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JAM 2 8 1986
CA:RMM:SSS:rms044b
City CouncIl Meeting 1-28-86
Santa Monica) California
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
This Staff Report transmits the accompanying ordInance
for first readIng amendIng Chapter 12 of Article VI of the
MunICIpal
Code
relating
to the regulation of massage
establishments and massage technicians.
BACKGROUND
Chapter 12 of Article VI of the Santa MonIca Municipal
Code) SectIons 62000-62013) regulates massage establIshments)
operators, and technICIans. The Chapte~ was enacted In 1978
and amended in 1980.
On May 10, 1983, the CIty CounCil
approved the City Attorney request to prepare an ordInance
establishing new regulatIons.
The proposed amendments have two main purposes. The
first IS to Improve the regulatIon of eXIstIng massage
establishments
through
refInement
of
the profeSSIonal
requirements for obtainIng licenses and the health and safety
condItions for the operation of massage establIshments. The
1
9.A
JS 2 8 7986
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second is to expand the opportunIty for IndIvIduals to engage
In legItImate massage bUSIness In Santa MonIca.
At its meetIng on November 26, 1985, the City CouncIl
held a public hearing on the proposed Massage Ordinance. In
response to varIOUS concerns raIsed by members of the public,
the City CouncIl referred the ordinance back to the City
Attorney.
On January 9, 1986, the CIty Attorney met with varIOUS
IndIvIduals Interested In the Massage OrdInance. ThIS meetIng
was preceded by a notIce to all persons who attended the
public hearIng on November 26, 19B5, and to other interested
individuals. The meetIng was well attended and resulted In a
page by page consideratIon of the ordinance. The meeting was
adjourned to January 16, 1986, so that the CIty Attorney could
prepare reVISIons for conSideratIon by those attending the
meetIng.
On January 16,
City Attorney's office.
1986, another meetIng was held In the
A revlsed ordinance was dIscussed and
addItIonal reVISIons were made In response to the suggestIons
made by those attending the meetIng.
of the reVISions is set forth below.)
fA detaIled dISCUSSIon
LEGAL ANALYSIS
Regulation of bUSinesses that Involve freedom of
express1on, such as ~adult~ bookstores and theaters, 1S
subjected to strIct scrutIny. See Playtime Theatres v. Cltv
o( Renton, 748 F.2d 527 (9th C1r. 1984), prob. jur. noted, 85
2
t ·
j .. '" ,~
...
L.Ed.
2d 297 (1985) (regulation of adult mOVIe theaters not
supported by precIse findIngs); Adul~worl~ Bookstores v. C~tv
of Fresno] 758 F.2d 1348 (9th GIr. 1985) (bookstores); Purple
OnIon V. Jac~son, 511 F. Supp.
1207 (N.D. Ga. 1981) (~where
FIrst Amendment freedoms are at stake.
preCiSIon of
drafting and clarIty of purpose are essential"). However] the
licensing of massage establIshments IS a type of economIC
regulatIon
that IS evaluated by courts under the less
restrIctIve ~ratlonal baSIS" test.
$~e G~pusa v, Cl~Y 9f
Peoria, 475 F. Supp. 1199 (N.D.
III 1980), vacated Qll other
arounds, 619 F.2d 1203 (7th CIr.
1980) (heaVIer burden in
justIfying FIrst Amendment protected actIVItIes "as opposed to
unprotected actIVItIes such as massage parlors or liquor
establIshments").
As the CalIfornIa Court of Appeal recently stated In
upholding a munICIpal regulatIon Imposing educatIonal and
hours reqUIrements on massage establIshments:
The dIstinctIon between massage
parlors and other bUSInesses reqUIres
only a ratIonal relatIonshIp between
means and ends for the claSSIficatIons
[In the ordInance).
If those ends are
plaUSIble and JustIfIable there 15 no
constItutIonal
defect.
[The] CIty
seeks to avert the danger of brothels
masquerading
as
massage
establIshments. ObVIously legislators
3
~
may take into account the nature of
the busIness to be regulated} and the
reasonableness of the regulatIon
depends on the nature of the bUSIness
and the ease wIth WhICh It can be
dIverted
unlawful
In whole or part to an
bUSIness. DIscouragIng
prostItutIon
IS
a
valid
state
Interest.
Owens v.
CIty of SIg~al
3d 123, 128, 201
(1984) (cItatIons
HIll, 154 Cal. App.
Cal. Rptr. 70, 73
omItted).
Accord Brlx v. CIty of S~n ~af~elJ 92 Cal. App. 3d 47, 154
Gal. Rptr. 647 (19791j KIm v. Dolch, 173 Cal. App. 3d 736, 219
Cal. Rptr. 248 (1985) (massage parlor industry is "pervasIvely
regulated<< because of government Interest In "controllIng
prostItution, mInImIzIng the danger of InJury to a customer
from an Ill-trained masseuse, and regulating other health and
safety concerns<<). See also Cohen v. Board of SuoerVlsors of
San FrancIsco, 40 Cal. 3d 277J 707 P.2d 840, 219 Cal. Rptr.
467 (1985) (regulatIon of escort servIces).
The lInk between massage establIshments and prostItutIon
IS well-establIshed and recognIzed by the courts. See
TomlInson v. CIty of Savannah, 543 F.2d 570 (5th CIr. 1976):
Dunlop v. UnIted States) 165 U.S. 486 (1897). It IS clear
that the legItImate bUSIness of massage can easIly be dIverted
to prostItution, necessltating careful lIcense reVlew and
4
.
, .
effectIve inspection procedures.
