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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$
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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:
)
)
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Department originating staff report (
Llrdinances only
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Management Serv.!se~ Lynne Batr~tte
Agency mentioned In document or staff report
(cert ified?)
Subject file (agenda packet) 1
Counter file 1
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Airport
Parking Auth.
Personnel
Planning
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Treasurer
Manager
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SEND FOU~ COPIES OF ALL ORDINANCES' TO: *Check COde Sections before sendmg.
CODED SYSTEMS, Attn Peter Maclearie
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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
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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
~
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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:
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City Clerk