Mountain View Municipal Code Art. III Hot Tub/Sauna Establishments

It is the purpose and intent of this article to provide for the orderly regulation of hot tub/sauna establishments and hot tub/sauna establishment managing employees, as defined in this article, in the interests of the public health, safety and welfare by providing certain minimum building, sanitation and health standards for hot tub/sauna establishments and by providing certain minimum standards and regulations regarding the conduct and activities of the owners and managing employees of hot tub/sauna establishments.

(Ord. No. 23.78, 6/12/78.)

For the purpose of this article, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section:

a. "License" means the license to operate a hot tub/sauna establishment as required by this article.

b. "Licensee" means a person who has been issued a license pursuant to the requirements of this article.

c. "Permit" means the permit to engage in the activities of a hot tub/sauna establishment managing employee as required by this article.

d. "Permittee" means an individual who has been issued a permit pursuant to the requirements of this article.

e. "Person" means any individual, co-partnership, firm, association, joint stock company, corporation, or combination of individuals.

f. "Hot tub/sauna establishment" means any establishment having a fixed place of business where any person, as defined above, for compensation, engages in, conducts, carries on or permits to be engaged in, conducted or carried on:

1. Where Russian, Turkish, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, alcohol or baths of any kind whatsoever are given, administered or furnished; and/or

2. Where the public shall have access, on a rental basis, to private rooms or suites located within the establishment, in which are located or provided hot tubs, jacuzzis, saunas, showers, and/or related facilities, or any combination thereof.

The term "hot tub/sauna establishment" shall not include hospitals, nursing homes, sanitaria, or individuals holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or individuals working under the direction of any such certificated persons. The term "hot tub/sauna establishment" shall not include any type of a privately owned and operated health spa, gymnasium or exercise facility where the primary purpose of the establishment is the offering of exercise or physical fitness equipment and facilities to prospective patrons; even though such establishment may have, on its premises, facilities for hot baths, and/or hot tubs, jacuzzis, saunas and related facilities for the incidental use of patrons.

g. "Hot tub/sauna establishment managing employee" means and includes every owner, partner, manager, or supervisor, whether paid or not, who renders personal services of any type in the operation of a hot tub/sauna establishment. Individuals who are employed or hired by the owner or manager of, or who render personal services in the operation of, a hot tub/sauna establishment, but whose capacity is other than that of an owner, partner, manager or supervisor, shall not be deemed "managing employees" and shall not be required to obtain a permit pursuant to the provisions of this chapter.

Whenever, in this article, the singular form of any of the above defined terms is used, the same shall include the plural form of such term.

Whenever, in this article, certain numbers of days are specified in which actions must be taken, the number of days shall refer to calendar days.

(Ord. No. 23.78, 6/12/78.)

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises, or portion thereof, in the City of Mountain View, the operation of a hot tub/sauna establishment without first having obtained a license from the chief of police as required by this article.

(Ord. No. 23.78, 6/12/78.)

Any application for a license to operate a hot tub/sauna establishment shall be accompanied by a nonrefundable fee in an amount set by council resolution. The application fee shall be used to defray, in part, the costs of investigation and report, and is not made in lieu of any fees or taxes required under any other provision of the Mountain View City Code. Application forms shall be provided by the chief of police. Unless sooner suspended, revoked or voluntarily surrendered, a license to operate a hot tub/sauna establishment shall be renewed annually. An unrevoked license, or license which has not been suspended, may be renewed on a year-to-year basis on written application to the chief of police made at least two (2) months before its expiration date. The renewal fee shall be in an amount set by council resolution.

(Ord. No. 23.78, 6/12/78; Ord. No. 26.91, 12/10/91.)

The application for a hot tub/sauna establishment shall set forth the exact nature of the services and facilities to be offered, the proposed operating hours of the establishment, the activities to be conducted or engaged in on the premises, the proposed place of business and facilities thereof, and the name and address of each person who is to hold or have any type of ownership interest in the proposed hot tub/sauna establishment. The chief of police shall not be required to accept an application for a license which does not meet the requirements of this section and of Sec. 9.53.

