35.1.1 DEFINITIONS.
(Amended by O-2959; O-2960)
a) Game Room shall include game or card club, game or card school, social game or card club or any other place maintained, operated or conducted where game or card playing or instruction is conducted as the primary or as a substantial part of the activities therein, and where:
1) A fee is charged either as membership dues for admission to such place or for the privilege of playing at cards; or
2) Any collection or donation of money is made or received.
b) A Game or Card School means any place maintained, operated or conducted for the purpose of giving instructions in the playing of games of any type. The term game room shall include a game or card school.
35.1.2 LICENSE REQUIRED.
(Amended by O-2959; O-2960; O-3451)
a) It shall be unlawful for any person to maintain, operate, conduct or carry on, directly or indirectly, any game room without a license therefor having been issued in accordance with the provisions of this Article. No license issued shall authorize the conduct of any game which is prohibited by the Penal Code of the State of California or by this Code, and any license issued in violation of such State Code or this Code shall be void.
b) The provisions of this Article do not apply to events conducted for any of the purposes set forth in Section 31.6.2, if a No Fee license is obtained, pursuant to this section and 31.6.4. In order to receive a No Fee license, an applicant must submit to the License Supervisor the information required by Sections 31.4.1(a) and 31.6.4, together with the following additional information:
1) The name of any vendor, contractor, concessionaire or caterer that the applicant intends to use during the event.
2) A Police Department "Notification of Prohibited Activity" signed by the applicant.
3) A description of the activities to be conducted during the event.
The License Supervisor will submit the application to the Chief of Police or the Chief’s designee for approval. In determining whether to approve the application, the Chief of Police will consider the willingness of the applicant to comply with all City and State laws prohibiting gambling and the public health, safety and welfare.
The License Supervisor and the Chief of Police will have fifteen (15) calendar days to deny an application from the date that a complete application is filed with the License Supervisor or the application will be deemed approved.
The License Supervisor will not approve any application that has been denied by the Chief of Police. The License Supervisor will not approve any application unless all vendors, contractors, concessionaires, or caterers participating in the event have appropriate Business Licenses and Permits. If the License Supervisor or Chief of Police deny the application or fail to issue the license, the applicant may appeal the denial to the License Review Board pursuant to Section 31.7.5.
35.1.3 CONDITIONS FOR ISSUANCE OF LICENSE.
(Amended by O-2959; O-2960)
No license shall be issued under the provisions of this Article:
a) Until the applicant has furnished the License Supervisor with an application containing the following:
1) If the applicant is a corporation, the names of any person owning more than twenty (20) percent of the stock;
2) If the applicant is a partnership, the names of all partners;
3) If the applicant is an association, the names of all members;
4) The signature of those required by the License Supervisor to be named in that application;
5) The location of any other game room operated by the applicant or in which the applicant or any person signing the application has an interest;
6) The number of tables or other units to be placed, employed or used;
7) The description of any other business conducted or proposed to be conducted at the same location;
8) A description of the building in which the business proposed to be permitted and licensed is to be housed, giving the dimensions and type of construction;
9) A statement that the applicant understands that the application shall be considered by the License Review Board only after a full investigation and report have been made by the Chief of Police, Superintendent of Building Inspection, Fire Department, and all other affected departments of City government; and
10) A statement that the applicant has read the provisions of this Article and understands the same.
b) Until the following conditions have been satisfied:
1) The application shall have been approved by the Chief of Police. The Chief of Police may recommend denial of the license for any of the following reasons:
i) The applicant is unfit to operate a game club due to a continuing course of activities which are detrimental to the public morals, health or safety;
ii) The applicant has been convicted of a crime of moral turpitude which is related in nature and in time to his qualification and fitness to own or operate a game club;
iii) The applicant has aided or abetted any crime or activity which would be grounds for discipline against the licensee under this Article;
iv) The Chief of Police shall notify the applicant of his recommendation to deny said application either personally or by mail and the reasons therefor. Thereafter, the applicant shall be entitled to a hearing on the application before the License Review Board, if applicant requests such a hearing thereon within ten (10) days of denial of the application. The hearing date shall be set for within fifteen (15) days of the communication of the request for hearing by the Board. However, if the Chief does not disapprove the application within thirty (30) days of the application (excluding any time period attributable to a delay caused by applicant in processing the application), the application shall be deemed to be approved.
2) The application shall have been approved by the Superintendent of Building Inspection, Fire Department, and all other affected departments of City government.
35.1.4 Repealed by O-2959; O-2960.
35.1.5 PERMIT FEES AND DEPOSITS.
(Amended by O-2062; O-2129; O-2959; O-2960)
a) For purposes of clarification, the license fees set forth in this Article are for both regulations and revenue purposes.
b) Each initial application for a license hereunder shall be accompanied by an application fee in the amount of $142.00*, which shall be non-refundable and retained by the City for payment of the cost of investigating the applicants.
c) The license tax for carrying on the business of a game room shall be as required in Section 31.2.1
35.1.6 LICENSES NON-TRANSFERABLE.
(Amended by O-2959; O-2960)
No license shall be transferred except as provided in this Article. When a business for which a game room license has been issued is sold or transferred, any license for a game room shall be deemed revoked and the successor or transferee shall make application for a license in the same manner as the original application.
35.1.7 LICENSE FOR ONE LOCATION ONLY.
(Amended by O-2129; O-2843; O-2959; O-2960; O-3170; O-3229; O-3354; O-3364)
A license issued for a particular location shall authorize permittee to conduct the permitted business at such location only, and such license shall not be used for conducting such business at any other location without the written consent of the License Review Board or the City Council, and without the payment of a fee of $138.001 plus $190.00 for investigation.
35.1.8 UNLAWFUL TO PLAY IN UNLICENSED PREMISES.
(Amended by O-2959; O-2960)
It shall be unlawful for any person to knowingly play cards or any other game in premises for which a valid license has not been issued by the City in accordance with the provisions of this Article.
35.1.9 UNLAWFUL TO MAINTAIN UNLICENSED PREMISES.
(Amended by O-2959; O-2960)
It shall be unlawful for any person to keep, conduct, or maintain within the City any house, room, apartment, office or place used for a game room as defined herein unless a license therefor has been issued, and it shall be unlawful for any person to permit any house, room, apartment, office or place owned by him or under his charge or control to be used in whole or in part for such purpose unless a license therefor has been issued.
35.1.10 HOURS OF OPERATION.
(Amended by O-2193; O-2959; O-2960)
No game club shall be opened for the playing of games as defined herein and no games shall be played therein except between the hours of 10:00 A.M. and 12:00 o’clock midnight.
35.1.11 MUSIC OR DANCING PROHIBITED.
(Amended by O-2959; O-2960)
No music or dancing shall be permitted in any game room.
35.1.12 ALCOHOLIC LIQUOR PROHIBITED.
(Amended by O-2959; O-2960)
No alcoholic liquor shall be possessed, sold, or consumed in any game room, with the exception of billiard rooms and bridge clubs.
35.1.13 MINORS PROHIBITED; EXCEPTION.
(Amended by O-197; O-2649; O-2959; O-2960)
a) Except as otherwise provided in this Section, no person under the age of eighteen (18) shall be present in or play in any card room.
b) The provisions of this Section shall not apply to any card room solely used for the playing of duplicate bridge. For the purposes of this Section, the term duplicate bridge shall be that certain card game defined in Section 53070 of the California Government Code.
35.1.14 GAMBLING DEVICES PROHIBITED.
(Amended by O-2959; O-2960)
No device or equipment, other than game tables, games, and scoring devices, which could be or are used for gambling or amusement purposes, shall be kept or operated in any card room.
35.1.15 POSTING OF PRICES.
(Amended by O-2959; O-2960)
All membership fees, playing fees or charges, as well as prices of refreshments and food offered shall be posted conspicuously in all rooms of the game club.
35.1.16 LICENSING OF EMPLOYEES.
(Amended by O-2959; O-2960)
No person shall be employed or otherwise permitted to work in a game room unless a license has been issued to such person therefor. No such license shall be issued:
a) Until the applicant has furnished the License Supervisor with a statement containing the following information:
1) Name and address of applicant;
2) Record of convictions for violation of any law, except minor traffic laws;
3) Name and address of persons by whom applicant has been employed for the past five (5) years (not over five);
4) Names and addresses of three (3) responsible persons who have known applicant for more than three (3) years;
5) Fingerprints of applicant;
6) Two (2) copies of a one (1) inch square photograph of applicant taken within two (2) years from date of application, one (1) of which shall be attached to the license certificate or identification card, and the other to be retained by the License Supervisor;
7) Such other information as the License Supervisor may require.
b) Until the application shall have been approved by the Chief of Police. The Chief of Police may recommend denial of the license for any one or more of the following reasons:
1) The applicant is unfit to be employed in a game club due to a continuing course of activities which are detrimental to the public morals or safety;
2) The applicant has been convicted of a crime of moral turpitude which is related in nature and in time to his qualifications and fitness to be employed in a game club;
3) The applicant has aided or abetted any crime or activity which would be grounds for discipline against a licensee under this Article.
c) The Chief of Police shall notify the applicant of his recommendation to deny said application either personally or by mail and the reasons therefor.
d) The applicant shall be entitled to a hearing on the application before the License Review Board, if applicant requests a hearing thereon within ten (10) days of denial of the application. The hearing date shall be set for within fifteen (15) days of the communication of the request for hearing by the Board.
e) If the Chief does not disapprove the application within thirty (30) days of the application (excluding any time period attributable to a delay caused by the applicant in processing the application), the application shall be deemed to be approved.
