The City Council finds and declares as follows:
(a)
The
licensing requirements imposed by this chapter are necessary to protect,
the health, safety, and welfare of the citizens of the city;
(b)
The
city is authorized by Government Code Section 51031 to regulate massage
establishments and impose reasonable standards relative to the skills
and experience of massage operators and massage therapists and the
conditions of operation of the massage establishment;
(c)
There
is significant risk of injury to massage clients with certain medical
conditions and this chapter provides certain safeguards against injury
and economic loss;
(d)
The
restrictions and requirements contained in this chapter reduce the
burdens on the City’s police force and permit the deployment
of personnel such that more serious crimes may be prevented;
(e)
The
regulations herein will promote the discouragement of massage establishments
from degenerating into houses of prostitution and the means utilized
in this chapter bear a reasonable and rational relationship to the
goals sought to be achieved.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
For the purpose of this chapter, the words, terms, and phrases
set forth in this section shall have the meanings herein set forth
unless the context clearly requires a different meaning.
means an establishment that provides massage, which is incidental
to the primary business, where the owner of the primary business is
responsible for the massage services and conduct of the massage therapists
employed at the location.
means California Business and Professions Code Chapter 10.5,
commencing with Section 4600, as amended.
means the non-profit organization formed pursuant to Business
and Professions Code Chapter 10.5, commencing with Section 4600, as
amended.
means a verdict or formal judgment of guilt, or entry of
a plea of guilty or nolo contendere in a criminal proceeding.
means the occurrence of any of the following events within
five years immediately preceding the date of filing of the application
in question or, in the case of nonrenewal, revocation or suspension
proceedings, within five years of the date of said notice of hearing.
A conviction in a court of competent jurisdiction of any of
the following:
Any misdemeanor or felony offense which relates directly to
the operation of a massage establishment, or during the performance
of a massage, whether as a massage establishment owner or operator,
or as a massage therapist;
Any felony the commission of which occurred on the premises
of a massage establishment;
Any crime specified in the California Penal Code Section 236.1,
266(h), 266(1), 315, 316, 318, 647(a), 647(b), 653.22, or 653.23;
Any crime specified in Government Code Section 51032;
Any felony offense involving the sale of a controlled substance
specified in California Health and Safety Code Section 11054, 11055,
11056, 11057, or 11058;
Conspiracy or attempt to commit any of the aforesaid offenses;
Any lesser-included offense of any of the aforesaid offenses;
Any offense in a jurisdiction outside of the State of California
which is the equivalent of any of the aforesaid offenses.
For purposes of considering whether to renew or revoke a license,
the licensee engaging in or committing any of the conduct described
in California Penal Code Section 236.1, 266(h), 266(1), 315, 316,
318, 647(a), 647(b), 653.22 or 653.23 or Government Code Section 51032.
The requirement to register under the provisions of California
Penal Code Section 290.
Becoming subject to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to California Penal Code Sections
11225 through 11235 or any similar provisions of law in a jurisdiction
outside the State of California.
Becoming subject to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to California Health and Safety
Code Sections 11570 through 11587 or any similar provisions in a jurisdiction
outside the State of California.
The denial, nonrenewal, suspension, or revocation of any certification,
license or permit issued by any State, County, City, or other local
government or certification organization recognized pursuant to State
law, within the United States for the operation of a massage establishment
or for the performance of massages, except that denial of license
or permit for the operation of a massage establishment shall not be
considered if the sole basis for the denial was the prohibition of
the use within the zoning or planning district in which the use was
proposed to be located, or the sole basis for the denial of massage
certification was due to inadequate education.
The business license administrator shall deny an initial application
for a massage establishment license or an application for renewal
of a massage establishment license if the business administrator finds
in writing:
That the applicant, massage establishment licensee, responsible
person and/or owners of the massage business, have engaged in unlawful
activity, or been convicted of any of the following offenses or convicted
of an offense outside the State that would have constituted any of
the following offenses if committed within the State;
That the applicant/responsible person, owners and/or employees
of the massage business have engaged in unprofessional conduct, including,
but not limited to, personal conduct or operation of a business resulting
in denial of a license, revocation, suspension, restriction, or any
other disciplinary action taken against an applicant, licensee, responsible
person, owner and/or employee by the City, by another State, by any
other governmental agency, or by the California Massage Therapy Council.
