O2265f:\atty\m u n i\laws\mjm\massagea mend052720082d. doc
City Council-Meeting: May 27; 2008 Santa Monica, California
ORDINANCE NUMBER 2265 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 6.104 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO MASSAGE REGULATIONS
WHEREAS, the City of Santa Monica is a geographically small and dense
community in which businesses and residents exist in close proximity; and
WHEREAS, the City is a popular destination for visitors and tourists who are
drawn to the City's unique combination of scenery, entertainments, and services; and
WHEREAS, as the number of visitors has increased in recent years, the number
of massage businesses within the City has also significantly increased; and
WHEREAS, at present, there are over sixty (60) .massage businesses within the
City's eight square miles with over eight hundred (800) licensed massage therapists;
and
WHEREAS, although the majority of these businesses provide legitimate, healthy
and valued services, many do not and instead foster health and safety risks; and
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WHEREAS, there have been over fifty (50) prostitution related arrests at
massage businesses in the last year and over thirty (30) prostitution related convictions
at massage businesses in the last year; and
WHEREAS, residential and business neighbors of some massage businesses
have been adversely impacted by unlawful operations of these businesses; and
WHEREAS, experience in this community and others has shown that there is an
ongoing opportunity for further acts of prostitution at some massage businesses; and
WHEREAS, massage entails a risk of physical injury to clients because massage
involves the application of pressure to another's body; and
WHEREAS, there is also a risk of infection and other injuries to the health of
massage clients because massage involves .close physical contact between the
massage technician and client; and
WHEREAS, the State Constitution, City Charter and Government Code Section
51031 empower the City to regulate massage businesses through adoption of
reasonable standards intended to preserve the health, safety- and welfare of patrons
and neighbors, and Penal Code Sections 11225 et sea, require the City to enjoin and
abate any building or place that is used for the purpose of prostitution; and
WHEREAS, the permit requirements and restrictions imposed by this Chapter
are reasonably necessary to protect the health, safety and welfare of City residents,
workers and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 6.104 of the Santa Monica Municipal Code is hereby
amended to read as follows:
CHAPTER 6.104 MASSAGE REGULATIONS
Section 6.104.010. Definitions.
The following words and phrases as used in this
Article shall have the following meanings:
(a) Massage. 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.
(b) Massage Establishment. Any business where
any individual, firm, association, partnership, corporation, or
combination of individuals, engages in, conducts, carries on,
or permits to be engaged in or conducted, for money or any
other consideration, massage or health treatments involving
massages including, but not limited to, those businesses that
provide massage accessory to their principal permitted use,
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such as aromatherapy, beauty salon, health club, beach
club, skin care salon, acupuncture, chiropractic office and
day spa.
(c) Massage Technician. Any person who
administers a massage to another person in exchange for
money or any other consideration.
(d) Massage Technician Permit. The permit required
to administer massage for money or any other consideration.
(e) Off-Premises Massage. A massage conducted
for money or any other consideration at a location other than
a Massage Establishment.
(f) Off-Premises Massage Permit. The permit
required to administer Off-Premises Massage.
(g) Operator. The person who holds the Operator's
Permit.
(h) Operator's Permit. The permit required to
operate a Massage Establishment.
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{i) Responsible Employee. Any person(s) designated
by the Operator to conduct day-to-day operations of the
Massage Establishment. Such a person must hold either an
Operator's Permit or a Massage Technician Permit.
Section 6.104.020. Operator's Permit required.
Except as provided for in Section 6.104.170, no
person shall operate a Massage Establishment within the
City without first obtaining an Operator's Permit pursuant to
the provisions of this Chapter and complying with all other
applicable local and state laws, including, but not limited to,
laws requiring business licenses; establishing land use
restrictions, and complying with all red light abatement
provisions set forth in Penal Code Sections 11225 through
11235 regarding the operation of a Massage Establishment.
Section 6.104.030. Application and examination
for Operator's Permit.
