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HomeMy WebLinkAbout1988-03-15; City Council; 9337; ADOPTION BY REFERENCE OF THE COUNTY BATHHOUSE ORDINANCEM FI -d k a a, c u Ti 4 e n 3 0 a, k u u 4J 2 a, c u u a, v1 0 u rH %I U (d [I] 5 a, u V g .rl c rd a, k -u a, V c (d c *rl 5 k 0 a, C' uo3 a3 am a4 4 U- -d rn u 4 4 .r( *rl $4 2-3 & vo co co I Ln 4 I m .. z 0 i= 0 a z z 3 0 0 Cv OF CARLSBAD - AGENO BILL AB# 9337 TmADOPTION BY REFERENCE OF THE DE DEPT. RECOMMENDED ACTION: MTG. 3/15/88 COUNTY BATHHOUSE ORDINANCE CI' CI CA Introduce Ordinance No. AIS-// and, by motion, set the mat- public hearing at your meeting of April 5, 1988 to adopt . Diego County Code of Regulatory Ordinances for bathhouses ITEM EXPLANATION The City of Carlsbad adopts by reference the San Diego Co Code of Regulatory Ordinances for health. Enforcement is accomplished by the county health officer under contract the City. San Diego County has completed the adoption of extensive regulation for bathhouses. It is now necessary the Council to determine whether or not to adopt the regu as a part of the Carlsbad Municipal Code. Diego and the responsible departments recommend that we a the new code. If the Council concurs your action is to introduce Ordinance No. NS-// by reading the title and tk. motion, set the matter for public hearing at your meetinq April 5, 1988. EXHIBITS Ordinance No. NS- /I The County of A copy is attached to this agenda bill. m 0 GEORGE F. BAILEY SUPERVISOR SECOND DISTRICT CHAIRMAN SAN DIEGO COUNTY BOARD OF SUPERVISORS February The Honorable Claude Lewis Mayor, City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor L e On February 9, 1988, the San Diego County Board of Supervisors took significani to regulate bathhouses in the County of San Diego. The cornerstone of our program is the Ordinance Relating to Bathhouses, w expected to be effective on March 18, 1988 (Attachment A). Patterned after Francisco ordinance, it establishes a permit process and identifies operational ments of the bathhouses which may desire to operate in the unincorporated areas County. Enforcement will be done jointly by the Director of Health Services Sheriff. The Board also adopted comprehensive guidelines which combine with Health anc Code Sections to empower the Public Health Officer to monitor and, if necessary, action to close all bathhouses in the county if they do not comply with the reg (Attachment B). Similar guidelines in Los Angeles and San Francisco have not w legal challenges so have been ineffective in controlling bathhouse operation. Clearly, it is essential that every city take immediate action to adopt ordinances to the County’s so that we can reduce this public health risk county-wide as possible. Our Public Health Officer needs all available tools to begin to com critical AIDS epidemic. I urge your city’s immediate consideration of this matter. provide further clarification or supplemental information to assist you. Please let me know if Sincerely, fim George F. Bailey Chairman GB:JT:jb Attachment COUNn ADMINISTRATION CENTER 1600 PACIFIC HIGHWAV ROOM 335 SAN DIEGO. CALIFORNIA 92 101 (6 19) 53 1-552 EL CAJON OFFICE 250 E MAIN STREET SUITE I69 EL CAJON CA 92020 (61 9) 44 I 4327 0 a ORDINANCE NO. 7448 (NEW SERIES .. A T7-A CHI~]EN AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO BATHHOUSES The Board of Supervisors of the County of San Diego orda follows: Section 1. Chapter 6 is hereby added to Division 6 of T of the San Diego County Code of Regulatory Ordinances to read follows: CHAPTER 6 BATHHOUSES Sec. 66.601. DEFINITIONS. Whenever in this Chapter the foltowing words or phrases are used, they shall mean: (a) "Bathhouse" shall mean any establishment having a f place of business where any person engages in, conducts, or c on any business of providing Turkish, Russian, Swedish, Finni air, vapor, electric cabinent, steam sweat, mineral, salt, sa fomentation, alcohol, shower, tub or sponge baths, soaking fa ities such as a spa, or baths of any kind whatsoever. Any es lishment carrying on or permitting any combination of massage bathhouse shall be deemed a massage establishment and not a k house. "Bathhouse" shall not include hospitals, nursing home sanitariums, or establishments where a person provides baths suant to his or her unrevoked certificate to practice the hea arts under the laws of the State of California. "Bathhouse" not include hotels, motels, and similar lodging establishment "Bathhouse" shall not include establishments primarily provid physical fitness services, except where cubicles, rooms, or k are provided for use by individual patrons of such establishn (b) "Person" shall mean any natural person, firm, assoc club, organization, partnership, business trust, corporation, pany, or any other entity whatsoever which is recognized by 1 the subject of rights or duties. Sec. 66.602. PERMIT REQUIRED. It shall be unlawful for person to operate, maintain or keep in the unincorporated ter of the County any bathhouse without an annual permit therefor by the Sheriff. The permit, or any renewal thereof, may be d if the bathhouse operation as proposed does not comply with t provisions of this chapter, regulations adopted pursuant to t chapter, and all other applicable laws, including, but not li to, applicable building and fire codes. -1- .