The city council finds and declares as follows:
(a) 
The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.
(b) 
The city is authorized, by virtue of the state constitution, the provisions of the City Charter and Government Code Sections 37100 and 51030 et seq.; Business and Professions Code Sections 460, 4600 through 4620 (Massage Therapy Act) and 16000; and Section 13 of the Chiropractic Act (initiative measure approved by the electors November 7, 1922, as amended) to regulate massage establishments, as defined in this chapter, to the extent such businesses may be regulated by a charter city, by imposing reasonable standards relative to the skill and experience of operators and certified massage providers and reasonable conditions on the operation of the massage establishment.
(c) 
There is a significant risk of injury to massage clients by improperly trained and/or educated certified massage providers and this chapter provides reasonable safeguards against injury and economic loss.
(d) 
There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity.
(e) 
The restrictions and requirements contained in this chapter reduce the burdens on the police department and permit the deployment of the police personnel such that more serious crimes may be prevented and more important laws enforced.
(f) 
The regulations and restrictions contained in this chapter tend to discourage massage establishments from degenerating into houses of prostitution as well as other illegal uses and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.
(g) 
Nothing in this chapter is intended to regulate any person whose profession is regulated by the state where the state expressly preempts local regulation and occupies the field of such profession, and where the person is duly licensed and merely operating within the scope of his or her licensure.
(h) 
To the fullest extent of the law, the city requires massage establishments to obtain licenses and operators to obtain permits under this chapter.
(Ord. No. 1177, § 2, 10-28-19)
For the purposes of the provisions regulating massage establishments and similar businesses hereinafter set forth, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings set forth herein.
"Athletic club"
means a properly licensed and permitted "health/fitness center," as same is defined in section 6.31.020 of article 6 of the Cypress Zoning Code.
"Beauty salon"
means a properly licensed and permitted "beauty salon/shop," as same is defined in section 6.31.020 of article 6 of the Cypress Zoning Code.
"California Massage Therapy Council (CAMTC)"
means the state organized non-profit organization created to regulate the massage industry set forth in Chapter 10.5 of Division 2 of the Business and Professions Code of the state (commencing with section 4600).
"CAMTC certificate"
means a current and valid certificate issued by the California Massage Therapy Council to a certified massage provider.
"Certified massage provider"
means a "massage practitioner" or "massage therapist" certified by the CAMTC in accordance with the Massage Therapy Act, as those terms are defined by Business and Professions Code section 4601.
"Chair massage"
means a massage administered to a client sitting upright in a chair facing toward cushions, where the client remains fully clothed and no oils are used while only shoulders, neck, upper back, head and arms are massaged.
"Day spa"
means a properly licensed and permitted "day spa," as same is defined in section 6.31.020 of article 6 of the Cypress Zoning Code.
"License"
means the license to operate a massage establishment as required by this chapter.
"Manager"
means the person(s) designated by the owner of the massage establishment to act as the representative and agent of the owner in managing day-to-day operations with corresponding responsibilities. Evidence of management includes, but is not limited to, the ability of the individual to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies, and ensure that the massage establishment complies with the requirements of this code and of other laws. A manager may also be an owner. A manager must have a valid operator permit.
"Massage"
means the scientific manipulation of the soft tissues, as defined by Business and Professions Code section 4601(e).
"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, as defined by Business and Professions Code section 4601(f).
"Operator"
means all persons who own or manage a massage establishment, as the case may be.
"Operator permit"
means the permit issued by the police chief allowing a person to own or manage a massage establishment.
"Owner"
means all of the following:
(1) 
The sole proprietor of a massage establishment, i.e., where the owner is the only person performing massage at that establishment;
(2) 
In the case of a general business, each owner of the business;
(3) 
In the case of a corporation, each stockholder holding more than 10% of the corporation and each officer and director of the corporation;
(4) 
In the case of a partnership, each partner, excluding limited partners owning less than 10% of the partnership, and where a partner is a corporation, the above provisions pertaining to a corporate applicant apply.
An owner must have a valid operator permit.
"Patron"
means an individual on the premises of a massage establishment for the purpose of receiving a massage.
"Person"
means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
"Person who has engaged in disqualifying conduct"
means a person who:
(1) 
Within eight years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within eight years of the date of notice of hearing pursuant to section 15A-26, has been convicted in a court of competent jurisdiction of:
(i) 
Any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment operator or as a certified massage provider; or
(ii) 
Any felony the commission of which occurred on the premises of a massage establishment.
(2) 
Within eight years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within eight years of the date of notice of revocation or suspension hearing, whichever is applicable, has had any equivalent massage establishment, operator, technician, practitioner, or trainee license or permit, which was issued by the CAMTC, or any county or city, revoked.
