compliance is not had within a period of 10 days thereafter, the equipment shall be removed or be made permanently inoperative by the seller, installer or owner at no cost to the city.

(1973 Code, § 5-11.03) (Ord. 402, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

1. It is the purpose and intent of the city to comply with California law while also protecting the health, safety, and welfare of the inhabitants of the city through the enactment of standards of professional competence and operational requirements which promote the therapeutic use of massage therapy.

2. This chapter is not intended to be exclusive and compliance with city regulations will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses including, without limitation, all zoning applications; business license regulations; building, fire, electrical, and plumbing codes; and health and safety laws and regulations applicable to professional or personal services businesses.

3. The California State Legislature implemented uniform statewide regulations pertaining to massage therapy and massage establishments (enacted by AB 1147 in 2014 and extended by AB 2194 in 2017 to January 1, 2021) now codified in Chapter 10.5 of Division 2 of the Cal. Business and Professions Code (commencing at §§ 4600 et seq .), hereinafter referred to as the Massage Therapy Act, which created a statewide system for issuing massage worker permits, thereby preempting local permitting systems and requirements. The statewide permitting system is administered by the California Massage Therapy Council (CAMTC).

4. The Massage Therapy Act authorizes local jurisdictions to enforce certain business licensing and to establish reasonable health and safety requirements for massage establishments, not in conflict with the Massage Therapy Act. To enable the city to carry out the local regulation and review of massage establishments found in the Massage Therapy Act, the city must maintain massage establishment regulations in this code.

5. The city wishes to promote the ethical practice of massage therapy as an important healing art and to prevent and discourage the misuse of massage therapy as a front for prostitution activities in violation of the law, including, but not limited to, subdivisions (a) and (b) of § 647 of the Cal. Penal Code, as may be amended.

6. The enhancement of the city's reasonable regulations on the operation of massage establishments and the conduct of all massage service providers will serve to reduce the risk of potentially injurious and illegal activity.

7. This chapter establishes a local regulatory system for massage establishments to operate within the city.

(1973 Code, § 5-18.01) (Ord. 724, eff. 5-10-1978; Am. Ord. 18-09, passed 7-9-2018)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

APPLICANT . Any person that seeks a massage establishment permit as required by this chapter.

APPROVED SCHOOL OF MASSAGE . Any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage therapists, which school requires a resident course of study of not fewer than 200 hours to be given before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study. Schools offering correspondence course(s) not requiring actual attendance of class shall not be deemed recognized schools. Schools not approved by the state of California under the provisions of § 4601(a) of the Cal. Business and Professions Code or an equivalent out of state school shall not be deemed recognized schools.

CALIFORNIA MASSAGE THERAPY COUNCIL (CAMTC) . The California Massage Therapy Council created pursuant to Cal. Business and Professions Code § 4602(a).

CERTIFICATE . The certificate, or conditional certificate, issued by CAMTC under to Cal. Business and Professions Code §§ 4601, 4604, 4604.1, and 4604.2 to massage therapists and to massage practitioners, as those terms are defined in Cal. Business and Professions Code § 4601.

CITY . The City of Auburn.

COMPENSATION . The payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value.

CONVICTED . Having entered a plea, or receiving a verdict, of guilty. CONVICTED also includes having entered a plea of nolo contendere.

INDEPENDENT CONTRACTOR . A person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job.

MANAGER . A person who supervises, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage establishment.

MASSAGE, MASSAGE THERAPY and/or MASSAGE SERVICES . The systematic and scientific manipulation and treatment involving the external manipulation or pressure of soft tissue for therapeutic purposes. MASSAGE THERAPY includes any method of pressure on or friction against, or stroking,

kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external surfaces of the body with hands, apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other similar preparations. Massage therapy scope of practice does not include diagnosis, prescribing of drugs or medicines, spinal or other joint manipulations, nor any service or procedure for which a license to practice medicine, chiropractic, physical therapy, acupuncture, or podiatry is required by law.