See Ow~ns v. CIty of SI~nal
Hill,
154 Cal.
App. 3d 123, 201 Cal. Rptr. 70 (1984).
For
thIS reason, and partIcularly because of the concentratIon of
massage establIshments in Santa MonIca} massage establishments
have been determIned to constItute "adult entertaInment uses"
under MunICIpal Code SectIon 9702.
Thus, current zonIng law
severely
restricts
the
locations
where
new
massage
establIshments can be located, as well as prohIbItIng the
IntenSIfIcation of eXIstIng massage uses located In zones
where new establishments would be prOhIbIted.
It
should
also
be
noted that IllICIt
"massage
establIshments" tend to attract a hIgh percentage of customers
who are Intoxicated or bent on crimInal actIVIty, partlcularly
durIng nIght hours.
The use of massage establIshments as
covers
for
prostitutIon actlvltles not only encourages
VIolatIon of the law, but also results In the explOItatIon of
the women employees, who are often of uncertaln lmmigratIon
status and are susceptIble to hIgh rlsks of VIolence and
communIcable diseases.
The Interest of the City In mlnImlzing the dlversIon of
legItImate
massage bUSInesses to prostltutlon actiVItIes
JustIfies restrIctIon of hours of operatlon, reqUIrements
allOWIng easy polIce entry and lnspectIon, requIrlng a polIce
permIt that may be denIed or revoked for convlctlon for
prostItutIon or other crIme assoclated WIth IIIIClt "massage"
actlvltles, zoning restrIctions on new establlshments and
lntenslfIcatlon
of
eXlstlng
non-confIrmIng
uses,
and
5
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requIrements that technIcians and customers be fully clothed
and rooms well lIt.
In additIon to the ready diversion of massage
establIshments to IllICIt houses of prostItutIon, the massage
bUSIness can be regulated because It affects the pUblIc
health. Massage Involves the physIcal manipulation of the
human body. It thus can Involve phYSIcal trauma and
transmISSIon of communIcable dIsease (a risk that IS
exacerbated by sexual contact or a rapId turnover of patrons).
Thus, the massage business must be regulated to assure
sanItary faCIlItIes and qualified personnel.
It IS recognIzed that massage, properly practIced, has
salutary qualitIes In promoting the physical well-beIng of
customers. Thus: the CIty does not seek to prohibIt the
practIce of massage; Its goal IS to assure that persons who
provide massage for others for compensatIon are competent and
aware of
the CIty
inspectIon
health factors and legal requIrements. SImIlarly,
requIres basIC sanItary condItIons and regular
of massage establIshments to assure adequate
sanItatIon.
Under the existIng ordInance, off-premIses massages are
prohIbited. The proposed ordInance permIts the licenSing of
persons who would be allowed to give massages in people's
homes, although not In hotels or motels. As stated above,
thIS prOViSIon IS Intended to expand the opportunItIes for
persons competent to gIve legItImate therapeutIc massages.
6
.
The provIsIons for the grantIng, suspenSIon, and
revocatIon of lIcenses and permIts are defInIte and specifIc;
an adequate opportunIty for an admInIstratIve hearIng IS
afforded. The conditIons for a lIcense, IncludIng the
competency testIng and the requirement that an applIcant have
no convictIon for certaIn offenses, are reasonably related to
the purposes of the regulatIon of the massage buslness. See
Brown
v.
Brannon,
399 F.
Supp.
133
(M.D. N.C.
1975)
(fIngerprInts, photographs, and medIcal examInatIons for
massagIsts); Saxe v. BreIer, 390 F. Supp. 635 (W.D. WISC.
1974) (two years contInuous experIence). Thus, the ordinance
meets all constItutIonal standards.
SECTION BY SECTION ANALYSIS
SectIon 62000.
DefInItIons.
ThIS SectIon defines terms
In the Chapter.
The term "massage establIShment" replaces
"parlor;"
"massage
technICIan"
replaces
"masseur."
An
addItional defInItIon of "off premIse massage business" has
been added, as the proposed ordlnance regulates "off-premIses"
or "outcall" operators.
SectIon 62001. Operator's Permit ReqUIred. This
SectIon reqUIres a permIt for the operatIon of a massage
establIshment or off-premlse massage bUSIness.
SectIon 62002. ApplIcatIon for Operator's Off-PremIses
Operator's PermIt. ThIS SectIon reqUIres applIcants for
Operator's permIts to furnIsh speCIfied InformatIon to the
ChIef of PolIce.
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SectIon 62003. O~erator Permlt Issuance and Denial.
ThIS SectIon requires the ChIef of PolIce to InvestIgate and
approve, conditionally approve, or deny applIcations for
operators' permIts wIthln 30 days of their fIling. A permIt
must be Issued unless the ChIef makes specifIed fIndIngs.
These fIndIngs Include the commiSSIon by a person connected
with or employed by the massage bUSIness of narcotIcs or
sexual offenses, fraud, VIolence related to the massage
bUSIness, or an act that would be grounds for revocation of a
lIcense or permIt.
Section 62004.
CondItIons of Permits.
ThIS Section
reqUIres the Chief of PolIce to Impose at least SIX conditIons
on an operator's permIt.
SectIon 62005. Denial of Permit. ThIS SectIon reqUIres
the ChIef of PolIce to deny a permit upon a fIndIng under
SectIon 62003 and provIdes for appeals to the HearIng EXamIner
from permIt denIals or condItIonal approvals.
Section 62006. Massaqe TechnIcIan PermIt. ThiS SectIon
reqUIres all persons, except those persons exempt under
SectIon 62015 or 62016, who actually gIve massages for
compensatIon (massage technICIans) to have a permIt.
