For purposes of this chapter, the following terms shall have
the following meanings:
shall mean the organization created pursuant to Chapter 10.5
of Division 2 of the Business and Professions Code.
shall mean a certificate, issued by a CAMTC-approved school,
certifying completion of the required curriculum in massage training.
shall mean a person who is certified by the California Massage
Therapy Council under subdivision (b) of Business and Professions
Code Section 4601 and who administers massage for compensation.
shall mean a person who is certified by the California Massage
Therapy Council under subdivision (c) of Business and Professions
Code Section 4601 and who administers massage for compensation.
shall mean the Director of Public Works or designee.
means any individual who:
In a particular week performs at least two hours of work within
the City of West Hollywood for an employer; and
Qualifies as an employee entitled to payment of a minimum wage
from any employer under the California minimum wage law, as provided
under Section 1197 of the California Labor Code and wage orders published
by the California Industrial Welfare Commission.
means any person, as defined in Section 18 of the California
Labor Code, including a corporate officer or executive, who directly
or indirectly or through an agent or any other person, including through
the services of a temporary service or staffing agency or similar
entity, employs or exercises control over the wages, hours, or working
conditions of any employee.
means any person who renders services for pay at a business
but is not an employee of that business.
shall mean and shall include any method of pressure on or
friction against, or stroking, kneading, rubbing, tapping, pounding,
manipulation, or stimulating the external parts of the body with the
hands or other parts of the body, with or without the aid of any mechanical
or electrical apparatus or appliances, or with or without supplementary
aids such as rubbing alcohol, liniments, antiseptics, oils, powder,
creams, lotions, ointments, or other similar preparations commonly
used in this practice. "Massage" shall include, but is not limited
to, any bath, facial massage, fomentations, massage, electric or magnetic
treatment, acupressure, shiatsu, alcohol rubs, and Russian, Swedish,
or Turkish baths.
shall mean any establishment having a fixed place of business
which provides or attempts to provide massages, or health treatments
involving massage, including any school of massage which performs
any such activity to any member of the public for any form of consideration
or gratuity.
shall mean any person who administers to any other person,
for any form of consideration or gratuity, a massage as herein defined,
including a student at a school of massage who administers a massage
to any person for payment whether the payment is given to the student
or to the school. This includes, but is not limited to, "massage practitioner"
and "massage therapist", as those terms are defined in Section 4601
of the California Business and Professions Code. A "massage technician"
does not include any person who is engaged in any healing art, other
than massage therapy, that is required to be licensed pursuant to
Division 2 of the Business and Professions Code of the State of California.
shall mean a business which provides massage services at
a location other than the massage establishment itself.
means a massage establishment where the owner owns one hundred
percent of the business, is the only person who provides massage services
for compensation for that business pursuant to a valid and active
certificate issued by the CAMTC or a valid massage technician license
and has no other employees or independent contractors.
(Prior code § 6356(a); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 09-824 § 1, 2009; Ord. 21-1166 § 2, 2021)
a.
No person
shall operate a massage establishment or off-premises massage business
without first obtaining the requisite business license.
1.
Exception.
A massage establishment license is not required for businesses that
only engage in the massage of the neck, face, or scalp, or the lower
arm and hand, or the lower leg and foot that is conducted in open
space not within a private room with any doors, curtains, or other
devices capable of being closed. Examples of such businesses include
barbers, beauticians, estheticians, and cosmetologists who are duly
licensed under the laws of the State of California while engaging
in practices within the scope of their licenses.
b.
No person
shall perform massage activities without first obtaining a massage
technician business license or CAMTC certification. Any license or
certification shall remain valid and in full force during all massage
activities.
(Ord. 21-1166 § 2, 2021)
In addition to the information prescribed by the Director, all
applications for a license to conduct a massage establishment or off-premises
massage business must contain the following information:
a.
The
complete address and all telephone numbers of the massage establishment
or offpremises massage business;
b.
A complete
list of the names and residence addresses of all proposed massage
technicians and employees employed by the massage establishment, together
with copies of all certificates issued by the California Massage Therapy
Council to such persons, if any, and the name and residence address
of the manager or managing employee proposed to be principally in
charge of the operation of the massage establishment;
c.
