CC Ordinance 2200Ordinance No. 2200
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CERTAIN SECTIONS OF CHAPTER 5.48 OF THE CAMPBELL
MUNICIPAL CODE RELATED TO THE PRACTICE OF MASSAGE AND SECTION
6.10.160 OF THE CAMPBELL MUNICIPAL CODE REGARDING INSPECTIONS OF
PROPERTY
The City Council of the City of Campbell does ordain as follows:
SECTION 1. Findin s: While legitimate massage establishments offer a valuable
service to the public, the City has experienced a significant number of massage
establishments that engage in prostitution and other illegal activities. The policing of
these establishments has put a strain on the City's law enforcement resources as the
number of establishments has grown significantly over the past few years. It is the intent
of this Ordinance to amend Campbell's existing massage regulations to allow for a
reasonable number of legitimate massage establishments to serve the needs of the
public, while allowing for adequate policing of the establishments to be allowed within
the City in order to protecting the public from the legal activities that have too often been
associated with these businesses.
SECTION 2. Definition of Massage Establishment: Campbell Municipal Code section
5.48.020 is amended to read as follows, with underlining indicating new text and
strikeouts (°'~~~) indicating deleted text:
5.48.020 -Definitions.
For the purposes of this chapter, unless the context clearly requires a different meaning,
the words, terms and phrases set forth in this chapter shall have the meanings given to
them in this section:
(a) "Bathroom" means any room containing a toilet, shower or bathtub;
(~) (b) "Chief of police" means the Chief of the Campbell Police Department or his/her
designee, including a police officer who is responsible for receiving applications and
required fees and processing permit applications as required by this chapter;
(c) "Employee" means anyone working at a massage establishment, including but not
limited to owners operators, employees and independent contractors;
(~ u "For compensation" means the exchange of massage services for money, goods,
or other services. An establishment or person cannot avoid the requirements of this
Page 1 of 15
chapter by offering free massage in conjunction with other services or goods provided to
a client or customer for compensation;
(~} ~ "Managing employee" means any employee of a massage establishment who
has responsibility for supervising, directing, or assigning work to massage therapists;
(~} ~f "Massage" means any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the
human body with the hands or any other parts of the body or with the aid of any
mechanical or electrical apparatus or other appliances or devices, with or without the
use of oils, creams, tonics, lotions, antiseptics, tanning products, or other similar
preparations. Massage shall further include baths, including aromatherapy, vapor,
shower, electric tub, sponge, hot towels, sauna, steam, or any other type of bath where
the essential nature of the service involves any method of pressure or friction against, or
stimulating the external parts of the human body, with the hands or any other parts of
the body;
(e) ~ "Massage establishment" means an establishment having a fixed place of
business where any person, firm, association or corporation practices or otherwise
permits massage for compensation. For the purposes of this chapter, the term
"massage establishment" includes establishments that offer services such as relaxation,
hot tub, towel wraps, baths, health treatments, tanning, or any service where the
essential nature of the interaction between the employee and the customer involves a
massage. ; ; "mvccv5c ~°+,tir~ti.,,e.,.~~ ,fâe~ .,,.+ ~..,.~ r,e ., ,.~e ..r,..,r;o,,,r~ti .. ;f /a 1 ftiere
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(#3 ~ "Massage therapist" or "massage therapist trainee" means any person who, for
any type of compensation, or as part of a business or commercial transaction, practices
massage-;
(~j (i) "Out call massage" means providing massage services for compensation, or as
part of a business or commercial transaction at a location other than at a permitted
massage establishment;
(#j (~ "Operator" means any individual who has any ownership interest in the massage
establishment;
(+) ~ "Permit" means a written document issued in accordance with this chapter
authorizing the holder to engage in the business specified in the document. Three types
of permits are issued pursuant to this chapter: establishment permits, therapist permits,
and trainee permits;
"Recognized school of massage" means any school or institution of learning
which:
Page 2 of 15
(1) Is approved under the California Education Code, Section 94311, as a vocational or
postsecondary institution, or if the school is not located in California, has complied with
standards commensurate with those required in Section 94311; and,
(2) Is recognized by a national professional massage or body therapy organization.
