City of Glendale, CA Chapter 5.64 MASSAGE ESTABLISHMENTS

§ 5.64.010 Intent and legislative purpose.

This chapter's purpose is to:

A. Enhance the professionalism of the massage service industry by:

1. Regulating the business of massage within the city,

2. Establishing minimum standards for operating a massage establishment,

3. Ensuring that individuals performing massage have the proper training, skill, and experience through California Massage Therapy Council certification, and

4. Disciplining massage therapists, massage practitioners and establishments that violate the law;

B. Deter criminal activity;

C. Preserve this community's quality of life; and

D. Protect the public's health, safety, welfare and peace.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.020 Findings.

The city council finds, determines, and declares that:

A. Under its general police power (Cal. Const. Art. Xl, Section 7), California Government Code Sections 37100 and 51030 to 51034, and California Business and Professions Code Sections 460, 16000, and 4620 to 4621, the city may regulate massage service providers and massage establishments. For many years, the city has regulated not only massage service providers and massage establishments by issuing them permits under Glendale Municipal Code Chapter 5.64, but also operational aspects of these individuals and businesses in order to protect the public health, safety, and welfare;

B. Massage is a viable professional field, offering the public valuable health and therapeutic services;

C. The State Legislature enacted California's "Massage Therapy Act," which is codified as Chapter 10.5 of Division 2 of the California Business and Professions Code (Sections 4600 to 4621). Among other things, the Massage Therapy Act:

1. Establishes a non-profit organization, known as the California Massage Therapy Council ("CAMTC"), which is authorized to issue certificates for massage service providers (referred to as "massage practitioners" and "massage therapists"),

2. Requires applicants, as a prerequisite to certification, to be at least 18 years of age, to meet certain educational and professional criteria, and to undergo a criminal history background check,

3. Enables a CAMTC certificate holder to practice massage anywhere within the state in a manner consistent with the CAMTC certificate and local regulations that do not conflict with the Massage Therapy Act,

4. Allows the CAMTC to take disciplinary action against a CAMTC certificate holder for, among other things, using sexually suggestive advertising for massage services, engaging in sexual activity while providing massage services; providing massage of the genitals; or being convicted of a felony, misdemeanor, infraction, or a municipal code violation substantially related to the qualifications, functions or duties of a massage service provider,

5. Prohibits a city from requiring CAMTC certificate holders to obtain a local permit or license, other than a business license, to practice massage therapy, and

6. Authorizes a city to adopt and enforce ordinances that govern zoning, business licensing, and reasonable health and safety requirements for massage establishments and CAMTC certified individuals;

D. Rather than maintaining a separate city permit scheme for massage service providers not certified by the CAMTC, the city will require all massage practitioners and massage therapists to obtain CAMTC certification. The CAMTC can better, and more efficiently, regulate massage practitioners and massage therapists for the community's protection. Requiring all individuals who give or perform a massage in the city to have CAMTC certification is in the public interest;

E. Although the Massage Therapy Act establishes minimum qualifications for entering the massage profession, a continued need for city regulation exists because:

1. Massage is a business that involves intimate contact between individuals, which creates opportunities for acts of prostitution and other unlawful sexual activity to occur. In fact, in this city, as in other cities, massage has been associated with unlawful or criminal activity, including prostitution, public indecency, and use of narcotics or illegal drugs, all of which pose a threat to the community's health, safety, welfare, and quality of life, and

2. A significant risk of injury can occur to massage patrons by improperly trained or insufficiently educated massage service providers. The city has a legitimate interest in providing reasonable safeguards against bodily injury and economic loss to massage patrons;

F. CAMTC's adoption of minimum standards for education, training, and experience to practice massage and the city's reasonable regulations for the conduct of massage service providers and for the operation of massage establishments, serve to reduce the potential for bodily injury and the risk of unlawful activity;

G. For these reasons, the city desires to amend Glendale Municipal Code Chapter 5.64, so that its provisions are consistent with the Massage Therapy Act;

H. The city's massage regulations are intended not only to protect the health, safety, and welfare of the public, but also to ensure that all massage service providers and massage establishments operate safely and legitimately; and

I. This chapter's provisions are not intended to be exclusive. Complying with Chapter 5.64's regulations will not excuse a person's noncompliance with federal, state, city, or other local laws or regulations, including zoning regulations, and building, fire, electrical, plumbing, health and safety codes, that uniformly apply to other individuals and businesses providing professional services.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.030 Definitions.

For the purpose of this chapter, the following words and phrases have the meanings ascribed to them, unless otherwise noted:

"Adult day care facility"

means an establishment or facility that provides non-medical care and supervision to an individual who is 18 years of age or older, where the care is provided for periods of less than 24 hours per day.

"Approved school"

has the same meaning as that term is defined in California Business and Professions Code Section 4601(a), or any successor legislation.

"Beautician"

means a barber, cosmetologist, manicurist, pedicurist, electrologist, or esthetician, licensed under California's Barbering and Cosmetology Act (Business and Professions Code, Chapter 10, Sections 7301 to 7426.5, or any successor legislation) who, while fully clothed, gives or performs a massage only on the scalp, face, neck, shoulder, arm, hand, leg (below the knee), ankle, or foot of a patron, who is fully clothed, for a cosmetic or beautifying purpose.

"Bona fide non-profit organization"

means a fraternal, charitable, religious, benevolent, or other nonprofit organization having a regular membership association whose:

1. Purpose is primarily for mutual social, intellectual, athletic, political, civic welfare, or a similar purpose;

2. Admission is limited to its members and guests;

3. Revenue, which accrues from its membership, is used exclusively for the benevolent purposes of the organization; and

4. Organization is exempt from taxation under the internal revenue laws of the United States as a fraternal, charitable, religious, benevolent, or non-profit organization.

"CAMTC"

means the California Massage Therapy Council, the non-profit organization that:

1. The state legislature created by enacting California Business and Professions Code Sections 4600 to 4621, or any successor legislation; and

2. Regulates the practice of massage within the state.

"CAMTC certificate"

means the certificate, under California Business and Professions Code Section 4604, 4604.1, or 4604.2, or any successor legislation, that the CAMTC issues to an individual who:

1. Meets or exceeds the organization's minimum standards for education, training, and experience to practice massage; and

2. Passes fingerprinting and background checks.

"CAMTC identification card"

means the identification card, issued by the CAMTC, that:

1. Identifies an individual as a CAMTC massage practitioner or a CAMTC massage therapist; and

2. Shows the individual's photograph, name, city of residency, CAMTC certificate number, certificate expiration date, and other information that the CAMTC may now or later place on the card.

"CAMTC massage practitioner"

means an individual who has a CAMTC certificate under California Business and Professions Code Section 4604.1, or 4604.2, or any successor legislation.

"CAMTC massage therapist"

means an individual who has a CAMTC certificate under California Business and Professions Code Section 4604, or any successor legislation.

"CAMTC sole provider"

means a CAMTC massage practitioner or a CAMTC massage therapist who:

1. Owns 100% of the massage establishment;

2. Is the only individual who gives or performs a massage; and

3. Does not have one or more employees.

"CAMTC sole proprietor"

means a CAMTC massage practitioner or a CAMTC massage therapist who:

1. Owns 100% of the massage establishment;

2. Is the only individual who gives or performs a massage; and

3. Has one or more employees.

"Chair massage"

means a massage by an individual, who is fully clothed, of the scalp, face, neck, shoulder, back area (above the waist), arm, or hand of another individual, who is fully clothed and who is seated in a chair, during which the massage:

1. Is equally available to, and is in full view of, other customers, patrons, clients, participants, members, or guests; and

2. Occurs while the establishment, facility, office, premises, area, location, place, or site is ordinarily open for business or admission.