In addition to the foregoing, an applicant for a license shall furnish the following information:

a. The two previous addresses immediately prior to the present address of applicant.

b. Written proof that the applicant is over the age of 18 years.

c. The applicant's height, weight, color of eyes and hair.

d. Two portrait photographs of the applicant at least 2″ x 2″.

e. The business, occupation, or employment of the applicant for a period of three years immediately preceding the date of the application.

f. The hot tub/sauna establishment or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason or reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

g. All criminal convictions of the applicant except minor traffic violations.

h. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

i. The chief of police shall have the right to take the fingerprints and additional photographs of the applicant, and the right to confirm the height and weight of the applicant.

j. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, directors and each stockholder owning more than ten (10) percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply.

(Ord. No. 23.78, 6/12/78.)

The provisions of subsections a, b, c, and d of Sec. 9.54, relating to requirements for corporate applicants, shall not apply to any of the following:

(1) A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York.

(2) A bank, trust company, financial institution or title company by which application is made or to whom a license is issued in a fiduciary capacity.

(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.

(Ord. No. 23.78, 6/12/78.)

It is unlawful for any person to act as or engage in the activities of a hot tub/sauna establishment managing employee unless such person holds a hot tub/sauna establishment managing employee permit issued by the chief of police as required by this article.

(Ord. No. 23.78, 6/12/78.)

Any application for a permit to operate as a hot tub/sauna establishment managing employee shall be accompanied by a nonrefundable fee in an amount established by council resolution. The application fee shall be used to defray, in part, the costs of investigation and report, and is not made in lieu of any fees or taxes required under any other provision of the Mountain View City Code. Application forms shall be provided by the chief of police. Unless sooner suspended, revoked, or voluntarily surrendered, the term of a hot tub/sauna establishment managing employee permit so issued shall last until such time as the permittee ceases working in the hot tub/sauna establishment.

(Ord. No. 23.78, 6/12/78; Ord. No. 26.91, 12/10/91.)

The application for a hot tub/sauna establishment managing employee permit shall contain the following:

a. Name and residence address of the applicant.

b. The applicant's social security number and driver's license number, if any.

c. The applicant's height, weight, color of eyes and hair.

d. Written evidence that the applicant is over the age of 18 years.

e. Business, occupation or employment of the applicant for a period of three years immediately preceding the date of the application.

f. Whether such person has ever been convicted of any felony or any crime mentioned in Sec. 9.70 of this article. If any person has been so convicted, a statement must be made giving the place and court in which said conviction was had, the specific charge or charges under which the conviction was obtained, and the sentence imposed as a result of such conviction.

g. The chief of police shall have the right to take fingerprints and photographs of the applicant and the right to confirm the information submitted.

h. The chief of police shall not be required to accept an application for a permit which does not meet the requirements of this section and of Sec. 9.57.

i. All hot tub/sauna establishment managing employee permits shall be personal to the individual to whom the permit is issued and shall not be transferable.

(Ord. No. 23.78, 6/12/78.)

All hot tub/sauna establishments shall comply with the following facilities and operations requirements and each of the requirements hereinafter listed shall be deemed conditions of any hot tub/sauna establishment license which is issued pursuant to the requirements of this article:

a. Hot tub/sauna establishments shall comply with all applicable provisions of the Mountain View City Code and with all applicable health and sanitation laws, rules and regulations of the County of Santa Clara and State of California.

b. Toilet and lavatory facilities shall be provided for employees and patrons of a hot tub/sauna establishment in a number and type not less than the minimum number and type specified in the Mountain View Plumbing Code for such type of use.

c. A hot tub/sauna establishment managing employee, as defined in Sec. 9.51.g, shall be and remain on the premises of the licensed hot tub/sauna establishment at all times during the operating hours of the establishment.

d. All suites and rooms within hot tub/sauna establishments, for the use of patrons, shall be provided with clean laundered sheets, towels and linens in sufficient quantities which shall be laundered between consecutive uses thereof and stored in an approved sanitary manner. The same sheets, towels and linens shall not be used in excess of one rental period. No sheets, towels or linens shall be laundered or dried in any hot tub/sauna establishment unless such establishment is provided with approved laundry facilities for such laundering and drying. Approved receptacles shall be provided for the storage of soiled sheets, linens, and towels.