35.1.17 NATURE OF PREMISES.
(Added by O-2959; O-2960)
No license under this Section shall be issued or granted to any person to operate, maintain, conduct or carry on any game room, card club or social club, as defined herein, in any building or premises which has more than one (1) door to be unlocked to gain admission to any room therein, or which has an entrance equipped with a transparent mirror, other polarized material or controlled lighting, whereby persons outside cannot see inside, or which has any kind of sound or sight signal system which can be used to warn or give warning of the presence of any police officer to any person or persons in or about such premises.
35.2.1 OUTDOOR RESTAURANTS DEFINED.
a) Outdoor restaurants as used in this Article shall mean any place of business, required to be licensed under the provisions of Sec. 42.1.4.(a), which sells or serves food products or beverages for consumption of such food products or beverages on any portion of such premises not within a fully enclosed building.
b) A fully enclosed building for the purpose of this Article only means a permanently located structure having a roof and four (4) walls all of which conform to the Building Code.
35.2.2 PERMIT REQUIRED.
No person shall operate or cause to be operated or participate in the operation of any outdoor restaurant between the hours of 10:00 P.M. of any day and 8:00 A.M. of the next succeeding day without a permit from the License Department to do so having first been secured. No person, having obtained said permit, shall operate an outdoor restaurant between 10:00 P.M. of any day and 8:00 A.M. of the next day while such permit is suspended or after such permit has been revoked.
35.2.3 PERMIT NOT ASSIGNABLE.
Permits issued under the provisions of this Article shall not be assignable to any other person.
35.2.4 PERMIT APPLICATION.
The application for a permit required by this Article shall be made and signed by the person intending to operate such outdoor restaurant and be filed with the License Department Supervisor. The application shall contain the following information:
a) The intended hours of operation;
b) The name and address of the owner or in the event more than one natural person is financially interested in the proposed outdoor restaurant, the names and addresses of all owners, partners, officers and directors of the applicant;
c) Any other information reasonably required by the License Review Board.
35.2.5 REQUIREMENTS FOR ISSUANCE UPON THE ORIGINAL APPLICATION.
Upon receipt of an application for a permit required by this Article from a person not then holding a valid permit for operation of such outdoor restaurant, the Chief of Police shall make an investigation of the applicant, the neighborhood or vicinity where such proposed outdoor restaurant is or will be located, and the past and anticipated characteristics of the intended use of the premises involved. Within twenty (20) days after receipt of said application, the License Review Board shall issue the permit if it finds:
a) That the application is complete and proper in form and all statements therein are true and correct;
b) That the proposed outdoor restaurant will create no apparent danger to the health and safety of the neighborhood or vicinity in which the restaurant is located;
c) That the conducting of the proposed outdoor restaurant at the location and during the hours applied for will not result in disturbing the peace and quiet of the neighborhood or vicinity in which such restaurant is located; and
d) That the intended use of the premises for which the permit is sought will not conflict with any laws of the State of California or ordinances of the City.
35.2.6 PERMIT REFUSAL; ISSUANCE OF PERMIT UPON CONDITIONS.
If the License Review Board finds that one or more of the requirements stated in Section 35.2.5. will not be satisfied in the operation of the proposed outdoor restaurant, said Board shall refuse to issue the permit. Provided, however, that the License Department may issue the permit upon the imposition of reasonable conditions appearing on the permit which, if observed by the applicant, will bring the intended operation into compliance with all of the requirements stated in Section 35.2.5. Violation of the conditions on the permit shall be a violation of this Code and shall subject the offenders to penalties.
35.2.7 PERMIT REVOCATION; SUSPENSION; HEARING.
(Amended by O-1674; O-1703)
Whenever any permit shall be issued by the License Department under the terms of this Article, the same may be revoked at any time thereafter, pursuant to Article 9 of Chapter 1. Revocation shall be effected if the conduct of the business in question does or will in any manner endanger the public welfare or is conducted in an illegal, improper or disorderly manner, or if any requirement of this Article or condition to the granting of a permit is not complied with.
35.2.8 LOITERING WARNING SIGN.
It shall be the duty of the property owner at his expense to erect a sign approved by the License Review Board and the City Attorney, giving notice of application of Sections 45.1.1. and 45.1.2. of Division 4. Said sign shall be exempt from the requirements of the City Sign Ordinance and shall be subject to any conditions imposed as to shape and placement by the License Review Board.
35.2.9 ESTABLISHMENT OF RULES AND REGULATIONS.
The License Review Board may establish such rules and regulations, regulating the operation of such restaurants as will promote the purposes of this Article.
35.3.1 AFTER-HOURS EATING ESTABLISHMENTS.
After-hours eating establishments as used in this Article can be any place of business required to be licensed under the provisions of Sec. 42.1.4.(a) of Division 4 which sells or serves food products or beverages for consumption of such food products or beverages on any portion of such premises between the hours of 2:00 A.M. and 6:00 A.M.
35.3.2 PERMIT REQUIRED.
No person shall operate or cause to be operated or participate in the operation of any after-hours restaurant without a permit from the License Division to do so having first been procured.
35.3.3 PERMITS NOT ASSIGNABLE.
Permits issued under the provisions of this Article shall not be assignable to any other person.
35.3.4 PERMIT APPLICATION.
The application for permit required by this Article shall be made and signed by the person intending to operate such after-hours restaurants and be filed with the License Supervisor. The application shall contain the following information:
a) The intended hours of operation;
b) The name and address of the owner or in the event more than one natural person is financially interested in the proposed restaurant, the names and addresses of all owners, participants, officers and directors of the applicant; and
c) Any other information reasonably required by the License Review Board.
35.3.5 REQUIREMENTS FOR ISSUANCE OF PERMIT.
Upon receipt of an application for a permit required by this Article from a person not then holding a valid permit for operation of such restaurant, the Chief of Police shall make an investigation of the applicant, the neighborhood and vicinity where such proposed restaurant will be located, and the past and anticipated characteristics of the intended use of the premises involved. Within twenty (20) days after receipt of said application, the License Review Board shall issue the permit if it finds:
a) That the application is complete and proper in form and all statements therein are true and correct;
b) That the proposed restaurant will create no apparent danger to the health and safety of the neighborhood or vicinity in which the restaurant is located;
c) That the intended use of the premises for which the permit is sought will not conflict with any laws of the State of California or ordinances of the City:
d) That either no alcoholic beverages are served at any hour of the day by said restaurant or said restaurant has a permit as a bona fide public eating place issued by the California State Department of Alcoholic Beverage Control; and
e) That no entertainment will be conducted on the premises between the hours of 2:00 A.M. and 6:00 A.M.
35.3.6 ISSUANCE OF PERMIT UPON CONDITIONS.
If the License Review Board finds that one or more of the requirements stated in Section 35.3.5. will not be satisfied in the operation of the proposed restaurant, said Board shall refuse to issue the permit; provided, however, that the license division may issue the permit upon the imposition of reasonable conditions appearing on the permit which, if observed by the applicant, will bring the intended operation into compliance with all the requirements stated in Section 35.3.5.
35.3.7 VIOLATION A MISDEMEANOR.
Violation of any of the conditions on the permit or operation without a permit shall constitute a misdemeanor.
35.3.8 REVOCATION; SUSPENSION; HEARING.
Whenever any permit shall be issued by the License Division under the terms of this Article, the same may be revoked at any time thereafter pursuant to Article 9 of Chapter 1. Revocation shall be effected if the conduct of the business in question will in any manner endanger the public health, or is conducted in an illegal, improper or disorderly manner, or any requirement or condition of this Article to the granting of a permit is not complied with.
35.4.1 DEFINITIONS.
a) Public dance halls shall mean any room, place or space, excepting a private residence, where dancing is held or carried on.
b) Public dance shall mean any dance not held or conducted in a private residence.
35.4.3 PERMIT REQUIRED.
(Amended by O-2267)
a) No person shall conduct a public dance without having first obtained a permit therefor from the License Review Board.
b) The License Review Board shall refuse to issue a permit when in its reasonable discretion it determines that the issuance of the permit would be contrary to the public health, safety or welfare. In making such determination, the License Review Board shall consider, among other criteria:
1) The effect the issuance of the permit will have on occupants and owners of adjacent property.