"Compensation"

has the same meaning as that term is defined in California Business and Professions Code Section 4601(c), or any successor legislation.

"Conviction" or "convicted"

means:

1. A plea of guilty;

2. A verdict of guilty by a judge or jury; or

3. A plea of nolo contendere.

"Disqualifying conduct"

means an individual who was convicted in a court of competent jurisdiction of:

1. Any one or more of the following offenses, as proscribed in the corresponding statute, or any successor legislation:

a. California Penal Code Section:

i. 266h [Pimping];

ii. 266i [Pandering];

iii. 314 [Indecent exposure];

iv. 315 [Keeping or residing in a house of ill fame];

v. 316 [Keeping a house for prostitution];

vi. 318 [Prevailing upon a person to visit a place of illegal gambling or prostitution];

vii. 647(a) [Engaging in lewd and dissolute conduct];

viii. 647(b) [Engaging in prostitution]; or

b. California Health and Safety Code Section 11550, or any offense involving the unlawful sale, distribution, or possession of a controlled substance specified in the following California Health and Safety Code sections:

i. 11054 [Controlled substances Schedule I];

ii. 11055 [Controlled substances Schedule II];

iii. 11056 [Controlled substances Schedule III];

iv. 11057 [Controlled substances Schedule IV];

v. 11058 [Controlled substances Schedule V];

2. An offense committed in another state which, if it were committed or attempted in California, would have been punishable as one or more of the offenses set forth in subsection 1 above;

3. A misdemeanor or felony offense that:

a. Involves:

i. Theft, fraud, dishonesty, or receiving or possessing stolen property;

ii. Use of force or violence upon another person;

iii. Sexual battery; or

iv. Sexual misconduct with a child; or

b. Substantially relates to:

i. The qualifications, functions, duties, or practice of a CAMTC massage practitioner or a CAMTC massage therapist; or

ii. The ownership, operation, or business of a massage establishment;

4. A felony, the commission of which occurred at a massage establishment; or

5. An offense, the commission of which requires registration as a sex offender under California Penal Code Section 290, or any successor legislation.

"Employee"

means a person, other than a CAMTC massage practitioner or a CAMTC massage therapist, or both, who performs any work or service at a massage establishment on a full-time, part-time, paid, unpaid, or contract basis, regardless of whether the person is designated as an employee, independent contractor, or otherwise.

"Employs or uses,"

in the singular or plural verb form, means any one or more of the following:

1. An individual to whom a massage establishment provides compensation for giving or performing a massage on a patron of the massage establishment; or

2. An individual whose association with a massage establishment is that of an independent contractor who receives compensation for giving or performing a massage on a patron of the massage establishment; or

3. An individual who:

a. Receives one or more patron referrals from a massage establishment; and

b. At any time before or after the referral, arranges in any way for compensation to flow to the massage establishment, or any of its owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or the parties record the compensation in their financial records).

"Fitness facility"

means a health club, athletic facility, personal fitness center, gymnasium, country club, weight loss clinic, or weight reducing salon.

"Fully clothed"

means clothing or material which is opaque and which completely covers an individual from the base of the neck down to a point not to exceed four inches above the center of the knee cap.

"Full nudity" or "semi nudity"

means:

1. The showing or displaying of a specified anatomical area, or any portion of it; or

2. A state of undress in which a specified anatomical area, or any portion of it, is exposed with less than a full opaque covering.

"Health care facility"

means a clinic or a health facility that is licensed, or is exempt from licensure, under California Health and Safety Code Sections 1204, 1206, and 1250, or any successor legislation.

"Immediate family member"

means the following individuals who are related by blood, marriage, or adoption: parent, grandparent, spouse, child, grandchild, brother, or sister.

"Incidental"

means:

1. The gross annual revenue derived from an establishment's or a facility's offering, giving, or allowing one or more massages totals 15% or less, as reflected in a financial statement that:

a. An independent certified public accountant has certified as true and correct; and

b. The establishment or facility shall submit to the community development department for the director of finance's or a designee's approval; and

2. The floor space, location, or area used for offering, giving, or allowing one or more massages measures the following amount, whichever is smaller:

a. Two hundred fifty square feet or less; or

b. Fifteen percent or less of the establishment's or facility's total floor space, location, or area.

"Main entry door"

means a door from the outside of the massage establishment leading into the reception area.

"Massage"

means any method of treating the human body's external parts for relaxation, restoring or enhancing an individual's well-being, or another remedial or hygienic purpose that is offered, provided, given, or performed:

1. By rubbing, stroking, kneading, pounding, tapping, vibrating, stimulating, or using pressure on or friction against, the body's exterior;

2. With or without the aid of any one or more of the following:

a. Another individual's hand, foot, elbow, or body part;

b. An instrument, tool, appliance, or device that mimics or enhances the action of the hand;

c. Water, rubbing alcohol, liniment, antiseptic, oil, lubricant, salt scrub, powder, cream, lotion, ointment, or another topical preparation; or

d. Heat or cold, including a bath, shower, steam or vapor room, dry heat room, heat lamp, tanning lamp, fomentation, or similar treatment; and

3. For compensation, hire, gratuity, reward, or any form of consideration.

"Massage establishment":

1. Means all or any part of a building, facility, premises, vehicle, area, location, place, or site where:

a. A person engages in, conducts, or carries on a business of giving a massage; or

b. A person, other than a patron receiving a massage, allows or permits another person to engage in, conduct, or carry on a business of giving a massage.

2. Does not include:

a. A health care facility.

b. A bona fide non-profit organization.

c. An approved school.

d. An establishment, facility, premises, area, location, place, or site where:

i. A medical practitioner, registered nurse, beautician, coach or trainer, who meets the three conditions under Section 5.64.220(A) of this chapter, gives or performs a massage.

ii. An individual gives or performs a chair massage.

iii. An individual gives or performs a special event massage.

e. An establishment, facility, premises, area, location, place, or site listed in subsections (2)(e)(iii)(A) through (C) below, when it meets all three of the following conditions:

i. A CAMTC massage practitioner, or a CAMTC therapist, or both, give or perform a massage on-site;

ii. A massage is incidental to its business, function, operation, or service; and

iii. It does not hold itself out to the public as a massage establishment:

(A) A fitness facility.

(B) A sleep disorder center.

(C) An adult day care facility.

"Massage establishment owner certificate"

means the certificate that:

1. The director of community development or a designee issues to a massage establishment owner or operator;

2. Signifies that the person named on it has fulfilled the application or renewal application requirement under Section 5.64.080 of this chapter;

3. Is not a permit or license; and

4. Does not authorize the person to:

a. Conduct a lawful business in an unlawful manner; or

b. Operate the business without complying with all applicable federal, state, local, and city laws and regulations.

"Massage establishment owner certificate holder"

means the person to whom the city issues a massage establishment owner certificate under this chapter.

