This chapter may be cited as the City massage business and massage
technicians regulatory ordinance.
(Ord. 78-90 §1)
It is the purpose and intent of this chapter to provide for
the orderly regulation of the business of massage and massage technicians
in the City by establishing certain minimum standards for the conduct
of this type of business to protect the public health and welfare
of the residents of the City.
(Ord. 78-90 §2)
Whenever used in this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means the business license to operate a massage establishment
or offpremises massage business required by this chapter.
means any method of pressure on, or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
the external parts of the human body with the hands or 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
the practice of massage.
means any establishment having a fixed place of business
where any individual, firm, association, partnership, or corporation,
engages in, conducts, carries on or permits to be engaged in, conducted
or carried on, for any form of consideration whatsoever, "massages"
as defined in subsection B of this section.
means any person who gives or administers to another person,
for any form of consideration whatsoever, a "massage"
as defined in subsection B of this section.
means the activity of providing massage services for any
form of consideration whatsoever, at a location other than premises
licensed as a massage establishment.
means the permit to engage in the activities of a massage
technician required by this chapter.
(Ord. 78-90 §3)
It is unlawful for any person, association, partnership or corporation
to engage in, conduct, carry on, or to permit to be engaged in, conducted,
or carried on, in or upon any premises within the City the operation
of a "massage establishment" as defined in this chapter,
without a license issued pursuant to the provisions of this chapter
for each and every such massage establishment. The license required
hereby shall be in addition to any business license tax required by
this code.
(Ord. 78-90 §4)
A.
Any
person, association, partnership, or corporation desiring to obtain
a license to operate a massage establishment shall make an application
to the Chief of Police or his/her designated representative. An annual
nonrefundable fee of $225 shall accompany the submission of each application
to defray, in part, the cost of investigation, inspection and enforcement
of this chapter; provided, however, that such fee shall not be charged
to existing massage establishments presently operating in the City.
The annual nonrefundable renewal fee shall be $100.
B.
Each
applicant for license to operate a massage establishment shall furnish
the following information to the Chief of Police:
1.
The
full true name and any other names used by the applicant;
2.
The
present address and telephone number of the applicant;
3.
The
proposed name and address of the massage establishment;
4.
Each
residence and business address of applicant for the three years immediately
preceding the date of the application, and the inclusive dates of
applicant's use of each such address;
5.
Written
proof that the applicant is at least 18 years of age;
6.
Applicant's
height, weight, color of eyes and hair;
7.
Two
photographs of applicant at least two inches by two inches taken within
the six months immediately preceding the date of application. One
photograph shall be retained by the Chief of Police and one photograph
shall be affixed to the license;
8.
Applicant's
business, occupation and employment history for the three years immediately
preceding the date of application;
9.
The
business license or permit history of the applicant: whether such
applicant has ever had any license or permit issued by any agency,
board, city, county or state revoked or suspended, or has had any
professional or vocational license or permit revoked or suspended,
and the reason therefor;
10.
All criminal convictions, except traffic violations, and a statement
of the dates and places of such convictions;
11.
If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its Articles of Incorporation or
Charter, together with the state and date of incorporation and names
and residence addresses of each of its current officers and directors,
and of each of its current officers and directors, and of each stockholder
holding more than 5% of the stock of the corporation. If the applicant
is a partnership, the application shall set forth the name and residence
addresses of each of the partners, including limited partners. If
the applicant is a limited partnership, the application shall set
forth the name and residence addresses of each of the partners, including
limited partners. If the applicant is a limited partnership, it shall
furnish a copy of its certificate of limited partnership as filed
with the County Clerk. If one or more of the partners is a corporation,
the provisions of this section pertaining to corporate applicants
shall apply. The applicant corporation or partnership shall designate
one of its officers or general partners to act as its responsible
managing officer. Such person shall complete and sign all application
forms required of an individual applicant under this division, but
only one application fee shall be charged;
12.
The name and address of the owner and lessor of the real property
upon or in which the business is to be conducted, and a copy of the
lease or rental agreement;
13.
Such other identification and information as may be required in order
to discover the truth of the matters herein required to be set forth
in the application;
14.
The Chief of Police may require the applicant to furnish fingerprints
when needed for the purpose of establishing identification.
C.
The
Chief of Police shall have a reasonable time, not to exceed 30 days,
in which to investigate the application and background of the applicant.
D.
A license
shall be issued within 30 days of receipt of the application to any
applicant who has furnished all of the information required by this
section in the application for such license, provided:
1.