Touching the genitals, pubic regions, anuses, or female breasts
below a point immediately above the top of the areolae, whether or
not the same are covered, of oneself or of another person while providing
massage services or while within view of a customer or patron of the
massage establishment.
Exposing the genitals, pubic regions, anuses, or female breasts
below a point immediately above the top of the areolae of oneself
or of another person to view while providing massage services or while
within view of a customer or patron of the massage establishment.
includes every owner, partner, manager, supervisor, and worker,
whether paid or not, who renders personal services of any nature in
the operation of a massage establishment.
means a person who has been designated by an operator to
be responsible for the operation of a licensed massage establishment.
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 any establishment having a fixed place of business
where any individual, person, firm, association, partnership, corporation,
joint venture, limited liability company, or combination of individuals
that engages in, conducts, carries on, or permits to be engaged in,
conducted, or carried on for consideration, massages, baths, or health
treatments involving massages or baths as regular functions. The term
“massage” also includes the following businesses, callings,
or occupations:
means any person who administers massages, baths, or health
treatments involving massages or baths as the principal functions
to another person for any consideration whatsoever, and meets the
training and certification requirements established herein.
means a person who has been issued a license to operate a
massage establishment.
means any individual, firm, association, partnership, corporation,
joint venture, limited liability company, or combination of individuals.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
Exemptions.
This chapter shall not apply to the following classes of individuals:
(1)
Nurses or physical therapists who are duly licensed to practice their
professions in the State of California under the provisions of Business
and Professions Code, while performing activities encompassed by such
professional licenses;
(2)
Other health care personnel engaged in the healing arts as regulated
and licensed by California Business and Professions Code Division
2 while performing activities encompassed by such professional licenses;
(3)
Physicians, surgeons, chiropractors, acupuncturists, acupressurists,
or osteopaths who are duly licensed to practice their respective professions
in the State of California under the provisions of the Business and
Professions Code, or bona fide employees thereof, while performing
activities within the scope of their professional licenses;
(4)
Barbers, estheticians and beauticians who are duly licensed under
the laws of the State of California while engaging in practices within
the scope of their licenses;
(5)
Hospitals, nursing homes, sanatoriums, or other health facilities
duly licensed by the State of California;
(6)
Coaches and trainers in accredited high schools, junior colleges
and colleges or universities acting within the scope of their employment;
(7)
Trainers of amateur, semi-professional or professional athletes or
athletic teams so long as such persons do not practice massage therapy
as their primary occupation at any location where they provide such
services in the City; or
(8)
Any profession over which the State has assumed exclusive jurisdiction
as a matter of Statewide concern and which gives the services or treatments
included in the term “massage,” as herein defined, as
incidents to such business, calling or profession.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
Each massage establishment shall display its massage establishment
license, and the license of each massage therapist employed or performing
massages at the establishment in an open and conspicuous place on
the premises. Passport-size photographs of the licensee shall be affixed
to the respective license and permits on display pursuant to this
section.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
It
is unlawful for any person to own, operate, manage, engage in, conduct,
or carry on, in or upon any premises within the City, a massage establishment
without a massage establishment license obtained in accordance with
this chapter.
(b)
A
massage establishment license shall only be issued to the person signing
the application, after compliance of this chapter and all other applicable
provisions of this Code, including, but not limited to, the payment
of the appropriate application license fees, unless grounds for denial
of such license are found to exist.
(c)
A
separate license shall be obtained for each separate massage establishment
owned, operated, or managed by such person.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
A
completed application for a massage establishment license shall be
filed with the Chief Financial Officer, or designee.
