For the purposes of this part, the words and phrases shall have the definitions listed below:
"Chief of Police"
shall mean City of Downey Chief of Police or designee.
"Customer"
shall have the same meaning as patron, which shall mean 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.
"Employee"
shall mean any person who is employed by a massage establishment.
"Health Officer"
shall mean the Los Angeles County Health Department officer responsible for inspecting massage establishments in Downey, or his or her designee.
"Massage"
shall have the same definition as "massage services," as provided in Downey Municipal Code Section 9402.04(i).
"Massage establishment"
shall have the same definition as provided in Downey Municipal Code Section 9402.04(l).
"Massage practitioner"
shall have the same definition as provided in Downey Municipal Code Section 9402.04(j).
"Massage services"
shall have the same definition as provided in Downey Municipal Code Section 9402.04(i).
"California Massage Therapy Council"
shall have the same definition as provided in Downey Municipal Code Section 9402.04(k)
(Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98; Ord. 1237, adopted 10-28-08; Ord. 19-1417, adopted 9-24-19)
No person shall operate any massage establishment within the City without first obtaining a permit for those activities from the Chief of Police or designee. Notwithstanding the provisions of this chapter, all massage establishment operators, and massage practitioners who work as independent contractors, must obtain a business license from the City of Downey before commencing any commercial activity within the City. All new massage establishments and massage practitioners are subject to all standards set forth in this chapter. All existing massage establishments and massage practitioners must comply with all provisions of this chapter within two years of adoption of the ordinance codified in this part.
(Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98; Ord. 19-1417, adopted 9-24-19)
The provisions of this chapter shall not apply to the following persons when engaged within the scope of their respective duties.
(a) 
The provisions of this chapter shall not apply to cosmetologists and barbers who are duly licensed by the State of California. This provision shall apply solely to the massaging of the neck, face, scalp, and hair of the customer or client.
(b) 
The provisions of this chapter shall not apply to persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code, when engaging in such practice within the scope of his or her license. The requirement for a massage establishment permit shall not apply to massage services which are accessory uses (as defined in Downey Municipal Code Section 9122) to persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code, if the accessory is contained within the same structure as the primary use, and meets either of the following conditions:
(1) 
The accessory use is by no more than one full-time permitted massage practitioner providing massage services to no more than one person simultaneously; or
(2) 
The accessory use is by three or fewer part-time permitted massage practitioners sharing one work station, and that work station is not used simultaneously by more than one massage practitioner to provide massage services simultaneously by more than one person.
For the purposes of this section, full-time massage practitioners are those who work 30 or more hours per week, and part-time massage practitioners are those who work less than 30 hours per week.
(c) 
The provisions of this chapter, as it relates to the requirement for obtaining a permit to operate a massage establishment, shall not apply to an operator who provides evidence of valid certification by the California Massage Therapy Council.
(Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98; Ord. 1237, adopted 10-28-08; Ord. 19-1417, adopted 9-24-19)
(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.
(Added by Ord. 19-1417, adopted 9-24-19)
(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 Community Development Department that the establishment complies with the requirements of this Code. Upon request for a business license, the owner or operator shall submit a site plan to the Community Development Department depicting how the establishment will comply with this Code.