- m e .. See. 66.603. APPLICATION FOR PERMIT OR RENEWAL. Any pel desiring a permit or renewal thereof required by this chapter make application to the Sheriff. Sec. 66.604. APPLICATION FOR A BATHHOUSE PERMIT. The a! tion for a permit to operate a bathhouse shall set forth the I nature of the baths to Se administered, the proposed place of ness and facilities therefor, and the name and address of eac: applicant. In addition to the foregoing, any applicant for a house permit shall furnish the following information: (a) The two previous addresses immediately prior to the present address of applicant. (b) Written proof that the applicant is over the age of years. (c) Applicant's height, weight, color of eyes and hair. (dl Two portrait photographs*at least 2" x 2". (e) Business, occupation, or employment of the applican the three years immediately preceding the date of the applica (f) The bathhouse or similar business license history o applicant; whether such person, in previously operating in th another county or state under license, has had such license r or suspended, the reason therefor, and the business activity occupation suSsequent to such action of suspension or revocat (9) All criminal convictions except minor traffic viola (h) Such other identification and information necessary discover the truth of the matters hereinbefore specified as r to be set forth in the application. (i) Nothing contained herein shall be construed to deny Sheriff the right to take fingerprints and additional photogr the applicant, nor shall anything contained herein be constru deny the right of said Sheriff to confirm the height and weig the applicant. (j) If the applicant is a corporation, the name of the ation shall be set forth exactly as shown in its articles of poration; the names and residence addresses of each of the of directors and each stockholder owning more than 10 percent of stock of the corporation. If the applicant is a partnership, application shall set forth the name and residence address of of the partners, including limited partners. -2- 0 0 '. Sec. 66.605. ANNUAL PERMIT APPLICATION FEE. The annual refundable application fee for the permit required by this ck shall be $100.00. Delinquent fees shall be collected in accc with the provisions of Section 65.101 of this Code. Sec. 66.606. FACILITIES NECESSARY. No permit to conduc bathhouse shall be issued unless an inspection by the Sherifl the Director of Health Services rPveals that the establishmer plies with each of the following minimum requirements: (a) Construction of rooms used for toilets, tubs, stear and showers shall be made waterproof with approved waterproo: mater i a 1 s . (1) For toilet rooms, toilet room vestibules and I containing bathtubs, there shall be a waterproof floor covering, which will be carried up all walls to a heighi least six inches. Floor shall be covered up on base wii least 3/4 inch cover. The walls of all toilet rooms anc containing bathtubs shall be finished to a height of si% from a smooth, nonabsorbant finish surface of Keene ceme tile, or similar material. (2) Steam rooms and shower compartments shall have approved waterproof floors, walls and ceilings. (3) Floors of wet and dry heat rooms shall be adec pitched to one or more floor drains properly connected t sewer. (Exception: dry heat rooms with wooden floors r be provided with pitched floors and floor drains.) (4) A source of hot water shall be available withi immediate vicinity of dry and wet heat rooms to facilita cleaning. (b) Toilet facilities shall be provided in convenient 1 tions, and every bathhouse shall provide at least one water c When five or more employees and patrons of each sex are on tF premises at the same time, separate toilet facilities shall 1: vided. A single water closet per sex shall be provided for e employees or patrons of that sex on the premises at any one t Urinals may be substituted for water closets in the toilet fa for males after one water closet has been provided; provided ever, that there shall be at least one water closet for each employees or patrons of the male sex. All toilet rooms shall equipped with self-closing doors opening in the direction of to the toilet rooms. Toilets shall be designated as to the s accommodated the re in. -3- e 0 (c) Lavatories or wash basins provided with both hot an running water shall be installed in either the toilet room or vestibule. Lavatories or wash basins shall be provided with a dispenser and with sanitary towels. (d) All portions of bathhouse establishments and baths be provided with adequate light and ventilation by means of w or skylights with an area of not less than 1/8 of the total f area, or shall be provided with approved artificial light and mechanical operating ventilating system. Areas of the bathho other than those areas provided only to individual patrons, s all times during bathhouse operation have a direct illuminati level of at least 15 footcandles of light measured 30 inches the floor. When windows or skylights are used for ventilatio least 1/2 of the total required window area shall be operable provided for patrons' use not served directly by a required w skylight, or mechanical system of ventilation shall be constr) so that the height of partitions does not exceed 75 percent o floor-to-ceiling height of the area in which they are located Sec. 66.607. OPERATING REQUIREMENTS. All bathouse perm shall comply with the following operating requirements: (a) Every portion of a public bathhouse, including appl apparatus, and personnel, shall be kept clean and operated in sanitary condition. (b) All employees shall be clean and wear clean outer g( ments, whose use is restricted to the bathhouse. Provision fc separate dressing rooms for each sex must be available on the premises, with individual lockers for each