(3) 
Within eight years immediately preceding the date of the filing of the application, or in the case of revocation or suspension proceedings, within eight years of the date of notice of revocation or suspension hearing, whichever is applicable, has been convicted, including pleas of nolo contendere in a court of competent jurisdiction of:
(i) 
Any violation of Penal Code sections 266h, 266i, 314, 315, 316, 318, 653.22, 653.23, or section 647(a), (b), or (d); or
(ii) 
An attempt to commit or conspiracy to commit any of the above mentioned offenses; or
(iii) 
Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or
(iv) 
Any felony offense involving the sale of a controlled substance specified in health and Safety Code sections 11054, 11055, 11057 or 11058; or
(v) 
A violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code section 290; or
(vi) 
Any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage; or
(vii) 
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 or 11058; or
(viii) 
Any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including Business and Profession Code section 4609(a).
(4) 
Is required to register under the provisions of Penal Code section 290.
(5) 
Has 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.
(6) 
Has engaged in conduct which would constitute an offense as described in paragraph (a) or (c) of subsection (m)(3), within eight years immediately prior to the filing of any application, or within eight years of the date of notice of revocation or suspension, whichever is applicable.
"Reception area"
means an area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons and visitors of the massage establishment and which is not a massage room or otherwise used for the provision of massage services.
"Recognized school of massage"
means the same as "approved school" or "approved massage school" as defined by Business and Profession Code section 4601.
"Sole provider"
means a massage business where the owner owns 100% of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active CAMTC certificate, and has no other employees or independent contractors, as defined by Business and Professions Code section 4601(i).
"Visitor"
means a nonemployee who has entered the massage establishment for purposes other than receiving services.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
Massage establishment license required. Except as otherwise provided in this chapter, it is unlawful for any person to engage in, conduct or carry on, in or upon any premises within the city the operation of a massage establishment without a massage establishment license obtained from the city as required by this Chapter 15A. A separate license shall be obtained for each separate massage establishment operated by such person. Upon payment of the appropriate license application fee, a massage establishment license shall be issued to any person who has complied with the requirements of this chapter, and all other applicable provisions of the Cypress Municipal Code, unless grounds for denial of such license are found to exist.
(b) 
Operator permit required. Except as otherwise provided in this chapter, no person shall own or manage any massage establishment in any location within the city without first having obtained an operator permit in accordance with section 15A-15. An operator permit must be obtained for each owner and each manager of a massage establishment or proposed massage establishment.
(c) 
CAMTC certificate required. No person shall provide massage services for compensation, including out-call massage services, from any location in the city without having been issued a CAMTC certificate.
(Ord. No. 1177, § 2, 10-28-19)
Any application for a massage establishment license or operator permit shall be accompanied by a nonrefundable fee, in an amount established by resolution of the city council. The application fee shall be used to defray the costs of investigation and report. Massage establishment licenses and operator permits shall be renewed annually. The licensee shall pay a renewal fee for such renewal, in an amount established by city council resolution.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
Any application for a massage establishment license shall be made with the city chief of police or designee (hereinafter police chief).
(b) 
The application shall set forth the exact name of the massage establishment, phone number of the massage establishment, nature of the massage, bath or health treatments to be administered at the massage establishment, the proposed place of business and facilities of the massage establishment, and the current name, including all aliases, and address of the applicant. The applicant must be required to furnish fingerprints for purposes of establishing identification. The applicant shall also furnish the following information:
(1) 
All previous addresses of applicant, if any, for a period of eight years immediately prior to the date of the application and the dates of residence at each.
(2) 
Written proof that the applicant is at least 18 years of age.
(3) 
A description of any other business operated on the same premises, or within the City of Cypress or the State of California which is owned or operated by the applicant.
(4) 
The history of the applicant as to the operation of any massage establishment or similar business or occupation within eight years immediately preceding the filing of the application. Such information shall include, but shall not be limited to, a statement as to whether or not such person, in previously operating a massage establishment within this state under a permit or license, has had such permit or license revoked, suspended or expired, and the reasons therefor; and the business, activity or occupation the license applicant engaged in subsequent to such action of revocation, suspension or expiration.
(5) 
All criminal convictions or offenses described in section 15A-2; including those dismissed or expunged pursuant to Penal Code section 1203.4, but excluding minor traffic violations; whether the applicant is required to register under the provisions of Penal Code section 290; whether the applicant, including a corporation or partnership, or a former employer of the applicant while or employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under Penal Code sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California.
(6) 
Applicant's height, weight, color of eyes and hair.
(7) 
Two prints of a recent passport-size photograph of applicant.
(8) 
Business, occupant or employment history of the applicant for the eight years immediately preceding the date of the application.
