O1175
.
.
CA:sss:SC:bl
Councll Meetlng 07-22-80
Santa Monica, California
ORDINANCE NO.
1175
(Clty Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF Sfu~TA MONICA REPEALING CHAPTER 12 OF
ARTICLE VI OF THE SANTA rlONICA HUNICIPAL CODE
("l1ASSAGE OPERATORS"), AS AHENDED BY EHERGENCY
ORDINANCE NO. 1161 AND ORDINANCE NO. 1165, AND
ENACTING A NEW CHAPTER XII TO REGULATE THE
LICENSING OF MASSAGE PARLOR OPERATORS AND
r-1ASSEURS
WHEREAS, the City issued renewal l~censes for businesses,
includlng the operation of massage parlors, on July 1, 1980; and
vn{EREAS, it was imperative, pr10r to that date, to enact
an ordinance establlshinq the requirements governing the grantlng
of massage parlor operators' and masseurs' perm~ts: and
WHEREAS, ln order effectively to implement and enforce the
new requlrements, lt is necessary to reVlse the application fees
and procedures and to provlde for the imposltion of additional
conditlons on the operation of massage parlors and the practice of
massage; and
WHEREAS, effect1ve implementation and enforcement of these
requirements is necessary adequately to regulate the business
and practice of massage and to protect the health and welfare of
the cit~zens of Santa Monica; and
WHEREAS, for the sake of clarity, lt is preferable to
reenact Chapter 12 ~n 1tS ent~rety as a slngle un1fied
ordinance,
.
.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 12 of Article VI of the Santa Monlca
Municipal Code, as amended by EMergency Ordinance 1161 and
Ordinance 1165, is hereby repealed.
SECTION 2. Chapter 12 of Article VI of the Santa Monica
Municipal Code ~s hereby enacted to read as follows:
Section 62000. DEFINITIONS. For the purpose of th~s
Chapter, the words and phrases here2nafter set forth, shall be
defined as follows:
A. "Ch1ef" shall mean the Chief of Police of the Clty of
Santa Hon1.ca.
B~ "City Manager" shall mean the duly appointed, acting
and qualifled manager of the City of Santa Bonica.
C. "Council" shall mean the City Council of the Clty of
Santa Honlca.
D. "Hassage" shall mean any method of treating the
superficial soft parts of the human body, for remedial,
hygien1.c or other purposes, consisting of rubbing,
strok1.ng, kneading, or any s1.~ilar treatment, accomplished
by hand or by the use of any instrument~
E. "Parlor" means any establishment havlng a fixed place
of business where any indivldual, firm, aSSoclat1on,
partnership, corporation, or combination of indivlduals,
engages in, conducts, carries on, or permits to be
-2-
.
.
engaged in, conducted or carried on, massages, or
health treatments lnvolving massage as the princlpal
functlon.
F. "l.1asseur" is any person \vho, for compensation,
engages ~n the practlce of massage as here~n def~ned~
the term "masseur" shall also include the term
"masseuse."
G. "Notice" shall Mean any notice glven by Unlted States
mail, postage pre-pald, properly addressed; such
notice shall be presumed g~ven when the same ~s
deposited w1th the postal service.
H. "Operator's Permit" shall mean a permlt requlred
pursuant to the provisions of thlS Chapter to operate a
massage parlor.
Sect~on 62001. OPERATOR'S PEill1IT REQUIRED. No person shall
operate a parlor wlthin the City without first obtalning an
operator's permit pursuant to the prov~sions of this Chapter and
securing the necessary Business License as requ~red by Sections
6120, et seq., of the Santa Monica Munlclpal Code.
Section 62002. APPLICATION FOR OPERATOR'S PEffi1IT. Any
person desiring an operator's permit shall fl1e a written appll-
cat10n w~th the Chief on a form to be furnished by him. The
applicant shall accompany the appllcation with a tender of a one
hundred dollar ($100) fillng and processlng fee. The application
shall conta~n or be accompan~ed by the following informat1on:
A. The type of ownership of the business, i.e., whether
-3-
.
.
lnd~Vldual, partnership, corporation, or otherw~se.
B. The precise name under wh~ch the parlor is to be
conducted.
C. The complete address and all telephone numbers of the
parlor.
D. A complete llst of the names and resldence addresses
of all proposed Masseurs and employees in the parlor
and the name and res~dence address of the manager or
managlng employee proposed to be principally ln charge
of the operation of the parlor.
E. The following personal information concernlng the
applicant (appllcant shall rnean, the owner and
operator of the proposed parlor, if a sole proprietor-
Shlp; each general partner, if a partnershlp; each
off~cer and director, if a corporation; each partici-
pant 1f a jOlnt venture) :
(ll Name, complete residence address and res1dence
telephone numbers.
(2) The two previous addresses immedlately prlor to
the present address of the applicant.
(3) Written proof of age.
(4) Height, we~ght, color of ha~r and eyes, and sex.
(5) Two front face portraLt photographs at least two
1nches by two lnches In size.
(6) The massage or slmilar bUSlness hlstory and
experience of the appllcant, including, but not
-4-
.
.
11mited to, whether or not such person, in
previously operating a parlor ~n this or any
other Clty or state under 11cense or permit,
has had such license or permit denied, revoked,
or suspended and the reasons therefor.
(7) List of all criminal convlctions excludlng mlS-
demeanor trafflc vlolations and infractions.
(8) A complete set of finger prlnts taken by the
Ch1ef of Police or his authorlzed representatlve.
F. Such other ~nformation and ~dentlficat1on as 15 deemed
necessary by the Chlef.
G. Authorlzation for the City, lts agents and employees,
to seek verif~cat~on of the ~nformat~on contained in
the application.
H. A statement in writing by the appllcant that he or she
certlf1es under penalty of perjury that the foregoing
lnformat1on contained in the applicat~on is true and
correct, said statement being duly dated and notar~zed.
Section 62003. PERMITS - ISSUANCE - DENIAL.
