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SR-8-B (19) t -j -<! 2o~-o/r CA:RMM:SSS.rms044d CIty CouncIl MeetIng 2-11-86 Santa MonIca: CalIfornIa ~'B HB 11 19&6 STAFF REPORT TO: Mayor and CIty CouncIl FROM: CIty Attorney SUBJECT: OrdInance AmendIng Chapter 12 of ArtIcle VI of the MunIcIpal Code RelatIng to Massage RegulatIon At Its meetIng on January 28. 1986: the CIty CouncIl Introduced for fIrst readIng an ordInance amendIng Chapter 12 of ArtIcle VI of the Santa MonIca MunICIpal Code relatIng to massage regulatIon. The ordinance IS now presented to the CIty CouncIl for adoptIon. RECOMMENDATION It IS respectfully recommended that the accompanYIng ordInance be adopted. PREPARED BY: Robert M. Myers: CIty Attorney <('-13 FEB 11 199$ VOTE: AffIrmative: ~- / Vl Negative: ~cr ~~ Q., Abstain:' u s:: Absent: tZ~ b~ ~ ~ PROOF-VOTE~ WITH ANOTHER gERSD~ BEFORE A~WTHING ~ DISTRrEUTIO~; ORiGiNAL ~o-De signeci, sealeci ana I-< o ~ Auditorum .j..l r.t1 ~ BUilding Dept. 0- ~ I-< CU(f(LUni ty and Econcmic Dev. I') ::0 ........ => '-l ........ :n 0) :> ..... ~ u Q) s.-. +-l o h >.. (l.l h s.-. C .j..l .j..l <( .j..l t'j .c: .j..l ~ ,- BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY CfE_RK'S ACTION DISTRIBUTION OF RESOLUTION # ORDINANCE If /5 s r Council Meeting Date Agenda Item # 1 ~ 6 Was it amended? ~() ;;) ,llf /Yh Introduced: Adopted: AIJ.:JAYS PUBLISH AOOP'l1v ORDINANCES* *Cross out Attorney's approval filed in Vault. NEWSPAPER PUBLICATION (Date: ) ) f Department originating staff report ( Llrdinances only Jl '" Management Serv.!se~ Lynne Batr~tte Agency mentioned In document or staff report (cert ified?) Subject file (agenda packet) 1 Counter file 1 Others: Airport Parking Auth. Personnel Planning I PolIce (en- forcement?) OJ u Finance .~ ~ ~ FIre o r.t1 . >- 0) ~ J.o o +.l +.l -< >. .j....l .-l U 4- o l;':j +.l I-< <l> ..0 o 0::: Purchasing . Recr/Parks General Servo Transportation Llbrary Treasurer Manager ?2--L L C7t.-I-/ / ~ f--z- ~.L-- SEND FOU~ COPIES OF ALL ORDINANCES' TO: *Check COde Sections before sendmg. CODED SYSTEMS, Attn Peter Maclearie ~ . 12_0 tfa~n .l"tr~et ~ AV0~1 N~w Jersey_07717. SEND FOUR COPIES OF ALl, O1~nTNANr:J::.C: .to: gXflft -lfd&fet MUNICIPAL COURT ~725 MAIN STREE4 Room 118 SANTA MONICA, CA 90401 TOTAL COPIES 3D .... ,. T- . --j,. 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 TKE 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 In Its entirety t~ read as follows: CHAPTER 12. MASSAGE REGULATIONS. SECTION Deflnltiofl.s. 62000. The folloWIng words and phrases as used In thIS Article shall have the folloWIng meanIngs: (a) Chief of Police. The ChIef of Police of the City of Santa MonIca. lbl Citv Manager. The CIty Manager of the City of Santa MonIca. r c leI tv The CIty Council. Council of the City of Santa MonIca. 1 i '\, . (d) Massaoe. 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, wlth or without the aid of any mechanical or electrlcal apparatus or app11ances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptiCS, oils, powder, creams, lotions, ointments, or other similar preparations commonly used 1n thiS practice. (el Massage EstablIshment. Any establishment hav1ng 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. ( f ) Massaqe Techn1clan. Any person who for compensatlon! engages 2 J 1 In the practlce of massage as hereIn defined. (g) Notl~e. Any notIce gIven by UnIted States mall, postage prepaId and properly addressed. NotIce shall be presumed gIven when deposIted In the United States mall. (h) Ooerator's PermIt. The permIt requIred pursuant to the provIsIons of this Chapter to operate a massage establIshment or Off-premIse massage business. (1) Off PremIse Massaae Business. Engaging In, conductIng or carrYIng on of massage at a locatIon other than the massage establishment which has been licensed, or which should be licensed pursuant to thlS Chapter. (Jl PolIce Oepartment. The PolIce Department of the CIty of Santa MonIca. SECTION 62001. Operator's ?