"Massage establishment owner or operator":

1. Means one or more persons who:

a. Own or operate a massage establishment; or

b. Directly or beneficially have an ownership or controlling interest, percentage, or share in the massage establishment.

2. Includes, but is not limited to, an individual who has a current, active, and valid CAMTC certificate:

a. A CAMTC massage practitioner.

b. A CAMTC massage therapist.

c. A CAMTC sole provider.

d. A CAMTC sole proprietor.

"Medical practitioner"

means a physician, surgeon, chiropractor, podiatrist, osteopath, acupuncturist, physical therapist, or another person licensed under California's Medical Practice Act (Business and Professions Code, Chapter 5, Sections 2000 to 2521, or any successor legislation), and an individual working directly under the medical practitioner's control and supervision.

"Operations manager"

means the individual or individuals whom a massage establishment owner or operator designates as the representative and agent to manage that massage establishment's day-to-day operations, including, but not limited to, taking responsibility for one or more of the following obligations:

1. Hiring, disciplining, discharging, supervising, directing, or assigning work to a CAMTC massage practitioner, CAMTC massage therapist, or employee; or

2. Ensuring that a CAMTC massage practitioner, CAMTC massage therapist, employee, and that massage establishment comply with this chapter's provisions and all laws.

"Patron"

means the individual who receives a massage.

"Person"

means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized.

"Reception area"

means an area, immediately inside the massage establishment's main entry door, that is:

1. Designed or used for the reception and waiting of patrons and visitors; and

2. Not a room, cubicle, or booth where a CAMTC massage practitioner or a CAMTC massage therapist gives or performs a massage.

"Registered nurse"

means a nurse licensed under California's Nursing Practice Act (Business and Professions Code, Chapter 6, Sections 2700 to 2838.4, or any successor legislation).

"Sexual conduct"

has the same meaning as that term is defined in California Penal Code Section 311.3(b), or any successor legislation.

"Sleep disorder center"

means a medical facility, clinic, or laboratory, under the supervision, direction, or control of a California licensed physician, for diagnosing, evaluating, or treating sleep related disorders.

"Special event massage"

means a massage by an individual, who is fully clothed, of the scalp, face, neck, shoulder, back area (above the waist), arm, hand, knee, leg (below the knee), ankle, or foot of another individual, who is fully clothed, and which meets all four conditions below:

1. The massage is equally available to, and is in full view of, other participants, players, spectators, guests, residents, or members of the public who are at an athletic, recreational, community, civic, or special event, that is open to the public, including:

a. An athletic competition,

b. A bicycle or runner's marathon,

c. A health fair, or

d. A festival;

2. The event occurs two or less times per calendar year;

3. The massage occurs while the event is ordinarily open for business or admission; and

4. The person giving or providing a massage:

a. Is not a sponsor of the event, and

b. Has received written approval from the events sponsor or sponsors to offer massages at the event.

"Specified anatomical area"

means:

1. A man's or woman's genitals, anus, or perineum; or

2. A woman's breasts, including the areola and nipple.

"Vehicle"

has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor legislation.

"Visitor":

1. Means an individual:

a. Whom a massage establishment owner or operator or an operations manager does not employ or use; and

b. Who is not receiving or waiting to receive a massage.

2. Does not include one or more representatives from the city, or from the Los Angeles County department of health services, or from both, who enforce this chapter's provisions.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.040 CAMTC certificate—Required.

A. An individual who gives or performs a massage shall obtain and maintain:

1. One of the following two CAMTC certifications:

a. CAMTC massage practitioner; or

b. CAMTC massage therapist.

2. A current, active, and valid CAMTC certificate.

B. A massage establishment shall employ or use one or more, or in combination, CAMTC massage practitioners or CAMTC massage therapists to give or perform a massage.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.050 Performing massage or employing an individual to give massage without a CAMTC certificate—Violation.

A. No individual, other than a CAMTC massage practitioner or a CAMTC massage therapist, shall give or perform a massage, unless the individual is exempt from this chapter's provisions under Section 5.64.220 of this chapter.

B. No CAMTC massage practitioner or CAMTC massage therapist shall give or perform a massage, unless the individual has a current, active, and valid CAMTC certificate.

C. No massage establishment shall employ or use an individual to give or perform a massage, unless the individual has a current, active, and valid CAMTC certificate.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.060 Massage establishment owner certificate—Required.

A. A massage establishment owner or operator shall obtain and maintain a current, active, and valid massage establishment owner certificate.

B. Regardless of whether a massage establishment owner or operator obtains a massage establishment owner certificate as subsection A of this section requires:

1. Sections 5.64.030 through 5.64.050, 5.64.070 through 5.64.090, and 5.64.150 through 5.64.210 of this chapter apply to the massage establishment; and

2. The city may:

a. Order the massage establishment without a massage establishment owner certificate to cease operations immediately; and

b. Enforce this chapter's provisions by exercising one or more remedies under Section 5.64.200 of this chapter, Chapter 8.30 of this code, or any other law.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.070 Massage establishment owner or operator—Certificate—Violation.

A massage establishment owner or operator shall not own, operate, conduct, maintain, or carry on a massage establishment under this chapter's provisions, unless the person:

A. First obtains a massage establishment owner certificate under this chapter; and

B. Complies with this chapter's requirements.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.080 Massage establishment owner or operator—Certificate—Application.

A. A massage establishment owner or operator shall:

1. Apply for a massage establishment owner certificate from the community development department;

2. Reapply for a massage establishment owner certificate, upon the certificate's expiration, if that massage establishment owner or operator continues to own, operate, conduct, maintain, or carry on a massage establishment; and

3. Comply with the requirements of subsection B of this section.

B. The director of community development or a designee shall not accept an application or a renewal application for a massage establishment owner certificate under this chapter, until the applicant has met all of the following conditions:

1. The applicant completes and files with the community development department the following documents:

a. A massage establishment owner certificate application;

b. A personal affidavit in support of application; and

c. An application for a business registration certificate under Chapter 5.100 of this code or any successor legislation, unless an application or a certificate is on file with the community development department;

2. The applicant furnishes:

a. A detailed floor plan, drawn to scale and with dimensions, that depicts and describes the massage establishment's:

i. Entrances and exits;

ii. Windows and interior doors; and

iii. Rooms and areas, identifying them as enclosed or unenclosed, including, but not limited to:

(A) Massage rooms, with the location of tables and chairs,

(B) Restrooms, showers, baths, steam rooms,

(C) Changing rooms,

(D) Waiting areas,

(E) Reception areas,

(F) Offices,

(G) Employee break rooms,

(H) Closets, storerooms, storage areas;

b. For copying and verification:

i. One of the following government-issued identification cards, which must be current, valid, and contain a photograph of the applicant:

(A) A driver's license or identification card issued by a department of motor vehicles in the United States,

(B) A United States passport,

(C) A United States permanent resident card,

(D) A United States military identification card,

(E) A United States Department of Homeland Security "Trusted Traveler" card (Global Entry, NEXUS, SENTRI, FAST), or

(F) An identification card bearing a bona fide seal by a foreign government; and

ii. The CAMTC certificate and the CAMTC identification card that CAMTC issued to:

(A) The applicant, when the applicant is a CAMTC massage practitioner or CAMTC massage therapist; and

