Chapter 5.64 — HEALTH CLUBS

For the purposes of this chapter, the following terms shall have the following meanings:

"Health club" shall mean:

• (a) Any business which offers or provides to the public on a membership basis, services, facilities, instruction, training or assistance in body building, exercising, weight reduction, figure development, aerobics or any other similar physical activity.

• (b) Any business which has therein steamrooms, saunas, shower stalls, swimming pools, soaking facilities such as spas, tubs or any other device in which a person can soak, such as a steambath.

"Health club closure" shall mean the discontinuation or relocation of health club services in the manner, and at the location, specified in the health club contract. This shall not include temporary closures for a period of two weeks or less in order to make repairs or alterations to existing facilities.

"Health club contract" shall mean a contract in the form and manner prescribed by California Civil Code Section 1812.80 et seq., between a health club and consumer for health club services.

"Refund" shall mean an amount equal to the pro-rated value of the remaining time on a health club contract at the time of a health club closure. Initiation and processing fees, if any, shall be included if such fees were paid within two years of the date of the health club closure. (Prior code § 6354(a); Ord. 90-269 § 1, 1990)

The provisions of this chapter do not apply to:

1. Health clubs located within a private residence, condominium, townhouse or apartment complex;

2. A place where primary treatment in the practice of any healing art or profession is administered, pursuant to the provisions of the Business and Professions Code or any other statute of the state of California; or

3. A place of employment where bathing facilities for the use of employees are required by law; or

4. Any business licensed under this title as a massage parlor. (Prior code § 6354(b); Ord. 90-269 § 1, 1990)

1. Term of Health Club Contract. No health club operating in the City of West Hollywood shall contract to provide health club services for a period of time beyond which the health club has an ownership or leasehold interest to operate such health club.

2. Effect of Closure.

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City of West Hollywood, CA § 5.64.030

WEST HOLLYWOOD CODE

§ 5.64.030

• (a) Any health club closure, due to repairs or alterations, resulting in the closure of said health club for a period of two weeks or longer, shall result in an extension of the consumer's health club contract for the period of the health club closure, which extension shall be added to the remaining time period of the initial contract. The health club shall keep a record of all closures lasting for any period exceeding two weeks.

• (b) Any health club closure, due to repairs or alterations, resulting in the closure of said health club for a period of three months or longer, shall comply with the following:

  • (1) The consumer shall be granted an extension of the consumer's contract for the period of health club closure, which extension shall be added to the remaining time period of the initial contract; or

  • (2) The consumer shall be granted a refund of the amount remaining of the health club contract, prorated from the first day of the health club closure.

Such option shall be at the consumer's discretion.

• (c) A health club closure due to the relocation of the health club shall have the following result:

  • (1) If the club is relocated within a reasonable distance (a five-mile radius) of its current location, then the consumer shall be granted an extension of the health club contract for the period during which the club is closed for relocation:

  • (2) If the club is relocated to a location greater than a five-mile radius from the location specified in the consumer's contract, the consumer shall be given, at his or her discretion, a refund of the amount remaining on the health club contract, pro-rated from the first day of the health club closure, or an extension of the contract on the terms specified in subdivision (1), above, of this subsection.

3. Disclosure Statement. All health club contracts entered into in the City of West Hollywood shall be accompanied by a disclosure statement which shall read, in bold face:

NOTICE TO CONSUMERS

In the event of a health club closure, you may have additional protections afforded by local law beyond those provided to you under State law. For more information, contact the City of West Hollywood, Risk Manager, 8611 Santa Monica Blvd., West Hollywood, California, 90069-4109.

4. Compliance Period. All health clubs shall comply with the requirements of this chapter on or before August 16, 1990.

5. Sign at Main Entrance. A recognizable and readable sign shall be posted at the main entrance of every health club within the city identifying the establishment. Such sign shall comply with all requirements of Chapter 19.76 of this code.