~rmIt ReqUIred. Except as prOVIded for In SectIon 62016, no person shall operate a massage establIshment or off-premIse massage bUSIness WIthin 3 J t! J the City without first obtaining an operator's pe~mlt pursuant to the provlslorrs of thiS Chapte~ and securing the necessary bUSIness license as requIred by ArtIcle VI of thiS Code. SECTION 62002. Aoplicatlon for Operator's and Off-Premise o~erator'~ P~rmit. Any person desiring an operator's permit for a massage establishment or off-premise massage business shall flle a written application wlth the Chief of pollce on a form reqUired by the Chief of police. The applicant shall accompany the appllcatlon With the appropriate filing fee. The application shall contain or be accompanied by the follOWing InformatIon: (a) The type of ownership of the bUSiness, i . e. , whether by individual, partnership, corporation, or otherWIse. ( b ) The precise name under which the massage establlshment or off-premise massage bUSiness IS to be conducted. 4 I ~ \ t (el 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: (ll Name and complete reSIdence address. ( 2 ) Two preVIOUS addresses immedIately prior to the present address of the applicant. C3l Written proof of age. (4) Height; weight) color of hair and eyes, and sex. (5) Two front faced portrait photographs at least 2 Inches 5 , Ii by 2 Inches In SIze taken by the PolIce Department. {51 The massage o~ Slmllar 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. (7} All convictIons excluding crImInal traffIC mIsdemeanor or InfractIon VIolatIons. fa} 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 establIshment, If a sole proprIetorshIp; each general partner, If a partnershIp: each offIcer and dIrector, If a corporatIon; each partICIpant If a JOInt venture. 6 L t, .t (fl Each operator shall pass a wrltten test dealIng wlth the requlrements of thlS Code to ensure substantIal understandIng of the operator's and manager's duties. (g) Such other lnformatlon and identlflcation as deemed necessary by the Ch1ef of Pollce. (h) Author1zatlon for the Clty, its agents and employees to seek verifIcation of the lnformatlon contained 1n the applicat1on. (11 A statement ln wrItlng by the appl1cant that he or she certlfied under penalty of perJury that all Information conta1ned In the applicat10n IS true and correct. SECTION 62003. Operator fermlt Issuance and OenIal. Upon receIpt of a wrItten applicatlon for a perm1t, the Chief of Pollce shall conduct an Investigat1on, ln such manner as he or she deems appropriate, 1n order to ascertaln whether such perm1t should be 1ssued as requested. The Chlef of Police shall approve, condltionally approve, or deny the applicatIon 7 ~ 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 Code VIolatIon of Health and Safety SectIon 11550 or a VIolatIon of Penal Code Sections 266i, 315, 316, or 647(b), or has been conVIcted any other State of any offense 31B, in 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 15 required to register under the prOViSions of Penal Code Section 290. (b) 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 oeen conVIcted of any felony offense InvolVing the 8 ~ ~ ~ sale of a controlled substance specif1ed 1n Health and Safety Code SectIons 11054, 11055, 11056, 11057, or 11058 or has been convicted 1n any other State of any offense Wh1Ch, If committed or attempted in thIS 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 dIrectly engaged or employed 1n the massage establIshment or off-premise massage bUSIness, 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 permlt. (d) Any person, IncludIng; but not limlted to, employees who wIll be directly engaged or employed 1n the massage establishment or off-premlse 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, WhICh act or acts 9 are substantially related to the quallficatlons. functlon~l or duties of the massage establishment or off-premlse massage business. ( e ) The operations of the massage establishment or off-premise massage bUSIness would, lf allowed, constItute a public nUlsance. (f) The appllcant has knowlngly made a false, misleadlng, or fraudulent statement of fact to the City in the permlt application process. Cg) The contaln the SectIon 62002. (h) The satlsfled the Code. application .does not informatlon requlred by appllcant has not requirements of thls SECTION 62004.. Condltlons of Permit Issuance. The ChIef of Pollce shall conditlon the Issuance of an operator's permit to ensure compliance With thIs Chapter and other applIcable laws. Such condItIons shall Include, but not be llmlted to, the follOWIng: 10 ( a ) The front door of the massage establishment and the doors of the cublcles In Which massages are beIng during performed must all hours of remaIn unlocked 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 breastfs) nor, In the course of admInisterIng a massage, make IntentIonal contact with the 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 shall ChIef be open to of PolIce inspectIon by the or his or her- authorIzed representatIve: durIng normal bUSIness hours. 