e. All walls, ceilings, floors, pools, showers, bathtubs, hot tubs, jacuzzis, saunas, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, bathrooms, toilet rooms, saunas, jacuzzis, hot tubs, and individual suites shall be thoroughly cleaned in a manner acceptable to the Health Department of the County of Santa Clara.

f. To protect patrons from potential health and sanitary hazards, all hot tub/sauna establishment employees shall be clean and shall perform all services on the premises in full, clean outer garments.

g. Each service or facility offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location within the hot tub/sauna establishment. If the hot tub/sauna establishment contains within it one or more individual rooms or suites, the hourly rental rate for such individual rooms or suites shall also be posted in a conspicuous public location, along with the minimum and maximum periods of time such individual rooms or suites can be rented.

h. No mirrors of any type shall be placed at any location within or inside the hot tub/sauna establishment unless the approval of the chief of police has first been obtained; provided, however, that if the hot tub/sauna establishment is comprised of one or more individual rooms or suites, a small mirror, not more than three (3) square feet in size, may be placed on the door leading from such individual room or suite into any interior hallway within such establishment.

i. If the hot tub/sauna establishment is comprised of one or more individual rooms or suites which are rented to patrons, the interior of any such individual room or suite shall not be visible from any point outside the room or suite when the door leading from such individual room or suite into any interior hallway is closed.

j. No alcoholic beverages of any type shall be permitted to be brought into or consumed within or upon the premises or property of any hot tub/sauna establishment.

k. No nudity shall be permitted or allowed to occur in any interior hallways of the establishment, or in any communal or other open patron area or areas located within the hot tub/sauna establishment. Nudity shall only be permitted or allowed within the confines of an individual room or suite located within the establishment and then only by the patrons who have rented such room or suite.

l. No individual under the age of 18 years shall be allowed to enter into or to remain upon or within the premises of any hot tub/sauna establishment unless such individual is accompanied by his or her parent or guardian.

m. Massage services shall not be given or made available to patrons at hot tub/sauna establishments, unless the permittee has obtained and maintained in effect a massage establishment permit for the hot tub/sauna establishment. Hot tub/sauna establishments which offer massage services must comply with all provisions of Article II. Massages shall not be given in any rooms or areas in which a hot tub, sauna, shower or Jacuzzi is located, or in wet and dry heat rooms, steam or vapor rooms or cabinets, or bathrooms. All employees of the hot tub/sauna establishment who give massages to patrons must obtain and maintain in effect massage practitioner certificates pursuant to Article II.

n. All hot tub/sauna establishment employees, while on duty:

1. Shall remain fully clothed at all times;

2. Shall not remain inside any of the individual rooms or suites with any patrons of the establishment while the doors leading to the hallways from such rooms or suites are closed, except for those employees who have obtained and maintained in effect a massage practitioner certificate pursuant to Article II and who are engaged in giving a massage to a patron in a lawful manner.

3. Shall not perform, for compensation or otherwise, any type of personal services for the patrons of the establishment, which personal services consist of the touching of any part of the body of a patron with any part of the employee's body, except that if the permittee has obtained and maintained in effect a massage establishment permit for the hot tub/sauna establishment and massage practitioners employed by the establishment have obtained and maintained in effect a massage practitioner certificate, massage services may be provided in accordance with Article II and this section.

(Ord. No. 23.78, 6/12/78; Ord. No. 17.93, 9/14/93.)

The chief of police shall investigate the appli-cant's background and qualifications and shall investigate the premises where the hot tub/sauna establishment is to be operated for the purpose of assuring that such location does not pose a police problem and that the operation of the business will be in the interest of the public health, safety and welfare.

(Ord. No. 23.78, 6/12/78.)

