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O1792 e e CA:MJM:f:\atty\muni\laws\massage.2d city Council Meeting 3-21-95 Santa Monica, California ORDINANCE NUMBER 1792 (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.104.030, 6.104.080, 6.104.110 AND 6.104.170 RELATING TO REGULATION OF MASSAGE TECHNICIANS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.104.030 of the Santa Monica Municipal Code is amended to read as follows: 6.104.030 Application and examination for operator's and off-premise operator's permit. Any person desiring an operator's permit for a massage establishment or off-premise massage business shall file a written application with the License Office of the city of Santa Monica on a form required by the Chief of POlice, pay filing fees, the amount of which shall be established by ordinance, resolution, or other lawful means, and pass an examination administered by the City. The application shall contain or be accompanied by the following: - 1 - e e (a) A statement containing the type of ownership of the business, i . e., whether by individual, partnership, corporation, or otherwise. (b) A statement containing the precise name under which the massage establishment or off-premise massage business is to be conducted. ec) A statement containing the complete address and all telephone numbers of the massage establishment or off-premise massage business. (d) A statement containing 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. (e) The following personal information concerning the applicant: (1) Name and complete residence address. - 2 - e e (2) Two immediately prior residence addresses. (3) Date of birth. (4) Height, weight, color of hair and eyes, and sex. (5) 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. (6) All criminal convictions excluding traffic misdemeanor or infraction violations. (f) The followin~ identification: (1) A valid California driver's license or valid California identification card. (2) Two (2) front faced portrait photographs at least two inches by two inches in size taken by the Police Department. (3) A complete set of fingerprints taken by the Police Department. For purposes of this Section, applicant shall mean the owner and the operator of the proposed massage - 3 - e e establishment, if a sole proprietorship; each general partner, if a partnership; each officer and director, if a corporation; each participant, if a joir.t venture. (q) Such other information and identification as is deemed necessary by the Chief of Police. (h) Authorization for the City, its agents and employees to sepk 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. Prior to the issuance of an operator's permit or an off-premise operator's permit, the applicant must pass a written examination. The examination shall be given by the Personnel Department quarterly and at least every ninety (90) days, and shall be updated or revised periodically by the Chief of Police. The examination shall include the requirements of this Chapter to ensure substantial understanding of the operator's and manager's duties. An applicant who fails the examination may retake it; however, an applicant who fails - 4 - e e the examination three times shall be ineligible to re-take the examination for one (1) year thereafter. An additional fee may be imposed by the city for each re-examination. SECTION 2. section 6.104.080 of the Santa Monica Municipal Code is amended to read as follows: 6.104.080. Application and exaaination for massage technician's permit. Any person desiring a massage technician permit in a massage establishment or off- premise massage business, shall file with the License Office of the City of Santa Monica a written application on a form required by the Chief of Police, pay filing fees, the amount of which shall be established by ordinance, resolution, or other lawful means, and pass an examination administered by the City. The License Office shall make a determination as to whether or not the application is complete within ten (10) days of the filing of the application. The application shall contain or be accompanied by the following: (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, - 5 - e e 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 addr~ss of the massage establishment. (b) A statement in writing from a physician licensed in the state of California on a form approved by the Chief of Police that he or she has examined the applicant within the past thirty (30) day period preceding said application and has found the applicant to be free from all communicable diseases. (c) The following personal information concerning the applicant: (1) Name and C'omplete residence address. (2) Two (2) immediately prior residence addresses. (3) Date of birth. (4) Height, weight, color of hair and eyes, and sex. (S) 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 massage establishment - 6 - e e 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. (6) All criminal convictions excluding traff ic misdemeanor or infraction violations. (7) If the applicant possesses one, a valid United states visa. (d) The following identification: (1) A valid California driver's license or valid California identification card. (2) Two (2) front faced portrait photographs at least two inches by two inches in size taken by the Police Department. (3) A complete set of fingerprints taken by the Police Department. (e) A diploma or certificate of graduation and a transcript from an Approved School. The term II Approved School fI means and includes a 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 twelve (12) month period - 7 - e e which has for its purFose t~le 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 fifty (150) hours. The term "Approved Schoolll may, at the discretion of the Chief of Police, also include a school or institution of learning which is licensed and accredited by a state other than the state of California, which has for its purpose the teaching of the theory, method, profession, or work of massage technicians, and which requires a resident course of study of not less than one hundred fifty (150) hours. An applicant who attended an out-of-state school shall submit a diploma