2) The adequacy of kitchen, if any, bar, if any, toilet and other facilities.
3) The record of the applicant and his employees in conducting similar activities in the past.
4) The effect that the issuance of the permit will have on traffic flow, traffic safety and on parking facilities; and
5) The proximity of bars and liquor stores to the dance hall.
c) The License Review Board may impose such conditions on the issuance of the permit and the conduct of the dance thereafter as it reasonably believes necessary to protect the public health, safety or welfare.
35.4.4 REGULATIONS.
(Amended by O-2267)
a) The License Review Board may make reasonable regulations governing the operation of public dance halls supplementing the provisions of this Division.
b) Such regulations shall be filed with the City Clerk and the License Supervisor and shall remain posted in a conspicuous place in every public dance hall for which a license has been issued.
35.4.5 HOURS AND DAYS OF OPERATION.
(Amended by O-1523; O-1526)
It shall be unlawful for any person to carry on or have charge or control of any dance or dancing in any public or private place, other than a private residence, between the hours of 2:00 A.M. and 8:00 A.M.
35.4.6 ILLUMINATION.
No person carrying on the business of a public dance hall or having charge of or control thereof shall carry on a public dance therein after sunset of any day unless the room or hall in which dancing takes place, including any loge, booth or alcove, be lighted or illuminated in such manner and to such extent so that all occupants of the dance hall are clearly visible at all times, but in no case shall the candlepower be less than five (5) footcandles at a distance of (30) inches from the floor of said room or place.
35.4.7 MINORS.
(Added by O-109)
a) No person under eighteen years of age shall enter, be in or dance in any public dance hall unless accompanied by his or her parent or legal guardian; no parent or guardian of a minor under eighteen (18) years of age, or the proprietor or person in charge of any public dance hall shall permit any such person to enter, be in, or dance in any public dance hall unless accompanied by his or her parent or legal guardian.
b) The provisions of this Section shall not apply to dances conducted by or under the auspices of the Park and Recreation Department or the Board of Education of the City, or by any club or organization expressly authorized by the Chief of Police to conduct dances for minors under eighteen (18) years of age.
35.4.8 ENCLOSURES.
There shall be no enclosures of any kind in a public dance hall, except office rooms to which patrons shall not have access and toilet facilities.
35.4.9 MARATHONS.
(Amended by O-2648)
a) It shall be unlawful for any person to carry on any marathon dancing contest, exhibition or race or any contest or exhibition of endurance in dancing, or any walkathon or any contest of a similar nature.
b) The provisions of paragraph a) of this Section shall not apply to any event that does not endanger the health or safety of the participants if that event is sponsored by a charitable organization whose purpose is to further medical research, combat a disease, improve patient care or patient rehabilitation facilities, or to provide services for handicapped persons, and if the event is held to raise funds for those purposes.
35.4.10 OFFENSES.
a) No person shall smoke on a public dance floor while dancing.
b) No person shall dance in a lewd or suggestive manner in a public dance hall.
c) No person shall conduct himself in a disorderly manner in a public dance hall.
d) No person in an intoxicated condition shall enter or remain in a public dance hall.
35.4.11 REVOCATION OF PERMIT.
a) A permittee who violates or permits a violation of any of the provisions of this Article or the regulations adopted hereunder shall be subject to having his permit revoked or suspended.
b) The permit may be revoked or suspended in the same manner as provided for the revocation and suspension of licenses by the provisions of Article 9 of Chapter 1.
35.4.12 POLICE SUPERVISION.
The presence of any police officer at any such public dance shall not relieve the permittee thereof, or any of his employees, from the responsibility of enforcing the provisions of this Article or the regulations issued hereunder.
35.5.1 PERMIT REQUIRED.
No person shall operate, conduct or manage any public place where any form of live entertainment is provided or furnished without having obtained an entertainment permit from the License Review Board.
35.5.2 APPROVAL OF ENTERTAINMENT PERMITS.
a) In determining whether to grant an entertainment permit, the License Review Board shall consider the following factors:
1) Whether the proponent can comply with all the rules and laws of the State of California and the City of Torrance governing establishments presenting live entertainment.
2) Whether the facilities of the establishment will be adequate for the presentation of the type of entertainment proposed. In making this determination, the License Review Board shall consider the following factors:
i) The size of the premises;
ii) The proposed facilities;
iii) The existing facilities;
iv) The potential of such type of entertainment to attract patrons;
v) The area of the establishment compared to the proposed seating to be available in the establishment;
vi) The availability of parking.
3) Whether the proposed use of any establishment (licensed under this Article) will be compatible with the neighborhood in which the establishment is located. In making such determination, the License Review Board shall consider the following factors which may reasonably be attributable to the proposed use of the establishment:
i) Any increase in traffic congestion or confusion;
ii) Hazards to public health or safety;
iii) General annoyances to the neighborhood;
iv) Proximity to educational and religious establishments and family residences.
4) Whether the establishment will be in compliance with all zoning ordinances of the City of Torrance and all the terms of any applicable conditional use permits or variances.
35.5.3 PUBLIC HEARINGS.
The License Review Board shall require a public hearing prior to taking action on an application for a permit pursuant to this Article.
a) Upon the filing of an application for a license for any establishment under this Article, the License Supervisor shall set a time for a public hearing before the License Review Board on whether said application should be approved or denied. Such hearing must be set for no later than thirty (30) days after the filing of the application.
b) The License Supervisor shall cause to be published a notice of public hearing two (2) times at intervals of not less than five (5) days, within the fifteen (15) day period following the filing of an application, in a newspaper of general circulation in the district where the business is to be located. Furthermore, the License Supervisor shall give notice by mail to all property owners within three hundred (300) feet of the proposed business. The License Supervisor shall cause a suitable notice to be posted at the location where the business is to be conducted. The applicant shall bear all expense involved in mailing, printing, publishing and posting such notice. Such public notice shall conform to the rules and regulations adopted by the License Review Board and shall be designed to inform the public as to the nature of the business to be engaged in, its location, the names of the applicant or applicants, the time of the public hearing and the right of persons objecting to be heard.
c) Any interested person may file written protests or objections, or appear at the hearing. The License Review Board shall give consideration to all such protests in reaching a decision on such application.
d) The License Review Board shall render its decision within five (5) days after the close of the public hearing. Where there has been a hearing at the Planning Commission previous to the License Review Board hearing, the License Review Board hearing shall be posted not more than seven (7) days after the final action of the Planning Commission.
35.5.4 RIGHT OF APPEAL.
(Amended by O-2822)
Any action by the License Review Board as to the promulgation of any rule or the decision on any license shall be subject to appeal to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1.
35.5.5 CHANGES OF TYPE OF ENTERTAINMENT PRESENTED.
(Added by O-2361; Amended by O-2362)
Where a permit to present live entertainment has previously been granted and the licensee proposes to change the type of entertainment to be presented, the following requirements shall apply.
1) The licensee shall appear before the Planning Commission for determination that all of the conditions of the existing conditional use permit have been complied with.
2) The Planning Commission shall also determine at such time that the proposed type of entertainment would be in compliance with the existing conditional use permit or, if not, whether a new conditional use permit should be granted. In making such determination, the Planning Commission shall consider the following factors:
a) Whether the new type of entertainment will differ materially in the amount or type of equipment and facilities needed.
b) Whether the facilities are adequate for the proposed entertainment.
c) Whether the new type of entertainment will have a tendency to increase the amount of patronage coming to the premises.
d) Whether the proposed use will have a deleterious effect on the neighborhood including its effect on zoning, traffic congestion, safety, public health, morals and welfare or any other impact upon the neighborhood in which the Planning Commission may find to be significant.
3) When the Planning Commission finds that the proponent has complied with the conditions of the existing conditional use permit and that the proposed entertainment is consistent with the conditional use permit as granted or a new conditional use permit has been issued, then the permittee shall appear before the License Review Board for an entertainment permit. At that time, the License Review Board shall consider whether to grant such entertainment permit based upon all the provisions in this Section as delineated in subsection 2.
35.6.1 AMUSEMENT DEVICE PERMIT.
All businesses having, or planning to install, amusement devices shall be required to obtain an amusement device permit. This permit shall be granted only if the License Review Board determines that the installation or use of such devices shall not be detrimental to the public peace, health, safety or welfare.
35.6.2 REVOCATION AND DECLARATION OF NUISANCE.
In the event that such devices at any time become detrimental to public peace, health, safety or welfare, the License Review Board may order a public hearing to determine whether or not such amusement devices should be forthwith removed, and whether or not these devices constitute a public nuisance.
35.6.3 REVOCATION OF ENTERTAINMENT AND/OR BUSINESS LICENSE.
If at said hearing it is determined that such devices should be removed and no appeal is requested, or if requested and such appeal is denied, then such devices must be removed within ten (10) days of the order of the License Review Board or the City Council, whichever is later. If not removed within that time, the entertainment license granted pursuant to Article 5 of this Chapter, or the business license granted pursuant to this Division, or both, shall be revoked without further hearing.