A. Upon receipt of a written application for a permlt, the
Chief shall conduct an investigation, in such manner as
he deems appropriate, in order to ascertaln whether
such permit should be ~ssued as requested. The Chlef
shall issue such permit as requested, unless, as a
result of such investigation, he finds, by a preponderance
of the evidence, any of the fOllowing facts to be oresent:
-5-
. .
(1) That any person, lncluding, but not limited to,
employees who wl1l be directly engaged or
employed in the massage parlor operations, has
been conVlcted of a vlolatlon of Section 2661,
315/ 316, 318, or subdivislon (b) of Section 647
of the Penal Code, or has been convicted In any
other state of any offense wh~ch, lf committed
or attempted in thlS state, would have been
punishable as one or more of the above-mentloned
offenses, or that any such person is requlred to
reglster under the provisions of Sectlon 290 of
the Penal Code; or
(2) That any such person has been convlcted of any
felony offense involving the sale of a controlled
substance specified in Section ll054, 11055, 11056,
11057, or 11058 of the Health and Safety Code, or
has been convicted in any other state of any offense
WhlCh, if committed or attempted ln this state,
would have been punishable as one or more of the
above-mentioned offenses; or
(3) That any such person has commltted an act which,
lf done by a licensee or per~ittee under thlS
Chapter, would be grounds for slispenslon or revoca-
tlon of a l1cense or permlti or
(4) That any such person has cOmffiltted an act lnvolv1ng
dlshonesty, fraud, or decelt with the intent to
-6-
.
.
substantially benefit h1ffiself or another or
substantlally to lnJure another, or an act of
vlo1ence, WhlCh act or acts are substantlally
related to the qualiflcatlons, functlons, or
duties of the massage parlor bus~ness; or
(5) That the operat~on of the Massage parlor would,
~f allowed, constitute a publlc nuisance: or
(6) That the applicant has know1ngly and wlth intent
to dece~ve made a false, misleading, or fraudulent
statement of fact to the City in the perm~t
applicatlon process.
B. The Ch~ef shall be authorlzed to cond~tion the issuance
of any per~it for an operator's permlt to insure compl1ance
with this Chapter and other appl~cable laws. Such
cond~tions shall include, but need not be lim~ted to,
the following:
(I) 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 operat~on; and
(2) That no massage technlc1an or employee may expose
his or her genitals, buttocks, or, ~n the case of
a female, her breast(s), nor, ln the course of
administerlng a massage, make intentional contact \J1th
the gen~tals or anus of any other person.
C. When the Chlef finds from his investlgat~on that any of
the facts spec1fled ~n subsection A above are present,
-7-
.
.
he shall decllne to issue the requested permlt within
30 calendar days from receipt of the permit appllca-
tlon. Any decislon of the Chief with respect to the
denial or conditional approval of any such permit
shall be subJect to an appeal by the aggrleved
appllcant, provided that the sald appeal is taken
withln the tlme and in the manner set forth in
Sectlons 6124, et seg., of this Code.
Section 62004. t1ASSEUR'S PEill1IT REQUIRED.
A. No person havlng an operator's perm~t shall employ,
as a masseur in a parlor, any person who has not obtalned
and has in effect a Nasseur1s permit issued pursuant
to Section 62005 of this Chapter; nor shall any person
perforM massage 1n a parlor or for compensatlon unless
such person has in effect a masseur's permit lssued
pursuant thereto.
B. It shall be the responslbility of the holder of an
operator's permit to insure that each person employed
as a masseur shall have obtained, and continues to hold,
a valld masseur's permit.
c. Every holder of an operator1s permit under thlS sectlon
shall immediately report to the Chief any and all
changes of employees, whether by new or renewed
employment, or by discharge or termlnatlon, stating the
nane of the employee, and the date of change. Said
report shall be made withln f~ve days of the change.
-8-
. .
d. Restaurants are limited to two restaurants
per block (a block being both sldes of Ma~n
Street and the adjacent sides of adJo~ning
s~de streets). Portlons of Ma~n Street to
be deslgnated "blocks~ for the purpose of thlS
section are: Block 1: South City llmlts to
Mar~ne Street; ~lock 2: Marlne Street to
Pler Street: Block 3: Pier to Ashland;
Block 4: Ashland to Hl1l; Block 5: Hl1l to
Ocean Park: Block 6; Ocean Park to Holllster;
Block 7: Holllster to Strand: Block B:
Strana to Paclflc; Block 9: Paclflc to Blcknell:
Block 10: Bicknell to Bay: Block 11: Bay
to Fico.
Restaurants wlth more than 50 seats, restaurants
wlth a substantlal take-out business, and any
second-floor restaurant use will requlre a
Condltional Use PerM~t. (Restaurants are
deflned as establlshments serVlng a varlety
of unpackaged foods prepared on slte for
consumptlon.)
e. Bars may not exceed seven in number south of
Ocean Park Boulevard nor five ~n number north
of Ocean Park Boulevard. No bars shall be
located on any Ma~n Street corners. (For
purposes of this section, bars are defined
-7-
. .
as establ~shroents ,n th "publ~c premises II
l1quor llcenses and restaurants wlth a llquor
servlng faCl11ty that is phys1cally separate
from the d~nlng area and 15 regularly operated
durlng hours not correspondlng to food serVlce
hours.) Condltlonal Use Permlts are requlred
for all bars.
5. Prohiblted Uses. The following uses are speciflcally
prohlblted 1n the "CM" Dlstrlct:
a. Bars above the flrst floor.
J .
SECTION 4.
b.
Bl1lboards.
Bll11ard parlors and pool halls.
Bowllng alleys.
Drive-in or drlve-through uses.
Game arcades.
Motels.
Retal1 uses above the second floor.
Restaurants above the second floor or on the
second floor of a site where there is an
eXlsting restaurant.
Sex-orlented uses.
Section 9l19C ~s added to the Santa Monica
c.
d.
e.
f.
g.
h.
1.