When an application is filed for a hot tub/sauna establishment license under this article, the chief of police shall fix a time, date, and place for a hearing to be held by him regarding issuance of the license. The hearing shall be held within thirty (30) days after a completed application has been filed. At least seven (7) days prior to the date of the hearing, the chief shall give the applicant written notice of the date, time and place of the hearing. In addition, the chief shall also give written notice of the hearing to each member of the city council and to any person who has filed with the police department a written request to be notified of all hearings regarding the issuance of hot tub/sauna establishment licenses. The failure of any person, other than the applicant or members of the city council, to receive notice of said hearing, shall not invalidate the actions taken by the chief as a result of said hearing.

(Ord. No. 23.78, 6/12/78.)

The chief of police, upon receiving an application for a hot tub/sauna establishment license, may refer the application to the city's building, fire and/or planning departments, which departments may inspect the premises proposed to be devoted to a hot tub/sauna establishment and which departments may thereafter make separate written recommendations to the chief of police concerning compliance with the codes which they administer.

(Ord. No. 23.78, 6/12/78.)

Within fourteen (14) days after the chief of police has closed his public hearing, he may refuse to issue a license if he finds:

a. That the operation, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the city's building, city planning and fire codes, or regulations adopted by the chief of police.

b. That the operations of the proposed hot tub/sauna establishment would be injurious to the health, safety and welfare of the people of the City of Mountain View.

c. That the applicant or any other person who will be directly engaged in the management and operation of the hot tub/sauna establishment has, within five (5) years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of:

1. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code.

2. An offense involving the use of force and violence upon the person of another that amounts to a felony.

3. An offense involving sexual misconduct with children.

4. An offense as defined under Section 311 through 311.7, 313.1, 314, 315, 316, 318, 647(a), 647(b), 647(d), 647(h), 647a or 653g of the Penal Code of the State of California.

5. Any offense involving theft of property.

d. That the applicant has knowingly made a false statement in the application for a license.

e. That the applicant is lacking in the background and qualifications to conduct a bona fide hot tub/sauna establishment.

f. That a determination has been previously made that the applicant violated any provision of this article; or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of hot tub/sauna or related establishments.

g. In issuing a license, the chief of police may impose such conditions as he deems are reasonably necessary to fulfill the purposes and intent of this article. As part of his issuance of a license, the chief may prescribe daily hours of operation for the establishment which he determines are in the public health, safety and welfare.

(Ord. No. 23.78, 6/12/78.)

Within ten (10) days after receiving notification by certified or registered mail that an application for a hot tub/sauna establishment license has been denied, any applicant may file with the city clerk a written statement, addressed to the city council of the City of Mountain View, requesting a public hearing on the application before the council, and stating therein written exceptions to the findings of fact upon which the chief of police based his denial of the application.

Said exceptions shall include but not be limited to statements why the applicant believes the chief of police acted improperly or failed to act properly. Upon the filing of such a statement, the city clerk shall fix a time, date and place for a public hearing to be held by the council thereon and shall notify the applicant thereof. The hearing shall be held at a regular meeting of the council not later than sixty (60) days from the date on which the written statement was filed with the city clerk. Notice of the time and place of said hearing shall be given by the city clerk by publishing a notice to this effect in a newspaper of general circulation. Said notice shall be published at least ten (10) days prior to the date of said hearing. At the hearing, the applicant may present evidence in support of the application and exceptions. Any interested party may, in the discretion of the council, be allowed to participate in the hearing and present evidence in support of or in opposition to the application and exceptions. The burden of proof shall be on the applicant.

The council shall, by resolution, no later than twenty-one (21) days after the conclusion of the public hearing, make findings of fact and either deny or grant the application for a license. If the council grants the application, it may impose such reasonable conditions to the issuance of the license as it deems appropriate. The council, in said resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions to the chief's original findings of fact upon the application. A copy of said resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. The council's decision by said resolution shall be final.

An applicant for a hot tub/sauna establishment license shall also be entitled to utilize the provisions of this section to appeal to the city council the chief of police's imposition of any conditions to the approval of a hot tub/sauna establishment license to which the applicant objects. The council shall be entitled to impose any new conditions, or delete or modify any existing conditions imposed by the chief, as a result of its public hearing on said appeal.

