Note: Prior history: Prior code §§ 6411—6411.18
and Ords. 1632, 1470 and 1284.
(a)
This
chapter establishes permitting standards intended to comply with California
law and establish zoning, business licensing, and health and safety
guidelines for massage establishments.
(b)
This
chapter is not intended to be exclusive and compliance will not excuse
noncompliance with any state or local laws or regulations that are
uniformly applied to other professional or personal services businesses
including, without limitation, all zoning applications; business license
regulations; building, fire, electrical, and plumbing codes; and health
and safety code laws and regulations applicable to professional or
personal services businesses.
(c)
This
chapter establishes a local regulatory system that allows only state
certified massage therapists and massage practitioners to operate
within the city. This chapter is also intended to allow the city to
exercise broad control over land use in regulating massage establishments
and to impose and enforce reasonable and necessary fees and regulations,
compliant with existing law, while acknowledging the need to protect
legitimate business owners and massage professionals.
(Ord. 2084 § 4, 2011; Ord. 2120 § 7, 2015)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this chapter. Words and phrases not defined by this
chapter have the meaning set forth elsewhere in this code, the Business
and Professions Code, or Government Code.
means the California Massage Therapy Council created pursuant
to Business and Professions Code Section 4500.5(a).
means a person who is currently certified as a massage practitioner
by the CAMTC, and who administers massage for compensation.
means a person who is currently certified as a massage therapist
by the CAMTC, and who administers massage for compensation.
means the city of Monterey Park.
means the community and economic development director or
such other person designated by the city manager.
means any method of pressure on, or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
the external parts of the human body with the hands or with the aid
of any mechanical or electrical apparatus, or other appliances or
devices, with or without such supplementary aids as rubbing alcohol,
liniment, antiseptic, oil, powder, cream, lotion, ointment or other
similar preparations.
means and includes any massage establishment, parlor, or
any room, place or institution where massage is given or administered
by a massage technician as a service provided within a business establishment.
means any person, who gives, performs or administers to another
person a massage for any form of consideration.
means and includes person(s), firms, corporations, partnerships,
associations or other forms of business organization or group.
means and includes any of the following human anatomical
areas: genitals, pubic regions, anuses or female breasts below a point
immediately above the top of the areola.
means and includes all of the following:
(Ord. 2084 § 4, 2011; Ord. 2120 § 8, 2015)
The director is authorized to administer this chapter and to
promulgate administrative policies and procedures required to implement
the regulations set forth in this chapter.
(Ord. 2084 § 4, 2011)
(a)
Massage
Establishment. It is unlawful for any person to own, operate or maintain
a massage establishment unless all massage technicians employed by
the massage establishment hold a current, valid certification from
the CAMTC as a massage practitioner or massage therapist.
(b)
Massage
Technician. It is unlawful for any person to engage in, or carry on
the business or activities of a massage technician without a certification
from the CAMTC as a massage practitioner or massage therapist.
(c)
Off-Premises
Massage Service. It is unlawful for any person to own, operate, or
maintain an off-premises massage service in the city unless all massage
technicians employed by the off-premises massage service hold a current,
valid certification from the CAMTC as a certified massage practitioner
or certified massage therapist.
(Ord. 2084 § 4, 2011)
(a)
Every
person conducting, managing, operating, owning or in control of a
massage establishment or any other place that is open to the public
or is a private club, where facial massages, fomentations, massages,
electric or magnetic treatments, or alcohol rubs are administered
or given, or any public bathing place, which has in connection therewith
a steam room, dry or hot room plunge, swimming pool, shower, bath,
or sleeping accommodations, must obtain a conditional use permit.
(b)
Before
operating any massage establishment or becoming engaged in the occupation
of a massage practitioner or massage technician, the individual proposing
to conduct the business must obtain the required business license
to do so and, in addition, unless otherwise specified, is subject
to each and all of the terms, conditions and provisions of this chapter.
(Ord. 2120 § 9, 2015)
(a)
Any
person, association, partnership, or corporation desiring to operate
a massage establishment, that will own five percent or more of the
massage establishment, and that is not a certified massage practitioner
or certified massage therapist, must make an application to the director
for an investigation of the applicant's background and history. A
nonrefundable fee, in an amount set by resolution, must accompany
the submission of each application to defray the cost of investigation,
inspection and enforcement of this chapter. An annual nonrefundable
renewal fee will also be charged to defray associated costs of investigation,
inspection and enforcement.
