For the purposes of this chapter, the following words and phrases shall mean:
Chief of Police:
Seal Beach Chief of Police or his or her designee.
Customer:
any person on the premises of a massage establishment during operating hours who is not an owner, employee, independent contractor, or vendor of the massage establishment.
Director:
the Seal Beach Director of Community Development or his or her designee.
Employee:
any person who is employed by a massage establishment.
Health Officer:
The Orange County Health Department officer responsible for inspecting massage establishments in Seal Beach, or his or her designee.
Massage:
any method of treating the external parts of the body for remedial, health, or hygienic purposes. Massage includes, but is not limited to, massage by means of pressure, friction, stroking, kneading, rubbing, tapping, pounding; massage by means of stimulating the external parts of the body with any mechanical or electrical apparatus or appliances, or with rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations; and massage by means of baths, including, but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric or magnetic massages, alcohol rubs, aromatherapy, reflexology, or any other type of system for treating or manipulating the human body with or without the character of a bath.
Massage Establishment:
any establishment having a fixed place of business where any person engages in, conducts, or carries on, or so permits, the commercial practice of massage.
State Certified Massage Professional:
any person certified as a massage practitioner or massage therapist pursuant to Section 4601 of the California Business & Professions Code or any successor statute.
(Ord. 1630)
A. 
The provisions of this chapter shall not apply to the following persons when engaged within the scope of their respective professional duties:
1. 
Physicians, surgeons, chiropractors, osteopaths, or physical therapists duly licensed to practice their respective professions in the State of California.
2. 
Nurses registered under the laws of the State of California.
3. 
Barbers and beauticians duly licensed under the laws of the State of California. This provision shall apply solely to the massaging of the neck, face, scalp, and hair of the customer or client.
4. 
The medical staff of hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California.
5. 
Athletic coaches and trainers for either accredited high schools, junior colleges, and colleges or amateur, semi-professional or professional athletes or athletic teams.
B. 
The provisions of this chapter shall apply to independent contractors of such persons if the independent contractor is engaged in, or purports to be engaged in, the commercial practice of massage.
(Ord. 1630)
A. 
It is unlawful for any person other than a state certified massage professional to engage in the commercial practice of massage.
B. 
It is unlawful for any person to own, operate, or maintain a massage establishment unless each person engaging in massage at the establishment is a state certified massage professional.
C. 
It is unlawful for any owner or employee in charge or control of a massage establishment to employ or permit a person who is not currently a state certified massage professional to engage in the commercial practice of massage on the premises on the massage establishment.
(Ord. 1630)
A. 
It is unlawful to engage in the commercial practice of massage at any location other than a massage establishment established and operated in accordance with the requirements of federal, state, and local law, including, but not limited to, this code.
B. 
No massage establishment shall be established, expanded, or altered in a manner that requires a building permit without first obtaining a written determination by the director that the establishment complies with the requirements of this code. Upon request of the director, the owner or operator shall submit a site plan depicting how the establishment will comply with this code.
(Ord. 1630)
A. 
Any person who operates massage establishment or owns 5% or more of a massage establishment and who is not a state certified massage professional must pass a background check.
B. 
It is unlawful to establish, operate, or maintain any massage establishment operated or owned by any person who does not pass the background check required by this section.
(Ord. 1630)
A. 
All persons required to pass a background check must submit an application to the director on a form designated by the city, which shall include the following information:
1. 
The applicant's full true name, any other names used; date of birth, any other date of birth used; sex, height, weight, color of hair, color of eyes; California driver's license number, or California identification number; Social Security number, present residence address and telephone number.
2. 
Two photographs of the applicant, in a form acceptable to the chief of police, and, if required by the chief of police, the applicant's fingerprints.
3. 
The addresses of applicant's residences, and the dates of residency for each, during the prior 10 years.
4. 
The applicant's business, occupation, and employment history, and the dates thereof, for the prior 10 years.
5. 