MASSAGE ESTABLISHMENT . A fixed place of business, premises, facility or membership club where any person gives, performs or administers massage for compensation.

MASSAGE ESTABLISHMENT PERMIT . A massage establishment permit issued under this chapter by the city.

MASSAGE PROFESSIONAL . Any person who performs or administers to another person massage for compensation. MASSAGE PROFESSIONALS shall include massage practitioners and massage therapists.

MOBILE MASSAGE SERVICES . Services in which a massage professional gives, performs or administers to another person a massage for compensation at a location other than a massage establishment permitted pursuant to this chapter.

OWNER . Any and all owners of a massage establishment including any of the following persons:

1. A sole provider as defined in this section;

2. Any general partner of a general or limited partnership that owns a massage establishment;

3. Any person who has an ownership interest in a corporation that owns a massage establishment;

4. Any person who is a member of a limited liability company that owns a massage establishment;

5. A massage professional acting as an independent contractor as defined in this section; and

6. All owners of any other type of business association that owns a massage establishment.

PERSON . Any natural person, individual, group, firm, association, partnership, corporation, company, sole proprietorship, or any other legal entity.

POLICE CHIEF . The Chief of Police of the city and/or his or her designee.

SOLE PROVIDER . A massage establishment where the owner owns 100% of the business, is the only person who provides massage services for compensation for that business, and has no other employees or independent contractors.

(1973 Code, § 5-18.02) (Ord. 724, eff. 5-10-1978; Am. Ord. 93-9, eff. 10-3-1993; Am. Ord. 18-09, passed 7-92018)

1. It is unlawful for any person to own, conduct, operate or maintain a massage establishment within the city without having a valid massage establishment permit issued pursuant to this chapter. Massage establishment permits shall also be required of any permanent or semi-permanent seated massage or reflexology installation. Applicants who have an existing massage establishment permit in good standing at the time of the enactment of this chapter shall submit an application for a massage establishment permit within 60 days of the enactment of this chapter.

   2. It is unlawful for any person to own, conduct, operate or maintain a massage establishment within the city unless all persons providing massage services for the massage establishment each hold a diploma or certificate of graduation from an approved school of massage.

• (Ord. 18-09, passed 7-9-2018)

It is unlawful for any person to advertise massage services within the city without complying with the requirements provided for in this chapter.

(Ord. 18-09, passed 7-9-2018)

112 Massage Establishment Permits (Sections 112.010-112.021)

• 112.018 Suspension And Revocation; Notice

1. An application for a massage establishment permit shall be made by the owner, as defined in § 112.002. Such application shall designate the person or persons who will be the manager, if applicable, of the premises.

2. All applications for permits shall be filed with the Police Chief on such forms as he or she may prescribe, and shall contain such information as the Police Chief shall reasonably deem necessary for the proper processing of the application; provided, however, that all persons certified pursuant to Chapter 10.5 (commencing with § 4600) of Division 2 of the Cal. Business and Professions Code shall be exempt from submitting to any test, medical examination, or background check, including a criminal background check or requiring submission of fingerprints for a federal or state criminal background check, and from complying with education requirements beyond what is required by Chapter 10.5 (commencing with § 4600) of Division 2 of the Cal. Business and Professions Code. The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been granted.

3. Subject to the exemption of division (B) of this section, any application for a massage establishment permit shall contain the following information:

   1. The full true name and any other names used by the applicant. If the applicant is:

      1. An individual, the individual shall state his or her full legal name;

      2. A partnership, the partnership shall state its complete name, address, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any. In addition, the application must designate the person who will provide

all information required by this chapter;

3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacities of all officers, directors, and/or members, and/or manager(s), and the name of the registered agent and the address of the registered agent for service of process. In addition, the application must designate the person who will provide all information required by this chapter; or

4. A limited liability company, or other business association, the company shall provide its complete name, address, the names of all principals, directors, and/or managers, its articles of organization and operating agreement. In addition, the application must designate the person who will provide all information required by this chapter.