(Added by Ord. 19-1417, adopted 9-24-19)
Applications for permits to operate a massage establishment to perform massage services, or otherwise act as a massage practitioner, shall be submitted to and on a form provided by the Chief of Police or designee. The application must be typewritten or legibly printed by hand, and must be accompanied by a filing and processing fee in the amount set by resolution of the City Council. Illegible information will be treated as incomplete, and may therefore serve as grounds for denial of the application. The application must be submitted fully completed by all persons required to pass a background check, and must include at a minimum the following information:
(a) 
An accurate statement of the business, occupation, or employment of the applicant for the five years immediately preceding the date the application is submitted; and
(b) 
A list of any conviction(s) of the applicant in the five years immediately preceding the date of the application for violation of any of the following sections of the California Penal Code: 266i, 315, 316, 318, or 647 (b); and
(c) 
A list of any conviction(s) of the applicant in the five years immediately preceding the date of the application for any offense in any other State which, if the offense had been committed in California, would have been punishable under any of the following sections of the California Penal Code: 266i, 315, 316, 318, or 647 (b); and
(d) 
A list of any conviction(s) of the applicant in the five years immediately preceding the date of the application for felony violation of any of the following sections of the California Health and Safety Code involving sale of a controlled substance: 11054, 11055, 11056, 11057, or 11058; and
(e) 
A list of any conviction(s) of the applicant in the five years immediately preceding the date of the application for any offense in any other State which, if the offense had been committed in California, would have been punishable under any of the following sections of the California Health and Safety Code involving sale of a controlled substance: 11054, 11055, 11056, 11057, or 11058; and
(f) 
A list of any pending charges or proceedings involving the applicant for violation of any of the following sections of the California Penal Code: 266i, 315, 316, 318, or 647(b) and/or California Health and Safety Code Sections 11054, 11055, 11056, 11057, 11058; and
(g) 
Personal identification information, including, but not limited to, height, weight, hair color, eye color, gender, social security number, driver license number, date of birth, place of birth, full name, aliases, current residence address, current business address, current residence telephone number, current business telephone number, and a complete set of fingerprints; and
(h) 
Proof that the applicant is over the age of 18 years; and
(i) 
An accurate statement of each residence of the applicant for the five years immediately preceding the date the application is submitted; and
(j) 
Two passport-quality photographs of the applicant; and
(k) 
A list of any other permits or licenses from any agency for the provision of massage services, as defined in Downey Municipal Code Section 9402.04(i), or any similar services held by the applicant for any period during the five years immediately preceding the date the application is submitted; and
(l) 
A list of any revocation, suspension, denial, or other voluntary or involuntary surrender or termination of any of the permits or licenses listed in response to subsection (i), above; and
(m) 
If the application is for a permit to operate a massage establishment, proof that the applicant has complied with the Comprehensive Zoning Ordinance of the City of Downey.
(n) 
Any other identification and information the Chief of Police (or designee) deems necessary to establish the truth of the information supplied in the application.
(Added by Ord. 419, adopted 5-8-72; Ord. 1049, adopted 4-28-98; amended by Ord. 1099, adopted 4-24-01; Ord. 1237, adopted 10-28-08; Ord. 19-1417, adopted 9-24-19)
Completed applications for permits to operate a massage establishment, to perform massage services, or otherwise act as a massage practitioner, shall be reviewed and investigated by the Chief of Police or designee. The Chief of Police or designee shall use best efforts to complete the investigation and review of all applications within 90 days after submittal by the applicant. If after review and investigation the application is found to meet the criteria of Sections 6554 and 6554.1, the Chief of Police or designee shall issue the permit; provided, however, if the investigation performed pursuant to this Section 6554.1 reveals that the applicant for a permit is charged with, but not yet convicted of violation California Penal Code Section 266i, 315, 316 or 647(b) and/or California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058, the Chief of Police may choose to take no further action on the permit until such charges have been dismissed or the applicant has been determined to be not guilty by a court of competent jurisdiction. Written notice of the approval or denial of the application shall be provided by mail to the applicant at the current residence address provided on the application. If the application is denied, the written notice shall contain a brief explanation of the reason or reasons why the application was denied.
The decision to deny or take no further action on an application may be appealed in accordance with Section 6404 of the Downey Municipal Code.
Applications for permits to operate a massage establishment may be denied or revoked for any or all of the following reasons:
(a) 
Proof of any conviction(s) of the applicant or permit holder in the five years immediately preceding the date of the application, or during the valid period of a permit, for violation of any of the following sections of the California Penal Code: 266i, 315, 316, 318, or 647(b).
(b) 
Proof of any conviction(s) of the applicant or permit holder in the five years immediately preceding the date of the application, or during the valid period of a permit, for any offense in any other state which, if the offense had been committed in California, would have been punishable under any of the following sections of the California Penal Code: 266i, 315, 316, 318, or 647(b).
(c) 
Proof of any conviction(s) of the applicant or permit holder in the five years immediately preceding the date of the application, or during the valid period of a permit, for felony violation of any of the following sections of the California Health and Safety Code involving sale of a controlled substance: 11054, 11055, 11056, 11057, or 11058.
(d) 
Proof of any conviction(s) of the applicant or permit holder in the five years immediately preceding the date of the application, or during the valid period of a permit, for any offense in any other state which, if the offense had been committed in California, would have been punishable under any of the following sections of the California Health and Safety Code involving sale of a controlled substance: 11054, 11055, 11056, 11057, or 11058.