(b)
The
completed application shall set forth the exact nature of the massage,
bath or health treatments to be administered, the proposed place of
business and facilities therefor, and the current and valid name and
address of the applicant. The applicant shall also furnish the following
information:
(1)
The previous addresses of applicant, if any, for a period of five
years immediately prior to the date of the application and the dates
of residence at each;
(2)
Applicant must provide all names, aliases and fictitious names used
in the past 10 years;
(3)
Written proof that the applicant is at least 18 years of age;
(4)
The history of the applicant as to the ownership, operation, or management
of any massage establishment or similar business or occupation within
five years immediately preceding the filing of the application. Such
information shall include, but is not limited to, a statement as to
whether or not such person, in previously owning, operating, or managing
a massage establishment within this State, County, City or other local
government or certification organization recognized pursuant to State
law, within the United States, under a permit or license, has had
such permit or license denied, revoked, suspended or is currently
under investigation and the reasons therefor; and the business, activity
or occupation the license applicant engaged in subsequent to such
action of revocation or suspension, unless the sole basis for the
denial of massage certification was due to inadequate education;
(5)
All criminal convictions of offenses described in Section 5-24.02 of this chapter; whether the applicant is required to register under the provisions of California Penal Code Section 290; whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Sections 11225 through 11235, California Health and Safety Code Sections 11570 through 11587 or any similar provisions of law in a jurisdiction outside the State of California;
(6)
Applicant’s height, weight, and color of eyes and hair;
(7)
Two prints of a recent passport-size photograph of applicant;
(8)
Business, occupation, or employment history of the applicant of the
five years immediately preceding the date of the application;
(9)
If the applicant is a corporation, limited liability company, limited
liability partnership, general or limited partnership, or other form
of business entity other than a sole proprietorship, the name of the
business entity shall be set forth exactly as shown in its articles
of incorporation or formation document, together with the names and
residence addresses of each of its officers, directors, managing members,
and/or general partners and each stockholder, member, or limited partner
holding more than 5% of stock of or interest in the business entity,
along with the amount of stock or interest held. If one or more of
the partners or members is a corporation, the information required
herein for the applicant shall also be required for such partners
or members. The application shall be signed by the individual who
is and shall be responsible for all actions, omissions, and conduct
of the applicant licensee;
(10)
The following information for each person currently employed or intended
to be employed in the massage establishment, regardless of the nature
of employment:
(A)
Name and contact information, including residence address,
(B)
License status under the California Massage Therapy Act, and, if
applicable, a copy of the license,
(C)
Proposed or actual nature of the work performed or to be performed,
and
(D)
Recent passport-sized photograph for identification purposes;
(11)
The application shall not be deemed complete until:
(A)
The applicant has furnished clear, legible, and classifiable fingerprints
to the City for the purpose of establishing identification, unless
the applicant has license in good standing with the California Massage
Therapy Council indicating no reported convictions,
(B)
All other employees, who are not massage therapists licensed under
the California Massage Therapy Act, have provided the results of a
LiveScan fingerprinting or background check service from a City designated
facility within 30 days, directly to the City for the purpose of establishing
identification;
(12)
Such other information as may reasonably be deemed necessary by the
City Manager to investigate the accuracy and veracity of the information
required in the application;
(13)
If the applicant is not the owner of the property proposed as the
location for the massage establishment, the applicant shall submit
a notarized statement signed by the property owner, consenting to
the operation of the massage establishment at the location by the
applicant and a copy of the lease between the property owner and the
applicant for the massage establishment;
(14)
If the applicant is assuming control over an existing massage establishment,
and the existing licensee will not be an owner or operator of the
massage establishment for the entire term of the new license, then
the new license shall not be issued unless and until the former massage
establishment license has been surrendered and relinquished to the
City;
(15)
A statement in writing by the applicant that he or she certifies
under penalty of perjury that the foregoing information contained
in the application is true and correct, said statement being duly
dated;
(16)
Authorization for the City, its employees and agents to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the application
for the license;
(17)
Acknowledgement in the application that the appointment of a manager
by the applicant constitutes consent by the applicant for assumption
of responsibility for all acts and conducts of the manager, including
service of notices by the City;
(18)
A sketch or diagram showing the complete interior configuration of
the business, including without limitation the location of the restrooms,
massage rooms, customer areas, employee only designated areas, and
any facility requirements as identified in this chapter. The sketch
or diagram need not be professionally prepared, but it must be drawn
to a designated scale, with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches;
(19)
The Orange County Sheriff’s Department shall review all establishment
license application materials and report its findings as appropriate
to the City;
(20)
City is authorized to collect from applicant reimbursement cost of
any processing fees, such as fingerprinting and background check services
and the cost of review services provided by the Orange County Sheriff’s
Department, in addition to the amount of the application processing
fee established by resolution of the City Council;
(21)
Orange County is authorized to collect any processing or associated
cost.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
Within
75 days following receipt of a completed application, the Chief Financial
Officer, or designee, shall either issue the license or mail a written
statement of the reasons for denial thereof, unless such period is
continued for good cause as provided herein.