5. The true, full and precise name under which the massage establishment is to be conducted, as well as any and all names under which the massage establishment is to be advertised.

6. The address where the massage establishment is to be located and all telephone numbers for the massage establishment.

7. The name and address of the owner of the real property upon or in which the proposed massage establishment is to be conducted and, if applicable, the lessor. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease.

8. The current residential address and telephone number of the owner, as well as the manager (if the manager is a different person) who will be principally in charge of the operation of the massage establishment, and the previous residential addresses and business addresses within the previous 5 years, if any.

9. The applicant's height, weight, eye color, and hair color.

10. Written proof to the satisfaction of the city that the applicant is at least 18 years of age.

11. The applicant's business, occupation or employment history for the 5 years immediately preceding the date of the application.

12. The massage or similar business license history of the applicant, including whether such person, previously operating in this city or another city, county or state under a license or permit, has had such license or permit revoked or suspended; and the reasons and dates for any such revocation or suspension.

13. All criminal convictions, except minor traffic violations.

14. Proof of diplomas or certificates of graduation from an approved school of massage of all proposed massage professionals and other employees or independent contractors who are or will be employed or retained in the massage establishment.

15. A clear, color photocopy of a valid, government issued identification card.

16. A complete set of fingerprints (LiveScan). The applicant shall be responsible for payment of any fingerprinting fees. Applicants in good standing as determined by the Police Chief are exempt from this requirement.

17. Authorization for the city, its agents, and employees to seek verification of the information contained in the application.

18. Such other identification and information as the Police Chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

19. A current and valid policy of insurance issued by an insurance company authorized to do business in the state of California evidencing that the applicant is insured under a liability insurance policy providing minimum coverage of $1,000,000 for injury or death to any 1 person

arising out of the operation of any massage establishment and the administration of a massage. Proof of insurance must be provided within 30 days of issuance of a massage establishment permit.

17. Proof of current city business license for the massage establishment.

18. A statement in writing and dated by the person providing the information, that he or she certifies under penalty of perjury, that all information contained in the application is true and correct.

19. In the event that the Police Chief requires further information, or deems the application incomplete, the applicant shall be notified in writing of the required information within 20 calendar days of submitting the application. Additional information shall be provided within 15 calendar days of the date of the request, after which time the application shall be deemed abandoned. Abandoned and incomplete applications shall be denied.

(Ord. 18-09, passed 7-9-2018)

A massage establishment shall be issued for a term of 2 years. It may be renewed by the Police Chief for additional 2- year periods upon application by the permittee unless the permit is suspended or revoked in accordance with §§ 112.018 and 112.019. An application for renewal shall be accompanied by a nonrefundable fee as established by resolution adopted by the City Council, as amended from time to time.

(Ord. 18-09, passed 7-9-2018)

Every application for a massage establishment permit shall be accompanied by a nonrefundable fee as established by resolution adopted by the City Council, as amended from time to time. The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by federal, state or local law. Applicants who have an existing massage establishment permit in good standing at the time of the enactment of this chapter are exempt from this fee requirement.

(Ord. 18-09, passed 7-9-2018)

1. Upon receipt of a completed massage establishment permit application, the Police Chief shall conduct an investigation, including an inspection of the massage establishment, if applicable, to ascertain whether a permit should be issued as requested. The Police Chief shall, within 45 calendar days of receipt of the completed application, approve, condition or deny the permit.

2. The police chief may deny a permit provided for in this chapter if he or she finds any of the following:

   1. The applicant, any owner, or any person directly engaged, employed, or retained in the massage establishment, has:

      1. Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Cal. Penal Code § 290, or conduct in violation of Cal. Penal Code §§ 266h, 266i, 314, 315, 316, 318, subsections (b) or (d) of Cal. Penal Code §§ 647, 653.22 or 653.23, as may be amended, or convicted of an attempt to commit or conspiracy to commit any of the above-mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Cal. Penal Code §§ 415 or 602, as may

be amended, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage;

2. Been convicted of a violation of Cal. Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058, as may be amended;

3. Been convicted of any offense in any other state or US territory, which is the equivalent of any of the above-mentioned offenses;

4. Been subjected to a permanent injunction against the conduction or maintaining of a nuisance pursuant to §§ 11225 through 11235 of the Cal. Penal Code, as may be amended, or any similar provisions of law in a jurisdiction outside the state of California;

5. Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit;

6. Committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit; or

7. Had a massage establishment permit or massage therapist/practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

2. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application.

