O1358
//
e
.
CA:RMM:rmo027a
CIty CouncIl MeetIng 1-28-86
Santa Monica, California
ORDINANCE NO. 1358{CCS)
(CIty CouncIl SerIes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 12
OF ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO MASSAGE
REGULATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 12 of ArtIcle VI of the Santa MonIca
MunICIpal Code is amended 1n Its entirety to read as follows:
CHAPTER 12. MASSAGE REGULATIONS.
SECTION
62000.
DefinItions.
The followIng words and phrases as
used In thIS ArtIcle shall have the
following meanings:
(a) Chief of Pql~ce. The Chief
of Police of the CIty of Santa MonIca.
{bl CIty
Manager.
The City
Manager of the CIty of Santa Monica.
{cl Cltv
CouncIl.
The CIty
CouncIl of the CIty of Santa MonIca.
1
e
e
(d) Massaae.
Any method of
pressure on or friction against, or
strokIng, kneading, rubbing, tapping,
pounding, or stimulating the external
parts of the body wIth the hands or
other parts of the body, with or
without the aId of any mechanical or
electrical apparatus or appliances, or
with or without supplementary aids
such as rUbbing alcohol, lInIments,
antiseptiCS, oils, powder, creams,
lotions, ointments, or other simIlar
preparations commonly used in this
practice.
(e) Massaae
Establishment.
Any establishment haVIng a fIxed place
of bUSiness or any IndIVIdual, fIrm,
association, partnershIp, corporation,
or combination of IndiViduals, engaged
In conducting, carrYing on, or
permitting to be engaged in, conducted
or carrIed on, massages, or health
treatments Involving massage as the
prinCipal function.
efl Massaae TechniCIan. Any
person who for compensatIon, engages
2
e .
In the practice of massage as he~ein
defIned.
(g) NotIce. Any notIce gIven
by UnIted States mall, postage prepaid
and properly addressed. NotIce shall
be presumed gIven when deposIted In
the UnIted States mall.
rh) Ooerator's
Permit.
The
permIt requIred pursuant to the
prOVIsIons of thIS Chapter to operate
a massage establishment or off-premise
massage business.
(1) Qff rr~mlse Ma~sa~e
BUSIness. EngagIng In, conductIng or
ca~rYlng on of massage at a location
other than the massage establIshment
which has been lIcensed, or which
should be lIcensed pursuant to thIS
Chapter.
(J) PolIce
Deoartment.
The
Police Department of the City of Santa
Monica.
SECTION 62001. 0gerator'~
PermIt ReaUIred. Except as provided
for In SectIon 62016, no person shall
operate a massage establishment or
off-premIse massage bUSIness within
3
e
e
the City without fIrst obtainIng an
operator's
prOVISIons
securIng
permIt pursuant to the
of thIS Chapter and
the
necessary
bUSIness
license as requIred by ArtIcle VI of
this Code.
SECTION 62002. Application for
9~erator's ~nQ Off-Pr~mlse Oper~tor's
PermI~. Any person desIring an
operator's permIt for a massage
establIshment or off-premLse massage
business shall file a written
applIcation wIth the ChIef of police
on a form requIred by the Chief of
polIce. The applIcant shall accompany
the applIcation wIth the appropriate
filIng fee. The applIcatIon shall
contain or be accompanIed by the
follOWIng informatIon:
(a) The type of
the
bUSIness,
i.e.,
ownershIp of
whether by
IndIvidual, partnership, corporation,
or otherWIse.
(b) The precise name under
WhICh the massage establIshment or
off-premise massage bUSIness IS to be
conducted.
4
e
e
(cl The complete address and
all telephone numbers of the massage
establishment or off-premIse massage
busIness.
(d) A complete lIst of the
names and reSIdence addresses of all
proposed massage technicIans and
employees In the massage establishment
or off-premise massage bUSIness and
the name and residence addresses of
the manager or managing employee
proposed to be prIncIpally in charge
of the operatIon of the massage
establIshment or off-premise massage
business.
(el The following personal
informatIon concerning the applIcant:
(1) Name and complete
residence address.
(2) Two prevlous
addresses Immediately prior to the
present address of the applicant.
(3) WrItten proof of age.
(41 HeIght, welght, color
of hair and eyes, and sex.
(S) Two front faced
portrait photographs at least 2 Inches
5
e
e
by 2 Inches In size taken by the
Police Department.
(6) The massage or
sImIlar busIness hIstory and
experIence of the applIcant, IncludIng
but not limited to, whether or not
such person, In prevIously operating a
massage establishment or similar
business In thIS or any other City or
State under license or permit has had
such license or permit denied,
revoked, or suspended and the reasons
therefor.
f7) All
crIminal
traffIc
convictions excludIng
mIsdemeanor or Infraction violations.
( 8 )
A
complete
by the
set
of
fingerprints
Department.