The applicant's entire permit and license history, and the dates and types thereof, including any permit or license issued for a massage establishment, massage technician or adult business. The applicant must indicate whether any such permit or license was revoked or suspended and, if so, the reasons for the decision.
6. 
The applicant's entire record of criminal convictions (except non-felony traffic offenses) and ordinance violations, and the dates and places thereof.
7. 
Acceptable written proof that the applicant is at least 18 years of age.
8. 
The name and address of any massage establishment or other like establishment owned or operated by the applicant.
9. 
The name and address of the owner of the real property where the massage establishment is to be located. 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 must also be submitted.
10. 
A complete description of all services to be provided at the massage establishment and at any other business to be operated by the applicant on the same or adjoining premises.
11. 
If the applicant is a corporation, its name exactly as shown in its articles of incorporation or charter, its state and date of incorporation, and the names and residence addresses of each of its current officers, directors, and any stockholders holding more than 5% of the corporation's stock.
12. 
If the applicant is a partnership, the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of preceding paragraph pertaining to corporate applicants shall apply.
13. 
If the applicant is a corporation or partnership, the name of one of its officers or general partners who shall be its responsible managing officer. Such person shall complete and sign all forms and submit the application fee on behalf of the applicant. The responsible managing officer must meet all requirements applicable to the applicant.
14. 
Such other identification and information as may be required by the director to verify the information included in the application.
15. 
A statement by the applicant made under the penalty of perjury that all information submitted as part of the application is true and correct.
B. 
The application must be accompanied by proof of payment of an application fee in an amount established by city council resolution. The application fee shall be in addition to any other fee or business license or tax required by this code.
C. 
The applicant must notify the director of any change of address or other application information occurring during or after the background check process.
(Ord. 1630)
A. 
The director shall review all background check applications in consultation with the chief of police. The director will complete all background checks within 60 days of determining that the applicant has submitted all necessary information, unless the Department of Justice delays the process, in which case the director shall notify the applicant that additional time is needed.
B. 
The director shall approve the application if the results of the background check support all of the following findings:
1. 
The applicant is at least 18 years of age and possesses the requisite background and qualifications to operate or own a bona fide massage establishment.
2. 
The applicant has not violated or abetted the violation of any provision of this chapter, or any similar ordinance, law, rule or regulation of any other public agency regarding the operation of massage establishments.
3. 
The applicant has fully cooperated in the background check and has not made a material misrepresentation in the application.
4. 
The applicant does not have an adult entertainment permit issued by the city or similar permit in another jurisdiction.
5. 
The applicant has not within 5 years immediately preceding the date of filing the application:
a. 
Been convicted in a court of competent jurisdiction of, or entered a plea of guilty or nolo contendere to:
(1) 
Any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage technician; or
(2) 
Any felony the commission of which occurred on the premises of a massage establishment.
b. 
Had any massage establishment, operator, technician, practitioner, or trainee license or permit revoked, denied or suspended.
c. 
Been convicted in a court of competent jurisdiction of, or entered a plea of guilty or nolo contendere to:
(1) 
Any violation of Penal Code Sections 266(h), 266(i), 314, 315, 316, 318, or 647(a), (b), or (d), or any lesser included offense thereof or any other state law involving a crime of moral turpitude;
(2) 
Conspiracy or attempt to commit any such offense;
(3) 
Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses;
(4) 
Any felony offense involving the sale of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; or
(5) 
Any lesser-included offense of the above.
d. 
Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California.
e. 
Been required to register under the provisions of Penal Code Section 290.
C. 
The director shall notify the applicant in writing of the results of the background check. An approved background check shall be valid for the term of 2 years from the date of such notice.
(Ord. 1630)
A. 
Any person required by this chapter to obtain background check approval shall submit an application for renewal to the director no sooner than 60 days and no later than 45 days prior to the expiration of the previous approval.
B. 
A renewal application must be accompanied by proof of payment of a renewal application fee established by council resolution and the information and items required for an original application, except no additional photographs or fingerprints will be required if current versions of these are already on file with the city.
C. 
Background check renewal applications shall be reviewed in the same manner and on the same terms as an original application.