(9) 
The type of ownership of the business; i.e., whether by individual, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than 5% of the stock of the corporation, along with the amount of stock held. If the applicant is a partnership, the applicant shall set forth the name and residence addresses of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged.
(10) 
The names and residence addresses of all persons currently employed or intended to be employed in the massage establishment, regardless of the nature of the employment, including the names and addresses of any operators and certified massage providers, along with the proposed or actual nature of the work performed or to be performed, and recent passport-sized photographs, suitable to the police chief processing the application, of each such employee. Any applicant or licensee shall notify the city in writing of the names, addresses and nature of the work, or any new employees, within five days of such employment, and supply the photographs described in this subsection. "Employee" includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the operation of a massage establishment.
(11) 
The name and address of the owner and lessor of the real property upon or in which the business 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/her property.
(12) 
Authorization for the city, its agents and employees to such verification of the information contained in the application.
(13) 
Such other information as the police chief may deem necessary.
(14) 
A statement in writing by the applicant that he or she certifies under penalty of perjury that the foregoing information contained in the application is true and correct, said statement being duly dated. If, during the term of the license, the licensee has any change in information submitted on the original or renewal application, the licensee shall notify the police department of such change within 10 business days in writing.
(15) 
The proposed hours and days of operation.
(c) 
Licenses issued pursuant to this section shall remain in effect, unless revoked, for a period of one year. Applications for the renewal of a license shall be filed on a form supplied by the city with the police chief. Temporary licenses shall not be issued and expired licenses are not valid unless the operator has a written receipt showing that the renewal application was filed at least 30 days prior to expiration, without action having been taken by the police chief. Renewal applications shall be signed under penalty of perjury and shall be accompanied by a nonrefundable filing fee established by resolution of the city council. A licensee shall be required to update the information contained in his or her original license application, provide any new and/or additional information as may be reasonably required by the police chief in order to determine whether the license should be renewed, including all information required. If requested, a new photograph shall be supplied. Failure to provide this documentation and comply with these requirements shall be grounds for nonrenewal of the license. It is the operator's obligation to keep track of when the renewal is due and to renew in a timely fashion.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
Within 60 working days following receipt of a completed application, the police chief shall approve, conditionally approve the license or mail a written statement of his or her reasons for denial thereof. The 60 day period may be extended for up to 30 additional days, if necessary to complete the investigation.
(b) 
The police chief shall deny a license to the applicant where any of the following findings exist:
(1) 
The applicant has made one or more material misstatements in the application for a license.
(2) 
The applicant, if an individual, or the stockholders holding more than 5% of the stock of the corporation, the officers and directors, and each of them, if the applicant be a corporation, or the partners, including limited partners, and each of them, if the applicant be a partnership; and the manager or other person principally in charge of the operation of the business, or any such individuals, is a person who has engaged in disqualifying conduct, in the past eight years, as described in subsection (h) of section 15A-2.
(3) 
The massage establishment, as proposed by the applicant, if permitted, would not comply with all the applicable laws, including, but not limited to, all the city's building, fire, zoning, and health regulations.
(4) 
The applicant is lacking in the background and qualifications to conduct a valid massage establishment.
(5) 
Any person to be employed by applicant are persons who have engaged in disqualifying conduct as described in section 15A-2(h).
(6) 
The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation, including conduct which would constitute grounds for denial, suspension or revocation, of any other public agency which regulates the operation of massage establishments.
(7) 
The applicant is less than 18 years of age.
(c) 
If the application is denied for failure to comply with section 15A-5(b)(3) or (4) above, the applicant may not reapply for a period of six months from the date the application was denied.
(Ord. No. 1177, § 2, 10-28-19)
All massage establishments shall comply with the following facilities and operations requirements:
(a) 
Massage establishments shall comply with all applicable code requirements.
(b) 
Adequate dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room, or rooms, separate dressing and separate toilet facilities shall be provided for male and for female patrons.
(c) 
Cabinets or other covered space shall be provided for the storage of clean linen. Approved receptacles shall be provided for the storage of all soiled linen and paper towels.
(d) 
Minimum ventilation shall be provided in accordance with the applicable building code of the city. To allow for adequate ventilation in cubicles, rooms and areas provided for patrons' use, which are not serviced directly by required windows or mechanical systems of ventilation, partitions shall be constructed so that the height of partition does not exceed 75% of the floor-to-ceiling height of the area in which they are located.
(e) 
All plumbing and electrical installations shall be installed under permit and inspection of the buildings inspection department, and such installations shall be installed in accordance with the applicable Uniform Building Code, Uniform Plumbing Code and other applicable codes.
(f) 
The walls in all rooms where water or steam baths are given shall have a washable, mold-resistant surface.
(g) 
All lavatories or wash basins shall be provided with hot and cold running water, soap and single service towels in wall-mounted dispensers.