Any school or institution of learning allowing correspondence course credit not requiring
actual attendance at class shall not be deemed a "recognized school of massage;"
(~} ~ "State massage certification" means a current, unexpired certification issued
pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code;
(~ ~ "Trainee permit" means a permit issued by the chief of police authorizing an
individual, who is in the process of completing the educational requirements leading to
the practice of massage therapy, to practice massage for a limited period of time not to
exceed twelve months. A trainee permit is non-renewable. Trainee permits are not
issued for out call massage services;
(~} (~ "Working under the supervision" means that the massage therapist trainee has
his/her work directed by:
(1) A professional licensed to practice any healing art under the provisions of Division 2
(commencing with Section 500) of the California Business and Professions Code; or
(2) A professional licensed to practice any services under the California Barbering and
Cosmetology Act (Business and Professions Code Section 7301 et seq.); or
(3) A massage therapist who is licensed, permitted, or otherwise authorized to practice
massage under this chapter or under the local or state regulations applicable to the
establishment in which the therapist practices.
SECTION 3. Requirement for State Massage Certificate: Campbell Municipal Code
section 5.48.042 is amended to read as follows, with underlining indicating new text and
strikeouts (s#rikeeut) indicating deleted text:
5.48.042 -Stay on issuance of therapist permits; state massage
certification required.
The city shall not issue any therapist permits or trainee permits at any time during which
the state massage certifications are being issued. Anyone required by this chapter to
obtain a therapist permit, trainee permit or state massage certification must obtain and
possess a state massage certification at all times during which +~° eF^F° r.F ~..I;F^r^;.. ;~
°^^°^°~' ~^'~° ~°°~ ~°^^° ^F °~ ~^~ state massage certifications are being issued.
SECTION 4. Exemptions from Permit: Campbell Municipal Code section 5.48.060 is
amended to read as follows, with underlining indicating new text and strikeouts
(st~+kesat) indicating deleted text:
Page 3 of 15
5.48.060 -Exemption.
(a) No establishment permit, therapist permit or trainee permit shall be required of the
following persons when practicing massage within the scope of his/her license:
(1) Any barber, cosmetologist, esthetician, manicurist, electrologist, apprentice barber
instructor, or cosmetology instructor licensed under the California Barbering and
$u Cosmetology Act (Business and Professions Code Section 7301 et seq.);
I, (2) Any person licensed to practice any healing art under the provisions of Division 2
(commencing with Section 500) of the California Business and Professions Code.
(b) No establishment permit shall be required for the following persons while engaging
in the performance of duties of their respective professions:
(1) Massage therapists, in possession of a valid massage permit or state massage
certification, while performing massage in the offices of a licensed physician, surgeon,
chiropractor or osteopath and while under the direct supervision and medical
recommendation of such licensed medical professional;
(2) Nurses, physical therapists, or occupational therapists who are duly licensed to
practice their professions in the State of California while performing massage within the
scope of their profession at a licensed medical or physical therapy business;
(3) Barbers or cosmetologists who are duly licensed under Division 6 of the California
Business and Professions Code while performing massage at a licensed barber shop or
cosmetology salon, within the scope of their license, and for which no separate or
additional fee is charged;
(4) Massage therapists, in possession of a valid massage permit or state massage
certification, providing massage services at a licensed personal fitness training center or
gym that are clearly incidental to the operation of that business;
(5) Acupuncturists who are licensed to practice their profession in the State of California
while providing massage services within the scope of their profession at a licensed
acupuncture clinic;
(6) Massage therapists, in possession of a valid permit or state massage certification,
providing massage services at an annual recreational or community event, provided that
massage services are made equally available to all participants of the event, the event
is open to participation er of a significant segment of the public such as employees of a
sponsoring or participating corporation, massage services are provided at the event site
and during the hours the event is scheduled, the event sponsors have approved of the
provision of massage services, and those providing massage services are not the
primary sponsors of the event.
(c) No therapist permit or trainee permit shall be required of anyone who provides proof
of state massage certification,
Page 4 of 15
SECTION 5. Application for Permits: Campbell Municipal Code section 5.48.070 is
amended to read as follows, with underlining indicating new text and strikeouts
(°'~~~eQt) indicating deleted text:
5.48.070 -Application for an establishment permit or therapist permit.