(e) 
Failure to submit a complete application, illegible information will be deemed to be omitted. For the purpose of this section, a complete application is one which contains all of the information required by Downey Municipal Code Section 6554.
(f) 
Making any false statement on or in connection with the permit application or permit.
(g) 
Proof of any revocation, suspension, denial, or other voluntary or involuntary surrender or termination of any of the permits or licenses listed in response to Section 6554(k).
(h) 
The existence of any outstanding warrants for the applicant's arrest, issued by any Federal court or the court of any State.
(i) 
Reapplication within the greater of: six months after a previous application from the same applicant was denied; or within the time period that the ground(s) for the previous denial may still be considered valid ground(s) for denial under this part.
(Added by Ord. 419, adopted 5-8-72; amended by Ord. 876, adopted 1-10-89; Ord. 1049, adopted 4-28-98; Ord. 1099, adopted 4-24-01; Ord. 19-1417, adopted 9-24-19)
(a) 
Any person required by this chapter to obtain background check approval shall submit an application for renewal to the Chief of Police or designee 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.
(Added by Ord. 19-1417, adopted 9-24-19)
(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 City determines that grounds for revocation exist, a Notice of Revocation shall be posted 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 hearing shall be scheduled to occur not later than 30 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 10 days in advance of the date set for the hearing.
(d) 
The Chief of Police or designee, along with the City Planner, shall conduct the hearing and receive oral testimony and other evidence. The Chief of Police and City Planner 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.
(e) 
The Chief of Police or designee, along with the City Planner, shall make their 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 their conclusions. The 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 two business days following deposit with the United States Postal Service.
(Added by Ord. 19-1417, adopted 9-24-19)
(a) 
Any decision to deny or revoke background check approval or renewal, after a hearing has been held with the Chief of Police and City Planner, 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 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 45 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 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 two 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.
(Added by Ord. 19-1417, adopted 9-24-19)
Each massage establishment operator is required to obtain a business license and, prior to issuance of a business license the operator must provide a business plan, along with a floor plan, to identify the establishment will operate in compliance with all regulations set forth in this chapter.
(a) 
No person shall give, or assist in the giving of, any massage to any other person under the age of 18 years, unless the parent or guardian of such minor person has given consent thereto in writing.
(b) 
There shall be erected and maintained a recognizable and readable sign posted adjacent to the main entrance identifying the premises as a massage establishment. All such signs shall comply with the requirements of the City.
(c) 
Each permittee shall post in a conspicuous location upon the premises for which the permit is issued:
(1) 
A copy of the massage establishment permit, when required; and
(2) 
A list of all the names of those persons providing massage services at the location for whom a massage practitioner permit has been issued. 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.
(d) 
All massage practitioners who operate as independent contractors must obtain a business license before commencing work at any massage establishment location or any location where permitted as an accessory use as set forth in Section 6553.2.
(Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98; Ord. 19-1417, adopted 9-24-19)
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
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.
(f) 
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.
(g) 
There shall be provided and maintained adequate bathing, dressing, locker, and toilet facilities for patrons.
(h) 
Physical facilities for the massage establishment shall be maintained in good repair and in a clean and sanitary condition. Warm and dry heat rooms, steam or vapor rooms, steam or vapor cabinets, shower compartments, and toilets utilized in the operation shall be cleaned each day. Bathtubs shall be cleaned after each use.
(i) 
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.
(j) 
A separate washbasin shall be provided for each portion of a massage establishment wherein massage services are performed for the individual use of each massage practitioner. Such basin shall be provided with soap 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.
(k) 
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.
(l) 
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.
(m) 
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.
(n) 
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.
(o) 
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.
(p) 
Each employee must be provided individual lockers on the premises of the massage establishment.
(q) 
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.
(r) 
No massage establishment shall operate as a school of massage or use the same facilities as those of a school of massage.
(s) 
No massage establishment shall place, publish or distribute, or so direct or permit, any advertising matter that depicts any specified anatomical areas as defined in Section 9402.04 of Article IX.
(t) 
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.
