Note: Prior history: prior code §§ 62001—62020
and Ord. Nos. 1358CCS, adopted 2/11/86, and 1792CCS, adopted 3/21/95.
Except as specifically provided in this Section, this Chapter
shall apply to all massage establishments and to all massage technicians.
Nothing contained in this Chapter shall require any person with a
massage technician permit to obtain State certification, and any massage
technician may renew his or her massage technician permit in accordance
with this Chapter without obtaining State certification.
(d)
The provisions of this Chapter shall not apply to any person who
is a State licensed physician, surgeon, osteopath, physical therapist,
or occupational therapist, or to any registered nurse working on the
premises of and under the direct supervision of a State licensed physician,
surgeon, or osteopath.
(Added by Ord. No. 2290CCS §
1, adopted 7/14/09)
The following words and phrases as used in this Chapter shall
have the following meanings:
Any massage establishment that employs or uses any only certified
massage technicians to perform massage services.
Any massage technician who has a valid, current State certification,
and who is practicing consistent with the qualifications established
by his or her State certification.
Any sole proprietorship where the owner has State certification
and is the only person employed by that business to provide massage
services.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, or stimulating the external
parts of the body with the hands or other parts of the body, with
or without the aid of any mechanical or electrical apparatus or appliances,
or with or without supplementary aids such as rubbing alcohol, liniments,
antiseptics, oils, powder, creams, lotions, ointments, or other similar
preparations commonly used in this practice.
Any business where any individual, firm, association, partnership,
corporation, or combination of individuals, engages in, conducts,
carries on, or permits to be engaged in or conducted, for money or
any other consideration, massage or health treatments involving massages
including, but not limited to, those businesses that provide massage
accessory to their principal permitted use, such as aromatherapy,
beauty salon, health club, beach club, skin care salon, acupuncture,
chiropractic office or day spa. Unless otherwise specified in this
Chapter, any reference to massage establishment shall include certified
massage establishment.
Any person who administers a massage to another person in
exchange for money or any other consideration.
The permit required to administer massage for money or any
other consideration.
A massage conducted for money or any other consideration
at a location other than a massage establishment.
Any person who administers off-premises massage to another
person in exchange for money or other consideration.
A person or entity who holds an operator's permit for a massage
establishment.
The permit required to operate a massage establishment.
Any person designated by the operator to conduct day-to-day
operations of the massage establishment, provided such person holds
an operator's permit or a massage technician permit, or is a certified
massage technician.
Any business where the owner is the only person employed
by that business to provide massage services.
Certification issued pursuant to Chapter 10.5 of the California
Business and Professions Code.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 2, adopted by 7/14/09)
(Added by Ord. No. 2290CCS §
3, adopted 7/14/09)
Except as provided for in Section 6.104.170, no person shall operate a massage establishment within the City without first obtaining an operator's permit pursuant to the provisions of this Chapter and complying with all other applicable local and State laws, including, but not limited to, laws establishing land use restrictions and all red light abatement provisions set forth in Penal Code Sections 11225 through 11235 regarding the operation of a massage establishment.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 4, adopted by 7/14/09)
Any person may apply for an operator's permit for a massage
establishment by filing a written application with the Finance Department
of the City on a form prepared by the Chief of Police, paying the
filing fees established by the City, and passing a written examination
administered by the City. The application shall be completed and signed
by the owner of the proposed massage establishment, if a sole proprietorship;
one general partner, if the owner is a partnership or LLP; one officer
or one director, if the owner is a corporation or LLC; one participant,
if the owner is a joint venture; or one trustee if the owner is a
trust. The application shall be deemed complete if it contains or
is accompanied by the following:
(a)
A description of the type of ownership of the business.
(1)
Sole Proprietorship. If the applicant is a sole proprietorship,
the applicant shall state his or her name and address of residence
on the application.
(2)
Partnership. If the applicant is a partnership of any
kind, the applicant shall set forth the name and address of residence
of each of the partners, including limited partners, on the application.
If the applicant is a limited partnership, the applicant shall also
attach to the application a copy of its certificate of limited partnership
filed with the Secretary of State. If one or more of the partners
is a corporation, the provisions of this Section pertaining to corporations
shall apply in addition to this subsection.
(3)
Corporation. If the applicant is a corporation, the
name of the corporation shall be set forth exactly as shown in its
articles of incorporation, together with the state and date of incorporation,
the names and residence addresses of each of the corporation's current
officers and directors, and of each stockholder holding more than
five percent of the stock of that corporation, and the name and address
of the corporation's current agent for service of process.
(4)
Designated Officer or Partner. An applicant corporation
or partnership shall designate one officer or general partner to act
as the responsible managing officer and that person shall complete
and sign all forms required of an individual applicant by this Chapter.
