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ORDINANCE NO~ 7l103(CCS}
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(Ci ty Council Series)'
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA HONICA ADDING
CHAPTER XII ENTITLED MASSAGE OPERATORS
TO ARTICLE VI OF THE SANTA MONICA
MUNICiPAL CODE TO REGULATE MASSAGE
OPERATORS .
THE CITY COUNCIL OF THE CITY QF'S1\NTA MONICA' :oOES
ORDAIN AS FOLLOWS:
SECTION l~
That Chapter XiI entitled Massage
Operators is hereby added to the Santa Mon~ca Municipal Code
and shall read as follows:
Section 62000~
DEFINITIONS.
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For the
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purpose of this part, the words and phrases
hereinafter set forth, shall be defined
as follows:
(1) "Chlef~ shall mean the Chief
of Pol~ce of the C~ty of Santa Mon1ca~
(2) "City Manager" shall mean the
duly appo1nted, acting and qualified
manager of the c~ty of Santa Monica.
(3) "Council" shall mean the C~ty
Council of the City of Santa Mon1ca.
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(4) "Massage" shall mean any method
of treating the superficial soft parts of
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the human body, for remedial, hyg1enic or
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other purpose~, consisting of rubbing,
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stroking, kneading, or any s~milar
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treatment, accomplished by hand or by
the u~rtt:()f',:any iii.stxU1'D.ent..
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(51.. .~ParlDr, n . means any establ~5hment
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having a fixed place of business where
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any HtdiV"tdual, tirm,. aSSocia<eit>tl,
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partnership, corporation, or comb1nation
of individuals, engages ~n, conducts,
carries on or permits to be engaged ~n,
conducted or carried on" massages, or
health treatments involving massage as
the principal f~nction.
(6) !t)lasseur, H is any person 'who
for compensation engages in the practice
of massage as herein defined; the term
"~seur" shall also ~ncl-ude the term
"masseuse. "
(7) "Notice, n shall mean any notice
given by United States mail, postage
pre-paid, properly addressed; such notice
shall be presumed g~ven when the same is
deposited with' the postal service.
(a) "Operator1s Permit," shall mean
a permtt required, pursuant to the
pr~visi6ns of this part to operate a
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mas-sage, parlor.
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(9) "Recognized School," shall
mean and include any school or institutlon
of learning which has for its purpose
the teachlng of the theory, method,
prof~sSlon, or work of massage, which
school or 1nstitution of learning has
been approved pursuant to the State Education
Code, or has the approval of the American
Massage and Therapy Associatlon, and
requires a resident course of study of not
less than two hundred (200) hours to be
given ln not less than three (3) calendar
months before the student shall be furnished
with a diploma or certificate of graduation
from such school or inst~tut1on of learning
showing the successful completion of such
course of study or learning. The City of
Santa Monlca shall have a rlght to conf~rm
that the applicant has actually attended
class at a recognized institution.
Section 62001. PERMTT REQUIRED. No person
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shall operate a parlor withln the City
without first obtainlng an operator's
permit pursuant to the provisions of this
sect10n and securing the necessary Business
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License as requ1red by section 6240~ ~~b~~~ibn #23
of the Santa Mon~ca Municipal Coda.-
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se-ction 62002. APFLI.CtW:ION TORTOPERATOR'S
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PERMIT. Any person desiring an operator's
permit shall f11e a written application
wlth the Chief on a form to be furn1shed
by him. The applicant shall accompany
the app~ication wlth a tender of a one
hundred dollar ($lOO) filing an4 processing
fee. The appl1cation shall contaln or be
accompan1ed by the following:
(l}J The type of ownership of the
business, i.e., whether individual,
partnership, corporation or otherwise~
(2) The preclse name, under which
the parlor is to be conducted~
(3) The complete address and all
telephone numbers of the parlor;
(4) A complete list of the names
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and resiqence' addresses o~ all ~pr.p6s:eli
masseurs and ~~l~,~~ ~n ~~ pa~+Dr and
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the names and residence address of the
manager or~managln9 employee prop~sed to
be principally l~,charge of the operation
of the parlor~
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(5) The following personal infor-
mation concerning the applicant (applicant
shall mean, the owner and operator of
the proposed parlor, lf a sole proprietor-
ship; each general partn~r, lf a partnershlp,
each ~fficer and director, if a corporation;
each partiyipant lf a joint venture) :
(a) Name, complete residence
address and resldence telephone numbers.
(b) The two (2) prev~ous
addresses immedlately prior to the
present ~ddress of the applicant.
(c) Written proof of age.
(d) Height, weight, color
of halr and eyes, and sex~
(e) Two (2) front face portrait
photographs at least two (2) inches
by two (2) lnches in Slze.
