Note: Prior ordinance history: Ords. 802-96, 817-97, 832-97,
844-98 and 1031-09.
It is the purpose and intent of this chapter to provide for
the orderly regulation of massage establishments and massage technicians,
as defined herein, in the interests of the public health, safety,
and welfare by providing certain minimum building, sanitation, and
health standards for massage establishments, to the extent permissible
by law.
(Ord. 1122-16 § 5)
means the certificate described in California Business and
Professions Code Section 4600, et seq.
means any method of applying 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, tonic, spray ointment,
or other similar preparations commonly used in this practice. The
term "massage" shall include the practice of acupressure unless specifically
noted otherwise.
means any establishment having a fixed place of business
where any individual, firm, association, partnership, corporation,
joint venture, or combination of individuals, engages in, conducts,
carries on or permits the aforementioned to engage in, conduct, carry
on, massages, baths, or health treatments involving massage or baths
as the principal functions.
means any individual, firm, association, partnership, corporation,
joint venture, or combination of individuals.
(Ord. 1122-16 § 5)
No person shall provide massage services from any location in
the city without a current valid California Massage Therapy Council
certificate.
(Ord. 1122-16 § 5)
This chapter shall not apply to the following classes of individuals
while engaged in the performance of duties of their respective professions:
A.
Physicians,
surgeons, chiropractors, osteopaths, or physical therapists who are
duly licensed to practice their respective professions in the state
of California.
B.
Nurses
registered under the laws of the state of California.
C.
Hospitals,
nursing homes, sanatoriums, or other health care facilities duly licensed
by the state of California.
(Ord. 1122-16 § 5)
Every massage establishment shall maintain facilities meeting
the following requirements:
A.
Massage
establishments shall comply with all code requirements.
B.
Minimum
ventilation shall be provided in accordance with the Building Code
of the city. To allow for adequate ventilation in cubicles, rooms,
and areas provided for patrons' use, which are not serviced directly
by required window or mechanical systems of ventilation, partitions
shall be constructed so that the height of partitions does not exceed
seventy-five percent of the floor-to-ceiling height of the area in
which they are located.
C.
All
plumbing and electrical installation shall be installed under permit
and inspections of the building inspection division and such installations
shall be installed in accordance with the Uniform Building Code and
Plumbing Code.
D.
Cabinets
and other covered space shall be provided for the storage of clean
linen. Approved receptacles shall be provided for the storage of all
soiled linen and paper towels.
E.
Disinfecting
agents and sterilizing equipment shall be provided for any instruments
used in performing acts of massage and said instruments shall be disinfected
and sterilized after each use.
F.
All
lavatories or wash basins shall be provided with hot and cold running
water, soap, and single service towels in wall mounted dispensers.
G.
The
walls in all rooms where water or steam baths are given shall have
washable, mold resistant surfaces.
H.
Pads
used on massage tables shall be covered with durable, washable plastic
or other acceptable water-proof material.
I.
Minimum
lighting shall be provided in accordance with Article 220 of the National
Electric Code and in addition at least one artificial light of not
less than forty watts shall be provided in each room or enclosure
where massage services are performed on patrons.
J.
Separate
massage rooms, separate dressing facilities, and separate toilet facilities
shall be provided for male and female patrons and each such separate
facility or room shall be clearly marked as such.
K.
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 that is capable of being locked for each patron
to be served, and a minimum of two toilets and two wash basins in
separate rooms, one for males and one for females, shall be provided
for every massage establishment.
L.
A minimum
of one separate wash basin shall be provided in each massage establishment
for the use of employees of any such establishment. The 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 sanitary towels in permanently installed dispensers
at each wash basin.
M.
A minimum
of one parking space is required for every two hundred square feet
of gross floor area.
N.
A recognized
and readable sign shall be posted at the main entrance of the proposed
establishment which identifies it as a massage establishment. Such
sign shall comply with all requirements of all city ordinances.
(Ord. 1122-16 § 5)
Every massage establishment shall comply with the following
requirements:
A.
Each
person employed or acting as a massage technician shall have a valid
certificate issued by the California Massage Therapy Council and it
is unlawful for the owner, operator, responsible managing employee,
manager, or permittee in charge of or in control of the establishment
to employ or permit a person to act as a massage technician as defined
in this code who is not in possession of a valid California Massage
Therapy Council certificate.
B.
Each massage establishment shall obtain and maintain a business license from the city pursuant to Chapter 5.05 of this code. Massage technicians who are employees of the massage establishment shall not be required to obtain and maintain a separate business license. Massage technicians employed or acting as independent contractors shall obtain and maintain a separate business license.