MunlClpal Code to read as follows:
SECTION 9119C. Property Develop~ent Standards. The followlng
property development standards shall ap9ly to all land and
structures in the "ca" Dlstrlct:
-8-
. ,
1. BU11dln9 He~ght. There shall be three he~ght
d1stricts in the "eM" District. Any property
class~fled 1n the "eM" Dlstrict shall also be
classlfled In a helght dlstrlct. BUllding helght
llffiltS ln the speciflc d~stricts deslgnated on the
Zoning Map shall be as follows:
CM-2. BU11dlngs In the CM-2 Dlstrlct ~hall not
exceed two stories and 27 feet 1n helght.
CM-3. BU11dlngs In the CM-3 Dlstrlct shall not
exceed three storles and 35 feet ln height.
CH-4. BU11dlngs in the CM-4 Dlstrlct shall not
exceed four storles and 47 feet in helght.
For the purpose of thlS section, height limit 15
the maXlmum roof height as deflned by the Clty
Zoning Ordlnance, excludlng parapets, mechanical
hous~ngs and other appurtenant roof-top structures
or penetratlons such as skyllghts, stalrwells,
ventllation atr1a and other architectural amenltles
lntended to dlstlngulsh the overall deslgn, but
WhlCh do not tend to obscure the lntended helght
11rnlts.
2. Permltted Floor Area. Other sectlons of this Chapter
notwlthstand1ng, the total adJusted floor area of any
bUl1dlng constructed in thlS distr1ct shall not
exceed three and three-tenths (3.3) tlrnes the
horizontal area of the commercially zoned lot or
-9-
.
,
lots except that bUlldlngs ln excess of the
1imltat~on may be permitted by the issuance
of a Conditlonal Use Permit under the procedures
of Sect~on 9148 on the basis of an env~ronmental
and flscal analysls satlsfactorl1y demonstratlng
that no s~qnificant adverse environmental or
fiscal impacts w~ll occur as a result of the
increased floor area. Multi-residential units
devoted strictly to apartment residentlal uses shall
be computed at one-half (1/2) the actual total
adJusted floor area, and areas devoted to parking
structures below the flrst floor level shall be
excluded. rtFirst floor level" means the floor
above the basement as defined in Section 9102 of
the Munlcipal Code.
3 . Yard s :
a. Front Yard. A front yard shall be provided and
mainta1ned. Said yard shall have a mlnimurn
depth as follows:
(1) Computatlon/~Lrnensiqn?/D~iveway. Requ1red
front yard space maybe provided in any
configuration on any floor or floors
provided the first floor area is not less
than 3% of the site area and not less than
e~ght feet wide. Only that portion of a
dr1veway forward of the foremost building
line which is treated in an aesthetic manner
sim~lar or identical to the remainder of
the front yard shall be included in the
computation of front yard area.
(2) CM-2 District, east side of Ma~n Street,
a front yard equal to 3% of the total
site area shall be prov~ded for the first
floor only.
-IO-
. ,
(3) CM-2 Distr~ct, west side of Main Street,
a front yard equivalent to 3% of the total
slte area multlplled by the number of floors
of tre structure.
(4) CM-3 D~strlct, same as CM-2, west side.
(5) C~-4 Dl~trict, same as CM-2, west slde.
b. Slde Yards. No s~de yard shall be required.
c. Rear Yard. A rear yard shall be prov~ded and
malntained. Said yard shall have a mlnlmum
depth as follows:
(I) CM-2 Dlstrlct, east slde of Main Street.
(a) No rear yard shall be requlred for one
story structures and for the f~rst floor
of a two story structure, provlded that
any portlon of the first floor WhlCh 15
wlthln flve feet of the rear property
I1ne is not more than nine feet ln helght
and lS fully enclosed ~.e., wlthout win-
dows, doors, or vent~latlon openlngs per-
mittlng vlsual access to adjoinlng reSl-
dential property. The minimum rear yard
requirement for the second story portion
of a two story structure shall be 25 feet.
(b)
Use of Rear Yard.
rear yard is not
uses and parking
yard to the rear
level.
Commerclal use of the
permltted. Non-commerClal
are permitted in the rear
property line on the ground
(c) Use of Roof ln Rear yard. No portion of the
flTst floor roof within 15 feet of the rear
property 11ne may be used for any purpose
other than malntenance and repalr. The next
10 feet may be privately used (not open to
the public) if enclosed with a solid six
foot barrier and window deslgn that prevents
visual intrusion of adjolning residential
property.
-ll-
.
.
WHEREAS, the BU11d1nq and Safety Commission
has discussed and considered certain serious gen-
eral community safety problems caused by the number,
size, location and present use of some 240 pre-1934
potentlal1y earthquake hazardous buildings; and
WHEREAS, the Building and Safety Commiss1on
adopted a Resolutlon dated December II, 1979, where-
in the Building and Safety Commission recommended
prompt enactment into law of the 1979 Uniform Fire,
Building, Housing, Abatement and Administrative
Codes Vol 1-16 as presented to secure the beneficial
interests and the purposes thereof to the City of
Santa Monica; and
WHEREAS, in said Resolution the Building and
Safety Commission recommended that the City Council
make express findings that the modifications and
additions to the 1979 Building Code are required
because:
l. Increase& in the total number, pe~ht and
area of developments and bul1dimjs are ex-
tending and exceeding the current resources
of the fire service. The 'proposea-amend-
ments will maintain the community's buil~
ding inventory reason~bly within the pre-
sent fire suppression c~pability.
. -
2. The cClllKliUm..ty'~' exposure to d~ilgirUfo eqrth-<
quake effects and potential demands on emer-
gency services from pre-l934 earthquake
hazardous buildings need, to ~b8: -;:s'ignificantly
reduced. . -- - - ~
WHEREAS, the Plumbing and Mechanical Board of
Appeals has rev~ewed-the 1979 editions of" the Uniform
Plumbing and Mechanical Codes; and
-2-
..;.-
.
.