11 " eel The massage establIshment or off-premIse massage busIness shall comply wIth all prOVIsions of thIS Chapter. SECTION 62005. DenIal o~ ~ermlt and ~pp~a~. 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. Massaae Techni- Clan PermIt. [ a ) 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 '- 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. ( c) 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 pursuant to 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 na~e of the employee} and the date of 13 change. The report shall be made wlthIn fIve days of the change. SECTION 62007. Aoollcatlon for Massaqe TechnIcian. Any person deslring a massage techniclan permlt In a massage establIshment or off-premIse massage bUSIness, shall fIle with the Chlef of Pollce a wrltten application on a form requlred by the ChIef of Pol1ce. The applIcant shall accompany the applIcatIon wlth the approprlate fIlIng fee. The: applIcatIon shall contaIn or be accompanled 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 wlll be workIng 1n a massage establIshment, the applIcatlon shall Indicate the name and address of the massage establIshment. 14 (bl A statement In wrItIng from a llcensed physicIan In the State of Callfornla chat he or she has examIned the applIcant wIthln the past thIrty day period precedIng sald appllcatlon and belleves the applicant to be free from all communlcable dIseases. (cl The followIng personal informatIon concerning the applicant: {ll Name and complete resIdence address. ( 2 ) Two preVIOUS addresses ImmedIately prIor to the present address of the applicant. (3) WrItten proof of age. (4) HeIght, weIght, color of hair and eyes, and sex. (5) Two front faced portralt photographs at least 2 lnches by 2 Inches in SIze taken by the Pollce Department. ( 6 ) The SImIlar business massage hIstory or and experlence of the applicant, Includlng but not lImited to, whether or not such person: In prevlously performIng massaae serVIces or operating a 15 massage establIshment or similar business In this or any other CIty or State under license or permit has had such license or oermlt denied, revoked, or suspended and the reasons therefor. (7) All criminal traffic convictions excluding misdemeanor or Infraction violations. (S) A complete set of fingerprInts taken by the Police Department. (d) Each applicant must furnIsh a diploma or certificate and transcrIpt of graduation from an approved school wherein the method, profession, anatomical and 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 94311D and reViewed by the SuperIntendent WIthin the preceding 16 twelve month period whlch 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 formallzed course of study 1n massage, practice, anatomy, and phYSiology IS prOVided upon application. Proof of completion shall Include, but not be lImited 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 ~lnlmum reqUIrements. 17 (e) The appllcant must pass a wrltten and eral examInatIon prior to the Issuance of the massage technICIan permIt. The examInatIon shall meet the followIng reqUIrements: (1) 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 have at least fIve years of or practIce In hiS or her shall lIcenSIng fIeld and health Doctors, shall Include licensed care profeSSionals such as ChIropractors} PhYSIcal 18 TherapIsts, and lndlvlduals pursued requlred courses who have approved massage school In an and are graduates thereof and hold a diploma therefrom. shall (3) The Chlef of Pollce establIsh standards and procedures governing the administratlon and gradlng of all examinatIons and shall exerCIse such supervlsIon as may be necessary to ensure complIance therewith. (4) An applIcant who falls to pass the eXam~natIon shall not be elIgIble for another examInation untIl 90 days after the preVIOUS examInatIon. An applIcant who falls to pass upon a thIrd trIal) shall not be ellglble agaIn untIl one year thereafter. An addltional proceSSIng fee may be flIed wlth the ChIef to each examlnatIon. (f) Such other InformatIon and reqUIred to be of PolIce prIor ldentlficatlon as deemed necessary by the ChIef of Pollce. 