   3. The application does not contain all the information required by § 112.010 and applicant fails to complete the application after having been notified of any additional information or documents required.

   4. The applicant is not at least 18 years of age.

   5. The massage establishment, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building, and safety requirements and standards imposed by the laws of the state and the ordinances of the city, including this chapter.

   6. The applicant failed to obtain all the necessary approvals from the necessary city departments or other governmental agencies, including, but not limited to, the city's development services department.

   7. The applicant has refused to or cannot meet the requirements established by this code.

   8. The required fee(s) have not been paid and/or any other requirements of this chapter have not been satisfied within the time specified.

   9. The massage establishment is proposed in the same location in which a massage establishment has previously been closed due to criminal activity within 1 year prior to the date of the application.

3. Notwithstanding division (B), the applicant shall not be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under § 4852.01 of the Cal. Penal Code, as may be amended, or on the basis that he or she has been convicted of a misdemeanor.

4. If the Police Chief, upon completion of the investigation, determines the applicant does not fulfill the requirements set forth in this chapter, the Police Chief shall deny the application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in § 112.014.

5. Upon issuance of any permit, the Police Chief may limit the permit by any condition reasonably necessary to preserve the intent and purpose of this chapter.

(Ord. 18-09, passed 7-9-2018)

The Police Chief shall cause a written notice of his or her decision to issue, condition or deny a permit to be mailed to the applicant by certified U.S. mail, postage prepaid, return receipt requested. An applicant aggrieved by the Police Chief's decision to condition or deny a permit may appeal such decision to the City Council by filing a written notice with the City Clerk within 14 calendar days of the applicant's receipt of the Police Chief's written notice of decision. If an appeal is not filed within such time, the Police Chief's decision shall be final.

(Ord. 18-09, passed 7-9-2018)

Upon appeal to the City Council, the permit application shall be scheduled by the City Clerk for a public hearing within 45 calendar days, or as soon thereafter as is practicable.

(Ord. 18-09, passed 7-9-2018)

1. The hearing shall be noticed in accordance with the Ralph M. Brown Act.

   2. Notice of hearing shall be given by the posting of notice on the premises where the activity is to be conducted for a period of not less than 5 calendar days prior to the date of the hearing. In addition, a copy of the notice of hearing shall be mailed to the applicant at least 5 calendar days in advance of the hearing.

   3. The City Clerk may give such additional notice of hearing as it deems appropriate in a particular case.

• (Ord. 18-09, passed 7-9-2018)

Following a public hearing, the City Council may grant the permit subject to such conditions as it deems reasonable under the circumstances, or it may deny the issuance of the permit if it finds any of the grounds specified in § 112.013(B). The decision of the City Council shall be final.

(Ord. 18-09, passed 7-9-2018)

Any permit issued under the terms of this chapter may be suspended or revoked by the Police Chief in writing upon determining that any of the grounds specified in § 112.019 exist. No permit shall be revoked or suspended by virtue of this section until a hearing has been held by the Police Chief. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least 5 calendar days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Service of notice may be either by personal delivery to the

person to be notified, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in his or her application for a permit. The hearing must be held within 10 calendar days of the date of service of notice.

