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.
"Act"
means the Massage Therapy Act (Business and Professions Code Section 4600, et seq.), as amended.
"Certified massage therapist" or "CMT"
means an individual certified by the California Massage Therapy Council (CAMTC) as a certified massage therapist or a certified massage practitioner pursuant to California Business and Professions Code Section 4600 et seq.
"City Manager"
means the City Manager, or designee. Unless otherwise designated by the City Manager in writing, the Public Safety Director is the designee.
"Customer area"
means any area open to customers of the establishment.
"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.
"Health Department"
means the Los Angeles County Department of Health Services.
"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 establishment permit"
means the permit required pursuant to this Chapter to operate a massage establishment.
"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.
F. 
Reserved.
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.
E. 
(Reserved)
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)