(a) Written application for an establishment permit or therapist permit required by this
chapter and any renewal thereof shall be filed with the chief of police. Such application
shall be accompanied by a fee as approved by the city council. Nothing contained
herein shall exempt the applicant from any and all other applicable license taxes and
fees.
(b) The following information shall be provided in the application concerning the
applicant, if an individual; and concerning each stockholder, each officer and each
director, if the applicant is a closely held corporation; and concerning each member, if a
limited liability company; and concerning each partner, including limited partners, if the
applicant is a partnership; and concerning the operator of the establishment;_
(1) Name, present residential and business addresses, telephone numbers, birth date
and California driver's license or identification card number of the applicant;
(2) All residential addresses and dates of residence for five years preceding the date of
the application;
(3) Business, occupation or employment history of the applicant for the five years
immediately preceding the date of the application;
(4) Satisfactory proof that the applicant is over the age of eighteen years. Satisfactory
proof may consist of a California driver's license, California identification card or a
United States passport;
(5) A listing and explanation of any arrests or convictions for any felonies or non-traffic
related misdemeanors;
(6) Documentation to substantiate that the applicant has met the educational
requirements as set forth in Section 5.48.050(a);
(7) Fingerprints of the applicant;
(8) Two portrait photographs of the applicant, at least two inches by two inches in size;
(9) Statement indicating whether the applicant has ever had an ownership interest in,
operated or been employed by any business which has been the subject of an
abatement proceeding under the California Red Light Abatement Act (California Penal
Code Sections 11225-11325) or any similar abatement laws in other jurisdictions;
(~ L~ Any other information as required by the chief of police relevant to the
provision of massage services.
Page 5 of 15
(c) In addition to the information required above, an applicant for an establishment
permit must also provide:
(1) A statement on whether the applicant owns, leases or rents the premises where the
massage establishment will be located. If the applicant leases or rents the premises, the
applicant shall provide the name, address and telephone number of the owner of the
premises and the term of any lease;
(2) The address where the applicant proposes to operate a massage establishment and
the name under which the business will be operated;
(3) The business name, street address, and city of any and all businesses where the
applicant conducted any business providing massage, relaxation, hot tub, towel wraps,
baths, health treatments, or tanning services within twenty-four months preceding the
date of the application;
(4) Evidence of applicable land use and/or building permits as required by the City of
Campbell;-
~) The names and birth dates of all persons who will be providing massage at the
massage establishment, together with color photographs of those persons and proof
that those persons possess a valid state massage certification.
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(e} ~ Notwithstanding the foregoing provisions, any applicant for an establishment
permit who has presented proof of state massage certification in accordance with
Section 5.48.062 of this chapter need not submit the information that would otherwise
be required pursuant to subsections (b)(2) - (~} ~ aad-(d3 of this section.
SECTION 6. Application Renewals: Campbell Municipal Code section 5.48.080 is
amended to read as follows, with underlining indicating new text and strikeouts
(st~ikeeE+t) indicating deleted text:
5.48.080 -Annual renewal application.
(a) Every holder of a massage establishment or massage therapist permit required by
this chapter shall annually make application to the chief of police for renewal of the
permit. The renewal application shall require the update of any and all information set
forth on the initial application and be accompanied by the annual renewal fee as
prescribed by the city council.
Page 6 of 15
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(~) ~ A renewal application must be submitted no less than ninety days before the
permit expiration date. If the permittee fails to submit the renewal application and
renewal fee no less than ninety days before the permit expiration date, then the
underlying permit shall be null and void on its expiration date.
{~) ~ Nothing contained herein shall exempt the applicant from any and all other
applicable license taxes and fees.
SECTION 7. Permit Fee: Campbell Municipal Code section 5.48.090 is amended to
read as follows, with underlining indicating new text and strikeouts (s#+keet~t) indicating
deleted text:
5.48.090 -Permit fee.
Fees for each establishment permit, therapist permit, and trainee permit shall be paid to
the c~ at the time the application or renewal application is
submitted and are non-refundable. Fee amounts shall be approved by the city council.
Nothing contained herein shall exempt the applicant from any and all other applicable
license taxes and fees.
SECTION 8. Action on Application: Campbell Municipal Code section 5.48.110 is
amended to read as follows, with underlining indicating new text and strikeouts
(strikeeut) indicating deleted text:
5.48.110 -Action by chief of police on permit application.