6. Maintenance of Facilities. All persons licensed to operate a health club pursuant to this chapter shall ensure that:

   • (a) Hot and cold running water be provided at all times;

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.64.030

§ 5.64.040

• (b) Separate closed cabinets be provided for the storage of clean and soiled towels and these cabinets be plainly marked "Clean Towels" and "Soiled Towels";

• (c) All equipment be maintained in a good state of repair and all walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities of the establishment be in good repair and maintained in a clean and sanitary condition;

• (d) Clean and sanitary disposable towels be provided for each patron of the establishment. No common use of towels or linens shall be permitted;

(e) The facility be adequately ventilated and air-conditioned. (Prior code § 6354(c); Ord. 90-269 § 1, 1990)

1. Bond Required. No license shall be issued or renewed pursuant to this chapter unless the applicant first provides the city's Risk Manager evidence of a surety bond meeting all of the following requirements:

   • (a) The bond is in the amount of $75,000;

   • (b) The bond shall be enforceable upon the failure of the applicant to provide to the city's Risk Manager proof of refunds within thirty days of the date of the health club closure;

   • (c) The bond provides for payment of administrative costs to the city in an amount equal to ten percent of the total moneys refunded to health club consumers.

2. Bond Exemption. A bond shall not be required for the issuance or renewal of a health club license if the Director, after consultation with the City Attorney, determines the applicant is eligible for an exemption based upon any one of the following criteria:

   • (a) The applicant is a non-profit organization eligible for a tax exemption pursuant to the California Revenue and Taxation Code; or

   • (b) The applicant charges consumers on a monthly fee basis (excluding installment plans) and does not charge as an initiation fee an amount greater than the amount of the monthly fee; or

   • (c) The applicant has provided health club services continuously during the three year period immediately prior to the date of the license application, has unsecured and unencumbered assets in excess of one million dollars ($1,000,000.00), and warrants to the city in a form approved by the City Attorney that any subsequent sale or transfer of the health club shall be conditioned upon the applicant either providing refunds to consumers or requiring the successor to honor in full the terms and conditions of the applicant's existing health club contracts. An applicant qualifying for an exemption pursuant to this subsection shall annually file, concurrent with its business license renewal a statement certifying that the applicant continues to maintain unsecured and unencumbered assets in excess of one million dollars ($1,000,000.00); or

   • (d) The applicant, subject to the approval of the Director, and the city's Risk Manager, assigns to the city a certified check, cashier's check or cash deposit in the amount of $75,000, exclusively for the payment of refunds, which names the City of West

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City of West Hollywood, CA § 5.64.040

WEST HOLLYWOOD CODE

§ 5.64.050

Hollywood as the master of such funds.

3. Bond Enforcement Stayed. The operator of a health club shall be afforded a period of thirty days from the date of a health club closure to provide refunds to affected consumers prior to the city taking action to enforce the refund provisions established by Section 5.64.050.

(Prior code § 6354(d); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)

1. Disbursement of Refunds. In the event that the health club operator does not provide refunds within thirty days from the date of the health club's closure, the city shall, upon receipt of funds from the bond or other secured interest, provide refunds to the extent such refunds are made possible given the amount of the proceeds from the bond or other security and the amount of refunds claimed by consumers. The city shall provide such refunds on a pro-rated basis based on the length of time remaining on the consumer's contract with the health club. The administration of consumer refunds shall be the responsibility of the city Risk Manager who shall:

   • (a) Cause the Director of Finance to establish a Health Club Refund Account for the deposit of all proceeds from the bond or secured interest into such account;

   • (b) Receive and review claims for consumer refunds;

   • (c) Determine the validity of and appropriate amount for each consumer refund;

   • (d) Deduct from the bond or secured interest as administrative costs an amount equal to ten percent of the amount of refunds provided to consumers.

2. Deadline for Refund Claims. Unless good cause is shown, no claim for a refund shall be accepted by the city Risk Manager after six months from the date of the health club closure. The city's Risk Manager shall not pay on any claims filed with the city until such six month period ends. Nothing in this chapter shall affect the rights of consumers to alternatively pursue civil remedies which may otherwise be available under state or federal law.

(Prior code § 6354(e); Ord. 90-269 § 1, 1990)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.66.010

§ 5.66.030

CHAPTER 5.66 HOME SHARING