35.6.4 SUMMARY ABATEMENT OF NUISANCE.
If after the License Review Board determines that any amusement device is a public nuisance and there is no appeal or if an appeal is denied by the City Council, and the owner or operator of the premises or the devices does not remove said devices from the premises within ten (10) days of the filing of administrative decision by the License Review Board or the City Council, the Chief of Police may immediately abate the nuisance and remove any or all of said devices.
35.6.5 BETTING A MISDEMEANOR.
Every person who operates or causes to be operated, whether as an owner or employee, whether for hire or not, any amusement device for the purpose of wagering or betting, or any person who wagers or bets at, in relation to, any such machine is guilty of a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00), or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment.
35.7.1 MINING OPERATIONS; EARTH, SAND AND GRAVEL.
(Amended by O-2843; O-3354; O-3364)
The license tax for carrying on the business of earth, sand, and gravel mining shall be $332.002 per year, and in addition thereto, one (1) cent per ton for each ton of earth, sand, gravel, or combination thereof, severed from the location of the mine or mines.
35.7.2 PAYMENT OF SEVERANCE TAX.
The severance tax of one (1) cent per ton as provided in Section 35.7.1. shall be paid to the License Supervisor quarterly within thirty (30) days following the end of each calendar quarter for which the tax is due.
35.7.3 CHANGE OF FEE.
(Added by O-2843; O-3313)
a) If the Consumer Price Index, Urban Wage Earner and Clerical Worker, Los Angeles, Anaheim, Riverside Metropolitan Area, prepared by the United States Bureau of Labor Statistics, Department of Labor for the last calendar month available on October 31, 1990 shall stand at 130.5 (using the price prevailing during the years 1982-84 as a base of 100) then the amount of the fees provided in Section 35.7.1 shall remain as written herein.
b) If the said index for said month shall stand at other than 130.5 then the amount of fees provided in Section 35.7.1 shall be increased or decreased a corresponding amount; provided, however, that the fees shall be rounded to the nearest cent.
c) The amount of adjustment shall be determined by the Director of Finance, who shall provide such adjusted figures annually thereafter.
d) In the event the said Bureau shall revise the said index, the Director of Finance shall accept the method of revisions or conversion recommended by the Bureau.
e) If the said Bureau shall discontinue the preparation of the Consumer Price Index, Urban Wage Earner and Clerical Worker, Los Angeles, Anaheim, Riverside Metropolitan Area, prepared by the United States Bureau of Labor Statistics, Department of Labor, using prices prevailing in the years 1982-84 as a base of 100, and if no transposition table prepared by the Bureau is available which is applicable to the years 1982-84, then the fees shall be increased or decreased on the basis of any other nationally recognized indicator of increases or decreases in consumer product prices.
35.8.1 DEFINITIONS.
a) Swap meet shall mean any location, enclosure, lot or building where two (2) or more persons assemble from time to time to trade, barter, or sell personal property.
b) Swap meet operator shall mean any person who conducts a swap meet.
c) Swap meet participant shall mean any person who rents or is allotted a space from the swap meet operator and conducts the business of selling, buying or trading therein.
d) Participant space shall mean ground space occupied for one (1) day or fraction thereof by a participant, consisting of three hundred (300) square feet more or less.
35.8.2 LICENSE TAX.
(Amended by O-2843; O-3354; O-3364)
The license tax for operating a swap meet shall be $1,101.003 per quarter year, to be paid in advance. This tax shall entitle the operator to conduct a swap meet at the location specified in the license and in addition thereto shall entitle the operator to use parking lots in connection with said business and transport customers or prospective customers from said parking lot or lots to the swap meet location.
35.8.3 COLLECTION OF TAX.
(Amended by O-2843)
The swap meet operator shall collect from each participant twenty-six (26) cents per day or portion thereof for the privilege of occupying one (1) participating space. This fee when collected shall be the property of the City of Torrance and shall be paid to the License Supervisor within thirty (30) days following the end of each calendar quarter during which the license tax was collected from the participant.
35.8.4 CHANGE OF FEE.
(Added by O-2843; amended by O-3313)
a) If the Consumer Price Index, Urban Wage Earner and Clerical Worker, Los Angeles, Anaheim, Riverside Metropolitan Area, prepared by the United States Bureau of Labor Statistics, Department of Labor for the last calendar month available on October 31, 1990 shall stand at 130.5 (using the price prevailing during the years 1982-84 as a base of 100) then the amount of the fees provided in Section 35.8.2 shall remain as written herein.
b) If the said index for said month shall stand at other than 130.5 then the amount of fees provided in Section 35.8.2 shall be increased or decreased a corresponding amount; provided, however, that the fees shall be rounded to the nearest cent.
c) The amount of adjustment shall be determined by the Director of Finance, and he shall provide such adjustment figures annually thereafter.
d) In the event the said Bureau shall revise the said index, the Director of Finance shall accept the method of revisions or conversion recommended by the Bureau.
e) If the said Bureau shall discontinue the preparation of the Consumer Price Index, Urban Wage Earner and Clerical Worker, Los Angeles, Anaheim, Riverside Metropolitan Area, prepared by the United States Bureau of Labor Statistics, Department of Labor, using prices prevailing in the year 1967 as a base of 100, and if no transposition table prepared by the Bureau is available which is applicable to the years 1982-84, then the fees shall be increased or decreased on the basis of any other nationally recognized indicator of increases or decreases in consumer product prices.
35.9.1 LICENSE REQUIRED.
Every person advertising by sign, circular, handbill, newspaper, periodical, magazine, or other publication, or by any other means whatsoever, the telling of fortunes, forecasting of futures or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, for or without pay, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement of which is regulated by this Article, shall pay the license fee required by Section 33.18.73 and shall procure a license in the manner prescribed in this Chapter.
35.9.2 COMPLIANCE WITH LICENSE.
No person shall commence, engage in, carry on, or advertise that he will engage in or carry on any trade, calling, profession, or occupation specified in Section 35.9.1 without first having procured a license as required by the licensing provisions of this Division or without complying with any and all regulations of such trade, calling, profession or occupation contained in this Chapter or any other ordinance of the City; and the carrying on of any trade, calling, profession or occupation mentioned in this Chapter, without first having procured such a license when required so to do, or without complying with any and all regulations of such trade, calling, profession, or occupation contained in this Chapter, shall constitute a separate violation of this Chapter for each and every day that such trade, calling, profession, or occupation is so advertised, engaged in or carried on.
35.9.3 LICENSE APPLICATION.
Every person desiring to practice a profession, art or business specified in Section 35.9.1 shall make application to the Revenue Administrator. The applicant shall provide the following:
a) Name and address of the applicant.
b) Address of the proposed location for the conduct of the proposed profession, art or business.
c) Record of conviction for violations of the law, excluding minor traffic violations.
d) Two copies of a photograph, one inch by one inch in size, taken within two years of the application for submission to the Police Department.
e) The fingerprints of the applicant on a suitable form to be provided by the Police Department.
f) Address, city and state, and approximate dates when this applicant practiced a similar business, either alone or in conjunction with others.
g) Such other and further information as the Revenue Administrator may find necessary to process the application.
35.9.4 INVESTIGATION.
a) The Revenue Administrator shall make, or cause to be made, an investigation of each application in order to verify the facts contained in the application or the supporting data.
b) After conducting said investigation, the Revenue Administrator shall submit the application and the results of the investigation to the License Review Board, who shall conduct a hearing on the matter of the application.
35.9.5 ISSUANCE OF LICENSE.
a) At the conclusion of the hearing, the License Review Board shall approve the issuance of the license if they shall find:
1) All the information contained in the application or supporting data is true.
2) No information has been brought to the attention of the License Review Board as a result of the investigation which would require the said board to refuse such license.
b) The Revenue Administrator shall thereafter issue the license when:
1) The required fee has been paid, and
2) There shall have been posted with the City Clerk a surety bond in the principal sum of ten thousand dollars executed as surety by a good and sufficient corporate surety authorized to do a surety business in this State and as a principal by the applicant which shall have been approved by the City Attorney as to form, which bond shall have been given to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of the applicant within the City during the term of the license.
35.9.6 SEPARATE LICENSE FOR EACH PERSON.
Every natural person actively carrying on, conducting, or engaging in any of the professions, arts, businesses or callings for which a license is required, and enumerated in Section 35.9.1 shall file a separate application, separate photograph and fingerprints and pay a separate license fee as required by the licensing provisions of this title and post a separate bond as provided in Section 35.9.5 regardless of whether or not such natural person is practicing such profession, art, or pursuit on behalf of or for any firm, corporation, copartnership, association, society, or any other such organization.