employee. Doors tc dressing rooms shall open inward and shall be self-closing, (c) All bathhouses shall be provided with clean launder1 sheets and towels in sufficient quantities and shall be laundc between consecutive uses thereof and stored in an approved sa manner. No towels or sheets shall be laundered or dried in a] public bathhouse unless such establishment is provided with a1 laundry facilities for such laundering and drying. Approved 1 tacles shall provided for the storage of soiled linens and pal towels. (d) Wet and dry heat rooms, shower compartments, and to1 rooms shall be thoroughly cleaned each day the business is in tion. Bathtubs shall be thoroughly cleaned after each use. To allow for adequate ventilation, cubicles, rooms, and (e) Provide educational programs for patrons in accordax with standards promulgated by the Department of Health Servicc consultation with the San Diego County Regional Task Force on -4- a a Sec. 66.608. ISSUANCE OF PERMIT FOR BATHHOUSE. The Sher shall issue a Bathhouse Permit if all the requirements for a b house described in this chapter are met and shall issue a perm any person who has applied for a permit to operate a bathhouse unless the Sheriff finds: (1) That the operation as proposed by the applicant, if mitted, would not comply with all applicable laws. (2) That the applicant or any other person who will be directly engaged in the management and operation of a public k house has been convicted of: (a) An offense involving conduct which requires rec tion pursuant to section 290 of the Penal Code. (b) An offense involving the use of force and viol< upon the person of another that amounts to a felony. (c) An offense involving sexual misconduct with childr'en. (d) An offense as defined under sections 311, 647, vision (a), 647a, 315, 316, or 318 of the Penal Code of . State of California. (e) The Sheriff shall disregard any conviction men. in subsections (a), (b), (c) or (d) of this section if ht that the applicant has fully completed any sentence impoi because of such conviction and has fully complied with a conditions imposed because of such conviction, which con has occurred at least three years prior to the date of a tion and the applicant has not subsequently been convict any of the crimes herein mentioned nor has suffered any quent felony convictions involving the use of force of v on the person of another. Sec. 66.609. REGISTER TO BE MAINTAINED. The operator o bathhouse must maintain a register of all persons employed as employee of a bathhouse, which register shall be available fo inspection at all times during regular business hours. The r shall contain the following information for each employee: (a) Name and residence address. (b) Social Security number and driver's license number, any. (c) Employee's height, weight, color of eyes and hair. (d) Written evidence that the employee is over the age years. -5- e e (e) Business, occupation or employment of the employee -_ three years immediately preceding the date of beginning emplo with the bathhouse. (f) The Sheriff shall have the right to take fingerprin photographs of an employee and the right to confirm the infor contained in the register. Sec. 66.610. EMPLOYMENT OF PERSONS UNDER THE AGE OF EIG YEARS PROHIBITED. It shall be unlawful for the owner, propri manager or any other person in charge of any bathhouse to emy: person under the age of 18 years. Sec. 66.611. SALE OR TRANSFER. Upon sale, transfer or tion of a bathhouse, the permit therefor shall be null and vc Sec. 66.612. NAME AND PLACE OF BUSINESS -- CHANGE OF LC No person granted a permit pursuant to this chapter shall ope under any name or conduct his business under any designation any location not specified in his permit. Sec. 66.613. DAILY REGISTER. Every person who engages conducts a public bathhouse as herein defined shall keep a da register, approved in form by the Sheriff, of the number of p admitted, their hour of arrival and their hour of departure. daily register shall at all times during business hours be su to inspection by the Department of Health Services and by the Sheriff and shall be kept on file for one year. See. 66.614. LOCKED CUBICLE, ROOM, BOOTH, ETC. No serv enumerated in Section 66.600(a) of this chapter may be Carrie within any cubicle, room, or booth, or in any area within a b house by whatever designation whatsoever which is fixed with capable of being locked. Sec. 66.615. PRIVATE ROOMS. No private room, as herein defined, shall be maintained within any bathhouse. "Private shall mean any enclosed space large enough for more than one to enter with a door capable of being loced from the inside, one or more of the following applies: (a) There is an opening no less than five feet for more six feet above the floor through which the full exterior of t enclosure is viewable from the exterior; or (b) The enclosure is not made available for use by patr the establishment; or (c) No more than one person at a time is allowed to ent enclosure, the occupancy restriction is conspicuously posted -6- .. e ? entrance to the enclosure, and there are no openings between adjoining enclosures through which physical contact between p in adjoining enclosures is possible. Sec. 66.616. MONITORING AND EXPULSION OF CUSTOMERS. (a) No person shall operate a bathhouse unless employee monitors are provided for the exclusive and sole purpose of o tion of activity on the bathhouse premises. Two monitors sha provided for any floor or portion of a floor open to patrons, vided, however, that the bathhouse operator may, in the alter provide