(B) Each CAMTC massage practitioner and CAMTC massage therapist whom the massage establishment does, or will, employ or use;

c. A true, correct copy of the applicant's lease or rental agreement, if the applicant is not the property's legal owner, and a notarized statement from the property's owner, acknowledging that a massage establishment will be located on the owner's property; and

d. A current, full set of the applicant's fingerprints, but only when:

i. The applicant is neither a CAMTC massage practitioner nor a CAMTC massage therapist; or

ii. One or more persons who are listed on the application as the massage establishment owner or operator are neither a CAMTC massage practitioner nor a CAMTC massage therapist;

3. The applicant certifies on the forms, under penalty of perjury, that all facts, information, and statements are true, accurate, and correct. If the applicant is:

a. An individual, the same individual shall sign the application;

b. A corporation, an officer shall sign the application;

c. A partnership or limited partnership, a partner shall sign the application; or

d. A limited liability company or other business organization, a member, manager, or chief executive officer shall sign the application;

4. The applicant pays a nonrefundable application-investigation fee to the community development department; and

5. The applicant pays any other fee, and furnishes any other information, item, or document, that this chapter requires.

C. In the application form, the director of community development or a designee shall require the following information, authorization, and declaration from the applicant:

1. The applicant's full name, present address (residential and business), and telephone number (residential and business);

2. The applicant's last two addresses (residential and business) before the applicant's present address;

3. The address to which the city will give the applicant, and the massage establishment owner certificate holder, all notices and communications that this chapter requires or permits;

4. Whether the applicant is an individual, corporation, partnership, limited partnership, limited liability company, or another form of business organization:

a. If the applicant is a corporation:

i. The corporation's:

(A) Full name, as shown in its charter or in its articles or certificate of incorporation, and any fictitious names under which it operates or exists,

(B) State of incorporation, and

(C) Date of incorporation;

ii. The full name, present address (residential and business), telephone number (residential and business), and date of birth of each:

(A) Officer,

(B) Director, and

(C) Shareholder who owns more than 10% of the stock in that corporation, and the corresponding amount of stock owned;

iii. The corporation's current legal status or authorization, with the state of incorporation, to transact business (including, but not limited to: in good standing, suspended, restricted, or revoked); and

iv. The applicant shall attach a true, correct copy of the corporation's charter, or articles or certificate of incorporation, showing the file stamp or seal of the state of incorporation;

b. If the applicant is a partnership or limited partnership:

i. The partnership's or limited partnership's:

(A) Full name, and any fictitious names under which it operates or exists,

(B) State of filing or registration, and

(C) Date of creation;

ii. The full name, present address (residential and business), telephone number (residential and business), and date of birth of each partner and limited partner;

iii. The amount of each person's corresponding partnership or limited partnership interest, percentage, or share in the partnership or the limited partnership;

iv. The partnership's or limited partnership's legal status or authorization, with the state of filing or registration, to transact business (including, but not limited to: in good standing, suspended, restricted, or revoked); and

v. The applicant shall attach a true, correct copy of the partnership or limited partnership agreement, showing the file stamp or seal of the state of filing or registration; or

c. If the applicant is a limited liability company or another form of business organization:

i. The limited liability company's or the business organization's full name, and any fictitious names under which it operates or exists;

ii. The full name, present address (residential and business), telephone number (residential and business), and date of birth of each member, manager, or chief executive officer;

iii. The amount of each person's corresponding ownership or controlling interest, percentage, or share in the limited liability company or the business organization;

iv. The limited liability company's or the business organization's legal status or authorization, with the state of organization or registration, to transact business (including, but not limited to: in good standing, suspended, restricted, or revoked); and

v. The applicant shall attach a true, correct copy of the limited liability company's or the business organization's articles of organization or registration, showing the file stamp or seal of the state of organization or registration;

d. If one or more of the partners, limited partners, or members or managers of a limited liability company are a corporation, the applicant shall provide the same information about the corporation, as required in subsection (C)(4)(a) of this section;

5. The full and true name of the business under which the applicant will operate;

6. The applicant's date of birth;

7. The applicant's height, weight, color of eyes and hair;

8. The applicant's business, occupation, or employment for the last 10 years before the date of the application;

9. The applicant's current and prior permits, including licenses, to operate or maintain a massage establishment, or to give or perform a massage, or to do both, including:

a. The city, county, state, or government agency that issued the permit or license, and the issuance date;

b. If the permit or license was ever denied, suspended, restricted, revoked, non-renewed, or surrendered, the date of, and the reason for, its denial, suspension, restriction, revocation, non-renewal, or surrender; and

c. The applicant's business, occupation, or employment after the permit's or license's denial, suspension, restriction, revocation, non-renewal, or surrender;

10. All of the applicant's felony and misdemeanor convictions, including:

a. The date of conviction;

b. A description of the offense committed;

c. The name and address of the court where the conviction occurred; and

d. The court's case number for the conviction;

11. The applicant's education, training, experience, or expertise in operating or maintaining a massage establishment;

12. The full name, present address (residential and business), telephone number (residential and business), and date of birth of the person who will serve as the massage establishment's operations manager;

13. The full name, present address (residential and business), telephone number (residential and business), CAMTC certificate number, and the CAMTC certificate's expiration date of each CAMTC massage practitioner, or CAMTC massage therapist, or both, whom the applicant does, or will, employ or use at the massage establishment on a full-time, part-time, paid, unpaid, or contract basis, regardless of whether the person is designated as an employee, independent contractor, or otherwise;

14. The full name, present address (residential and business), telephone number (residential and business) of each person, other than a CAMTC massage practitioner or a CAMTC massage therapist, who does, or will, perform any work or service at the massage establishment on a full-time, part-time, paid, unpaid, or contract basis, regardless of whether the person is designated as an employee, independent contractor, or otherwise;

15. The full name, present address, and telephone number of the owner and lessor of the real property upon which the massage establishment will operate;

16. The applicant's authorization for the city, its officers, agents, employees, and representatives to:

a. Investigate and verify the information in the application and accompanying documents;

b. Obtain criminal history information, when required under subsection (B)(2)(d) of this section, through the set of fingerprints that the applicant provides; and

c. Seek additional information and documents, including, but not limited to:

i. Other jurisdictions' permits, licenses, and disciplinary action;

ii. Financial background; and

iii. Employment history; and

17. A declaration stating that:

a. The massage establishment will employ or use only individuals who have a current, active, and valid CAMTC certificate to give or perform a massage;

b. The applicant will disclose to the city any change in the information supplied in the application within 10 days of that change;

c. After the city has reviewed and approved the floor plan submitted with the application, the applicant or the massage establishment owner certificate holder will not make changes to the floor plan without the city's written approval; and

d. The massage establishment owner or operator and the operations manager will be jointly responsible for the conduct and acts of one or more CAMTC massage practitioners, CAMTC massage therapists, employees, and individuals who are under the massage establishment owner's or operator's or the operations manager's direction, control, or supervision, while those individuals are on duty at the premises or while the massage establishment is open for business.

D. The director of community development or a designee may require, and the applicant or massage establishment owner certificate holder shall furnish, other information, items, or documents that the city deems necessary or appropriate for the city's:

1. Conducting a background investigation of the applicant;

2. Verifying the truthfulness, accuracy, or correctness of the information provided by the applicant; or

3. Determining whether the applicant is qualified under this chapter to receive a massage establishment owner certificate.

