Chapter 5.64



MASSAGE ESTABLISHMENTS

5.64.010 Definitions.
5.64.020 Permit-Required.
5.64.030 Permit-Application.
5.64.040 Permit-Issuance or denial- Appeal.
5.64.050 Permit-Display.
5.64.060 Permit-Transferability.
5.64.070 Permit-Renewal.
5.64.080 Permit-Revocation or suspension.
5.64.090 Name of business.
5.64.100 Facilities.
5.64.110 Employees.
5.64.120 Inspection.
5.64.130 Record of treatments.
5.64.140 Applicability to existing businesses.
5.64.150 Public nuisance-Abatement.
5.64.160 Exceptions.


5.64.010 Definitions.


For the purpose of this chapter, the following words and phrases shall have the meanings ascribed them, unless otherwise noted:

"Massage" means a method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading or tapping with the hand or any instrument.

"Massage establishment" means an establishment having a fixed place of business where any person, association, firm or corporation engages in, conducts or carries on, or permits to be engaged in, conducted, or carried on, any business of giving Turkish, Russian, Swedish, vapor, sweat, electric, salt, magnetic or any other kind or character of baths, where alcohol rub, fomentation, baths, manipulation of the body or similar procedure is given.

"Massage technician(s)" means any person, male or female, who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body or other similar procedure. (Prior code º 12-1)

5.64.020 Permit-Required.


It is unlawful for any person, association, firm or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises, the business of a massage establishment or to render, or permit to be rendered massage services at a location removed from a massage establishment in the absence of a permit issued pursuant to the provisions set forth in this chapter. (Prior code º 12-2)

5.64.030 Permit-Application.


A. Any person desiring to obtain a permit to operate a massage establishment or to perform massage services shall make application to the city manager who shall refer all such applications to the police chief for an investigation.

B. The fees for services provided under this chapter shall be established or modified by resolution of the city council. The schedule for such fees shall remain on file and be available in the office of the city clerk. The city clerk shall review the fees charged for such services at least once annually and shall, with the approval of the city manager, recommend changes to the council when the costs for such services make it appropriate.

C. Any application for a permit shall submit the following information:

1. The full name, present address and telephone number of applicant;

2. The two previous addresses immediately prior to the present address of applicant;

3. Written statements of at least five bona fide residents of the city that the applicant is of good moral character;

4. Written proof that the applicant is over the age of eighteen years;

5. Applicant's height, weight, color of eyes and hair;

6. Two portrait photographs at least two inches by two inches;

7. Business, occupation or employment of the applicant for the three years immediately preceding the date of the application;

8. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business or activity or occupation subsequent to such action of suspension or revocation;

9. All convictions and the reasons therefor;

10. A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been physically examined and tested for tuberculosis and found to be free of any contagious or communicable disease;

11. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught, or in lieu of such diploma or certificate have had not less than ten years of actual experience and pass an evaluation by a panel of doctors appointed by the city manager. "Recognized school" means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technicians, which school requires a resident course of study of not less than one hundred fifty hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. Schools offering correspondence course not requiring actual attendance of class shall not be deemed a recognized school. Schools not approved by the state of California under the provisions of Section 94311(d) of the California Education Code shall not be deemed a recognized school. The city shall have a right to confirm the fact that the applicant has actually attended classes in a recognized school for aforementioned minimum time periods;

12. Such other identification and information necessary to discover the truth of the matters specified in this section as required to be set forth in the application;

13. Nothing contained in this section shall be construed to deny to the police division the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained in this section be construed to deny the right of such division to confirm the height and weight of the applicant. (Prior code ºº 12-4, 12-5)

5.64.040 Permit-Issuance or denial-Appeal.


A. Any applicant for a permit pursuant to these provisions shall file the application and fees as set forth in this chapter with the department designated by the city manager, who shall route the application to the police chief. The police chief shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the police chief, or the police chief's representative, shall render a recommendation as to the approval or denial of the permit to the city manager.

B. The building section, the division of fire protection and the Los Angeles County health department shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the city manager concerning compliance with the foregoing provisions.

C. The city manager, after receiving the aforementioned and described recommendations, shall grant a permit to the establishment for a period of one year if all requirements for a massage establishment described in this section are met and shall issue a permit for a period of one year to all persons who have applied to perform massage services unless it appears that any such person has falsified the application or unless it appears that the record of such persons reveals a conviction of a felony or a crime of moral turpitude.