(Ord. 18-09, passed 7-9-2018)

Any permit issued under the terms of this chapter may be suspended or revoked if any permittee, his or her agent, employee, or independent contractor:

1. Has violated or failed to comply with the terms and conditions of the permit;

2. Does any act which violates any of the grounds for denial of the permit;

3. Has violated any other provision of this chapter or any federal, state or local law or regulation relating to his or her permitted activity;

4. Has engaged in or permitted misconduct substantially related to the qualifications, functions or duties of the permittee;

5. Conducts the massage establishment in a manner contrary to the peace, health, or safety of the public;

6. Has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application;

7. Has been convicted of any of the crimes identified in § 112.013(B)(1)(a), (B)(1)(b) or (B)(1)(c); or

8. Engages in unprofessional conduct, including, but not limited to, the following:

   1. Engaging in sexually suggestive advertising related to massage services;

   2. Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation;

   3. Engaging in sexual activity while providing massage services for compensation;

   4. Practicing massage on a suspended or revoked permit;

   5. Practicing massage without a permit;

   6. Providing massage of the genitals or anal region;

   7. Providing massage of the female breasts without the written consent of the person receiving the massage and a referral from a licensed California health provider; or

   8. Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following:

      1. Attire that is transparent, see-through, or substantially exposes the massage professional's undergarments;

      2. Swim attire, if not providing a water based massage modality approved by the CAMTC;

      3. A manner that exposes the massage professional's breasts, buttocks, or genitals;

      4. A manner that constitutes a violation of § 314 of the Cal. Penal Code, as may be amended; or

      5. A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

(Ord. 18-09, passed 7-9-2018)

Any permittee aggrieved by the decision of the Police Chief in refusing to renew, suspending or revoking a permit may, within 14 calendar days from the issuance of the Police Chief's written decision, appeal to the City Council by filing a written notice with the City Clerk. During the pendency of the appeal to the City Council,

the permit shall remain in effect. If such appeal is not filed within 14 calendar days, the decision of the Police Chief shall be final. If an appeal is filed in a timely manner, the City Council shall, after notice as provided in § 112.016, hold a hearing on the appeal, and deny the renewal for any of the grounds specified in § 112.013 or suspend or revoke the permit for any of the grounds specified in § 112.019. The City Council's decision shall be final.

(Ord. 18-09, passed 7-9-2018)

1. If a massage establishment permit is suspended or revoked pursuant to this chapter, no permit shall be granted to the former permittee to conduct or carry on a massage establishment within 1 year after such suspension or revocation.

2. Furthermore, when an application for a permit is denied for cause, no new application for a permit from the same person shall be accepted within 1 year after denial unless the applicant can show a material change in his or her situation that would justify the issuance of such permit.

(Ord. 18-09, passed 7-9-2018)

112 Massage Establishment Operating Requirements (Sections 112.030-112.037) 112.030 Minors

It is unlawful for any person to employ or retain anyone under the age of 18 years as a massage professional. It is unlawful for any person under the age of 18 to perform services as a massage professional.

(Ord. 18-09, passed 7-9-2018)

1. It shall be the responsibility of a massage professional to refrain from providing massage services, if the massage professional has reason to believe that he or she has any communicable or contagious disease, any open wound of any nature, or any other condition which may be hazardous to the health of a client. Any massage professional having reason to believe that he or she may have any such disease or condition shall promptly notify his or her employer, or, if the massage professional is an independent contractor, to notify the person with whom he or she has been retained, and it shall thereafter be unlawful for the employer or owner to utilize the services of the massage professional unless the disease or condition is no longer present.

2. Whenever the manager has reason to suspect that a massage professional has a communicable or contagious disease, he or she shall require the suspected individual to have an examination by a licensed physician. If the massage professional is found to have a disease or condition which may be

hazardous to the health of a client, his or her employment or services rendered under contract shall be discontinued until reinstatement as a massage professional is approved in writing by a licensed physician certifying that the massage professional is free from communicable or contagious diseases.

(Ord. 18-09, passed 7-9-2018)

1. It is unlawful and a public nuisance to own, conduct, control, or operate a massage establishment unless the owner or manager designated in the application for the massage establishment is present within such massage establishment at all times.