35.9.7 BOND TERMINATION.
a) The liability on any bond deposited with the City as required by Section 35.9.5 may be terminated upon the filing with the City Clerk by the surety on the bond of a written notice to the City wherein shall be stated that the surety intends to terminate the liability upon the bond, said termination to become effective thirty days from and after the day upon which the notice of intention to terminate liability is filed with the City Clerk; provided, however, that in no case shall the termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof.
b) Upon the termination of liability by the surety upon any bond as provided in this Section, the license of the principal of the bond shall be automatically revoked.
35.9.8 LICENSE CANCELLATION.
Upon the discovery of any false or misleading statement in the application or any misrepresentation by the applicant in procuring the license, or upon the failure, neglect or refusal of the applicant to promptly, voluntarily and without notice, furnish and file a new bond when the surety on any bond has terminated its liability, and cause the same to be approved by the City Manager as to sufficiency of sureties and by the City Attorney as to form, or in case of death, bankruptcy or removal from the City of any one or both of the sureties on bond, then and in that event, the License Review Board, may, upon five days’ notice to the applicant, cancel and annul the license; whereupon the applicant shall be amenable to the penalties prescribed in this title, from and after the date of the cancellation, as though in this title, the license had never been granted.
35.9.9 ADVERTISING RESTRICTED.
a) No person shall announce or advertise in any newspaper, magazine, or other publication, or by handbill, pamphlet or poster, that any such person practices or engages in a calling, occupation, profession, or art specified in Section 35.9.1, or print, publish or circulate or permit to be printed, published or circulated any newspaper, magazine, handbill or other publication containing any such advertisement or announcement; provided, however, that any person holding a license from the City to engage in, practice, or carry on any of the callings, occupations, professions or arts may advertise in newspapers, magazines or other publications or by handbills, pamphlets, posters or cards only the name, address, telephone number and hours of business of such person, together with the name or names of the calling, occupation, profession or art carried on, engaged in or practiced.
b) Nothing in this Section shall be deemed to prohibit any bona fide church or religious organization from publishing or announcing notices of the meetings or services of such church or religious organization, nor to prohibit any minister, missionary, medium or worker of such church or religious organization from having printed or from using a business card in the ordinary form of business cards.
35.9.10 EXCEPTIONS.
a) The provisions of this Article shall not apply to any person solely by reason of the fact that he is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in connection with the business of telling fortunes. Nothing in this Section, however, shall be construed as exempting any person from the payment of the applicable license fee, if any, required to be paid by the licensing provisions of this title.
b) No person shall be required to pay any fee or take out any license for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvovant from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith; provided, further, that the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious association; provided, further, that the person holding a certificate of ordination from such bona fide church or religious association, as set forth in this Section, shall, before practicing the profession specified in this Article, file with the tax collector a certified copy of his certificate of ordination with his name, age, and street address in this City where he intends to carry on the business. Such bona fide church or religious association, as defined in this Section, may, however, pay to its ministers, missionaries, mediums, or workers a salary or compensation based upon a percentage basis; provided, that the agreement between the church and the minister, missionary, medium or worker, is embodied in a resolution and transcribed in the minutes of such church or religious association.
c) No person shall be required to pay any fee or take out any license for carrying on the art of reading tea leaves in any bona fide, regularly established restaurant, for the purpose of amusement to the patrons of the restaurant, where no charge for such readings is made.
35.10.1 LICENSE REQUIRED.
(Amended by O-3374; O-3479)
Every person or business agency who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters shall pay the license fee required by Section 33.18.74 and procure a license in the manner described in this Article.
35.10.2 LICENSE APPLICATION.
Every person desiring to provide escort services as provided in Section 35.10.1 shall make application to the Revenue Administrator. The applicant shall provide the following:
a) Name and address of the applicant, and the name under which the proposed business is to be conducted;
b) Address of the proposed location for the conduct of the proposed business;
c) Record of conviction for violations of the law, excluding minor traffic violations;
d) Two copies of a photograph, two inch by two inch in size, taken within two years of the application for submission to the Police Department;
e) The fingerprints of the applicant on a suitable form to be provided by the Police Department;
f) Address, city and state, and approximate dates when this applicant practiced a similar business, either alone or in conjunction with others;
g) Written proof that the applicant is over the age of eighteen (18);
h) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, residence addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five (5) percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the names, residence addresses and dates of birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall furnish a copy of the certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this Subsection pertaining to corporations shall apply. The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this Article, but only one application fee shall be charged;
i) In the event the applicant is not the owner of record of the real property upon which the escort bureau is or is to be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that an escort bureau is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the escort bureau is or will be located;
j) A definition of the service to be provided;
k) The true names and residential addresses of all persons employed or intended to be employed as escorts:
l) Each applicant for an escort permit, or renewal thereof, shall furnish a certificate from a medical doctor licensed to practice in the State of California, stating that the applicant has within thirty (30) days immediately preceding the date of the application been examined and found to be free of any contagious or communicable disease;
m) Such other and further information as the Revenue Administrator may find necessary to process the application.
35.10.3 INVESTIGATION.
a) The Revenue Administrator shall make, or cause to be made, an investigation of each application in order to verify the facts contained in the application or the supporting data.
b) After conducting said investigation, the Revenue Administrator shall submit the application and the results of the investigation to the License Review Board, who shall conduct a hearing on the matter of the application.
35.10.4 ISSUANCE OF LICENSE.
a) At the conclusion of the hearing, the License Review Board shall approve the issuance of the license if they shall find:
1) All the information contained in the application or supporting data is true;
2) Neither the applicant if an individual; nor any of the directors, officers or stockholders holding more than five (5) percent of the stock of the corporation; nor any of the partners, including limited partners, the holder of any lien of any nature or profit interest holder, manager; nor other person principally in charge of the operation of the existing or proposed escort bureau; nor any natural person employed or contracted with to be an escort or to provide escort services, has been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving sexual misconduct, including but not limited to all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and Subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code or any offenses involving pimping, pandering, prostitution or lewd conduct; or has permitted, through an act of omission or commission, his or her employee or agent to engage in any type of moral turpitude or sexual misconduct offense, whether misdemeanor or felony (under such circumstances, the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal and shall be grounds for permit denial);
3) The applicant has not had an escort bureau, introductory service or escort permit or other similar license or permit denied or suspended or revoked for cause by the City of Torrance or any other city or county located in or out of this State within the five-year period immediately preceding the date of the filing of the application;
4) No information has been brought to the attention of the License Review Board as a result of the investigation which would require the said board to refuse such license.
b) The Revenue Administrator shall thereafter issue the license when the required fee has been paid.
35.10.5 SEPARATE LICENSE FOR EACH PERSON.
Every natural person actively carrying on, conducting, or engaging in any of the activities for which a license is required, and enumerated in Section 35.10.1 shall file a separate application, separate photograph and fingerprints and pay a separate license fee as required by the licensing provisions of this Article, regardless of whether or not such natural person is participating on behalf of or for any firm, corporation, copartnership, association, society, or any other such organization.
35.10.6 ADVERTISING RESTRICTED.
No person shall announce or advertise in any newspaper, magazine, or other publication, or by handbill, pamphlet or poster, that any such person practices or engages in the activities specified in Section 35.10.1, or print, publish or circulate or permit to be printed, published or circulated any newspaper, magazine, handbill or other publication containing any such advertisement or announcement; provided, however, that any person holding a license from the City to engage in, practice, or carry on any of the activities may advertise in newspapers, magazines or other publications or by handbills, pamphlets, posters or cards only the name, address, telephone number and hours of business of such person or firm, together with the name or names of the services provided.
35.10.7 SEVRICES OF ESCORTS.
a) No holder of an escort bureau license shall employ as an escort any person under eighteen (18) years of age.
b) No holder of an escort bureau license shall furnish any escort to, or accept employment from any patron, customer or person to be escorted, who is under eighteen (18) years of age, except at the special instance and request of a parent, guardian or other person in lawful custody of the person upon whose behalf the escort or introductory service is engaged.
c) No holder of an escort permit shall escort, offer to escort or perform any activity described in this Article to any person under eighteen (18) years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort or introductory service is engaged.
35.10.8 TERM OF ESCORT LICENSE.
The term of an escort license, unless sooner suspended or revoked, shall be for a period of one year.
35.10.9 ESCORT LICENSE RENEWAL.
An escort license, issued pursuant to the provisions of this Article, which has not been suspended or revoked, may be renewed for a period of one year on written application to the Revenue Administrator. The application for renewal of a permit shall contain all of the information required in Section 35.10.2 of this Article, and shall be processed in accordance with the provisions of this Article.
35.10.10 ESCORT IDENTIFICATION CARD.
Each escort license holder shall be issued an identification card which will also serve as an escort permit. The permit holder shall carry such card in a visible position upon his or her person when acting as an escort and produce the same for inspection upon request. Each permit holder shall immediately surrender, to the Chief of Police, any escort permit issued by the City of Torrance upon the suspension, revocation or expiration of such permit, or upon leaving employment as an escort.