Any person desiring an Operator's Permit for a
Massage Establishment shall file a written application with
the Revenue Division of the City on a form required by the
Chief of Police, pay filing fees, and pass an examination
administered by the City. The application shall be completed
and signed by the owner of the proposed Massage
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Establishment, if a sole proprietorship; one general partner,
if the owner is a partnership or LLP; one officer or one
director, if the owner is a corporation or LLC; and one
participant, if the owner is a joint venture, one trustee if the
owner is a trust. The application shall be deemed complete
if it contains or is accompanied by the following:
(a) A description of the type of ownership of the
business: If the owner is an individual, his or her name and
residence address shall be set forth on the application. If the
applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation
or charter together with the state and date of incorporation
and the names and residence addresses of each of its
current officers and directors,. and of each stockholder
holding more than five percent (5%) of the stock of that
corporation, and the name and address of the corporation's
current agent for service of process. If the applicant is a
partnership, the application shall set forth the name and
residence address of each of the partners, including limited
partners. If the applicant is a limited partnership, it shall
attach to the application a copy of its certificate of limited
partnership filed with the Secretary of State. If one or more
of the partners is a corporation, the provisions of this
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subsection pertaining to corporations shall apply. An .
applicant corporation or partnership shall designate one
officer or general partner to act as the Responsible
Managing Officer and that person shall complete and sign all
forms required of an individual applicant by this Chapter.
The Responsible Managing Officer may be different from the
Responsible Employee.
(b) A statement containing the precise name under
which the Massage Establishment will be conducted and the
complete address and all telephone numbers of the
Massage Establishment.
(c) A complete list of the names and current
residence addresses of all proposed Massage Technicians
and other employees and other persons working in the
Massage Establishment, with a description of the job duties
or function of each person.
(d) The name and current residence addresses of the
Responsible Employee proposed to be principally in charge
of the operation of the Massage Establishment if that person
is different from the Operator.
(e) The following personal information and
identification concerning the applicant, if the applicant is an
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individual, or the Responsible Managing Officer, if the
applicant is an entity:
(1) Name and complete residence address.
(2) Two immediately prior residence addresses.
(3) Date of birth.
(4) Height, weight, color of hair and eyes, and
gender.
(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 therefore.
(6) All criminal convictions including pleas of nolo
contendere within the last ten (10) years, including those
which have been dismissed or expunged under the
provisions of Section 1203.4 of the Penal Code, but
excluding infraction violations, and the date of each such
conviction or plea and the sentence therefore.
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(7) A valid California driver's license or valid
California identification card.
(8) Two front-faced portrait photographs at least two
inches by two inches in size taken by the Police Department.
(g) A complete set of fingerprints taken by the
Police Department.
(10) The name and address of the owner and lessor
of the real property upon which or in which the Massage
Establishment is to be conducted. In the eveht the applicant
is not the legal owner of the real property, the application
must be accompanied by a copy of the lease and a notarized
acknowledgement from the owner of the real property that a
Massage Establishment will be located on the real property.
(11) A site plan depicting the building ahd unit
proposed for the Massage Establishment and a dimensional
interior floor plan depicting how the Massage Establishment
will comply with this Chapter and other applicable laws,
including all health; zoning, fire and safety requirements and
standards.
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(12) Such other information and identification as is
reasonably deemed necessary by the Chief of Police to fulfill
the purposes of this Chapter.
(13) A statement in writing by the applicant
authorizing the City, its agents and employees to seek
verification of the information contained in the application
and attesting that the applicant certifies. under penalty of
perjury that all information contained in the application is true
and correct.
Prior to the issuance of an Operator's Permit, the applicant
or Responsible Managing Officer must pass a written
examination given by the City. The examination shall be
given on a monthly basis and shall include the requirements
of this Chapter to ensure substantial understanding of the
Operator's and Responsible Employee's duties. 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 year after the
third failed examination: An additional fee may be imposed
by the City for each re-examination.
Section 6.104.040. Conditions of permit issuance
of Massage Operator's Permit.
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The Chief of Police shall condition the issuance of any
Massage Operator's Permit to ensure compliance with this
Chapter and other applicable laws, including all health,
zoning, fire and safety requirements and standards. Such
conditions shall include, but not be limited to, the following:
(1) All front reception, hallway and front exterior
doors (except back or rear exterior doors used only for
employee entrance to and exit from the Massage
Establishment)-shall be kept unlocked during business
hours. No massage may be given within any cubicle, room,
booth or any area within the Massage Establishment which
is fitted with a door capable of being locked, unless that door
is an exterior door. No electronic locking device. may be
utilized on any entrance door.
