Unless the particular provision or the context otherwise requires,
the definitions and provisions contained in this Chapter governs the
construction, meaning, and application of words phrases used in this
Chapter. Words and phrases undefined in this Code have the same meaning
as set forth in the Act.
"City Manager"
means the City Manager, or designee. Unless otherwise designated
by the City Manager in writing, the Public Safety Director is the
designee.
"Employee"
means any person, other than a massage technician or manager,
who performs services at the massage establishment and receives compensation
from the operator of the massage establishment for such services,
including an independent contractor, while on the premises of the
massage establishment.
"Manager"
means the person(s) designated by the operator of the massage
establishment to act as the representative and agent of the operator
in managing day-to-day operations with the same liabilities and responsibilities.
Evidence of management includes, without limitation, evidence that
the individual has power to direct or hire and dismiss employees,
control hours of operation, create policy or rules or purchase supplies.
"Massage establishment"
means a fixed location where massage is performed for compensation,
excluding those locations where massage is only provided on an out-call
basis. Massage establishment does not include a health club whose
primary business is a gym-spa in which over 50% of space and equipment
is for athletic training and over 50% of gross revenues are derived
from training not including massage services.
"Massage technician"
includes both a "massage practitioner" and a "massage therapist"
as defined by the Act.
"Operator"
means all persons who have an ownership interest in the massage
establishment.
"Outcall" or "outcall services"
means any business where the primary function of such business
is to engage in or carry on massage not at a fixed location but at
a location designated by the customer or client. "Outcall" or "outcall
services" do not include seated massage.
"Owner"
means the person(s) whose name appears on the City business
license.
"Person"
means any individual, corporation, partnership, association
or other group or combination of individuals acting as an entity.
"Recognized school of massage"
means any school or institution of learning which teaches,
through State-certified instructors, the theory, ethics, practice,
profession, or work of massage, which school or institution complies
with the California
Education Code Section 94310 or 94311, and which
requires a resident course of study before the student can be furnished
with a diploma or certificate of graduation. Schools offering a correspondence
course not requiring actual attendance are not a recognized school.
The City may confirm that the applicant has actually attended class
in a State-recognized school.
"Seated massage"
means any massage of the neck, arms, shoulders and back area
above the waist where the client is fully clothed, sitting in a special
chair approved by a recognized massage therapy association, designed
for upper body massage and done without the use of supplementary aids,
such as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotions, ointments, or other similar preparations commonly used in
this practice.
"Sheriff"
means the designated representative of the Sheriff's Department
of Los Angeles County, as determined by the City Manager.
(Prior code § 3-11.1; Ord. 1344 § 5, 10/23/17)
A. It is
unlawful for any massage technician to massage the genital area of
any customer or the breasts of any female customer. It is unlawful
for any massage establishment manager to allow or permit such massage.
B. A massage
technician must be fully clothed in nontransparent clothing that covers
his or her body from the bottom of the neck to the top of the knee
cap at all times while on the massage establishment premises.
C. It is
unlawful to violate any provision of this Chapter.
(Prior code § 3-11.2; Ord. 1344 § 5, 10/23/17)
It is unlawful for any person to engage in, conduct or 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,
without first having obtained a permit issued by the City pursuant
to this Chapter. A permit under this Chapter is valid for 12 months
after being issued unless revoked or suspended, and may be renewed
annually upon application. The permit required is in addition to any
business license required by applicable law. The City Council may,
by separate resolution, establish a fee to recover the City's actual
costs associated with this permit and any necessary compliance inspections.
No permit will be issued unless and until the applicant has
first received all required building and planning approvals for the
location of the proposed massage establishment, including any required
Conditional Use Permit.
(Prior code § 3-11.3; Ord. 1344 § 5, 10/23/17)
The provisions of this Chapter do 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. Registered
nurses who are duly licensed under the laws of the State while engaging
in practices within the scope of their licenses.
C. Barbers,
beauticians, and estheticians who are duly licensed under the laws
of the State while engaging in practices within the scope of their
licenses, except that this provision applies solely to the massaging
of the neck, face, and/or scalp of a fully-clothed customer or client.