C.
Bath
and massage operations shall be carried on and the premises shall
be open only between the hours of seven a.m. and nine p.m. All customers,
patrons, and visitors shall be excluded from the premises when the
massage facility is closed.
D.
A list
of services available and the costs of such services shall be posted
in an open, public place on the premises and shall be described in
readily understandable language and all letters and numbers shall
be capitals not less than one-half inch in height. No owner, operator,
responsible managing employee, manager, or permittee shall permit
and no massage technician shall offer to perform services other than
those posted, nor charge a price in excess of those posted for the
provision of any service.
E.
All
patrons of the massage establishment shall be provided with clean
and sanitary towels, sheets, and linens in sufficient quantity. Towels,
sheets, and linens shall not be used by 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 each person and then discarded in a sanitary
receptacle.
F.
Wet
and dry heat rooms, steam or vapor rooms or cabinets, shower rooms
and compartments, toilet rooms and pools shall be thoroughly cleaned
and disinfected as needed and at least once each day the premises
are open, with a disinfectant approved by the health department. Bathtubs
shall be thoroughly cleaned with disinfectant approved by the health
department after each use. All walls, ceilings, floors, pools, showers,
bathtubs, steam rooms, and all other physical facilities for the establishment
must be in good repair and maintained in a clean and sanitary condition.
G.
No person
shall enter, be or remain in any part of a massage establishment while
in possession of, consuming, or using any alcoholic beverage or drugs
except pursuant to a prescription for such drugs. The owner, operator,
responsible managing employee, manager, or permittee shall not permit
any such person to enter or remain upon such premises.
H.
No owner,
operator, responsible managing employee, manager or permittee in charge
of or in control of a massage establishment shall, during the course
of any service or task associated with any element of a massage operation,
permit any person to massage or touch the genitals of another person.
I.
No massage
technician shall touch the genitals of a patron during the course
of any service or task associated with any element of the massage
operation.
J.
Condoms
or other contraceptives shall not be sold or provided at any massage
establishment.
K.
Due
to the requirement and need for accountability in the provision of
massage, it is unlawful for any massage establishment to permit a
massage technician to provide massage within the establishment unless
that massage technician is an employee directly accountable to the
holder of the massage establishment license.
L.
There
shall be an owner, operator, managing employee, or manager (hereinafter
managerial personnel) on the premises at all times the establishment
is opened for business. The managerial personnel shall wear a plainly
visible tag identifying them as managerial personnel. The owner or
operator shall submit the names of all managerial personnel to the
city prior to commencing operation or on the effective date of the
ordinance codified in this chapter, whichever occurs later. The permittee
shall update the list as the identity of managerial personnel changes.
M.
No massage
may be carried on behind locked, closed doors, unless the massage
establishment is a business entity owned by an individual with one
or no employees or independent contractors.
(Ord. 1122-16 § 5)
Any and all investigating officials of the city or the Los Angeles
County sheriff's department shall have the right to enter massage
establishments from time to time during regular business hours to
make reasonable inspections to observe and enforce compliance with
building, fire, electrical, plumbing or health regulations.
(Ord. 1122-16 § 5)
No person licensed to operate a massage establishment shall
operate under any designation not specified in the business license.
(Ord. 1122-16 § 5)
The owner or operator of a massage establishment shall display
the business license of the massage establishment and the California
Massage Therapy Council certificate of each and every massage technician
employed in the establishment in an open and conspicuous place on
the premises.
(Ord. 1122-16 § 5)
A.
It is
unlawful for any massage technician to perform massage services in
the city without a current valid California Massage Therapy Council
certificate.
B.
It is
unlawful for an operator of a massage establishment to violate the
provisions of this chapter.
C.
Any
violation of any provision of this chapter is punishable as an infraction
pursuant to Section 1.080.030 of this code or punishable as a misdemeanor
pursuant to Section 1.080.020 of this code.
(Ord. 1122-16 § 5)
In addition to any other penalty provided by law, any massage
establishment operated, conducted, or maintained contrary to the provisions
of this chapter shall be and the same is hereby declared to be unlawful
and a public nuisance and the city attorney may commence an action
or actions, proceeding or proceedings, for the abatement, removal,
or enjoinment thereof, in the manner provided by law; and shall take
such other steps and shall apply to such court or courts as may have
jurisdiction to grant such relief as will abate or remove such massage
establishment and restrain and enjoin any person from operating, conducting
or maintaining a massage establishment contrary to the provisions
of this chapter.
(Ord. 1122-16 § 5)
