O1170
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CA:SSS:SC:b1
Council Meetlng 07-22-80
Santa Mon~ca, Ca1~forn~a
ORDINANCE NO.
1170
(City Council Serles)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REPEALING CHAPTER
12 OF ARTICLE VI OF THE SANTA MONICA
r1.UNICIPAL CODE ("HASSAGE OPERATORS"), AS
AMENDED BY U1ERGENCY ORDINANCE NO. 1161 AND
ORDINANCE NO. 1165, AND ENACTING A NEW
CHAPTER XII TO REGULATE THE LICENSING OF
~mSSAGE PARLOR OPERATORS AND }~SSEURS AND
DECLARING THE EXISTENCE OF AN EMERGENCY
WHEREAS, the Clty lssued renewal licenses for buslnesses,
lncludlng the operatlon of massage parlors, on July I, 1980; and
HIlEREAS, lt was imperatlve, prior to that date, to enact
an ordinance establishlng the requirements governing the grant~ng
of massage parlor operators' and masseurs' permits; and
WHEREAS, in order effectlvely to implement and enforce the
new requirements, it is necessary to reVlse the appllcat~on fees
and procedures and to provide for the lmposition of additlonal
conditions on the operation of nassage parlors and the practlce of
massage; and
~~EREAS, effective lmplementation and enforcement of these
requirements lS necessary adequately to regulate the buslness
and practlce of massage and to protect the health and welfare of
the cltizens of Santa Monlca; and
WHEREAS, for the sake of clarity, it lS preferable to
reenact Chapter 12 in lts entirety as a single unified
ordinance; and
WHEREAS, this is dee~ed to be an urgent sltuation,
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THE CITY COur';CIL OF THE CITY or SAHTA NONICA ORDhINS AS
FOLLOHS:
srCTIO~ 1. Chapter 12 of Artlcle VI of the Santa Monlca
Munlclpal Code, as anended by Emergency Ordlnance 1161 and
Ord~nance 1165, 15 hereby repealed.
SECTIO~ 2. Chapter 12 of Article VI of the Santa Mon~ca
Munlclpal Code is hereby enacted to read as follows:
Seetlon 62000. DEFINITIONS. For the purpose of this
Chapter, the words and phrases hereinafter set forth, shall be
defined as follovs:
A. "Chlef" shall Mean the Chlef of Police of the Clty of
Santa Honlca.
B. "Clty Manager" shall mean the duly apPolnted, actlng
and qual1fled manager of the Clty of Santa Monica.
C. "Council" shall mean the City Councl.l of the Cl.ty of
Santa Monlca.
D. "Massage" shall mean any method of treating the
super~lclal soft parts of the human body, for remedial,
hyglenic or other purposes, consisting of rubbl.ng,
stroklng, kneadlng, or any Slmllar treatment, accompllshed
by hand or by the use of any instrument.
E. "Parlor" means any establishment having a fixed place
of buslness where any lndiv~dual, firm, association,
partnershlp, corporation, or comblnation of lndividuals,
engages in, conducts, carries on, or permits to be
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engaged in, conducted or carrled on, massages, or
health treatments ~nvolvlng massage as the prlnclpal
function.
F. lI!1asseur" is any person who, for compensation,
engages ~n the practlce of massage as here~n defined;
the terI'l "masseur" shall also include the term
"masseuse."
G. "Notice" shall mean any notice given by Unlted States
mall, postage pre-paid, properly addressed; such
notice shall be presuned given when the saMe 1S
deposited with t~e postal serVice.
H. "Opera tor I s Permit It shall mean a permi t requ lred
pursuant to the provisions of this Chapter to operate a
massaqe parlor.
Section 62001. OPER~TOR'S PE~~IT REQUIRED. No person shall
operate a parlor wlthin the City without flrst obta~ning an
operator's permlt pursuant to the provlsions of this Chapter and
securing the necessary Business License as required by Sectlons
6120, et seg., of the Santa Monlca Munlcipal Code.
Section 62002. APPLICATION FOR OPERATOR'S PEW1IT. Any
person deslring an operator's permlt shall file a wrltten appll-
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cat10n with the Ch1ef on a form to be furnished by him. The
applicant shall accompany the application wlth a tender of a one
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hundred dollar ($100) fi11ng and processing fee. The app11cation
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shall conta~n or be accompanied by the followlng informatlon:
A. The type of ownership of the business, i.e., whether
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lnd~vidual, partnershlp, corporation, or otherwlse.
B. The preclse name under WhlCh the parlor ~s to be
conducted.
c. The complete address and all telephone numbers of the
parlor.
D. A conplete 11st of the na~es and residence addresses
of all proposed masseurs ane employees ~n the parlor
and the name and resldence address of the manager or
wanaglng employee proposed to be princlpally in charge
of the operation of the parlor.
E. The followlng personal lnfornatlon concerning the
appllcant (appllcant shall mean, the owner and
c;erator of the proposed parlor, if a sole proprletor-
ShlPi each general partner, lf a partnershlPi each
off~cer and director, if a corporatlon; each partlcl-
p3nt If a joint venture):
(1)
Name, complete residence address and resldence
telephone nUMbers.
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(2) The two prevlous addresses immedlately prior to
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the present address of the applicant.
(3) Wrltten proof of age.
(4) Helght, welght, color of hair and eyes, and sex.