D. Hospitals,
nursing homes, or sanatoriums duly licensed by the State.
E. Coaches
and trainers in accredited high schools, junior colleges, and colleges
or universities acting within the scope of their employment.
F. Trainers
of amateur, semi-professional or professional athletes or athletic
teams acting within the scope of their employment.
G. Manicurists
and pedicurists acting within the scope of their employment, except
that this provision applies solely to the massaging of the hands or
feet of a fully-clothed customer or client.
H. A certified
massage therapist who is not operating a massage establishment in
the City need not obtain a massage establishment permit, but is subject
to all other applicable regulations in this Code.
(Prior code § 3-11.4; Ord. 1182 § 1, 6/8/09; Ord. 1344 § 5, 10/23/17)
A. Every
operator of a massage establishment must submit an application for
a Massage Establishment Permit to the City Manager. Before submitting
such application, a nonrefundable fee as set by resolution of the
City Council must be paid to the City to defray the actual cost of
the investigation and report required by this Chapter. A copy of a
receipt must accompany the application.
B. The
application and fee required under this Chapter is in addition to
any license or permit fee required under any other Chapter of this
title or title of this Code.
C. The
application for permit does not authorize operating a massage establishment
until such permit has been granted.
D. Each
applicant for a Massage Establishment Permit must provide the following
information under penalty of perjury:
1. The
full true name under which the massage establishment will be conducted;
2. The
present or proposed address where the massage establishment is to
be conducted;
3. The
applicant's full, true name, any other names used within the past
five years, date of birth, California drivers license number or California
identification number, social security number, present residence address
and telephone number, and the sex, height, weight, color of hair,
and color of eyes of the applicant;
4. The
address of the previous two residences of the applicant, and the inclusive
dates at each address;
5. The
applicant's business, occupation, and employment history for five
years preceding the date of application, and the inclusive dates of
same;
6. At
least three written statements, including dates of relationships,
signed by persons who have knowledge of the applicant's background,
qualifications and suitability as a massage establishment operator.
Those persons must have known the applicant for at least three years
preceding the date of application and must not be related to the applicant
by blood or marriage;
7. The
permit history of the applicant, including whether such person has
ever had any permit or license issued by any agency, board, city,
county, territory, or state; the date of issuance for such permit
or license, whether the permit or license was revoked or suspended,
and the reason therefor;
8. All
convictions for any crime involving conduct which requires registration
under any State law similar to and including
Penal Code Section 290,
or of conduct which is a violation of the provisions of any State
law similar to and including
Penal Code Sections 314, 315, 316, 318,
647, 653.22 or any crime involving dishonesty, fraud, deceit, or moral
turpitude, or when the prosecution accepted a plea of guilty or nolo
contendere to a charge of violation of
Penal Code Section 415 or any
lesser included or lesser related offense, in satisfaction of, or
as a substitute for, any of the previously listed crimes, or sale
or possession for sale of any controlled substance;
9. A
complete description of all services to be provided at the massage
establishment;
10. The name and address of any massage establishment or other like establishment
owned or operated by any person whose name is required to be given
pursuant to this Chapter wherein massage is carried on;
11. Acceptable written proof that the applicant is at least 18 years
of age;
12. If the applicant is a corporation, the name of the corporation must
be set forth exactly as shown in its articles of incorporation or
charter together with the state and date of incorporation and the
names and residence addresses and telephone numbers of each of its
current officers and directors, and of each stockholder holding more
than five percent of the stock of that corporation;
13. If the applicant is a partnership, the application must set forth
the name, residence address and telephone numbers of each of the partners,
including each of the limited partners. If the applicant is a limited
partnership, it must furnish a copy of its certificate of limited
partnership. If one or more of the partners is a corporation, the
provisions of this section pertaining to corporate applicants applies;
14. The name of the person designated by the applicant to act as manager
of the massage establishment. The manager is required, at all times,
to meet all of the applicable requirements of this section;
15. The applicant is required to furnish fingerprints for the purpose
of establishing identification. Any required fingerprinting fee will
be the responsibility of the applicant;
16. A description of any other business to be operated on the same premises,
or on adjoining premises, owned or controlled by the applicant;
17. The name and address of the owner and lessor of the real property
upon or in which the massage establishment is to be conducted. In
the event the applicant is not the legal owner of the property, the
application must be accompanied by a copy of the lease and a notarized
acknowledgment from the owner of the property that a massage establishment
will be located on his or her property; and
18. A certificate of compliance in a form prescribed and reviewed by
the City Manager must be submitted before application approval. Any
required inspection fees is the responsibility of the applicant.