(Ord. 1630)
A. 
A previously approved or renewed background check may be revoked if either:
1. 
One or more of the findings required to approve or renew a background check can no longer be made; or
2. 
The background check was approved or renewed, in whole or in part, on the basis of a material misrepresentation or omission.
B. 
If the director determines that grounds for revocation exist, he or she shall post a notice of revocation at the location of all massage establishments owned or operated by the applicant and mail a copy of the notice by certified mail and regular mail, postage prepaid, addressed to the applicant at the address that appear on the latest application. The notice of revocation shall state the basis for revocation and include a copy of this section. The applicant may submit to the city clerk a request for a hearing not later than 10 days of the date of the notice of revocation. The request must be made in writing. If the applicant fails to request a hearing within 10 days of the date of the notice of revocation, the revocation shall be final.
C. 
If the applicant submits a timely request for a hearing, the director shall schedule the hearing to occur not later than 25 days after receiving the request. Notice of the time and place of the hearing shall be given to the applicant by personal service or via certified mail and regular mail, postage prepaid, at least 15 days in advance of the date set for the hearing.
D. 
The director shall conduct the hearing and receive oral testimony and other evidence. The director shall not be bound by the statutory rules of evidence in the conduct of the hearing, except that hearsay evidence may not be the sole basis for not revoking background check approval.
E. 
The director shall make his or her determination based upon the evidence presented in the record of the hearing and within 15 days of the conclusion of the hearing. The decision shall be in writing and shall contain written findings of fact and the director's conclusions. The director's decision shall be served upon the applicant by personal service or via certified and regular mail, postage prepaid sent to the address of the applicant contained in the application. The decision shall be effective upon personal service or, if service is by mail, then 2 business days following deposit with the United States Postal Service.
(Ord. 1630)
A. 
Any decision by the director to deny or revoke background check approval or renewal may be appealed by the applicant in accordance with this section. The appeal must be filed in writing with the city clerk not later than 10 days following the date of the notice of the determination. The written appeal must specify the basis for the appeal and the action requested. If no such appeal is timely filed, the decision of the director shall be final.
B. 
If the applicant submits a timely written appeal, the city manager shall schedule a hearing on the appeal to occur not later than 25 days after receiving the appeal. Notice of the time and place of the hearing shall be given to the applicant by personal service or via certified mail and regular mail, postage prepaid, at least 15 days in advance of the date set for the hearing.
C. 
The hearing on the appeal shall be de novo. The city manager, or his or her designee, shall act as the hearing officer and shall receive oral testimony and other evidence. The hearing officer shall not be bound by the statutory rules of evidence in the conduct of the hearing, except that hearsay evidence may not be the sole basis for revoking background check approval.
D. 
The hearing officer shall make his or her determination based upon the evidence presented in the record of the hearing and within 15 days of the conclusion of the hearing. The decision shall be in writing and shall contain written findings of fact and his or her conclusions. The hearing officer's decision shall be served upon the appellant by personal service or via certified and regular mail, postage prepaid sent to the address of the applicant contained in the application. The hearing officer's decision shall be effective upon personal service or, if service is by mail, then 2 business days following deposit with the United States Postal Service. The decision shall be final and conclusive and shall not be appealable to the city council.
(Ord. 1630)
Each massage establishment must comply with the following operational requirements in addition to any other applicable rules or regulations under federal, state, or local law.
A. 
The California Massage Therapy Council Certificate and photographs for each person providing massage services at the massage establishment must be displayed prominently on the premises in a location that can be readily viewed by customers or city representatives.
B. 
A list of all persons providing massage services at the establishment, including each person's full true name and other names used, photograph, and certificate from the California Massage Therapy Council must be provided to the director. Any changes to the persons providing massage services must be reported to the director within 10 working days of such change.
C. 
A list of the services provided to the public and the prices and minimum lengths for each must be available to the public in a conspicuous location on the premises.
D. 