or certificate of completion, a certified transcript, the name, address and telephone number of the school, and a course description and outline of the material covered in the courses completed by the applicant. Any out- of-state course of study submitted for approval shall meet the state of California's Office of Post Secondary Education's minimum requirements. Notwithstanding the foregoing, the Chief of Police may determine that a particular school does not qualify as an "Approved School" - 8 - e e based upon substantial evidence that the school issues diplomas or certificates of completion fraudulently or otherwise fails to engage in teaching the theory, method, profession, or work of massage technicians. (f) Such other information and identification as deemed necessary by the Chief of Police. (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. Prior to the issuance of the massage technician permit, the applicant must pass an examination consisting of a written and a nonwritten component6 The examination shall be given by the Personnel Department quarterly and at least every ninety (90) days, and shall be updated or revised periodically by the Chief of Police. The examination shall, in the judgment of the Chief of Police, fairly determine the ability of the applicant to perform massage, and may include the following subjects: - 9 - e e Anatomy, Physiology, Hygiene, Sanitation, Massage Theory and Practice, Ethics of Massage practice, First Aid, Cardiopulmonary Resuscitation, and this Chapter. The nonwritten component of the examination shall be prepared, given and graded by a licensed health care professional or other person who meets the requirementI'; set forth in section 6.104.170(b) and who has been licensed or practiced for five (5) years. An applicant who fails the examination may retake it; however, an applicant who fails the examination three times shall be ineligible to re-take the examination for one (1) year thereafter. An additional fee may be imposed by the City for each re-examination. SECTION 3. section 6.104.110 of the Santa Monica Municipal Code is amended to read as follows: 6.104.110 Massaqe Restrictions. The requirements of this section apply to every massage establishment in the City and to every massage technician in the city as defined in Section 6.104.010. (a) No person shall give, or assist in the giving, of any massage to any person under the age of eighteen (18) years, unless the - 10 - e e parent or guardian 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 sign that will be posted adjacent to the main entrance identifying the premise as a massage establishment. The signs may not use any strobe lights or other flashing lights to illuminate the front of the business. Each operator shall have posted, in a conspicuous location upon the premises where the massage operation is to be conducted, the operator's permit as issued by the Chief of Police. (c) Each operator shall provide in each room where massages are given, sufficient lighting and ventilation as required by the Uniform Building Code. (d) Every massage establishment shall from time to time and at least once a year, be inspected by the Department of Health for the purpose of determining that the health provisions of the laws of the state of California and ordinances of the City of Santa Monica and County of Los Angeles are met. (e) A minimum of one tub or shower, and one toilet and wash basin shall be provided for - 11 - e e the patrons in every massage establishment. If male and female patrons are to be served simultaneously, and if steam rooms and saunas are provided, separat~ 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 equipment. 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 toiletroom. In addition to the wash basin provided for 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 within or as practical to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. If the wash basin for patrons is not in the toiletroom but it is adj acent thereto, this wash basin shall meet the separate wash basin requirement if it is reasonably close to the area devoted to the performjng of massages. - 12 - e e (f) No person shall operate a massage establishment, or administer a massage as herein defined in any massage establishment between the hours of 10:30 p.m. and 7:00 a.m. (g) No person licensed to do business as herein provided shall operate under any name or conduct 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 Chapter while in possession of, consuming, using, or under the 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. (i) 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; nor shall any such equipment be used to record, videotape or monitor a person receiving a massage without that person's written consent. - 13 - e - (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 massage establishment or any part thereof be used by any employee, operator, manager, or owner to receive or accept such requests for off-premise massages, except when such off-premise massage is permitted by this Chapter. (k) Every massaqe teclmician working in a massage establishment shall display his or her permit in a conspicuous place within the massage establishment so that the same may be readily seen by persons entering the premises. (1) No massage technician shall, while performing any massaqe or associated task, expose his or her genitals, buttocks, or, in the case of a female, her breast (s) or make intentional contact or occasional and repetitive contact with the genitals or anus of another person. (m) All massage technicians and all other persons working in massage establishments shall wear clean outer garments. These garments must be of a fully opaque material and provide complete covering of the genitals, genital - 14 - e e (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 coverings are adequately cleaned between uses. (0) No massage technician, while performing any massage or associated task, shall be present in any room with another person unless that person's genitals, genital area, buttocks and female breasts are fully covered. (p) standard or portaule massage tables with durable, washable plastic or other