For purposes of this Section,
applIcant shall mean the owner and the
operator of the proposed massage
establishment, If a sole
proprietorship: each general partner,
If a partnershIp; each officer and
director, if a corporatIon; each
taken
PolIce
participant if a JOInt venture.
6
e
.
( f )
wrItten
Each
test
operator shall pass a
dealing with the
this Code to ensure
requirements
substantial
of
understanding
of
the
operator's and manager's duties.
(g) Such other InformatIon and
IdentIfication as deemed necessary by
the Chief of PolIce.
(hl Authorization for the City,
Its agents and employees to seek
verification of the Information
contained in the applicatIon.
(I) A statement In writing by
the applicant that he or she certified
under penalty of perJury that all
InformatIon
contained
In
the
application is true and correct.
SECTION 62003. Qoerator Permit
Issuance and Denial. Upon receipt of
a written application for a permit,
the Chief of Police shall conduct an
investigatIon, In such manner as he or
she deems appropriate, in order to
ascertain whether such permit should
be Issued as requested. The Chief of
Police shall approve, conditionally
approve, or deny the application
7
e
e
within 30 days of the filing of an
application. The Chief of Police
shall issue such permit as requested
unless the Chief of Police makes any
of the following findings:
(a) Any person, Including, but
not limited to, employees who will be
directly engaged or employed in the
massage establishment or off-premise
massage bUSiness, has been convicted
of a ViolatIon of Health and Safety
Code Section 11550 or a Violation of
Penal Code Sections 2661, 315, 316,
318, or 647{bJ, or has been convicted
In any other State of any offense
WhiCh, if committed or attempted in
thiS State) would have been punished
as one or more of the above mentioned
offenses, or that any such person IS
required to register under the
prOVisions of Penal Code Section 290.
(bl Any person, including, but
not limited to, employees who Will be
directly engaged or employed In the
massage establishment or off-premises
massage bUSiness, has been convicted
of any felony offense InvolVing the
8
e
.
sale of a controlled substance
specified In Health and Safety Code
Sections 11054, 11055, 11056, 11057,
or 11058 or has been convicted in any
other State of any offense which, if
commItted or attempted 1n th1s State,
would have been punIshable as one or
more of the above mentioned offenses.
(c) Any person, IncludIng, but
not limited to, employees who WIll be
d1rectly engaged or employed In the
massage estab11shment or off-premise
massage bus1ness, has commItted an
act, WhICh, if done by a lIcensee or
permIttee under this Chapter, would be
grounds for suspenSIon or revocation
of a lIcense or permit.
(d) Any person, Includ1ng, but
not limited to, employees who wIll be
dIrectly engaged or employed In the
massage establIshment or off-premIse
massage business, has committed an act
InvolvIng dishonesty, fraud, or deceit
wIth the intent to sUbstantIally
benefIt himself, herself, or another
or substantIally to Injure another, or
an act of violence, wh1ch act or acts
9
e
.
are
substantially
related to the
qualificatIons, functIons, or dutIes
of
the
massage
establishment or
off-premise massage bUSIness.
(el The operatIons of the
massage establIshment or off-premise
massage bUSIness would, If allowed,
constitute a publIC nUIsance.
(fl The applicant has knowingly
made a false, mIsleadIng, or
fraudulent statement of fact to the
City
in
the
permit
applIcation
process.
(g) The
contaIn the
application does not
InformatIon required by
Section 62002.
(h) The applIcant has not
satisfIed the requIrements of this
Code.
SECTION 62004.
CondItIons of
Permit Issuance. The Chief of Police
shall conditIon the issuance of an
operator's permit to ensure compliance
WIth thIS Chapter and other applIcable
laws. Such condItions shall Include,
but not be limited to, the follOWIng:
10
e
e
(a) The front door of the
massage establishment and the doors of
the cubicles In WhICh massages are
beIng performed must remaIn unlocked
during all hours of operation. No
electronIc lockIng deVIce may be
utilized on any entrance door.
(bl No massage technician or
employee shall expose his or her
genItals, buttocks, or, In the case of
a female, her breastCs) nor, in the
course
of administerlng a
intentIonal contact
massage,
with the
make
genitals or anus of another person.
(e) The massage establishment
or off-premise massage bUSIness shall
not refuse service on the baSIS of a
customer's sex, race, color, relIgIon,
ancestry, natIonal origIn or other
arbitrary factor proscribed by the
Unruh CiVIl RIghts Act, CiVIl Code
Section 51 et seq.
(d) The massage establishment
be open to inspectIon by the
of PolIce or hiS or her
shall
Chief
authorIzed representative
normal bUSIness hours.
during
11
e
e
(el The massage establishment
or off-premise massage business shall
comply with all provISions of this
Chapter.
