The purpose and intent of the Council in enacting this chapter
is that the public health, welfare, safety and interest require the
licensing and regulation of the establishments, services and persons
herein defined by providing minimum building, health and sanitation
standards for such establishments and by providing minimum qualifications
for persons performing such services.
(O3014)
As used in this chapter, the following terms shall have the
meanings herein specified:
means any person who applies for a permit as required by
this chapter.
means any person, other than a massage technician, who renders
any service to the permittee, who receives compensation or any consideration
directly or indirectly from the permittee and who has no physical
contact with permittee's customers or clients.
means the Health Officer of the county or authorized representative.
means any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external parts of the body, for medical or hygienic purposes,
with the hands or with the aid of any mechanical or electrical apparatus
or appliances with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions, ointments,
unguents or other similar preparations commonly used in this practice.
means any establishment having a fixed place of business
wherein a principal function is such that massage is given, engaged
in or carried on or permitted to be given, engaged in or carried on.
Any establishment engaged in or carrying on or permitting any combination
of massage and bathhouse shall be deemed a massage establishment.
means any person, including a trainee, whether paid by fixed
salary or who is an independent contractor, who administers to another
person, for any form of consideration, a bath, massage, manipulation
of the body, electric vibration, magnetic stimulation or similar procedure.
means any person currently enrolled in a recognized school.
means any business, not licensed as a massage establishment
under provisions of this chapter, wherein a principal function is
such that massage is given, engaged in or carried on, or permitted
to be given, engaged in or carried on, not at a fixed location but
at a location designated by the permittee, massage technician, customer
or client.
means any individual, co-partnership, firm, association,
company, corporation or combination of individuals of whatever form
or character.
means any school or institution of learning, which school
or institution of learning has been approved pursuant to the Private
Post-Secondary Vocation Education Reform Act of 1989, commencing at
Section 94300 of the Education Code, and which has for its purpose
the teaching of a course consisting of 70 hours or more of the theory,
ethics and practice, methods, profession or work of massage technicians,
and which school or institutions of learning require a resident massage
technician be furnished with a diploma or certificate of graduation
from such school or institution of learning showing successful completion
of such course of study already approved by the California State Department
of Education.
Schools offering correspondence courses not requiring actual
attendance at class of a massage technician not approved by the California
State Department of Education shall not be deemed recognized.
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The foregoing definitions shall not include hospitals, nursing
homes, sanitariums, persons holding an unrevoked certificate of entitlement
to practice the healing arts under the laws of the state of California
or persons working under the direction and control of such persons
in any such establishments.
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(O3014)
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a massage establishment or an outcall massage service as defined in Section 5.32.020 without first having obtained a permit pursuant to this chapter in addition to any other permits required by law. For the purposes of these provisions, the Police Chief shall be the investigating official of the city who shall make the required investigation and who may be the designate of the City Manager in conducting the hearing upon the application for permit hereunder.
If the applicant is a corporation, the names and residence addresses
of each of the officers and directors of said corporation and of each
stockholder owning more than 10% of the stock of the corporation shall
be set forth. If applicant is a partnership, the names and residence
addresses of each of the partners including limited partners shall
be set forth.
The applicant shall furnish information from which the city
can determine whether the massage technicians, trainees or employees
who work in, or will work in, applicant's massage establishment or
engaged in the outcall service are employed on a salary or other fixed
compensation basis or are employed as independent contractors whose
compensation is based upon a percentage of the fee or money paid by
the customer or client for a massage or bath. If such technician,
trainee or employee is an independent contractor, applicant shall
file with his or her application, a copy of all written agreements
wherein the terms of such status are set forth, and applicant shall
furnish information showing the amounts of said fee or money paid,
or to be paid, and the method of computation thereof, under such agreements.
In addition to the foregoing, any applicant for such a permit
shall furnish the following information:
A.
Previous
addresses (if any) for the three years immediately prior to the present
address of applicant;
B.
Written
proof that the individual or partnership applicant is over the age
of 18 years;
C.
Individual
or partnership applicant's height, weight, sex and color of eyes and
hair;
D.
Two
portrait photographs at least two inches by two inches;
E.
Business,
occupation or employment of the applicant for the three years immediately
preceding the date of the application;
F.
The
history of the applicant in operation of a massage establishment or
similar business or occupation, including, but not limited to, whether
or not such person, in previously operating in this or another city
or state under permit, has had such permit revoked or suspended and
the reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation;
G.
All
criminal convictions other than for misdemeanor traffic violations
and the reasons therefor;
H.
The
name and address of each massage technician who is or will be employed
in said establishment;
I.
Such
other identification and information necessary to discover the truth
of the matters hereinabove specified as required to be set forth in
the application.
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Nothing herein contained shall be construed to deny to the investigation
official the right to take the fingerprints and additional photographs
of the applicant.
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(O3014)
A.
Upon
receipt of said application, the City Collector shall refer the application
to the Building Department, the Fire Department, the Police Department
and the Planning and Community Development Department, each of which
within a period of 30 days from the date of application shall review
records or make an inspection of the premises proposed to be devoted
as a massage establishment and shall make a written recommendation
to the City Collector concerning compliance with the respective requirements.