E. The applicant or massage establishment owner certificate holder under this section:

1. Has a continuing duty to disclose to the city any change in the information supplied in the application, including a change in the following personnel at the massage establishment:

a. An operations manager, providing the information required under subsection (C)(12) of this section;

b. A CAMTC massage practitioner or a CAMTC massage therapist, furnishing:

i. The CAMTC certificate and CAMTC identification card required under subsection (B)(2)(b)(ii) of this section; and

ii. The information required under subsection (C)(13) of this section; and

c. An employee or a person performing any work or service at the massage establishment, providing the information required under subsection (C)(14) of this section.

2. Shall file with the community development department an amended application form, without having to pay the application investigation fee specified in subsection (B)(4) of this section, within 10 days of that change.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.090 Massage establishment owner or operator—Certificate—Application—Investigation.

A. For review of the completed massage establishment owner certificate application, investigation of the applicant's background, and inspection of the proposed massage establishment, the director of community development or a designee may refer the application to one or more city departments, or governmental agencies, or both.

B. A representative from a city department, another governmental agency, or both, shall:

1. Inspect the massage establishment; and

2. Report whether that establishment complies with applicable laws, codes, and regulations.

C. Within 30 days after the community development department receives the completed application, the city department reviewing the application shall recommend to the director of community development or a designee whether to:

1. Approve the application;

2. Approve the application and add one or more conditions or restrictions on the massage establishment owner certificate; or

3. Deny the application.

D. During the period in which a completed application for a massage establishment owner certificate is under investigation and review, if the applicant also seeks from the city, or one of its boards or commissions, discretionary approval for the massage establishment (including, but not limited to, a conditional use permit, a variance, or design review board approval):

1. The time that it may take the city, or one of its boards or commissions, to review, process, or decide on the application for discretionary approval will not count toward the 60 day period provided in Section 5.64.100 of this chapter; and

2. The director of community development or a designee will toll the 60 day period during which the application for discretionary approval is pending.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.100 Massage establishment owner or operator—Certificate—Issuance, denial, and other authorized actions.

A. Within 60 days after the director of community development or a designee receives the completed application for a massage establishment owner certificate, the criminal history information (if applicable), and the recommendations from the city departments, the director of community development or a designee shall:

1. Consider the recommendations of city and other officials investigating the application, along with any other relevant information; and

2. Based on any one or more of the grounds specified in Section 5.64.110 of this chapter:

a. Approve the application;

b. Approve the application and add one or more conditions or restrictions on the massage establishment owner certificate; or

c. Deny the application.

B. If the director of community development or a designee, for any reason, fails to take any action on the application, as described under subsection (A)(2)(a), (b), or (c) of this section, the application is neither automatically approved nor deemed approved.

C. After the director of community development or a designee issues a massage establishment owner certificate, the director of community development or a designee may take the following action, based on any one or more of the grounds specified in Section 5.64.110 of this chapter:

1. Suspend the certificate;

2. Revoke the certificate;

3. Impose new or additional conditions or restrictions on the certificate; or

4. Non-renew the certificate.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.110 Massage establishment owner or operator—Certificate—Grounds for issuance, denial, suspension, revocation, non-renewal, or new condition.

The director of community development or a designee may consider any one or more of the following criteria, factors, or circumstances, which the city finds, determines, and deems are relevant to owing or operating a massage establishment, to decide on the application's approval or denial, as described in Section 5.64.100(A)(2) of this chapter, or to take corrective or remedial action on the massage establishment owner certificate, as described in Section 5.64.100(C) of this chapter:

A. A submitted application:

1. Contains false, misleading, or fraudulent information;

2. Is incomplete; or

3. Omits required information, a required document, or a required item.

B. An applicant or massage establishment owner certificate holder:

1. Is ineligible for a certificate because of disqualifying conduct;

2. Operates a massage establishment under a false or assumed name;

3. Violates, or does not comply with, one or more:

a. Conditions or restrictions of a massage establishment owner certificate,

b. Conditions or restrictions of a permit, certificate, authorization, or discretionary approval from the city for operating the massage establishment,

c. Provisions of this chapter, or

d. Applicable (city, county, state or federal) laws, rules, or regulations;

4. Is a corporation, partnership, limited partnership, limited liability company, or another business entity that:

a. Cannot lawfully transact business in California, or is not lawfully licensed or registered to do business in California, or

b. Has one or more officers or directors, partners or limited partners, or members or managers who are ineligible to receive a massage establishment owner certificate:

i. Because of disqualifying conduct, or

ii. For any reason that makes an individual applicant ineligible to receive a massage establishment owner certificate under this chapter;

5. Procures a massage establishment owner certificate under this chapter by fraud, misrepresentation, deception, or mistake;

6. Allows or permits an individual, who does not have a current, active, and valid CAMTC certificate, to give or perform a massage;

7. Engages in an act of solicitation or prostitution;

8. Allows or permits any one or more of the following individuals to engage in, an act of solicitation or prostitution:

a. A CAMTC massage practitioner,

b. A CAMTC massage therapist,

c. An operations manager,

d. An employee, or

e. An individual who is under the massage establishment owner's or operator's or the operations manager's direction, control, or supervision;

9. Transfers or assigns, or attempts to transfer or assign, a massage establishment owner certificate issued under this chapter; or

10. Operates a massage establishment after the city denied, suspended, or revoked:

a. A massage establishment owner certificate issued under this chapter, or

b. A permit, certificate, authorization, or discretionary approval issued by the city.

C. Operating a massage establishment at the proposed or existing location, or the conduct or activity of the applicant, massage establishment owner certificate holder, a CAMTC massage practitioner, a CAMTC massage therapist, an operations manager, an employee, or an individual who is under the massage establishment owner's or operator's or the operations manager's direction, control, or supervision:

1. Violates, or does not comply with, one or more:

a. Provisions of this chapter, or this code, or both,

b. Applicable (city, county, state or federal) laws, rules, or regulations;

2. Creates or constitutes a public nuisance; or

3. Is injurious to the public's health, safety, welfare, or peace.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.120 Massage establishment owner or operator—Certificate—Denial and other authorized actions—Notice, hearing, and appeal.

A. This section's hearing and appeal procedures apply to:

1. An applicant whose application for a massage establishment owner certificate the director of community development or a designee:

a. Denies; or

b. Approves with one or more conditions or restrictions.

2. A massage establishment owner certificate holder whose massage establishment owner certificate the director of community development or a designee:

a. Suspends, revokes, or non-renews; or

b. Imposes one or more new or additional conditions or restrictions.

B. When the director of community development or a designee determines upon a preponderance of the evidence that one or more of the grounds specified in Section 5.64.110 of this chapter exist for taking the action described in Section 5.64.100(A)(2)(b) or (c), or Section 5.64.100(C), of this chapter, the director of community development or a designee shall:

1. Notify the applicant or the massage establishment owner certificate holder in writing of the proposed action, described in Section 5.64.100(A)(2)(b) or (c), or Section 5.64.100(C), of this chapter, that the director of community development or a designee is taking;

2. State in the notice:

a. The notice's issuance date,

b. The reason or reasons for the proposed action,

c. The date on which the proposed action will go into effect, and

d. The applicant's or massage establishment owner certificate holder's right, within 15 days after the notice's issuance date, to request a hearing with the city manager or a person whom the city manager designates; and

3. Give the applicant or the massage establishment owner certificate holder the written notice by certified mail, postage prepaid, or by personal delivery.