one monitor for each twenty patrons based on the aver hourly patronage for the Sathhouse during the preceding calen month, calculated for the hours that the bathhouse is open, p that at least one monitor shall be on duty at all times that bathhouse is open. The average number of patrons during each shall be calculated from the daily register required by the p sions of section 66.613. Such monitDrs shall survey the enti portion of the bathhouse open to patrons every fifteen minute (b) The bathhouse operator shall immediately expel from premises any and all persons observed causing the maximum occ requirements of this chapter to be violated, any and all pers committing any crime on the premises, or any and all persons in high risk sexual activity on the premises. For the purpos this chapter, "high risk sexual activity" shall mean: (1) The placing of the male penis on or into the anus, or mouth of another person; (2) The placing of the mouth of one person on the anus, or penis of another person: (3) The contact of feces or urine of one person with an of the body of another person: or, (4) The entry of any part of the body of one person int anus or vagina of another person. Sec. 66.617. DISPLAY OF PERMIT. Every person to whom o whom a permit shall have been granted pursuant to the provisi this chapter shll display said permit in a conspicuous place bathhouse so that the same may be readily seen by persons ent the premises. Sec. 66.618. INSPECTIONS. The Sheriff and the Departme Health Services shall from time to time, and at least once a make an inspection of each bat'n'nouse for the purpose of deter that the provisions of this chapter are complied with. -7- L .. 0 0 Sec. 66.619. PERMIT NOT TRANSFERABLE. No bathhouse per] shall be transferred from person to person or from one locatic another. Sec. 66.620. UNLAWFUL ACTIVITIES. It shall be unlawful any person to give or administer any bath or baths as defined herein, or to give or administer any of the other things ment in this chapter, which violate the provisions of this chapter regulations adopted pursuant to this chapter or which violate state or local laws or ordinances. Any violation of this pro shall be deemed grounds or revocation of the permit granted hereunder. Sec. 66.621. HEALTH AND SANITATION REQUIREMENTS AND REGULATIONS. Every bathhouse shall be maintained and operate clean and sanitary manner. All bathhouses shall comply with applicable building, health, zoning and fire laws of the Coun San Diego. In addition, the Sheriff and the Director of the Department of Health Services may, after a noticed public hea adopt and enforce reasonable rules.and regulations not in con with, but to carry out, the intent of this chapter. All bath operators holding a valid permit shall be given written notic the public hearing, including a copy of the proposed regulati least ten days prior to the date of the hearing. In addition notice of the public hearing and a summary of the proposed re tions shall be published in an appropriate newspaper of gener circulation one time at least ten days prior to the public he The rules and regulations shall include reasonable requiremen protect the health and safety of bathhouse patrons, including sonably necessary requirements for educational programs and o measures for the prevention and control of the spread of 4cqu Immune Deficiency Syndrome (AIDS) and other infectious or corn cable diseases. Sec. 66.622. VIOLATIONS. Every person who violates any vision of this chapter is guilty of a misdemeanor. Sec. 66.623. DENIAL, SUSPENSION OR REVOCATION OF PERMIT permit issued pursuant to this chapter may be suspended or re by the Sheriff on proof of violation by the permittee of any sions of state law, this chapter, county ordinances or any ru regulation adopted and approved pursuant to section 66.621, c any case where the Sheriff on the advice of the Director of F Services determines the bathhouse is being managed, conducted maintained without regard for the public health, or the healt patrons or customers, or without due regard to proper sanitat hygiene. Where a permit is denied or a permit renewal is der where a permit is suspended or revoked by the Sheriff, such d suspension, or revocation may be appealed by the permit appli permittee in accordance with the provisions of the Uniform Li Procedure set forth in Chapter 1 of Division 6 of Title 1 of Code. -8- *. 0 0 Sec. 623. SEVERABILITY. If any section, subsection, SUI sion, paragraph, sentence, clause or phrase of this chapter 01 part thereof, is for any reason held to be unconstitutional 01 invalid or ineffective by any court of competent jurisdiction, decision shall not affect the validity of effectiveness of the remaining portions of this chapter or any part thereof. The i of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, c. or phrases be declared unconstitutional or invalid or ineffec' Section 2 Effective date. This ordinance shall tal and be in force thirty (30) days after the date of its pas: before the expiration of fifteen (15) days after its pa summary shall be published once with the names of the membe: for and against the same in the San Diego Daily Transcript a newspaper of general circulation published rn the Count Diego . PASSED, APPROVED, AND ADOPTED this 16th day of Februa 1988 GEORGE F. BAILEY Chairman of the Board of Supervisors ( County of San Diego, State of Califori The above ordinance was adopted by the following vote: Supervisor Brian P. Bilbray voting "AyeLL Supervisor George F. Bailey voting "Aye" Supervisor Susan Golding voting "Aye" Supervisor Leon L. Williams voting "Aye" Supervisor John MacDonald voting "Ayett ATTEST my hand and the seal of the Board of Supervisor: 16th day of February, 1988 (57) KATHRYN A. NELSON Clerk of the Board of Supervisors By Esther C. Ryan Deputy (SEAL) Ordinance No. 7448 (New Series) q L %L4& -e------ -9- IxITmaW'P' 0 COUNTY OF SAN DIEGO - DEPARTMENT OF HEALTH SERVICES REQUIREMENTS FOR BATHHOUSES AND SIMILAR COMMERCIAL ESTABLISHMENTS -I INTRODUCTION AND BACKGROUND As of the begining of 1988, in excess of 700 person San Diego County have been diagnosed as persons with AID more than half of these persons have died from this Zise It is estimated that many more persons in the County are with the human immunodeficiency virus (HIV) which is ass with AIDS. These persons are capable of transmitting HI' others, but some have no symptoms of AIDS and may not evc realize that they are infected. While there is growing t of the spread of HIV among heterosexual persons, e-g, in1 drug users, approximately 82 percent of the persons with in the County have been identified as homosexual or bise) men, and another approximately 8 percent of AIDS patient: homosexual or bisexual men who are IV drug users- . .. B The available evidence indicates that in this Count1 . the principal means of transmission of HIV has been sexue - course. The virus can be transmitted through both anal c vaginal intercourse. Although HIV has been isolated in s body fluids, including semen, vaginal fluid, blood, urine saliva and tears, there iS no evidence of transmission ot than by specific sexual activity, blood contamination, an congenital means. .- , e. From eyewitness accounts, studies and other availabl -1- rn infornation, it 8. s been determined that c &in comercia1 establishments, sometimes referred to as bathhouses, but inc other types of business enterprises as well, encourage, faci and/or knowingly allow their patrons to engage in sexual 2ra that .a 'i bathhouses and other establishments provide an environmer? t fosters sexual activities that transmit the virus. pose a significant risk for the transmission of EN- The San Diego County Regional Task Force on AIDS has recommended that bathhouses and similar commercial establis1 that continue to offer an environment where the sexual pr~c! that transmit HIV are encouraged,. facilitated, and/or kr,cyir allowed should be permanently closed. The Department of le; Services agrees that it is now time to restrict the sexuzl activities in such establishments. In taking this position, the Department of Health SEX^ P is aware of the position taken by some persons that thes= estzblishments should not be closed because closure mzy rtsi in 6ecreased education to bathhouse users and that &the pzzrc may engage in the same sexual activities in other less zzzii locations. However, as long as these establishments reczin and perinit the activities that pose a significant risk fcr . transmission of HIV, they offer easy accessibility to seria contact with individuals who are very likely to be carrykg virus, It is the view of the Department of Health Services that the severe health risk; posed by such a situation ou-4 any potential harm resulting from restricting the sexual activities occurring in these establishments- .. -2- 0 e These Requirements outline the approach the County H Officer will now take in regulating these establishments- and Safety Code section 3110 which authorizes public heal officers to take such actions as are necessary ts control sbread of communicable diseases, provides authority for t County Health Officer to enforce these Requirements in bo unincorporated and the incorporated areas of the County u his jurisdiction. This includes all areas of the County. However, in order to emphasize the significance of t: effort and to enlist all available resources, it is recom that the City of San Diego, and any other city in which tl establishments may be located adopt public health ordinanc which substantially duplicate the provisions of the ordin; adopted by the County of San Diego. E DEFINITIOKS The following terms as used herein shall have the fol meanings : A. Bathhouse or similar comercial establishments. A “bathhouse or similar commercial establishment shall mean any establishnent having a fixed plac business where any person engages in, conducts, carries on any business of providing Turkish, Russian, Swedish, Finnish, hot air, vapor, elect cabinet, steam, Sweat, mineral, salt, sauna, fom alcohol, shower, tub or sponge baths, soaking fa such as a spa, or baths of any kind whatsoever. establishment carrying on or permitting any comb -_ - .. I -3- of ma age and bathhouse shall be * deemed a massag b establishment and not a bathhouse. "Bathhousen s not include hospitals, nursing homes, sanitariums or establishments where a person provides baths pursuant to his or her unrevoked certificate to p the healing arts under the laws of the State of California. "Bathhouse" shall not include hotels motels. .. B. Restricted activity. "Restricted activity" shall mean anal intercourse or vaginal intercourse or oral copulation. The use of a condom while participating in sexual intercourse provides a means for reducing the ris of disease transmission. Therefore, the use of condoms has been and continues to be encouraged. However, the degree of risk reduction depends up0 the reliability of the condom and its proper usagl While condom usage reduces disease transmission risk, it does not eliminate it. In an enviromen where multiple sexual contacts with persons hzvin. significant likelihood of being HIV positive are possible, anal, oral or vaginal intercourse even 7 condom may pose an unacceptable risk for eventual virus transmission- Additionally, to prosecribe such sexual activity only when a condom-is not used, would pose an almc impossible enforcement burden- F f. .