The responsible managing officer may be different from the responsible
employee.
(b)
A statement containing the precise name under which the massage establishment
will be conducted and the complete address and all telephone numbers
of the massage establishment.
(c)
A complete list of the names and current residence addresses of all
proposed massage technicians, other employees, and other persons working
in the massage establishment, with a description of the job duties
or function of each person.
(d)
The name and current residence addresses of the responsible employee
proposed to be principally in charge of the operation of the massage
establishment, if that person is different from the operator.
(e)
The following personal information and identification concerning
the applicant, if the applicant is an individual, or the responsible
managing officer, if the applicant is an entity:
(1)
Name and complete residence address;
(2)
Two immediately prior residence addresses;
(3)
Date of birth;
(4)
Height, weight, color of hair and eyes, and gender;
(5)
The massage or similar business history and experience of the applicant,
including but not limited to, whether or not such person, in previously
operating a massage establishment or similar business in this City
or any other city or state under license or permit, has had such license
or permit denied, revoked, or suspended, and the reasons therefor;
(6)
All criminal convictions including pleas of nolo contendere within
the last ten years, including those which have been dismissed or expunged
under the provisions of Section 1203.4 of the Penal Code, but excluding
infraction violations, and the date of each such conviction or plea
and the sentence therefor;
(7)
A valid California driver's license or valid California identification
card;
(8)
Two front-faced portrait photographs at least two inches by two inches
in size taken by the Police Department;
(9)
A complete set of fingerprints taken by the Police Department;
(10)
The name and address of the owner and lessor of the real property
upon which or in which the massage establishment is to be conducted.
In the event that the applicant is not the legal owner of the real
property, the application must be accompanied by a copy of the lease
and a notarized acknowledgement from the owner of the real property
that a massage establishment will be located on the real property;
(11)
A site plan depicting the building and unit proposed for the massage
establishment and a dimensional interior floor plan depicting how
the massage establishment will comply with this Chapter and other
applicable laws, including all health, zoning, fire and safety requirements
and standards;
(12)
Such other information and identification as is reasonably deemed
necessary by the Chief of Police to fulfill the purposes of this Chapter;
and
(13)
A statement in writing by the applicant authorizing the City, its
agents and employees to seek verification of the information contained
in the application and attesting that the applicant certifies under
penalty of perjury that all information contained in the application
is true and correct.
Prior to the issuance of an operator's permit, the applicant,
or responsible managing officer if the applicant is a corporation
or partnership, must pass a written examination given by the City.
The examination shall be given on a monthly basis and shall test the
applicant or responsible managing officer on the requirements of this
Chapter to ensure substantial understanding of the operator's and
the responsible employee's duties. An applicant or responsible managing
officer who fails the examination may retake it; however, an applicant
who fails the examination three times shall be ineligible to retake
the examination for one year after the third failed examination. An
additional fee may be imposed by the City for each re-examination.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 5, adopted by 7/14/09)
(a)
The Chief of Police shall condition the issuance of any operator's
permit to ensure compliance with this Chapter and other applicable
laws, including all health, zoning, fire and safety requirements and
standards. Such conditions shall include, but not be limited to, the
following:
(1)
All doors shall be kept unlocked during business hours.
(2)
No massage may be given within any cubicle, room, booth or any area
within the massage establishment which is fitted with a door capable
of being locked, unless that door is an exterior door. No electronic
locking device may be utilized on any interior door.
(3)
Except to the extent required by written prescription issued and
signed by a physician licensed in the State of California, no massage
technician or employee shall massage the genitals, gluteal fold, or
anal area of any patron, or the breasts of any female patron, nor
shall any operator or responsible employee of a massage establishment
allow or permit such massage.
(4)
No operator or responsible employee, while performing any task or
service associated with the massage establishment, shall be present
in any room with another person unless the person's genitals, gluteal
fold, anus, or, in the case of a female, her breast(s), are fully
covered.
(5)
No person or entity granted an operator's permit shall use any name
or conduct business under any designation other than that specified
in the operator's permit, and no business shall be conducted other
than the business authorized by the operator's permit.
(6)
All massage establishments shall have an operator or responsible
employee on the premises at all times the massage establishment is
open. The operator of each massage establishment shall file a statement
with the Finance Department designating the person or persons with
power to act as a responsible employee. The operator or the responsible
employee shall post, on a daily basis, the name of each on-duty responsible
employee and each on-duty massage technician in a conspicuous public
place in the lobby of the massage establishment. The operator and
the responsible employee shall be responsible for ensuring compliance
with this Chapter.
(7)
No massage establishment shall be open for business without having
a valid operator's permit.