Operators are responsible for employing only persons WIth
permits and reportIng all changes In employment to the ChIef
of PolIce.
SectIon 62007.
Appl~catlons for Massaae Technlclan.
This SectIon states the requlrements for Massage TechnICIan
PermIts. An applIcant must provide the follOWIng:
8
f...
(a) The antIcipated locatIon where he or she wIll be
working.
(b) A statement from a phYSIcian that the applicant has
been examIned wIthin the past 30 days and is free from
communIcable diseases.
(c) Personal
InformatIonJ
Including
crimlnal
convIctions and busIness hIstory.
(dl A dIploma from a state-approved massage school and
passage of an examinatIon are required.
SectIon 62008. Massaoe TechnIcian PermIt Issuance and
Den 1 a 1 .
ThIS Section concerns procedures for actIon on a
technICIan's permIt.
SectIon 62009.
CondItIons of Permits.
ThIS Section
reqUIres the ChIef of PolIce
condItIons on technICIan's permits.
SectIon 62010. Unlawfu~
enumerates varIOUS reqUIrements
bUSInesses.
to Impose at least fIve
OperatIons. ThIS SectIon
for the conduct of massage
A manager must be present on
SectIon 62011. Mana~ers
the premIses at all tImes.
SectIon 62012. Changes
ownershIp or management must be
ChIef of PolIce.
Section 62013. InsoectIons. ThIS SectIon requires the
CIty BUIlding and Safety Department and the County Department
of Health (the CIty'S Health OffIcer) to Inspect proposed
9
of BUSIness. Changes in
reported ImmedIately to the
massage establIShments and certIfy complIance wIth faCIlIties
requIrements of Section 62010.
SectIon 62014. Transf~r and Duration of Permits. ThIS
Section provIdes that permits expIre at the end of a fiscal
year, may be renewed by update of InformatIon, and are not
transferable. Technicians must submIt a new statement of
phySical examination. Procedures for revocation or suspensIon
of permIts, and appeals to the Hearing Examiner, are provIded.
SectIon 62015. Exemption for Heallna Arts. ThIS
SectIon provides an exemption for state-licensed healing arts
prOfessIonals.
Section 62016. Exemotion for Other Professionals. ThIS
SectIon provides exemptIon procedures for persons who are
members of certaIn profeSSional organizatIons or aSSocIatIons.
SectIon 62017. Comollance. EXIstIng operators must
comply WIth SectIon 62010 WIthin 90 days after the effectIve
date of the ordInance; existing lIcensed massage techniCians
have untIl July 1, 1986, to obtain a new permit under Section
62007. The Chief of PolIce may grant reasonable extenSions of
tIme. Currently licensed massage technIcians are exempt from
the new educatIonal reqUIrements for lIcenSIng.
SectIon 62018. Fees. ThIS Section authorIzes the CIty
Council to establIsh processIng and admInIstratIon fees by
resolutIon.
SectIon
62019.
VarIance Procedure.
This SectIon
permits the ChIef of PolIce to grant a varIance from the wash
faCilItIes reqUIrements of SectIon 62010(el upon a shOWing of
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hardshIp and compliance wIth basIc health and safety laws.
The decIsion of the Chlef of PolIce as to a varlance shall be
fInal.
ANALYSIS OF REVISIONS
ThIS part of the Staff Report wIll analyze the varIOUS
revIsions made to the proposed ordinance as a result of the
January
9,
1986,
and January 16,
1986, meetIngs.
The
followIng prInCIpal changes have been made In the ordinance:
1.
SubdIVIsion
Cd) of Section 62000 was amended to
prOVIde a new defInItIon of massage.
The new defInitIon
Incorporates the definition utilIzed by the CIty of Los
Angeles In Its ordInance.
2. In subdIVIsIon (a) of Section 62003, the time perIod
for acting on applIcatIons for operator permIts was reduced
from 45 to 30 days.
3 .
SectIon
62004
was
clarIfIed to recognIze In
approprIate SUbdIVISIons that certaIn condItIons apply to both
massage establIshments and off-premIse massage businesses,
whereas other condItions only apply to massage establIshments.
4. SubdIVISIons (a), (b), and (c) of Section 62006 were
amended to make reference to an exemption certIfIcate WhICh
WIll be dIscussed In greater detail below.
5. SubdIVISIon
(d) of SectIon 62006 was amended to
delete a reqUIrement that the massage technICIan return hiS or
her card to an operator upon terminatIon of employment.
ThIS
deletlon is appropriate because massage techniCIans may work
11
at multIple locatIons and It IS ImpractIcal to requIre return
of theIr 1.0. card upon termInation of employment at one of
the locatIons.
6 .
SubdIVISIon
(a) of SectIon 62007 was amended to
reflect that the proposed workIng locatIon of the massage
technIcIan need be stated only If known. Massage technIcIans
were concerned that they would not be able to meet the
lIcensIng
It mIght
lIcensed
7. SUbdivIsion (e) of Section 62007 was amended to
reflect that the examInatIon will be bot~ wrItten and oral.
requIrements untIl they had secured a job, whereas
be dIffIcult to secure a job if they were not
8. SectIon 62008 was amended to reduce the time perIod
for actIng on massage technICIan applIcatIons from 45 to 30
days.
9.