WHEREAS, the Plumbing and Mechanical Board of
Appeals has conferred wlth the cityls Chief P~umbing
and Mechanical Inspectors concerning technical modi-
fications and changes within these updated model
code editions; and revisions for purposes of admini-
strat~on and enforcement within Santa-Mbnica; and
WHEREAS, sald Plumbing and Mechanical Board of
Appeals recommends the prompt enactment into law of
the Unifor.m Mechanical Code, 1979 Edi~ion, and the
Uniform Plumbing Code, 1979 Editlon, pursuant to a
resolution adopEed thereby dated August I, 1979; and.
WHEREAS, the Electrical Board of Appeals has
reviewed the 1978 edition of the National Electrical
Code; and
WHEREAS, the Electrical Board of Appeals has
conferred with the city's Chief Electrical Inspector
concerning rnodificat1ons and changes within this up-
dated model code editloni and rev~sians for purposes
of administration and enforcement within Santa MOnica; and
WHEREAS, the Electrical Board of Appeals has
considered certain local problems caused by the im-
proper use of non-metallic sheated wiring and use of
aluminum alloy conductors in Slzes smaller than No.6; and
WHEREAS, the Electrical Board of Appeals adopted
a Resolution dated January 31, 1980, wherein, the
Electrical Board of Appeals rec~wnended propmpt enact-
ment into law of the 1978 National Electrical Code as
presented to secure the beneficial interests and pur-
poses thereof; and
WHEREAS, in said Resolution the Electrical Board
of Appeals recommended that the City Council make ex-
press findings that a modification of the 1978 National
Electric Code is required because certain uses of alu-
minum based conductors and non-metallic sheated wiring
have caused or led -to potentially hazardous-~lectrlcal
wlring lnstallations; and
-3-
--~'-
-~~- --<.-Q-';
.
.
WHEREAS, the Bu~ldlng Off~cer of the City of Santa
Monica has reviewed the 1979 Uniform Code for the Abate-
ment of Dangerous Buildings, 1979 National Electrical
Code, the 1979 Uniform Housing Code, and the Uniform Ad-
minlstrative Code, and recommends the adoption thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Chapter 1 of Article VIII of the Santa
Monica Municipal Code -entitled "Technical Construction
Codes" is hereby repealed in its entirety.
SECTION 2. Chapter 1 of Article VIII is hereby
added to the Santa Monica Municipal Code and shall
read as follows:
Chapter 1.
ADMINISTRATIVE. AND TECHNICAL
CONSTRUCTION COOES
Section 8100. Codes Generally. No person
shall erect, construct, erilarqe,~- .axe-er,. repair,
move, remove, convert, demolish, occupy, equip,
use or maintain any building or structure, or
fixture attached thereto, in violation ~f any
condition, proyision or regulation contained in
any of the a4ministrative or technical construc-
tion codes hereinafter re~erred to"in this Chap-
ter and adopted herein.
A. Each and everyone of the condi-
tions, penalties, regulations and terms of
said administrative technical construction
codes are incorporated by reference hereto
and made a part hereof as though fully set
forth herein.
B. Three (3) copies of each set of
administrative and technical cQnstruction
codes, as amended, deleted, or modified
therein, shall be on file in the office of
the City Clerk for use and examination by
the public.
-4-
.
.
Section alOI. Admin1strative Code.
That certain document's. 'e'ntitled "Uniform Admin-
istrative Code, 1979 Edition" adopted by the
International Conference of Building Officials
and "Santa Monica Amendments to the 1979 Uniform
Construction Codes'! are hereby adopted as amended,
deleted or modified therein, as the Administra-
tive Code of the Clty of Santa Monica, and shall
be referred to, together with such amendments,
deletions or modifications thereto, as the "Admin-
istrative Code"
Section 8102. Abatement of Dangerous
Bu~1din9s Code. That certain document entitled
"Unlform Code for the Abatement of Dangerous
Buildings, 1979 Edition," adopted by the Inter-
national Conference of Building Officials is here-
by adopted, as amended, deleted or modified there-
in, as the Abatement of Dangerous Buildings Code
of the Clty of Santa Monica, and shall be referred
to, together with such a~endments, deletions or
modifl.cations thereto, as the "Abatement of
Dangerous Buildlngs Code."
Section 8103. Buildin9 Code. That certain
documents entitled "Uniform Building Code, 1979
Edition,_" lncluding-Appendix I, Covered Mall Buildings,
and "Uniform Building Code Standards, 1979 lSdition,"
adopted by the International Conference of Buildlng Officials
are hereby adopted, as amended, deleted or modif1ed therein,
as the BU11dlng Code of the City of Santa Monica, and shall
be referred to, together with such amendments,
deletions or modiflcatlons thereto, as the "Bu11ding
Code. II
Section 8104. Electrical Code. That
certain document entitled "National Electr1cal
Code, 1978 Edition," adopted by the National Fire
Protection Association is hereby adopted, as
amended, deleted or mod1fied therein, as the
Electrical Code of the City of Santa Monica, and
shall be referred to, together with such amend-
ments, deletions or modif1cations thereto, as
the "Electrical Code."
-5-
.
.
Section 8105. Fire Code. That certain
documents ent1tled nUniform Fire Code, and all
its appendices, 1979 Edition," Uniform Fire Code
Standards, 1979 Edition, adopted by the Inter-
national Conference of Building Officials and
Flre Chiefs Associatlon and National Fire Codes
Volumes 1-16, 1979 Editions, published by the
National Fire Protection Association are hereby
adopted, as amended, deleted or modified therein,
as the Fire Code of the City of Santa Monica, and
shall be referred to, together with such amend-
ments, deletions or modifications thereto, as
the "Fire Code. It
Section 8l06. Housin~ Code. That certain
document entitled "Uniform Housing Code, 1979
Edltion," adopted by the International Confer-
ence of BU11ding Officials is hereby adopted, as
amended, deleted or modlfied therein, as the
Housing Code of the City of Santa M6nica, and
shall be referred to, together with such amend-
ments, deletions or modifications thereto, as
the "Housing Code. II
Section 8107. Mechanical Code. That certa1n
document entitled "Uniform Mechanical Code, 1979
Edition,n adopted by the International Conference
of Building Officials is hereby adopted, as amended,
deleted or modified therein, as the Mechanical
Code of the City of Santa Mon1ca, and shall be
referred to, together with such amendments, dele-
tions or modifications thereto, as the ItMechanical
Code."