19 (g) AuthorIzatIon fo~ the Clty, lts agents verIfIcatIon and employees to seek of the InformatIon contaIned In the appllcat1on. (h) A statement 1n wr1t1ng by the applicant that he or she certified under penalty of perJury that all 1nformatlon conta1ned In the appllcation 15 true and co~rect. SECTION 62008. Massaae Technl- Clan PermIt Issuance and DenIal. Upon receIpt of a wrItten applIcatIon for a permit, conduct the Chief of PolIce shall an investIgat1on, In such manner as he or she deems appropriate, In order to ascertaIn whether such permlt should be Issued as requested. The ChIef of PolIce shall approve, condItIonally approve, or deny the applIcatIon wIthln 30 days of the fIling of an applicatIon. The ChIef of Police shall Issue such permIt as requesced unless the Ch1ef of PolIce makes any of the follOWIng fIndIngs: (a) The applIcant has been conv1cted of a VIolatIon of Health and Safety Code SectIon 11550 or a 20 ~ vIolatIon of Penal Code Sections 2661, 315, 316, 318, or 647(bl, 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 conVIcted of involVIng the applicant has been any felony offense sale of a controlled Safety 11056, speCIfIed In Health and Code SectIons 11054, 11055, 11057, or 11058 or has been substance 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. (cl 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 *I (d) The appllcant has commItted an act involvlng dlshonesty} fraud, or decelt wlth the lntent to substantIally beneflt himself, herself, or another to inJure another, or substantlally or an act of vlolence, WhICh act or acts are substantIally related quallflcatlons, functlons} of a massage technlcIan. (e) The applIcant has knowlngly to the or dutles made a fraudulent false, statement mislead lng, or of fact to the CIty 1n the permIt appllcatlon process. (f) The appllcatlon does not contaln the Informatlon requIred by SectIon 62007. (gl The applicant has not satisfIed the requlrements of thls Code. SECTION 62009. Cond1t.ions of Massaae ~echnlCIan's Permlts. The Chief of Pollce shall condltlon the 1ssuance of a permlt for a massage technlcIan's permlt to ensure compliance wlth thls Chapter and other 22 i applicable laws. Such condItIons shall 1ncludej but not be llmlted to: the followlng: (a) That changes of the business address of the permlt holder must be reported to the Chief of Police within three working days after the change occurs. (b) That the holder of the permIt must have In his or her possessIon a photo IdentIflcation card prepared by the Pollce Department when worklng pursuant to the permlt. The photo ldentIflcatIon card shall be promptly presented to any peace off i cer upon request. I f a permi t holder changes his or her buslness address as described 1n subsectIon (a) abovej he or she shall be requlredj w1thln fIve days after such change occurs, to obtaln from the Po 11 ce Department a new photo ldentlfIcatIon card. (e) That If the applIcant IS authorIzed to conduct off-premIse massage~ that off-premIse massage shall not be conducted In a hotelj 23 motel, except or commercial establishment an office occupIed by the customer. (d) That when worklng pursuant to the permlt, the permlt holder may not expose hlS or her genltals or buttocks, or, 1n the case of a female, her breast(s), or make 1ntentional contact or occaslonal and repetltlve contact w1th the genltals or anus of another person. (e) No massage technlC1an employed by an Adult Entertalnment Use, as deflned in Chapter 7 of Article IX of this Code, may hold an off-premise massage permIt at the same time. (fl No massage techniCian employed by a massage establ1shment may engage 1n any off-prem1se massage buslness. 