(8)
At least one massage technician holding a current valid massage technician
permit for that specific massage establishment, or at least one State
certified massage technician, shall be on the premises and on duty
at all times when the massage establishment is open.
(9)
The operator or the responsible employee shall ensure that the operator's
permit for the massage establishment and the massage technician permit
or state certification for each on-duty massage technician are conspicuously
displayed in a public place in the lobby of the massage establishment.
(10)
The operator or the responsible employee shall ensure that each massage technician, other than a certified massage technician, is wearing or has in his or her possession the photo identification card required by Section 6.104.070 at all times when in the massage establishment. The photo identification card shall be presented to the representatives of the City, including a police officer, upon request.
(11)
The operator or the responsible employee shall be responsible for
the conduct of all employees, including massage technicians, while
such employees are at the massage establishment. All persons found
working in the massage establishment shall be considered employees
of the operator, including independent contractors and unpaid volunteers.
Any act or omission of such person that constitutes a violation of
the provisions of this Chapter shall be deemed to be the act or omission
of the operator for purposes of determining whether the operator's
permit shall be revoked, suspended, denied or renewed.
(12)
No operator or responsible employee shall employ any person as a
massage technician who does not have, prior to such employment, a
valid massage technician permit for the specific massage establishment
at which the massage technician is to perform massage service, unless
that person is a certified massage technician.
(13)
Every operator or responsible employee shall report to the Finance
Department any change of personnel at the massage establishment, including
any change of massage technicians, whether by new or renewed employment,
discharge or termination on the form and in the manner required by
the Finance Department. The form shall include space to provide the
name of the employee and the date of hire, rehire, discharge or termination.
The form shall be submitted to Finance Department within three working
days of the date of hire, rehire, discharge or termination.
(14)
The operator or the responsible employee of a massage establishment
shall deliver the massage technician permit and photo identification
card of any massage technician no longer employed at the massage establishment
to the Finance Department within three working days of the date of
discharge or termination of the massage technician, except if the
discharged or terminated person is a certified massage technician.
(15)
All persons, including the operator, responsible employee, massage
technicians and all other persons working in the massage establishment,
shall be fully clothed at all times and shall wear clean outer garments.
Clothing shall be of a fully opaque, non-transparent material and
shall provide complete covering of the genitals, genital area, buttocks
and female breasts of such persons, massage technicians and other
persons working in the massage establishment.
(16)
The operator or the responsible employee shall maintain a register
of all employees, including all massage technicians and all other
persons working in the massage establishment, showing the name, nicknames
and aliases used by such person, home address, age, birth date, gender,
height, weight, color of hair and eyes, telephone numbers, social
security number, date of employment and termination, if any, and duties
of each employee. By the tenth day of each quarter, the operator or
the responsible employee shall file with the Finance Department a
copy of the register showing all persons who worked on the premises
during the preceding quarter. The above information on each employee
shall be maintained in the register on the premises for a period of
two years following termination of the employee. The operator or the
responsible employee shall make the register of employees available
to representatives of the City, including a Police Officer, upon request.
(17)
Each operator shall provide the Finance Department with evidence of the insurance required by Section 6.104.090 prior to the date of issuance of the operator's permit.
(18)
The operator and the responsible employee shall comply with all provisions
of this Chapter and all other applicable laws, including, but not
limited to, all red light abatement provisions set forth in Penal
Code Sections 11225 through 11235, or any successor statute.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 6, adopted by 7/14/09)
Except as provided in Section 6.104.005(a), no person shall perform massage in a massage establishment or off-premises massage for money or any other consideration, unless such person has in effect a valid massage technician permit.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 7, adopted by 7/14/09)
Any massage technician permit set to expire on June 30, 2009,
shall instead expire on August 31, 2009, unless earlier suspended
or revoked pursuant to this Chapter.
(Added by Ord. No. 2289CCS §
1, adopted 5/12/09)
Any person may apply for a massage technician permit either
to work in a massage establishment or as an off-premises massage technician
by filing a written application with the Finance Department on a form
required by the Chief of Police, paying a filing fee, and passing
an examination administered by the County of Los Angeles. The application
shall be completed and signed by the person desiring the massage technician
permit. The application shall be deemed complete if it contains or
is accompanied by the following:
(a)
For a massage technician permit to work in a massage establishment,
the exact name of the massage establishment at which the applicant
will be working as a massage technician and the exact address of the
location of the massage establishment at which the applicant will
be working as a massage technician. For an off-premises massage technician,
the central business address of the off-premises massage technician.
Either shall include the full street address and all telephone numbers
associated with the location. If the applicant will be working in
a massage establishment, the application shall indicate the exact
name, address, and all telephone numbers of the massage establishment.