waterproof material as covering shall be used for massage. Foam pads more than four (4) inches thick or with a width of more than four (4) feet may not be used. Beds, mattresses, and water beds may n~t 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 tre~tment or service, name, address and birth date of the patron to - 15 - e e dates and hour of each treatment or service, name, address and birth date of the patron to be verified by legal identification, name of technician administering such service and description of the treatment or service rendered. These records shall be open to inspection by the health off1cials 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 and enforce compliance with this Chapter and other applicable laws and shall otherwise remain confidential. Officials charged with enforcement of this Chapter shall periodically inspect said records to ensure compliance with this section. The records required by this Subsection shall be maintained for a period of not less than one year. (r) 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 permi t. The photo identification card shall be promptly presented to any peace officer upon request. - 16 - e e (s) No person shall operate as an off-premise massage technician or administer a massage as herein defined between the hours of 10:30 p.m. and 7:00 a.m. (t) No person while conducting business as an off-premise massage technician, shall be in possession of, 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 in the office of the customer. For purposes of this subsection, a hotel room shall not be considered an office. (v) No common use of towels or linens shall be permitted and re-use is prohibited unless they have been first laundered. SECTION 4. section 6.104.170 of the Santa Monica Municipal Code is amended to read as follows: 6.104.170. Exemption for other professionals. (a) Except as provided for in this section, the provisions of Section 6.104.080 shall not be deemed applicable to any person - 17 - e e who obtains an exemption certificate in accordance with the provisions of this Section. (b) In order to be eligible for an exemption certificate, a person must either: (1) Have been issued a Certificate of Authorization for Service as an Instructor in Massage pursuant to California Education Code Section 94311(d) (3) ; (2) Be a member of a professional organization or association which the Chief of Police determines meets each of the following requirements: A. The organization or association requires that its members meet minimum educational requirements. The educational requirements must include at least three hundred ( 300) classroom hours, or its equivalent, in Anatomy, Physiology, Hygiene, sanitation, Massage Theory and Practice, Ethics of Massage practice, First Aid and CPR. B. 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 testin-l requirements of section 6.104.080. - 18 - e e C. The organization or association requires participation in continuing education programs as a condition of continuing membership. D. 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; or (3) Be licensed by another state to perform massage as defined in Section 6.104.010, and the requirements for that license must be determined to be comparable to the requirements contained in this Subchapter by the Chief of Police. (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 and pay filing fees. If the application for exemption is based upon the person having been issued the necessary Certificate of Authorization or Service as an instructor, the application for exemption shall be approved or denied within ten (10) days of the filing of the application. If the application for exemption is based upon membership in a qualified organization or - 19 - e e association, or upon an out-of-state license, the application for exemption shall be approved or denied within ten (10) days of the filing of the application if the Chief of Police has previously determined that the organization or association or the out-of-state license meets the requirements of Subdivision (b) of this Section, or within sixty (60) days if no such determination has been made. (d) A person exelllpted under this section shall have on his or her person the exemption certificate issued by the Chief of Police when such person is engaged in any massage activity. (e) At such times as the Chief of Police deems appropriate, persons exempt under this Section may be required to verify that he or she continues to be entitled to an exemption under this section. (f) The exemption certificate shall be deemed revoked and of no further force or effect on the date on which the person's Certificate of Authorization for Service as an instructor in Massage pursuant to California Education Code Section 94311(d) (3) or out-of- state license has expired or been suspended or revoked or the person is no longer a member in good standing of the organization or - 20 - e e association entitling the person to an exemption under this sectior. (g) No operator's permit shall be required by this Chapter for a person who employs only persons exempt under this 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 decision of the Chief of Police under this section in the time and in the manner set forth in Chapter 6.20 et seq. of this Code. ( i) A person exempt under this section shall not be required to obtain a police permit pursuant to Section 6.20.040. SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any competent - 21 - e e jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. 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 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~cf0y MARSHA JONES City Attorney - 22 - e e &__2 ~ I Mayor State of CalIforma ) County of Los Angeles ) ss CIty of Santa MOllIca ) I, Beth Sanchez, ASSIstant CIty Clerk of the CIty of Santa MOllica. do hereby certIfy that the foregomg Ordmance No 1792 (CCS) had Its first readmg on February 28, 1995 and had Its second readmg on March 21, 1995 and was passed by the followmg vote Ayes Councllmembers Genser, Greenberg. Ebner, Rosenstem, Abdo, O'Connor Noes Councllmembers None Abstain Councllmembers None Absent. Councllmembers Holbrook ATTEST CIty Clerk