(2) Except to the extent required by written
prescription issued and signed by a physician licensed in the
State of California, no Massage Technician or employee
shall massage the genitals, gluteal fold, or anal area of any
patron, or the breasts of any female patron, nor shall any
Operator or Responsible Employee of a Massage
Establishment allow or permit. such massage. No Operator
or Responsible Employee, while performing any task or
service associated with the Massage Establishment, shall be
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present in any room with another person unless the person's
genitals, gluteal fold, anus, or, in the case of a female, her
breast(s), are fully covered.
(3) No person or entity granted an Operator's permit
pursuant to this Chapter shall use any name or conduct
business under any designation other than that specified in
his or her Operator's Permit; and no business shall be
conducted other than the business authorized by the permit.
(4) All Massage Establishments shall have an
Operator or Responsible Employee on the. premises at all
times the Massage Establishment is open. The Operator of
each Massage Establishment shall file a statement with the
Revenue Division designating the person or persons with
power to act as a Responsible Employee. The Operator or
the on-duty Responsible Employee in the Operator's
absence shall post, on a daily basis, the name of each on-
duty Responsible Employee and each on-duty Technician in
a conspicuous public place in the lobby of the Massage
Establishment. The Operator, or the Responsible Employee
ih the Operator's absence, shall be responsible for ensuring
compliance with this Chapter
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(5) No Massage Establishment shall be open for
.business without having a valid Operator's Permit. The
Operator, or in the Operator's absence the designated
Responsible Employee, and at least one Massage
Technician holding a current valid permit for that specific
Establishment shall be on the premises and on duty at all
times when the Massage Establishment is open.
(6) The Operator, or the Responsible Employee in
the Operator's absence, shall ensure that the Massage
Establishment Permit and the Massage Technician Permit
for each on-duty Massage Technician are conspicuously
displayed in a public place in the lobby and shall ensure that
each Massage Technician is wearing or has in his or her
possession the photo identification card required by Section
6.104.070 at all times when in the Massage Establishment.
The photo identification card shall be presented to the
representatives of the City, including a police officer, upon
request.
(7) The Operator, or the Responsible Employee in
the Operator's absence, shall be responsible for the conduct
of all employees, including the Massage Technicians, while
they are at the Massage Establishment. All persons found
working in the Massage Establishment shall be considered
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employees of the Operator for purposes of this Chapter,
including independent contractors and unpaid volunteers.
Any act or omission of such person that constitutes a
violation of the provisions of this Chapter shall be deemed to
be the act or omission of the Operator for purposes of
determining whether the Operator's Permit shall be revoked,
suspended, denied or renewed.
(8) No Operator or Responsible Employee shall
employ any person as a Massage Technician who does not
have,. prior to such employment, a valid Massage Technician
Permit issued pursuant to this Chapter for the specific
Massage Establishment at which the Technician is to be
employed. In addition, every Operator or Responsible
Employee shall report to the Revenue Division any change
of employees, including any change of Massage
Technicians, whether by new or renewed employment,
discharge or termination, on the form and in the manner
required by the Revenue Division. The report shall contain
the name of the employee and the date of hire or
termination. The report shall be made within three (3)
working days of the date of hire or termination. The
Operator shall deliver the permit and photo identification
card of any Massage Technician no longer employed by the
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Operator to the Revenue Division within three (3) working
days of the date of termination of the Massage Technician.
(9) All persons, including the Operator, Responsible
Employee, Massage Technicians and all other persons.
working in the Massage Establishment, shall be fully clothed
at all times and shall wear clean outer garments. Clothing
shall be of a fully opaque, non-transparent material and shall
provide complete covering of the genitals, genital area,
buttocks and female breasts of such persons, Massage
Technicians and other persons working in the Massage
Establishment.
(10) The Operator, or the Responsible Employee in
the Operator's absence, shall maintain a register of all
employees, including all Massage Technicians and all other
persons working in the Massage Establishment, showing the
name, nicknames and aliases used by such person, home
address, age, birth date, gender, height, weight, color of hair
and eyes, telephone numbers, social security number, date
of employment and termination, if any, and duties of each
employee. By the tenth day of each quarter, the Operator,
or the Responsible Employee in the Operator's absence,
shall file with the Revenue Division a copy of the register
showing all persons who worked on the premises during the
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preceding quarter. The above information on each
employee shall be maintained in the register on the premises
for a period of two (2) years following termination of the
employee. The Operator, or the Responsible Employee on
duty in the Operator's absence, shall make the register of
employees available to representatives of the City, including
a police officer, upon request.