(f) The massage or slmilar
bUSlness hlstory and experlence,
lncluding, but not limlted to,
whether or not such person, in
previously operating a parlor in
this or any other clty or state under
license or permit has had such 11cense
or permit denied, revoked or suspended
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and the reasons therefor;
(g) List of_al~ criminal
convict1ons excluding misdemeanor
traffic violat1ons and ihfractions.
(h) A comp late ~t 0 f f ~!lger-
prints taken by the Chief of pollce
or his authorized ~preSentatives.
(6) Such other information and
identif1cation deemed necessary by the Chief.
(7) Authorization for the ~ity, its
agents and employees to seek verificat10n
of information.
(8) A statement~ in writ1ng by the
applicant that he certifies under penalty
of perjury that the foregoing informa~ion
contained in the application is true and
correct, said statement being duly dated
and notarl.zed.
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Section 62003. ~ITS - -~-UA~~ -- UBNLAL.
Upon receipt of a wrl.tten application
for a permit, the Chief shall conduct an
investigation, in such manner as he deems
appropriate, l.n order to ascertain whether
such permit should be issued as requested.
The Chief shall issue such permits as
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requested, unless, as a result of such
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investi~at1on, he finds any of the following
facts to be present:
(I) That any person, 1nclud1ng,
but not lim1ted to, employees, who w1ll
be directly engaged or employed in the
massage parlor operations, has been
convicted of any crime involving moral-
,!:urpitudei or
(2) That any suc;:h --.arson has, a
bad moral ch~racteri or
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(3) That the operat1on of the massage
parlor would, if allowed, constitute a .
publ~c nUlsance; or
(4) That the applicant has knowingly
and with intent to deceive made a false,
misleading, or fraudulent statement of
fact to the City, 1n the permit app11cation
process.
The Chief shall be authoc1zed to condltlon
the issuance of any permit for a massage
parlor to insure compliance with the
provisions of thlS section and other applicable
laws.
When the Chief finds from h1S investiga-
tion that any of the above mentioned facts
are present, he shall decline to issue the
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. permit as requested, withln th1rty (30)
calendar days from receipt of applicat~on
for permlt. Any decision of the Chief
w1th respect to the denial or condit1onal
approval of any such permit shall be sub-
Ject to an appeal, by the aggrieved
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appllcant, provlded that the sald appeal
is taken within the time and manner here-
lnafter described.
Section 62004. APPLICATION FOR MASSEUR'S
PERMIT.
(1) No person having an operator's
perm1t shall employ as a masseur in a parlor,
unless sa~d person has obtained and has in
effect a masseur's permit issued pursuant
to this sectlon; nor shall any person per-
form massage in a parlor, or for compensation,
unless such person has in effect a masseur's
permit. issued pu~suant hereto. .
U) It shall be th~ responsibil~ty
of the holder of the operator's permit
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to insure that each person employed as a
masseur, shall have otained, and continues
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to hold, a valld masseur's permit.
(3) Every holder of an operator's
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permit under this section, shall lmmediately
report to- the Chief any and all changes of
employees, whether by new or renewed
employment, or by the discharge or termination,
&tat~ng the name of the employee, and date
of change. Sa~d report shall be made
within five (5) days of the change.
(4) Any person des~ring a masseur's
permit shall file a written application
with the Chief of police on a form to be
furnished by him. The applicant shall
accompany the application with a tender
of a $5.00 filing and prooessing fee.
The same information shall be included
on the appllcation as is required pursuant
to Section 62004, tug-etlrer -wlth -thefolTow.ing::
(a) A copy of a diploma,
certlficate, or other written proof
of graduation from a recognized
school where the theory, method,
'profession or work of massage is taught.
(b) A statement in writing
from a licensed phys~cian in the State
of Californla that he has examined the
appl~cant with~n the past thlrty (30)
day perlod proceeding said application
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and believes the appl~cant to be
free from all communicable diseases.
(5) The Chief shall conduct an
investlgatlon to determlne whether such
proposed employee is quallfied pursuant
to subparagraphs (1), (2) and (4) of
Seetlon 62003 hereof; if the person is
so qualified, the Chief shall,issue the
masseur's permlt as requested.' Where, as
a result of his investigation, the Chief
determines that proposed employee does
not qualify pursuant to said Section
(lL.. ~(2) and (4), he shall glve notlce of
such decisio~ to the operator and to the
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pro~osed employee within thirty (30)
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ca~-en4i\r "days' from receipt of application.
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The ope~..at~r.>'"-shalLhcrye the right of
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appeal", "from such deeisl.on, in the time
and ma~r set forth in Section 6124,
et seq., of this Code... .
Section 620{JS.' uNLAWFUL .oPERATIONS.
Uf. No person shall give, or asslst
in tPe giving, of any mas~aqe to any other
pe~.90n - under the age or 18 years, unless
the parent or guardian of such minor person
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has consented thereto in writlng.