(a) The chief of police shall either issue or deny a permit within sixty calendar days
following receipt of a completed application for an establishment, therapist, or trainee
permit or the renewal thereof. In taking such action, the chief of police shall consider the
recommendations of city officials investigating the application, along with any other
relevant information.
(b) The chief of police shall deny an establishment permit, a therapist permit, or a
trainee permit or the renewal thereof on any of the following grounds:
(1) The applicant, owner, operator, any officer or director of a massage establishment
has been convicted within the last ten vears of a violation of Section 148, 266h, 266i,
311 through 311.7, 314, 315, 316, 318, or subdivision (a) (b) or (d) of Section 647 of the
California Penal Code, or any other crime involving dishonesty, fraud, deceit, moral
turpitude, or when the prosecution accepted a plea of guilty or nolo contendere to a
charge of a violation of California Penal Code Sections 415, 602, or any lesser included
Page 7 of 15
or related offense, in satisfaction of, or as a substitute for, any of the previously listed
crimes- ;
(2) The applicant, owner, operator, any officer or director of a massage establishment
has been convicted within the last ten years of offenses equivalent to those listed above
under the laws of another jurisdiction, even if expunged-;
(3) The applicant, owner, operator, any officer or director of a massage establishment is
required to register under the provisions of Section 290 of the California Penal Code.-
(4) The applicant, owner, operator, any officer or director of a massage establishment
has been convicted within the last ten years of a violation of Health and Safety Code
Section 11550 or any offense involving the possession or sale of a controlled substance
specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety
Code or convicted of an equivalent offense in any other state-;
(5) The applicant, owner, operator, any officer or director of a massage establishment
has been convicted of any offense involving the use of force or violence upon another
person.- ;
(6) The applicant, owner, operator, any officer or director of a massage establishment
has been convicted of any offense involving sexual misconduct with children-;
(7) The applicant, owner, operator, any officer or director of a massage establishment
has been convicted within the last ten years of any offense involving theft-
(8) The operation of a massage establishment at the proposed location would be
injurious to the health, safety or welfare of the community or would not be in compliance
with applicable zoning regulations-;
(9) The operation of the massage establishment, as proposed by the applicant, would
not comply with all applicable laws including city ordinances and regulations.-;
(10) The applicant knowingly made a material omission or misstatement of fact in the
license application-;
(11) The applicant, owner, operator, any officer or director of a massage establishment
has violated any provision of this chapter or any similar law, rule or regulation of another
public agency which regulates the operation of massage establishments-;
L~ The applicant, owner, operator, any officer or director of the proposed massage
establishment has ever had an ownership interest in, operated or been employed by
any business which has been the subject of an abatement proceeding under the
California Red Light Abatement Act (California Penal Code Sections 11225-113251 or
any similar abatement laws in other jurisdictions;
(13) The proposed location of the massage establishment has been the situs of any of
the following within five years of the submission of the application:
Page 8 of 15
(i) A violation of Section 148, 266h, 266i 311 through 311.7, 314 315 316 318
or subdivision (a) (b) or (d) of Section 647 of the California Penal Code
(ii) An abatement proceeding under the California Red Light Abatement Act
(California Penal Code Sections 11225-11325)
(iii) A violation of anv provision of this chapter or
(14) The issuance of the establishment permit would cause the number of massage
establishments in the City to exceed the maximum number of establishments allowed
pursuant to section 5.48.264.
(c) If a permit or renewal thereof is approved, the chief of police shall include such
restrictions and conditions in the permit, as he/she deems reasonable and necessary
under the circumstances, to ensure compliance with the purposes and intent of this
chapter.
(d) Upon approval or denial of a permit or renewal thereof, the chief of police shall
prepare and forward to the applicant written notice that the permit has been granted,
renewed, or denied, along with a statement of any conditions of approval attached
thereto. If the permit is denied or approved subject to conditions, the notice shall state
the reasons for the denial or imposition of the conditions. The written notice shall be
hand-delivered or sent by certified mail to the applicant. The decision of the chief of
police upon application for a permit or renewal thereof shall become final unless an
appeal is filed with the city council within fifteen calendar days following delivery of the
written notice.