(h) 
All massage establishments shall be provided with clean and sanitary towels, sheets and linens in sufficient quantity. Towels, sheets and linens shall not be used by more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets; provided that such paper is used once for each person and then discarded into a sanitary receptacle.
(i) 
All walls, ceilings, floors, pools, bathing facilities (e.g., showers or bathtubs), steam rooms and all other physical facilities including appliances and apparatuses for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathing facilities shall be thoroughly cleaned and disinfected after each use.
(j) 
Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and said instruments shall be disinfected and sterilized after each use.
(k) 
Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material.
(l) 
To assure patrons' health, safety, sanitation and comfort, all employees, certified massage providers shall not be dressed in attire that is in violation of Business and Professions Code section 4609(a)(1). No certified massage provider shall engage in any activity in violation of Business and Professions Code section 4609, nor shall any operator of a massage establishment allow or permit such activities.
(m) 
Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage establishment. All letters and numbers shall be capitals, and not less than one inch in height. No services shall be performed and no sums shall be charged for such services other than those posted. All arrangements for services to be performed shall be made in a room in the massage establishment which is not used for administration of massages, baths or health treatments, unless no other room exists in the establishment. No certified massage provider shall, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether such patron desires any additional service to be performed. No certified massage provider shall perform any service for any patron which was not ordered by such patron prior to the commencement of performance of any service rendered.
(n) 
No massage establishment shall be kept open for business between the hours of 9:00 p.m. and 7:00 a.m.
(o) 
No alcoholic beverages shall be sold, served, furnished, kept or possessed on the premises of any massage establishment.
(p) 
A certified massage provider may conduct out-call massages. No additional massage service shall be performed for any patron beyond that service which is specifically described in writing whether such patron desires any additional service to be performed. A massage establishment license may be suspended or revoked for off-site massages based upon any of the grounds set forth at section 15A-25.
(q) 
(Reserved)
(r) 
Personnel lists.
(1) 
Within seven calendar days of receiving a massage establishment license, the operator shall provide the police chief with a complete list of all certified massage providers who are working or will work, be employed, or provide massage services in the massage establishment along with a copy of their CAMTC certificate and identification card, as well as with the name and residence address of the manager principally in charge of the operation of the massage establishment and of any other manager.
(2) 
The operator shall have a continuing obligation to notify the police chief in writing of any changes in certified massage providers, employees, and managers within seven calendar days of such change.
(3) 
The operator shall maintain copies of each certified massage provider's valid CAMTC certificate and identification card on file on the premises of the massage establishment which shall be available to any individual upon request, including, but not limited to, employees of the city. Additionally, the operator shall be required to file copies of each CAMTC certificate and identification card with the police chief within seven days of a certified massage provider beginning to work at the massage establishment. Information required by this section shall be maintained at the massage establishment for a minimum of two years following the date that the person ceases providing services/employment to the massage establishment.
(4) 
The operator shall maintain on the premises of the massage establishment a register of all non-CAMTC certified persons employed, working or providing other services at the massage establishment. The register shall be maintained for a minimum of two years following the time that the person ceases providing services/employment to the massage establishment. The operator shall make the register immediately available for inspection upon demand of a representative of the police chief, any health officer, or any other official charged with enforcement of this chapter. The register shall include, but is not limited to, the following information:
(i) 
Name, nicknames, and/or aliases;
(ii) 
Home address and relevant phone number, including but not limited to home, cellular, and pager numbers;
(iii) 
Age, date of birth, gender, height, weight, color of hair and eyes;
(iv) 
The date such person began employment or providing services, and the date such person ended employment or stopped providing services, if any;
(v) 
The duties of each person; and
(vi) 
In a separate portion of the register, Social Security numbers, resident alien ("green") card numbers, United States passport numbers, California Driver's License numbers, California identification card numbers, or such other identification numbers as approved by the police chief, which shall only be available for review by the police chief or other law enforcement personnel, but not health officers or other officials charged with the enforcement of this chapter.
(s) 
No operator shall hire, employ, or allow a person to perform massage services unless such person possesses a valid CAMTC certificate. Each operator of a massage establishment shall verify that all persons hold the appropriate CAMTC certificate required by this chapter.
(t) 
An operator shall be at the massage establishment at all times when the massage establishment is open for business.
(u) 
Patrons and visitors shall only be permitted in the massage establishment during the hours of operation.
(i) 
Visitors shall only be permitted in the reception area of the massage establishment.
(ii) 
Patrons shall only be permitted in massage treatment areas if at least one certified massage provider is on the premises.
(v) 
During hours of operation, no person other than a valid permit holder under this chapter, a certified massage provider, or a patron shall be allowed beyond the reception area of the massage establishment.