C. Within 15 days after the issuance date listed in the written notice of the proposed action, the applicant or the massage establishment owner certificate holder may appeal the proposed action by submitting to the community development department a written request for a hearing. The request for a hearing must:

1. Specify the ground or grounds for the appeal;

2. State facts that support each ground for the appeal; and

3. Identify documents or items, and attach a copy of them, that substantiate each ground for the appeal.

D. The city manager or designee shall set the hearing on a date not earlier than 14 days, and not later than 30 days, after the date that the community development received the request for a hearing.

E. The director of community development's or a designee's proposed action will go into effect and will become final action, and the applicant or massage establishment owner certificate holder will waive any appeal to the city manager, if the applicant or massage establishment owner certificate holder fails to do one or more of the following:

1. Request a hearing within 15 days after the issuance date listed in the community development department's written notice to the applicant or massage establishment owner certificate holder of the proposed action; or

2. Attend the hearing with the city manager or the person whom the city manager designates.

F. Within 15 days after the hearing date, the city manager or a designee shall:

1. Decide, upon a preponderance of the evidence, whether to uphold, reverse, or modify the proposed action; and

2. Give the applicant or massage establishment owner certificate holder written notice of the city manager's or a designee's final decision by certified mail, postage prepaid, or by personal delivery.

G. In addition to the action that the director of community development or a designee may take under described in Sections 5.64.100(A)(2)(b) or (c) and 5.64.100(C) of this chapter, the director of community development or a designee, at any time and without giving advance notice, without complying with subsection B of this section, and without holding a hearing, may suspend a massage establishment owner certificate for a period not exceeding 30 days, when necessary or appropriate to immediately protect the public's health, safety, welfare, or peace. After suspending the certificate, the director of community development or a designee shall give the massage establishment owner certificate holder written notice of the certificate's suspension in the manner described in subsections (B)(2) and (3) of this section.

H. If the director of community development, or the city manager, or either one's designee suspends, revokes, or non-renews a massage establishment owner certificate under this section, the massage establishment owner certificate holder, within three days after the issuance date listed in that city official's written notice of the suspension, revocation, or non-renewal, shall:

1. Cease operating, conducting, carrying on, managing, or maintaining the massage establishment; and

2. Return that certificate to the community development department.

I. The city manager's or a designee's decision is final and conclusive. An applicant or a massage establishment owner certificate holder aggrieved by the city manager's or a designee's final decision under this section's hearing and appeal procedures may obtain judicial review within the time and in the manner provided in California Code of Civil Procedure Section 1094.6, or any successor legislation.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.130 Massage establishment owner or operator—Certificate—Term; renewal.

A. If the director of community development or a designee grants the application, with or without conditions or restrictions, the massage establishment owner certificate:

1. Is valid for one year;

2. Must be renewed annually; and

3. Is in addition to any other license, permit, certificate, authorization, or discretionary approval that this code, a law, or a regulation requires.

B. This chapter's provisions govern the certificate's renewal. At least 30 days before the certificate's expiration date, a massage establishment owner certificate holder shall:

1. Submit a renewal application;

2. Pay the nonrefundable application-investigation fee specified in Section 5.64.080(B)(4) of this chapter; and

3. Comply with all other requirements and procedures for submitting an initial massage establishment owner certificate application for the first time under Section 5.64.080 of this chapter.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.140 Massage establishment owner or operator—Certificate—Transferability; change of location or name of business.

A. No massage establishment owner certificate holder shall sell, transfer, or assign, or allow a person to sell, transfer, or assign, a massage establishment owner certificate issued under this chapter. Upon the sale, transfer, or assignment of a massage establishment owner certificate issued under this chapter:

1. The certificate is null and void; and

2. The person to whom the massage establishment owner certificate holder sold or transferred the certificate shall apply for a massage establishment owner certificate in the same manner that Section 5.64.080 of this chapter provides.

B. Unless a massage establishment owner certificate holder obtains a new massage establishment owner certificate under Section 5.64.080 of this chapter, a massage establishment owner certificate holder shall not:

1. Operate under a name, or conduct business under a designation, not specified in the massage establishment owner certificate.

2. Change the location of the massage establishment from that which is shown on a massage establishment owner certificate.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.150 CAMTC certificate—Massage establishment owner certificate—Display; inspection.

A. While giving or performing a massage, or while on duty, a CAMTC massage practitioner or a CAMTC massage therapist shall:

1. Wear the CAMTC identification card on the outer most garment so that it is visible to a patron; and

2. Have in possession and make available for viewing the CAMTC certificate or a legible copy of it.

B. A massage establishment owner or operator shall display in a conspicuous place within the massage establishment the following certificates, so that patrons entering the premises can readily see the documents:

1. The CAMTC certificate, or a legible copy of it, of each CAMTC massage practitioner and CAMTC massage therapist whom the massage establishment employs or uses; and

2. The massage establishment owner certificate, or a legible copy of it.

C. A CAMTC massage practitioner, CAMTC massage therapist, massage establishment owner or operator, or operations manager:

1. Shall allow a city official or representative, at any time, to examine and copy any one or more of the items or documents described in subsections (A)(1) and (2) and (B)(1) and (2) of this section; and

2. Shall not refuse to show the item or document when requested to do so by a city official or representative.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.160 Massage establishment—Facility and operating requirements.

A. Facility Requirements.

1. A massage establishment owner or operator shall:

a. Place a sign, which complies with the city's sign laws and regulations, at the main entry door, identifying the premises as a massage establishment.

b. Give, perform, offer, or provide a massage only between the hours of 7:00 a.m. and 10:00 p.m. on any day, unless the massage establishment's conditional use permit sets different hours of operation and those hours will govern.

c. Not install, operate, or maintain a buzzer alarm or an intercom system at the massage establishment.

d. Provide:

i. A main entry door:

(A) From which all patrons and visitors must enter and exit; and

(B) Which must remain unlocked during regular business hours, unless the massage establishment owner or operator is a CAMTC sole provider or a CAMTC sole proprietor who has only one employee.

ii. A reception area that must face directly toward, and must be seen through, the required minimum exterior or interior glazed area described in subsection (A)(2) of this section.

iii. In accordance with the city's Building and Safety Code:

(A) Minimum ventilation and lighting for the massage establishment, including each enclosed room, cubicle, or booth where a patron receives a massage; and

(B) One or more water closets, urinals, lavatories, and drinking fountains within the premises.

iv. At least one unobstructed artificial light, white in color, the bulb of which is not less than 60 watts or 900 lumens, operating without a dimmer, and illuminating (without a strobing or flashing effect) inside each room, cubicle, or booth where a patron receives a massage.

v. For a patron who receives a massage:

(A) An opaque towel, opaque clothing, or opaque material which:

(1) Is clean and sanitary, and

(2) Completely covers the patron's specified anatomical areas;

(B) A stationary or portable massage table or chair that is covered with a durable, washable plastic or waterproof material. Use of a foam pad measuring more than three feet in width, three feet in length, and four inches in thickness, or a bed, a mattress, or a waterbed is prohibited; and

(C) Clean and sanitary towels, sheets, linens, and coverings for the head rest of each table. Common use of a towel, sheet, or linen is prohibited, unless it is laundered first.

vi. Enclosed cabinets, containers, or receptacles for separately storing clean towels and linens, and separately depositing soiled towels and linens.

e. Maintain all massage rooms, cubicles, walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and other physical facilities in a clean, neat, sanitary, and safe condition, and in good repair.

f. Clean and disinfect:

i. An instrument, tool, appliance, or device used in performing a massage;

ii. A wet and dry heat room, steam or vapor room, steam or vapor cabinet, shower compartment, toilet, and restroom each day the massage establishment is open for business; and

iii. A bathtub after each patron's use.