Section 8108. P~~mbln~ Code. That certain
document entitled "Unifonn Plumbing COde, 1979
Editlon,ll adopted by the International Association
of Plumbing and Mechanical Officials is"hereby
adopted, as amended, deleted or mod1fied therein,
as the Plumbing Code of the City of Santa Monica,
and shall be referred to, together with such
amendments, deletions or modifications thereto,
as the "Plumbing Code. II
-6-
.
.
SECTIO~ 3. The City CoUncil of ' the City of-Santa IJbnici-flnds
and determines that the technical changes and modiflcations
to the Electrical Code as set forth in the "Santa Monica
Amendments to the 1979 Uniform Codes" are requ1red be-
cause certain uses of aluminum based conductors and non-
metall1c sheated wiring have caused or led to potentially
hazardous electrical wiring installations.
SECTION 4. Any provision of the Santa Monica Muni-
cipal Code or appendices thereto inconsistent therewith,
to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to
affect the provisions of this ordlnance.
SECTION 5. If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason
held to be invalid or unconstltut~onal by a decision of
any court of any competent Jurisdiction, such decision
shall not affect the validity of the remaining-portions
-7-
.
.
of the ord~nance. The City Council hereby declares
that it would have passed this ordinance and each and
every section, sUbsectio, sentence, clause or phrase
not declared invalid or unconstltutional without
regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City
Clerk shall attest to the passage of this ordinance.
The City Clerk shall cause the same to be published
once in the official newspaper within fifteen (lS)
days after its adoption. The ordinance shall be-
came effective after thirty (30) days from its
adoption.
APPROVED AS TO FORM:
~~~k
. .
STEPHEN SHANE STARK
Acting City Attorney
-8-
~ ,
.
.
Section 62005. APPLICATION FOR tlASSEUR'S PEID1IT.
A. Any person deslrlng a masseur's permit shall file with
the Chief a wrltten appllcation on a form to be
furnished by the Chlef. The appl~cant shall accompany
the application with tender of a one hundred and seventy
f~ve dollar ($175) filing and processlng fee. 7he same
information shall be lncluded on the appllcatlon as 15
requlred pursuant to subsectlons E and H of Sectlon 62002,
together with the followlng:
(1) A statement of the exact location at which the
applicant will be working as a masseur, lncludlng
the full street address and all telephone numbers
associated wlth said location. If the applicant
wll1 be working in a parlor, the applicatlon
should also lnclude the precise name under WhlCh
the parlor is operated, the form of ownershlp of
the parlor, i.e., whether individual, partnershlp,
corporate, or otherWlse, and the full naMes and
addresses of all owners and the managers or
manaqing employees principally ln charge of operatlon
of the parlor; and
(2) A statement in writlng from a licensed physlclan
In the State of Callfornla that he or she has
examined the applicant within the past 30 day
perlod preceeding sald appllcation and believes
the applicant to be free from all communicable
diseases.
-9-
.
.
B. The Chlef shall conduct an ~nvest~gation to determine
whether such appllcant lS quallfled pursuant to
subparagraphs A(l), A(2) I A(3), A(4), and A(6) of
Sectlon 62003 of th~s Chapter; if the person is so
qual~fied, and has sat~sfied the requ~rements of
subparagraphs A(l) and A(2) of thlS sectlon, the
Chief shall inform the applicant that a masseur1s
permit wlll be lssued as requested, upon compliance
with the requlrements of subsection D of thls section.
Where, as a result of his investlgatlon, the Chlef
determines that the applicant does not qualify
pursuant to sa~d subpara9raphs A(l}, A(2}, A(3), A(4),
and A(6} of Sectlon 62003, or has failed to satisfy
the requirements of subparagraphs A(l) and A(2) of
this section, he shall g~ve notice of such declsion
to the applicant and to the operator of the parlor,
if any, at which the appllcant intends to work,
within 30 calendar days from receipt of the application.
The operator or applicant shall have the rlght of
appeal from such decision, in the time and manner set
forth in Section 6124, et seq., of thls Code.
c. The Chlef is authorlzed to lssue a perrnlt under this
sectlon subJect to one or more of the fo11owlng con-
ditions:
(I) That changes ln the location where the permit
holder is employed must be reported to the Police
-10-
.
.
Department w~thln 48 hours after the change
occurs.
(2) That the holder of the perm~t must display a
photo identlfication card prepared by the Police
Department when working pursuant to the permlt.
ThlS card must be worn or d~splayed in a prominent
locatlon wlthin the immediate work space. If a
permit holder changes locatlon as described In
subparagraph (1) above, he or she shall be requ~red,
wlthin one week after such change occurs, to obtaln
from the Pollce Department, at a cost of ten dollars
($IO), a new photo identlfication card.
(3) That the doors of cubicles in whlch a permit
holder lS working Must be unlocked at all times.
(4) That, when working pursuant to the permit, the
permit holder may not expose hlS or her genitals
or buttocks, or, in the case of a female, her
breast(s), or make intentional contact with the
genitals or anus of any other person.
D. Wlthin SlX months following the fillng of an orlginal
appllcatlon for a masseur's permit, the appllcant shall
be requlred to take and pass an examlnation of
qualifications as set forth below:
(1) The examination required by this sectlon shall,
in the Judgment of the Chlef, be such as to
fairly determine the abl1ity of the appllcant to
-11-
.
.
properly perform the work which the applicant
would be authorized to do by the permit applied
for, and shall cover the fol10w1ng subjects:
anatomy, physlology, hyglene, and the practlce
and theory of ~assage as massage is deflned ln
Section 62000 D.