(S) Two front face portrait photographs at least two
~nches by two 1nches in Slze.
(6) The massage or slml1ar bus~ness hlstory and
experience of the applicant, including, but not
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llffilted to, whether or not such person, In
prevlously operatlng a parlor in thlS or any
other Clty or state under llcense or permlt,
has had such 11cense or permlt denied, revoked,
or suspended and the reasons therefor.
(7) Llst of all crlIDlnal convictlons exclud1ng mlS-
de~eanor trafflC vlolatlons and lnfractlons.
(8) A conplete set of flnger prlnts taken by t~e
Chlef of Pollce or hlS authorlzed representatlve.
F. Such other lnformatlon and ldentlflcatlon as lS deemed
necessary by the Chlef.
G. Authorlzatlon for the Clty, its agents and employees,
to seek verlficatlon of the lnforMatlon contalned In
the appllcatlon.
H. A state8ent in wrltlng by the appllcant that he or she
certifles under penalty of perJury that the foregolng
lnfor~atlon contalned in the appllcatlon is true and
correct, sald state~ent belng duly dated and notarlzed.
Section 62003. PEill1ITS - ISSUANCE - DENIAL.
A. Gpon recelpt of a wrltten appllcatlon for a pernlt, the
Chlef shall conduct an lnvestlgatlon, In such nanner as
he deems approprlate, In order to ascertaln whether
such per~~t should be lssued as requested. The Chlef
shall issue such per~it as requested, unless, as a
result of such lnvestigatlon, he flnds, wIth a preponderance
of eVldence, any of the followlng facts to be present;
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(I) That any person, ~ncludlng, but not l1rolted to,
employees who will be dlrectly engaged or
e~ployed In the Massage parlor operatlons, has
been conv1cted of a vio1atlon of Sectlon 2661,
315, 316, 318, or s~bdlvislon (b) of SeethoD 647
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(3)
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of the Penal Code, or has been convlcted lC any
other state of any offense rhieh, If comnatted
or attempted in this state, would have been
punlshable as one or more of the above-mentloned
offenses, or that any such person 1S requlred to
reglster under th€ provisions of Sectlon 290 of
the Penal Code; or
That any such person has been convlcted of any
felony offense lnvolving the sale of a controlled
substance speclfied in Section 11054, ll055, 11056,
11057, or 11058 of the Health and Safety Code, or
has been convlcted in any other state of any offense
WhlCh, if commltted or attempted in this state,
would have been punishable as one or more of the
above-mentloned offenses; or
That any such person has commltted an act Wh1Ch,
~f done by a l1censee or perMlttee under thlS
Chapter, would be grounds for suspension or revoca-
tion of a license or permit; or
That any such person has committed an act ~nvolvln9
dishonesty, fraud, or decelt wlth the intent to
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substantlally beneflt hiMself or another or
substantlally to lnJure anotherl or an act of
vlolence, WhlCh act or acts are substantlally
related to the quallflcationsl functlonsl or
duties of the massage parlor buslness; or
(5) That t~e operatlon of the ~assage parlor wouldl
lf allowedl constltute a publlC nUlsance; or
(6) That the appllcant has knowlngly and wlth lntent
to deceive made a false, mlsleadlng, or fraudulent
statement of fact to the Clty in the permit
appllcatlon process.
B. The Chlef shall be authorlzed to conditlon the issuance
of any permit for an operator's permit to lnsure compllance
~lth thlS Chapter and other appllcable laws. Such
condltions shall lnclude, but need not be limlted to,
the followlng:
(1) That the front door of a parlor and the doors of
cubicles in which massages are belng performed must
remain unlocked durlng all hours of operation; and
(2) That no massage technlcian or employee may expose
hlS or her genitalsl buttocks, or, in the case of
a femalel her breast(s), nor, in the course of ~
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admlnlsterlng a massage, make lntentlonal contact \ilth
the genltals or anus of any other person.
c.
When the Chlef flnds from hlS investlgatlon that any of
the facts specifled in subsection A
above are present,
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he shall decllne to lssue the requested perm~t w~thln
30 calendar days from rece~pt of the perm~t appl~ca-
tion. Any dec~s~on of the Ch~ef wlth respect to the
den~al or cond~tlonal approval of any such permit
shall be subJect to an appeal by the asgr1eved
appl~ca~t, provlded that the said appeal 1S taken
wlthln the tlme and In the ~anner set forth In
Sections 6124, et seq., of this Code.
Sect:1on 62004. HASSEUR' S PER:UT REQUIRED.
A. No person havlng an operator's per~lt shall employ,
as a masseur In a parlor, any person who has not obtalned
and has ln effect a masseur's permlt lssued pursuant
to Section 62005 of thlS Chapter; nor shall any person
perforn massage in a parlor or for cOMpensatlon unless
such person has lU effect a masseur's permlt issued
pursuant thereto.
B.
It shall be the responsiblllty of the holder of an
operator's permlt to insure that each person e~ployed
as a masseur shall have obtalned, and contlnues to hold,
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a valid masseur's permlt.
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C. Every holder of an operator's permit under this sectlon
shall lmrnedlately report to the Chlef any and all
changes of employees, whether by new or renewed
employment, or by dlscharge or termlnatlon, statlng the
name of the employee, and the date of change. Said
report shall be made wlthln five days of the change.
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