SECTION 62005. Denial of Perm~t
and AODeal. When the Chief of Police
makes any finding under Section 62003,
the Chief of Police shall deny the
application. Any deCIsion of the
Chief of Police with respect to the
denial of an application or
condItIonal approval of any permIt
shall be SUbJect to an appeal by the
aggrieved applicant, provided that the
appeal is taken Within the time and In
the manner set forth In Section 6126
of this Code.
SECTION 62006. Hassaqe Techni-
cian Permit.
(al No person haVing an
operator's permit shall employ as a
massage technician In a massage
establishment or off-premise massage
business any person who has not
obtained and has In effect a massage
technICian permit Issued pursuant to
12
e
e
SectIon
62008
or
an
exemption
certIficate Issued pursuant to Section
62016.
(b) No person shall perform
massage In a massage establishment,
off-premIse massage business, or for
compensatIon unless such person has in
effect a massage technician permIt
Issued pursuant to SectIon 62008 or an
exemption certifIcate Issued pursuant
to Section 62016.
(cl The
holder
of
the
operator's permit shall be responsible
for ensuring that each person employed
as a massage technIcIan has obtained
and continues to hold a valId massage
technician permIt or has obtaIned an
exemption certIfIcate
Section 62016.
(d) Every holder of an
operator's permit under this Chapter
shall report to the Chief of Police
any and all changes of employees,
whether by new or renewed employment,
discharge, or terminatIon, statIng the
name of the employee, and the date of
pursuant to
13
e
e
change. The report shall be made
within five days of the change.
SECTION 62007. Aoolicatlon for
Massaqe Technician.
Any person desiring a massage
technician permit in a massage
establishment or off-premise massage
business, shall file with the Chief of
Police a written application on a form
required by the Chief of Pollce. The
applicant shall accompany the
application with the appropriate
filing fee. The application shall
contain or be accompanied by the
follOWing information:
(a) If known, a statement of
the
exact
location at which the
applicant Will be working as a massage
techniCian or the central business
address for an off-premise massage
techniCian, including the full street
address and all telephone numbers
associated With said location. If the
applicant Will be working In a massage
establishment, the application shall
Indicate the name and address of the
massage establishment.
14
.
.
(b) A statement in wrItIng from
a licensed physician In the State of
CalIfornIa that he or she has examIned
the applicant wIthin the past thIrty
day period precedIng said applIcation
and belIeves the applicant to be free
from all communIcable diseases.
(c) The following personal
InformatIon concernIng the applIcant:
(1) Name and complete
reSIdence address.
(2) Two
preVIOUS
addresses ImmedIately prIor to the
present address of the applIcant.
(3) WrItten proof of age.
(4) HeightJ weIght, color
of haIr and eyes, and sex.
(S) Two front faced
portrait photographs at least 2 Inches
by 2 inches in size taken by the
Police Department.
(6) The massage or
SImIlar bUSIness history and
experIence of the applicant, including
but not limIted to, whether or not
such person, In preVIously performIng
massage serVIces or operatIng a
is
.
e
massage establIshment or sImilar
busIness In thIs or any other City or
State under lIcense or permit has had
such license or permit denied,
revoked, or suspended and the reasons
therefor.
(7) All
convictions excluding
crimInal
traffic
misdemeanor or InfractIon vIolations.
( 8 )
A
complete
by the
set
of
fingerprInts
Department.
(d) Each applIcant must furnIsh
a dIploma or certificate and
transcript of graduatIon from an
approved school whereIn the method,
profession, anatomIcal and
taken
Police
physiological knowledge and practIce
of massage is taught. The term
"Approved School" means and Includes
any school or institution of learning
lIcensed by the State of CalIfornia
and approved by the State
SuperIntendent of PublIC Instruction
pursuant to EducatIon Code Section
943110
and
reviewed
by
the
SuperIntendent withIn the preceding
16
.
.
twelve month perIod WhICh has for lts
purpose the teachIng of the theory,
method, profession} or work of massage
technIcians and WhICh school reqUIres
a resident course of study of not less
than one hundred hours. The ChIef of
PolIce may conSIder an applicant's
study of massage completed outside the
State of California if proof of
completIon from a formalized course of
study In massage, practice, anatomy,
and phYSlology is provided upon
applIcatIon. Proof of completion
shall Include, but not be 1ImI ted to
dates of study} the name of the school
attended, the address of the school
attended, and the phone number of the
school attended. The applIcant must
also supply a
outline of
course descrIptIon,
material covered,
an
a
transcript and a letter to the
lIcensing authority from the school
admInIstrator verIfYing completIon.
Any outsIde course of study submitted
for approval shall meet the State of
California's OffIce of Post Secondary
Education's mInimum requirements.
17
.
.
(e) The applicant must pass a
written and oral examination prior to
the issuance of the massage technician
permit. The examination shall meet
the following requirements:
(ll The examination
shall, In the judgment of the Chief of
Police, be such as to fairly determine
the ability of the applicant to
perform the work which the applicant
will be authorized to do by the permit
applied for, and shall cover the
following subjects: Anatomy,
Physiology, Hygiene, Sanitation,
Massage Theory and Practice, EthiCS of
Massage Practice, First Aid and CPR,
and this Code.