(b)
The
Chief Financial Officer may continue his or her determination to approve
or deny a completed application for a period not to exceed 60 days,
in the event that the review of a completed application involves obtaining
documents, records, or information from another governmental agency,
including, but not limited to, the State of California, Department
of Justice, and that agency cannot reasonably respond to the Chief
Financial Officer’s request within the time required for the
Chief Financial Officer to complete his or her review of the completed
application, or in the event that additional time is necessary to
complete the identification or refingerprinting of the applicant or
persons to be employed by the massage establishment. In the event
the Chief Financial Officer determines to continue the application
review period, written notice shall be mailed to the applicant stating
the period of the continuance and the reasons therefor.
(c)
The
Chief Financial Officer shall deny a license to the license applicant
where any of the following conditions exist:
(1)
The applicant has made one or more material misstatements in the
completed application for a license;
(2)
The applicant, if an individual; or the stockholders holding more
than 5% of the stock of the corporation; the officers and directors
and each of them if the applicant be a business entity; or the partners,
including limited partners, and each of them, if the applicant be
a partnership; the members, and each of them, holding more than 5%
of the interest in the entity if the applicant is a limited liability
company; and the manager or other person principally in charge of
the operation of the business, or any such individuals, is a person
who has engaged in disqualifying conduct in the five years immediately
preceding the date of the application;
(3)
The massage establishment, as proposed by the applicant, if permitted,
would not comply with all the applicable laws, including, but not
limited to, all the City’s building, fire, zoning, and health
regulations;
(4)
The applicant or any persons to be employed at the massage establishment
are persons who have engaged in disqualifying conduct;
(5)
The applicant has violated any provision of this chapter, or any
similar ordinance, law, rule, or regulation of any other public agency
which regulates the operation of massage establishments; or,
(6)
The applicant is less than 18 years of age.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
Facilities.
All massage establishments shall comply with the following facilities
requirements:
(1)
Massage establishments shall comply with all applicable requirements
of the building, fire, electrical, plumbing, and other such Uniform
Codes adopted, as modified, by the City;
(2)
A minimum of one toilet and wash basin shall be provided in accordance
with duly adopted City requirements;
(3)
Cabinets or covered space shall be provided for the storage of clean
linen. Safe and sanitary receptacles shall be provided for the storage
of all soiled linen and paper towels;
(4)
Minimum ventilation shall be provided in accordance with the applicable
Building Codes of the City. To allow for adequate ventilation in cubicles,
rooms and areas provided for patrons’ use, which are not serviced
directly by required windows or mechanical systems of ventilation,
partitions shall be constructed so that the height of partition does
not exceed 75% of the floor-to-ceiling height of the area in which
they are located;
(5)
All plumbing and electrical installations shall be installed under
permit and inspection of the City’s building inspection department
and such installations shall be installed in accordance with the applicable
provisions of the California Building Code, California Plumbing Code,
California Fire Code and other applicable California or Uniform Codes
as adopted, with modifications, by the City;
(6)
The walls in all rooms where water or steam baths are given shall
have a washable, mold-resistant surface;
(7)
All lavatories or wash basins shall be provided with hot and cold
running water, soap, and single service towels in wall-mounted dispensers;
(8)
All massage establishments 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 into a sanitary receptacle;
(9)
All walls, ceilings, floors, pools, showers, bathtubs, steamrooms
and all other physical facilities including appliances and apparatuses
of the massage establishment must be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms, or steam or vapor cabinets, shower compartments, and
toilet rooms shall be thoroughly cleaned and disinfected after each
use;
(10)
Disinfecting agents and sterilizing equipment shall be provided for
any instruments used in performing any type of massage and said instruments
shall be disinfected and sterilized after each use;
(11)
Pads used on massage tables shall be covered with durable, washable
plastic or other accepted waterproof material;
(12)
A sign that is in compliance with the sign requirements of City ordinances
shall be posted at the main entrance to the premises identifying the
establishment as a massage establishment or a massage establishment
that is in compliance. All illuminated signs under operation by the