The
two previous addresses of the applicant immediately prior to the present
address of the applicant;
d.
Written
proof of the applicant's age, height, weight, color of hair and eyes
and sex;
e.
The
applicant shall undergo a fingerprinting criminal background investigation
using a form provided by the city;
f.
Two
passport photographs of the applicant;
g.
The
massage or similar business history and experience of the applicant,
including but not limited to, whether or not such person, in previously
operating a massage establishment or similar business in this or any
other city or state under license or permit, has had such license
or permit denied, revoked, or suspended and the reasons thereof;
h.
All
criminal convictions excluding traffic or infraction violations;
i.
Such
other information and identification deemed necessary by the Los Angeles
County Sheriff's Department; and
j.
Government
issued identification showing the applicant is eighteen years of age
or older.
(Prior code § 6356(b); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 08-800 § 2, 2008; Ord. 09-824 § 2, 2009; Ord. 21-1166 § 2, 2021)
In addition to the information prescribed by the Director, an
application for a massage technician license shall include the following
information:
a.
The
last two previous addresses, if any, immediately prior to the present
address of the applicant;
b.
The
applicant's height, weight, sex, color of eyes and hair;
c.
The
applicant shall undergo a fingerprinting criminal background investigation
using a form provided by the city;
d.
Two
passport photographs of the applicant;
e.
The
business, occupation or employment of the applicant for the three
years immediately preceding the date of the application;
f.
The
license history of the applicant and whether the applicant has had
a license for working as a massage technician revoked or suspended,
and the reason therefor. That history shall include the business activity
or occupation engaged in subsequent to such suspension or revocation;
g.
All
convictions except for traffic violations and infractions;
h.
The
location where the applicant intends to operate. If the applicant
will not operate from a specific location, the applicant will provide
the general area where it intends to operate;
i.
Documentation
of the applicant's experience as a practicing massage technician;
and
j.
Government
issued identification showing the applicant is eighteen years of age
or older.
(Prior code § 6356(c); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 08-800 § 2, 2008; Ord. 21-1166 § 2, 2021)
a.
Certificate or Diploma from State-Accredited Institution. The applicant must have been issued a certificate of completion
or diploma from a state-accredited institution or an institution deemed
by the CAMTC to be of equivalent standing.
1.
The
curriculum shall meet the education requirements established by Section
4604 of the California Business and Professions Code.
b.
The
applicant shall provide evidence that the applicant had successfully
passed a massage and bodywork competency assessment examination that
meets generally recognized psychometric principles and standards and
that is approved by the CAMTC.
c.
Background Investigation. Before a license is granted or
renewed and at such times as the West Hollywood Code Compliance Division
deems appropriate, the massage technician shall be subject to a background
investigation to verify that he or she has not been convicted of any
crime related to the provision of massage services or as outlined
in this chapter.
1.
In
the event that such an investigation by the West Hollywood Code Compliance
Division reveals the massage technician has been convicted of a crime
related to the provision of massage services or as outlined in this
chapter, the massage technician's license shall be deemed revoked
and of no further force or effect on the date of the conviction.
d.
Certified
massage practitioners and certified massage therapists shall not be
subject to the requirements of this section provided that the certified
individual is practicing consistent with the qualifications established
by their certification.
(Prior code § 6356(d); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 08-800 § 2, 2008; Ord. 09-824 § 3, 2009; Ord. 21-1166 § 2, 2021)
In addition to the licensing application requirements described
in this chapter, the following shall apply:
a.
The
city's Code Compliance Division in conjunction with the Los Angeles
County Sheriff's Department shall conduct a criminal background check
of the applicant and based on the background check results a license
may be denied, suspended, or revoked if the applicant:
1.
Has
within five years prior to the application date:
A.
Been required to register under the provisions of California Penal
Code Section 290 or register as a sex offender in any state of the
United States;
B.
Had a business permit or license denied, suspended, restricted or
revoked by any agency, board, city, county, territory, or state;
C.