(2) The examination may
be conducted by the Chief of Police,
or his or her designee. Qualified
persons shall prepare, give and grade
the examination. A qualified person
shall have at least five years of
licensing or practice in his or her
field and shall include licensed
health care profeSSionals such as
Doctors, Chiropractors, PhYSical
18
.
e
Therapists, and IndivIduals who have
pursued required courses In an
approved massage school and a~e
graduates thereof and hold a diploma
therefrom.
shall
(3) The Chief of Police
establish standards and
procedures
administration
examinations
governing the
and gradIng of all
and shall exerCise such
superviSIon as may be necessary to
ensu~e complIance thereWith.
(4) ~n applIcant who
fails to pass the examination shall
not be elIgible for another
examInatIon untIl 90 days after the
preVIOUS examination. An applicant
who fails to pass upon a thi~d trial,
shall not be elIgible again until one
year thereafter. An additional
processing fee may be
flIed With the Chief
to each examInation.
(fl Such other Information and
IdentIfication as deemed necessary by
the ChIef of PolIce.
required to be
of Police prior
19
.
.
(g) AuthorizatIon for the City,
its agents and employees to seek
verIfication of the Information
contaIned in the applIcatIon.
(h) A statement in wrIting by
the applIcant that he or she certifIed
under penalty of perjury that all
information
contained
in
the
applIcatIon is true and correct.
SECTION 62008. Massaqe TechnI-
CIan PermIt Issuance and Dental. Upon
receIpt of a wrItten applIcatIon for a
permIt, the ChIef of PolIce shall
conduct
an InvestIgation, in such
manner as he or she deems appropriate,
In order to ascertaIn whether such
permit should be issued as requested.
The Chief of PolIce shall approve,
condItIonally approve, or deny the
applicatIon WIthin 30 days of the
fIling of an applIcatIon. The ChIef
of Police shall Issue such permit as
requested unless the Chief of Police
makes any of the followIng findIngs:
(a) The applIcant has been
convIcted of a VIolatIon of Health and
Safety
Code
SectIon
11550 or a
20
.
.
vIolation of Penal Code SectIons 266i,
315, 316, 318, or 647(b), or has been
convicted in any other State of any
offense WhICh, if commItted or
attempted In thIS State, would have
been punished as one or more of the
above mentIoned offenses, or that the
applIcant is required to register
under the provIsions of Penal Code
Section 290.
(b) The applIcant has been
convicted of any felony offense
InvolVing the sale of a controlled
substance specIfIed In Health and
Safety Code Sections 11054, 11055,
11056, 11057, or 11058 or has been
convIcted In any other State of any
offense which, if committed or
attempted In thIS State, would have
been punishable as one or more of the
above mentioned offenses.
(c) The applIcant has committed
an act, which, if done by a lIcensee
or permittee under thiS Chapter, would
be grounds for suspenSIon or
revocatIon of a license or permit.
21
. .
(d) The applIcant has committed
an act involvIng dIshonesty, fraud, or
deceIt with the intent to
sUbstantIally benefit himself,
herself, or another or substantIally
to inJure another, or an act of
violence, WhICh act or acts are
substantially related to the
qualIficatIons, functIons, or duties
of a massage technician.
(e)
made a
fraudulent
CIty in
process.
(f) The applIcation does not
contain the InformatIon requIred by
The applIcant has knOWIngly
false, misleadIng, or
statement of fact to the
the permit appllcation
Sectlon 62007.
{gl The applIcant has not
satisfied the requirements of thIS
Code.
Massacre
TechniCIan's
CondltIons
Permi ts.
of
The
SECTION 62009.
Chief of Police shall condItIon the
issuance of a permIt for a massage
technician's permit to ensure
complIance WIth thIS Chapter and other
22
.
.
applIcable laws. Such conditions
shall include, but not be lImited to,
the following:
(a) That changes of the
business address of the permit holder
must be reported to the Chief of
Police wIthin three workIng days after
the change occurs.
(bl That the holder of the
permIt must have in his or her
possession a photo IdentIfIcatIon card
prepared by the Police Department when
working pursuant to the permIt. The
photo IdentifIcation card shall be
promptly presented to any peace
officer upon request. If a permit
holder changes his or her business
address as described In subsection (a)
above,
wIthin
occurs,
he or she
five days
to obtaIn
shall be requlred,
after such change
from the PolIce
Department a new photo identifIcation
card.
(el That If the applicant is
authorlzed to conduct off-premIse
massage, that off-premIse massage
shall not be conducted In a hotel,
23
.
.
motel,
or commercial establishment
except an offIce occupIed by the
customer.