(b)
Each
applicant for a background check must submit the following information:
(1)
The full true name and any other names used by the applicant;
(2)
The present address and telephone number of the applicant;
(3)
Driver's license number and social security number;
(4)
The proposed address of the massage establishment;
(5)
Each residence and business address of the applicant for the three
years immediately preceding the date of the application, and the inclusive
dates for such address;
(6)
Written proof that the applicant is at least eighteen years of age;
(7)
Applicant's height, weight, and color of eyes and hair;
(8)
Two photographs of the applicant at least two inches by two inches
taken within four months preceding the date of the application;
(9)
Applicant's business, occupation and employment history for the five
years immediately preceding the date of application;
(10)
The business license or permit history of the applicant, including
whether such applicant has ever had any license or permit issued by
any agency or board, city, county or state revoked or suspended, or
has had any professional or vocational license or permit revoked or
suspended and the reason(s) for the revocation;
(11)
All criminal convictions for any of the offenses set forth in this
chapter, and a statement of the dates and places of such convictions;
(12)
If the applicant is a corporation, the name of the corporation must
be set forth exactly as shown in the articles of incorporation or
charter, together with the state and date of incorporation and names
and residence addresses of each of its current officers and directors,
and each stockholder holding more than five percent of the stock of
the corporation. If the applicant is a partnership, the application
must set forth the names and residence addresses of each of the partners,
including the limited partners. If the applicant is a limited partnership,
it must furnish a copy of its certificate of limited partnership filed
with the county clerk. If one or more partners is a corporation, the
provisions of this section pertaining to corporate applicants will
apply. The applicant corporation or partnership must designate one
of its officers or general partners to act as its responsible managing
officer. Such person must complete and sign all application forms
required of any individual applicant under this chapter, but only
one application fee will be charged;
(13)
The name and address of the owner and lessor of the real property
upon or in which the massage establishment is to be operated, and
a copy of the lease or rental agreement. If the applicant is not the
legal owner of the property, a notarized acknowledgement from the
owner of the property that a massage establishment will be located
on his or her property is required for each massage establishment
permit location;
(14)
The full true names and other names used, the present addresses and
telephone numbers, driver's license numbers, and social security numbers,
and state certificates from the CAMTC or transitional licenses for
all massage technicians who will be working as employees or independent
contractors at each massage establishment permit location. The applicant
must provide the director with any changes in the massage technicians
that work at the massage establishment during the permit period within
ten working days of each change;
(15)
The director may require the applicant to furnish fingerprints when
needed for the purpose of verifying identification;
(16)
Such other identification and information as may be required by the
director in order to verify the information to be included in the
application.
(c)
The
city is allowed a reasonable time, not to exceed sixty days, in which
to investigate the information on the application. During the investigation
of the background information, a city representative including, without
limitation, a member of the police department, fire department, building
and safety division, planning division, or any authorized representative
thereof, may inspect, with or without notice during regular business
hours, the proposed place of business to determine whether it conforms
to the requirements of this chapter. Upon completion of the inspection,
the city representative must inform the director in writing of the
findings of the inspection.
(d)
Background
clearance will be issued, within sixty days of receipt of the application,
to any applicant who has furnished all of the information required
by this section in the application for such license, provided:
(1)
The applicant has not made a material false statement in the application
and that all massage technicians who will be working as employees
or independent contractors at each massage establishment permit location
possesses certification from the CAMTC as a massage practitioner or
massage therapist;
(2)
The applicant, if an individual, or in the case of an applicant which
is a corporation or partnership, any of its officers, directors, holders
or five percent or more of the corporation's stock, has not, within
five years immediately preceding the date of the filing of the application
been convicted in a court of competent jurisdiction of any of the
following offenses: Penal Code Sections 243.4; 261; 266a through 266j;
267; 314 to 316; 318; or 647(a), (b), (d); any offense requiring registration
under Penal Code Section 290 or Health and Safety Code Section 11590;
or any felony offense involving the possession, possession for sale,
sale, transportation, furnishing, or giving away of a controlled substance
specified in Health and Safety Code Sections 11054 to 11058, as amended;
or any offense in another state which, if committed in California,
would have been punishable as one or more of the heretofore mentioned
offenses; or any offense involving the use of force or violence upon
the person of another; or any offense involving theft, embezzlement
or moral turpitude;
(3)
The applicant is at least eighteen years of age; and
(4)
The applicant has not had a massage technician, massage establishment,
escort service, nude entertainment, nude photo studio or similar type
of license or permit suspended within one year or revoked within three
years immediately preceding the date of the filing of the application,
unless the applicant can show a material change in circumstances or
that mitigating circumstances exist since the revocation or suspension.