Owns or owned any massage establishment, or any other businesses
that are or were subject to an injunction for nuisance pursuant to
Penal Code Sections 11225-11235 (red light abatement);
D.
Been convicted for a felony offense involving the sale of a controlled
substance; or
E.
Been convicted in any other state for an offense which, if committed
in this state, is punishable as one or more referenced offenses in
this subdivision.
2.
Has
within three years prior to the application date:
(Ord. 21-1166 § 2, 2021)
a.
Employee/Independent Contractor. No person shall render
any service or perform any massage unless that person is an employee
or independent contractor. For purposes of this subsection, "service"
includes all services tending toward the preservation, maintenance,
or operation of the business, business premises, or business property
of the employer. Any person rendering service for another, other than
as an independent contractor, or as a sole proprietor, is presumed
to be an employee.
1.
A
person providing labor or services for remuneration shall be considered
an employee rather than an independent contractor unless a massage
establishment licensee demonstrates that all of the following conditions
are satisfied:
A.
The person is free from the control and direction of the massage
establishment licensee in connection with the performance of the work,
both under the contract for the performance of the work and in fact.
B.
The person performs work that is outside the usual course of a massage
establishment licensee's business.
C.
The person is customarily engaged in an independently established
trade, occupation, or business of the same nature as that involved
in the work performed.
b.
Employment of Unlicensed Massage Technician Prohibited. A
licensee operator shall not hire or employ a massage technician unless
such massage technician possesses a valid license pursuant to this
chapter or unless such massage technician is a certified massage practitioner
or a certified massage therapist.
c.
Doors to Remain Unlocked. The front door of any massage
establishment and the doors of the cubicles in which massages are
being performed must remain unlocked during all hours of operation.
No electronic locking devices may be utilized on any entrance door.
This section shall not apply to sole providers.
d.
Cleanliness Requirements.
1.
Adequate
equipment for disinfection and sterilization of instruments used in
performing the massages shall be provided;
2.
Hot
and cold running water shall be provided at all times; and
3.
Separate
closed cabinets shall be provided for the storage of clean and soiled
linen and these cabinets shall be plainly marked: "Clean Linen" and
"Soiled Linen," respectively.
e.
Hygiene Facilities.
1.
Adequate
bathing, dressing, locker, and toilet facilities shall be provided
for patrons. A minimum of one tub or shower, one dressing room containing
a separate locker for each patron to be served, which locker shall
be capable of being locked, as well as a minimum of one toilet and
one washbasin, shall be provided in every massage establishment; however,
if male and female patrons are to be served simultaneously at the
establishment, separate bathing facilities, a separate massage room
or rooms, and separate dressing and separate toilet facilities shall
be provided for male and female patrons.
2.
A
minimum of one separate washbasin shall be provided in each massage
establishment for the use of employees of any such establishment,
which basin shall provide soap or detergent and hot and cold running
water at all times, and shall be located within or as close as practicable
to the area devoted to the performing of massage services. In addition,
there shall be provided at each washbasin sanitary towels placed in
permanently installed dispensers.
f.
Hours of Operation. The licensee operator shall not conduct
or operate a massage establishment between the hours of 10:00 p.m.
and 7:00 a.m. of any day, and shall exclude all customers, patrons,
and visitors therefrom between those hours. An off-premises massage
business shall not operate between the hours of 2:00 a.m. and 7:00
a.m. of any day.
g.
Maintenance of Premises and Equipment.
1.
All
walls, ceilings, floors, pools, showers, bathtubs, steamrooms, and
all other physical facilities of the establishment shall be in good
repair and maintained in a clean and sanitary condition;
2.
Wet
and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets,
and or shower compartments and toilet rooms shall be thoroughly cleaned
each day the business is in operation. Bathtubs shall be thoroughly
cleaned after each use;
3.
Clean
and sanitary towels and linens shall be provided for each patron of
the establishment or each patron receiving massage services. No common
use of towels or linens shall be permitted; and
4.