E. As a
part of the application process and before issuance of a permit, an
applicant must also:
1. Provide
two front-faced portrait photographs taken by and in a manner prescribed
by the Sheriff;
2. Grant
authorization for the City, its agents and employees, to seek information
and conduct an investigation into the truth of the statements set
forth in the application; and
3. Within
seven business days of the change, submit any change of information
or fact required by this section, which may occur during the procedure
of applying for a massage establishment permit.
F. Upon
receiving a written application for a permit, the Sheriff will conduct
an investigation in such a manner as it deems appropriate, in order
to ascertain whether such permit should be issued as requested. Upon
the completion of the investigation, the Sheriff will recommend that
the permit be granted if it finds:
1. The
required fee has been paid;
2. The
application conforms in all respects to the provisions of this Chapter;
3. The
applicant has not made a material misrepresentation or omission in
the application;
4. The
applicant, if an individual, or any of the stockholders officers or
directors, if the applicant is a corporation, or any partner if the
applicant is a partnership, has not been convicted in a court of competent
jurisdiction of an offense involving conduct which requires registration
under
Penal Code Section 290, or of conduct which is a violation of
the provisions of
Penal Code Sections 314, 315, 316, 318, 647, 653.22
or any other crime involving dishonesty, fraud, deceit, or moral turpitude,
or when the prosecution accepted a plea of guilty or nolo contendere
to a charge of a violation of
Penal Code Section 415 or any lesser
included or lesser related offense, in satisfaction of, or as a substitute
for, any of the previously listed crimes, or sale or possession for
sale of any controlled substance;
5. The
applicant has not had a massage establishment, massage technician,
or other similar permit or license denied, revoked, or suspended by
the City, or any other State or local agency before the date of approval;
6. The
applicant is at least 18 years old;
7. The
massage establishment as proposed by the applicant would comply with
all applicable laws.
G. The
Sheriff will render a recommendation to the City Manager to approve,
conditionally approve, or deny the application within 90 days after
filing a completed application, including all requested and necessary
information.
(Prior code § 3-11.5; Ord. 1344 § 5, 10/23/17)
A. After
receiving a completed application for a permit, the Sheriff will conduct
an investigation to ascertain whether such permit should be issued
as requested. The Sheriff will provide a recommendation to the City
Manager to approve, conditionally approve, or deny the application
within 90 days after filing a completed application, including all
requested and necessary information. The 90-day period may be extended
for up to 30 additional days, if necessary, to complete the investigation.
The City Manager will issue a permit, unless the City Manager makes
any of the following findings:
1. The
applicant, if an individual, or any of the shareholders, officers
or directors of the corporation, if the applicant is a corporation,
or any partner, if the applicant is a partnership, or any person directly
engaged or employed in the massage establishment, has preceding the
date of the application:
a. Been convicted of a violation of the
Penal Code Sections 266h, 266i, 314, 315, 316, 318, Subsection
(a) or
(b) of
Penal Code Section 647, 653.22 or any other provision of law pursuant to which a person is required to register under the provisions of
Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of
Penal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
b. Been convicted of a violation of
Health and Safety Code Section 11550
or any offense involving the illegal sale, distribution or possession
of a controlled substance specified in
Health and Safety Code Sections
11054, 11055, 11056, 11057 and 11058;
c. Been convicted of any offense in any other State, which is the equivalent
of any of the above mentioned offenses;
d. Been engaged in conduct in another jurisdiction, which, if it had
occurred within the City, would constitute grounds for denial, suspension
or revocation under this Chapter;
e. Been subjected to a permanent injunction against the conducting or
maintaining of a nuisance pursuant to
Penal Code Sections 11225 through
11235 or any similar provisions of law in a jurisdiction outside the
State of California;
f. Been convicted of an act involving dishonesty, fraud, deceit or moral
turpitude or an act of violence, which act or acts are related to
the qualifications, functions or duties of the operator;
g. Had a massage operator or massage technician permit or other similar
license or permit denied, suspended or revoked for cause by a licensing
authority or by any city, county or state.