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
Before operating a massage establishment in the city, massage
establishment owners must comply with all applicable codes adopted
by the city, including, without limitation, the building, electrical,
and plumbing codes.
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
Any owner of a massage establishment or off-premises massage
service must display the CAMTC certificates for all massage technicians
prominently in a conspicuous place, capable of being viewed by customers
or city representatives, at every location where massage is performed
or conducted. For off-premises massage services, massage workers must
also carry a copy of their CAMTC certificate and display it to customers
upon request.
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
It is unlawful for owners of massage establishments or off-site
massage services to allow any person to perform massage that is not
a certified massage therapist or certified massage practitioner.
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
It is unlawful for owners of massage establishments or off-premises
massage services, or massage technicians, to conduct or allow any
of the following activities:
(a)
It
is unlawful for any massage technician or any other employee working
in a massage establishment or for an off-premises massage service,
or customers, patrons, or guests of the establishment or service,
to engage in any specified sexual activities upon the premises of
the massage establishment or the off-premises massage location.
(b)
It
is unlawful for any massage technician or other employee of a massage
establishment to expose specified anatomical areas in the presence
of any patron, customer, or guest.
(c)
In
the course of administering the massage, it is unlawful for any massage
technician or other massage establishment employee to make intentional
physical contact with the specified anatomical areas of any customer,
patron or guest.
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
It is unlawful for any massage establishment to operate unless
the massage establishment premises and operation comply with the following
minimum requirements:
(a)
Signs.
A readable sign must be posted at the main entrance identifying the
establishment as a massage establishment, provided, however, that
all such signs must otherwise comply with the sign requirements of
this code.
(b)
Lighting.
Minimum lighting must be provided in accordance with the California
Building Code, as adopted by this code, and, in addition, at least
one unobstructed artificial light of not less than nine hundred lumens
must be provided in each enclosed room or booth where massage services
are being performed on a patron.
(c)
Ventilation.
Minimum ventilation must be provided in accordance with the California
Building Code, as adopted by this code.
(d)
Disinfection
of Instruments. Instruments used for massage must be disinfected before
each use. Where instruments for massage are employed, adequate quantities
of supplies for disinfection must be available during all hours of
operation.
(e)
Water.
Hot and cold running water must be provided at all times.
(f)
Linen
Storage. Closed cabinets must be utilized for the storage of clean
towels and linen. After use, towels and linen must be removed and
stored in a separate container until laundered.
(g)
Dressing
and Toilet Facilities. Separate dressing and separate toilet facilities
must be provided for male and female patrons. This condition does
not apply to massage establishments that offer foot massage services
and provide no other form of massage services or other type of activity
regulated by this chapter.
(h)
Sanitary
Conditions. All walls, ceilings, floors, steam and vapor rooms, and
all other physical facilities for the massage establishment must be
kept in good repair and be maintained in a clean and sanitary condition.
(i)
Clean
Linen. Clean and sanitary towels and linens must be provided for patrons
receiving massage services. No common use of towels or linens is permitted.
(j)
Compliance
with Laws. The premises to be used must at all times comply with all
applicable state and local laws and regulations.
(k)
Any
room in which a massage establishment provides massage services may
not be used for residential sleeping purposes.
(l)
A
register of all individuals employed as massage technicians, and copies
of their current CAMTC certifications and massage technician business
licenses, must be maintained and available for inspection at all times
during regular business hours.
(m)
Each
person present in any area of the massage establishment outside the
waiting area or other areas open to any member of the public must
be a certified massage practitioner or certified massage therapist
or the massage establishment owner.
(n)
The
permits and certifications required by this chapter must be displayed
in an open and conspicuous public place on the premises.
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
This chapter does not apply to the following classes of individuals,
and no CAMTC certification is required of such persons, while engaged
in the performance of the duties of their respective professions:
(a)
Acupuncturists
who are duly certified to practice their profession in the state of
California.
(b)
Barbers,
beauticians, and cosmetologists with respect to scalp massage, who
are duly permitted pursuant to Business and Professions Code Section
7301, et seq., in accordance with the limitations of their permits.
(c)
Nurses
who are registered as such under the laws of the state of California.