35.10.11 NUISANCE.
Any escort bureau operated, conducted or maintained contrary to the provisions of this Article shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an escort bureau or introductory service contrary to the provisions of this Article.
35.10.12 SUSPENSION OR REVOCATION.
In addition to the provisions of Section 31.9.10, if the License Review Board finds that any person holding an escort bureau license under the provisions of this Article has violated any of the provisions of this Article or conducts such business in such a manner as would have been grounds for denial of a license as set forth in Section 35.10.4, or if the License Review Board finds that any person holding an escort license is engaging in behavior or actions which violate any of the provisions of this Article or which would have been grounds for denial of an escort license as set forth in Section 35.10.4 above, it may suspend the license. No such suspension shall become effective, nor shall it result in a revocation of said license, until the licensee has been notified in writing of the right of such licensee to appear before the License Review Board and hear the evidence which is offered in support of the suspension or revocation and examine any witnesses offering such evidence. Notification of the licensee shall be made either by personal delivery or by certified mail, return receipt requested addressed to the licensee at the most recent residence or business address as set forth on the most recent application for license or renewal. If a timely appeal is filed, pursuant to the provisions of Article 5, Chapter 1, commencing at Section 11.5.1 of this Code, the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. Otherwise, the suspension or revocation shall become effective after the time for appeal has expired.
35.13.1 INTENT AND PURPOSE.
The intent and purpose of these regulations is to meet the requirements of the State Beverage Container Recycling and Litter Reduction Act of 1986; to meet community recycling needs; and to ensure the compatibility of recycling facilities with surrounding uses for the protection of the health, safety and general welfare of the City of Torrance and its residents.
35.13.2 DEFINITIONS.
Reverse vending machine(s) shall mean an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
35.13.3 CRITERIA AND STANDARDS, AND LICENSE FEES.
a) Reverse vending machines shall be permitted in all zones except residential zones upon administrative approval by the Building and Safety Director and obtaining a business license from the Finance Department.
b) Reverse vending machines shall comply with the following standards:
1) Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Torrance;
2) Shall not obstruct pedestrian or vehicular circulation;
3) Shall not occupy parking spaces required by the primary use;
4) Shall cumulatively occupy no more than fifty square feet of floor space per site, including any protective enclosure, and shall be no more than eight feet in height;
5) Shall be constructed and maintained with durable waterproof and rustproof material;
6) Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
7) Shall have a sign area of a maximum of four (4) square feet per machine, solely for the purpose of identifying the recycling facility or materials accepted for recycling. Additional area is permitted to provide operating instructions;
8) Shall be maintained in a clean, litter-free condition on a daily basis;
9) Operating hours shall be at least the operating hours of the host use;
10) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
11) Shall be located adjacent to building walls and designed to be aesthetically compatible with the host use and with surrounding uses.
c) Failure to comply with the above standards will result in a revocation of the administrative permit.
d) The license fee shall be Fifty Dollars ($50.00) per year per machine, along with an application fee of Seventy-seven Dollars ($77.00) per site.
e) The collection facilities, as defined under Section 96.3.42 (b)(4) shall be subject to a license fee of One Hundred Fifty Dollars ($150.00) plus Thirty-two Dollars ($32.00) per year per person working on site.
f) Large collection facilities and processing facilities as defined under Section 95.3.42 (b)(5) through (b)(8) shall be subject to a license fee of Three Hundred Dollars ($300.00) plus Thirty-two Dollars ($32.00) per year per person working on site.
ARTICLE 14 - MASSAGE THERAPY REGULATIONS
(Added by O-3720)
35.14.010 STATE CERTIFICATION REQUIRED-DEADLINE FOR COMPLIANCE.
Except where a specific exemption is applicable pursuant to Section 35.14.030, it is a violation of this Article for:
(a) Any person to engage in the practice of massage therapy and any massage business or establishment to employ or retain such a person, unless such person first obtains and continues to maintain in full force and effect a valid State Certificate.
(b) Any person holding a valid Massage Technician Permit pursuant to Torrance Municipal Code section 35.12.1 et seq. may continue to provide massage therapy under that Massage Technician permit until December 31, 2009. All Massage Technician Permits will expire at 11:59 p.m. on December 31, 2009. Upon expiration of the Massage Technician Permit, any person who wants to engage in the practice of massage therapy will be required to obtain a valid State Certificate prior to performing any massage therapy.
(c) Any massage business or establishment holding a valid Massage Establishment License pursuant to Torrance Municipal Code section 35.11.1 et seq. may continue to provide massage therapy services until December 31, 2009, as long as their employees, agents, independent contractors or other representatives providing massage therapy have a valid Massage Technician Permit or State Certificate. All Massage Establishment Licenses will expire at 11:59 p.m. on December 31, 2009. Upon expiration of the Massage Establishment License, any massage business or establishment will be required to get a license under this Article.
35.14.020 DEFINITIONS.
(a) Compensation. The term "compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(b) Employed or Retained By. The term "employed or retained by" includes:
(1) Any person who is a directly paid employee of a massage business or establishment;
(2) Any person whose association with a massage business or establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the business or establishment; and
(3) Any person who receives a referral of patrons from a massage business or establishment and who at any time before or after the referral arranges in any way for compensation to flow to the massage business or establishment or any of its owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or such parties record such compensation in their financial records).
(c) Massage, Massage Therapy, Bodywork. The terms "massage," "massage therapy," and "bodywork" are used in this Article interchangeably and mean the application of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of the external surfaces of the body with hands or with any object or appliance. The terms "massage," "massage therapy," and "bodywork" specifically exclude the diagnosis, prescription, intentional manipulation or adjustments of the skeletal structure, or any other service, procedure or therapy which requires a license to practice (e.g., chiropractic, osteopathy, orthopedics, physical therapy, podiatry, or medicine), hypnosis, naturopathic, colonic irrigation, acupuncture, vacuum cupping, nutritional or dietary counseling, detoxification programs, yoga, exercise, spiritual healing, or procedures which penetrate body cavities, either manually or with any other method of intrusion.
(d) License Supervisor. The term "License Supervisor" means the License Supervisor of the City of Torrance or his or her authorized representative(s).
(e) Massage Business or Establishment. The term "massage business or establishment" means any business or establishment which offers massage therapy in exchange for compensation at a fixed place of business. Any business or establishment which offers any combination of massage therapy and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, will be deemed a massage business or establishment under this Article.
(f) Massage Practitioner. The term "massage practitioner" means any person to whom a State Certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of massage therapy for compensation. As used in this Article, the terms "bodywork practitioner" or "massage and bodywork practitioner" will have the same meaning as "massage practitioner."
(g) Massage Therapist. The term "massage therapist" means any person to whom a State Certificate has been issued pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation. As used in this Article, the terms "bodyworker," "bodywork therapist," or "massage and bodywork therapist" will have the same meaning as "massage therapist."
(h) State Certificate. The term "State Certificate" means the certificate issued by the California Massage Therapy Council (referred to as the Massage Therapy Organization in SB 731) to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code.
(i) Operator. The term "operator" means any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a massage business or establishment.
(j) Owner. The term "owner" means any of the following persons:
(1) The sole proprietor of a massage business or establishment. As used in this Article, the term "sole proprietor" will mean a massage business or establishment where the owner is the only person employed by that business or establishment to provide massage therapy;
(2) Any general partner of a partnership that owns and operates a massage business or establishment; or
(3) Any person who has a 20 percent or greater ownership interest in a corporation that owns and operates a massage business or establishment.
(k) Person. The term "person" means any individual, proprietorship, partnership, corporation, firm, association, joint stock company, or combination of the above in whatever form or character.
(l) Police Chief. The term "Police Chief" means the Police Chief of the City of Torrance or his or her authorized representative(s).
(m) Recognized School of Massage. The term "recognized school of massage" means a facility that teaches the theory, ethics, practice, profession and work of massage therapy and that is approved by any of the following:
(1) The Bureau for Private Postsecondary and Vocational Education pursuant to former Section 94739 of the California Education Code prior to July 1, 2007;
(2) The Department of Consumer Affairs;
(3) An institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following: (a) a public institution; (b) an institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the California Corporations Code, and that is not managed by any entity for profit; (c) a for-profit institution; (d) an institution that does not meet all of the criteria in subsection 3.(b) of this definition, that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the California Corporations Code, that has been in continuous operation since April 15, 1997, and that is not managed by any entity for profit;
(4) A college or university of the state higher education system, as defined in Section 100850 of the California Education Code; or
(5) A school of equal or greater training that is approved by the corresponding agency in another state or territory of the United States or accredited by an agency recognized by the United States Department of Education.
The term "recognized school of massage" does not include a school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class.
(n) Sexually Related Crime. The term "Sexually Related Crime" means:
(1) A violation of Section 266i, 315, 316, 318, 647(a), or 647(b) of the Penal Code, or any similar offenses under the criminal or penal code of this state or any other states or countries.