24 SECTION 62010. Unlawful Ooera- tlons. (al No person shall gIve, or assist In the giVing, of any massage to any person under the age of 18 years, unless the parent or guardian of such minor person has consented thereto 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 operator's permit as ChIef of PolIce. (c) Each operator shall prOVIde conducted, the Issued by the in each room where massages are given] sufficient lIghtIng and ventIlatIon as reqUIred by the UnIform BUIlding Code. 25 (d) The Department of Health shall, from tIme to tIme, and at least once a year make an InspectIon of each massage establIshment In the CIty for the purposes of determInIng that the health provlslons of the laws of the State of Californla and ordInances of the CIty of Santa Monlca and County of Los Angeles are met. (el A mInImum of one tub or shower, and one toilet and wash baSIn shall be provIded for the patrons In every massage establIshment. 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 slmllar 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 26 for patrons, a mInImum of one separate wash baSIn shall be provIded In each massage establIshment, WhICh baSln shall provIde soap or detergent and hot runnlng water at all tImes and shall be located wIthIn or as practIcal performIng addItIon, each wash to the area devoted to the of massage serVIces. In there shall be provided at baSIn} sanItary towels placed in permanently Installed dIspensers. If the wash baSIn for patrons IS not In the tOIlet room but It IS ad]aceht thereto, thIS wash basln shall meet the separate wash basin requIrement~if it is reasonably close to the area devoted to the performing of massages. (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. Cg) No person lIcensed to do bUSIness as hereIn prOVIded shall operate under any name or conduct 27 bUSIness under any desIgnatIon not spec1f1ed 1n hIS or her permlt. (h) No person shall enter, be, or remain In any part of a massage establIshment llcensed under thls Chapter whlle 1n possesslon of, consuming, using: or under the influence of any alcoholIC beverage or drug. The owner, operator, and manager shall be responsible for ensurlng that no such person shall enter or remaln upon the llcensed premIses. (il No bUlldlng or part thereof used as a massage establIshment shall be equIpped with any electronIc, mechanical, or artlflCIal devlce used, or capable of beIng used for recordIng or vldeotaplng, for monltorlng the actlvItIes, conversatlon, or other sounds 1n the treatment room or room used by the buslness customers. {J} No massage establIshment lssued a permIt under thls Chapter shall send massage technICIans off the premises for the purposes of admInistering a massage, nor shall the 28 massage thereof establIshment or any part 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 permltted by thls Chapter. (k) Every person to whom or for whom a massage technIcian permIt shall have been granted pursuant to the provIsIons of thIS Chapter shall display said permIt In a conspICUOUS place wIthIn the massage establishment so that the same may be readlly seen by persons entering the premIses. (1) No person holdlng a massage technIcian permIt Issued under thIS Chapter, or employed by or worklng in a massage establishment lIcensed under thIS Chapter, may, In working pursuant to such Chapter or lIcense, 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. 29 (m) All persons, massage technIClans, and attendants shall wear clean outer garments. These garments must be of a fully opaque materLal and provIde complete coverlng of the genitals, genItal area, buttocks and female breasts of such employees, massage technlc1ans, and attendants. (n) Each establishment shall provide to all patrons, clean, sanItary and opaque coverIngs capable of covering the patrons' specIfied anatomlcal 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 1 Standard or portable used WIth a massage tables shall be 30 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. (ql Every person operating a massage establishment and each person dOlng buslness as a massage technICIan shall keep a record of the dates and hour of each treatment or servIce, name, address and bIrthdate of the patron to be IdentIficatlon, 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 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. (e) 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. (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. ft} No person whIle conductIng bUSIness as an