2. The
applicant has made a false, misleading or fraudulent statement or
omission of fact in the permit application process.
3. The application does not contain all the information required by Section
5.76.040.
4. The
massage establishment as proposed by the applicant does not comply
with all applicable laws.
5. The
applicant has not satisfied the requirements of this Chapter in the
time specified.
B. If the
application is denied, the applicant may not reapply for a period
of six months from the date the application was denied. The City will
notify the applicant by mailing a dated written notice of the denial
to the applicant's residence address. The applicant has the right
of appeal to the City Council as set forth in this Code.
(Prior code § 3-11.6; Ord. 1344 § 5, 10/23/17)
No person can engage in, conduct, carry on, or permit to be
engaged in, conducted, or carried on, any massage establishment, unless
each and all of the following requirements are met:
A. Each
person employed or acting as a massage technician must be a certified
massage therapist. It is unlawful for any operator or manager to employ
or permit a person to act as a massage technician who is not in possession
of a current, valid massage technician permit issued pursuant to this
Chapter and who is not wearing a permit identification card clearly
visible during working hours.
B. The
possession of a valid massage establishment permit does not authorize
the possessor to perform work for which a State-issued massage therapist
certification is required.
C. Massage
operations may be carried on or conducted, and the premises may be
open, only between the hours of 8:00 a.m. and 10:00 p.m. of any day.
A person designated as the manager must be on the massage establishment
premises at all times of operation and must be registered with the
Sheriff by the operator to receive all complaints and be responsible
for all violations taking place on the premises. The appointment of
a manager must be in writing with the manager in charge of the premises
acknowledging this appointment. Each managers must be registered with
the Sheriff before being employed as a manager. A manager who performs
any massage service must be a certified massage therapist. A manager
who does not perform any massage service at any time need not be a
certified massage therapist, provided the operator and the proposed
manager provide the City with a signed document indicating the same.
A manager may also be an owner.
D. A list
of services available and the cost of such services must be posted,
in English and such other languages as may be convenient to communicate
such services, in an open public place within plain view of the entry
of the premises, and must be described in readily understandable terms.
No operator or manager can permit, and no massage technician can offer
or perform, any service other than those posted pursuant to this section.
E. The
Massage Establishment Permit and a copy of the State-issued certification
for each and every massage technician employed in the massage establishment
must be displayed in an open and conspicuous place within plain view
of the entry of the massage establishment premises.
G. Massage
establishments must at all times be equipped with an adequate supply
of clean towels, coverings and linens. Clean towels, coverings and
linens must be stored in cabinets. Towels and linens cannot be used
on more than one patron, unless they have first been laundered and
disinfected. Disposable towels and coverings cannot be used on more
than one patron. Soiled linens and paper towels must be deposited
in separate, marked receptacles.
H. All
shower (if provided), toilet and washing facilities must be thoroughly
cleaned and disinfected with a disinfectant approved by the Los Angeles
County Department of Health as needed, and at least once each day
the premises are open.
I. If wet
and dry heat rooms, steam and vapor rooms or cabinets, tanning booths,
whirlpool baths and pools are offered, they must be thoroughly cleaned
and disinfected with a disinfectant approved by the Los Angeles County
Department of Health as needed, and at least once each day the premises
are open. Bathtubs must be thoroughly cleaned after each use with
a disinfectant approved by the Los Angeles County Department of Health.
All walls, ceilings, floors, and other physical facilities for the
establishment must be in good repair and maintained in a clean and
sanitary condition.
J. Instruments
for performing massage cannot be used on more than one patron unless
they have been sterilized, using approved sterilizing methods.