2. An owner and/or manager shall be responsible for the conduct of all massage professionals while they are on the massage establishment premises. Any act or omission of any massage professional, whether an employee or an independent contractor, constituting a violation of the provisions of this chapter shall be deemed an act or omission of the owner or manager for the purposes of determining whether the massage establishment permit shall be revoked, suspended, conditioned, denied, or renewed.

3. No massage professional shall provide massage of the genitals or anal region of any client or the breasts of any female client without the written consent of the female client and a referral from a licensed California health care provider, nor shall any owner or manager of a massage establishment allow or permit such massage to the above specified areas. A massage shall not be given and no client shall be in the presence of a massage professional, independent contractor, owner, manager, or other employee of a massage establishment unless the client's genitals and the female client's breasts are fully covered by a non-transparent covering.

4. The hours of operation of the massage establishment must be posted in the front window, or on the door if there is no front window, and clearly visible from outside the establishment.

5. The owner or manager shall immediately provide to the Police Chief upon request the names and valid photo identification of all employees and independent contractors, the date of hire or termination, and proof of a diploma or certificate of graduation as provided in § 112.010(C)(11).

6. All owners, managers, massage professionals, other employees and independent contractors of the massage establishment shall be fully clothed at all times while furnishing massage services. No such individual shall dress while engaged in the practice of massage for compensation in any of the following:

   1. Attire that is transparent, see-through, or substantially exposes the individual's undergarments;

   2. Swim attire, if not providing a water-based modality approved by the CAMTC;

   3. A manner that exposes the individual's breasts, buttocks, or genitals;

   4. A manner that constitutes a violation of § 314 of the Cal. Penal Code, as may be amended; or

   5. A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

7. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

8. The massage establishment shall be open to inspection by the Police Chief, the Fire Chief, the Building Official, or their authorized representatives of the city during normal business hours of the massage establishment.

(Ord. 18-09, passed 7-9-2018)

All owners and managers shall comply with the following operating requirements for massage establishments as well as any other conditions specified by the Police Chief:

1. Structure . Massage establishments shall be carried on in a permanent building. The owner shall obtain all required building permits per the California Building Code (CBC).

2. Signs . Any signs shall be in conformance with the current sign ordinances of the city. Each owner and/or manager shall post and maintain, adjacent to the main entrance and the front of the business, a readable informational sign identifying the premises as a massage establishment.

3. Services list . Each owner and/or manager shall post and maintain a list of services available and the cost of such services in the lobby of the massage establishment in a conspicuous public place. The services shall be described in English. No owner or manager shall permit, and no person employed or retained by the massage establishment shall offer to perform, any services or charge any fees other than those posted.

4. Lighting . The interior of the massage establishment shall maintain adequate illumination to make the conduct of employees, independent contractors, and clients within the premises readily discernible. No strobe or flashing lights shall be used.

5. Ventilation . In each massage room, the owner and/or manager shall provide minimum ventilation in accordance with the applicable building and fire codes.

6. Toilet facilities . A minimum of 1 toilet and 1 separate wash basin shall be provided for clients in each massage establishment. The wash basin shall provide soap and hot and cold running water at all times and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser or hand dryer shall be provided at the restroom wash basin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.

7. Massage rooms . The room where massage is administered for each client shall have doors that remain unlocked at all times any client is in the room. A separate dressing area and clothing storage area is required where the massage is performed in a place other than where the client changes his or her clothing. Doors to such dressing rooms shall be self-closing.

8. Maintenance . Wet and dry heat rooms, shower rooms and bath and toilet rooms shall be thoroughly cleaned and disinfected as needed, but at least once each day the premises are open. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized at least on a daily basis when the massage establishment is in operation.

9. Massage tables . A massage table shall be provided in each massage room and all massages shall be performed on the massage table, with the exception of Thai, Shiatsu, and similar modalities of massage therapy, which may be performed on a padded mat on the floor. No more than one client may occupy a massage table at the same time. Beds and floor mattresses shall not be permitted on the premises.