(11) Each Operator shall provide the Revenue
Division with evidence of the insurance required by Section
6.104.090 prior to the date of issuance of the Operator's
Permit.
(12) The Operator and the Responsible Employee
shall comply with all provisions of this Chapter and all other
applicable laws, including, but not limited to, all red light
abatement provisions set forth in Penal Code Sections
11225 through 11235.
Section 6.104.050. Massage Technician Permit
required.
No person shall perform massage in a Massage
Establishment or as an Off-Premises Massage Technician,
for money or any other consideration unless such person
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has in effect a valid Massage Technician Permit issued
pursuant to this Chapter.
Section 6.104.060. Application and examination
for Massage Technician's Permit.
Any person desiring a Massage Technician Permit for
either a Massage Establishment or as an Off-Premises
Massage Technician shall file a written application with the
Revenue Division on a form required by the Chief of Police,
pay filing fees, and pass an examination administered by the
County of Los Angeles. The application shall be completed
and signed by the person desiring the Massage Technician
Permit. The application shall be deemed complete if it
contains or is accompanied by the following:
(a) For an on-premises Massage Technician, the
exact name of the Massage Establishment at which the
applicant will be working as a Massage Technician and the
exact address of the location of the Massage Establishment
at which the applicant will be working as a Massage
Technician; or, for an Off-Premises Massage Technician, the
central business address of an Off-Premises Massage
Technician. Either shall include the full street address and
all telephone numbers associated with the location. If the
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applicant will be working in a Massage Establishment, the
application shall indicate the exact name, address, and all
telephone numbers 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 the physician has examined the applicant within
the past thirty-day period preceding the application and has
found the applicant to be free from all communicable
diseases.
(c) The following personal information and
identification concerning the applicant:
(1) Name and complete residence address.
(2) Two immediately prior residence addresses.
(3) Date of birth.
(4) Height, weight, color of hair and eyes, and
gender.
(5) 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 or
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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 therefore.
(6) All criminal convictions including pleas of polo
contendere within the last ten (10) years, including those
which have been dismissed or expunged under the
provisions of Section 1203.4 of the Penal Code, but
excluding infraction violations, and the date of each such
conviction or plea and the sentence therefore.
(7) A valid California driver's license or valid
California identification card.
(8) Two front-faced portrait photographs at least two
inches by two inches in size taken by the Police Department.
(9) A complete set of fingerprints taken by the
Police Department.
(d) A diploma or certificate of graduation and a
certified transcript from an approved massage school. The
term "approved massage school" 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
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94311(d) and reviewed by the Superintendent within the
preceding twelve-month period which has for its 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 five hundred (500) hours.
The term "approved massage school" 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 five hundred (500) 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 massage school" based upon substantial
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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.
(e) Proof of passage of the Los Angeles County
examination for Massage Technicians..
(f) Evidence of the insurance required by Section
6.104.090.
(g) A statement in writing by the applicant
authorizing the City, its agents and employees to seek
verification of the information contained in the application
and attesting that the applicant certifies under penalty of
perjury that all information contained in the application is true
and correct.
(h) Such other information and identification as
deemed necessary by the Chief of Police to fulfill the
purposes of this Chapter.
Section 6.104.070. Conditions of permit issuance
of Massage Technician's Permits.
The Chief of Police shall condition the issuance of any
Massage Technician's Permit to ensure compliance with this
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Chapter and other applicable laws. Such conditions shall
include, but not be limited to, the following:
(a) That the Massage Technician must be wearing
or have in his or her possession the photo identification card
prepared by the Police Department when working pursuant
to the Permit. The photo identification card shall be promptly
presented to the representatives of the City, including a
police officer; upon request. If a Massage Technician intends
to change his or her business address, he or she shall be
required, prior to such change occurring, to obtain from the
Police Department a new photo identification card showing
the new business address of the Massage Technician.
(b) That if the applicant is authorized to conduct Off-
Premises Massage, that Off-Premises Massage shall not be
conducted in a hotel, motel, or other commercial
establishment except in the office of the customer.
(c) That when working pursuant to the Permit, the
Massage Technician may not expose his or her genitals or
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.