K. All
managers, employees, and massage technicians must be clean, and wear
clean, nontransparent outer garments that continuously cover the area
from the bottom of the neck to the top of the kneecap. All managers,
employees, and massage technicians must remain clothed while on the
massage establishment premises, and cannot expose their genitals,
pubic area, buttocks, or breasts. Massage technicians must maintain
the permit identification card clearly visible on their person during
business hours.
L. No person
may enter, be or remain in any part of a massage establishment while
in possession of, consuming, or using any alcoholic beverage or drugs
except pursuant to a prescription for such drugs. It is unlawful for
the operator, manager, or massage technician to permit any such person
to remain upon such premises. It is unlawful for the operator and
manager to allow alcoholic beverages or condoms to be present upon
such premises.
M. It is
unlawful for any massage establishment to operate as a school of massage,
or use the same facilities as that of a school of massage.
N. It is
unlawful for massage to occur within any cubicle, room, booth or any
area within a massage establishment that may be locked from the inside
of the cubicle, room, booth or area and is not immediately accessible
to supervisory, safety or inspection personnel during all hours of
operation. Entry doors to any cubicle, room, booth or area must not
be obstructed by any means.
O. All
exterior doors (except a rear entrance for employees only) must remain
unlocked during business hours, unless: (1) the massage is performed
in a cubicle, room, booth or area that does not have its own exterior
door and opens only into a business where certified therapists regularly
perform services for the public; or (2) the establishment is a business
entity owned by one individual with one or no employees or independent
contractors.
P. It is
unlawful for a massage to be given unless the customer's genitals
are fully covered with opaque material and, in addition, a female
patron's breasts are fully covered.
Q. It is
unlawful for a massage establishment to be open for business without
at least one massage technician and a manager on the premises at all
times who are in possession of a valid permit. The technician may
also be the manager.
R. It is
unlawful for massage establishments or accessory use locations employing
massage technicians to have tinted or "one-way" glass in any room
or office.
S. It is
unlawful for operators or managers to employ any person as a massage
technician who is not a certified massage therapist. Every operator
or manager must report to the Sheriff any change of employees, whether
by new or renewed employment, discharge or termination, on the form
and in the manner required by the Sheriff. The report must contain
the name of the employee and the date of hire or termination. The
report must be made within five days of the date of hire or termination.
The operator must deliver the permit and photo identification card
of any massage technician no longer employed by the operator to the
Sheriff within five days.
T. Operations.
1. Equipment.
Each operator and/or on-duty manager must provide and maintain on
the premises adequate equipment for disinfecting and sterilizing instruments
used in massage.
2. Inspections.
The operator and/or on-duty manager must consent to the unannounced
inspection of the massage establishment by any authorized law enforcement
official or City representative for the purpose of determining that
the provisions of this Chapter or other applicable laws or regulations
are met.
3. Linen.
Common use of towels or linens is not permitted. Towels and linens
must be laundered or changed promptly after each use. Separate enclosed
cabinets must be provided for the storage of clean and soiled linen
and must be plainly marked "clean linen" and "soiled linen" and have
doors or covers.
4. Residential
Use Prohibited. No person may reside at a massage establishment.
5. Recordings.
No electrical, mechanical or artificial device can be used by the
operator, manager, technician, or any employee of the massage establishment
for audio and/or video recording or for monitoring the performance
of a massage, or the conversation or other sounds in the massage rooms
without the knowledge or consent of the customer.
6. Roster.
The operator or on-duty manager of the massage establishment must
keep a complete and current list of the names, residence addresses,
and telephone numbers of all massage technicians and employees of
the massage establishment and the name, residence address and telephone
number of the manager purported to be principally in charge of the
operation of the massage establishment. This roster must be kept on
the premises and be available for inspection by any official charged
with enforcement of this Chapter.
7. Coverings.
Each massage establishment must provide to all customers clean, sanitary
and opaque coverings capable of covering the patrons' specified anatomical
areas including the genital and pubic areas, anus and female breast.
No common use of such coverings is permitted and re-use is prohibited
unless adequately cleaned.
8. Hours
of Operation. All massages must conclude at 10:00 p.m. It is unlawful
for any customer or visitor to be present within the massage establishment
after that time. The hours of operation must be displayed in a conspicuous
public place in the lobby within plain view of the entrance and clearly
visible from the outside.