SubdIVISIon
(b) of SectIon 62009 was amended to
remove the reqUIrement that massage technICIans dIsplay theIr
I.D. cards at all tImes. Instead, massage technICIans would
be reqUIred to have the I.D. card In theIr posseSSIon and to
present It promptly to a peace offIcer upon request. ThIS
change was made In response to prIvacy concerns of massage
techniCIans. In addItIon, the tIme perIod set forth in thIS
subdIVISIon was changed from one week to fIve days to be
conSIstent WIth other tIme requirements In the ordInance.
10. Paragraph fel of SectIon 62009 was clarIfIed to
IndIcate the restrIctIons on off-premIse massage. Language
was added to clarIfy the fact that off-premIse massage could
12
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.
be performed 1n an off1ce occupIed by a customer. The
prohlbltlon agaInst perform1ng off-prem1se massage In hotels
and motels rema1ns.
11. SubdIvIsIon (e) of SectIon 62009 was amended to
indIcate that someone may be employed at certaIn massage
establ1shments
and
also engage in off-premise massage.
However,
no
massage
technICIan
employed by an adult
entertaInment use as defIned In the CIty'S adult entertaInment
ZonIng ordInance may also hold an off-premIse massage permIt.
ThiS change responds to concerns of some massage techn1c1ans
who may be employed part-tIme at health faCIlitIes but also
need to engage In off-premIse massage to remaIn gaInfully
employed.
12. SubdIVIsion (f) of SectIon 62009 has been amended
to reflect the fact that off-premIse massage may be permItted
as to persons employed by certain massage establIshments.
13. Subd1v1s1on (cl of SectIon 62010 was amended to
delete spec1fIC lIghtIng standards.
14.
SubdiVIsion (d) of SectIon 62010 was deleted.
This
subdiVISIon related to certaIn dIsinfectant reqUIrements WhICh
are not Important from a CIty perspectIve.
In lIght of thIS
deletIon other subdIVISIons of thIS SectIon were renumbered
accordIngly.
15. SubdIvision (j) of SectIon 62010 was amended to
clarify that off-premIse massage may be permItted in certaIn
CIrcumstances by those persons employed by certaIn massage
establIshments.
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16.
SubdIVISIon
(m) of SectIon 62010 was amended to
delete the reqUIrement that clothing worn by massage
technIcIans only be utIlIzed at the massage establIshment.
ThIS responded to concerns of some massage technICIans who may
be employed by a health club, for example, who perform massage
In Jeans or other approprIate attIre whIch they obVIously wear
to and from the massage establishment.
17.
SubdiVision
(p) of SectIon 62010 was amended to
delete the requirement concernIng covering material on massage
tables. In additIon, the foam pad prohibItIon was clarified
18. SubdiVIsion (q) of Section 62010 was amended to
elImInate the reqUIrement of obtaInIng medIcal Information
from each customer. In addItIon, a tIme perIod was Inserted
IndIcatIng that the records required by thIS subdiVISion must
be maIntained for one year. Absent thIS addition, the
subdivision could have been Interpreted as reqUIrIng a longer
record keepIng period.
19.
SubdIVIsion
(r) of SectIon 62010 was amended to
reflect that the photo IdentIficatIon card Issued by the
PolIce Department need not be dIsplayed but only kept on the
person of the massage technICIan and promptly dIsplayed to a
peace officer upon request.
20. SubdIVIsIon (u) of SectIon 62010 was amended to
clarify that off-premise massage could be performed 1n an
offIce occupIed by a customer. As Indicated above, the
prohIbItion of Off-premIse massage in hotels and motels
continues.
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21.
SectIon 62015 has been substantIally amended.
The
prOVISIons of thIS SectIon In the ordInance presented on
November 26, 1985, contaIned an exemptIon for healIng arts
professIonals, contaIned an exemptIon for members of the
Rolfing InstItute of Boulder, Colorado, and contaIned a
compliance date provIsIon. Those subjects have now been
placed In three separate sections. The new SectIon 62015
solely relates to an exemptIon from the requIrements of this
Chapter for healing arts professIonals.
22. The new SectIon 62016 provIdes an exemptIon from
the provIsIons of the ordinance for any IndivIdual who is a
member of a professIonal organizatIon or association WhICh the
Chief of PolIce determInes meets certaIn requIrements. These
requIrements Include minImum educational requIrements, testing
requIrements, contInuing education requIrements, and ethIcal
rules which are enforced by the organIzatIon or assocIation.
A process IS prOVIded for obtaInIng an exemptIon certIfIcate.
Other provIsIons of thIS SectIon relate to the rIght of the
Chief of PolIce to verIfy contInuIng membershIp and provIsIons
for revocatIon of the exemptIon certIficates
The purpose of thIS new exemptIon procedure was to
reflect the concern of many of the massage professIonals that
an exemptIon was not approprIate solely for the RolfIng
InstItute of Boulder, Colorado. Therefore, rather than
prOVIdIng an exemptIon for a
exemption procedure has been
organIzatIons In addItIon to
speCIfIC organlzatlonJ an
establIshed
the Rolflng
whereby other
Institute can
15
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quallfy. Based upon the Informatlon avaIlable to the CIty
Attorney: the members of at least two organlzatIons would
appear to be eligIble for an exemptIon: members of the RolfIng
InstItute of Boulder: Colorado, and members the AmerIcan
Massage TherapIst ASSocIatIon.
23. Section 62017 now
complIance. No substantIve
SectIon.
24. SectIon 62020 has been added to IndIcate that duly
contaIns the tIme periods for
changes have been made to thIS
accredIted massage schools may employ massage technIcIans and
provIde massage for compensatIon SO long as the prIncIpal
bUSIness actIvIty remaIns that of provIdIng educatIon and
InstructIon.