owner shall only be lit during hours of operation;
(13)
Anti-human trafficking notice. The notice developed by the Department
of Justice and found at https://oag.ca.gov/human-trafficking/model-notice, of a size no smaller than eight and one-half (8.5) inches by 11
inches in size, shall be posted in English, Spanish, and Vietnamese
in the customer waiting room so as to be visible to all people entering
the establishment, as well as in the employee break room and every
private massage room;
(14)
No massage establishment shall be equipped with tinted or one-way
glass in any room or office;
(15)
Locking doors are prohibited for any interior rooms where permitted
massage services are rendered. No changing rooms or other types of
rooms designed for privacy, if provided, shall be used to render massage
services. In the context of this section, “locking doors”
shall mean any type of device, temporary or permanent, living or otherwise,
which restricts, prohibits, or slows entry into a room, or provides
advanced notice of entry. Signs that state a massage is in progress
are permitted;
(16)
The storefront windows of the massage establishment shall be transparent
to provide clear visibility into the unit. The windows shall not be
obscured by curtains, blinds, or other temporary devices during operating
hours;
(17)
The entrance shall be well lit at all times during hours of operation;
(18)
All clients shall enter and exit through the front door of the business.
The front door shall face the street or, if no street-facing door
exists, the door that is most visible from the customer-oriented and
publiclyaccessible area of the property. No entrance to any massage
business shall be provided or permitted adjacent to any service/delivery
area, City alley, utility/maintenance area, or, in the case of multi-tenant
buildings or commercial centers, directly accessible to covered parking
areas that are not directly accessible by other tenant suites visible
from the massage business’s entry. “Directly accessible”
in the context of this section means public access to a business which
occurs without passage through a common entryway, hall, staircase,
courtyard, or corridor that provides the main public access to multiple
tenant suites in the building or commercial center;
(19)
A sign containing the following written notice in minimum 36-point
font, shall be posted in a conspicuous place in the reception area
of the massage establishment and in each room in which massage is
administered:
“This massage establishment and the massage rooms do not
provide complete privacy and are subject to inspection by City and
health officials without prior notice.”
(b)
Operations.
All massage establishments shall comply with the following operations
requirements:
(1)
There shall be no display, storage, or use of any instruments, devices,
or paraphernalia which are designed for use in connection with “specified
sexual activities” as defined in this Code, including, but not
limited to, vibrators, dildos, or condoms, or any goods or items which
are replicas of, or which simulate, “specified anatomical areas”
as defined in this Code, on the premises of the massage establishment;
(2)
Establishment shall keep a record of each appointment; date, time,
name as it appears on state issued identification card, and address,
establishment must provide a sign on counter stating that “A
record of all appointments is kept for all appointments. A state issued
identification card must be present at appointment to verify identification”;
(3)
Employees of the massage establishment and massage therapists must
conform to the dress code required by California Business and Professions
Code Section 4609 of the California Massage Therapy Act, which prohibits
dress in:
(A)
Attire that is transparent, see-through, or substantially exposes
the certificate holder’s undergarment,
(B)
Swim attire, if not providing a water-based massage modality approved
by the California Massage Therapy Council,
(C)
A manner that exposes the certificate holder’s breasts, buttocks,
or genitals,
(D)
A manner that constitutes a violation of California Penal Code Section
314, or
(E)
A manner that is otherwise deemed by the California Massage Therapy
Council to constitute unprofessional attire based on the custom and
practice of the profession in California;
(4)
No employee of the massage establishment or any massage therapist
shall expose any genitals, pubic regions, buttocks, anuses, or female
breasts below a point immediately above the top of the areolae to
the view of a customer or patron of the massage establishment. All
customers shall be appropriately draped with a clean, opaque towel
sufficient to cover their genitals, pubic regions, buttocks, anuses,
midriff, upper thigh, or female breasts below a point immediately
above the top of the areolae while receiving such services;
(5)
Each service offered, the price thereof, and the minimum length of
time such service shall be performed shall be posted in a conspicuous
public location in each massage establishment. All letters and numbers
shall be capitals not less than one inch in height. No services shall
be performed and no sums shall be charged for such services other