Cd) That when working pursuant
to the permIt, the permIt holder may
not expose his or her genItals or
buttocks, or, In the case of a female,
her breastCs), or make Intentional
contact or occasIonal and repetitIve
contact wIth the genItals or anus of
another person.
(e) No
massage
technicIan
employed by an Adult Entertainment
Use, as defined in Chapter 7 of
Article IX of thIS COde, may hold an
off-premIse massage permIt at the same
tIme.
(f) No massage technician
employed by a massage establIshment
may engage In any off-premise massage
busIness.
24
.
e
SECTION 62010. Unlawful Opera-
tio~~.
(a) No person shall give2 or
assist in the glving, of any massage
to any person under the age of 18
years, unless the parent or guard1an
of such minor person has consented
thereto In wrIting.
(b) Each Operator shall erect
and maintain] after obtaining the
necessary permits, a recognIzable and
readable slgn that will be posted
adJacent to the main entrance
identIfying the premIse as a massage
establishment. The signs may not use
any strobe llghts or other flash1ng
11ghts to 1lluminate the front of the
business. Each operator shall have
posted] In a consp1cuoUS location upon
the premIses where the massage
operation is to be
operator's perm1t as
ChIef of PolIce.
(c) Each operator shall prOVIde
In each room where massages are gIven,
suffICIent lIghtIng and ventilation as
requ1red by the Uniform BUIlding Code.
conducted, the
issued by the
25
.
.
(d) The Department of Health
shall, from tlme to tIme, and at least
once a year make an inspection of each
massage establlshment In the City for
the purposes of determining that the
health provislons of the laws of the
State of California and ordinances of
the Clty of Santa Monlca and County of
Los Angeles are met.
(e) A mlnlmum of one tub or
shower, and one toilet and wash basin
shall be provided for the patrons in
every massage establlshment. If male
and female patrons are to be served
simultaneously, and If steam rooms and
saunas are provIded, separate steam
rooms or saunas 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 SImIlar equlpment. Each
wash basin shall be provided with soap
or detergent and sanitary towels
placed In permanently installed
dispensers. A trash receptacle shall
be provided In each toilet room. In
additIon to the wash baSIn provIded
26
.
e
tor patrons, a mInimum of one separate
wash basIn shall be provIded In each
massage establIshment, which baSIn
shall prOVIde soap or detergent and
hot running water at all tImes and
shall be located w1thin or as
practical to the area devoted to the
performing of massage serVIces. In
add1t1on, there shall be prov1ded at
each wash bas1n, sanitary towels
placed in permanently Installed
d1spensers. If the wash baS1n for
patrons 1S not 1n the toilet room but
it IS adjacent thereto, this wash
basin shall meet the separate wash
bas1n requ1rement 1f it IS reasonably
close to the area devoted to the
performing of massages.
(f) No person shall operate a
massage establIShment, or adm1nlster a
massage as here1n defined in any
massage establIshment between the
hours of 10:30 p.m. and 7:00 a.m.
(9) No person licensed to do
business as here1n prOVIded shall
operate under any name or conduct
27
.
.
business under any designation not
specified in his or her permit.
(h) No person shall enter, be,
or remain In any part of a massage
establishment licensed under this
consuming,
uSing,
possession
or under
of,
the
Chapter
while In
Influence of any alcoholiC beverage or
drug. The owner, operator, and
manager shall be responsible for
ensuring that no such person shall
enter or remain upon the licensed
premises.
il) No bUilding or part thereof
used as a massage establishment shall
be eqUipped With any electronic,
mechanical} or artifiCial deVice used,
or capable of being used for recording
or videotaping, for monitoring the
actiVities, conversation, or other
sounds in the treatment room or room
used by the business customers.
(j) No massage establishment
issued a permit under this Chapter
shall send massage technicians off the
premises for the purposes of
administering a massage, nor shall the
28
e
e
massage establ1shment or any part
thereof be used by any employee,
operator, manager, or owner to receive
or accept such requests for
off-premlse massages, except when such
off-premlse massage is permltted by
this Chapter.
(k) Every person to whom or for
whom a massage technician permit shall
have been granted pursuant to the
provlsions of thls Chapter shall
dlsplay said permit 1n a conspicuous
place withln the massage establishment
so that the same may be readlly seen
by persons enterlng the premises.
(1) No person holding a massage
technician permlt lssued under thls
Chapter, or employed by or worklng in
a massage establishment licensed under
this Chapter, may, in work1ng pursuant
to such Chapter or llcense, expose h1S
or her genltals, buttocks, or, 1n the
case of a female, her breastCs), or
make lntentlonal contact or occasional
and repetitive contact with the
genltals or anus of another person.
29
.
.
(m) All persons, massage
technicians, and attendants shall wear
clean outer garments. These garments
must be of a fully opaque material and
provide complete covering of the
genitals, genital area, buttocks and
female breasts of such employees,
massage technicians, and attendants.