The
applicant has not knowingly made a material false statement in the
application for the license;
2.
The
applicant, if an individual, or in the case of an applicant which
is a corporation or partnership, any of its officers, directors, holders
of 5% or more of the corporation's stock, or partners, has not
within five years immediately preceding the date of the filing of
the application been convicted in a court of competent jurisdiction
of any of the following offenses: Section 266i, 315, 316, 318 or subdivision
(b) of Section 647 of the California Penal Code; an offense which
requires registration as a sex offender with the Chief of Police under
Penal Code Section 290; any felony offense involving the sale of a
controlled substance specified in Sections 11054, 11055, 11056, 11057
or 11058 of the California Health and Safety Code; or any offense
in another state which, if committed in this State would have been
punishable as one or more of the heretofore mentioned offenses;
3.
The
massage establishment as proposed by the applicant would comply with
all applicable laws, including, but not limited to, health, zoning,
fire and safety requirements and standards;
4.
The
applicant is at least 18 years of age; and
(Ord. 78-90 §5; Ord. 87-5 Art. 2 §1.0)
It is unlawful for any person, association, partnership or corporation
to engage in, conduct, carry on or to permit to be engaged in, conduct,
or carried on, any off-premises massage business within the City without
a license issued pursuant to the provisions of this chapter for each
and every such massage business. The license required hereby shall
be in addition to any business license tax required by this code.
(Ord. 78-90 §6)
A.
Any
person, association, partnership, or corporation desiring to obtain
a license to conduct an off-premises massage business shall make an
application to the Chief of Police or his/her designated representative.
An annual nonrefundable fee of $225 shall accompany the submission
of each application to defray, in part, the cost of investigation,
inspection and enforcement of this chapter. The annual nonrefundable
renewal fee shall be $100.
B.
Each applicant for a license to conduct an off-premises massage business shall furnish to the Chief of Police all the information required by Section 5.16.050(B).
C.
The
Chief of Police shall have a reasonable time, not to exceed 30 days,
in which to investigate the application and background of the applicant.
D.
A license
shall be issued within 30 days of receipt of the application to any
applicant who has furnished all the information required by this section
in the application for such license, provided:
1.
The
applicant has not knowingly made a material false statement in the
application for the license;
2.
The
applicant, if an individual, or in the case of an applicant which
is a corporation or partnership, and of its officers, directors, holders
of 5% or more of the corporation's stock, or partners, has not
within five years immediately preceding the date of filing of the
application been convicted in a court of competent jurisdiction of
any of the following offenses: Section 266i, 315, 316, 318 or subdivision
(b) of Section 647 of the California Penal Code; an offense which
requires registration as a sex offender with the Chief of Police under
Penal Code Section 290; any felony offense involving the sale of a
controlled substance specified in Sections 11054, 11055, 11056, 11057
or 11058 of the California Health and Safety Code; or any offense
in another state which, if committed in this State would have been
punishable as one or more of the heretofore mentioned offenses;
3.
The
applicant is at least 18 years of age.
E.
Off-premises
massage operations shall be carried on only between the hours of 7:00
a.m. and 12:00 midnight.
F.
Each off-premises massage business shall have at least one massage technician in its employ who is certificated pursuant to the provisions of Section 5.16.090(B)(12), notwithstanding any provisions to the contrary contained in Section 5.16.090(D)(5).
(Ord. 78-90 §7)
It is unlawful for any person to engage in the business of acting
or act as a massage technician without a permit issued pursuant to
the provisions of this chapter.
(Ord. 78-90 §8)
A.
Any
person desiring to obtain a permit to act as a massage technician
shall make application to the Chief of Police, or his/her designated
representative. An annual nonrefundable fee of $20 shall accompany
the submission of each application to defray, in part, the cost of
investigation and examination as required by this chapter. The annual
nonrefundable renewal fee shall be $15.
B.
Each
applicant for a permit to act as a massage technician shall furnish
the following information to the Chief of Police:
1.
The
full true name and any other names used by the applicant;
2.
The
present address and telephone number of the applicant;
3.
Each
residence and business address of applicant for the three years immediately
preceding the date of the applicant, and the inclusive dates of the
applicant's use of each such address;
4.
Written
proof that the applicant is at least 18 years of age;
5.
Applicant's
height, weight, color of eyes and hair;
6.
Two
photographs of applicant at least two inches by two inches taken within
six months immediately preceding the date of application. One photograph
shall be retained by the Chief of Police and one photograph shall
be affixed to the permit;
7.