2. A massage establishment must have:

a. An exterior glazed area that fronts a public street, highway, sidewalk, common walkway, or parking area; or

b. An interior glazed area that fronts a common interior hallway.

3. The glazed area required in paragraphs (A)(2)(a) and (b) of this section must have:

a. The following minimum measurements—calculated as the net glazed area, exclusive of frames, handles, hardware, address numbers, or other visual obstructions:

i. Ten square feet in area. Any existing exterior or interior glazed area that exceeds 10 square feet must remain, and must not be reduced in area, or covered or obstructed, and

ii. Seven feet in height, as measured from the adjacent ground or floor surface. Any existing exterior or interior glazed area that exceeds seven feet in height must remain, and must not be reduced in area, or covered or obstructed;

b. A clear, undistorted, and unobstructed view of the massage establishment's interior space or reception area, when viewed at a distance of 10 feet or less from the glazing's exterior surface; and

c. A minimum visible transmittance (VT) of 70%, including any tint, treatment, or application on existing or new glazing in accordance with standards established by the National Fenestration Rating Council.

B. Operational Requirements.

1. A massage establishment owner or operator shall have an operations manager on duty during regular business hours:

a. Who, while the massage establishment is open for business, must wear a badge that states the operations manager's name and the word "manager"; and

b. Whose name and a photograph, measuring not less than four inches by six inches, must be posted conspicuously in the massage establishment's reception area while the massage establishment is open for business.

2. A CAMTC massage establishment owner or operator or an operations manager shall:

a. Not allow or permit:

i. A CAMTC massage practitioner, or a CAMTC massage therapist, or both, to give or perform a massage:

(A) Before 7:00 a.m. or after 10:00 p.m. on any day; or

(B) Before the opening hour or after the closing hour set in the massage establishment's conditional use permit which will govern the hours of operation.

ii. A patron, or a visitor, or both, to enter or remain in the massage establishment before or after the massage establishment's regular business hours.

iii. A patron to receive a massage unless at least one CAMTC massage practitioner or CAMTC massage therapist is present at the premises.

iv. A patron, or a visitor, or both, in an employee break room, closet, storeroom, or storage area.

v. One or more visitors in a room, cubicle, or booth where a patron receives a massage, except when:

(A) A patron is under the age of 18 years and the patron's parent or legal guardian is present during the massage;

(B) A patron has a child, who requires supervision and who is present during the massage; or

(C) A patron is elderly or disabled and needs assistance from the patron's aid, caretaker, or court appointed conservator, who is present during the massage.

b. Accept and process payment for a massage, including a gratuity or tip, only at a reception area or designated payment area, other than a room where a patron receives a massage.

c. Post inside each enclosed room, cubicle, or booth where a patron receives a massage, and in a reception area or designated payment area, easily visible to the patron:

i. A sign printed with letters that contrast against the background material and measure not less than one-half (0.5) inch in height, stating: "THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE."

ii. A schedule of services, printed in a minimum of 12 point type, listing the massage services offered, the corresponding price, and the minimum length of time for the service.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.170 Employees.

A. When a massage establishment owner or operator or an operations manager employs or uses a CAMTC massage practitioner, or a CAMTC massage therapist, or both:

1. The massage establishment owner or operator or the operations manager shall verify and ensure that a CAMTC massage practitioner, or a CAMTC massage therapist, or both, while giving or performing a massage, or while on duty at the premises, have a current, active, and valid CAMTC certificate.

2. The massage establishment owner or operator and the operations manager are jointly responsible for the act, omission, misconduct, or criminal act of any one or more of the following individuals, while those individuals are on duty at the premises or while the massage establishment is open for business:

a. A CAMTC massage practitioner;

b. A CAMTC massage therapist;

c. An employee; or

d. An individual who is under the massage establishment owner's or operator's or the operations manager's direction, control, or supervision.

3. An act, omission, misconduct, criminal act, or violation of one or more provisions of this chapter by an individual identified in subsection (A)(2) of this section is attributable to not only the individual, but also the massage establishment owner or operator and the operations manager.

4. The fact that the massage establishment owner or operator, or the operations manager, or both, did not have actual knowledge of an act, omission, misconduct, criminal act, or violation of one or more provisions of this chapter by an individual identified in subsection (A)(2) of this section is neither a defense nor a mitigating factor in a civil, criminal, or administrative action or proceeding.

B. While giving or performing a massage, or while on duty, a CAMTC massage practitioner, or a CAMTC massage therapist, or both:

1. Shall dress in professional attire based on the custom and practice of the massage profession in California, complying with the restrictions of California Business and Professions Code Sections 4609(a)(10)(A) through (E), or any successor legislation; and

2. Shall be neat and clean in appearance, and courteous and professional.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.180 Inspection.

A. At any time, one or more representatives from the city, or from the Los Angeles County department of health services, or from both, may inspect a massage establishment to determine whether that massage establishment is complying with this chapter's provisions.

B. A CAMTC massage practitioner, CAMTC massage therapist, CAMTC sole provider, CAMTC sole proprietor, massage establishment owner or operator, operations manager, employee, or an individual who is under the massage establishment owner's or operator's or the operations manager's direction, control, or supervision shall allow an official who enforces this chapter's provisions to enter, inspect, examine, photograph, videotape, or audiotape all or any part of that premises.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.190 Unlawful acts.

It is unlawful for:

A. A CAMTC massage practitioner, a CAMTC massage therapist, a CAMTC sole provider, a CAMTC sole proprietor, a massage establishment owner or operator, an operations manager, an employee, an individual who is under the massage establishment owner's or operator's or the operations manager's direction, control, or supervision, a patron, a visitor, or any other individual, while the individual is on duty at the premises or while the massage establishment is open for business, to:

1. Expose or fail to conceal a specified anatomical area;

2. Appear in a state of full nudity or semi-nudity;

3. Touch, rub, or fondle a specified anatomical area;

4. Give or perform a massage on a specified anatomical area, except that a CAMTC massage practitioner or a CAMTC massage therapist may give or perform a massage on a female patron's breasts with the patron's written consent and a referral from a licensed California health care provider, as specified in California Business and Professions Code Section 4609(a)(1)(F), or any successor legislation;

5. Engage in sexual conduct;

6. Sell, offer, provide, possess, use, or keep any one or more of the following items:

a. A contraceptive device, including a condom, spermicide, or other prophylactic; or

b. A sexually-oriented implement, paraphernalia, or device which is designed or marketed for, or the primary purpose of which is, stimulating human genital organs or sadomasochistic activity;

7. Sell, serve, offer, provide, possess, consume, use, or keep an alcoholic beverage, narcotic, or controlled substance;

8. Offer or suggest to a patron, or give or perform on a patron, a service that is not listed or identified on the posted schedule of services described under Section 5.64.160(B)(2)(c)(ii) of this chapter;

9. Charge a patron a fee, sum, or amount that is not listed or identified on the posted schedule of services described under Section 5.64.160(B)(2)(c)(ii) of this chapter;

10. Fail or refuse to allow, cause a delay of, or interfere with a lawful inspection, under Section 5.64.180 of this chapter, of the premises;

11. Install, place, use, or maintain a material, object, structure, or device inside or outside the massage establishment, any one of which or any combination of which blocks, obscures, blurs, darkens, impairs, or interferes with the view into the massage establishment's interior space or reception area. A material, object, structure, or device includes, but is not limited to:

a. A curtain, blind, or bead;

b. A tint, treatment, or application to a windowpane or glazing, except as Section 5.64.1 60(A)(3)(c) of this chapter requires;

c. A screen;

d. One or more signs that cover more than 25% of a windowpane or glazed surface; or

e. A shrub, tree, or plant.