(w) 
Where a covering is furnished by the massage establishment, it shall not be used by more than one patron until it has first been laundered and disinfected.
(x) 
Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and address of each patron, the name of the certified massage provider administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this chapter. Such records shall be kept on the premises of the massage establishment for a period of two years. In the event the massage establishment relocates, the records shall be retained at the new location.
(y) 
No part of the massage establishment shall be used for residential or sleeping purposes.
(z) 
Only professional massage tables may be placed in massage rooms and utilized for massage services. The tables must have a minimum height of 18 inches. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
Each owner or operator of a massage establishment legally doing business on the effective date of this chapter shall apply for a massage establishment license not later than 90 days therefrom, and shall comply with all requirements which are prerequisites for issuance of a license before such a license will issue.
(b) 
Each operator of a massage establishment legally doing business on the effective date of this chapter shall apply for an operator permit not later than 90 days therefrom, and shall comply with all requirements which are prerequisites for issuance of a permit before such a permit will issue.
(Ord. No. 1177, § 2, 10-28-19)
Any and all investigating officials of the city shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this chapter.
(Ord. No. 1177, § 2, 10-28-19)
Whenever the police chief or his or her authorized representative, makes an inspection of a massage establishment and finds that any provision of this chapter has been violated, the police chief shall give notice of such violation by means of an inspection report or other written notice. In any such notification, the police chief shall:
(a) 
Set forth the specific violation or violations found.
(b) 
Establish a specific and reasonable period of time for the correction of the violation or violations. If the police chief determines that the violation or violations are minor in nature, the police chief may issue a warning to the licensee or permittee, that any further violation of this chapter may result in the filing of a complaint for revocation or suspension of the license or permit.
(c) 
State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the police chief filing a complaint for revocation or suspension of the license or permit.
(Ord. No. 1177, § 2, 10-28-19)
No person licensed to operate a massage establishment shall operate under any name or conduct business under any designation not specified in the license.
(Ord. No. 1177, § 2, 10-28-19)
Upon a change of location of a massage establishment, an application to the police chief shall be made, and such application shall be granted, provided all applicable provisions of this chapter are complied with, and a change of location fee in an amount established by city council resolution to defray the costs of investigation and report has been paid to the city.
(Ord. No. 1177, § 2, 10-28-19)
A sale or transfer of any interest in a massage establishment, which interest would be reported as required in this chapter upon application for a massage establishment license, shall be reported to the police chief within 10 days of such sale or transfer. The police chief shall investigate any person receiving any interest in a massage establishment as a result of such sale or transfer, and if such person satisfies the requirements relating to massage establishment license applicants, the existing license shall be endorsed to include such person. A fee as set forth by resolution of the city council shall be paid to the city for the investigation by the police chief necessitated by each such sale or transfer.
(Ord. No. 1177, § 2, 10-28-19)
The operator of a massage establishment shall display the massage establishment license and each operator permit for each operator employed in the establishment in an open and conspicuous place on the premises. Passport-size photographs of each operator shall be affixed to the respective operator permit on display pursuant to this section. The operator shall also clearly display the relevant operator on duty.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
It shall be the responsibility of each and every operator to have a working knowledge of the city's regulations relating to massage establishment operations and be responsible for the day-to-day operation of the business.
(b) 
Application; contents. Applicants for operator permits shall submit the following information to the police chief on a form supplied by the police chief:
(1) 
The full true name of the applicant;
(2) 
A complete statement listing and explaining any and all aliases and fictitious names used by the applicant within the 10 years immediately preceding the application;
(3) 
The current residence address and business address and current residence and business telephone number of the applicant;
(4) 
The name and address of the massage establishment for which the operator permit is sought;
(5) 
A list of all previous residential and business addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address;
(6) 
The applicant's place of birth, and original documentation to verify both the applicant's identity and employment authorization (if applicable), as listed under 8 U.S.C. 1324a(b)(l) and 8 C.F.R. part 274a.2(b)(l). Documentation to satisfy this requirement may include, but is not limited to, a California driver's license, California identification card, social security card, resident alien ("green") card, United States passport (unexpired or expired), unexpired foreign passport that contains a temporary I-551 stamp, or an unexpired employment authorization document issued by the United States government in compliance with 8 C.F.R. part 274a.2(b)(l)(v)(A);
(7) 
The history of the applicant as to any similar business or occupation within 10 years immediately preceding the filing of the application. Such information shall include, but not be limited to, the names and addresses of any other massage establishments or similar businesses the applicant has owned, managed, provided massage services at, or worked at, whether the applicant has had a permit or license to operate, manage, provide massage services at, or work at a massage establishment denied, revoked, or suspended in any jurisdiction; the reasons for any such denial, revocation, or suspension; and the business, activity, or occupation the applicant engaged in subsequent to such denial, revocation, or suspension;
(8) 
All criminal convictions within the last 10 years, excluding minor traffic violations, and the date and place of each such conviction and reason therefor;
(9) 
Such other reasonable identification and information as the police chief may require in order to discover the truth of the matter specified as required to be set forth in the application;
(10) 
The applicant shall supply a photograph as directed by the police chief.