RECOMMENDATION
It IS respectfully recommended that the accompanYIng
ordInance be Introduced for first reading.
PREPARED BY: Robert M. HyersJ CIty Attorney
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CA:RMM:rmo027a
City Council Meeting 1-28-86
Santa Monica, California
ORDINANCE NO.
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 12
OF ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO MASSAGE
REGULATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 12 of Article VI of the Santa Monica
Municipal Code IS amended In its entirety to read as follows:
CHAPTER 12. MASSAGE REGULATIONS.
SECTION
62000.
Definitions.
The follOWing words and phrases as
used In this Article shall have the
follOWing meanings:
(a) Chief of Police. The Chief
of Police of the CIty of Santa Monica.
rb) City
Manaaer.
The City
Manager of the City of Santa MonIca,
(c) Cltv
Coun,C;:ll.
The City
CouncIl of the City of Santa Monica.
1
.
.
(d)
Massaqe
Any method of
pressure on or friction against, or
stroking,
kneading, rubbIng, tapping,
poundIng,
or stImulatIng the external
parts of the body wIth the hands or
other parts of the body, wIth or
wIthout the aid of any mechanIcal or
electrIcal apparatus or applIances, or
with or WIthout supplementary aIds
such as rUbbIng alcohol, lInIments,
antIseptics,
OIls, powder,
creams,
lotIons, OIntments, or other Similar
preparations commonly used In this
practIce.
(e) Massaae
EstablIshment.
Any establIshment haVIng a fIxed place
of bUSiness or any IndIVIdual, fIrm,
aSSOCIatIon, partnershIp, corporatIon,
or combInatIon of IndIVIdualS, engaged
In
conductIng,
carrYIng
on,
or
permittIng to be engaged In, conducted
or carrIed on, massages, or health
treatments inVOlVIng massage as the
prIncipal functIon.
[ f )
Massaqe
TechnICIan.
Any
person who for compensatIon, engages
2
.
.
In the practIce of massage as hereIn
defined.
( 9 ) No t I ce .
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) Operator's
Permit.
The
permit
requIred
pursuant
to the
provIsions of thIs Chapter to operate
a massage establIshment or off-premise
massage business.
( I) Of f
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 this
Chapter.
( J ) Po 11 ce
Deoartment.
The
PolIce Department of the CIty of Santa
Monica.
SECTION
62001.
Ooerator's
Permit RequIred.
Except as provided
for In Section 62016} no person shall
operate a massage establishment or
off-premise massage business Within
3
the City wIthout fIrst obtaInIng an
operator's
provisions
securIng
license as
thIS Code.
permIt pursuant to the
of
the
this
Chapter
and
necessary
bUSIness
reqUIred by Article VI of
SECTION 62002. ~~~lIc~tlon for
Operator's and Off-Premise Doerator's
PermIt.
Any
person
desIrIng an
operator's permIt
establIshment or
for a massage
off-premIse massage
bUSIness
shall
hIe
a
wrItten
applIcatIon WIth the ChIef of PolIce
on a form reqUIred by the ChIef of
PolIce. The applIcant shall accompany
the applIcatIon with the approprIate
filing fee. The applicatIon shall
contaIn or be accompanIed
follOWIng InformatIon:
(a) The type of
by
the
the
bUSIness,
1 . e. ,
ownershIp of
whether by
IndIVIdual, partnershIp, corporatIon,
or otherWIse.
( b ) The
preCIse
name under
WhICh the
off-premIse
conducted.
massage establIshment or
massage bUSIness IS to be
4
".
.
(c) The complete address and
all telephone numbers of the massage
establ1shment or off-premIse massage
bus1ness.
(d)
A
complete lIst of the
names and res1dence addresses of all
proposed
massage
techn1clans
and
employees 1n the massage establIshment
or off-premise massage bUSiness and
the name and residence addresses of
the
manager
or manag1ng employee
proposed to be pr1nclpally In charge
of
the
operation of the massage
establ1shment or off-premise massage
bUSIness.
( e ) The
follOWIng
personal
1nformat1on concern1ng the applicant:
( I ) Name
and
complete
reSIdence address.
( 2 ) Two
previous
addresses
1mmedlately pr10r to the
present address of the appl1cant.
(3) Wr1tten proof of age.
(4) Height, weight, color
of hair and eyes, and sex.
(5) Two
front
faced
portra1t photographs at least 2 Inches
5
by 2
lnches In size taken by the
Police Department.
(6) The
massage
or
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
criminal
traffiC
conVictions excluding
misdemeanor or Infraction Violations.
( 8 )
A
complete
by the
set
of
fingerprints
Department.
For purposes of this Section,
applicant shall mean the owner and the
operator of the proposed massage
establishment, If a sole
proprietorship; each general partner]
If a partnership; each officer and
director, If a corporation; each
partiCipant If a JOint venture.
taken
Police
6
,
.
(fl Each operator shall pass a
wrltten
test
deallng
wlth
the
requlrements of thlS Code to ensure
substantlal
understandlng
of
the
operator's and manager's dutles.
(g) Such other lnformatlon and
ldentlflcatlon as deemed necessary by
the Chlef of PolIce.
(hl Authorlzatlon for the CIty,
lts agents and employees to seek
verlflcatlon
of
the
lnformatlon
contalned ln the appllcatlon.
(11 A statement ln wrltlng by
the appllcant that he or she certlfled
under penalty of perJury that all
lnformat1on
contaIned
ln
the
application is true and correct
SECTION 62003. Operator Perm1t
Issuance and DenIal.