(b)
A statement in writing from a physician licensed in the State of
California on a form approved by the Chief of Police that the physician
has examined the applicant within the past thirty-day period preceding
the application and has found the applicant to be free from all communicable
diseases.
(c)
The following personal information and identification concerning
the applicant:
(1)
Name and complete residence address;
(2)
Two immediately prior residence addresses;
(3)
Date of birth;
(4)
Height, weight, color of hair and eyes, and gender;
(5)
The massage or similar business history and experience of the applicant,
including but not limited to, whether or not such person, in previously
performing massage services or operating a massage establishment or
similar business in this or any other City or State, under license
or permit, has had such license or permit denied, revoked, or suspended
and the reasons therefor;
(6)
All criminal convictions including pleas of nolo contendere within
the last ten years, including those which have been dismissed or expunged
under the provisions of Section 1203.4 of the Penal Code, but excluding
infraction violations, and the date of each such conviction or plea
and the sentence therefore;
(7)
A valid California driver's license or valid California identification
card;
(8)
Two front-faced portrait photographs at least two inches by two inches
in size taken by the Police Department;
(9)
A complete set of fingerprints taken by the Police Department.
(d)
A diploma or certificate of graduation and a certified transcript
from an approved massage school. The term "approved massage school"
means and includes a school or institution of learning licensed by
the State of California and approved by the State Superintendent of
Public Instruction pursuant to Education Code Section 94311(d) and
reviewed by the Superintendent within the preceding twelve-month period,
which has for its purpose the teaching of the theory, method, profession,
or work of massage technicians and which requires a resident course
of study of not less than five hundred hours. The term "approved massage
school" may, at the discretion of the Chief of Police, also include
a school or institution of learning which is licensed and accredited
by a state other than the State of California, which has for its purpose
the teaching of the theory, method, profession, or work of massage
technicians, and which requires a resident course of study of not
less than five hundred hours. An applicant who attended an out-of-state
school shall submit a diploma or certificate of completion, a certified
transcript, the name, address and telephone number of the school,
and a course description and outline of the material covered in the
courses completed by the applicant. Any out of state course of study
submitted for approval shall meet the State of California's Office
of Post Secondary Education's minimum requirements.
Notwithstanding the foregoing, the Chief of Police may determine
that a particular school does not qualify as an "approved massage
school" based upon substantial evidence that the school issues diplomas
or certificates of completion fraudulently or otherwise fails to engage
in teaching the theory, method, profession, or work of massage technicians.
(e)
Proof of passage of a City-approved examination for massage technicians.
A list of City-approved examinations shall be maintained by the Finance
Department.
(g)
A statement in writing by the applicant authorizing the City, its
agents and employees to seek verification of the information contained
in the application and attesting that the applicant certifies under
penalty of perjury that all information contained in the application
is true and correct.
(h)
Such other information and identification as deemed necessary by
the Chief of Police to fulfill the purposes of this Chapter.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 8, adopted by 7/14/09)
The Chief of Police shall condition the issuance of any massage
technician permit to ensure compliance with this Chapter and other
applicable laws. Such conditions shall include, but not be limited
to, the following:
(a)
That the massage technician must be wearing or have in his or her
possession the photo identification card prepared by the Police Department
when working pursuant to the massage technician permit. The photo
identification card shall be promptly presented to the representatives
of the City, including a Police Officer, upon request. If a massage
technician intends to change his or her business address, he or she
shall be required, prior to such change occurring, to obtain from
the Police Department a new photo identification card showing the
new business address of the massage technician.
(b)
That if the applicant is authorized to conduct off-premises massage,
that off-premises massage shall not be conducted in a hotel, motel,
or other commercial establishment except in the office of the customer.
(c)
That when working pursuant to the massage technician permit, the
massage technician may not expose his or her genitals or buttocks,
or, in the case of a female, her breast(s), or make intentional contact
or occasional and repetitive contact with the genitals or anus of
another person.