(2) Has been required to register under the provisions of Penal Code section 290.
(o) Specified Criminal Activity. The term "Specified Criminal Activity" means:
(1) Conviction of a Sexually Related Crime, or conviction of any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or any similar offenses under the criminal or penal code of this state or any other states or countries.
(2) The fact that a conviction is being appealed will have no effect on the determination of whether the Applicant or Licensee has been convicted of a specified criminal activity under this Article.
35.14.030 EXEMPTIONS FROM ARTICLE.
This Article will not apply to:
(a) Persons holding a valid certificate to practice the healing arts under the laws of the state of California and their employees, 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;
(b) State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments, or other state-licensed physical or mental health facilities and their employees;
(c) Recognized schools of massage described under Section 35.14.020(m)(3) or Section 35.14.020(m)(4) and their students in training, provided such students provide massage therapy only under the direct personal supervision of an instructor;
(d) 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 patrons;
(e) Persons who provide massage therapy to amateur, semi-professional 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;
(f) Persons who hold a valid State Certificate and who are practicing consistent with the qualifications established by such certificate; and
(g) Massage businesses or establishments as defined under paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, except that such businesses or establishments will not be exempt from this Article to the extent Section 4612 expressly permits the regulation of such businesses or establishments by local ordinance.
35.14.040 REGISTRATION AND NOTIFICATION REQUIREMENTS.
(a) Every nonexempt massage business or establishment, and every massage business or establishment as defined under paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, must:
(1) Provide the License Supervisor with a copy or other evidence of the State Certificate of every person who is employed or retained by the business or establishment to provide massage therapy, prior to the commencement of such person’s period of employment;
(2) Maintain on its premises a copy or other evidence of each such State Certificate for review by the Police Department; and
(3) Notify the License Supervisor of any intention to rename, change management, or convey the business or establishment to another person. Any change of name, management, ownership, or address will require approval by the License Supervisor.
(4) Provide, on or before the 5th day of each calendar month, a full list of all employees, agents, independent contractors or other representatives that are providing massage therapy at the massage business or establishment.
(5) Provide the License Supervisor a report regarding any change of employees, agents, independent contractors or other representatives that are providing massage therapy at the massage business or establishment. All hires will be reported to the License Supervisor prior to any employee, agent, independent contractor or other representative commencing work at the massage business or establishment. All discharges or terminations will be reported to the License Supervisor within 5 working days.
(6) Provide the License Supervisor the name, address, and date of birth of every person listed above in subsection (a)(1). Any change of home address will be reported to the License Supervisor within 15 days of the change of address.
35.14.050 HOURS OF OPERATION.
No licensee, and no nonexempt massage business or establishment, or massage business or establishment described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, will provide massage therapy to the public for compensation between the hours of 9:00 p.m. and 8:00 a.m. of the following day. Provided, however, that any licensee or establishment identified in this Section that is operating as an ancillary business or operation on the premises of a primary business and whose gross floor area constitutes less than 5% of the gross floor area of the primary business may provide massage therapy to the public for compensation during any hours when the primary business is open to the public.
35.14.060 PROHIBITED ADVERTISING PRACTICES.
(a) It is a violation of this Article for any person who does not possess a valid State Certificate on or after September 1, 2009, and for any massage business or establishment that employs or retains such a person, to:
(1) State or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that such person is certified, registered or licensed by a governmental agency as a massage therapist or massage practitioner; or
(2) Hold oneself out or use the title of "certified massage therapist," "certified massage practitioner," or any other term, such as "licensed," "registered," or "CMT," that implies or suggests that such person is the holder of a State Certificate.
(b) It is a violation of this Article for any massage business or establishment, licensee, or any other person providing massage therapy to the public for compensation, to advertise through any print or electronic media that is classified for adults only or similar classification.
(c) It is a violation of this Article for a massage business or establishment to place an advertisement, in any print or electronic media, that does not include the State Certificate number of the massage practitioner or massage therapist that will be performing the services advertised. A massage business or establishment may comply with this subsection by listing in the print advertisement at least one State Certificate number along with a link to the website of the massage business or establishment that lists all of the State Certificate numbers of the massage practitioners or massage therapists that will be performing the services advertised.
35.14.070 MINORS.
It is unlawful for any nonexempt massage business or establishment, and for any massage business or establishment described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, to:
(a) Employ or retain any person who is under the age of 18 years to provide any massage therapy to the public for compensation; or
(b) Provide massage therapy to any person who is under the age of 18 years, except at the special instance and request of a parent or other person in lawful custody of the minor.
35.14.080 PHYSICAL FACILITY AND BUILDING CODE REQUIREMENTS.
The following physical facility and building code requirements are applicable to all nonexempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:
(a) All exit doors will be kept unlocked during business hours.
(b) All doors to dressing rooms, toilet rooms and massage therapy rooms or cubicles will open inward and will be self-closing. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy rooms or cubicles.
(c) Minimum lighting as required by California Building Code section 1205.3 or any successor section.
(d) A massage table will be used for all massage therapy, with the exception of "Thai," "Shiatsu," and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs or similar style of garment. The tables should have a minimum height of 18 inches. Beds, floor mattresses and waterbeds are not permitted on the premises of the business or establishment.
(e) All locker facilities that are provided for the use of patrons will be fully secured for the protection of the patron’s valuables, and the patron will be given control of the key or other means of access.
(f) The business or establishment will comply with the following state building standards:
(1) The California Building Code as adopted by Torrance Municipal Code section 81.1.1 and as amended by Article 2 of Chapter 1 of Division 8 of the Torrance Municipal Code.
(2) The California Electrical Code as adopted by Torrance Municipal Code section 82.1.1 and as amended by Article 2 of Chapter 2 of Division 8 of the Torrance Municipal Code.
(3) The California Plumbing Code as adopted by Torrance Municipal Code section 83.1.1 and as amended by Article 2 of Chapter 3 of Division 8 of the Torrance Municipal Code.
(4) The California Fire Code as adopted by Torrance Municipal Code section 85.1.1 and as amended by Article 2 of Chapter 5 of Division 8 of the Torrance Municipal Code.
(5) The California Mechanical Code as adopted by Torrance Municipal Code section 89.1.1 and as amended by Article 2 of Chapter 9 of Division 8 of the Torrance Municipal Code.
35.14.090 HEALTH AND SAFETY REQUIREMENTS.
The following health and safety requirements are applicable to all nonexempt massage businesses or establishments, and to all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:
(a) The business or establishment will at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens, and all massage tables will be covered with a clean sheet or other clean covering for each patron. After a towel, covering or linen has once been used it will be deposited in a closed receptacle and not used until properly laundered and sanitized. Towels, coverings and linens will be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at least 140 degrees Fahrenheit for not less than 15 minutes during the washing or rinsing operation. Clean towels, coverings and linens will be stored in closed, clean cabinets when not in use.
(b) All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, and hot tubs and pools will be thoroughly cleaned and disinfected as needed, and at least once each business day the premises are open and such facilities are in use. All bathtubs will be thoroughly cleaned and disinfected after each use.
(c) All liquids, creams, or other preparations used on or made available to patrons will be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers will be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to a patron, it will be removed from the container in such a way as not to contaminate the remaining portion.
(d) No invasive procedures will be performed on any patron. Invasive procedures include, but are not limited to: (1) application of electricity which contracts the muscle; (2) application of topical lotions, creams, or other substances which affect living tissue, such as chemical peel preparations or bleaches; (3) penetration of the skin by metal needles; (4) abrasion of the skin below the nonliving, epidermal layers; (5) removal of skin by means of any razor-edged instrument or other device or tool; and (6) any needle-like instrument which is used for the purpose of extracting skin blemishes and other similar procedures.
(e) All bathrobes, bathing suits and/or other garments that are provided for the use of patrons will be either fully disposable and will not be used by more than one patron, or will be laundered after each use pursuant to subsection A of this section.
(f) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons will be either fully disposable and will not be used by more than one patron, or will be fully disinfected after each use.
(g) No patrons will be allowed to use any shower facilities of the business or establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons will be either fully disposable and will not be used by more than one patron, or will be fully disinfected after each use.
(h) The patron’s genitals, pubic area, anus, and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the business or establishment is in the massage therapy room or cubicle with the patron. No massage therapy will be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron.
(i) The massage business or establishment must comply with the Public Health Code as adopted by Torrance Municipal Code section 47.1.1 and as amended by Article 2 of Chapter 7 of Division 4 of the Torrance Municipal Code.