B.
The
City Collector shall, upon receipt of an application for a "massage
establishment" or "recognized school" cause a notice to be published
once in a newspaper of general circulation within 10 days of receipt
of said application. Such notice shall contain the applicant's name,
the street address of such establishment, a statement that a massage
establishment is intended to be carried on at said premises, and a
notice that any person may submit a written statement regarding the
proposed establishment to the Police Chief by a specified date.
C.
The
City Collector shall upon receipt of an application for a "massage
technician," "massage technician trainee," "outcall massage service,"
submit said application to the Police Chief for investigation and
approval/denial.
(O3014; O3049)
The Police Chief shall review applications submitted pursuant
to this chapter and issue such permit if upon investigation it is
found:
A.
That
the operation, as proposed by the applicant, if permitted, would comply
with all applicable laws, including, but not limited to, the city's
building, zoning and health regulations.
B.
That
the applicant has not been convicted in a court of competent jurisdiction
of an offense involving lewd conduct; or an offense involving the
use of force and violence upon the person of another; or a crime requiring
registration under Section 290 of the State Penal Code, or of any
violation of Sections 311 through 311.7, 314, 315, 316, 318 or 647(a),
(b) or (d) of the State Penal Code.
C.
That
the applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statement of facts in the permit application
or in any other document required by the city in conjunction therewith.
Otherwise, said permit shall be denied. In the event of denial,
notification and reasons for denial shall be set forth in writing
and shall be sent to the applicant by means of registered or certified
mail or hand delivery.
(O3014; O3049)
Upon application, the Police Chief shall be authorized to issue a temporary massage establishment permit to any applicant who is currently the owner or operator of such an establishment pending review and investigation of the application submitted herein. Such temporary permit shall remain in effect for a period of 30 days or until issuance of the permit applied for, unless said permit has been denied for any of the reasons set forth in Section 5.32.050, in which event said temporary permit shall be of no further force and effect.
(O3014; O3049)
All premises used by permittees hereunder shall be subject to
periodic inspection by the city for safety of the structure and the
proper installation of plumbing, ventilation, heating and sanitation.
One artificial white light of not less than 40 watts shall be provided
and be lighted in each room where a massage is being administered.
The walls shall be clean and painted with an approved washable, mold
resistant paint in all rooms where water or steam baths are given.
Floors shall be free from any accumulation of dust, dirt or refuse.
All equipment used in the massage operation shall be maintained in
a clean and sanitary condition. Separate restrooms shall be provided
for men and women.
No service described in subsection A of Section 5.32.020 shall be carried on within any cubicle, room or booth, or any area within a massage establishment, which is fitted with a door or closure capable of being locked or secured to entry.
Towels, sheets and linens of all types and items for personal
use of operators and patrons shall be clean and freshly laundered.
Towels, clothes and sheets shall not be used for 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 every person and then discarded into a sanitary
receptacle.
Dressing and locker facilities shall be available for patrons.
Security deposit facilities for the protection of the valuables of
patrons shall also be available.
(O3014)
No massage establishment or outcall massage service granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers, clients or patrons that any service is available other than those services described in the definitions of "massage" and "outcall massage service" of Section 5.32.020, nor shall any such establishment or service indicate in the text of such advertising that any service is available other than those so described.
(O3014)
Inspection officials of the city, including the Health Officer
and Police Chief, shall have the right to enter the premises from
time to time during regular business hours for the purpose of making
reasonable inspections to enforce compliance with building, fire,
electrical, plumbing or health regulations, and for the purpose of
determining that the provisions of this chapter, and other provisions
of law, are being complied with. In the event the applicant for either
a massage establishment permit or a massage technician's permit has
a contagious and communicable disease or venereal disease, or if the
applicant is in violation of any federal, state or local health law
or regulation, the application may be denied. In the event a permit
has been issued, it may be revoked or suspended in the manner set
forth in this chapter.
(O3014)
No massage establishment permit shall be transferable except
with the written approval of the Police Chief. An application for
such a transfer shall be in writing and shall be accompanied by the
applicable application, fingerprinting and investigation fees which
shall be nonrefundable. The application for such transfer shall contain
the same information as required herein for an initial application
for such a permit. In the event of denial, notification and reasons
for denial shall be set forth in writing and shall be sent to the
applicant by means of registered or certified mail or hand delivery.
(O3014; O3049)
It is unlawful for any person to practice massage as a principal,
an employee, or otherwise within the city, unless such person has
been issued a massage technician permit upon approval of the Police
Chief and such permit remains in effect in conformity with the provisions
of this chapter.
The application shall be upon a form provided by the City Collector
and shall set forth the following information:
A.
The
applicant's full name, residential address and residence telephone
number;
B.
The
name and address of the massage establishment where the applicant
is to be employed and the name of the owner of same;
C.
The
names and addresses of any and all previous establishments where applicant
has been employed as a massage technician;
D.
The
criminal record, if any, other than misdemeanor traffic violations,
of the applicant;
E.
Whether
any permit to engage in the practice of massage as a massage technician
or otherwise has previously been denied applicant or revoked and,
if so, the circumstances of such denial or revocation;
F.