than those posted. All arrangements for services to be performed shall
be made in a room in the massage establishment which is not used for
administration of massages, baths, or health treatments, unless no
other room exists in the massage establishment;
(6)
No massage establishment shall be kept open for business or operated
between the hours of 9:00 p.m. and 7:00 a.m.;
(7)
No alcoholic beverages or controlled substances shall be sold, served,
furnished, kept, consumed, imbibed, or possessed on the premises of
any massage establishment;
(8)
For new employees:
(A)
The applicant shall notify the City in writing of the within 10 days
prior to such employee commencing work at the massage establishment
of the new employee’s:
(i)
Name and contact information, including residence address,
(ii)
License status under the California Massage Therapy Act, and,
if applicable, a copy of the license, (iii)Proposed or actual nature
of the work performed or to be performed, and
(iv)
Recent passport-sized photograph for identification
purposes,
(B)
All new employees, who are a massage therapists licensed under the
California Massage Therapy Act, then the applicant shall provide a
copy of the employee’s current valid California Massage Therapy
Council license and shall, upon request, demonstrate that a background
check was completed pursuant to California Business and Professions
Code Section 4060 of the California Massage Therapy Act,
(C)
All new employees, who are not massage therapists licensed under
the California Massage Therapy Act, shall, upon request, allow fingerprints
to be taken for the purpose of identification,
(c)
The
applicant or the applicant’s designee shall be present on the
premises at all times the massage establishment is in operation. The
applicant shall file with the City the current and valid name, home
address, home phone number, and alternate number where the person
may be reached. The applicant shall promptly file updated information
with the City when the aforementioned information changes.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
The
operator or a qualified manager of a massage establishment shall be
present on the premises at all times when the establishment is open
for business or in operation. The operator is at all times responsible
for the operation of the premises in compliance with the terms and
conditions of this chapter, whether he or she is actually present.
(b)
The
operator or designated manager shall be responsible for the conduct
of all employees or independent contractors while they are on the
establishment premises. In addition, the operator and any designated
manager shall be responsible for compliance with the terms of this
chapter and for receipt of any notices served or delivered to the
premises by the City. Any act or omission of any employee or independent
contractor constituting a violation of the provisions of this chapter
shall be deemed the act or omission of the operator for purposes of
determining whether the operator’s establishment license shall
be revoked, suspended, denied or renewed.
(c)
In
approving a massage establishment license to establish a massage use,
the reviewing authority may impose conditions (e.g., security and
safety measures, light, noise buffers, parking, etc.) on the use to
ensure that it operates in a manner that provides adequate protection
to the public health, safety, and general welfare.
(d)
Before
any person may qualify to be designated as a manager, he or she shall
furnish the information required by this chapter to the City or its
designee and shall pay the fee established by the City to verify the
information provided and perform such investigation as the City deems
appropriate. No person may qualify as a Manager if that person has
engaged in disqualifying conduct; has violated any provision of this
chapter, or any similar ordinance, law, rule, or regulation of any
other public agency which regulates the operation of massage establishments;
or, is less than 18 years of age. All managers shall also certify
in writing to the City that they have read this chapter and are familiar
with the provisions relating to the operation of massage establishments.
(1)
City shall be notified of any management changes within 30 days of
the change.
(e)
Any person who holds a valid and current license as a massage therapist under this chapter shall automatically qualify as a manager and shall neither be required to furnish the information nor pay the fee established in subsection (d) of this section; provided, however, such person shall certify in writing to the City that he or she has read this chapter and is familiar with the provisions relating to the operation of massage establishments.
(f)
The
operator shall file a statement with the City designating the person
or persons with power to act as a manager. In addition, the operator
or on-duty manager shall post, on a daily basis, the name of each
on-duty manager and each on-duty therapist in a conspicuous public
place in the lobby of the massage establishment. The operator, or
the manager in the operator’s absence, shall be responsible
for ensuring compliance with this chapter.