(2) The examination shall include both a practlcal
demonstration and a written test. It shal1 be
conslstent in both practlcal and techn1cal
requlrements.
(3) In the grading of the examinat1on, practical
demonstrations shall prevail over wrltten tests,
that 1S, a greater number of credlts shall be
allowed on practical demonstrations than on
wr1tten tests.
(4) The wrltten tests shall test the competency and
ab1lity of the applicant to engage in the practice
of massage. The examination shall requlre the
appl1cant to engage in the practice of massage.
The examinatlon shall require the appl1cant to
de~onstrate a basic knowledge of anatomy, phYS10logy,
hygiene, and manual and mechanical massage.
(5) The examination may be conducted by the Chief, or,
at h1S des1gnatlon, by the County Health Department.
Quallfied persons shall prepare, give and grade
the examination. A qualified person shall have
-12-
.
,
had at least five years of 11censure or pract1ce
1n his or her fleld and shall lnclude 11censed
health care professionals such as doctors,
ch1ropractors, physical therap1sts, and lndivlduals
who have pursued requlred courses ln an approved
massage school and are graduates thereof and
hold a d1ploma therefrom.
(6) The Chief shal1 establ1sh standards and procedures
governlng the adminlstration and grading of all
examlnations and shall exercise such supervision
as may be necessary to assure compliance therewith.
(7) An applicant who falls to pass the examination
shall not be eliglble for another examination
until four weeks after taking the prev10us
examination. An appl1cant who fails to pass
upon the thlrd trial shall not be again elig1ble
unt11 SlX months thereafter. An additional
processing fee may be required to be flIed with
the Chlef prlor to each examinatlon.
Section 62006. UNLAWFUL OPERATIONS.
A. No person shall glve, or assist In the giving, of any
massage to any person under the age of 18 years, unless
the parent or guardian of such minor person has consented
thereto ln writing.
B. No person under the age of 18 years shall be allowed
ln any massage parlor, unless the parent or guardlan
-13-
.
,
of such minor person has consented thereto in wr~ting.
C. Each operator shall erect and maintaln a recognlzable
and readable sign that will be posted adjacent to the
main entrance identifying the premises as a massage
parlor. All such signs must comply with Municlpal
Code requirements of the Clty of Santa Monlca.
D. Each operator shall have posted, in a consplCUOUS
location upon the premises where the massage operatlon
is to be conducted, the operator's permit as issued
by the Chief.
E. Each operator shall provide ln each room, or portion
of a room, where massages are given, sufflcient
lighting and ventilatlon as required by the Santa Monica
Buildlng Code.
F. Each operator shall provide and maintain adequate
equipment for dlsinfectlng and sterilizing of instruments
used in performing the acts of massage.
G. The Department of Health shall, from time to tlme, and
at least once a year, make an inspectlon of each massage
parlor in the City for the purposes of determinlng
that the health provisions of the laws of the State of
Callfornia and ordinances of the Clty of Santa Monica
and County of Los Angeles and this section are met.
H. A minimum of one tub or shower, and one toilet and wash
basin shall be provided for the patrons In every massage
parlor location; however, if male and female patrons
-14-
.
,
are to be served simultaneously at sald establishment,
separate tOl1et fac111ties shall be prov1ded for male
and female patrons. In those establlshrnents where
steam rooms or sauna baths are prov1ded, if male
and female patrons are to be served simultaneously,
separate steam rooms or sauna rooms shall be provided
for male and female patrons. Hot and cold running
water under pressure shall be provided to all wash
basins, bathtubs, showers, and siml1ar equipment.
Each wash basin shall be provided with soap or
detergent and sanltary towels placed in permanently
lnstalled dlspensers. A trash receptacle shall be
provided ln each toilet room. In additlon to the
wash basin provlded for patrons, a minimum of one
separate wash basln shall be provided in each massage
establlshment, which basir. shall prov1de soap or
detergent and hot and cold running water at all tlmes
and shall be located w1thin or as close as practicable
to the area devoted to the performing of massage
services. In additlon, there shall be provided at
each wash basin, sanitary towels placed ln permanently
installed dispensers.
EXCEPTION: If the wash bas~n for the patrons ~s not
in the tOl1et room but 15 adJacent thereto, th~s wash
basin will meet the separate wash basin requirement
if it is reasonably close to the area devoted to the
performlng of massage.
-15-
.
,
I. No person shall operate a massage parlor, or adminlster
a massage as herein defined in any massage parlor
between the hours of 12:00 A.M. and 7:00 A.M.
J. No person 11censed to do business as herein provlded
shall operate under any name or conduct business
under any designation not specifled in his or her
permit.
K. No person shall enter, be, or remain 1n any part of a
massage parlor licensed under this Chapter while 1n
the possesslon of, consUffi2ng, uSlng, or under the
~nfluence of any alcohol~c beverage or drugs. The
owner, operator, and manager shall be responsible for
lnsurlng that no such person shall enter or remain
upon the licensed premises.
L. No bUllding or part thereof used as a massage parlor shall
be equlpped with any electronlC, mechanlcal, or
artific~al device used, or capable of being used,
for recording or mon~torlng the conversat1on or other
sounds in any treatment room or room used by the
business customers.
M. No massage parlor issued a perm1t under this Chapter
shall send masseurs off the prem~ses for purposes of
admlnistering a massage, nor shall the massage parlor
or any part thereof be used by any employee, operator,
manager, or owner to recelve or accept such request
for off-premlses massages, nor to provide lnformatlon
-16-
.
.
to anyone how or where such off-premises massages
may be obtained.
N. Every person to whom or for whom a masseur's permit
shall have been granted pursuant to the provisions
of th~s Chapter shall display said permit in a
conspicuous place within the massage parlor so that
the same may be readily seen by persons entering
the prem~ses.