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(d) No Massage Technician employed by a
Massage Establishment may engage in any Off-Premises
Massage business without applying for and being issued a
separate Off-Premises Massage Technician Permit.
Section 6.104.080. Processing Operator's, and
Technician's applications; and the issuing of permits.
The Chief of Police shall exercise his or her discretion
to approve, conditionally approve, or deny any application
under this Chapter within sixty (60) days after it is deemed
complete. The sixty (60) day period for processing may be
extended for up to an additional thirty (30) days if necessary
to complete an investigation of the applicant, the application
or the proposed location. The Chief of Police shall issue the
permit unless he or she makes any of the following findings:
(a) The applicant has, within five (5) years prior to
the application date:
(1) beeh convicted of or pled to a violation of Health
and Safety Code Section 11550, or a violation of Penal Code
Sections 266h, 266i, 314, 315, 316, 318, 647(a) or 647(b), or
a violation of any provision of this Chapter; or any previous
Chapter to which this is the successor Chapter.
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(2) been convicted of or pled to any felony offense
involving the sale of a controlled substance specified in
Health and Safety Code Sections 11054, 11055, 11056;
11057, or 11058; or of any felony offense which substantially
relates to the applicant's qualifications, functions or duties
under this Chapter.
(3) been required to register under the provisions of
Penal Code Section 290.
(4) been convicted of or pled to any offense in any
other state which is the equivalent of any of the offenses
specified above.
(5) been convicted of or pled to a lesser offense as a
result of a plea negotiation in a case where the applicant
was originally charged with any of the crimes listed in this
subsection (a).
(6) been subjected to a permanent injunction against
the conducting or maintaining. of a nuisance pursuant to
Sections 11225 through 11235 of the Penal Code, or any
similar provisions of law in a jurisdiction outside the State of
California.
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(b) The applicant has, within three (3) years prior to
the application date:
(1) committed an act, which, if done by a Permit
holder under this Chapter, would be grounds for suspension
or revocation of the Permit.
(2) 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 governed by this chapter.
(c) the Massage Establishment as proposed by the
applicant does not comply with all applicable laws,
including, but not limited to, health, zoning, nuisance,
fire and safety requirements and standards.
(d) The applicant has knowingly made a false,
misleading, or fraudulent statement of fact to the City on his
or her application.
(e) The application does not contain the information
required by this Chapter.
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(f) The applicant has not satisfied the requirements
of this Chapter.
Section 6.104.090. Requirements for All Massage
Establishments.
The requirements of this Section apply to all Massage
Establishments in the City.
(a) AlI Massage Establishments shall have an
Operator or Responsible Employee on the premises at all
times when the Massage Establishment is open.
(b) No person shall give, or assist in the giving, of
any massage to any person under the age of eighteen (18)
years, unless the parent or guardian of such minor person
has consented thereto in writing.
(c) The Operator, or the Responsible Employee in
the Operator's absence, shall erect and maintain a
recognizable and readable sign adjacent to the main
entrance identifying the premises as a Massage
Establishment. The sign may not use any strobe lights or
other flashing lights to illuminate the front of the business.
The Operator, or the Responsible Employee in the
Operator's absence, shall also post and maintain a list of
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services available and the cost of each. No Operator or
Responsible Employee shall permit, and no Technician shall
offer or perform, any service other than those posted and for
the cost of the service as posted.
(d) The Operator, or the Responsible Employee in
the Operator's absence, shall provide in each room where
massages are given sufficient lighting and ventilation as
required by the Building Code. Lighting in each massage
room shall be at least one 40 watt white light bulb which
shall be activated at all times while a patron is in the room.
No strobe lights, colored lights, or colored light coverings
shall be used.
(e) From time to time and during business hours,
City and County health and safety personnel, including a
police officer, may inspect the premises for the purpose of
determining compliance with state and local laws. An
Operator, Responsible Employee, or any agent thereof shall
allow such inspections; and it is a violation of this Chapter if
he or she refuses to permit or interferes with a lawful
inspection.
(f) A minimum of one tub or shower and one toilet
and washbasin shall be provided for the patrons in every
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Massage Establishment. If male and female patrons are to
be served simultaneously, and if steam rooms and saunas
are provided, separate steam rooms and 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 toilet room. 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 close as practically possible to the area devoted to the
performing of massage services. If the wash basin for
patrons is not in the toilet room but it is adjacent thereto, this.
wash basin shall meet the separate wash basin requirement
if it is reasonably close to the area devoted to performing
massages.