(g)
The
responsibilities of the operator or manager established herein cannot
be delegated to, or undertaken by, any other person.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
Each owner or operator of a massage establishment legally doing
business on the effective date of this chapter shall, within one year
from the effective date of the ordinance codified in this chapter,
comply with all requirements of this chapter. An owner or operator
may request and the City Manager, at his or her discretion, may grant
an extension to this time period.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
Any and all investigating officials of the City shall have the
right to enter establishments from time to time during regular business
hours to make reasonable inspections and to observe and enforce compliance
with building, fire, electrical, plumbing, or health regulations,
and to ascertain whether there is compliance with the provisions of
this chapter.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
No
person licensed to operate a massage establishment shall operate under
any name or conduct business under any designation not specified in
the license.
(b)
Prior
to any change of location of a licensed massage establishment, an
application shall be made to the Chief Financial Officer, and such
application shall be granted within the time stated therein, provided
all applicable provisions of this chapter are complied with, and a
change of location fee in an amount established by City Council resolution
to defray the costs of investigation and report has been paid to the
City.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
A sale or transfer of any interest in a massage establishment,
which interest would be reported as required in this chapter upon
application for a massage establishment license, shall be reported
to the Chief Financial Officer within 30 days prior to the closing
of the sale or transfer. The Chief Financial Officer shall investigate
any person receiving any interest in a massage establishment as a
result of such sale or transfer, and if such person satisfies the
requirements relating to massage establishment license applicants,
the existing license shall be endorsed to include such person. A fee
as set forth by resolution of the City Council shall be paid to the
City for the investigation for such sale or transfer.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
Each
massage establishment license shall expire at the end of the calendar
year unless renewed in accordance with this chapter.
(b)
The
licensee requesting renewal of its massage establishment license shall
file an application for renewal with the Chief Financial Officer or
his or her designee at least 90 days prior to the scheduled expiration
of the license. The renewal application shall provide any changes
in the information previously provided to the City.
(c)
Renewal
application shall include a list of all employees, a copy of the employees’
California Massage Therapy Council license or if the employee is not
a licensed masseuse, a LiveScan fingerprinting or background check
service from a City designated facility within 30 days of the application.
(d)
Any
application for renewal of a massage establishment license shall be
accompanied by a renewal fee in an amount established by resolution
of the City Council. The renewal fee shall be used to defray the costs
of investigation, report, and related application processing issues.
In addition to the amount of the renewal fee established by resolution
of the City Council, the applicant shall pay for any Live Scan fees
incurred by the City to process the application.
(e)
The
Chief Financial Officer shall review the application and shall either
issue the renewed license or mail a written statement denying the
license and stating the reasons therefor.
(f)
The
Orange County Sheriff’s Department shall review all establishment
license application materials and report its findings as appropriate
to the City.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
It is unlawful for any person to act as a massage therapist
or perform or administer a massage without a valid license issued
pursuant to California Massage Therapy Act.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
The
Chief Financial Officer, or designee, shall issue a written determination
citing the reasons for the denial with respect to applications massage
establishment licenses. The decision shall be served upon the applicant
when the review has been completed. The applicant shall have 15 calendar
days to appeal the decision by filing a notice of appeal with the
City Clerk.
(b)
The
City Manager, or designee, shall conduct an appeal hearing on the
appeal within 20 business days of the filing of the appeal. A written
decision on the appeal shall be prepared citing the reasons supporting
the decision on the appeal. The decision shall be final and binding.
The appellant may thereafter seek judicial review of any adverse decision
pursuant to Code of Civil Procedure Section 1094.5.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
Any
license issued under this chapter may be revoked or suspended as provided
in this chapter where any of the grounds stated in this section are
determined to exist.
(b)
At
such time as the City has reason to believe that grounds exist to
revoke a license issued under this chapter, the Chief Financial Officer,
or designee, shall cause an investigation of the licensee and/or massage
establishment to be undertaken. If, based on the result of the investigation,
the Chief Financial Officer determines that grounds to revoke the
license are present, then the Chief Financial Officer shall commence
proceedings to revoke or suspend the license by providing notice of
the City’s intent to revoke the license, and by scheduling a
date for the revocation hearing with the Chief Financial Officer,
which date shall not be less than 30 days from and after the date
the notice of intent to revoke the license is mailed.