(Ord. No. 23.78, 6/12/78.)

a. In connection with the chief of police's issuance of a hot tub/sauna establishment license, any person, including a member of the city council, may, without fee and under the circumstances set forth in subsection b, and when such person considers the issuance of the license to be a matter of sufficient general public interest to warrant special city council consideration, file with the city clerk, within ten (10) days of the chief's decision, a request, along with supporting reasons, that the matter be referred to the city council in order that the council determine if it should, on its own motion, review the decision of the chief of police.

b. The chief of police shall be notified of the request and shall submit a report to the city council setting forth the reason or reasons for his action, or shall be represented at the council's meeting when such review is considered.

c. The city council shall, within thirty (30) days after the request is filed, consider the request to review the action of the chief of police, and may, on the affirmative vote of four (4) of its members, set the matter for review.

d. In the event the city council sets the matter for review, Sec. 9.64 shall govern when the city council shall hold a public hearing on said matter, how notice to the public shall be given of said hearing and the rights of the parties at said hearing.

e. The council shall, by resolution, no later than twenty-one (21) days after the conclusion of the public hearing, make findings of fact and either uphold the issuance of the license by the chief of police or overrule the action of the chief of police in issuing the license. The council, in said resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions to the chief's original findings of fact upon approving the application for a license. A copy of said resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. The council's decision by said resolution shall be final.

(Ord. No. 23.78, 6/12/78.)

Any license issued for a hot tub/sauna establishment may be revoked, or suspended for a period not to exceed six (6) months, by the chief of police, in any case where he finds and determines that any of the provisions of this article are being knowingly violated, where the terms of any license are being knowingly violated, where any employee of a licensee is engaging in conduct which violates any state or local laws or ordinances at the licensee's place of business where the licensee has actual or constructive knowledge or by due diligence should have actual or constructive knowledge of such violations, or in any case where the licensee refuses to permit any duly authorized officer of the city to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the chief of police, upon the representation of any person that such business is being managed, conducted, or maintained without regard for the public health or health of patrons or customers, in violation of the provisions of this article, or without due regard to proper sanitation or hygiene.

(Ord. No. 23.78, 6/12/78.)

Prior to suspending or revoking any hot tub/sauna establishment license, the chief of police shall give the licensee written notice, by certified or registered mail, of a hearing to be held by him within fifteen (15) days of the date of mailing to determine whether or not the license should be suspended or revoked. This notice shall state the time, date and place of hearing and contain a statement of the facts upon which the chief of police has acted in calling the hearing. Notice of said hearing shall be given in the manner provided for in Sec. 9.61 of this article. At the hearing the licensee and any other interested person shall have the right to present evidence as to the facts upon which the chief of police proposes to suspend or revoke the license, and any other facts which may aid the chief of police in determining whether any of the provisions of this article have been violated and/or whether any of the acts specified in Sec. 9.66 have occurred. If, after such hearing the chief of police finds that any or all of said violations or acts have occurred, he shall within five (5) days after the hearing serve by certified or registered mail upon the licensee and all interested persons participating in the hearing and requesting same, a written statement of the facts upon which he bases such finding and shall immediately suspend or revoke the license. Upon receipt of the chief's notice of suspension or revocation, the licensee shall immediately cease transacting business at the hot tub/sauna establishment for which the license was issued, whether or not the licensee files an appeal from the chief's decision. If an appeal is filed, the hot tub/sauna establishment shall remain closed until the date the council has made a decision on the appeal.

(Ord. No. 23.78, 6/12/78.)

Within ten (10) days after receiving notification by certified or registered mail that the license hereunder has been suspended or revoked, the licensee may file with the city clerk a written notice of appeal from said suspension or revocation, addressed to the city council, requesting a public hearing before the council on the appeal, and stating therein written exceptions to the findings of fact upon which the chief of police based his suspension or revocation of the license. Said exceptions shall include but not be limited to statements why the licensee believes the chief of police acted improperly or failed to act properly. Upon the filing of said notice of appeal, the city clerk shall fix a time, date and place for a public hearing to be held by the council and shall notify the applicant thereof. The hearing shall be held at a regular meeting of the council not more than sixty (60) days from the date on which the notice of appeal was filed with the city clerk. At the hearing, the licensee may present evidence in support of the stated exceptions set forth in the appeal. Any interested party, including the chief of police, may, in the discretion of the council, be allowed to participate in the hearing and present evidence in support of or in opposition to the suspension or revocation.