Applicant's
business, occupation and employment history for the three years immediately
preceding the date of application;
8.
The
business license or permit history of the applicant: whether such
applicant has ever had any license or permit issued by any agency,
board, city, county, or state revoked or suspended, or has had any
professional or vocational license or permit revoked or suspended
and the reason therefor;
9.
All
criminal convictions, except traffic violations, and a statement of
the dates and places of such convictions;
10.
The massage establishment, if any, at which the applicant expects
to be employed;
11.
A certificate from a medical doctor, licensed to practice in the
State of California, stating that the applicant has within 30 days
immediately preceding the date of application been examined and had
no communicable disease on the date of the examination;
12.
Proof of graduation from a school or institution of learning which
has for its purpose the teaching of the theory, method, profession
or work of massage, which school requires a residence course of study
of not less than 100 hours to be given in not more than three calendar
months before the student shall be furnished with a diploma or certificate
of graduation from such school or institution of learning, following
the successful completion of such course of study or learning, and
which school has been approved by the State Superintendent of Public
Instruction pursuant to the California Education Code, Section 29025;
13.
Such other identification and information as may be required in order
to discover the truth of the matters herein specified as required
to be set forth in the applications;
14.
The Chief of Police may require the applicant to furnish fingerprints
when needed for the purpose of establishing identification.
C.
The
Chief of Police shall have a reasonable time, not to exceed 30 days,
in which to investigate the application and background of the applicant.
D.
A permit
shall be issued within 30 days of receipt of the application to any
applicant who has furnished all of the information required by this
section in the application for such permit, provided:
1.
The
applicant has not knowingly made a material false statement in the
application for the permit;
2.
The
applicant has not within five years immediately preceding the date
of the filing of the application been convicted in a court of competent
jurisdiction of any of the following offenses: Section 266i, 315,
316, 318 or subdivision (b) of Section 647 of the California Penal
Code; an offense which requires registration as a sex offender with
the Chief of Police under Penal Code Section 290; any felony offense
involving the sale of a controlled substance specified in Sections
11054, 11055, 11056, 11057 or 11058 of the California Health and Safety
Code; or any offense in another state which, if committed in this
State would have been punishable as one or more of the heretofore
mentioned offenses;
3.
The
applicant is at least 18 years of age;
4.
The
applicant has furnished an acceptable medical certificate in compliance
with this section; and
5.
The
applicant has furnished proof of graduation from a school of massage
as provided in this section. This requirement shall not apply to any
person who had been acting or employed as a massage technician in
the City on a full-time basis for one year or on a part-time basis
for three years, or anywhere else on a full-time basis for three years,
immediately preceding the date of adoption of the ordinance codified
in this chapter, provided satisfactory proof of such employment can
be established.
E.
A permit to act as a massage technician does not authorize the operation of a massage establishment. Any person obtaining a permit to act as a massage technician who desires to operate a massage establishment must separately apply for a license therefor. A person who applies for a license to operate a massage establishment and who desires to act as a massage technician within said establishment and who pays the fee required by Section 5.16.050 shall not be required to pay the fee required by this section.
(Ord. 78-90 §9; Ord. 87-5 Art. 2 §2.0)
This chapter shall not apply to the following classes of individuals
while engaged in the performance of the duties of their respective
professions:
A.
Physicians,
surgeons, chiropractors, osteopaths or physical therapists who are
duly licensed to practice their respective professions in the State;
B.
Nurses
who are registered as such under the laws of the State;
C.
Barbershops
and beauty parlors, barbers and beauticians who are duly licensed
under the laws of the State; provided, that such massage is limited
to the face and scalp;
D.
Trainers
of any amateur, semiprofessional or professional athlete or athletic
team;
E.
Accredited
high schools and colleges, and coaches and trainers therein while
acting within the scope of their employment;
F.
Hospitals,
nursing homes, sanatoriums, or other health care facilities duly licensed
by the State.
(Ord. 78-90 §10)
No person, association, partnership or corporation shall engage
in, conduct or carry on, or permit to be engaged in, conducted or
carried on the operation of a massage establishment unless each and
all of the following requirements are met:
A.
Each
person employed or acting as a massage technician shall have a valid
permit issued pursuant to the provisions of this chapter, and it is
unlawful for any owner, operator, responsible managing employee, manager
or permittee in charge of or in control of a massage establishment
to employ or permit any person to act as a massage technician who
is not in possession of a valid, unrevoked massage technician permit.
B.
The
possession of a valid massage establishment business license does
not authorize the possessor to perform work for which a massage technician
permit is required.