(g) No person shall operate a Massage
Establishment or work as an Off Premises Massage
Technician or administer a massage as herein defined for
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money or any other consideration between the hours of
10:30 p.m. and 7:00 a.m.
(h) No person licensed to do business as herein
provided shall operate under any name or conduct business
under any designation or location not specified in his. or her
Permit.
(i) 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 Responsible Employee shall each be
responsible for ensuring that no such person shall enter or
remain in a Massage Establishment. No person while
conducting business as an Off-Premises Massage
Technician, shall be in possession of, or under the influence
of, any alcoholic beverage or drugs.
(j) No building or part thereof used as a Massage
Establishment and no location at which an Off-Premises
Massage Technician works 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
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room or any room used by the business patrons; nor shall
any such equipment be used to record, videotape or monitor
a person receiving a massage without that person's written
consent in advance.
(k) No Operator or Responsible Employee of any
Massage Establishment issued a permit under this Chapter
shall send a Massage Technician off the premises for the
purpose of administering a massage, nor shall the Massage
Establishment or any part thereof be used by any employee,
Operator, Responsible Employee, or owner to receive or
accept such requests for Off-Premises Massages, except
when such Off-Premises Massage is permitted by this
Chapter. No person holding an Off-Premises Massage
Technician Permit shall conduct massage, whether or not for
compensation, at a hotel, motel, or any other commercial
establishment except in the office of the customer.
(I) Every Massage Technician shall, while working in
a Massage Establishment, display his or her permit in a
conspicuous place within the Massage Establishment so that
it may be readily seen by persons entering the premises.
(m) No Massage Technician shall, when working
pursuant to the Permit, perform any massage or associated
30
task, while exposing 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.
(n) All persons, including the Operator, Responsible
Employee and the Massage Technicians and all other
persons working in Massage Establishments shall be fully
clothed at all times and shall wear clean outer garments.
Clothing shall be of a fully opaque, non-transparent material
and shall provide complete covering of the genitals, genital
area, buttocks and female breasts of such persons,
Massage Technicians, and other persons working in the
Massage Establishment.
(o) Each Massage Establishment shall provide to all
patrons, clean, sanitary and opaque coverings capable of
covering the patrons' genitals, genital area, buttocks and
female breasts. No common use of such coverings shall be
permitted and re-use is prohibited unless coverings are
adequately leaned between uses.
(p) No Massage Technician shall, when working
pursuant to a Permit, perform any massage or associated
task in any room with another person unless that person's
31
genitals, genital area, buttocks and female breasts are fully
covered.
(q) Standard or portable massage tables with
durable, washable plastic or other waterproof material as
covering shall be used for massage. 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.
(r) Every person operating a Massage
Establishment and each person doing business as a
Massage Technician shall keep a record of the dates and
hours of each treatment or service, name, address and birth
date of the patron which shall be verified by the patron
showing legal identification prior to the provision of service,
the name of the Massage Technician administering such
service and a description of the treatment or service
rendered. 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, including a police officer, charged with the
enforcement of the provisions of this Chapter. The
information furnished or secured as a result of any such
records shall be used only to ensure and enforce compliance
32
with this Chapter and other applicable laws and shall
otherwise remain confidential. Officials charged with
enforcement of this Chapter shall periodically inspect the
records to ensure compliance with this Chapter. The records
shall be maintained for a period of not less than one (1) year.
(s) All Operators and all On-Premises and Off-
Premises Massage Technicians shall keep on file with the
Revenue Division in full force and effect at all times,
documents issued by an insurance company authorized to
do business in the State of California evidencing that the
Permit. holder is insured under a liability insurance policy
providing minimum coverage of $100,000.00 for injury or
death to one person arising out of the operation of any
Massage Establishment in the case of the Massage
Establishment, or the administration of a massage, in the
case of the Massage Technician.
(t) -All Massage Establishments must comply with all
state and federal Taws and regulations for disabled
customers. No Massage Establishment, Operator;
Responsible Employee or Massage Technician may
discriminate or exclude patrons on the basis of race;
nationality, gender, sexual orientation, religion, age, or
disability.
