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ORDINANCE NO'~;?~-
AN ORDINANCE AMENDING ORDINANCE NO. 763 WHICH PROVIDES FOR
THE LICENSING OF BUSINESS, SHOWS, EXHIBITIONS AND GAMES CON-
DUCTED OR CARRIED ON IN THE. CITY OF SAN BERNARDINO, FIXES
THE RATE OF LICENSE THEREFOR AND. PROVIDES FOR COLLECTION THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION ONE: That Ordinance No. 763, Section Sixty, of
7 the City of San Bernardino is hereby amended to read as
8 fo llows :
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SECTION SIXTY: MASSAGE PARLORS -- MASSAGISTS -- STEAM
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10 BATH PARLORS.
A. DEFINITIONS. The following words, as used in this
12 Section, shall have the signification attached to them in this
13 Section unless otherwise clearly apparent from the context:
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1. MASSAGE -- The word "massage" means and includes a
15 method of treating the external parts of the body for remedial
16 or hygienic purposes, consisting in rubbing, stroking, kneading,
17 adjusting or tapping with the hand or any instrument.
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2. MASSAGE PARLOR -- The term "massage parlor" means
and includes any turkish bath parlor, battle creek system treat-
ments, magnetic healing institute, massage parlor or any place
or institution where treatment for the human body is given by
means of massage as herein defined.
3. MASSAGIST -- The word "massagist" means and includes
any person who practices massage as herein defined.
4. PERSON -- The word "person" means and includes
26 persons, firms, corporations, associations or any other form of
27, business organization or group.
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5. RECOGNIZED SCHOOL -- The term "recognized school"
29 means and includes any school or institution of learning which
30 i has for its purpose the teaching of the theory, method, pro-
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31 i fession or work of massagist, and which school requires a resi-
32 dent course of study of not less than two hundred hours to be
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1 given in not less than three calendar months before the sutdent
2 shall be furnished with a diploma or certificate of graduation
3 from such school or institution of learning, showing the success-
4 ful completion of such course of study or learning.
5 6. Wherever the words "license" or "application" shall
6 appear in this Section the same shall have.no application and no
7 effect upon, and shall not be construed as applying to, any of
8 the persons designated as follows: Physician,. surgeon, chiro-
9 practor, osteopath, or any nurse working under the supervision
10 of a physician, surgeon, chiropractor or osteopath duly licensed
11 to practice their respective professions in the State of Calif-
12 ornia.
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B. REGULATIONS:
14 1. No person shall practice, engage in, carryon the
15 business of a ~ssagist, or conduct a massage parlor or business
16 described in Section 60-C(3} in the City without first having
17 obtained a license so to do and complying with all applicable
18 regulations and requirements as hereinafter contained and set
19 forth.
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2. Every person making application, as hereinafter set
21 out, for a license to carryon the business of a massagist or
22 conduct a massage parlor shall, at the time of making such
23 application, file with the City Clerk:
24 (a) Written proof that applicant is over the age of
25 twenty-one years.
26 (b) Written proof that applicant has been a bona fide
27 resident of the City continuously for six months immediate-
28 ly preceding the date of making application.
29 (c) Written proof that applicant has had at least one
30 year's experience in the profession, work and method of
31 treating the external parts of the human body for
32 remedial or hygienic purposes by rubbing, stroking,
kneading, adjusting or tapping with the hand or by
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instrument, or applicant must furnish a diploma or
certificate of graduation from a recognized school or
other institution of learning wherein the method, pro-
fession and work of massagist is taught.
(d) Written statements of at least three bona fide
residents of the City that applicant is of good moral
character.
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3. Every person desiring to carryon the business of
a m~sagist, conduct a massage parlor or business described in
Section 60-C-3 shall make a written application to the City
Clerk for a license to conduct said business. The application
shall be signed and sworn to by said applicant and shall state
the true or fictitious name or names of said applicant, his age,
present street address and other address or addresses where
applicant may have lived at any time during the year immediately
preceding the date of said application; the name under which, and
place where, said applicant proposes to conduct said business
together with the street, city, county and state address where
said applicant practiced or conducted any similar business, if
any, within twelve months immediately preceding the date of said
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21 application, and the name under which the same was so conducted.
22 Said application shall also include a photograph in
23 triplicate of said applicant of a size prescribed by the City
24 Clerk, said photograph to be attached to the original application,
25 one to the duplicate, and one to the license, if a license to
26 conduct or carryon said business is granted said applicant.
27 At the time of making such application, the applicant shall also
28 furnish to the Chief of Police the applicant's fingerprints in
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such form and manner as may be reasonably designated by said
official or someone authorized by him so to do.
All applications shall be made in duplicate, one of
which shall be transmitted by the City Clerk to the Chief of
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Police for investigation, and the license applied for shall not
be issued to said applicant until the expiration of thirty days
from date of said application unless a satisfactory report is
made by the Chief of Police before the expiration of said period.
If no adverse report concerning said applicant is made by the
Chief of Police, then said application shall be presumed complete,
and a license authorized and issued upon the payment of the re-
quired license fee.
4. No person shall massage any other person for immoral
purposes or in a manner intended to arouse, appeal to, or gratify
the lust or passion or sexual desires.
5. Every person maintaining, conducting or operating
a massage parlor in the City shall at all times keep a registra-
tion book in connection therewith, in which each and every client
or patient's name shall,be written, together with the date of
treatment, and provided further that such book shall be open at
all times to the inspection of any police officer of the City.