C.
Each massage establishment shall have at least one massage technician in its employ who is certificated pursuant to the provisions of Section 5.16.090(B)(12), notwithstanding any provisions to the contrary contained in Section 5.16.090(D)(5).
D.
Massage
operations shall be carried on, and the premises shall be open, only
between the hours of 7:00 a.m. and 12:00 midnight.
E.
A list
of services available and the cost of such services shall be posted
in an open and conspicuous public place on the premises. The services
shall be described in readily understandable language. No owner, operator,
responsible managing employee, manager, or permittee in charge of,
or in control of, the massage establishment, shall permit, and no
massage technician shall offer to perform, any services other than
those posted.
F.
The
massage establishment business license, and a copy of the permit of
each and every massage technician employed or working in the establishment
shall be displayed in an open and conspicuous public place on the
premises.
G.
A minimum
of one tub or shower and one toilet and washbasin shall be provided
for the patrons in every massage establishment. Hot and cold running
water under pressure shall be provided to all washbasins, bathtubs,
showers and similar equipment. Each washbasin 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.
H.
Clean
and sanitary towels, sheets and linens shall be provided for each
patron receiving massage services. No common use of towels or linens
shall be permitted and reuse is prohibited unless they have been first
relaundered. Heavy white paper may be substituted for sheets provided
that such paper is used once for each person, then discarded into
a sanitary receptacle.
I.
Disinfecting
agents and sterilizing equipment sufficient to assure the cleanliness
and safe condition thereof shall be provided for any instruments used
in performing any massage. Instruments shall be disinfected after
use on each patron.
J.
Pads
used on massage tables shall be covered in a workmanlike manner with
durable, washable plastic or other waterproof material.
K.
It is
unlawful for any massage service to be carried on within any cubicle,
room, booth, or any area within a massage establishment unless such
cubicle, room, booth or area shall have an unobstructed opening, as
approved by the Chief of Police, capable of clear viewing into any
such cubicle, room, booth or area. Such opening may consist of a door
view device. All such openings shall show the work area of the cubicle,
room, booth or area. The opening shall be not less than four and one-half
(4-1/2) feet from the floor of the establishment nor more than five
and one-half (5-1/2) feet from the floor. Toilets and cubicles used
solely for the application of liquid and vapor baths shall have no
such opening in the covering door or curtain, but shall be clearly
marked as to purpose on the exterior door or curtain of said cubicle,
room or booth.
L.
All
employees shall wear nontransparent outer garments, covering the sexual
and genital area.
M.
No massage
establishment granted a license under the provisions of this chapter
shall place, publish or distribute or cause to be placed, published
or distributed any advertisement, picture or statement which is known
or through the exercise of reasonable care should be known to be false,
deceptive or misleading in order to induce any person to purchase
or utilize any professional massage services.
N.
It is
unlawful for any person, in a massage parlor, to place his or her
hand or hands upon, to touch with any part of his or her body, to
fondle in any manner, or to massage, a sexual or genital part of any
other person. Sexual or genital parts shall include the genitals,
pubic area, anus, or perineum of any person, or the vulva or breasts
of a female.
O.
It is
unlawful for any licensee or permittee, while in the presence of any
other person in a massage parlor, to fail to conceal with a fully
opaque covering, the sexual or genital parts of his or her body.
P.
No person
shall sell, give, dispense, provide or keep, or cause to be sold,
given, dispensed, provided or kept, any alcoholic beverage on the
premises of any massage establishment.
Q.
No persons
shall enter, be or remain, in any part of a massage establishment
while in the possession of, consuming, or using any alcoholic beverage
or drugs except pursuant to a prescription for such drugs. The owner,
operator, or manager shall not permit any such person to enter or
remain upon such premises.
R.
It is unlawful and a misdemeanor for any person owning, operating or managing a massage parlor, knowingly to cause, allow or permit in or about such massage parlor, any agent, employee, or any other person under his or her control or supervision to perform any acts prohibited in subsections A, M and N of this section.
S.
It is unlawful and an infraction for any person owning, operating or managing a massage parlor, knowingly to cause, allow or permit in or about such massage parlor, any agent, employee, or any other person under his or her control or supervision to perform any acts prohibited in this section other than those specified in subsection R of this section.
(Ord. 78-90 §12)
All persons operating or employed as massage technicians at
the time the ordinance codified in this chapter becomes effective,
shall obtain a massage technician permit within 90 days of the effective
date of the ordinance codified in this chapter.