9. Advertising.
It is unlawful for any massage establishment to place, publish or
distribute or cause to be placed, published or distributed any advertising
matter that depicts any portion of the human body that would reasonably
suggest to prospective customers that any service is available other
than those services described in this Chapter. No massage establishment
can employ language in the text of such advertising that would reasonably
suggest to prospective customers that any service is available other
than those services authorized by this Chapter.
10. Access. No person(s) other than valid permit holders under this Chapter,
employees, customers, vendors and service providers will be allowed
beyond the front lobby, located directly inside the front door entrance
during hours of operation.
11. Notices. The Sheriff may require that the following notice be posted
in the event that any operator, manager, massage technician, or employee
of the massage establishment or any person who has been aided and
abetted by an operator, manager, massage technician, or employee of
the massage establishment has been found, after full hearing by administrative
proceeding or State court, to have violated any of the offenses listed
in this section:
NOTICE TO ALL PATRONS
|
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE LOS ANGELES
COUNTY SHERIFF'S DEPARTMENT WITHOUT PRIOR NOTICE.
|
a. The notice set forth above must be prepared and issued by the Sheriff's
Department.
b. The notices must be conspicuously posted in a location within the
massage establishment such that they are easily visible to any person
entering the premises and in each massage room. The notice must be
so posted for 12 months following the violation of any of the offenses
set forth above.
c. The requirement for posting the notice described in this section
is cumulative and in addition to all other remedies, violations and
penalties set forth in this Chapter, or in the ordinances, laws, rules
or regulations of the City, County and the State of California.
(Prior code § 3-11.7; Ord. 1344 § 5, 10/23/17)
Every massage establishment must maintain facilities meeting
the following requirements:
A. Minimum
lighting must be provided in accordance with applicable law, and,
in addition, at least one artificial light of not less than 40 watts
must be illuminated in each room or enclosure where massage services
are performed on customers.
B. Adequate
equipment for disinfecting and sterilizing instruments used in performing
the acts of massage must be provided.
C. Hot
and cold running water must be provided at all times.
D. Cabinets
must be provided for storage of clean linens.
F. A minimum
of one separate washbasin for massage technicians must be provided
at all times. The basin must be located within or as close as practicable
to the area devoted to performing of massage services. Clean towels
must also be provided at each basin.
G. Massages
may be administered only on standard massage tables, and not on pads
or beds. Pads used on massage tables must be covered with a durable
washable plastic or other waterproof material acceptable to the Los
Angeles County Department of Health.
(Prior code § 3-11.8; Ord. 1344 § 5, 10/23/17)
A. A seated
massage may be performed only by a certified massage therapist.
B. A massage
technician or massage establishment offering seated massage must have
a signed contract for service at each location the service is provided
and such contract must be provided to the Sheriff for inspection upon
demand. The contract must specify the location, days and times the
seated massage service is to be offered.
C. Seated
massage may only be offered at a commercial or industrial place of
business and only for employees and/or patrons of that business.
D. Seated
massage may be offered in a public area only, to which all patrons
and employees are provided free access.
E. Seated
massage must be offered at a set time and day at each location and
may not be offered at any other time, and in no event may seated massage
be permitted or offered between the hours of 10:00 p.m. of one day
and 8:00 a.m. of the next day.
(Prior code § 3-11.9; Ord. 1344 § 5, 10/23/17)
No massage establishment permit may be sold, transferred or
assigned by the permittee, or by operation of law, to any other person.
Any such sale, transfer or assignment, or attempted sale, transfer
or assignment, will be deemed to constitute a voluntary surrender
of such permit and such permit will thereafter be deemed terminated
and void, provided and excepting, however, that if the permittee is
a partnership and one or more of the partners should die, one or more
of the surviving partners may acquire, by purchase or otherwise, the
interest of the deceased partner or partners without effecting a surrender
or termination of such permit and in each case the permittee will
thereafter be deemed to be the surviving partner(s).
(Prior code § 3-11.10; Ord. 1344 § 5, 10/23/17)
A. A change
of location of any massage establishment must first be approved by
the City Manager who must determine, before approval, that all applicable
law will be complied with at any proposed new location.