(c)
The
occurrence of any of the following are grounds for revocation of a
license issued under this chapter:
(1)
The licensee has violated any provisions of this chapter, including,
but not limited to, the requirement that the applicant or the applicant’s
designee be present at the premises at all times the massage establishment
is in operation;
(2)
The licensee has engaged in disqualifying conduct;
(3)
The licensee has made a material misstatement in the application
for a license;
(4)
The licensee has engaged in fraud, misrepresentation, or false statement
in conducting the massage establishment or in performing massage services;
(5)
The licensee has continued to operate the massage establishment after
the license has been suspended;
(d)
Where
it is determined that the grounds to revoke a license exist, the City
may suspend the license based upon a finding of mitigating circumstances.
Mitigating circumstances include, but are not limited to, the following:
(1)
The licensee has not been found to have engaged in disqualifying
conduct;
(2)
The violation committed by the licensee does not present an immediate
threat or danger to the public health, safety, or welfare;
(3)
The licensee has not previously been cited for violations of this
chapter or violations of the code within the five years prior to the
date of the hearing; and
(4)
The licensee has agreed in writing to take specific measures to cure
or correct the violation with a period of not more than 15 days.
(e)
If
a massage establishment license is revoked, then:
(1)
The permittee may not apply for a permit for a massage establishment
under this title for five years from the date of revocation;
(2)
No massage establishment may be established anywhere on the property
(i.e., business center)upon which a massage establishment with a revoked
license was located for five years from the date of revocation;
(3)
Revocation of establishment license shall apply to all other massage
locations affiliated with owner of the establishment; and
(4)
During revocation, abatement or business closure activities, Police
Services or designee shall contact the Orange County Trafficking Task
Force as the first source of support to provide a social worker and
interpreter for potential victims of human trafficking.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(a)
Notice
of the City’s intent to revoke, or to not renew, a license shall
be provided in accordance with the provisions of this section.
(b)
Notice
shall be delivered to the licensee, and other person(s) designated
on the license, at the address(es) designated in the license by first
class mail and served upon the location by the City’s Police
Department.
(c)
The
notice shall be in writing and shall contain all of the following:
(1)
That the City intends to revoke or to not renew the license;
(2)
The grounds for the revocation or nonrenewal;
(3)
The date, time, and place of the revocation or nonrenewal hearing;
(4)
That the licensee may appear and present evidence in the licensee’s
favor; and
(5)
That the licensee’s failure to appear may result in revocation
or nonrenewal of the license.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
(b)
The
City shall have the initial burden of proof.
(c)
Within
10 days of the conclusion of the hearing, the Chief Financial Officer
shall make a determination and to whether grounds for revocation or
nonrenewal exist, and shall prepare a written decision, supported
by written findings based on the evidence submitted. A copy of such
decision shall be forwarded by first class mail to the licensee.
(d)
The
decision of the Chief Financial Officer shall be appealable to the
City Manager, or designee, by the filing of a written appeal with
the City Clerk within 15 days following the day of mailing of the
decision. The City Manager, or his designee, shall conduct an appeal
hearing following the same procedure as conducted by the Chief Financial
Officer.
(e)
At
the conclusion of the hearing, the City Manager, or designee, shall
issue a written determination within 15 calendar days of the hearing
citing the reason for his or her conclusions. The decision shall be
mailed by first class mail to the appellant. The decision of the City
Manager, or appointed designee, shall be final and shall be subject
to judicial review pursuant to Code of Civil Procedure Section 1094.5.
(Ord. No. 908, § 1; Ord. No. 930, § 1, 2007; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
Violations of this chapter shall be misdemeanors punishable
by fines, imprisonment or fees, or any combination thereof.
(Ord. No. 1089, § 2, 2021)
In addition to the misdemeanor remedies provided for in this
Code for violations of this chapter, any violation of any provisions
of this chapter is declared to be a public nuisance and is subject
to abatement as State law may permit.
(Ord. No. 908, § 1; Ord. No. 1055, § 2, 2018; Ord. No. 1089, § 2, 2021)