Upon receipt of
a wr1tten application for a perm1t,
the Ch1ef of Police shall conduct an
1nvestlgation, in such manner as he or
she deems appropriate,
1n order to
ascertain whether such permlt should
be Issued as requested.
The ChIef of
Police shall approve, condltlonally
approve,
or
deny the appl1cat1on
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 vIolatIon of Health and Safety
Code SectIon 11550 or a VIolatIon of
Penal Code SectIons 2661,
315, 316,
318, or 647(b), or has been convIcted
In any other State of any offense
WhICh,
If commItted or attempted In
thIS State, would have been punIshed
as one or more of the above mentioned
offenses] or that any such person IS
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 been convIcted
of any felony offense Involving the
8
,
,
sale
of
a
controlled
substance
specIfied In Health and Safety Code
SectIons 11054, 11055,
11056, 11057,
or 11058 or has been convIcted In any
other State of any offense which, If
committed or attempted In thIS State,
would have been punIshable as one or
more of the above mentIoned offenses.
(c) 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 permit.
fd) 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
InvolVIng dishonesty, fraud] or deceIt
with
the
1ntent to SUbstantially
benefIt hImself, herself]
or another
or substantIally to InJure another, or
an act of VIolence, WhiCh act or acts
9
l
.
are
substantIally
related to the
qualifIcatlons,
functIons,
or dutIes
of
the
massage
establIshment or
off-premIse massage buslness.
( e J
The
operatlons
of
the
massage establIshment or off-premlse
massage bUSlness would,
If allowed)
constItute a publIC nUIsance.
efl The applIcant has knOWIngly
made
a
false,
misleading,
or
fraudulent statement of fact to the
City
in
the
permit
applicatIon
process.
(gl The applicatIon does not
contain the Information requIred by
SectIon 62002.
(hI The applicant has not
satIsfIed the reqUIrements of thIS
Code.
SECTION 62004.
CondItIons of
Permit Issuance.
The Chief of PolIce
shall conditIon the issuance of an
operator's permit to ensure complIance
WIth this Chapter and other applicable
laws.
Such condItions shall Include,
but not be limIted to, the follOWIng:
10
.
.
(a) The
front
door of the
massage establ1shment and the doors of
the cub1cles 1n which massages are
be1ng performed must rema1n unlocked
durlng all hours of operatlon. No
electron1c
locklng
deV1ce may be
util1zed on any entrance door.
(b) No massage techn1c1an or
employee
shall expose hls or her
gen1tals, buttocks, or, 1n the case of
a female, her breast(s) nor, 1n the
course of adm1n1stering a massage,
make
1ntentIonal contact w1th the
gen1tals or anus of another person.
(c) The massage establIshment
or off-prem1se massage business shall
not refuse serVIce on the bas1s of a
customer's sex, race, color, rel1gion,
ancestry, natIonal orlgln or other
arb1trary factor proscribed by the
Unruh C1V1l Rlghts Act, ClVIl Code
Sectlon 51 et seq.
(d) The massage establ1shment
shall be open to lnspect10n by the
Chief
of
Pollce
or hIS or her
authorIzed
representatIve
during
normal business hours.
11
.
.
(e) The massage establIshment
or off-premIse massage buslness shall
comply wIth all provlslons of thiS
Chapter.
SECTION 62005.
DenIal of Permit
and A~peal. 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.
Massage Technl-
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.
rd) Every
holder
of
an
operator's permIt under thIS Chapter
shall report to the ChIef of Pollce
any and all changes of employees,
whether by new or renewed employment,
dIscharge, or termInatIon, statIng the
name of the employee, and the date of
13
.
.
change.
The report shall be made
wIthIn fIve days of the change.
SECTION 62007.
Aoollcatlon for
Hassaqe Technician.
Any person desIrIng a massage
technician
permit
In
a
massage
establishment or off-premise massage
business, shall file with the Chief of
Police a written application on a form
reqUIred by the Chief of Police. The
applicant shall accompany the
applIcation with the appropriate
fIling fee. The applIcation shall
contain or be accompanied by the
follOWIng Information:
(a) If known, a statement of
the
exact
location at which the
applicant will be workIng as a massage
technICian or the central bUSIness
address for an off-premise massage
technICian,
Including the full street
address
and a 11
telephone numbers
assocIated WIth said location.
If the
applicant will be working In a massage
establIshment,
the application shall
Indicate the name and address of the
massage establishment.
14
c .
'-
fbl A statement In wrIting from
a lIcensed physIcIan In the State of
CalIfornIa that he or she has examIned
the applIcant wIthin the past thirty
day period preceding said application
and believes the applicant to be free
from all communicable diseases,
( c } The
following
personal
Information concernIng the applIcant:
(1) Name
and
complete
resJdence address.
r21 Two
preVIOUS
addresses immedIately prior to the
present address of the applicant.
(31 WrItten proof of age.
(41 HeIght, weight, color
of haIr and eyes, and sex.
(51 Two
front
faced
portraIt photographs at least 2 inches
by 2 Inches In size taken by the
PolIce Department.
( 6 ) The
massage
or
similar
bUSiness
history
and
experience of the applIcant, Including
but not limited to, whether or not
such person, In prevIously performing
massage
serVIces
or
operating a
15
r '
<,
massage
establIshment
or
slmilar
bUSIness 1n thIS or any other City or
State under lIcense or permit has had
such
lIcense
or
perm1t
den1ed,
revoked,
or suspended and the reasons
therefor.
( 7l All
cr1m1nal
convictIons excludIng
traffIC
misdemeanor or InfractIon vIolat1ons.