B. No permittee
can operate under any name or conduct any establishment under any
designation not specified in permittee's permit.
C. Any
application for an extension or expansion of a building or other place
of business of a massage establishment must comply with this Code.
D. A separate
permit is required for each location of a massage establishment.
(Prior code § 3-11.11; Ord. 1344 § 5, 10/23/17)
A. No person
or massage business can offer or perform either on-site massage or
outcall massage for compensation without possessing a valid CAMTC
certificate in conjunction with a valid City business license and
any other necessary City permits.
B. Outcall
massage and on-site massage may only be conducted between the hours
of 8:00 a.m. and 10:00 p.m.
C. Outcall
massage or on-site massage may not be conducted in a hotel room, a
motel room or any other similar location used primarily for transitory
habitation purposes.
(Ord. 1344 § 5, 10/23/17)
A. A massage
establishment permittee must notify the Sheriff, in writing, of the
name and address of each person employed as a massage technician at
such massage establishment within five days of employment. The requirements
of this section are in addition to the other provisions of this Chapter
and nothing relieves the permittee of the responsibility of ascertaining,
before employment, whether said massage technician has a current,
valid CAMTC certification.
B. A massage
establishment owner or manager must notify the Sheriff and City Manager,
in writing, of any change in information concerning the original application
within 30 days of the change.
(Prior code § 3-11.15; Ord. 1344 § 5, 10/23/17)
The provisions of this Chapter apply to all persons and businesses
described herein whether the herein described activities were established
before or after the effective date of the ordinance codified in this
Chapter, except that massage establishments legally in business before
the effective date of the ordinance codified in this Chapter will
have six months or until the expiration of their current Massage Establishment
Permit, whichever is later, to comply with the regulations for massage
establishments set forth herein.
(Prior code § 3-11.16; Ord. 1344 § 5, 10/23/17)
A. Whenever
any person fails to comply with any provision of this Chapter, or
any rule or regulation adopted pursuant hereto, or with any other
provision or requirement of law, including, but not limited to, this
Code or any grounds that would warrant the denial of initial issuance
of a permit hereunder, the City Manager, after giving such person
10 days' notice in writing to the residence address stated on the
application and specifying the time and place of hearing and requiring
him/her to show cause why his/her permit should not be revoked, will
conduct a hearing. If permit violations are shown by substantial evidence,
the City Manager may revoke or suspend any permit. The City will not
issue a new permit after the revocation of a permit unless it is satisfied
that the applicant will thereafter comply with all provisions of this
Chapter and the rules and regulations adopted thereunder and all other
applicable provisions of law, and until the City Manager collects
a fee in an amount sufficient to recover the actual costs of processing
the re-application.
B. The
City Manager will provide the permittee with written notice of the
revocation by certified mail addressed to the permittee's residence
address and the street address of the massage establishment.
C. Any
person who engages in any massage business after the permit issued
therefor has been suspended or revoked, and before such suspended
or revoked permit has been reinstated or a new permit issued, is guilty
of a misdemeanor.
(Prior code § 3-11.17; Ord. 1344 § 5, 10/23/17)
Any person denied an approval under this Chapter or a massage establishment owner or operator whose approval has been revoked may appeal the denial or revocation in writing to the City Council. Such appeal must be in writing and must be filed with the City Clerk not more than 15 days following the Director's deposit into the mail of the notice of denial or revocation sent to the applicant or massage establishment owner or operator to the address listed by the applicant or massage establishment owner or operator pursuant to this Chapter. Any successful appeal will result in approval or reinstatement of an approval. Notwithstanding the foregoing, any appeal of a suspension or revocation of a conditional use permit issued to a massage establishment must comply with Chapter
17.112 of this Code.
(Prior code § 3-11.18; Ord. 1344 § 5, 10/23/17)
Unless otherwise specifically provided by law, the burden is
on the permittee applicant in any hearing under this Chapter to prove
that the determination of the City Manager or authorized representative
or designee, which he or she is appealing, is contrary to the provisions
of this Chapter or clearly abusive of discretion.
(Prior code § 3-11.19; Ord. 1344 § 5, 10/23/17)