D. Any person denied a permit pursuant to these provisions by the city manager, may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 12-7)

5.64.050 Permit-Display.


Every person, association, firm or corporation to whom or for which a permit shall have been granted shall display such permit in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage, bath or treatment is given, and each operator or technician shall carry such permit with him or her at all times on duty or while performing permitted activities. (Prior code º 12-8)

5.64.060 Permit-Transferability.


No permit granted or issued under this chapter shall be in any manner transferred or assigned, or authorize any person other than is therein mentioned or named to carry on any permitted activities. Any change in location or name of person from that which is shown on a permit issued for a massage establishment shall require a new permit to be obtained. (Prior code º 12-9)

5.64.070 Permit-Renewal.


Any permit issued under this chapter may be renewed from year to year upon application. Such application shall be made in the same manner as for an original application and shall be made within thirty days after the date of expiration of such permit or the last renewal thereof and if not so made, the permit shall be null and void. (Prior code º 12-18)

5.64.080 Permit-Revocation or suspension.


A. For the purposes of this chapter it shall be grounds for revocation of permit for any person to massage any other person, or give or administer any bath or baths, or to give or administer any of the other things mentioned in this chapter for immoral purposes, or in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires. Any violation of this section or other statute or law pertaining to immoral conduct shall be deemed grounds for the revocation of the permit granted under this chapter.

B. Any permit granted under this chapter may be suspended or revoked by the city manager when it shall appear that the business or calling of the person to whom such permit was granted is conducted in a disorderly or improper manner, or in violation of any statute of the state or ordinance of the city, or that the person conducting the business is of an unfit character to conduct the same, or the purpose for which the permit has been issued is being abused to the detriment of the public or is being used for a purpose wholly foreign to that for which the permit was issued.

C. A permit granted under this chapter shall not, by virtue of this section, be revoked, canceled or suspended until a hearing shall have been had by the city manager relative to so doing. Written notice of the time and place of such hearing shall be served upon the permittee at least five days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the business address appearing upon the application for the permit. Any person aggrieved by the action of the city manager may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code ºº 12-10, 12-15) 5.64.090 Name of business.


No person licensed to do business as provided by this chapter shall operate under any name or conduct his or her business under any designation not specified in his or her permit. (Prior code º 12-14)

5.64.100 Facilities.


No permit to conduct a massage establishment shall be issued unless an inspection reveals that the establishment complies with each of the following minimum requirements:

A. A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided, that all such signs shall comply with the sign requirements of the city.

B. Minimum lighting shall be provided in accordance with the Uniform Building Code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.

C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

D. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

E. Hot and cold running water shall be provided at all times.

F. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen.

G. In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside such room or booth while massage services are being performed.

H. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin shall be provided by every massage establishment, provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and for female patrons.

I. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities for the 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 each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

J. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.

K. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin, sanitary towels placed in permanently installed dispensers.

L. Proof of compliance with all applicable provisions of this code and other applicable codes and ordinances of this city shall be provided. (Prior code º 12-6)

5.64.110 Employees.


A. It shall be the responsibility of the holder of the permit for the massage establishment or the employer of any persons purporting to act as massage technicians, to insure that each person employed as a massage technician shall first have obtained a valid permit pursuant to this chapter. No registered massage technician aide may independently practice the acts of massage, but he or she may, as a massage technician aide, assist a technician in the acts constituting the practice of massage under the immediate personal supervision and employment of a registered massage technician, but such aide may assist only while the massage technician is personally present with the patron, and such aide may not perform massage services.

B. Any massage technician aide shall comply with the requirements of Section 5.64.030C. (Prior code º 12-11)

5.64.120 Inspection.


The police division, the building section, the division of fire protection, and the Los Angeles County health department will, from time to time and at least twice each year, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this code are met. (Prior code º 12-12)

5.64.130 Record of treatments.


Every person, association, firm or corporation operating a massage establishment under a permit as provided in this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Such record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this code, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. Such records shall be maintained for a period of two years. (Prior code º 12-13)

5.64.140 Applicability to existing businesses.


The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the activities described in this chapter were established before or after the effective date of the ordinance codified in this chapter. (Prior code º 12-16)

5.64.150 Public nuisance-Abatement.


Any massage establishment operated, conducted or maintained contrary to this chapter shall be and the same is declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal and 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 establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (Prior code º 12-17)

5.64.160 Exceptions.


The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: physician, surgeon, chiropractor, osteopath, registered physical therapists registered by the state of California, or any nurse, employee or person working under the immediate supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice their respective professions in the state of California, nor shall the requirements apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice any such art or profession under the Business and Professions Code of the state of California or of any other law of this state. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the state of California to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massages or massage procedures. (Prior code º 12-3)