33
(u) The Chief of Police may require that the following
notice be posted in the event that any employee of the
Massage Establishment or any person who has been aided
and abetted by an employee of the Massage Establishment
has been found, after hearing by administrative proceeding
or by court conviction or plea, to have violated any
provisions listed in this Chapter:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE
MASSAGE ROOMS DO NOT PROVIDE COMPLETE
PRIVACY AND ARE SUBJECT TO INSPECTION BY THE
SANTA MONICA POLICE DEPARTMENT AND CODE
ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE.
Section 6.104.100. Changes of Operators.
Every Massage Establishment Operator shall report .
immediately to the Chief of Police any and all changes of
ownership or management of the Massage Establishment
including, but not limited to, changes of Operator,
Responsible Employee, manager or other person principally
in charge, stockholders holding more than five percent (5%)
of the stock of the corporation, officers, directors, and
partners; and any and all changes of name, style, or
34
designation under which the business is to be conducted,
and all changes of address or telephone numbers of the
massage business.
Section 6.104.110. No transfer of permits;
duration and renewal of Permits.
(a) No Permit issued hereunder shall be sold or
transferred. Any such attempted sale, assignment or
transfer shall be deemed to constitute a voluntary surrender
of such Permit and such Permit shall thereafter be null and
void.
(b) All Operator and Massage Technician Permits
shall be issued for a period of no more than one (1) year,
provided that the Permit holder continues to meet the
requirements of this Chapter.
(c) Applications for Permit renewal at the end of
each fiscal year shall be filed with the Chief of Police at least
thirty (30) days prior to the expiration of the Permit.
(d) Each applicant for renewal shall file such
information, including but not limited to proof of insurance, as
may be required by the Chief of Police to update the
information required for his or her original Permit application.
35
Each Massage Technician 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 thirty (30) day period preceding the application and
has found the renewal applicant to be free from all
communicable diseases.
Section 6.104.120. Suspension, revocation, denial
and appeal.
(a) The Chief of Police may deny an application,
refuse to renew a Permit or revoke or suspend an existing
Permit on the grounds that the applicant or Permit holder
has permitted violations of the Permit conditions or otherwise
failed to comply with the requirements of this Chapter. In any
such case, the applicant or Permit holder shall have the right
to appeal from a decision of the Chief of Police.
(b) No suspended Permit may be renewed. If a
suspended Permit lapses during the suspension period, a
new application may be approved, to be effective only upon
the expiration of the period of suspension.
36
(c) .When the Chief of Police concludes that grounds
for denial, suspension, revocation or refusal to renew a
Permit exist, the Chief of Police shall direct service. upon the
applicant or Permit holder, by certified mail, return receipt
requested, addressed to the business and residence
address of the applicant or Permit holder, of a Notice of
Denial or Notice of Intent to Suspend, Revoke or Refuse to
Renew Permit. This Notice shall state the reasons for the
proposed action, the effective date of the decision, the right
of the applicant or Permit holder to appeal the decision to a
hearing examiner, the right to submit contrary evidence
along with the appeal, and that the decision will be final if no
appeal is filed within the time permitted.
(d) The right to appeal shall terminate upon
expiration of fifteen (15) days from the date of mailing of the
Notice. Any decision of the Chief of Police, pursuant to this
Chapter, shall be deemed final and conclusive unless a
written notice of appeal is filed with the City Clerk prior to the
expiration of the fifteen (15) day appeal period. In the event
an appeal is timely filed, any suspension or revocation shall
not be effective until a final decision has been rendered by
the hearing examiner. If no appeal is filed, the suspension
or revocation shall become effective upon expiration of the
37
period for filing the appeal. The hearing shall be set within
sixty (60) days of the date of the filing of the appeal. The
hearing examiner shall render his or her decision within sixty
(60) days from the date of the conclusion of the hearing,
unless otherwise agreed by the parties. The decision of the
hearing examiner shall be final. The applicant shall be
entitled to notice of the basis for the proposed action, a copy
of the documents upon which the decision of the Chief of
Police was based and the opportunity to present contrary
evidence to the Chief of Police prior to the hearing and to the
hearing examiner at the hearing. Notice of the date, time
and place of the hearing shall be mailed at least ten (10)
days prior to the date of the hearing, by certified mail, return
receipt requested, with proof of service attached, addressed
to the address listed on the massage Operator application,
or Massage Technician application, as the case may be.