The council shall, by resolution, no later than twenty-one (21) days after the conclusion of the hearing make findings of fact and either affirm or reverse the chief's suspension or revocation of the license. The council, in said resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions filed to the chief's original findings of fact upon the suspension or revocation. A copy of said resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. The council's decision by said resolution shall be final and conclusive. If the appeal is denied by the council, the hot tub/sauna establishment shall remain closed during the period of the suspension or revocation unless a court orders that the establishment be reopened.

(Ord No. 23.78, 6/12/78.)

The chief of police shall investigate the applicant's background to ensure that the requirements of Sec. 9.70 will be met.

(Ord. No. 23.78, 6/12/78.)

No later than twenty-one (21) days after an application for a hot tub/sauna establishment managing employee permit has been filed with the chief of police, the chief of police shall issue the permit, unless he finds:

a. That the applicant who will be directly engaged as an employee of a hot tub/sauna establishment has, within five (5) years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any of the following:

1. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code.

2. An offense involving the use of force or violence upon the person of another amounting to a felony.

3. An offense involving sexual misconduct with children.

4. An offense as defined under Sections 311 through 311.7, 313.1, 314, 315, 316, 318, 647(a), 647(b), 647(d), 647(h), 647a or 653g of the Penal Code of the State of California.

5. Any offense involving theft of property.

b. That the applicant has knowingly made a false statement in the application for a permit.

c. That the applicant has violated any provisions of this article.

(Ord. No. 23.78, 6/12/78.)

No licensee shall employ any individual as a managing employee of a hot tub/sauna establishment who has not applied for a permit pursuant to the provisions of this article. No licensee shall employ any individual as a managing employee of a hot tub/sauna establishment for more than twenty-one (21) days after the filing of the application for a permit. The applicant may continue his or her employment until the chief of police either grants or denies the permit. If the application is denied, the applicant shall not work at the hot tub/sauna establishment any longer than ten (10) days after the date the chief of police posts the registered or certified letter in the mails notifying the applicant of his denial of the application.

(Ord. No. 23.78, 6/12/78.)

An applicant whose permit application is denied, or a permittee whose permit is not renewed, or whose permit is suspended or revoked by the chief of police, may appeal such action to the city council. Any such appeal shall be in writing and shall be filed with the city clerk within ten (10) days after the applicant or permittee has received the chief's certified or registered letter. The matter shall be heard by the city council at a public hearing to be held within sixty (60) days from the date the appeal is filed with the city clerk. The procedures for hearing the appeal shall be in accordance with Sec. 9.64 of this article. Unless the council shall reverse the chief of police's action, his decision shall be deemed affirmed.

(Ord. No. 23.78, 6/12/78.)

Any hot tub/sauna establishment managing employee permit issued by the chief of police may be revoked, or suspended for a period not to exceed six (6) months, by the chief of police, if he finds and determines that the permittee has:

a. Violated any of the provisions of this article.

b. Been convicted of any type of criminal offense specified in Sec. 9.70 of this article.

c. Has knowingly made a false statement on his or her application.

Before suspending or revoking a permit, the chief of police shall transmit by certified or registered mail to the permittee's address as shown on the application or otherwise more recently on record, a written notice that said permit is suspended or revoked at the end of the fifth day after the mailing of such notice. The notice shall specify the reason or reasons why the permit was suspended or revoked by the chief of police. A revoked permit shall be immediately surrendered to the chief of police. Upon receipt of the chief's notice of suspension or termination, the permittee shall immediately cease working at the hot tub/sauna establishment.

(Ord. No. 23.78, 6/12/78.)