(d)
No massage technician employed by a massage establishment may engage
in any off-premises massage without applying for and being issued
a separate massage technician permit to engage in off-premises massage.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 9, adopted by 7/14/09)
The Chief of Police shall exercise his or her discretion to
approve, conditionally approve, or deny any application under this
Chapter within sixty days after it is deemed complete. The sixty-day
period for processing may be extended for up to an additional thirty
days if necessary to complete an investigation of the applicant, the
application or the proposed location. The Chief of Police shall issue
the permit unless he or she makes any of the following findings:
(a)
The applicant has, within five years prior to the application date:
(1)
Been convicted of or pled to a violation of Health and Safety Code
Section 11550, or a violation of Penal Code Sections 266h, 266i, 314,
315, 316, 318, 647(a) or 647(b), or a violation of any provision of
this Chapter, or any previous Chapter to which this is the successor
Chapter;
(2)
Been convicted of or pled to any felony offense involving the sale
of a controlled substance specified in Health and Safety Code Sections
11054, 11055, 11056, 11057, or 11058; or of any felony offense which
substantially relates to the applicant's qualifications, functions
or duties under this Chapter;
(3)
Been required to register under the provisions of Penal Code Section
290;
(4)
Been convicted of or pled to any offense in any other state which
is the equivalent of any of the offenses specified in this Section;
(5)
Been convicted of or pled to a lesser offense as a result of a plea
negotiation in a case where the applicant was originally charged with
any of the crimes listed in this subsection;
(6)
Been subjected to a permanent injunction against the conducting or
maintaining. of a nuisance pursuant to Sections 11225 through 11235
of the Penal Code, or any similar provisions of law in a jurisdiction
outside the State of California.
(b)
The applicant has, within three years prior to the application date:
(1)
Committed an act, which, if done by an operator or a massage technician permitted under this Chapter, would be grounds for suspension or revocation of the permit pursuant to Section 6.104.120 of this Code;
(2)
Committed an act involving dishonesty, fraud, or deceit with the
intent to substantially benefit himself, herself, or another or substantially
to injure another, or an act of violence, which act or acts are substantially
related to the qualifications, functions, or duties governed by this
Chapter.
(c)
The massage establishment as proposed by the applicant does not comply
with all applicable laws, including, but not limited to, health, zoning,
nuisance, fire and safety requirements and standards.
(d)
The applicant has knowingly made a false, misleading, or fraudulent
statement of fact to the City on his or her application.
(e)
The application does not contain the information required by this
Chapter.
(f)
The applicant has not satisfied the requirements of this Chapter.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 10, adopted by 7/14/09)
The requirements of this Section are reasonable health and safety
requirements for massage establishments and massage technicians and
shall apply to all massage establishments and massage technicians
in the City, unless otherwise specified.
(a)
All massage establishments shall have an operator or responsible
employee on the premises at all times when the massage establishment
is open.
(b)
No person shall give, or assist in the giving, of any massage to
any person under the age of eighteen years, unless the parent or guardian
of such minor person has consented thereto in writing.
(c)
The operator or the responsible employee shall erect and maintain
a recognizable and readable sign adjacent to the main entrance identifying
the premises as a massage establishment. The sign may not use any
strobe lights or other flashing lights to illuminate the front of
the business. This subsection shall not apply to any certified massage
establishment.
(d)
The operator or the responsible employee shall also post and maintain
a list of services available and the cost of each. No operator or
responsible employee shall permit, and no massage technician shall
offer or perform, any service other than those posted and for the
cost of the service as posted.
(e)
The operator and the responsible employee shall be responsible for
the conduct of all employees, including massage technicians, while
such employees are at the massage establishment. All persons found
working in the massage establishment shall be considered employees
of the operator, including independent contractors and unpaid volunteers.
Any act or omission of such person that constitutes a violation of
the provisions of this Chapter shall be deemed to be the act or omission
of the operator for purposes of determining whether the operator's
permit shall be revoked, suspended, denied or renewed.
(f)
The operator or the responsible employee shall provide in each room
where massages are given sufficient lighting and ventilation as required
by the Building Code. Lighting in each massage room shall be at least
one forty-watt white light bulb which shall be activated at all times
while a patron is in the room. No strobe lights, colored lights, or
colored light coverings shall be used. This subsection shall not apply
to any certified massage establishment.
(g)
From time to time and during business hours, City and County health
and safety personnel, including a Police Officer, may inspect the
premises for the purpose of determining compliance with state and
local laws. An operator, responsible employee, a massage technician
or any other employee or agent thereof, including a certified massage
technician, shall allow such inspections; and it is a violation of
this Chapter if he or she refuses to permit or interferes with a lawful
inspection.
(h)
A minimum of one tub or shower and one toilet and washbasin shall
be provided for the patrons in every massage establishment. If male
and female patrons are to be served simultaneously, and if steam rooms
or saunas are provided, a separate steam room or sauna shall be provided
for male and female patrons. Hot and cold running water under pressure
shall be provided to all wash basins, bathtubs, showers, and similar
equipment. Each wash basin shall be provided with soap or detergent
and sanitary towels placed in permanently installed dispensers. A
trash receptacle shall be provided in each toilet room. In addition
to the wash basin provided for patrons, a minimum of one separate
wash basin shall be provided in each massage establishment, which
wash basin shall provide soap or detergent and hot running water at
all times and shall be located within or as close as practically possible
to the area devoted to the performing of massage services. If the
wash basin for patrons is not in the toilet room but it is adjacent
thereto, this wash basin shall meet the separate wash basin requirement
if it is reasonably close to the area devoted to performing massages.