A portrait
photograph of at least two inches by two inches, together with a complete
set of such person's fingerprints which shall be taken by the Police
Chief or agent;
G.
Written
proof that applicant is over the age of 18 years;
H.
A certificate
from a medical doctor stating that the applicant has, within 30 days
immediately prior to filing his or her application herein, been examined
and found to be free from any contagious and communicable disease
or venereal disease;
I.
Applicant
shall also furnish a diploma or certificate of graduation from a recognized
school wherein the method, profession and work of massage techniques
are taught.
(O3014; O3049)
All applications for a massage technician permit shall be accompanied
by the applicable application, fingerprinting and investigation fees
which shall be nonrefundable.
Upon receipt of said application, the City Collector shall refer
the application to the police department which, within a period of
30 days from the date of application, shall make investigation and
determination concerning compliance with the respective requirements.
(O3014; O3049)
The Police Chief shall approve and issue such permit if upon
investigation and the report filed it is found:
A.
That
the applicant has not been convicted in a court of competent jurisdiction
of an offense involving lewd conduct; or an offense involving the
use of force and violence upon the person of another; or a crime requiring
registration under Section 290 of the State Penal Code, or of any
violation of Sections 311 through 311.7, 314, 315, 316, 318 or 647(a),
(b) or (d) of the State Penal Code.
B.
That
the applicant has not knowingly and with intent to deceive, made any
false, misleading or fraudulent statement of facts in the permit application
or in any other document required by the city in conjunction therewith.
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Otherwise said permit shall be denied. In the event of denial,
notification and reasons for denial shall be set forth in writing
and shall be sent to the applicant by means of registered or certified
mail or hand delivery.
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(O3014; O3049)
Any person currently enrolled in a recognized school may apply for a temporary permit as a massage technician trainee. In addition to the payment of the fees required by Section 5.32.120 and the information required by Section 5.32.110, the applicant shall submit a letter signed by the director or administrator of applicant's recognized school showing the date the applicant was officially enrolled and the estimated date the applicant will graduate.
The applicant shall also submit a letter signed by the owner
or operator of a massage establishment, stating his or her willingness
to employ the applicant to do massage as a massage technician trainee,
working under his or her direct supervision and control, during the
time the applicant is completing the course of study as a massage
technician.
The massage technician trainee permit shall expire 90 days from
the date issued and is not renewable, except in the case of sickness
or accident for which reason the education was delayed. Applicant
is expected to complete his or her massage technician course of study
during the 90-day period the permit is valid. The trainee must, at
all times, comply with all laws and ordinances in effect and the failure
to comply may render the applicant ineligible to obtain a massage
technician's permit. Upon presentation of a copy of his or her diploma
or certificate of graduation from a recognized school, the trainee
will be issued the regular massage technician permit.
(O3014)
All persons engaged in doing massage in the city at the time these regulations become effective who cannot qualify for a massage technician permit shall have a period of 30 days within which to qualify as a massage technician trainee and obtain a massage technician trainee permit by making application therefor, paying the investigation fee and submitting information required under the provisions of Section 5.32.140.
(O3014)
The owner or operator shall display the massage establishment
permit issued and the permit of each and every massage technician
or massage technician trainee employed in the establishment in an
open and conspicuous place on the premises.
Massage technicians shall wear an identification name plate
which shall contain a photograph and surname of the technician, and
must be worn on the front of the outermost garment at all times during
the hours of operation of any massage establishment or outcall massage
service granted a permit pursuant to this chapter.
The operator of a massage establishment or an outcall massage
service must maintain a register, or written listing, of all persons
employed by him or her, whether as independent contractors or otherwise,
as massage technicians, trainees and employees and their permit numbers.
Such register shall be available for inspection at all times during
regular business hours.
(O3014)
Every massage establishment owner or operator shall report immediately
to the Police Chief any and all changes of address or ownership of
the massage establishment and any changes or transfers of massage
technicians or massage technician trainees employed in the business
or practice.
(O3014; O3049)
Any massage establishment or massage technician's permit issued
under this chapter shall be subject to suspension or revocation by
the Police Chief for violation of any provision of this chapter or
for any grounds that would warrant the denial of the issuance of such
permit in the first instance.
Prior to the suspension or revocation of any permit issued under
this chapter, the permittee shall be entitled to a hearing held before
the City Manager, at which time evidence will be received for the
purpose of determining whether or not such permit shall be suspended
or revoked or whether the permit may be retained. In the event the
permit is suspended or revoked, the notification and reasons for such
suspension or revocation shall be set forth in writing and sent to
the permittee by means of registered or certified mail or hand delivery.
(O3014; O3049)
Appeals to the Council from any denial, suspension or revocation
by the City Manager or any city department hereunder may be made within
10 days after notification of such action.
(O3014)
In addition to the remedies herein, or in this code provided,
the operation of massage establishment or of an outcall massage service
in violation of this chapter shall be deemed a public nuisance and
may be enjoined.
(O3014)
Any person who violates, or causes another to violate, any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 1.20.010 of this code.
(O3014)