(j) The massage business or establishment will keep a record of the dates and hours of each treatment or service, name, address and birth date of the patron, which must be verified by the patron showing legal identification prior to the provision of service, the name of the Massage Therapist or Massage Practitioner administering such service, and a description of the treatment or service rendered. These records will be open to inspection by the health officials charged with the responsibility of preventing the spread of communicable and contagious diseases and to officials, including a police officer, charged with the enforcement of the provisions of this Article. The information furnished or secured as a result of any such records will be used only to ensure and enforce compliance with this Article and other applicable laws and will otherwise remain confidential. Officials charged with enforcement of this Article will periodically inspect the records to ensure compliance with this Article. The records must be maintained for a period of not less than one year.
(k) The massage business or establishment must display the State Certificate of each massage therapist or massage practitioner that is providing massage therapy in a conspicuous place within the massage business or establishment so that it may be readily seen by persons entering the premises.
35.14.100 ATTIRE AND PHYSICAL HYGIENE REQUIREMENTS.
The following attire and physical hygiene requirements will be applicable to all massage therapists and massage practitioners who are employed or retained by a nonexempt massage business or establishment, or by a massage business or establishment described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:
(a) All persons will be clean and wear clean and sanitary outer garments at all times. All outer garments will be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two inches below the collarbone. The midriff may not be exposed.
(b) All persons will thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron. No massage therapy will be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded, cut) or where a skin infection or eruption is present.
(c) No person afflicted with an infection or parasitic infestation capable of being transmitted to a patron will knowingly provide massage therapy to a patron, or remain on the premises of a massage business or establishment while so infected or infested. Infections or parasitic infestations capable of being transmitted to a patron include, but are not limited to:
(1) Cold, influenza or other respiratory illness accompanied by a fever, until 24 hours after resolution of the fever;
(2) Streptococcal pharyngitis ("strep throat"), until 24 hours after treatment has been initiated and 24 hours after resolution of fever;
(3) Purulent conjunctivitis ("pink eye"), until examined by a physician and approved for return to work;
(4) Pertussis ("whooping cough"), until five days of antibiotic therapy has been completed;
(5) Varicella ("chicken pox"), until the sixth day after onset of rash or sooner if all lesions have dried and crusted;
(6) Mumps, until nine days after onset of parotid gland swelling;
(7) Tuberculosis, until a physician or local health department authority states that the person is noninfectious;
(8) Impetigo (bacterial skin infection), until 24 hours after treatment has begun;
(9) Pediculosis (head lice), until the morning after first treatment; and
(10) Scabies ("crabs"), until after treatment has been completed.
Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), will not be considered infectious or communicable diseases for the purpose of this subsection.
35.14.110 INSPECTION BY GOVERNMENT OFFICIALS.
(a) All nonexempt massage businesses or establishments, and all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612, will permit representatives of the county health department, the City of Torrance Police Department, Fire Department, Community Development Department, and/or other City or county departments or agencies, to conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within the premises, to the extent allowed by law and during the regular business hours of the business or establishment, for the purpose of ensuring compliance with state and local law, including, but not limited to, Chapter 10.5 (commencing with Section 4600) of the California Business and Professions Code, the requirements of this Article, or other applicable fire and health and safety requirements.
(b) Nothing in this section will be deemed to prohibit the above-described government officials from pursuing any and all available legal remedies to secure entry into and inspection of the premises of the business or establishment if such entry is refused, or for any other reason allowed by law.
(c) It is a violation of this Article for the business or establishment to prohibit or interfere with such lawful inspection of the premises at any time it is open for business.
35.14.120 OWNER AND OPERATOR RESPONSIBILITY-DENIAL, REVOCATION, RESTRICTION OR SUSPENSION OF BUSINESS LICENSE.
The following provisions will apply to all nonexempt massage businesses or establishments, and all massage businesses or establishments described in paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code:
(a) For the purpose of enforcement of the requirements of this Article, all owners and operators of the business or establishment will be responsible for the conduct of all of its employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy.
(b) The City may:
(1) Require the business or establishment in its application for a business license, or for the renewal of a business license, to provide relevant information to the activities of the business or establishment regulated by this Article;
(2) Make reasonable investigations into the information so provided;
(3) Charge a business licensing fee sufficient to cover the costs of the business licensing activities regulated by this Article; and
(4) Deny, revoke, restrict or suspend a business license for any of the following causes: (a) an employee, agent, independent contractor or other representative of the business or establishment has committed a violation of this Article, or of Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code; or (b) the business or establishment has provided materially false information in its application for a business license, (c) allowing an employee, agent, independent contractor or other representative of the business or establishment to provide massage therapy without a State Certificate, or (d) any criminal offense listed under Section 35.14.020(n) or Section 35.14.020(o).
(c) No business or establishment may apply for a license under this Article within one year from denial of a license to such business or establishment or within one year from the revocation of a license issued to such business or establishment, unless the cause of the denial or revocation has been remedied to the satisfaction of the License Review Board, or the City Council upon appeal.
35.14.130 SUMMARY SUSPENSION.
A business license issued under this Article may be summarily and temporarily suspended by the Police Chief or License Supervisor in the event it is determined that the massage business or establishment or any of its owners, operators, employees, agents, independent contractors or other representatives has violated or permitted to be violated any of the provisions of this Article or of Chapter 10.5 of Division 2 of the California Business and Professions Code. The suspension will be accomplished by posting a notice of the suspension on the premises. A copy of the notice of suspension will be sent by First Class mail to the owner or operator of the massage business or establishment. A hearing will be held by the City Manager, or the City Manager’s designee, within 10 days of the suspension, unless a continuance is requested by the owner or operator of the massage business or establishment.
35.14.140 SUSPENSION OR REVOCATION.
(a) The License Review Board may suspend or revoke a massage business or establishment license pursuant to this Article if the Board finds: (1) that any owner, operator, corporation or partnership, or employee, agent, independent contractor, or other representative of the massage business or establishment has violated any of the provisions of this Article or Chapter 10.5 of Division 2 of the Business and Professions Code; (2) that any owner, operator, corporation or partnership, or employee, agent, independent contractor, or other representative of the massage business or establishment conducts business in any manner that would have been grounds for denial of a license; or (3) that any owner, operator, corporation or partnership, or employee, agent, independent contractor, or other representative of the massage business or establishment is engaging in behavior or actions which violate any of the provisions of this Article or Chapter 10.5 of Division 2 of the Business and Professions Code.
(b) No suspension or revocation will become effective until the massage or business establishment has been notified in writing of the right of such licensee to appear before the License Review Board and hear the evidence which is offered in support of the suspension or revocation, and to examine witnesses offering such evidence; to offer evidence in his or her own behalf, to be represented at such hearing, and to have the services of an interpreter paid for at their own expense.
(c) Written notification of the suspension or revocation, as well as the right to a hearing before the License Review Board, will be served upon the licensee at the last address shown in the records of the Revenue Administrator for the massage business or establishment. This notification will be sent by First Class mail or by personal delivery to the premises of the massage establishment or business. Upon mailing or personal service of the notice, the massage business or establishment will have 15 days to petition for a hearing before the License Review Board. If a petition for a hearing is filed, the hearing will be set within 30 days and may be continued from time to time thereafter. If no such petition for hearing is filed, the suspension or revocation will become effective on the 16th day after mailing or personal service.
35.14.150 APPEAL.
Upon the denial, revocation, or suspension of any license required by this Article by the License Review Board, the applicant or licensee may appeal to the City Council pursuant to the provisions of Article 5 of Chapter 1 of Division 1.
35.14.155 OPENING OF A NEW MASSAGE ESTABLISHMENT WHERE A PRIOR MASSAGE ESTABLISHMENT HAS BEEN CLOSED DUE TO CRIMINAL ACTIVITY.
(Added by O-3776)
Notwithstanding any other provision of this Code to the contrary, when a massage establishment has been closed due to criminal activity, no new massage establishment is permitted to open in that location for a period of two (2) years from the date of the closure decision.
35.14.160 REMEDIES CUMULATIVE—EACH DAY A SEPARATE OFFENSE.
Any person subject to this Article who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this Article will be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person. All remedies provided herein will be cumulative and not exclusive.
35.14.170 PUBLIC NUISANCE.
Any use or condition caused or permitted to exist in violation of any of the provisions of this Article will be and is hereby declared a public nuisance and, as such, may be abated or enjoined from further operation pursuant to Penal Code Section 370 et seq., Penal Code Section 11225 et seq., Civil Code Section 3479 et seq., Torrance Municipal Code Section 92.35.2, or any other federal, state, or local law.
35.14.180 CRIMINAL PENALTIES.
Any person subject to this Article who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this Article commits a misdemeanor. Any person convicted of a misdemeanor will be subject to punishment by fine and/or imprisonment to the maximum extent permitted by state law.
35.14.190 CIVIL INJUNCTION.
The violation of any provision of this Article will be and is hereby declared to be contrary to the public interest and will, at the discretion of the City, create a cause for injunctive relief.
Fees increased/decreased pursuant to Section 31.2.16.
Fees increased/decreased pursuant to Section 35.7.3.
Fees increased/decreased pursuant to Section 31.2.16.