(c) 
Once the information required by this section is submitted, the applicant shall have his or her fingerprints taken for a criminal history background (LiveScan) check in the manner directed by the police chief.
(d) 
The applicant shall take and pass a written test on the requirements of this chapter to ensure the applicant understands his or her duties under this chapter. A score of 70% or better is required on each section of the written test. An applicant who fails to pass this test shall not be eligible to take another examination until 60 days after the previous examination. An applicant who fails to pass upon a second attempt shall not again be eligible until six months thereafter.
(e) 
The police chief shall issue the operator permit, unless after investigation he or she makes any of the following findings:
(1) 
The applicant has failed to provide information, documentation, and assurances required by this chapter or by the police chief; has failed to reveal any fact material to qualification; or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria; or
(2) 
The applicant is a person who has engaged in disqualifying conduct; or
(3) 
There is substantial evidence that the applicant has engaged in disqualifying conduct, even if there is no conviction for such conduct; or
(4) 
The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or
(5) 
The applicant is not at least 18 years of age; or
(6) 
The applicant is delinquent in paying city fees or penalties owed in relation to any permit issued pursuant to this chapter.
(7) 
The applicant has not passed the test required by subsection (d).
(f) 
If the criminal history background check report and/or information supplied by CAMTC, as may be applicable, demonstrates that the applicant has made any false, misleading, or fraudulent statement of material fact in the permit application or in any report or record required to be filed therewith, or discloses any disqualifying conduct, the permit shall be subject to denial.
(g) 
CAMTC certificate holder exception. An individual who owns or manages a massage establishment shall not be required to obtain an operator permit as provided in this Section if he or she has a valid CAMTC certificate.
(h) 
Permits issued pursuant to this section shall remain in effect, unless revoked, for a period of one year. Applications for the renewal of a permit shall be filed on a form supplied by the city with the police chief. Temporary permits shall not be issued and expired permits are not valid unless the permittee has a written receipt showing that the renewal application was filed at least 30 days prior to expiration, without action having been taken by the police chief. Renewal applications shall be signed under penalty of perjury and shall be accompanied by a nonrefundable filing fee established by resolution of the city council. A permittee shall be required to update the information contained in his or her original permit application, provide any new and/or additional information as may be reasonably required by the police chief in order to determine whether the permit should be renewed, including all information required by subsection (b) or (g), and, in the case of a permittee who does not have a valid CAMTC certificate, shall take and pass the test pursuant to subsection (d). If requested, a new photograph shall be supplied. Failure to provide this documentation and comply with these requirements shall be grounds for nonrenewal of the permit. It is the operator's obligation to keep track of when the renewal is due and to renew in a timely fashion.
(i) 
Any decision to deny or not renew an operator permit shall be made in writing and shall set forth the reasons for the decision. The notice shall include a statement of appeal rights.
(j) 
Every person to whom an operator permit has been granted pursuant to this chapter shall be issued an identification badge by the police chief which shall contain the person's name, photograph, expiration date, and any other information deemed necessary by the police chief. The badge shall be worn so as to be readily visible at all times while on the premises of the massage establishment.
(k) 
Operator permits issued pursuant to this chapter may not be assigned or transferred to another individual or location.
(l) 
It is the duty of each operator to notify the police chief whenever there is a change in information which was required to be submitted in the application for the operator permit in the first instance. Such notification shall be in writing and made within 10 business days of the change on a form provided by the city.
(m) 
Each operator of a massage establishment shall be responsible for the conduct of all employees and independent contractors working on the premises of the massage establishment. Failure of the employees or independent contractors of a massage establishment to comply with this chapter may result in the revocation of the operator's permit.
(n) 
The operator of the massage establishment is responsible for verifying that all persons hold the appropriate CAMTC certificate as required by this chapter.
(o) 
Any requirement of this chapter applying to an operator shall apply to each and every operator of a massage establishment.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
A property owner shall not permit a massage establishment to operate on his or her property in violation of this chapter.