Standard
or portable massage tables shall be used with a durable, washable
plastic or other waterproof material as a covering. Foam pads more
than four inches thick or with a width of more than four feet may
not be used. Beds, mattresses, and water beds may not be used in the
administration of a massage.
h.
Sign Requirement. Every person licensed to operate a massage establishment under this chapter shall post a readable and recognizable sign adjacent to the main entrance of the premises identifying it as a massage establishment. Such sign shall conform to the provisions of Chapter 19.76 of this code.
i.
Recording of Activities Prohibited. No building or part
thereof where a massage establishment, or an off-premises massage,
is being conducted shall be equipped with any electronic, mechanical
or artificial device used, or capable of being used for recording
or videotaping, for monitoring the activities, conversation, or other
sounds in the treatment room or room used by customers.
j.
Off-Premises Massage Prohibited. No massage establishment
issued a license under this chapter shall send massage technicians
off the premises for the purposes of administering a massage, nor
shall the massage establishment or any part thereof be used by any
employee, operator, manager, or owner to receive or accept such requests
for off-premises massages, except when such off-premises massage is
permitted under this chapter.
k.
Dress Requirements.
1.
All
massage technicians, attendants, and employees of massage establishments
or offpremises massage businesses shall wear clean garments. These
garments must be of a fully opaque material and provide complete covering
of the genitals, genital area, buttocks, and breasts.
2.
No
massage technician or other person employed by or working in or on
behalf of a massage establishment licensed under this chapter, may
expose their genitals, buttocks, or breast(s), or make intentional,
occasional or repetitive contact with the genitals or anus of another
person.
3.
Each
establishment shall provide to all patrons, clean, sanitary, and opaque
coverings capable of covering the patrons' specified anatomical areas,
including the genital area, buttocks, and breasts. No common use of
such coverings shall be permitted and re-use of such covering is prohibited
until it is washed and cleaned.
4.
No
massage technician, while performing any task or service associated
with the massage establishment, shall be present in any room with
another person unless the person's specified anatomical areas (genitals,
buttock, and breasts) are fully covered.
l.
Manager Required. All establishments licensed under this
chapter shall have a responsible person on the premises to act as
a manager during all times which the establishment is open. This responsible
person must be familiar with the requirements of this chapter and
be capable of communicating the provisions of this chapter to employees
and patrons of the business or establishment.
m.
Employee Records. A complete list of all massage technicians,
and employees employed by the massage establishment shall be kept
on-site and shall be furnished to West Hollywood Code Compliance and
Los Angeles County Sheriff's Department personnel or other county
and state officials responsible for the health, safety, and welfare
of the public upon request. Such list shall contain the names of all
employees, copy of their government issued identification, date of
employment, and termination, if any, and the duties of each employee.
A complete set of all such information must be maintained in English
and such information must be retained in the register for a period
of at least two years following an employee's termination. Such employee
register must be available for inspection at the massage establishment
to representatives of the city during regular business hours.
n.
Posting of Certification/License. Copies of all CAMTC or
massage technician business licenses issued to any massage technician
employed by the massage establishment shall be posted in a conspicuous
location in clear view of the public.
o.
Human Trafficking Notice. All businesses engaging in massage shall post human trafficking notices in accordance with Chapter 9.14 of this code.
p.
Menu of Services. A menu of services shall be readily available
at all times to any person entering a massage establishment. Such
menu shall list each service offered, the price of the service and
the minimum length of time such service will be performed. The services
must be described in readily understandable terms and must be in English
and such other languages as may be convenient to communicate such
services. No services may be performed, and no sums may be charged
for such services other than those listed on the menu. All arrangements
for services to be performed must be made in a room in the massage
establishment that is not used for massage therapy unless no other
room exists in the massage establishment.
q.
Records of Treatments. Each massage establishment must keep
a record of the date and hour of each treatment, the name of the patron,
and the name of the massage practitioner, technician, or therapist
administering such treatment. A complete set of such information must
be maintained in English and the records available for inspection
by city representatives for the purposes of law enforcement and for
no other purpose. Identical records must be kept for outcall massage
therapy services and, in addition, must describe the address where
such services were rendered. All such records must be maintained for
a period of at least two years.
r.