O. No person holding a masseur's permit issued under
this Chapter, or employed by or working in a massage
parlor licensed under this Chapter, may, in worklng
pursuant to such permit or license, expose his ar
her genltals~ buttocks, or, in the case of a female,
her breast(s), or make intentional contact with
the genitals or anus of any other person.
Section 62007. 11ANAGER. All massage parlors required to
be licensed under this Chapter shall have a manager on the
premises at all t~mes durlng which the massage parlor is open.
The operator of each massage parlor required to be l~censed
under thlS Chapter shall file a statement with the Chief, deslgnatlng
the person or persons empowered to act as manager at the operator's
massage parlor.
The manager of each massage parlor shall take necessary steps
to insure that caples of the masseur permlt for each on-duty
masseur Shall be conspicuously posted on the premises in close
proximlty to a slgn lndicat~ng that those persons are llcensed
on-duty masseurs.
-17-
.
.
Section 62008. CHANGES OF BUSINESS. Every massage parlor
operator shall report immediately to the Chief any and all changes
of ownershlp or management of the massage establishment, including,
but not limited to, changes of ~anager or other person princlpally
~n charge, stockholders holding more than ten percent of the
stock of the corporation, officers, d~rectors, and partners, and
any and all changes of name, style, or des~gnatlon under which
the business 1S to be conducted, and all changes of address or
telephone numbers of the business or parlor.
Section 62009. INSPECTIONS. The City1s Department of
Buildlng and Safety and P1re Department, and the Los Angeles County
Health Department shall lnspect the premises proposed to be
devoted to the massage establishment and shall certlfy on the
requ1red permit applicat1on, compliance or non-compllance with
the regu1atlons set forth in Section 62006 of this Chapter.
Section 62010. Tillll~SFER AND DURATION OF PE~lITSJ SUSPENSION
AND REVOCATION.
A. No permit issued hereunder shall be transferable. All
permlts for massage parlor operators and masseur permlts
shall be ~ssued for the per~od of the fiscal year or
portion thereof remaining followlng issuance of such
permit, and shall expire the last day of the fiscal
year (June 30) .
B. Appllcatlons for the next ensu~ng fiscal year may
be filed with the Chlef before the end of each f~scal
year. Such renewal applications must be filed no
-18-
.
.
later than 30 days prior to the end of the fiscal
year to prevent a lapse of the permlt.
C. Each appllcant for renewal shall f~le such informatlon
as nay be required by the Chief to update the
lnformation required for hlS or her orlg1nal permit
appllcatlon. A proces51ng fee, in accordance wlth
the Fee Schedule set forth In Section 62012 of thlS
Chapter/ shall be paid at the tlme the appllcation
for renewal 15 made.
D. The Chief May refuse to renew a permlt or may revoke
or suspend an existlng per.mlt on the grounds that
the appllcant or permlt holder has committed viola-
tions of the permlt conditlons or other requlrements
of thlS Chapter, or on any of the grounds specified
in Sections 6120 and 6123 of this Code. In any such
case, the applicant or permit holder shall have the
rlght to appeal from a decision of the Chlef, in the
tlme and manner set forth In Section 6l24, et seq.,
of thlS Code.
E. No suspended permlt may be renewed. If a suspended
permlt lapses during the suspension perlod, a new
appllcation must be made at the end of the suspension
period.
Section 62011. EXEMPTION; EXISTING PERMITTEES.
A. The provislons of thlS part shall not be deemed appllcable
to any person who is engaged ~n a healing art, and 18
-19-
.
.
licensed as such, pursuant to Divislon 2, commenc~ng
with Section 500 of the Bus~ness and Professions Code
of the State of California.
B. Com~encing July 1, 1980, perm~ts are to be ~ssued
~n accordance with the provisions of this Chapter.
As to persons holdlng ex~sting perm~ts, the follow~ng
schedule of compliance 15 to apply:
(l) Operators' permits shall continue in effect
for the remainder of the fiscal year and
shall be renewing in accordance with the
provislons of Section 62010, pending compllance
with the applicable requlrements of subparagraphs
(2) and (3) of this section.
(2) Nlthln 90 days of the effective date of this
ordlnance, the parlor is to be brought lUtO
compl~ance with all requirements of Section 62006.
(3) All persons operatlng under an existlng masseur's
perm~t and otherwise meetlng the requlrements
for permit renewal, are, within SlX months of
the effective date of this ordinance, to obtaln
a new permit in accordance wlth the provislons
of Section 62005. Pending tlmely satlsfaction of the
requirements of thlS SUbparagraph, existing
permittees are deemed to have a conditlonal permlt
satisfYlng the requlrements of this Chapter.
Sa~d condit~onal permit shall be granted only
-20-
.
.
upon payment of the standard renewal fee of
twenty dollars ($20), wh~ch amount w~ll be
deducted from the one hundred seventy f~ve
dollar ($175) applicat~on fee requlred wlth the
filing of an appllcation under Section 62005.
(4) Reasonable extensions of the t~me periods
speclfled ~n subparagraphs (2) and (3) shall be
granted by the Chlef upon a proper showlng and
upon timely request therefor.
Section 62012. FEES. The following Fee Schedule shall be
applicable to persons requlred to obtain perMits under this
Chapter:
A. Operator's Permits.
(1) Persons required to obtain an operato~'s perm~t
from the Police Department shall submit with
their applicatlon for sald permit, an appllcation
fee of one hundred dollars (SIOO) to cover the cost
of processlng the appllcation.
(2) An additional processing fee of one hundred dollars
($100) shall be requlred each time the operator's
permit lS requ~red to be renewed.
(3) The appllcation and renewal fees specifled In thlS
subsect~on shall be ln addltion to the buslness
1lcense tax WhlCh the operator of a massage parlor
is required to pay pursuant to Section 6240
of the Code.
-21-
. .
.
.