(2) No person under the age of
18 years shall be allowed in any massage
parlor, unless the parent or guardian of
such minor person has consented thereto
In writing.
(3) Each operator shall erect and
maintain a recognizable and readable slgn
that will be posted adjacent to the ma1n
entrance ldentlfying the premises as
a massage parlor. All such signs must
comply wlth Municipal Code requirements
of the City of Santa Monica.
(4) Each operator shall have posted,
in a consplcuoUS location upon the prem1ses
where the massage operation is to be
conducted, the operator's permlt as issued
by the Ch1ef.
(5) Each operator shall provide,
in each room, or portion of a room, where
massages are given, sufficient lighting and
ventilation as required by the Santa Monica
Building Coqe.
(6} Ecch operator shall provide
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and mainta1n adequate equipment for
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dlsinfecting arid sterilizing of lnstruments
used in Re~formin~ the acts of massage.
; (7) The Department of Health shall,
from time to time, and at least once a year,
make an inspectlon of each massage parlor
in the City for the purposes of determining
that the health provlsions of. the laws
of the State of Callfornla and ordinanc~s
of the Clty of Santa Monica and County of
Los Angeles and this sectlon are met.
(8) A mlnlmum of one {I} tub or
shower, and one (1) tOllet and wash basln
shall b~ provided for the patrons In every
massage parlor locatlon; however, if male
and female patrons are to be served
simultaneously at said establlshment,
separate tOllet facl11ties shall be provided
for male and female patrons. In those
establlshments where steam rooms or sauna
baths are provlded, if male and female
patrons are to be served simultaneously,
separate steam rooms or sauna rooms shall
be provided for male and f~ale patrons.
Hot and cold runnlng water under pressure
shall be provlded to all wash baslns,
bathtubs, showers, and Slmilar equipment.
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Each wash bas1n shall be provided w1th
soap or detergent and sanitary towels
placed in permanently 1nstalled d1spensers.
A trash receptacle shall be prov1ded 1n
each toilet room. In addition to the
wash basin prov1ded for patrons, a minimum
of one separate wash baS1n shall be provided
ln each massage establishment Wh1Ch basin
shall prov1de soap or detergent and hot and
cold running water at all times and shall
be located with1n or as close as practicable
to the area devoted to the perform1ng of
massage serVlces. In addition, there shall
be provided at each wash basin, sanitary
toWels placed in permanently installed
d1spensers.
EXCEPTION: If the wash basin for the
patrons is not in the toilet room but 1S
adJacent thereto, this wash basin wll1
meet the separate wash basin requirement
if it 1S reasonably close to the area devoted
to the performing of massage.
(9) No person shall operate a massage
parlor, or adm1nlster a massage as herein
defined in any massage parlor between the
hours of 12:00 a.m. and 8:00 a.m.
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(10) No person licensed to do
bUSlness as here1n provided shall
operate under any name or conduct h1s
business under any designation not specifled
in hlS perml t.
(ll) No person shall enter, be or
rema4fi In any part of a massage parlor
licensed under this section while in the
possession of, consuming, uSlng, or under
the influence of any alcoho11C beverage
or drugs. The owner, operator, and manager
shall be responsible for insurlng that no
such person shall enter or remain upon the
licensed premises.
(12) No building or part thereof
used as a massage parlor shall be eaulpped
with any electronlC, mechanical or art1ficial
device used, or capable of belng used,
for recording or monitorlng the conversation
or other sounds in any treatment room or
room used by the business customers.
(13) No massage parlor issued a permit
under this part ahall send masseurs. off
the premises for purposes of admlnistering
a massage; nor shall the massage parlor or
any part thereof be used by any employee,
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oper~torf manager, or owner to receive or
accept such request for off-premises
massages, nor to provide 1nformation to
anyone how or where such off-prem1ses
massages may be obtained.
(14) Every person to whom or for
whom a masseur's permit shall have been
granted pursuant to the prov1s1ons of this
.Article shall display said permit 1n a
consp1CUOUS place within the massage parlor
so that the s~e may be readlly seen by
persons enterlng th~ premises.
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Sectj.QIl 6.20f.)~~_~~~N~GER:-. cAll.' ma~lfage
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parlors required to hold a permit under thlS
seetlon shall have a manager on the premises
at all tlmes during WhlCh the massage
parlor is open. The operator of each
massage parlor required to have a permlt
_under this section, shall file a statement
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with the Ch.1ef, designating the 'person
or persons empowered to act as manager
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at the operator's massage parlor.
The manager of each massage parlor
shall take the steps to insure that coples
of the masseur permit for each on duty
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masseur shall be conspicuously
posted on the premises, in close proxlmity
to a slgn lndlcat1ng that those persons
are licensed on duty masseurs.