(Added by Ord. 19-1417, adopted 9-24-19)
(a) 
The Building Official and the Fire Chief (or their designees) shall inspect the premises proposed to be devoted to the massage establishment and shall certify, on the required permit application, compliance or noncompliance with the regulations set forth in Section 6555.
(b) 
The Health Officer and every person authorized pursuant to this Code to enforce this Chapter shall each have the right to inspect any massage establishment for the purpose of ensuring compliance with all applicable laws and regulations at any time that the establishment is open.
(Added by Ord. 419, adopted 5-8-72; amended by Ord. 1049, adopted 4-28-98; Ord. 19-1417, adopted 9-24-19)
(a) 
Findings. Acquired Immune Deficiency Syndrome (AIDS) is a fatal disease of epidemic proportions in Los Angeles County, wherein the City of Downey is located. Evidence exists that certain commercial establishments in the county knowingly allow, and provide facilities for, their patrons to engage in sexual contact with poses a significant risk for transmission of the human immunodeficiency virus (HIV), which has been associated with AIDS. Such contact poses an unacceptable public health risk which must be eliminated.
(b) 
Definitions. The following terms as used in this ordinance shall have the following meanings:
"Bathhouse or similar commercial establishment"
specifically includes any business meeting the definition of either "encounter center, sexual" defined in Section 9402.04(n) of the Downey Municipal Code or "hotel or motel, adult" defined in Section 9402.04(e) of the Downey Municipal Code. "Bathhouse or similar commercial establishment" also includes any business that charges a fee for admission and for that fee offers the use of one or more of the following:
(i) 
A swimming pool;
(ii) 
A spa or whirlpool;
(iii) 
A communal bath;
(iv) 
Movies or videos for reviewing on the premises.
Excluded from the definition of bathhouse or similar commercial establishment shall be any hotel or motel, as defined in paragraph 4 of this subsection.
"Hotel or motel"
means a commercial establishment as defined in Sections 9136 and 9146 of the Downey Municipal Code where all the following requirements are met:
(i) 
The establishment holds itself out as being primarily in the hotel or motel business;
(ii) 
The establishment is licensed by all applicable jurisdictions as a hotel or motel;
(iii) 
The establishment complies with any applicable jurisdictions as a hotel or motel;
(iv) 
The establishment complies with all applicable State, City and County statutes, ordinances and regulations controlling the operation of motels or hotels, including, but not limited to, Los Angeles County Code Section 11.20.150 et seq.
"Private room"
means any enclosed space large enough for more than one person to enter, with a door capable of being locked from the inside, unless one or more of the following applies:
(i) 
There is an opening no less than five feet (5′) nor more than six feet (6′) above the floor through which the full interior of the enclosure is viewable from the exterior; or
(ii) 
The enclosure is not made available for use by patrons of the establishment; or
(iii) 
No more than one person at a time is allowed to enter the enclosure and there are no openings between any adjoining enclosures through which physical contact between persons in such adjoining enclosures is possible.
"Restricted activity"
means anal or vaginal intercourse or oral copulation. In recognition that medical information about AIDS and how it is transmitted continues to develop, the county health officer or the health officer of the City may amend the definition of restricted activity when in his or her opinion, such a change is supported by the then available scientific information. Any such change shall be effective only after notice of such change is given to the City Council and is published once a week for three weeks in a newspaper of general circulation in the City.
(c) 
Public Nuisance. Any bathhouse or similar commercial establishment which maintains any private room or which admits patrons who engage in any restricted activity anywhere on the premises is declared to be a public nuisance. As such, bathhouse and similar establishments are strictly prohibited.
(d) 
Abatement. The County Health Officer or the Health Officer of the City shall take all actions he or she deems necessary to abate any public health nuisance described in subsection (c) of this section. The action of the County Health Officer or Health Officer of the City may include, but is not limited to, an order that the bathhouse or similar commercial establishment cease all operation and not reopen without the specific written approval of the County Health Officer or the Health Officer of the City. Any operator of any such public health nuisance who fails to comply with any order of the County Health Officer or the Health Officer of the City shall be subject to all the penalties provided in this Code or otherwise provided by law.
(Added by Ord. 886, adopted 3-14-89; relocated and renumbered from Article VIII; Chapter 7 by Ord. 1010, adopted 12-12-95; amended by Ord. 1237, adopted 10-28-08; Ord. 19-1417, adopted 9-24-19)