- -4- )> Cons a guently, the definition of e restric-Zd actii for purposes of these Requirements, insudes an; vaginal intercourse or oral copulatior, xhether c not a condom is used. .. - C. Private room. "Private room" shall mean any enclose6 space lax enough for more than one person to enk- with a capable of being locked from the insiGir, unless or more of the following applies: (1) There is an opening no less than eve feet more than six feet above the floor through the full interior of the enclosure is viewa from the exterior; or (2) The enclosure is not made availabI5 for use c - patrons of the estzblishment; or (3) No more than one person at a time LS allowe enter the enclosure and there are -0 openini between any adjoining enclosures zzoilgh wh physical contact between persons II adjoini~ enclosures is possible. D. Hotel or Motel. A "hotel OPT motel" shall mean a commercal estab: meeting all of the following requiremezzs: 1. - .- .a The establishment-holds itself out as being primarily in the hotel or motel blziness. The establishment is licensed by <I applicz jurisdictions as a hotel or motel- 2. a. -5- ‘8 0 W 3- The establishment complies with any applicz t occupancy tax ordinance. -. 4.- The establishment complies with all applicz state, city, and county statutes, ordinance and regklations controlling the operation c motels or hotels. .. ABATEMENT OF PUBLIC HEALTH NUISANCE Any bathhouse or similar commercial establishment whi after allows any persons, including patrons, to engage in any restricted activity anywhere on the premises is. declared to be a public nuisance. owners or operators of a~y bathhouse or similar commercial establishment, either directly or through their employees, shall inspect the entire premises open to patrons at least every fifteen minutes, ad shall immediately expel any per engaging in any restricted activity on the premises- To f compliance with these guidelines, private rooms shall be e from bathhouses and siniilar commercial establishments on 0 before . Such facility, upon notificat from the County Health Officer, shall take immediate actio comply with all directives of the County Health Officer. directives may include any action the County Health Office deems appropriate to abate the nuisance, including but not limited to m. order to ceas’e operation of the establishmen to not reopen until the receipt of written permission to dc from the County Health Officer. The i - .- ~ -6- (I) NOTICE OF PUBLIC HEARING ADOPTION BY REFERENCE OF THE COUNTYBATHHOUSE ORDINANCE W @ +. NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hol public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, Calif at 6:OO P.M., on Tuesday, April 5, 1988, to consider the adoption by referenc the San Diego County Code of Regulatory Ordinances for Bathhouses. Copies of the Code which will be adopted by reference are on file with the Ci Clerk and are open to public inspection. PUBLISH: March 25, 1988 CARLSBAD CITY COUNCIL * OUNTY DEPARTMENT OF HEALTH SERVICES , 1700 Pacific Highway, San Die OFFICE OF THE DEPUTY DIRECTOR ENVIRONMENTAL HEALTH SERVICES 1700 PACIFIC HIGHWAY, ROOM 103 SAN DIEGO, CA 92101-2489 (619) 236-2243 May 27, 1987 Frank A1 eshi re , City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1949 Dear Mr. Aleshire: -._ On May 11, 1987, the San Diego County Board of Supervisors adopted new I permit fees that became effective in June, 1987. We are forwarding a of the fee schedule for your information. It will not be necessary for your Council to take action on this matter Section 6.02.030 of the Carlsbad Municipal Code assigns the determii of health permit fees to the County of San Diego. After holding a 1 hearing, the San Diego County Board of Supervisors sets permit fees level to achieve full cost recovery for inspection services. If you desire additional information, please call Steve Allee, Administ Assistant I1 at 236-2243. Thank you for your assistance. M2; R. STEPHANY, Deputy Director Environmental Health Services GRS:RBR:mb Attachment ( IV 0 ORDINANCE NO. 7299 (NEW SERIES) AN ORDINANCE TO AMEND SECTIONS 65.104, 65.105 AND 65.107 OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO HEALTH AND SANITATION AND LAND USE FEES The Board of Supervisors of the County of San Diego do ordain as follows Section 1. Sec. 65.104. RENEWAL OF PERMIT, LICENSE OR REGISTRATION A permit or license issued pursuant to this Title 6 shall expire on thc day of the month of the one year anniversary month in which the permit was and shall be renewed annually, except as provided in Section 65.102 for food ing and sewage pumping vehicles and food vending machines and Section 68.10 underground hazardous materials storage tanks. At the time application is there shall be paid to the Department of Health Services the required annua which fee is due and payable each year on the first day of the month followii expiration of the permit. Section 65.104 is hereby amended to read as follows: Section 2. Sec. 65.105. DELINQUENT PAYMENTS A. Any fee which is not paid by the first day of the month followir month in which it is due is thirty days delinquent, and on the first day ( next following month, if still unpaid, is sixty days delinquent. B. In any case where a fee is thirty days delinquent, a penalty of dollars ($50) or an amount equal to 50% of the fee, whichever is less, sh added to an collected with the required fee. C. In any case where a fee is sixty days delinquent, an additional p of one hundred dollars ($100) or an amount equal to the fee for a total pena one hundred-fifty dollars ($150) or 150% of the fee, whichever is less, w added to and collected with the required fee. The imposition of or payment of the penalty imposed by this section not prevent the imposition of any other penalty prescribed by this code ordinance nor prosecution for violation of this code or any ordinance. The delinquent penalty fee may be waived by the Health Officer in c error made by Environmental Health Services staff or when the applicant h held a health permit during the past five years, and was unaware that a permit was required. Section 3. Sec. 65.107. FEES. The fee for each permit, plan review, license or tration issued pursuant to the provisions of this division is set forth her( (a) FOOD ESTABLISHMENT PERMIT FEES: As governed by the California Unfiorm Food Facilities Law, as provided for in Section 61.110. Section 65.105 is hereby amended to read as follows: D. E. Section 65.107 is hereby amended to read as follows: (41:Fee/Ord/F;JK 4/15/87) 5-12-87 (101) !-a 0 (1) For restaurants. 1 to 10 employees $195 11 to 25 employees 235 26 to 100 employees 275 101 or more employees 505 (2) For Permanent Concession Stands: $ 7! (3) For retail markets, other than Candy Stores: 1 to 15 employees $ 8! 26+ employees 151 16 to 25 employees 12( (4) For Candy Stores. $3 (6) For roadside stands. $12 1 to 5 employees $! 6 or more employees I $. (5) For bakeries. $1 7 (7) For Wholesale Food Distributors: (8) For Food establ ishments vending pre-packaged non- refrigerated non-peri shabl e foods. (9) For Seasonal Concession Stands. $1 (10) For Temporary food establishments at a special event, not to exceed 90 days: Ice cream or packaged non-perishable foods $ Unwrapped or perishable foods (11) For food establishments operating retail markets and restaurants or delicatessens on the same premises: 1 - 10 emp 1 oyees $; 11+ empl oyees (12) For food vending headquarters: Vending Machi ne Headquarters $' Vending Vehicle Headquarters t (13) For each food vending vehicle, other than mobile food preparation units, under the same ownership and operating out of the same establishment: Vending Machine Service Truck $ Packaged Lunch Truck Ice Cream Truck Produce Truck Other Vending Vehicles Boats (41 :Fee/Ord/F; JK 4/15/87) V e -. (14) For each mobile food preparation unit under the same ownership and operating out of the same establishment. For Mobile Food Units (push carts): Equipment Inspection Fee $36( (15) Pre-packaged food on1 y $ 2! Food preparation 4 Headquarters Permit Fee $15 Annual Site Permits $7 Pre- pac kag ed foods Food Preparation 19 (16) For each vending machine dispensing milk, ice cream or milk products or other kinds of perishable foods or beverages, or dispensing unbottled or uncanned liquid foods or beverages, except vending machines which dispense unwrapped non-perishable, non-liquid food products. $: (17) Refrigeration Plants. $1 Ret ai 1 $2: Who1 es a1 e 2' Whenever two or more types of activities are conducted within one I lishment by the same operator only one permit fee will be charged higher fee shall prevail. (18) For Food Processing establ ishments: (b) HOUSING PERMIT FEES - INSPECTION FEES FOR APARTMENT HOUSE OR HOTEL A VIDEO IN SECTION 66.1003: (1) For each apartment house or hotel containing not (2) For each apartment house or hotel containing from (3) For each apartment house or hotel containing from (4) For each apartment house or hotel containing more more than five (5) units. fi six (6) to ten (10) $ eleven (11) to fifteen (15) $ than fifteen (15) units. $ (5) For each unit in excess of fifteen (15). $ units. units. "UNIT" shall mean each apartment in an apartment house, each sleeping room in a hotel, and each apartment and each hotel sleeping room in a building, containing both apartments and hotel sleeping rooms. (41:Fee/Ord/F;JK 4/15/87) 6 '0 Separate apartment house bui 1 dings and separate otel bui 1 d- ings, or combination thereof, located upon a single parcel of land or contiguous parcels of land or under the same owner- ship shall be treated as one apartment house or hotel for the purpose of computing the fee prescribed by this section. (c) PUBLIC POOL PERMIT FEES: (1) For one (1) pool. $1; (2) For two (2) pools. $11 (3) For three (3) pools. $21 (4) For four (4) pools. $2 (5) For five (5) pools. $3' (6) Each additional pool, as provided for in Section 67.302. $ (d) LAND USE FEES: (1) Well Permit Application, as provided for in (2) Septic Installation, as provided for in Section Section 67.441.B. $1 68.326. $1 Septic Re-inspection, as provided for in Section 68.326. $ (3) Permits, no field investigation, as provided for in Section 68.326.1. $ (4) Deposit for Major Use Permits, Special Project review as provided for in Section 68.326.2. $t (5) Layout, as provided for in Section 68.328.1. $: 68.328.1. $1 68.328.1. $ Section 68.602. $ Section 68.604. $ Sewage Pumping Vehicle, as provided for in Section 68.604a. . rF Deposit for a Tentative Map on septic as provided for in Section 81.201.1. $1 (6) Layout new construction, as provided for in Section (7) Percolation Test, as provided for in Section (8) Septic Cleaner Examination Fee, as provided for in (9) Septic Cleaner Registration, as provided for in (10) (11) (41:Fee/Ord/F; JK 4/15/87) 'e 0 ' (12) (13) Tentative map on public sewer as provided for in Tentative Parcel Map on septic as provided for in Section 81.201. $ 8C Section 81.207(d). Each additional parcel over $220 one (1). 