Municipal Code, Complete - City of Santa Barbara

5.76.110 Inspection.
The Building Division, Fire Department and Police Department shall, from time to time and at least twice each
year, make an inspection of each massage establishment in the City of Santa Barbara for the purpose of determining
that the provisions of this Code are met. (Ord. 3543 §1(part), 1972.)
5.76.120 Records of Treatments.
Every person, association, firm, or corporation operating a massage establishment under a permit as herein
provided shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name
of the technician administering such treatment. Said record shall be open to inspection by officials charged with the
enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information
furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of
such information by any officer or employee of the City of Santa Barbara shall constitute a misdemeanor and such
officer or employee shall be subject to the penalty provisions of this chapter, in addition to any other penalties
provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall
describe the address where the treatment was rendered. Said records shall be maintained for a period of two (2)
years. (Ord. 3543 §1(part), 1972.)
5.76.130 Name of Business.
No person permitted to do business as herein provided shall operate under any name or conduct his business under
any designation not specified in his permit. (Ord. 3543 §1(part), 1972.)
5.76.140 Revocation and Suspension of Permit.
A permit issued under authority of this chapter may be suspended for violation of any of its provisions or for fraud
or misrepresentation in the permit application, but no permit shall be revoked until after a hearing shall have been
held before the Board of Fire and Police Commissioners to determine just cause for such revocation. Provided,
however, the Chief of Police may order any permits suspended pending such hearing, and it shall be unlawful for any
person to carry on the business of a massage technician or to operate as a massage establishment depending upon the
particular type of permit which has been suspended until the suspended permit has been reinstated by the said Board.
Notice of such hearing shall be given in writing and served at least five (5) days prior to the date of the hearing
thereon. The notice shall state the ground of the complaint against the holder of such permit, or against the business
carried on by the permittee at the massage establishment, and shall state the time and place where such hearing will
be had at the next regular meeting of the Board following the five (5) day notice period.
The notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice
at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In
the event the permit holder cannot be found, and the service of such notice cannot be made in the manner herein
provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of
business or residence at least five (5) days prior to the date of such hearing. (Ord. 3543 §1(part), 1972.)
5.76.150 Sale or Transfer.
Upon the sale or transfer of any interest in a massage establishment, the permit and tax receipt shall be null and
void. A new application shall be made by any person, firm, or entity desiring to own or operate the massage
establishment. A fee of ten dollars ($10.00) shall be payable for each such application involving sale or other transfer
of any interest in an existing massage establishment. The provisions of this chapter shall apply to any person, firm, or
entity applying for a massage establishment permit for premises previously used as such establishment.
Any such sale or transfer of any interests in an existing massage establishment or any application for an extension
or expansion of the building or other place of business of the massage establishment, shall require inspection and
shall require compliance with this chapter. (Ord. 3543 §1(part), 1972.)
5.76.160 Applicability of Regulations to Existing Businesses.
The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein
described activities were established before or after the effective date of this chapter. (Ord. 3543 §1(part), 1972.)
166 rev. 4/30/97