Each massage establishment must keep a written record of the date and hour of each massage, the name and address of each customer, the name of the state certified massage professional administering the massage and the type of massage administered. The records must be maintained for a period of 2 years. Only those officials who are charged with enforcement of this chapter shall inspect these records and no information shall be used for any purpose other than enforcement of this chapter. No massage establishment owner or employee shall utilize the records in any manner unrelated to enforcement of this chapter.
E. 
Each massage establishment must be equipped at all times with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings, and linens must be stored in cabinets. Towels and linens must not be used on more than one customer or client, unless they have first been laundered and disinfected. Disposable towels and coverings must not be used on more than one customer or client. Soiled linens and paper towels must be deposited in separate, approved receptacles.
F. 
Adequate ventilation and lighting must be provided throughout the premises. Ventilation must be in accordance with Uniform Building Code Section 1105. Lighting must be in accordance with National Electric Code Article 220; and at least one artificial light of not less than 40 watts must be operative in each room or enclosure designated for massage.
G. 
At least one separate wash basin, providing soap or detergent and hot and cold running water, must be provided at all times for the use of employees. Such basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall be provided at each basin.
H. 
Each room or area in which massage is practiced must have a table designed and manufactured for medical or massage uses. No mattresses or beds are allowed. Massage tables must be covered with pads made of durable washable plastic or other waterproof material acceptable to the health officer.
I. 
All wet heat rooms, dry heat rooms, steam rooms, vapor rooms, showers, bathrooms, cabinet rooms, and pools must be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department as often as needed, but not less than once each day the premises are open. Bathtubs must be thoroughly cleaned with disinfectant approved by the Health Department after each use.
J. 
The walls, ceilings, floors, and other physical facilities of the massage establishment must be maintained in good repair and in a clean and sanitary condition at all times.
K. 
Instruments utilized in performing massage must not be used on more than one customer unless they have been properly sterilized between uses. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage must be provided on the premises.
L. 
Two or more customers may be provided massage services in a single room only if a state certified massage professional is present in the room at all times with the customers. No persons other than those receiving a massage, parents or guardians of a minor who is receiving a massage, and those administering a massage shall enter or remain within a room where a massage is being given takes place.
M. 
No person shall engage in any of the following sexual activities on the premises of the massage establishment: fondling or other erotic touching of specified anatomical areas; sex acts including, without limitation, intercourse, oral copulation, or sodomy; or masturbation.
N. 
No owner, employee, or independent contractor of a massage establishment shall expose his or her specified anatomical areas in the presence of any customer or guest or make intentional physical contact with the specified anatomical areas of any customer or guest.
O. 
Each customer's genitals must be fully covered at all times. No person shall massage the genitals of any customer. No person shall massage any female customer whose breasts are not covered by a sheet or other opaque clothing. No person shall massage any female customer's breasts.
P. 
All employees must be dressed in clean, opaque outer garments covering the body from knee to neck, excepting hands and arms, at all times while on the premises.
Q. 
Each employee must be provided individual lockers on the premises of the massage establishment.
R. 
No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming or using alcoholic beverages or controlled substances, except pursuant to a prescription for medication. The owner, operator, responsible managing employee, or manager must not allow any person in violation of this subsection to enter or remain upon the premises.
S. 
No massage establishment shall operate as a school of massage or use the same facilities as those of a school of massage.
T. 
No massage establishment shall place, publish or distribute, or so direct or permit, any advertising matter that depicts any specified anatomical areas.
U. 
All exterior doors shall remain unlocked during business hours from the interior side except when no staff is available to ensure the security of clients and massage staff who are behind closed doors.
(Ord. 1630)
A. 
Prior to first operating a massage establishment, the owner or operator must: (1) notify and cause the health officer to inspect the premises to ensure compliance with all applicable health laws and issue a report; and (2) submit a copy of the report to the director.
B. 
The health officer and every person authorized pursuant to this code to enforce this chapter shall each have the right to periodically enter and inspect any massage establishment for the purpose of ensuring compliance with all applicable laws and regulations.
(Ord. 1630)