This subsection shall not apply to any certified massage establishment.
(i)
In a certified massage establishment, no massage may be given within any cubicle, room, booth or any area any behind any locked door, unless there is no staff available to assure security for clients and massage staff who are behind closed doors. All other massage establishments shall comply with the requirements of Section 6.104.040(a)(2) relating to locked doors.
(j)
No person shall operate a massage establishment or work as an off-premises
massage technician or administer a massage as herein defined for money
or any other consideration between the hours of ten-thirty p.m. and
seven a.m.
(k)
No person shall operate a massage establishment under any name or
conduct business or perform massage services under any designation
or location not specified in his or her operator's permit, massage
technician permit or State certification, as applicable.
(l)
No person shall enter, be, or remain in any part of a massage establishment
while in possession of, consuming, using, or under the influence of
any alcoholic beverage or controlled substance. The owner, operator,
and responsible employee shall each be responsible for ensuring that
no such person shall enter or remain in a massage establishment.
(m)
No person, while conducting business as an off-premises massage technician,
shall be in possession of, or under the influence of, any alcoholic
beverage or controlled substances.
(n)
No building or part thereof used as a massage establishment and no
location at which an off-premises massage technician works shall be
equipped with any electronic, mechanical, or artificial device used,
or capable of being used, for recording or videotaping, for monitoring
the activities, conversation, or other sounds in the treatment room
or any room used by the business patrons; nor shall any such equipment
be used to record, videotape or monitor a person receiving a massage
without that person's written consent in advance.
(o)
No operator or responsible employee of any massage establishment
shall send a massage technician off the premises for the purpose of
administering a massage, nor shall the massage establishment or any
part thereof be used by any employee, operator, responsible employee,
or owner to receive or accept such requests for off-premises massages,
except when such off-premises massage is permitted by this Chapter.
No person holding a massage technician permit to conduct off-premises
massage shall conduct massage, whether or not for compensation, at
a hotel, motel, or any other commercial establishment except in the
office of the customer.
(p)
Every massage technician shall, while working in a massage establishment,
display his or her massage technician permit or State certification
in a conspicuous place within the massage establishment so that it
may be readily seen by persons entering the premises.
(q)
All persons working in a massage establishment shall be fully clothed
at all times, and such clothing shall be of a fully opaque, non-transparent
material. No massage technician shall perform any massage or associated
task while exposing his or her genitals, buttocks, or, in the case
of a female, her breast(s).
(r)
Except to the extent required by written prescription issued and
signed by a physician licensed in the State of California, no massage
technician shall massage the genitals, buttocks, gluteal fold, or
anal area of any patron, or the breasts of any female patron, nor
shall any operator or responsible employee of a massage establishment
allow or permit such massage. No massage technician shall make intentional
contact or occasional and repetitive contact with the genitals, buttocks,
gluteal fold, or anus of any patron, or the breasts of any female
patron.
(s)
All persons, including the operator, the responsible employee, the
massage technicians and all other persons working in massage establishments
shall be fully clothed at all times and shall wear clean outer garments.
Clothing shall be of a fully opaque, non-transparent material and
shall provide complete covering of the genitals, genital area, buttocks
and female breasts of such persons, massage technicians, and other
persons working in the massage establishment.
(t)
Each massage establishment shall provide to all patrons, clean, sanitary
and opaque coverings capable of covering the patrons' genitals, genital
area, buttocks and female breasts. No common use of such coverings
shall be permitted and re-use is prohibited unless coverings are adequately
cleaned between uses.
(u)
No massage technician shall perform any massage or associated task
in any room with another person unless that person's genitals, genital
area, buttocks and female breasts are fully covered.
(v)
Standard or portable massage tables with durable, washable plastic
or other waterproof material as covering shall be used for massage.
Foam pads more than four inches thick or with a width of more than
four feet may not be used. Beds, mattresses, and water beds may not
be used in the administration of a massage.
(w)
The operator of each massage establishment shall file a statement
with the Finance Department designating the person or persons with
power to act as a responsible employee. The operator or the on-duty
responsible employee shall post, on a daily basis, the name of each
responsible employee and each massage technician in a conspicuous
public place in the lobby of the massage establishment. The operator
or the responsible employee shall be responsible for ensuring compliance
with this Chapter.
(x)
Every operator shall report to the City any change of employees,
including any change of massage technicians, whether by new or renewed
employment, discharge or termination, on the form and in the manner
required by the Finance Department. The report shall contain the name
of the employee and the date of hire, rehire, discharge or termination.