All licensees shall maintain a register of all individuals employed as a managing employee of the hot tub/sauna establishment and their permit numbers, which register shall be available for city inspection at all times during regular business hours.

(Ord. No. 23.78, 6/12/78.)

No licensee shall employ, hire or retain the services, of any individual who is under the age of eighteen (18) years old. No licensee shall knowingly employ, hire or retain the services of, or continue to employ or retain, any individual who has been convicted of any of the offenses set forth in Sec. 9.70 of this article.

(Ord. No. 23.78, 6/12/78.)

No hot tub/sauna establishment granted a license under the provisions of this article shall place, publish or distribute or cause to be placed, published or distributed any advertising matter which depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as described in Sec. 9.51.f of this article, nor shall any hot tub/sauna establishment indicate in the text of such advertising that any service is available other than those services as described in Sec. 9.51.f of this article.

(Ord. No. 23.78, 6/12/78.)

Upon the sale, transfer or relocation of a hot tub/sauna establishment, the license therefor shall be deemed automatically revoked and null and void unless a transfer of such license is approved as provided for in Sec. 9.82 herein.

(Ord. No. 23.78, 6/12/78.)

No person granted a license pursuant to this article shall operate under any name or conduct business under any designation or in any location not specified in the license.

(Ord. No. 23.78, 6/12/78.)

Every person to whom or for whom a license shall have been granted pursuant to the provisions of this article shall display said license in a conspicuous place within the hot tub/sauna establishment so that the same may be readily seen by persons entering the premises. (Ord No. 23.78, 6/12/78.)

The police department and any and all investigating officials of the city shall have the right to enter hot tub/sauna establishments during regular business hours to make reasonable inspections to observe and enforce compliance with the provisions of this article. A warrant shall be obtained whenever required by law.

(Ord. No. 23.78, 6/12/78.)

Every licensee who conducts, maintains or operates any hot tub/sauna establishment shall, in addition to any license fees required by this article, obtain a business license as required by Article I of Chapter 18 of this code, and pay a business license tax in that amount as set forth in Article II of Chapter 18 of this code. (Ord No. 23.78, 6/12/78.)

No license shall be transferred to a new owner of a licensed hot tub/sauna establishment except with the written consent of the chief of police and the prior approval of the city council. An application for such a transfer shall be in writing, made to the chief of police and shall be accompanied by a filing fee of two hundred and fifty dollars ($250.00). The written application for such transfer shall contain the same information as requested herein for an initial application for a license. An application for a transfer of an existing license shall be deemed an original application for a license and shall be subject to all applicable provisions of this article.

(Ord. No. 23.78, 6/12/78.)

The chief of police may promulgate and enforce reasonable rules and regulations for the purpose of carrying out the intent of this article.

(Ord. No. 23.78, 6/12/78.)

If the city council, prior to the effective date of ordinance enacting this article into law, has approved the use of any real property within the city as the site of a hot tub/sauna establishment, the chief of police is hereby directed to issue a hot tub/sauna establishment license to the person or persons who will be owning, operating, conducting and maintaining such approved hot tub/sauna establishment. No public hearing need be held by the chief of police prior to his issuance of any such license. No fee for such license shall be required. As a condition to the issuance of a license, the person or persons who own or operate the hot tub/sauna establishment, or who will be owning or operating the same, shall complete an application for a license in accordance with Sec. 9.54 of this article. Once issued, such license, and the hot tub/sauna establishment itself, shall be operated and maintained in accordance with the provisions of this article and with the license so issued.

(Ord. No. 23.78, 6/12/78.)

A violation of any provision of this article shall constitute a misdemeanor and may be prosecuted in the name of the People of the State of California and may also be redressed by civil action. The maximum fine or penalty for any violation of this article shall be the sum of five hundred dollars ($500.00), or a term of imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. No. 23.78, 6/12/78.)

Any action or proceeding to attack, annul, review, or contest the validity of any decision of the city council made pursuant to this article shall be brought or filed within sixty (60) calendar days from the date the city council's decision became final.

(Ord. No. 23.78, 6/12/78.)