SECTION 9. List of Personnel: Section 5.48.062 is of Chapter 5.48 of the Campbell
Municipal Code is hereby amended to read as follows with underlining indicating new
text:
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/h1 ~-...., 7~.tr.,ti.... foo r4 4.. he F..erl h.. the ni+v n nil Fn n r the
5.48.062 List of Therapists.
Prior commencing operations the operator of anv massage establishment shall provide
the Campbell Police Department with a list containing the full name, residence address
and birth date of any person who will be performing massage at the establishment, and
the date that each person was issued their state massage certification. No one other
than a person identified on the list shall perform massage at the establishment. The
Page 9 of 15
operator shall update the list to include anv new persons who will be providing massage
at the establishment prior to the commencement of their services.
SECTION 10: Permit Revocation: Section 5.48.140 of the Campbell Municipal Code is
amended to read as follows, with underlining indicating new text and strikeouts
(~'~Rt) indicating deleted text:
5.48.140 -Revocation of permit.
(a) The chief of police may revoke an establishment permit, therapist permit, or a
trainee permit for good cause. Before the chief of police revokes a permit, the chief of
police shall provide written notice of the revocation by personal delivery or certified mail.
The notice shall provide for revocation of the permit fifteen calendar days after service
of the notice unless the permittee requests an appeal hearing. The notice shall set forth
the reasons for the revocation and shall instruct the permittee on how to file an appeal.
(b) Following the receipt of a revocation notice and within fifteen calendar days
thereafter, the permittee may file an appeal of the revocation and request a hearing be
held in accordance with Section 5.48.130. If an appeal is filed, the city council shall
conduct a de novo hearing on the appeal of any permit revocation and may approve,
conditionally approve, modify, or deny the revocation based upon grounds as set forth
in subsection (d) of this section.
(c) If after the passage of fifteen calendar days from the receipt of the revocation notice,
the permittee has not requested an appeal, the revocation decision of the chief of police
shall become final.
(d) A permit may be revoked for good cause on the basis of any of the following:
(1) The permit was obtained by fraud; of
(2) Any person making use of such permit is violating or has violated any conditions of
such permit; er
(3) The detriment to the public health or safety, or the nuisance arising from the conduct
of the massage establishment, or from changed circumstances, necessitates the
revocation of the permit; or
(4) The permittee has-vielated, or ge~itted-any other person under his/her control or
supervision te--vielate has violated, any provision of this chapter or of other local, state,
or federal law in connection with the practice of massage or operation of a massage
establishment; or
(5) The permittee or anv person under his/her control has committed any offense
involving lewdness, indecent exposure, prostitution, or any other offense which would
be grounds for denial of an application,
Page 30 of 15
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SECTION 11: Prohibited Acts: Section 5.48.200 of the Campbell Municipal Code is
amended to read as follows, with underlining indicating new text and strikeouts
(strikeeat) indicating deleted text:
5.48.200 -Prohibited acts.
(a) No permittee, or any other employee of a massage establishment, shall place either
his/her hands upon, or touch with any part of his/her body, or touch with a mechanical
device, a sexual or genital part of any other person in the course of a massage, or
massage a sexual or genital part of any other person. Sexual or genital parts shall
include the genitals, pubic area, anus or perineum of any person or the vulva or the
nipples of a female. This subsection shall not be construed as prohibiting a person
holding a valid state massage certification from performing massage on the gluteal
muscles.
(b) No permittee or any other employee of a massage establishment shall uncover or
expose the female breasts or sexual or genital parts, as defined above, of a client or
themselves in the course of practicing a massage or other health treatment before or
after a massage. This subsection does not prohibit a client from turning over in the
course of a massage, so long as the therapist holds a drape over the client to protect
his/her privacy.
SECTION 12: Operating Requirements: Section 5.48.210 of the Campbell Municipal
Code is amended to read as follows, with underlining indicating new text and strikeouts
(~'r~is) indicating deleted text:
5.48.210 -Operating requirements, general.
All massage establishments shall comply with the following operating requirements
(a) Maintenance of Permits. A copy of the establishment permit and each therapist's
permit, certification issued pursuant to 10.5 of Division 2 of the California Business and
Professions Code shall be posted in a conspicuous place on the establishment
premises in such a manner that can be easily seen by persons entering the
establishment. Apassport-size photograph of the permittee shall be affixed to each
therapist's permit or certification.