The report shall be made within three working days of the date of
hire, rehire, discharge or termination.
(y)
Every operator shall, on or before the fifth working day of each
calendar month, report to the City a full list of all employees, independent
contractors, volunteers, or other persons, including massage technicians,
working or providing any service at the massage establishment. Such
report shall include a statement by the operator or responsible employee
that each person performing massage services at the massage establishment
has a massage technician permit or State certification.
(z)
Every operator of a massage establishment employing any certified
massage technician shall file a copy of the State certification for
each certified massage technician with the Finance Department and
the Police Department.
(aa)
Every certified massage technician required to obtain a business license pursuant to Section 6.104.015(b) shall file a copy of his or her State certification with the Finance Department and the Police Department.
(bb)
Every person operating a massage establishment and each person doing
business as a massage technician shall keep a record of the dates
and hours of each treatment or service, name, address and birth date
of the patron which shall be verified by the patron showing legal
identification prior to the provision of service, the name of the
massage technician administering such service and a description of
the treatment or service rendered. These records shall 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 Chapter. The information furnished or secured
as a result of any such records shall be used only to ensure and enforce
compliance with this Chapter and other applicable laws and shall otherwise
remain confidential. Officials charged with enforcement of this Chapter
shall periodically inspect the records to ensure compliance with this
Chapter. The records shall be maintained for a period of not less
than one year.
(cc)
All operators and all massage technicians shall keep on file with
the Finance Department in full force and effect at all times, documents
issued by an insurance company authorized to do business in the State
of California evidencing that the permit holder is insured under a
liability insurance policy providing minimum coverage of one hundred
thousand dollars for injury or death to one person arising out of
the operation of any massage establishment in the case of the massage
establishment, or the administration of a massage, in the case of
the massage technician.
(dd)
Any operator that is not the legal owner of the real property upon
which or in which the massage establishment is located shall keep
on file with the Finance Department the name and address of the owner
of such real property. Such an operator must also keep on file with
the Finance Department a copy of the lease and a notarized acknowledgement
from the owner of the real property. Any change in ownership of the
real property or in the lease terms shall be filed with the Finance
Department with thirty days of such change.
(ee)
All massage establishments must comply with all State and Federal
laws and regulations for disabled customers. No massage establishment,
operator, responsible employee or massage technician may discriminate
or exclude patrons on the basis of race, nationality, gender, sexual
orientation, religion, age, or disability.
(ff)
The Chief of Police may require that the following notice be posted
in the event that any employee of the massage establishment or any
person who has been aided and abetted by an employee of the massage
establishment has been found, after hearing by administrative proceeding
or by court conviction or plea, to have violated any provisions listed
in this Chapter:
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NOTICE TO ALL PATRONS
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THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE SANTA MONICA
POLICE DEPARTMENT AND CODE ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE.
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(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 11, adopted by 7/14/09)
An operator or responsible employee shall report immediately
to the Chief of Police any and all changes of ownership or management
of the massage establishment including, but not limited to, changes
of operator, responsible employee, manager or other person principally
in charge, stockholders holding more than five percent of the stock
of the corporation, officers, directors, and partners; and any and
all changes of name, style, or designation under which the business
is to be conducted, and all changes of address or telephone numbers
of the massage establishment.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 12, adopted by 7/14/09)
(a)
No massage technician permit or operator's permit shall be sold or
transferred. Any such attempted sale, assignment or transfer shall
be deemed to constitute a voluntary surrender of such permit and such
permit shall thereafter be null and void.
(b)
All operator's permits and massage technician permits shall be issued
for a period of no more than one year, provided that the massage technician
or operator continues to meet the requirements of this Chapter.
(c)
Applications for massage technician permit or operator's permit renewal
at the end of each fiscal year shall be filed with the Chief of Police
at least thirty days prior to the expiration of the massage technician
permit or operator's permit.
(d)
Each applicant for renewal shall file such information, including
but not limited to proof of insurance, as may be required by the Chief
of Police to update the information required for his or her original
application. Each massage technician renewal applicant shall include
a statement in writing from a licensed physician in the State of California
that he or she has examined the applicant within the past thirty-day
period preceding the application and has found the renewal applicant
to be free from all communicable diseases.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 13, adopted by 7/14/09)
(a)
The Chief of Police may deny an application, refuse to renew a massage technician permit or operator's permit, or revoke or suspend an existing massage technician permit or operator's permit on the grounds that the applicant or permit holder has allowed violations of the permit conditions or otherwise failed to comply with the requirements of this Chapter. In any such case, the applicant or permit holder shall have the right to appeal from a decision of the Chief of Police in accordance with the hearing procedures established by Chapter 6.16 of this Code.
