Cudahy Municipal Code Ch. 8.20 Bathhouses and Similar Commercial Establishments

Acquired Immune Deficiency Syndrome (AIDS) is a fatal disease of epidemic proportions. Evidence exists that certain commercial establishments knowingly allow, and provide facilities for, their patrons to engage in sexual contact which poses a significant risk for the transmission of the human immunodeficiency virus (HIV), which has been associated with AIDS. Such conduct poses an unacceptable public health risk which must be eliminated. (Ord. 383 § 1. 2002 Code § 15-2.1).

The following terms as used in this chapter shall have the following meanings:

(1) “Bathhouse or similar commercial establishment” shall mean any business that charges a fee for admission and for that fee offers the use of one or more of the following:

(a) A swimming pool.

(b) A spa or whirlpool.

(c) A communal bath.

(d) Movies or videos for viewing on the premises.

Excluded from the definition of bathhouse or similar commercial establishment shall be any hotel or motel as defined in subsection (4) of this section.

(2) “Restricted activity” shall mean anal or vaginal intercourse or oral copulation.

In recognition that medical information about AIDS and how it is transmitted continues to develop, the health officer may amend the definition of restricted activity, when in his or her opinion such a change is supported by the then-available scientific information. Any such change shall be effective only after notice of such change is given to the city council and is published once a week for three weeks in a newspaper of general circulation in the city of Cudahy.

(3) “Private room” shall mean any enclosed space large enough for more than one person to enter with a door capable of being locked from the inside, unless one or more of the following applies:

(a) There is an opening no less than five feet nor more than six feet above the floor through which the full interior of the enclosure is viewable from the exterior; or

(b) The enclosure is not made available for use by patrons of the establishment; or

(c) No more than one person at a time is allowed to enter the enclosure and there are no openings between any adjoining enclosures through which physical contact between persons in such adjoining enclosures is possible.

(4) “Hotel” or “motel” shall mean a commercial establishment meeting all of the following requirements:

(a) The establishment holds itself out as being primarily in the hotel or motel business.

(b) The establishment is licensed by all applicable jurisdictions as a hotel or motel.

(c) The establishment complies with any applicable occupancy tax ordinance.

(d) The establishment complies with all applicable state, city, and county statutes, ordinances, and regulations controlling the operation of motels or hotels. (Ord. 383 § 1. 2002 Code § 15-2.2).

Any bathhouse or similar commercial establishment which maintains any private room or which admits patrons who engage in any restricted activity anywhere on the premises is declared to be a public health nuisance. (Ord. 383 § 1. 2002 Code § 15-2.3).

The health officer shall take all actions he deems necessary to abate any public health nuisance described in CMC 8.20.030. The action of the health officer may include, but is not limited to, an order that the bathhouse or similar commercial establishment cease all operation and not reopen without the specific written approval of the health officer. Any operator of any such public health nuisance who fails to comply with any order of the health officer shall be subject to all penalties provided in the health code of the city or otherwise provided by law. (Ord. 383 § 1. 2002 Code § 15-2.4).