(b) 
If a property owner is notified in writing by the city of violations of this chapter, then the property owner shall take all necessary steps to ensure compliance with this chapter and all applicable law. If a property owner fails to take all necessary steps for compliance with this chapter and all applicable law within 30 days after receiving written notice from the city, then the city may pursue all available enforcement actions against the property owner, including, but not limited to, section 15A-30 and any applicable fines, to the fullest extent as allowed by law.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
All notices required to be given pursuant to this chapter shall be served on the responsible party (i.e., permittee, applicant, appellant, or a representative thereof) either by personal delivery or by deposit in the United States mail in a sealed envelope postage prepaid addressed to such responsible party as the name and address appear in the most recent application on file with the city. Service by mail shall be deemed to have been completed on the date deposited in the mail. Notices shall include information regarding appeal rights and a statement that the failure to file an appeal shall constitute a failure to exhaust administrative remedies.
(b) 
In all cases where the license holder is not the property owner, notices shall also be sent to the property owner of record where the notice relates to possible closure of the business due to suspension or revocation.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
Appeals.
(1) 
Appeals from any decision of the police chief under this chapter shall be in writing, shall clearly state the applicable basis for the appeal and shall be filed with the city clerk no later than 10 calendar days following the date of the notice.
(2) 
The city clerk shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the city council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.
(3) 
The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to subsection (a)(1).
(b) 
City manager action.
(1) 
Upon receipt of a timely filed appeal, the city clerk shall set the matter for hearing before the city manager. The hearing shall be held not fewer than 10 calendar days nor more than 45 calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties.
(2) 
The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven calendar days prior to the hearing.
(3) 
At the time of such hearing, the city manager shall review the records and files relating to the decision.
(i) 
The city manager shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter.
(ii) 
In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.
(iii) 
In determining whether a person should be disqualified for meeting the definition of PERSON WHO HAS ENGAGED IN DISQUALIFYING CONDUCT as set forth in Section 15A-2, the City Manager may consider: the nature and severity of the act(s) or crime(s); whether there were any additional subsequent act(s) or crime(s); the number of act(s) or crime(s); and how recent the act(s) or crime(s) were.
(4) 
The appellant shall have the burden of proving that he or she meets the requirements for issuing the permit or certificate in the first instance; the city shall have the burden in proving that grounds exist for suspending, revoking or failing to renew a permit.
(5) 
Based upon the evidence presented at the hearing, the city manager shall determine whether the decision should be affirmed, modified, or reversed.
(6) 
The city manager shall issue his decision within 10 business days after the close of the hearing. The city manager's decision shall include a statement of the reasons therefor.
(7) 
The decision of the city manager shall include notice that the decision is final and conclusive, that judicial review may be sought therefrom pursuant to California Civil Procedures Code section 1094.5, and that any action filed in the superior court shall be filed within 90 days following the city manager's notice pursuant to California Civil Procedures Code section 1094.6.
(8) 
The city manager may appoint an administrative hearing officer to consider appeals made under this section.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
This chapter shall not apply to the following:
(1) 
State-licensed professionals while engaged in the performance of the duties of their respective professions and while limited to the scope of their California state licenses including acupuncturists, aestheticians, barbers, chiropractors, cosmetologists, exercise physiologists, manicurists, nurses, naturopathic doctors, occupational therapists, osteopaths, physical therapists, physicians, and surgeons. However, this exemption shall not apply to a state-licensed professional employing certified massage providers for the purpose of providing massage services. In the event that such state-license professional fails to comply with this chapter, such state-license professional shall be subject to enforcement under the Cypress Municipal Code, including, but not limited to, this chapter.
(2) 
Trainers of any semiprofessional or professional athlete or athletic team, or athletic trainers hired by a local, state or federal government agency.
(3) 
Any educational institution regulated by the State of California, including any portion of the institution providing massage services, such as student clinics and work study programs, regulated under such state license.
(4) 
Individuals administering massages or health treatment involving massage to persons participating in road races, track meets, triathlons and similar single occurrence athletic or recreational events; provided, that all of the following conditions are met:
(i) 
The massage services are made equally available to all participants in the event.
(ii) 
The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations.
(iii) 
The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event.
(iv) 
The sponsors of the event have been advised of and have approved the provision of massage services.
(v) 
The persons providing the massage services are not the primary sponsors of the event.
(5) 
Sole providers with valid CAMTC certificates and shall comply with the operational requirements of section 15A-7 to the extent applicable.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
Athletic clubs and day spas. A massage establishment may be permitted in an athletic club, day spa, or similar establishment provided such massage operations are clearly incidental and accessory to the operation of such bona fide business and such business has a valid conditional use permit approved by the city council which identified the massage establishment. Any massage establishment duly authorized to operate under the provisions of this section must comply with all the provisions of this chapter with the exception of the requirements set forth in section 15A-7(b) and (p).
(b) 
Chair massages. Chair massages are permitted in any business provided such massage operations are clearly incidental and accessory to the operation of such bona fide business. This subsection shall only apply to duly licensed athletic clubs, day spas, beauty salons, or professional health care businesses operated by persons described in section 15A-22(a).