off-premIse massage technICIan, shall be In posseSSIon of, 32 or under the lnfluence of any alcohollC beverage or drugs. (u) No person noldlng 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. Manaqers. All massage establishments reqUIred co 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 SECTION 62012. Chanaes of BUSIness. Every massage establlshment operator shall report lmmedlately to the ChIef of Police, 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 holding more than ten percent of the stock of the corporation, offlcers, dIrectors, and partners In any and all changes of name, style, or deSIgnation under whIch the bUSIness IS to be conducted, and all telephone bUSIness. changes numbers of address or of the massage SECTION 62013. InspectIons. The CIty'S BUIldIng and Safety Department and Fire Department, and the Los Angeles County Health Department, shall Inspect the premIses proposed to be devoted to the massage establishment and shall certIfy on the requlred permit appllcatlon, complIance or noncomplIance WIth the 34 regulations Chapter. as set forth 1n this SECTION 62014. Tra~sf~~ ~nd DuratIon of Perm\~sJ Suspens10n and RevocatIon. (al No permit issued hereunder shall be transferable. All operator and massage techniCian perm1ts shall be issued for the perIod of the fIscal year or portion thereof remaIning followIng Issuance of such permIt, and shall expIre the last day of the fIscal year (June 30th), (bl Applications for the next enSUIng fIscal year shall be flIed wIth the ChIef of PolIce before the end of the fIscal year. Such renewal applIcatIons must be flIed no later than 30 days prIor to the end of the fIscal year to prevent a lapse of the permIt. (e) 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 applIcatIon. Each massage technicIan 35 renewal appllcanc shall Include a statement 1n wrItIng from a llcensed physiclan 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 appl1cant or permIt holder has permItted v1olat1ons 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 et seq., of thIS Code. {el No suspended permIt may be renewed. If a suspended permit lapses during the suspension perIod, a new applIcatIon may be approved to be 36 effectIve only upon the eXpIratIon of the period of suspensIon. (fl 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 revocatlon 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 HealIng Arts. The provISIons of thIS Chapter shall not be deemed applicable to any person who 15 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 SECTION 62016. EXemotIon for Other ProfessIonals. (a) Except as provIded for In thIS Section} the prOVISIons of thIS Chaoter shall not be deemed aoolIcable 4 . . to any person 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 have been Issued a CertIfIcate of AuthorIzation for SerVIce as an Instructor In Massage pursuant to CalIfornIa EducatIon Code SectIon 94311(d)(31 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 ~ Massage Theory and Practlce, EthicS of Massage Practlce, Flrst AId and CPR. (2) The organIzatIon or aSSOclatlon requIres that a test be passed in order to obtaln membershIp. The test must be conducted In a faIr and impartlal manner and meet or exceed the testlng reqUIrements of SectIon 62007. (3) The organIzation or assocIation requlres particlpatlon ln contInuIng educatIon programs as a condItIon of continuing membershlp, (4) The organIzatIon or associatIon has establIshed rules of ethICS and has enforcement procedures for the suspensIon and revocatIon of membershIp of persons vIolatlng the rules of ethICS. ( c ) In order to obtaln an exemptIon certlflcate, the person must flle an application for an exemptlon certifIcate In the form requlred by the ChIef of PolIce. If the applicatIon for exempt10n 15 based upon the person having been Issued the necessary CertifIcate of AuthorIzation 39 . , ~ 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 that the organIzation or aSSOCIatIon meets the reqUIrements of subdIviSIon (b) of this SectIon, or within 60 days If no such determination has been made. (d) A person exempt 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. fe) At such tImes as the ChIef of Police deems exempt required under approprIate, persons thIS SectIon may be to verIfy