10. Front door . One front door that enters into the lobby and/or other waiting room shall be provided for client use. All clients and any persons other than employees or independent contractors shall be required to enter and exit through the front door of the massage establishment.

(Ord. 18-09, passed 7-9-2018)

All owners and managers shall comply with the following operating requirements for massage establishments as well as any other conditions specified by the Police Chief:

1. Sanitation . Each owner and/or manager shall provide and maintain on the premises adequate equipment and supplies for disinfecting and sterilizing instruments used in providing massages. Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and in a sanitary condition. Appliances, apparatus, and equipment shall be disinfected after each use.

2. Linen . Shared use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use and stored in a sanitary manner.

3. Living quarters prohibited . No person or persons shall be allowed to reside, dwell, occupy or live inside a massage establishment at any time. A kitchen, if any, shall be for the sole use of employees and independent contractors, and shall be installed in an employee-only area.

4. Persons consuming alcohol or drugs. No person shall enter, be, or remain in any part of a massage establishment while under the influence of an alcoholic beverage or drug unless it is a drug prescribed for that individual. The owner or manager shall not permit any person under the influence of an alcoholic beverage or non-prescribed drug to enter or remain on such premises. Furthermore, no person shall administer or receive a massage while consuming or using an alcoholic beverage or drug unless it is a drug prescribed for that individual.

5. Recordings . No building or part thereof where massage or massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping or monitoring the activities, conversation or other sounds in the treatment room or room used by clients. In the event a portable recording device is located within a treatment room, the camera and/or microphone area of the device shall be covered so as to render those capabilities inoperable.

6. Warning devices . The presence of any device which can be utilized as an early warning system, to alert the employees or independent contractors of a massage establishment to the presence of law enforcement officers or city authorities is prohibited in any massage establishment. Said devices may include, but are not limited to, light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for fire alarms. Standard alert chimes to notify staff that a client has entered are permitted.

7. Coverings . Each massage establishment shall provide to all clients clean, sanitary, and opaque coverings of a minimum size of 30 inches by 60 inches, capable of covering the clients' specified anatomical areas, including, but not limited to, the genital area, buttocks, and female breasts. No shared use of such covering shall be permitted, and re-use is specifically prohibited unless adequately cleaned prior to its re-use.

8. Records . Every owner and/or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the client as confirmed by valid identification, the name of the massage professional administering such service and a description of the treatment or services rendered. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 2 years after such treatment or service.

9. Hours of operation . No massage establishment shall be open for business except during the hours of 6:00 a.m. to 10:00 p.m. on any day.

10. Doors . All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no massage establishment staff available to assure the security of clients and massage professionals who are behind closed doors. This division shall not apply to sole providers as defined in § 112.002 of this chapter.

11. Dress code for clients and visitors . Except for a client who is inside a massage room for the purpose of receiving a massage, no clients or visitors shall be permitted in or on the massage establishment premises at any time who are not fully clothed in outer garments of nontransparent material, or who

display or expose themselves in underclothing, sheer clothing, or similar intimate apparel that exposes the breasts, buttocks, or genital area.

12. Advertising .

1. Any advertising matter published or distributed shall include in legible print the massage establishment permit number.

2. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that:

   1. Depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than legitimate massage services;

   2. Depicts individuals in suggestive poses that would reasonably suggest to prospective clients that any service is available other than legitimate massage services; or

   3. Employs language in the text of any advertising that would reasonably suggest to prospective clients that any service is available other than legitimate massage services.

(Ord. 18-09, passed 7-9-2018)

1. All equipment and apparatus shall be kept in a clean and sanitary condition and shall be disinfected after each use.

2. No massage professional performing mobile massage services shall dress while engaged in the practice of massage for compensation in any of the following:

   1. Attire that is transparent, see-through, or substantially exposes the individual's undergarments;

   2. Swim attire, if not providing a water-based modality approved by the CAMTC;

   3. A manner that exposes the individual's breasts, buttocks, or genitals;

   4. A manner that constitutes a violation of § 314 of the Cal. Penal Code; or

   5. A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

3. Each massage professional performing mobile massage services shall have in his or her possession proof of an active and valid massage establishment permit while administering massage.