(n) Each establishment shall
provide to all patrons, clean,
sanitary and opaque coverings capable
of covering the patrons' speCified
anatomical areas, Including the
genital area and buttocks and female
breasts. No common use of such
coverings shall be permitted and
re-use IS prohibited unless adequately
cleaned.
(0) No massage techniCian,
while performing any task or service
associated With the massage bUSiness,
shall be present In any room With
another person unless the person's
specified anatomical areas are fully
covered.
(p) Standard or
massage tables shall be
portable
used WIth a
30
e
.
durable, washable plastic or other
waterproof material as a covering.
Foam pads more than four inches thick
or with a width of more than four feet
may not be used. Beds, mattresses,
and water beds may not be used in the
adminIstration of a massage.
(q) Every person operating a
massage establishment and each person
doing business as a massage technIcian
shall keep a record of the dates and
hour of each treatment or serVIce,
name, address and blrthdate of the
patron to be
identification,
adminIstering
description of
service rendered.
verIfIed by legal
name of technician
such
the
service and
treatment or
These records shall
be open to inspectIon by the health
officials charged With the
responSibility of preventing the
spread of communicable and contagious
diseases and to offiCials charged With
the enforcement of the prOVISions of
thIS Code. The InformatIon furnished
or secured as a result of any such
records shall be used only to ensure
31
.
e
and enforce complIance with this
Chapter and other applIcable laws and
shall otherwlse remaIn confIdential.
OffIcials charged wlth enforcement of
this Chapter shall periodically
Inspect said records to ensure
compliance wlth thIS SectIon. The
records required by this subsection
shall be maIntained for a perlod of
not less than one year.
(r) The holder of the permit
must have In hIS or her possession a
photo IdentlfIcation card prepared by
the PolIce Department when workIng
pursuant to the permit. The photo
ldentlflcation card shall be promptly
presented to any peace officer upon
request.
(s) No person shall operate as
an off-premIse massage technlClan or
administer a massage as herein defined
between the hours of lO~30 p.m. and
7~OO a.m.
(t) No person while conductIng
bUSIness as an off-premIse massage
technician, shall be in possession of,
32
e
.
or
under
the
Influence
of any
alcoholic beverage or drugs.
(u) No person holding an
off-premIse massage technician permit
shall conduct massage whether or not
for compensatIon, at any hotel, motel,
or other commerCIal establishment
except
an offIce occupied by the
customer.
(v) No common use of towels or
linens shall be permItted and re-use
is prohibited unless they have been
first laundered.
SECTION 62011. Managers. All
massage establishments reqUIred to be
lIcensed under this Chapter shall have
a manager on the premise at all times
during which the massage establishment
IS open. The operator of each massage
establishment reqUired to be licensed
under this Chapter shall fIle a
statement WIth the Chief of Police,
designating the person or persons with
power to act as a manager at the
operator's massage establishment.
33
e
.
SECTION
62012.
Chances
of
Business. Every massage establishment
operator shall report immediately to
the ChIef of Pollce, any and all
changes of ownership or management of
the massage establishment, including,
but not limited to, changes of manager
or other person principally in charge,
stockholders holdlng more than ten
percent of the stock of the
corporation, officers, directors, and
partners in any and all changes of
name, style, or deSignation under
which the bUSIness is to be conducted,
and all changes of address or
telephone
bUSiness.
numbers
of the massage
SECTION
62013.
Jns~ections.
The City's Building and Safety
Department and Fire Department, and
the Los Angeles County Health
Department, shall lnspect the premises
proposed to be devoted to the massage
establishment and shall certify on the
required permit application,
compliance or noncompliance WIth the
34
e
e
regulations
Chapter.
as set forth In this
SECTION 62014. Transfer and
Duration of Permits. Susoension and
Revocatlon.
(a) No permlt issued hereunder
shall be transferable. All operator
and massage technician permlts shall
be issued for the period of the fiscal
year or portlon thereof remaIning
followIng lssuance of such permlt, and
shall expIre the last day of the
fiscal year (June 30thl.
(b) ApplIcations for the next
ensuing fiscal year shall be filed
with the Chief of Pollce before the
end of the fiscal year. Such renewal
applicatIons must be flIed no later
than 30 days prior to the end of the
flscal year to prevent a lapse of the
permit.
(c) Each applIcant for renewal
shall file such information as may be
required by the ChIef of Police to
update the Information requlred for
his or her origInal permit
appllcatlon. Each massage technician
35
e
.
renewal
applIcant shall include a
statement in wrIting from a licensed
phYSIcian in the State of California
that
he or she has examined the
applicant
withIn the past 30 day
period preceding said applicatIon and
belIeves the renewal applicant to be
free from all communIcable diseases.
I
(d) The Chief of Police may
refuse to renew a permit or may revoke
or suspend an eXIsting permIt on the
grounds that the applicant or permIt
holder has permitted violatIons of the
permit
conditions
or
other
requirements of this Chapter, or on
any grounds speCIfied In Section 6120
or 6123 of thIS Code.