that he or she 40 ~ ~ contInues to be entItled to an exemptIon under thIS SectIon. (f1 The exemptIon certIfIcate shall be deemed revoked and of no further force or effect on the date on which the person's AuthorIzatIon for CertIfIcate Service as of an Instructor CalifornIa 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 exemptlon under thIS Section. (g) No operator's permIt shall be requIred by thls Chapter by a person who employs only persons exempt under thIS Section. An operator's permIt shall be requIred by any person who employs both massage technlcians lIcensed under thls Chapte~ 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 41 . ~ the tIme and in the manner set forth In SectIon 6124 et s~q. of thIS Code. rl1 ~ pprsnn exempt under thIS SectIon shall not be requIred to obtaIn a pollce permIt pursuant to SectIon 6120. SECTION 62017. Comollance. CommenCIng on the effectIve date of thIs Chapter; permIts 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 In effect for the remaInder of the f1scal year and shall be renewed In accordance wIth Sectlon 62014. A rpnewed operator's permIt may be de~led or condItIoned to the same extent as a new operator's permIt. (bl CommenCIng on the effectIve of thIS Chapter; massage date operators and massage techniCIans shall comply WIth all reqUIrements of SectIon 62010. 42 . ~ (cl All persons operating under an eXistIng massage ~echnician permIt and otherWIse meetIng the reqUIrements for permIt renewal are by July 1] 1986t to 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 subdiVISions perIod specified In (b) 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 Procedure. Any this Chapter not 62019. VarIance other prOVISIon of WIthstandIng, the operator or a person applYIng for an 43 ~ ~ ~ operator's 62003 of the Chlef 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))J 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. (e) 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, safety, and welfare. The deCISIon of the Chief of PolIce to 44 ~ grant or to deny a request for a variance shall be flnal. However, nothing hereIn shall be construed to detract from the rlght of an appllcant for an operator's permit to appeal a declslon of the Chlef of Pollce with respect to denial or condltional approval of such permlt pursuant to Section 62003 of this Chapter. SECTION 62020. Massaqe Schools. A massage school duly accredlted by the State of Callfornla may obtaln an operator's permit under thls Chapter and may employ massage technlclans to provlde massage so long as the princlpal business act1vlty is provldlng educatIon and lnstructlon. SECTION 2. The amendments prov1ded 1n Sectlon 1 of th1S Ordlnance to Chapter 12 of Art1cle VI of the Santa Monlca Munlclpal Code shall not bar or otherwlse effect the fil1ng of a crimlnal complalnt, the prosecutlon thereof, and punishment for an act committed prlor to the effectlve date of thls Ordinance 1n violation of any provlslon of the Santa Monlca Munlclpal Code notwlthstandlng the amendment thereof by th1S Ord1nance. 45 .. r( SECTION 3. Any provlslon 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 affect the prOViSIons of this ordinance. SECTION 4. 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 the 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 wlthout regard to whether any portion of the ordinance would be subsequently declared Invalid or unconstItutIonal. SECTION 5. 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 offIclal newspaper WIthin 15 days after its adoptlon. The ordlnance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~~.~ ROBERT M. MYERS CIty Attorney 46 -- . ..."" ."" Adopted and approved thIS 11th day of February, 1986. ,0l;A-~ ( Mayor ( .;> '- L-L I hereby certify that the foregoing Ord lnance No. 1358 (CCS) was duly and regularly introduced at a meetlng of the Clty Councll on the 28th day of January 1986; that the sald Ordlnance was thereafter duly adopted at a meetIng of the Clty Councll on the 11th day of February 1986 by the following Councll vote: Ayes: Councilmembers: Conn, Epsteln, Jennlngs, Zane and Mayor Reed . Noes: Councllmembers: H. Katz AbstaIn: Councilmembers: None Absent: Councllmembers: A. Katz ATTEST: /~ ')/)/1 (J /J L~?c---}'L/ ~~tJL. - , City Clerk