6. Every employee or prospective employee of any person
licensed to do business under Sections 60-C-I and 60-C-2 of this
ordinance shall comply with and be subject to the provisions
contained in Sections 60-B-2 and shall make a written report
to the Chief of Police. The report shall be signed and sworn
to by said applicant and shall state the true or fictitious
name or names of said applicant, his age, present street address
and other address or addresses where applicant may have lived at
any time during the year immediately preceding the date of said
report; the name and place where, said applicant proposes to
be employed together with the street, city, county and state
address where applicant was formerly employed, within twelve
months immediately preceding the date of said application.
Said report shall also include a photograph of said appli-
cant of a size prescribed by the Chief to be attached to the
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1 original report. At the time of making such report, the appli-
2 cant shall also furnish to the Chief the applicant's finger-
3 prints in such form and manner as may be reasonably designated
4 by said official or someone authorized by him so to do.
5 No person may practice massage as an employee without first
6 having complied with all of the above provisions.
7 No employee is required to have a license.
8 7. Every employee or prospective employee of any person
9 licensed to do business under Section 60-C-3 of this ordinance
10 shall make a written report to the Chief of Police. The report
11 shall be signed and sworn to by said applicant and shall state
12 the true or fictitious name or names of said applicant, his age,
13 present street address and. other address or addresses where
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applicant may have lived at any time during the year immediately
preceding the date of said report; th~ name and place where,
said applicant proposes to be employed together with the street,
city, county and state address where said applicant was formerly
employed within twelve months immediately preceding the date of
said application.
Said report shall also include a photograph of said appli-
cant of a size prescribed by the Chief to be attached to the
original report. At the time of making such report, the appli-
cant shall also furnish to the Chief the applicant's finger-
prints in such form and manner as may be reasonably designated
by said official or someone authorized by him so to do.
No person shall be employed or become an employee of any
such employer without first having complied with the above
provisions.
No license is required of such. employee.
8. If any person holding a license to carryon the business
of a massagist, massage parlor or business described in
Section 60-C-3, as provided in this Section, shall violate
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1 this Section or any other ordinance or law relating to or regu-
2 lating such business, or shall conduct or carryon such business
3 in an unlawful manner, it shall be the duty of the Chief of
4 Police, and said Chief of Police may, in addition to other
5 penalties provided by this Ordinance, suspend or revoke the
6 said license to carryon such business. No license shall be
7 revoked until after a hearing shall be had before the Council
8 relating to such revocation, but the Chief of Police may order
9 such license suspended pending such hearing. Notice of such
10 hearing shall be given in writing and served at least five days
11 prior to the date of the hearing thereon, which notice shall
12 state the ground of complaint against the holder of such
13 license, or against the business carried on by him and shall
14 also state the time when, and the place where, such hearing will
15 be had. Said notice shall be served upon the holder of such li-
16 cense by delivering the same to such person, his manager or
17 agent, or to any person in charge of, or employed in the place
18 of business of such licensee, or by leaving such notice at the
19 place of business or residence of such person with some person
20 of suitable age and discretion. In the event the holder of such
21 license cannot be found, and the service of such notice cannot
22 be made upon him in the manner herein provided, then a copy of
23 such notice shall be mailed, postage full prepaid, addressed to
24 such holder or such licensee at his place of business or resi-
25 dence at least five days prior to the date of such hearing.
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C. FEES:
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1. For eve~y person, firm or corporation conducting,
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28 managing or carrying on a mas.sage parlor where facial massage,
29 fomentations, massage, electric or magnetic treatment or alcohol
30 rubs are administered or given, where an operator or attendant is
31 employed, $5.00 per' quarter;. where more than one operator or
32 attendant is employed, $3.00 per quarter for each additional
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1 operator or attendant.
2 The provisions of this Ordinance shall not be deemed
3 or construed to apply to the holder of any license to conduct
4 a bathhouse, barber shop or natatorium, licensed under other
5 Sections of this Ordinance.
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2. For every person engaged in the business or occupa-
7 tion of a massagist except any person who owns, operates or
8 conducts a massage parlor, $3.00 per quarter.
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3. For every person, firm or corporation, conducting
10 managing or carrying on the business of giving steam baths,
11 electric light baths, electric tub baths, shower baths, sponge
12 baths, sun baths, mineral baths, Russian, Swedish or Turkish
13 baths, or any public bath place which maintains, in connection
14 therewith a steam room, plunge bath, shower bath or sleeping
15 accomodations, $15.00 per quarter.
16 Nothing in this Section contained shall apply to physical
17 culture institutions, natatoriums or public baths maintaining a
18 swimming tank of more than five hundred square feet in area,
19 licensed under other Sections of this Ordinance.
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21 Bernardino is hereby amended by deleting therefrom Section Twenty.
SECTION TWO: That Ordinance 763 of the City of San
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SECTION THREE: This ordinance is for the immediate
preservation of the public safety, and therefore shall take
effect immediately upon its passage and adoption.
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San Ber-
nardino at a h/~bf/. meeting thereof held on the !..M day i
of c:n- . ,/J/. 1957. by tbefollm.~nngg,. 'VO,~!j J ~/. /~v
. 7 AYES: -6~&t!~/ //fd4~yi'd~~ . . I
NOES: '41-11...& ?/ ABSENT: ~ I
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1 I hereby approve the foregoing Ordinance this ~ day
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2 of November , 1957
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6 Approved as to form:
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City Attorney
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