(b)
No suspended massage technician permit or operator's permit may be
renewed during the term of the suspension. If a suspended massage
technician permit or operator's permit lapses during the suspension
period, a new application may be approved, to be effective only upon
the expiration of the period of suspension.
(c)
When the Chief of Police concludes that grounds exist to deny an
application or to suspend, revoke or refuse to renew a massage technician
permit or operator's permit, the Chief of Police shall direct service
upon the applicant, or massage technician or operator, by certified
mail, return receipt requested, addressed to the business and residence
address of the applicant, or massage technician or operator, of a
notice of denial or notice of intent to suspend, revoke or refuse
to renew massage technician permit or operator's permit. This notice
shall state the reasons for the proposed action, the effective date
of the decision, the right of the applicant, or massage technician
or operator, to appeal the decision to a Hearing Examiner, the right
to submit contrary evidence along with the appeal, and that the decision
will be final if no appeal is filed within the time allowed.
(d)
The right to appeal shall terminate upon expiration of fifteen days
from the date of mailing of the notice. Any decision of the Chief
of Police, pursuant to this Chapter, shall be deemed final and conclusive
unless a written notice of appeal is filed with the City Clerk prior
to the expiration of the fifteen-day appeal period. In the event an
appeal is timely filed, any suspension or revocation shall be stayed
until a final decision has been rendered by the Hearing Examiner.
If no appeal is filed, the suspension or revocation shall become effective
upon expiration of the period for filing the appeal. The hearing shall
be concluded within sixty days of the date of the filing of the appeal.
The Hearing Examiner shall render his or her decision within sixty
days from the date of the conclusion of the hearing, unless otherwise
agreed by the parties. The decision of the Hearing Examiner shall
be final. The applicant shall be entitled to notice of the basis for
the proposed action, a copy of the documents upon which the decision
of the Chief of Police was based and the opportunity to present contrary
evidence to the Chief of Police prior to the hearing and to the Hearing
Examiner at the hearing. Notice of the date, time and place of the
hearing shall be mailed at least ten days prior to the date of the
hearing, by certified mail, return receipt requested, with proof of
service attached, addressed to the address listed on the operator
application, or massage technician application, as the case may be.
(e)
No massage technician permit or operator's permit granted herein
shall confer any vested right to any person or business for more than
the permit period. All operators, responsible employees and massage
technicians shall comply with the provisions of this Chapter as they
may be amended hereafter.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 14, adopted by 7/14/09)
The City Council shall establish, and from time to time amend
by resolution, fees for the administration and enforcement of this
Chapter.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 17, adopted by 7/14/09)
Any other provision of this Chapter notwithstanding, an operator or a person applying for an operator's permit may file with the Chief of Police a request for a variance to be relieved of the requirements set forth in Section 6.104.090(h) of this Chapter. The decision of the Chief of Police to grant or to deny a request for a variance shall be final. The Chief of Police may grant such requests only if he or she is satisfied that all of the following conditions are met:
(a)
Although within the statutory definition of a massage establishment,
the operator's premises are devoted primarily to the conduct of a
business other than that of massage.
(b)
The operator would suffer unusual hardship if forced to comply with the requirements set forth in Section 6.104.090(h) of this Chapter.
(c)
The bathing and toilet facilities provided by the operator in lieu of those required by Section 6.104.090(h) comply with the applicable requirements of State and local law and are adequate to protect the public health, safety, and welfare.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 18, adopted by 7/14/09)
A massage school duly accredited by the State of California
may obtain an operator's permit under this Chapter and may employ
massage technicians to provide massage so long as the principal business
activity is providing education and instruction.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 19, adopted by 7/14/09)
A massage establishment in compliance with the provisions of
this Chapter, or any certified massage establishment, shall be considered
a permitted use in any zoning district in the City, where general
retail use is permitted.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 20, adopted by 7/14/09)
(a)
Violations of this Chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.08.010.
(b)
Notwithstanding the foregoing, any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter may be, and the same is hereby declared to be, unlawful as defined in Section 1.08.010 of this Code and a public nuisance as defined in Penal Code Section 11225 and in Penal Code Section 373(a). The City may, in addition to or in lieu of prosecuting a criminal action hereunder pursue any available civil remedy, including, but not limited to an action or proceeding, for the abatement, removal and enjoinment of the operation of the massage establishment and for reimbursement of the costs of such abatement, removal and enjoinment.
(Added by Ord. No. 2265CCS §
1, adopted 5/27/08; amended by Ord. No. 2290CCS § 21, adopted by 7/14/09)