(e) No Permit granted herein shall confer any vested
right to any person or business for more than the Permit
period. All massage Operators, Responsible Employees
and On-Site and Off-Site Massage Technicians subject to
this Chapter shall comply with the provisions of this Chapter
as they may be amended hereafter.
38
Section 6.104.130. Exemption for healing arts.
The provisions of this Chapter shall not be deemed
applicable to any person who is a State licensed physician,
surgeon, osteopath, physical therapist, occupational
therapist or any registered nurse working on the premises of
and under the direct supervision of a State licensed
physician, surgeon, or osteopath... No other persons,
including practical nurses, licensed vocational nurses or
other persons without. a Massage Technician Permit may
give massages, whether or not employed by physicians,
surgeons, or osteopaths.
Section 6.104.140. Compliance.
Commencing on the effective date of this Chapter,
Permits shall be issued in accordance with the provisions of
this Chapter. As to persohs holding existing Permits, the
following schedule of compliance shall apply:
(a) .Operator's Permits shall continue in effect for the
remainder of the fiscal year and shall be renewed in
accordance with Section 6.104.110. A renewed Operator's
Permit may be denied or conditioned to the same extent as a
new Operator's Permit.
39
(b) Commencing on the effective date of this
Chapter, Operators, Responsible Employees and Massage
Technicians shall comply with all requirements of Section
6.104.090.
(c) All persons operating under an existing Massage
Technician Permit and otherwise meeting the requirements
for Permit renewal are required by July 1, 2007, to obtain a
new Permit in accordance with the provisions of Section
6.104.060.
(d) Reasonable extensions of the time period
specified in subsections (b) and (c) may be granted by the
Chief of Police upon a proper showing and upon timely
requests there fora
Section 6.104.150. Fees
The City Council shall establish, and from time to time
amend by resolution, fees for the administration and
enforcement of this Chapter.
Section 6.104.160. Variance procedure.
Any other provision of this Chapter notwithstanding,
the Operator or a person applying for an Operator's Permit
pursuant to this Chapter may file with the Chief of Police a
40
request for a variance to be relieved of the requirements set
forth in Section 6.104.090(f) 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, 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
6.104.090(f) of this Chapter.
(c) The bathing and toilet facilities provided by the
Operator in lieu of those required by Section 6.104.090(f)
comply with the applicable requirements of State and local
law and are adequate to protect the public health; safety,
and welfare. The decision of the Chief of Police to grant or to
deny a request for a variance shall be final.
Section 6.104.170. Massage 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
41
massage so long as the principal business activity is
providing education and instruction.
Section 6.104.180. Location of massage
establishments.
A massage establishment in compliance with the
provisions of this Chapter shall be considered a permitted
use in any zoning district in the City, where general retail use
is permitted.
Section 6.104.190. Violation and penalty.
(a) Violations of this Chapter shall constitute a
misdemeanor and shall be punishable in the manner
provided in Section 1.08.010.
(b) Notwithstanding the foregoing, any Massage
Establishment operated, conducted or maintained contrary
to the provisions of this Chapter may be, and the same is
hereby declared to be, unlawful as defined in Section
1.08.010 of this Code and a public nuisance as defined in
Penal Code Section 11225 and in Penal Code Section
373(a). The City may, in addition to or in lieu of prosecuting
a criminal action hereunder pursue any available civil
remedy, including, but not limited to an action or
42
proceeding, for the abatement, removal and enjoinment of
the operation of the Massage Establishment and for
reimbursement of the costs of such abatement, removal and
enjoinment.
SECTION 2. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent 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 4. 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 30 days from its adoption.
43
APPROVED AS TO FORM:
Approved and adopted this 27th day of May, 2008.
/~~ d~-~
Pam O'Connor, Acting Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2265 (CCS) had its introduction May 13th,
2008, and was adopted at the Santa Monica City Council meeting held on May 27th,
2008, by the following vote:
Ayes: Council members: Censer, Holbrook, McKeown, O'Connor, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Pro Tem Bloom, Mayor Katz
A summary of Ordinance No. 2265 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
9P~M.d.~? .~VILLP/idy1~~/1 ~
Denise Anderson-Warren, Acting City Clerk