(b) Posting of Services Offered. A list of all services available, the price thereof, and the
length of time of each service, shall be posted or available in a conspicuous place in
such a manner that it can be easily viewed by persons entering the massage
establishment. No services, other than those set forth on the list, shall be provided.
(c) Payment. All payments for massage services, including gratuities or tips, shall be
made at the designated reception area exclusively. At least one sign, with lettering not
less than one-half inch in height, shall be posted in a conspicuous place in such a
Page 11 of 15
manner that it can be easily seen by persons entering the establishment stating, "All
payments for massage services, including gratuities or tips, shall be made in the
designated reception area exclusively."
(d) Alcohol Prohibited. No alcoholic beverages shall be-sold, served, furnished, kept or
possessed in any part of a massage establishment. The owner, operator, and managing
employee shall be responsible to ensure that no person possesses alcoholic beverages
inside the massage establishment.
(e) Condoms Prohibited. Condoms shall be not be furnished, kept or possessed in any
part of a massage establishment.
(f) Written Records. Every massage establishment shall maintain written records, which
include the date and hour of each service provided, the full name and address of each
client, and the type of service received, as well as the name of the massage therapist
administering the service. These records shall be kept on the premises and shall be
open to inspection by officials charged with enforcement of this chapter, including the
chief of police and his/her designee and city attorney. These records shall be retained
for a period of at least two years.
(g) Dress Code for Employees. The holder of the establishment permit, massage
therapists and all other employees of the massage establishment shall remain fully
clothed ~^ ^'°^^ ^~ ~'°~ ^^~^,°^~° as required by paragraph (10) of subsection (a) of
California Business and Professions Code section 4609, or any successor statute
thereto, while on the premises of the massage establishment. At a minimum, such
clothing shall be made of non-transparent material and shall not permit exposure of the
buttocks, genital area, or breasts of any employee.
(h) Operating Hours. No massage establishment shall be kept open for business and no
massage therapist shall administer massages before the hour of 7:00 a.m. or after the
hour of 10:00 p.m. The chief of police may stipulate more restrictive hours when
~ropriate for the protection of the public health, safety or welfare.
(i) Recording or Scanning Devices Prohibited. No audio or video monitoring or recording
device shall be used by the operator of the massage establishment to monitor the
practice of massage, or any conversation or other sounds in massage rooms, without
the express consent of the client. No device of any kind shall be installed or used which
would operate in any way to detect or interfere with law enforcement surveillance or
communication equipment.
Q) Advertising. No services shall be offered in signs, posters, flyers, newspapers or
other printed advertisements, or in verbal or recorded announcements or messages,
other than those lawfully permitted and posted as required in Section 5.48.210(b).
Photographs, drawings, written or verbal statements used in any advertising shall not
explicitly or implicitly communicate that services offered are for the purpose of sexual
stimulation or gratification.
Page 12 of 15
~) At all times that a massage establishment is open for business the massage
establishment shall have on the premises at least one person who is not actively
engaged in the performance of a massage to ensure that the premises remain open.
SECTION 13: Locking of Doors: Subsection (i) of section 5.48.220 of the Campbell
Municipal Code is amended to read as follows, with underlining indicating new text and
strikeouts (strikeouts) indicating deleted text:
(i) All ids external entrances shall be kept unlocked during business hours, including
at any time massage services are being provided except if the only emplovee on the
premises is actively engaged in the performance of a massage. All internal Seers doors
tE~-massage-reen~s shall remain unlocked at all times, ~^'°°° +"°r° ~° ^^ °+^~ ^°r°^^
..'I~.hl° +n n ,r'fii +nr nl'°nM null 4h° 'c+c ~.,hn ~+ n }ho m
except for occupied bathrooms.
SECTION 14: Bathroom Occupancy: Subsection (m) of section 5.48.220 of the
Campbell Municipal Code is amended to read as follows, with underlining indicating
new text and strikeouts (strikeouts) indicating deleted text:
(m) Dressing rooms ^,o,^s may only be used by clients of the same sex at the
same time. Doors, draw drapes, curtain enclosures, or doors/enclosures of other
opaque materials shall be provided for all dressing rooms and massage rooms.