10c (14) (15) (16) (17) Tentative Parcel Map on sewer as provided for in Section 81.207(d). Field check only. $ 8( Boundary Adjustment, as provided for in Section 81.902.2. $1 61 Certificate of Compliance, as provided for in Section Grading Plan, as provided for in Section 87.204.1. 81.1105.1. $19( (18) Project re-review $4 $ 70.00 (e) SMALL WATER SYSTEM FEES: (1) Small Water Systems Permit Processing: as provided in California Health and Safety Code, Sections 4010.8, 4010.9. Community Water System $44 Non-Community Water System 3r State Small Water System 2f (2) Small Water System Annual Permit: as provided in Cal iforni a Health and Safety Code, Sections 4010.8 and 4010.9. Community Water System: 5-100 service connections $21 101+ service connections 3 Non-Community Water System 3' State Small Water System 3 (f) SOLID WASTE FEES: Solid Waste Facility Application Processing Fee: as provided for in Government Code, Sections 66796.20 and 66784.3. Disposal Sites $5 day) 3 Per day) L Transfer St at i ons; Large volume (100 Cubic Yds. or more per Small volume (less than 100 Cubic Yds. (9) PLAN CHECK FEES: (1) Pool Plan Review, per pool or spa, as provided for in Section 67.301. $; (2) Pool Plan Re-review, as provided for in Section 67.301. $ (3) Pool Equipment Only Review, as provided in Sec. 67.301. $ (41:Fee/Ord/F; JK 4/15/87) 0 e (4) Food Establishment Plan Review as provieed for in Section 61.112: 0 - 999 Square Feet $22f 1000 - 1999 Square Feet 26( 2000 - 2999 Square Feet 30( 3000 - 3999 Square Feet 3 3( 4000 - 4999 Square Feet 36f 5000 - 5999 Square Feet 4 2( 6000 - 7999 Square Feet 5 3’ 8000+ Square Feet 6% (5) (6) Food Establishment Plan Re-review as provided for Plan Review of a Separately Submitted Exhaust Hood System (fee per hood) or minor equipment changes and minor remodels, per Section 61.112. (7) Plan Review of Miscellaneous Health Regulated Establishments including massage parlors, tattoo parlors, motorized push carts, and other similar in Section 61.112, $9 $6 projects, per Section 61.112. $1: (8) Non-motorized push carts $4 (9) Push cart review $: agencies . $1 (10) Restamping or Approval of Non-health Regulated Building Plans, as reuqired by other governmental (h) HAZARDOUS MATERIALS MANAGEMENT FEES: (1) Operating Permit Base Fee (Includes Hazardous Waste Generator , Hazardous Materi a1 s Response P1 ans and Inventory and Underground Hazardous Materials Storage Hazardous Waste Generator Operating Permit Operating Permits, Except Dry Cleaning Establishments $1 (2) per Waste Volume less than 5 tons per Waste Volume 5 to 50 tons per Waste Volume greater than 50 tons $ 1 1 (3) Hazardous Materials Response Plans and Inventory Operating Permit (Maximum Fee is $1,000) Per material volume less than 550 gallons, 5,000 pounds or 2,000 cubic feet of Per material volume 550 to 5,500 gallons, 5,000 to 50,000 pounds or 2,000 to 20,000 cubic feet of compressed gas compressed gas $ $ (41 : Fee/Ord/F; JK 4/15 /87 ) I) 0 c- ' Per material volume greater than 5,500 gallons, 50,000 pounds or 20,000 cubic feet Underground Hazardous Materi a1 s Storage Operating Underground Hazardous Materi a1 s Storage Tank Special Permits New Install ation/Repair of compressed gas $1 1I Permit Per Tank $8 (4) (5) First Tank Base Fee $3 7 Each Additional Tank 10 $31 $e 15 Each Additional Tank I Repi pe Per Faci 1 i ty C1 osure/Removal One Tank (less than 1,000 gallons) One Tank (1,000 gallons or larger) Rei nspecti on Fee $' Consul tation/Unauthorized Re1 ease Investigation $1 Pe (i) X-Ray Machines (I) Medical First Room $11 Each additional room in the same facility On site construction inspection (2) Dental First Room $ Each additional room in the same facility On site construction inspection (j) MISCELLANEOUS FEES: (I) Consultation for which no fee is specifically indicated. Hourly rate. (Minimum charge -- Foodhandler Education Certificate - Renewal Exam, one-half hour.) $ per Section 61.112. $ per Section 61.112. $ (4) Drinking water sample processing (per sample). $ (5) Pet Shops permit fee. $ (6) Public Camps. $ (7) Massage Parlors. $ (2) (3) Foodhandler Education Certificate and Food Service Manager Training Certificate (each certificate), (41:Fee/Ord/F;JK 4/15/87) $5 $ e a 0.L (8) Tattoo Parlors. (9) For each duplicate permit, license or- registration as provided for in Section 61.110. (10) Mobile Pet Vending $4 .I . .\, - -- \-I /I ,. 1- , ,< lr, E';" '!(Lb' kfl..-.- w, t - -.---- . $2 S*' - L- - , &,I, (41:Fee/Ord/F;JK 4/15/87) e e .. * Section 4, Effective date. This ordinance rrhall 1 and be in force thirty (30) days after the date of its p before the expiration of fifteen (15) days after its aummary shall be published once with the names of the meni for and against the same in the San Diego Daily Transcript a newspaper of general circulation published in the cot Diego. PASSED, APPROVED, AND ADOPTED this 12th day of M - 1987 BRIAN P. BILBRAY Chairman ot the Board of Supervisor County of San Diego, State of Calif The above ordinance was adopted by the following vot Supervisor Brian P. Bilbray voting "Aye" Supervisor George F. Bailey voting "Aye" Supervisor Susan Golding Supervisor Leon Lo Williams voting "Aye I' Supervisor John MacDonald voting "Aye" absent and not voting ATTEST my hand and the seal of the Board of Supervis 12th day of May, 1987 KATHRYNA. NELSON Clerk of the Board of Supervisors By Patricia H. Stewart Deputy ORD. NO. 7299 (NS) (SEAL) *