(Ord. 78-90 §11)
Any person, association, partnership or corporation engaging
in, conducting, or carrying on the operation of a "massage establishment"
or "off-premises massage business" on the effective date
of the ordinance codified in this chapter, shall, except as otherwise
provided in this chapter, comply with all of the provisions of this
chapter within 90 days of the effective date of the ordinance codified
in this chapter.
(Ord. 78-90 §13)
No person licensed to do business as provided in this chapter
shall operate under any name or conduct his or her business under
any designation not specified in his or her license.
(Ord. 78-90 §14)
A change of location of a licensed massage establishment shall
be approved by the Chief of Police provided all applicable provisions
of this chapter are complied with and a nonrefundable change of location
fee of $15 had been paid to the Chief of Police, and the health department
and the department of building inspection have inspected the new location
and have advised the Chief of Police that it complies with the requirements
of this chapter.
(Ord. 78-90 §15)
Upon the sale or transfer of any interest in a massage establishment or off-premises massage business including, in the case of a corporate owner, the sale or transfer of stock to a person who would hold more than 5% of the stock of the corporation, any license heretofore issued for such establishment or business shall be null and void. A new application shall be made in accordance with and subject to all the provisions of Sections 5.16.050 and 5.16.070 by any person, firm, or entity desiring to own or operate the massage establishment or off-premises massage business. The application shall be accompanied by payment of the respective annual nonrefundable fees specified in Sections 5.16.050 and 5.16.070, in addition to the payment of a sale or transfer fee of $20.
Any such sale or transfer of any interest in any 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 subsections A through K of Section 5.16.110.
(Ord. 78-90 §16)
The police department and health department shall make reasonable
and periodic inspections of the foyer, hallways, restrooms and other
areas used or intended for use in common by customers, rooms in which
massages are given (whether occupied or unoccupied), and unoccupied
rooms of each and every massage establishment in the City during hours
of the business operation for the purpose of determining that there
is compliance with the provisions of this chapter and the laws of
the State.
(Ord. 78-90 §17)
In the event that any person holding a license or permit issued pursuant to this chapter shall violate or cause or permit to be violated any of the provisions of this chapter, or any provisions of any other ordinance or law relating to or regulating said business or occupation, or shall conduct or carry on such business or occupation in an unlawful manner, or is convicted of any of those crimes contained in Section 5.16.050(D)(2), the Chief of Police may, in addition to other penalties provided by ordinance, suspend or revoke the license or permit after the licensee or permittee has been given the opportunity for a hearing as described in Section 5.16.190.
(Ord. 78-90 §18)
Any person who has been denied a license or permit, or any person whose license or permit issued pursuant to this chapter has been suspended or revoked, may request a hearing conducted by the City Attorney. The request for a hearing must be in writing and must be made within 10 calendar days from the date of the decision denying, suspending or revoking the license or permit. Upon receiving a written request for a hearing, the City Attorney or his/her delegate shall call a hearing within 14 days thereafter and shall set forth in writing and send to the applicant, licensee, or permittee by means of registered mail, certified mail or hand delivery, notice of the date, time and place of the hearing at least five days before the hearing date. The hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension or revocation of a license or permit. The hearing shall be conducted by a hearing officer, appointed by the City Attorney. The applicant, licensee or permittee may have the assistance of counsel or may appear by counsel and have the right to present evidence. In the event that the applicant, licensee or permittee fails to appear at the hearing, the evidence or the existence of facts which constitute grounds for denial, suspension or revocation of the license or permit shall be considered unrebutted. A copy of the decision of the hearing officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. The hearing officer shall inform the party against whom the decision is rendered of his or her right of appeal pursuant to Section 5.16.210.
(Ord. 78-90 §19)
The effect of a decision by the hearing officer shall be stayed
while an appeal to the City Council is pending or until the time for
filing such appeal has expired. If an appeal is not timely filed,
the decision of the hearing officer shall be final.
(Ord. 78-90 §20)
Within 10 days after receipt of the decision of the hearing
officer, any party affected by the decision may file with the City
Clerk a written request for a public hearing before the City Council.
Upon the filing of such a request, the City Clerk shall within 14
days thereafter set the matter for a hearing and shall notify the
applicant of the date, time and place of such hearing at least five
days before the hearing date. At the hearing, any person may present
evidence in opposition to, or in support of, appellant's case.
At the conclusion of the hearing, the City Council shall either grant
or deny the appeal. The decision of the City Council shall be final.
(Ord. 78-90 §21)