(8) A
complete set of
by the Police
fIngerprints
Department.
fdl Each applicant must furnIsh
taken
a
dIploma
or
cert1ficate
and
transcrIpt
of
graduat10n from
an
approved school whereIn the method,
profeSSIon,
anatomlcal
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
943llD and revIewed by the
SuperIntendent wIthIn the precedIng
16
.
r
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 one hundred hours.
The ChIef of
PolIce may consIder an applIcant's
study of massage completed outsIde the
State
of
CalifornIa If proof of
completion from a formalIzed course of
study In massage, practIce, anatomy,
and
phYSIOlogy
IS
provIded upon
applIcation.
Proof
of completIon
sha 11
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 course descrIption, an
outlIne
of
materIal
covered,
a
transcrIpt
and
a
letter to the
lIcensIng authorIty from the school
adminIstrator
verIfying completion.
Any outside course of study submItted
for approval shall meet the State of
CalIfornIa's OffIce of Post Secondary
EducatIon's mInImum requIrements.
17
.
,
(el The applicant must pass a
written and oral examination prior to
the Issuance of the massage techniCian
permit.
The examination shall meet
the following requirements:
( 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
folloWI ng
SUbJects:
Anatomy,
Physiology,
Hygiene,
SanItatIon,
Massage Theory and Practice, EthIcS of
Massage Practice, First Aid and CPR:
and this Code.
(21 The examInation may
be conducted by the Chief of PolIce,
or hIS or her deSignee.
Qualified
persons shall prepare, give and grade
the eXamInatIon.
A qualifIed person
shall have at least fIve years of
licenSing or practice In hiS or her
field
and
shall
Include licensed
health
care profeSSionals such as
Doctors,
ChIropractors,
PhYSical
18
Therapists, and individuals who have
pursued required courses In an
approved massage school and are
graduates thereof and hold a diploma
therefrom.
(3) The Chief of Police
shall
establish
standards
and
procedures
administration
governIng the
and grading of all
examInations and shall exercise such
supervisIon as may be necessary to
ensure compliance therewith.
(4) An applicant who
falls to pass the examination 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 eligible again until one
year thereafter. ~n additional
processing fee may be
flIed With the Chief
to each examination.
(fl Such other Information and
required to be
of Police prior
Identification as deemed necessary by
the Chief of Police.
19
<
,
(g) AuthorIzatIon for the City,
Its agents and employees to seek
verIfIcatIon
of
the
InformatIon
contaIned in the applIcatIon.
fh) A statement in wrItIng by
the applIcant that he or she certIfIed
under penalty of perjury that all
InformatIon
contaIned
In
the
applIcatIon IS true and correct.
SECTION 62008.
Massage TechnI-
Clan PermIt Issuance and DenIal.
Upon
receIpt of a wrItten applIcatIon for a
permIt, the ChIef of PolIce shall
conduct
an InvestIgation,
In such
manner as he or she deems approprIate,
In order to ascertaIn whether such
permit should be Issued as requested.
The ChIef of PolIce shall approve:
condItIonally approve, or deny the
applIcatIon WIthIn 30 days of the
fIlIng of an applIcatIon.
The Chief
of PolIce shall Issue such permIt as
requested unless the ChIef of PolIce
makes any of the follOWIng fIndIngs:
(a) The
applIcant
has been
conVIcted of a VIolatIon of Health and
Safety
Code
SectIon
11550 or a
20
"
vIolatIon of Penal Code SectIons 2661)
315) 316, 318, or 647[b), or has been
convIcted In any other State of any
offense WhICh, If commItted or
attempted In thIS State) would have
been punished as one or more of the
above mentIoned offenses, or that the
applIcant IS requIred to regIster
under the proviSIons of Penal Code
SectIon 290,
( b ) The
convIcted of
Involving the
applIcant has been
any felony offense
sale of a controlled
substance specIfied In Health and
Safety Code SectIons 11054) 11055,
11056, 11057: or 11058 or has been
convicted
offense
10 any other
WhICh, If
State of any
commItted or
attempted 1n 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
Cd) The applicant has committed
an act Involving dIshonesty, fraud, or
deceIt wIth the Intent to
substantIally benefIt hImself,
herself, or another or sUbstantIally
to InJure another, or an act of
vIolence,
which
act or acts are
substantially
related
to
the
qualifications, functIons, or dutIes
of a massage technicIan.
fel The applicant has knOWIngly
made a false, misleading, or
fraudulent statement of fact to the
City
In
the
permit
application
process.
( f ) The
contain the
Section 62007.
( g ) The
application does not
Information reqUired by
applicant
has
not
satisfIed the requirements of thiS
Code.
SECTION 62009.
Conditions of
Massage
Technician's PermIts.
The
Chief of PolIce shall condItIon the
issuance of a permit for a massage
technIcian's permit to ensure
compliance with thiS Chapter and other
22
"
appl1cable laws. Such condlt10ns
shall Include, but not be lImIted to,
the follow1ng:
(a) That changes of the
business address of the permIt holder
must be reported to the Chief of
Police wlth1n three work1ng days after
the change occurs.
( b) Tha t
the holder of the
permit
must
have 1n hIS or her
possession a photo ldentlflcation card
prepared by the Pol1ce Department when
working pursuant to the perm1t. The
photo IdentIfIcatIon card shall be
promptly presented to any peace
offIcer upon request. If a permit
holder changes hiS or her bUSIness
address as descrIbed In subsection (a)
above, he or she shall be requ1red,
WIthIn f1ve days after such change
occurs, to obta1n from the PolIce
Department a new photo IdentifIcatIon
card.