Bathrooms may be occupied by only one person at a time, and shall have only one door
for both entrance and exit.
SECTION 15: Video Monitors in Massage Rooms: Subsection (n) is added to section
5.48.220 of the Campbell Municipal Code to read as follows, with underlining indicating
new text:
(n) No video monitors shall be allowed in any massage room while a customer is
present in the room.
SECTION 16: Responsibility of Operators and Managers: Section 5.48.262 is added to
Chapter 5.48 of the Campbell Municipal Code to read as follows, with underlining
indicating new text:
5.48.262 -Responsibility of Operators and Managers
Every operator and every managing emplovee of a massage establishment is legally
responsible and strictly liable for all acts, omissions and transactions of the employees
of the massage establishment that occur either in the course of the employee's
employment or on the premises of the massage establishment, as if the operator or
managing employee committed the act, omission or transaction. In any proceeding
brought to enforce the provisions of this chapter, the operator or managing employee's
lack of knowledge of an act, omission or transaction committed by an emplovee shall
not be a defense.
Page 13 of 15
SECTION 17: Number of Establishments: Section 5.48.264 is added to Chapter 5.48 of
the Campbell Municipal Code to read as follows, with underlining indicating new text:
5.48.264 -Number of Massage Establishments
(a) Except as provided in subsection (b) of this section the maximum number of
massage establishments allowed in the Citv shall be twelve.
(b) Notwithstanding subsection (a) of this section, a massage establishment that is
lawfully operating in the City at the time that the ordinance adopting this section
becomes effective shall be able to renew its establishment permit so long as the
massage establishment:
(1) Continues to comply with the requirement of this chapter and applicable state and
federal laws
Has not had its establishment permit revoked; or
(3) Has not otherwise ceased operations.
SECTION 18: Inspections: Section 6.10.160 of Chapter 6.10 of the Campbell Municipal
Code is amended to read as follows, with underlining indicating new text and strikeouts
(strikeouts) indicating deleted text:
6.10.160 -Right of inspection.
(a) Right to Inspect. An enforcement officer or other authorized agent of the community
development, fire, police, building and/or public works departments shall have the right
to enter upon any property within the city limits of the City of Campbell to inspect such
property for compliance with this chapter provided that such agent gives the owner and
residents of such property at least seventy-two hours advance notice of the inspection
in the following manner:
(1) A notice shall be conspicuously posted on the property to be inspected, specifying
the date, time and reason for the proposed inspection and setting forth a telephone
number with directions for the residents or property owners to call for further
information; and
(2) If the identity and address of the owner is known, such owner shall be notified of the
proposed inspection by first-class mail, setting forth the time, date, location and reason
for the proposed inspection.
(b) Emergency. In the event of an emergency, where the condition of the property poses
an immediate threat to the public health or safety, agents of the community
development, fire, police, building and/or public works departments may enter the
property without the notice specified in subsection (a).
(c) Right to Enter Business Open to Public. Notwithstanding anything contained in this
section to the contrary, an enforcement officer or other authorized agent of the
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community development, fire, police, building and/or public works departments shall
have the right to enter upon any property within the city limits of the City of Campbell
without prior notice, to inspect such property for compliance with this chapter at any
time that the business is open to the public.
(s} ~ Inspections conducted under this section shall be performed reasonably and in
accordance with law, including the Fourth Amendment of the United States Constitution
and the related protections of the California Constitution.
SECTION 19: Restatement of Existing Law: The amendments made by sections 2, 3, 4,
10, 16 and 18 of this Ordinance, as well the amendments to paragraphs (12) and (13) of
subsection (b) of Campbell Municipal Code section 5.48.110 made by section 8 of this
Ordinance are intended to be declaratory of the law as it existed prior to enactment of
this Ordinance, and are intended solely as a clarification, not as a change to the intent
of the previously existing Municipal Code provisions.
SECTION 21: This Ordinance shall become effective (30) days following its passage
and adoption and shall be published once within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this 5th day of April, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Gibbons, Baker
NOES: Councilmembers: Cristina
ABSENT: Councilmembers: None
APPROVED:
_6~ ~.
J son T. Baker, Mayor
A ST:
Wendy od, City Clerk
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