In any such
case, the applicant or permit holder
shall have the right to appeal from a
decision of the ChIef of Police, in
the time and manner set forth in
Section 6124 ~t sE/q. , of this Code.
(e) No suspended permIt may be
renewed. If a suspended permit lapses
during the suspension period, a new
application may be approved to be
36
e
e
effective only upon the expiration of
the period of suspension.
{f) Two or more violations of
either Section 62004 or Section 62010
within a twelve month period shall
result in revocation of the operator's
permit. In any case involving
revocation or suspension of the
operator's permit under this Section,
a change of ownership or the operator
of the massage establishment shall not
effect the suspension or revocation of
the police permit. In any case of
suspension under this SectIon,
application for a new operator permit
may be made and shall be effective
only after the completion of the
period of suspension.
SECTION 62015. Exemption for
Heallnq Arts. The proviSions of this
Chapter shall not be deemed applicable
to any person who IS engaged in a
healing art, and IS licensed as such,
pursuant to Division 2, commencing
with Section 500 of the Business and
Professions
California.
Code of the State of
37
e
e
SECTION 62016.
Other Professionals.
(a) Except as provIded for in
this Section, the provisIons of this
Chapter shall not be deemed applicable
ExemptIon fot:".
to any person who obtains an exemption
certIficate in accordance with the
prOVISlons of this SectIon.
(bJ In order to be eligible for
an exemptIon certIfIcate, a person
must have been Issued a CertifIcate of
Authorization
for
Service
as an
Instructor
CalifornIa
in Massage
Education
pursuant to
Code Section
94311{d){3) or be be a member of a
professIonal organizatIon or
associatIon WhICh the Chief of PolIce
determines meets each of the following
reqUIrements:
(1) The organizatIon or
aSSOCIatIon reqUIres that its members
meet mInImum educational requirements.
The educational requirements must
include at least 300 classroom hours,
or Its equivalent, In Anatomy,
PhYSIOlogy, HygIene, SanItatIon,
38
e
e
Massage Theory and PractIce, EthICS of
Massage PractIce, First AId and CPR.
(2) The organization or
association requires that a test be
passed In order to obtain membership.
The test must be conducted in a fair
and impartial manner and meet or
exceed the testIng reqUIrements of
Section 62007.
(3) The organizatIon or
association requires partIcipation in
contInuing education programs as a
condItion of continUIng membership.
(4) The organizatIon or
association has established rules of
ethics and has enforcement procedures
for the suspension and revocation of
membership of persons violatIng the
rules of ethICS.
(c)
In
order
to obtaIn an
exemption certIficate, the person must
fIle an application for an exemption
certificate in the form required by
the Chief of PolIce. If the
application for exemption IS based
upon the person haVIng been Issued the
necessary Certificate of AuthorizatIon
39
e
e
for ServIce as an Instructor, the
application for exemption shall be
approved or denIed within 10 days of
the filing of the application. If
the application for exemption is based
upon membership In a qualified
organization or assocIation, the
application for exemption shall be
approved or denied within 10 days of
the fIlIng of the application if the
Chief of Police has previously
determined
assocIation
subdivISIon
Within 60
that the organization or
meets the requIrements of
lb) of this SectIon, or
days If no such
determInation has been made.
(d)
SectIon
person
issued
A person exempt under this
shall have on his or her
the exemption certificate
by
the
Chief of
Police when
such person is engaged in any massage
actiVity.
(el At such times as the Chief
of
Police deems appropriate, persons
under this Section may be
to verIfy that he or she
exempt
required
40
e
e
continues to be entitled to an
exemption under this Section.
(f) The exemption certlficate
shall be deemed revoked and of no
further force or effect on the date on
which
the person's Certificate of
Authorization
for
SerVlce
as an
Instructor
Callfornla
In Massage pursuant to
Education Code Section
94311(d)(3) has expired or been
suspended or revoked or the person is
no longer a member in good standing of
the organization or association
entitling the person to an exemption
under this Section.
(g) No operator's permit shall
be required by this Chapter by a
person who employs only persons exempt
under thls Section. An operator's
permit shall be required by any person
who employs both massage technicians
licensed under this Chapter and
persons exempt under this Section.
(h) An applicant or exemption
certificate holder shall have the
right to appeal from a declslon of the
Chief of Pollce under this Section in
41
e
e
the time and in the manner set forth
In SectIon 6174 et seq. of thIS Code.
fi) A person exempt under th~s
SectIon
shall not be requ~red to
obtaIn a polIce permIt pursuant to
SectIon 6120.
SECTION 62017. ComplIance.
Commenc~ng on thp effectIve date of
thIS Chapter; pprmlts are to be Issued
In accordance with the provIsIons of
thIS Chapter.