(Ord. No. 1177, § 2, 10-28-19)
(a) 
After an investigation, notice and hearing, any license issued for a massage establishment may be revoked or suspended by the police chief or may refuse to renew a license where any of the following is found:
(1) 
The massage establishment has violated any provisions of this chapter; or
(2) 
The massage establishment employs an operator or certified massage provider who has engaged in disqualifying conduct, as described in subsection (n) of section 15A-2; or
(3) 
The massage establishment has failed to comply with one or more of the facilities and operation requirements of section 15A-7; or
(4) 
There is a material misstatement in the application for the massage establishment license; or
(5) 
The massage establishment has continued to operate after the license has been suspended; or
(6) 
The licensee has allowed a person to provide massage services who:
(i) 
Does not have a valid CAMTC certificate; or
(ii) 
Has engaged in conduct or has been convicted of an offense described in subsection (n) of section 15A-2 where the licensee has actual or constructive knowledge of such conduct or conviction.
(Ord. No. 1177, § 2, 10-28-19)
After an investigation, notice and hearing, any operator permit may be revoked or suspended by the police chief or may refuse to renew such permit where it is found that:
(a) 
The permittee has violated any provision of this chapter; or
(b) 
The permittee is a person who has engaged in disqualifying conduct, as described in subsection (n) of section 15A-2; or
(c) 
The permittee has continued to function as an operator after the permit has been suspended; or
(d) 
The permittee has failed to comply with the requirements of either section 15A-15; or
(e) 
The permittee has made a material misstatement in the application for a permit; or
(f) 
The permittee has allowed a person to provide massage services who:
(1) 
Does not have a valid CAMTC certificate; or
(2) 
Has engaged in conduct or has been convicted of an offense described in subsection (n) of section 15A-2 where the licensee has actual or constructive knowledge of such conduct or conviction.
(Ord. No. 1177, § 2, 10-28-19)
Upon determining that grounds for revocation or suspension exist, as set forth in sections 15A-24 and/or 15A-25, the police chief may revoke or suspend a massage establishment license or operator permit. The police chief shall provide written notice of the revocation or suspension to the holder of the massage establishment license or operator permit, as applicable. Such notice shall summarize the principal reasons for the proposed revocation or suspension; shall state that the licensee may appeal the revocation or suspension pursuant to section 15A-21; and shall be delivered both by posting the notice at the location of the relevant massage establishment and by sending the notice by certified mail, postage prepaid, addressed to the holder of the massage establishment license or operator permit, as applicable, at the name and address appearing on such license or permit, as applicable. The effective date of such revocation or suspension shall be the final date that the massage establishment license holder or operator permit holder may appeal the police chief's decision, as provided in section 15A-21.
The remedies provided by this section shall be in addition to any other remedy available under this chapter or applicable law.
(Ord. No. 1177, § 2, 10-28-19)
An applicant for either a license or a permit under this chapter whose application for such license or permit has been denied or revoked may not reapply for such license or permit for a period of one year from the date such notice of denial or revocation was deposited in the mail or received by the applicant, whichever occurs first. However a reapplication prior to the termination of one year may be made if accompanied by evidence that the ground or grounds for denial or revocation of the applicant no longer exist.
(Ord. No. 1177, § 2, 10-28-19)
No refund or rebate of a license or permit fee shall be allowed by the reason of the fact that the licensee or permittee discontinues an activity for which a license or permit is required pursuant to this chapter, or that the license or permit is suspended or revoked.
(Ord. No. 1177, § 2, 10-28-19)
In the event that a license or permit is canceled, suspended, revoked, or invalidated, the licensee or permittee shall forward it to the police chief who issued it not later than the end of the third business day after notification of the cancellation, suspension, revocation, or invalidation.
(Ord. No. 1177, § 2, 10-28-19)
(a) 
Violations of this chapter may be enforced pursuant to the provisions of sections 1-7 and 1-12.1 of the code of the City of Cypress.
(b) 
Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. The city may recover its costs and its attorneys' fees and costs incurred in connection with its actions to abate, remove, or enjoin the public nuisance declared under this subsection.
(c) 
Any property owner permitting on his or her property the operating, conducting or maintaining of a massage establishment contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any property owner from permitting on his or her property the operating, conducting or maintaining of a massage establishment contrary to the provisions of this chapter. The city may recover its costs and its attorneys' fees and costs incurred in connection with its actions to abate, remove, or enjoin the public nuisance declared under this subsection.
(d) 
The remedies provided under this chapter are cumulative and non-exclusive, and shall not restrict the city's ability to pursue any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or prohibit any conduct authorized by the state or federal constitution.
(e) 
Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
(Ord. No. 1177, § 2, 10-28-19)