(d)
Physicians,
surgeons, chiropractors, osteopaths, or physical therapists who are
duly permitted to practice their respective professions in the state
of California, or provide professional services in lawful compliance
with Corporations Code Section 13401(a).
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
Any massage establishment operated, conducted or maintained
contrary to the provisions of this chapter is unlawful and a public
nuisance. The city attorney is authorized, in addition to or in lieu
of any other legal or criminal proceedings, to commence an action
or proceeding for abatement, removal or enjoinment of such massage
establishment in the manner provided by law. The city attorney may
seek a court order to grant such relief to abate or remove such massage
establishments and restrain and enjoin any person from operating,
conducting or maintaining such an establishment contrary to the provisions
of this chapter.
(Ord. 2084 § 4, 2011; Ord. 2120 § 10, 2015)
(a)
Grounds
for Revocation. Except for a conditional use permit, the director
or city attorney may revoke approvals issued under this chapter for
one or more of the following grounds:
(1)
Fraud or Deceit. That the applicant practiced fraud or deceit in
obtaining an approval under this chapter;
(2)
Violation of Chapter. That the massage establishment owner, operator,
massage technician, or its employee violated a provision or provisions
of this chapter;
(3)
Criminal Conviction. That the massage establishment owner, operator,
massage technician, or its employee has been convicted in a court
of competent jurisdiction of any offense described in this chapter;
(4)
Improperly Maintained Facilities. That the facilities and operations
of the massage establishment are not kept in compliance with this
chapter, and that the owner or operator has failed to promptly remedy
any deficiency of which they have been notified. For purposes of this
subsection, "notice" means notice given personally or by leaving notice
at the massage establishment premises, or by first class mail, postage
prepaid, to the address designated by the massage technician or establishment
in accordance with this chapter;
(5)
Employment of Uncertified Technicians. That the massage establishment
has employed, allowed or permitted an uncertified person to perform
massage in the massage establishment;
(6)
Error. That the approval was issued in error;
(7)
Civil Penalties. Assessment of three or more civil penalties as provided
by this chapter during any six-month period; or
(8)
Prohibited Conduct. A massage establishment owner, operator, massage
technician, or its employee or agent has been found to have engaged
in prohibited conduct in violation of this chapter.
(b)
Notice
of Revocation. Upon a determination on the grounds to revoke an approval
under this chapter, the director or city attorney must cause a notice
of revocation to be mailed by first class, postage prepaid mail, to
the address designated by the massage technician or establishment
pursuant to this chapter.
(Ord. 2084 § 4, 2011; Ord. 2120 § 11, 2015)
(a)
Any
person violating any provision of this chapter is liable in a civil
action brought by the city attorney for an amount up to five hundred
dollars per violation. Such person is also liable for reasonable attorneys'
fees and costs incurred by the city attorney in any civil proceeding
filed to enforce this chapter.
(b)
Enforcing
this chapter through civil action may be filed as an alternative to
criminal enforcement. Civil enforcement does not require the violation
to be knowing or willful. A civil action cannot be filed if the person
is being criminally prosecuted.
(c)
Each
violation of this chapter is a separate offense subject to the civil
penalty.
(d)
The
city attorney may settle any civil enforcement before or after to
the filing of a civil action by imposing a civil penalty in an amount
not exceeding the potential civil liability, including attorneys'
fees, set forth in this section. If such civil penalty is paid in
full, the city attorney can agree not to file civil or criminal actions
or, if action has already been filed, may dismiss such action. Imposition
of all civil penalties is public record.
(e)
All
civil fines must be deposited into the general fund.
(Ord. 2084 § 4, 2011; Ord. 2120 § 12, 2015)
Any person denied an approval under this chapter or a massage establishment owner or operator whose approval has been revoked may appeal the denial or revocation in writing pursuant to the appeal procedures provided in Chapter 4.20 of this code. Such appeal must be in writing and must be filed with the city clerk not more than fifteen days following the director's deposit into the mail of the notice of denial or revocation sent to the applicant or massage establishment owner or operator to the address listed by the applicant or massage establishment owner or operator pursuant to this chapter. Any successful appeal will result in approval or reinstatement of an approval and refund of any fines collected by the city. Notwithstanding the foregoing, any appeal of a suspension or revocation of a conditional use permit issued to a massage establishment must comply with Chapter 21.32 of this code.
(Ord. 2084 § 4, 2011; Ord. 2120 § 13, 2015; Ord. 2128 § 2, 2016)