4. Mobile massage services must be performed in accordance with all other conditions as set forth in this chapter, and shall not include any services prohibited from being offered at a massage establishment under this chapter.

5. No mobile massage services shall be conducted except during the hours of 6:00 a.m. to 10:00 p.m. on any day.

6. No massage professional performing mobile massage services shall provide massage of the genitals or anal region of any client. No massage professional performing mobile massage services shall provide massage to the breasts of any female client without the written consent of the female client and a referral from a licensed California health care provider. A massage shall not be given and no client shall be in the presence of a massage professional performing mobile massage services unless the client's genitals and the female client's breasts are fully covered by a nontransparent covering.

7. A list of services shall be available for review of the client or authorized representative of the Police Chief upon request and shall be described in English. No massage professional shall offer to perform mobile massage services other than those listed.

8. No person shall administer or receive a mobile massage while under the influence of an alcoholic beverage or drug unless it is a drug prescribed for that individual.

(Ord. 18-09, passed 7-9-2018)

Every massage establishment permit issued pursuant to this chapter shall be conspicuously displayed so that it may be easily seen by any client or other person on the massage establishment premises.

(Ord. 18-09, passed 7-9-2018)

Any massage establishment permit issued pursuant to this chapter is valid only at the address, if applicable, and for the person specified therein and cannot be sold, transferred or assigned to any other person. Change of the massage establishment address requires the owner or manager to notify the Police Chief in writing 10 calendar days prior to the massage establishment moving to a new location and requires an inspection of the massage establishment prior to the massage establishment accepting clients for massage therapy. Failure to notify the Police Chief of the change of address shall render any permit void and any operation of a massage establishment unlawful.

(Ord. 18-09, passed 7-9-2018)

112 Exemptions, Violations, And Penalties (Sections 112.045-112.050) 112.045 Exemptions

The following persons and businesses shall be exempt from the requirements of this chapter.

1. Persons holding an active and valid certificate to practice the healing arts under the laws of the state of California and their employees and independent contractors, including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses, and licensed vocational nurses, when practicing the healing arts within the scope of an applicable license.

2. State-licensed hospitals, nursing homes, sanitariums, physiotherapy businesses, or other state-licensed physical or mental health facilities and their employees or independent contractors.

3. Approved schools of massage and their students in training, provided such students provide massage therapy only under the direct personal supervision of an instructor.

4. Barbers and cosmetologists who are licensed under the laws of the state of California, while providing massage therapy within the scope of their licenses, provided that such massage therapy is limited solely to the neck, face, scalp, feet, and lower limbs up to the knees, and hands and arms of their clients.

5. Persons who, acting within the scope of their employment, provide massage therapy to semiprofessional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within city limits.

6. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

7. Individuals administering massages or health treatment involving massage to persons participating in athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:

   1. The massage services are made equally available to all participants in the event;

   2. The event is open to participation by the general public or a significant segment of the public;

   3. The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;

   4. The sponsors of the event have been advised of and have approved the provisions of massage services; and

   5. The persons providing the massage services are not the primary sponsors of the event.

(Ord. 18-09, passed 7-9-2018; Am. Ord. 18-10, eff. 8-27-2018)

It is unlawful and a public nuisance to intentionally violate any of the provisions of this chapter. Violation of this chapter may be charged as either an infraction or a misdemeanor in the discretion of the City Attorney.

(Ord. 18-09, passed 7-9-2018)

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. 18-09, passed 7-9-2018)

In addition to the civil remedies and criminal penalties set forth above, the violation of any provision of this chapter may be subject to administrative enforcement under Chapter 10 of this code and shall be and is hereby declared a public nuisance subject to summary abatement thereunder and under Chapter 95 of this code.

(Ord. 18-09, passed 7-9-2018)

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.

(Ord. 18-09, passed 7-9-2018)