Sectlon 62007. CHANGES' OF 'BV~INESS.
Every massage parlor operator shall report
immediately to the Chief any and all
changes of ownership or management of the
massage establishment, including but not
limited to changes of manager or other
person principally 1n charge, stockholders
holding more than ten percent (10%) of the
stock of the corporat1on, officers, directors
and partners; any and all changes of name,
style or designat10n under which the bUSlness
lS to be conducted; and all changes of
address or telephone numbers of the business
or parlor.
Sectlon 62008. iNSPECTIONS. The City's
Department of Building and Safety, Flre
Department, and the Los Angeles County
Health Department shall 1nspect the premises
proposed to be devoted to the massage
establlsqment and shall certify on the
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requ~red permit application compliance
or the non-compliance with the
regulations set forth in Section
of this section, and thlS Code.
Section 62009. -TRANSFER AND OURATION- OF
PERMITS.
(l)- No perm~t ~ssued hereunder
shall be transferable. All massage parlor
operators and masseur permlts. shall be
issued for the perlod of a calendar year
or portion thereof remalning follow~ng
~ssuance of such permit, and expire the last
day of the calendar year.
(2) Applicatlons for tpe next
ensuing calendar year may be flIed w~th
the Chief before the end of each calendar
year. Such renewal appllcati~ns must
be fl1ed.no.lqter ~han 30 ~ays pr~or to
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the end of the calendar year to prevent
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a lapse of the permit.
(3) All present v~~ldly_ tssued permits,
shall remain in effect except where
suspended or revoked, and shall expire
thirty (30) dayS after the effectlve date
of this ordinance.
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(4) Each applicant for renewal shall
file such lnformation as requ~red by the
Chief to update the informatlon required
for his original permit applicat~on.
A $10.00 processing fee shall be
pald at the ~ime the appllCation for renewal
is made.
(S} No suspended perm~t may be
renewed. If a suspended permit lapses
during the suspension period, a new
applicatlon must be made at the end of
the suspension perlod.
Sect10n 62010. EXEMPTI.ON. :IT'he' pro-vis~ons
of thlS part shall not be deemed applicable
to any person who 1S engaged ln a healing
art, and is 11censed as such, pursuant to
Dlvision 2, commenclng with Section 500
of the Business and Professions Code of
the State of California.
Any operator of any massage parlor
already 1n operat1on on the effectlve date
of thlS section may apply to the Chief of
Pol~ce for an exemptlon from any of the
sections of th1S sectl0n. If an exemption
is not granted by the Chief the operator
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shall have a right of appeal as set out
in Sect~on 6124, et seq., of this Code.
Any masseur to whom a pe~t has been
issued prior to the effective date of this
section may apply to the Chlef of Pollce
for an exemption from any of the sectlons.
of this part. If an exemption is not
granted by the Chlef the massuer shall have
a r~ght of appeal as set out in -Sect~on 6124,
et seq., of thlS Code.
SECTION 2.
Any provisions of the Santa Mon1ca
Munic~pal Code, or appendices thereto inconsistent herewith,
to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to .
effect the provisions of this ord~nance.
SECTION 3. If any sect~on, subsection, sentence,
clause or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by a dec~s~on of any court
of competent jurLsdiction, such decision shall not affect
the val~dity of the remaining portions of the ordinance.
Th~ City Counc~l hereby declares that ~t would have passed. J
this ordinance and each and every section, subsection, sentence,
clause or phrase not declared invalld or unconst1tutlonal
without regard t:o whether any portion of :the ord~nance would
be SUbsequently declared ~nval~d or unconst~tutional.
- SECTION 4.
The Mayor shall sign and the City
-
Clerk shall attest to the passage of this ordinance. The
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City Clerk shall cause the same to be pub11shed once 1n the
offic1al newspaper w1thin f1fteen (IS} days after its adoption.
The ord1nance shall become effective after thirty (30) days
from its adoption.
ADOPTED and APPROVED this 26th day of
September
1978.
~u.--
MAYOR".'PRO TEMPORfi
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ATTEST:
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~ERK.:' ,,'- :~..'
"ATE. ..o7'.c~~jf_O~~A/ }
COUNTY .OF -WS ANG&L"ES ) ss..
CITY Or"'--SANTA.NDr)ICA )
>
I do hereby certify that the foreq~1ng ordlnance
was duly and regularly 1ntroduced at a meeting of the City
Counc11 on the 12th day of Se{lt~mber
, 1978; that thereafter
the sa1d ordinance was duly adopted at a meeting of the City
Cauncll on the 26th day of Septemb~r
, 1978; by the
following vote of the Council:
AYES:
Councilmember; Bambrick, Cohen, Reed,
Sco~t, Trives, van den
Steenhoven, Swink
NOES:
Counc11member: NOne
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APPROVED AS TO FORM:
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