Improper Solicitation or Performance of Services.
1.
No
massage may be provided to a patron that results in intentional contact,
or occasional and repetitive contact with the genitals, anus or areola
of any patron.
2.
No
massage technician or other person may, after the commencement of
any service for any patron, advise, suggest or otherwise indicate
to such patron that any additional service is available or ask or
inquire of such patron whether such patron desires any additional
service to be performed at that time, except with respect to services
that are listed in the menu of services.
3.
No
massage technician may perform any service for any patron that was
not ordered by such patron prior to the commencement of performance
of any service requested.
4.
No
massage technician or other person may offer to or perform any act
of prostitution as such term is defined in the California Penal Code.
s.
Prohibited Advertising. No massage establishment shall cause
to be placed, published, or distributed, including on the internet,
any advertising that would reasonably suggest to prospective clients
that any service is available other than those services listed as
described in compliance with the provisions of this chapter. No person
providing massage services shall advertise in any manner or form that
massage is provided for compensation unless a valid business license
has been issued by the city.
t.
Access.
1.
Massage
establishment clients shall enter and exit exclusively through the
main entrance of the massage establishment. The main entrance shall
be the door facing the street or, if no such door exists, the door
that is most visible to members of the public passing by the establishment.
2.
The
following persons may be allowed beyond the front lobby, located directly
inside the front door entrance during hours of operation: (A) massage
technicians or documented employees of the business; and (B) patrons,
who may be accompanied by no more than one family member or caregiver.
Any other persons found beyond the first interior door leading to
the inside of the premises, including, but not limited to, hallways,
massage rooms, or employee lounge areas will be in violation of this
chapter. Nothing contained in this section prohibits any employee
from being present in hallways or other areas necessary or relating
to such person's employment duties, nor prohibits any authorized repair,
maintenance or service personnel from being present in areas necessary
to the performance of such person's services, except that no such
employee or service personnel may be permitted in any massage room
or private cubicle while a patron is present in such room or space.
u.
Residential Use. No portion of any massage establishment
shall be used as a sleeping room or for any other residential purpose.
A massage establishment shall be presumed to be used for residential
purposes if any of the following items are maintained on the premises:
1.
Beds
or mattresses, other than professional massage tables;
2.
Bedding,
such as pillows, blankets, and sheets, other than those used for professional
massage tables;
3.
Sleepwear,
including, but not limited to, pajamas, nightgowns, and lingerie;
4.
Groceries
that require cooking, such as raw meats, poultry, fish; and grains;
or
5.
Clothing
that exceeds one change of clothing for each employee or independent
contractor who is present on the premises.
v.
Licensee Responsibility. The massage establishment licensee
shall be responsible for the conduct of all employees, agents, independent
contractors or other representatives, while on the premises of the
massage establishment and while providing any massage in or on behalf
of such establishment.
w.
Inspections. Representatives and officers of the city, including,
but not limited to, the West Hollywood Code Compliance Division, Building
and Safety Division, Los Angeles County Fire Department, Los Angeles
County Sheriff's Department, or other county and state officials responsible
for the health, safety, and welfare of the public, may inspect each
fixed-location massage establishment in the city during regular business
hours for the purpose of determining that all applicable laws are
met. Upon presentation of proper credentials by any such personnel
or employee, the applicant or licensee shall not interfere, prevent,
or unnecessarily delay such inspection.
x.
Identification Required. All persons working in or on behalf
of the massage establishment, including, but not limited to, massage
technicians shall have on their person or maintain on the premises
their government-issued identification and CAMTC identification card.
Such identification card must be provided to West Hollywood Code Compliance
and Los Angeles County Sheriff's Department personnel or other County
and State Officials responsible for the health, safety, and welfare
of the public upon demand.
(Prior code § 6356(e); Ord. 90-269 § 1, 1990; Ord. 95-451 §§ 29 – 31, 1995; Ord. 09-824 § 4, 2009; Ord. 17-1019 § 12, 2018; Ord. 21-1166 § 2, 2021)