B. l1asseur's Permits.
(1) Persons required to obtain a masseur's permit
from the Police Department shall subm~t with
thelr application for said permit an applicatlon
fee of one hundred seventy five dollars ($175)
to cover the cost of processing the
appl~cation and the cost of adm~nlstering the
competency examination. If lt is necessary for
the applicant to be re-examined, an additlonal
fee may be requlred to cover the costs of
re-exaMinat~on, which fee must be paid prlor
to each Success~ve examlnation. If, as a result
of a decision denying a per~it pursuant to
subsection B of Section 62005, or for any other
reason, an appl~cant does not take the examlna-
tion, that portion of the one hundred seventy
f~ve dollar ($175) application fee intended to
cover the cost of adninistering the examlnation
shall be refunded.
(2) An additional fee of twenty dollars ($20) shall
be required each tlme the masseur's permlt ~s
required to be renewed.
(3) The application and renewal fees speclfied in
this subsectlon shall be ln add~tlon to the
buslness 11cense tax which a masseur is requlred
to pay pursuant to Section 6240 of the Code.
-22-
..
. .
.
.
c. The fees specified ~n this section may be increased
by reso1utlon of the City Counc~l, as necessary, to
cover any increase in the costs of processing
appllcations and adminlsterlng required exam~nations.
SECTION 3. Any provlsion of the Santa Monica Munlclpal Code
or appendices thereto ineonslstent herewith, to the extent of
such lnconsistencles and no further, are hereby repealed or
modlfled to that extent necessary to effect the provlslons of
this ordlnance.
SECTION 4. If any section, subsectlon, sentence, clause or
phrase of this ordinance is for any reason held to be invalld or
unconstltutional by a decision of any court of any competent
)urisdictlon, such decislon shall not affect the valldity of the
remalnlng portlons of the ordlnance. The City Cauncll hereby
declares that lt would have passed this ordlnance and each and
every seetlon, subsectlon, sentence, clause, or phrase not declared
invalld or unconstltutional wlthout regard to whether any portlon
of the ordinance would be subsequently declared lnvalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The Clty Clerk shall
cause the same to be published once ~n the official newspaper
withln 15 days after ~ts adoption. The ordlnance shall become
effectlve after 30 days from its adoption.
APPROVED AS TO FORB:
-23-
.
,~
.
./
ADOPTED AND APPROVED THIS
12th
DAY
OF
August
J J980 I
9J1~;r fjrJ~
(I /" ~1A~~ -
,~/
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE)
No. 1175.J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 22nd DAY OF July
J 1980j THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 12th DAY OF A~gust
BY THE FOLLOWING COUNCIL VOTE:
~ 1980
;
AYES:
COUNCILMEMBERS: Yannatta Go1dway, Jennings, Reed,
Rhoden, Scott, Bambrick
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCIlMEMBERS: van den Steenhoven
.r
ATTEST:
"
~~
CITY CLERK
.
,
as the lntroductlon of regularly scheduled
entertalnrnent, except that there may be no
more than an ~nc~dental increase in the ser-
Vlce area floor space of bars and restaurants; nor
b. Changes ~n use WhlCh result in a use
perm~tted under Section 9119B2 that is less
~ntense than the current use.
EXlsting uses shall count toward the total number of
bars and restaurants perm~tted wlthln the District.
A current use shall be consldered no longer existent
If that use 18 voluntarily changed or 1S abandoned for
a perlod of one year.
SECTION 5. The Santa Monlca Dlstricting Map is amended to
reclassify to the "Cr-1" Main Street Speclal Commercial Dlstr1.ct
all those properties presently classlfied In the C4 Highway
Cornmerical District located between Pico Boulevard and the
southeasterly C1ty lirn1ts and Second Street and Nellson Way.
The "eM" Distr~ct is divl.ded into sub-dlstricts, as shown on the
Zoulng map as follows:
All those commercially zoned propertles in the Maln Street Commercial
Distrlct presently zoned C-4 shall be in the CM-2 dlstrlct except the
following:
a) those properties on the west side of Maln Street northwesterly
of Strand and southeasterly of Bay, and lots 5, 6, and 7 of Weid
and Haverstick's subdivlsion, shall be in the CM-3 district, and
-14-
.
,
b} those properties southeasterly of Pier and northwesterly of
Bay, except lots 5, 6. and 7 of Weid and Haverstick's sub-
d1vislon shall be 1n the CM-4 dlstrlct.
SECTION 6. Th~s ordlnance 15 declared to be an emergency
measure adopted pursuant to the provlslons of Sectlon 615 of
the Santa Monlca Clty Charter and 15 necessary for preservlng the
publlC peace, health and safety, and the urgency for ~ts adopt10n
as set forth in the flnd1ngs above.
SECTION 7. Any prov1S10n of the Santa Monica Municipal Code
or appendlces thereto lncon5istent herewith, to the extent of such
inconslstencies and no further, are hereby repealed or modlfied
to that extent necessary to effect the prOVlslons of thlS ordlnance.
SECTION 8. If any provlslon of this ordlnance is held to be
unconstitutional by any court of competent )urisdlctJOn, it 15
the intent of the Clty Councl1 that such portion of such ordlnance
be severable from the remalnder and that the remainder be given
full force and effect.
SECTION 9. The Mayor shall slgn and the Clty Clerk shall
attest to the passage of thlS ordlnance. The Clty Clerk shall
cause the same to be publ1shed once In the offlcal newpaper wlthln
fifteen (15) days after its adoptlon. The ~rdinance shall become
effectlve from and after ltS adoption.
APPROVED AS TO FORNi:
-15-
t .
.
,
ADOPTED AND APPROVED THIS
12th
DAY
OF
August
J 19~O.
J /l
xV0AA. f1 ' f: 10~
I /'- M~y-dJ ~-
,
/
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
No. 1176 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 8th DAY OF
August J 1980; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE
8th DAY OF August
, 1980
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Yannatta Goldway, Jennings, Rhoden,
Scott, Bambrick
NOES:
COUNCILMEMBERS: Reed
ABSENT:
COUNcIlMEMBERS: van den Steenhoven
/'
"
-...
ATTEST:
.'.
_ ~-0-~:
CITY CLERK