(c) That If the applIcant 1S
authorIzed to conduct off-premise
massage) that off-premIse massage
shall not be conducted 1n a hotel,
23
r '
motel,
except
or commercIal establishment
an offIce occupIed by the
customer.
(dl That when workIng pursuant
to the permIt, the permIt holder may
not expose hIS or her genItals or
buttocks, or, In the case of a female,
her breast(sl, or make IntentIonal
contact or occasIonal and repetitIve
contact wIth the genItals or anus of
another person.
(e)
No
massage
technICIan
employed by an Adult EntertaInment
Use, as defIned In Chapter 7 of
ArtIcle IX of this Code, may hold an
off-premise massage permit at the same
tIme.
(fl No massage technICIan
employed by a massage establishment
may engage in any off-premise massage
bUSiness.
24
SECTION 62010. Unlawful Ooera-
tlQni;i.
(a) No person shall gIve, or
aSsIst
In the gIvIng, of any massage
person unde~ the age of 18
unless the pa~ent or guardIan
mIno~ person has consented
to any
years)
of such
thereto 1n wr1tIng.
(b) Each Operator shall e~ect
and malnta1n, after obtaining the
necessary permIts, a recognIzable and
~eadable 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 illumlnate the front of the
business.
Each operator shall have
posted, 1n a conspICUOUS locatIon upon
the premises where the massage
operation
operator's
IS to be conducted, the
permIt as Issued by the
ChIef of Police.
(cl Each operator shall prOVIde
1n each room where massages are given,
suff1clent llghtIng and ventllat10n as
reqUIred by the UnIform BuildIng Code.
25
~
Cd) 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 provIsions of the laws of the
State of California and ordinances of
the City of Santa MonIca 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 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
26
'.
for patrons, a mInImum of one separate
wash basin shall be provIded In each
massage establIshment, WhICh basIn
shall provIde soap or detergent and
hot running water at all tImes and
shall
be
located
wIthin
or as
practIcal to the area devoted to the
performIng of massage serVIces. In
addItIon, there shall be provIded at
each wash baSIn, sanitary towels
placed in permanently Installed
dIspensers. If the wash basin for
patrons IS not In the 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 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.
(g) No person lIcensed to do
bUSIness
as hereIn provided shall
operate under any name or conduct
27
~
bUSIness under any desIgnatIon not
specIfled in hIS or her permIt.
(hl 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 th@
Influence of any alcoholIc beverage or
drug The owner] operator] and
manager shall be responsible for
ensurIng that no such person shall
enter or remaIn upon the lIcensed
premIses.
(1) No bUIldIng or part thereof
used as a massag@ establIshment shall
be eqUIpped wIth any electronIC]
mechanIcal, or artIfIcIal deVIce used,
or capable of being used for recordIng
or videotapIng, for monItoring the
actIvItIes,
conversatIon, or other
sounds In the treatment room or room
used by the bUSIness customers.
(Jl No massage establIshment
Issued a permIt under thIS Chapter
shall send massage technICIans off the
premIses for the purposes of
admInIsterIng a massage, nor shall the
28
.
.
massage
thereof
establIshment or any part
be used by any employeeJ
operator} manager, or owner to receIve
or accept such requests for
off-premlse massages, except when such
off-premise massage IS permitted by
thls Chapter.
(kl Every person to whom or for
whom a massage technICian permIt shall
have been granted pursuant to the
prOVISIons
of
thIS Chapter shall
dlsplay said permit In a conspICUous
place withln the massage establishment
so that the same may be readlly seen
by persons enterIng the premlses.
(1) No person holdIng a massage
technIcIan permlt issued under thIS
Chapter, or employed by or workIng 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(sl, or
make intentional contact or occasional
and
repetItIve
contact
WIth the
genltals or anus of another person.
29
'.
(m) All persons, massage
technICIans, and attendants shall wear
clean outer garments. These garments
must b@ of a fully opaque materIal and
provide complete covering of the
genitals, genItal area, buttocks and
female breasts of such employees,
massage techniCIans, and attendants.
(n)
Each
establishment shall
prOVIde
to
all
patrons,
clean,
sanItary and opaque coverings capable
of covering the patrons' speCIfIed
anatomIcal areas, IncludIng the
genItal area and buttocks and female
breasts. No common use of such
coverIngs shall be permItted and
re-use IS prohIbited unless adequately
cleaned.
(0) No massage technician,
whIle performIng any task or serVIce
assOCIated WIth the massage bUSIness,
shall be present In any room WIth
another person unless the person's
speCIfIed anatomIcal areas are fully
covered.
(p)
Standard or
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.
Cq) Every person operating a
massage establIshment and each person
dOIng business as a massage techniCIan
shall keep a record of the dates and
hour of each treatment or service,
name,
address and bIrthdate of the
patron
to
be
verIfIed by legal
name of technIcian
IdentIfIcatlon,
admInistering such
descriptIon of the
service and
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 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
shall
and other applIcable laws and
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.
fr) The holder of the permIt
must have In hIS or her posseSSIon a
photo
the
IdentifIcation card prepared by
PolIce Department when workIng
pursuant to
IdentIficatIon
presented to
request.
(s) No person shall operate as
an Off-premIse massage technICIan or
the permIt The photo
card shall be promptly
any peace offIcer upon
admInIster a massage as hereIn defIned
between the hours of 10:30 p.m. and
7:00 a.m.
(t) No person whIle conductIng
bUSIness as an off-premIse massage
technICIan, shall be in posseSSIon of,
32