B. A CAMTC massage practitioner, or a CAMTC massage therapist, or both, to give or perform a massage:

1. On an individual under the age of 18 years, unless a parent or a legal guardian is present during the massage.

2. After having been convicted of one or more offenses listed under disqualifying conduct.

3. While subject to a permanent injunction against maintaining or operating a nuisance under California Penal Code Sections 11225 to 11235, or any successor legislation.

4. Under a false or assumed name, or a name not specified in a CAMTC certificate, massage establishment owner certificate, business registration certificate under Chapter 5.100 of this code or any successor legislation, conditional use permit, or discretionary approval for the massage establishment.

5. After 10:00 p.m. or before 7:00 a.m. on any day, or before the opening hour or after the closing hour set in the massage establishment's conditional use permit which will govern the hours of operation.

C. A CAMTC massage practitioner, CAMTC massage therapist, CAMTC sole provider, CAMTC sole proprietor, massage establishment owner or operator, or operations manager to:

1. Operate under a name, or conduct business under a designation, not specified in a massage establishment owner certificate, business registration certificate under Chapter 5.100 of this code or any successor legislation, conditional use permit, or discretionary approval for the massage establishment.

2. Change the location of the massage establishment from that which is shown on a massage establishment owner certificate, business registration certificate under Chapter 5.100 of this code or any successor legislation, conditional use permit, or discretionary approval for the massage establishment.

3. Procure a massage establishment owner certificate by fraud, misrepresentation, deception, or mistake.

4. Transfer or assign, or attempt to transfer or assign, the massage establishment owner certificate.

D. A massage establishment owner or operator, or an operations manager, or both, to permit or allow any one or more of the following individuals—while on duty at the premises or while the massage establishment is open for business—to violate a provision of this chapter:

1. A CAMTC massage practitioner;

2. A CAMTC massage therapist;

3. An operations manager;

4. An employee;

5. An individual who is under the massage establishment owner's or operator's or the operations manager's direction, control, or supervision;

6. A patron; or

7. A visitor.

E. A massage establishment owner or operator, or a person, to establish, operate, conduct, carry on, manage, or maintain a massage establishment:

1. While subject to a permanent injunction against maintaining or operating a nuisance under California Penal Code Sections 11225 to 11235, or any successor legislation.

2. After the director of community development, or the city manager, or either one's designee has:

a. Denied an application or renewal application for a massage establishment owner certificate, unless all of the following conditions are met:

i. One year has passed following the date of the application's or renewal application's denial;

ii. The massage establishment owner or operator has applied for a massage establishment owner certificate in the same manner that Section 5.64.080 of this chapter provides;

iii. The application affirmatively shows, and the director of community development or a designee confirms, that one or more grounds upon which the initial or renewal application was denied no longer exist; and

iv. The director of community development, or the city manager, or either one's designee has approved the application and has issued a new massage establishment owner certificate.

b. Suspended the massage establishment owner's or operator's massage establishment owner certificate, while the suspension is in effect.

c. Revoked the massage establishment owner's or operator's massage establishment owner certificate, for a period of:

i. Five years following the date of conviction of a misdemeanor offense listed under disqualifying conduct; or

ii. Ten years following the date of conviction of a felony offense listed under disqualifying conduct.

F. A person to establish, operate, conduct, carry on, manage, or maintain a massage establishment at, within, or upon a building, facility, premises, vehicle, area, location, place, or site where—within the last 10 years—an individual was convicted of engaging in an act of prostitution under California Penal Code Section 647(b), or any successor legislation.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.200 Enforcement—Public nuisance—Abatement—Cumulative remedies and penalties.

A. Any one or more of the following city representatives has all necessary powers and authority to enforce this chapter:

1. The city manager or a designee;

2. The director of community development or a designee; or

3. A Glendale police department officer.

B. A massage establishment that is established, operated, conducted, carried on, managed, or maintained contrary to this chapter is unlawful and is a public nuisance, and the city declares that such conduct is unlawful and is a public nuisance.

C. A violation of this chapter is punishable under Section 1.20.010(A) of this code, or any successor legislation.

D. The administrative code enforcement remedies and procedures in Chapter 1.24 of this code, or any successor legislation, apply to this chapter.

E. In addition to, or in place of, prosecuting a criminal action under this chapter, the city attorney may take any one or more lawful steps, including, but not limited to, commencing one or more civil actions, or administrative proceedings, or both, in the manner provided by law, to:

1. Enforce this chapter's provisions;

2. Abate, remove, or enjoin the public nuisance; and

3. Enjoin a person or persons from:

a. Giving or performing a massage contrary to this chapter's provisions; and

b. Establishing, operating, conducting, carrying on, managing, or maintaining a massage establishment contrary to this chapter's provisions.

F. The prevailing party may recover attorney's fees and costs in any judicial action for the city's exercising one or more remedies under this section.

G. The remedies, penalties, or procedures that this chapter provides are cumulative to each other and to the remedies, penalties, or procedures available under this code and all other laws.

H. The director of community development or a designee may prepare, adopt, amend, repeal, and enforce rules, regulations, or procedures to implement and administer this chapter.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.210 Applicability to existing businesses; other laws.

A. This chapter's provisions are applicable to all persons and businesses described in this chapter, whether the activities described in this chapter were established before or after the effective date of the ordinance codified in this chapter.

B. This chapter is in addition to any other federal, state, or local law regulating massage. The city council intends this chapter to supplement, and not to duplicate or contradict, other applicable law.

(Ord. 5972 § 5, 9-14-2021)

§ 5.64.220 Exemptions.

This chapter's provisions do not apply to:

A. The following persons, when they meet all three conditions below:

1. They have a current, active, and valid license, permit, or certificate to practice or perform their respective profession or occupation;

2. They give or perform a massage only in connection with, and while in the course of, their profession or occupation; and

3. They do not hold themselves out to the public as a CAMTC massage practitioner or a CAMTC massage therapist:

a. Medical practitioners.

b. Registered nurses.

c. Beauticians.

d. Coaches or trainers of an athlete or athletic team.

B. Students enrolled in an approved school, when they practice or perform a massage:

1. On one another, or on a person who pays a nominal fee for the massage or receives it for free;

2. While either on the approved school's premises or at an off-campus activity, event, or function that the approved school organizes, arranges, or sponsors; and

3. Under the supervision, direction, or control of an instructor who is present on the premises during the massage.

C. A bona fide non-profit organization.

D. A person who gives or performs a massage at home on an immediate family member.

(Ord. 5972 § 5, 9-14-2021)