As to persons holdIng
eXIstIng permIts; the folloWIng
schedule of complIance shall apply:
fa} Operator's permIts shall
contInue 10 effect for the remaInder
of the fIscal year and shall be
renewed In accordance wIth SectIon
62014.
A rpnewed operator's permit
may be denIed or condItIoned to the
same
extent
as a new operator.s
permIt.
(b) CommencIng on the effectIve
of thIS Chapter: massage
date
operators
and
massage technICIans
shall comply wIth all reqUIrements of
SectIon 62010.
42
e e
(el All persons operating under
an eXIstIng massage technIcian permit
and otherWise meeting the requirements
for permit
1986, to
renewal are by July 1,
obtain a new permit in
accordance with the provisions of
Section 62007. Persons currently
holding valid masseur's permIts shall
be exempt from the schooling
requirement, but must satisfactorily
complete the written and oral test.
(d) Reasonable extensions of
the time period specified in
subdiVISIons lb) and (c) may be
granted by the Chief of Police upon a
proper shOWing and upon timely
requests therefor.
SECTION 62018. Fees. The City
CounCil shall establish and from time
to time amend by resolution fees for
the administration and enforcement of
thiS Chapter.
SECTION 62019. Var~ance
Procedure. Any other prOVISIon of
thIS Chapter not Withstanding, the
operator or a person applYing for an
43
e
e
operator's
62003 of
the Chief
permit pursuant to Section
this Chapter may file with
of Police a request for a
to be relieved of the
variance
requirements set forth In Section
62010(e) of this Chapter. The Chief
of Police may grant such requests only
if he is satisfied that all of the
following conditions are met:
(a) Although within the
statutory definition of a massage
establishment (Section 62000(e)), the
operator's premises are devoted
primarily to the conduct of a business
other than that of massage.
(b) The operator would suffer
unusual hardship if forced to comply
with the requirements set forth in
Section 62010(e) of thiS Chapter.
(c) The bathing and toilet
facilities provided by the operator in
lieu of those required by Section
62010(e) comply with the applicable
requirements of state and local law
and are adequate to protect the publIC
health, safetYJ and welfare. The
deciSion of the Chief of Police to
44
___ __-----A.....-__
.
e
grant or to deny
varIance shall be
a request for a
final. However,
nothIng hereIn shall be construed to
detract from the rIght of an applicant
for an operator's permit to appeal a
decision of the Chief of Police wIth
respect to denIal or conditional
approval of such permit pursuant to
Section 62003 of this Chapter.
SECTION 62020. Ma~sage Schools.
A massage school duly accredited by
the State of CalIfornIa may obtain an
operator's permit under this Chapter
and may employ massage technicIans to
provide massage so long as the
prIncipal business actIvity IS
providing education and instructIon.
SECTION 2. The amendments provided in Section 1 of thIs
Ordinance to Chapter 12 of Article VI of the Santa Monlca
Municipal Code shall not bar or otherwise effect the filing of
a crlminal complaInt, the prosecutIon thereof, and punishment
for an act commItted prior to the effective date of this
Ordinance in violation of any prOVIsIon of the Santa Monica
MunIcipal Code notwithstandIng the amendment thereof by thIS
OrdInance.
45
e
e
SECTION 3. Any provlslon of the Santa MonIca Municipal
Code or appendices thereto Inconslstent with the prov1sions of
this ord1nance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent
necessary to affect the provis1ons of th1S ord1nance.
SECTION
4.
If any sectlon, subsectIon, sentence,
clause, or phrase of thls ordinance 1S for any reason held to
be invalid or unconstitutional by a dec1sion of any court of
competent jurisdiction, such decislon shall not affect the
valIdIty of the remaln1ng portlons of the ordinance. The Clty
Counc11 hereby declares that it would have passed thIS
ordlnance and each and every section, subsectlon, sentence,
clause or phrase not declared lnvalid or unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared Invalid or unconstitutIonal.
SECTION 5.
The Mayor shall s1gn and the City Clerk
shall attest to the passage of this ordinance. The City Clerk
shall cause the same to be publlshed once 1n the official
newspaper within 15 days after its adoptlon. The ordinance
shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_ _~...L \
1 ~r ""-. --
C)-~
ROBERT M. MYERS
City Attorney
46
e
e
Adopted and approved thls 11th day of February, 1986.
~1~
( " Ma~6~ " "
I hereby certl fy that the foregolng Ordlnance No. 1358 (CCS)
was duly and regularly Introduced at a meetIng of the City
CouncIl on the 28th day of January 1986; that the said Ordinance
was thereafter duly adopted at a meeting of the Clty Council on
the 11th day of February 1986 by the followIng CouncIl vote:
Ayes: Councilmembers:
Conn, Epstein, Jennings, Zane and
Mayor Reed
Noes: Councllmembers:
H. Katz
Abstain: Councilmembers:
None
Absent: Councllmembers:
A. Katz
... '- ....
ATTEST:
(;;.;
~.-~7L"pL
City Clerk