SR-8-B (25)
.
I
8-8
NOV 2 6 1985
;2p '5 - t> 1-:1
CA:RMM:SSS:rms044
City CouncIl MeetIng 11-26-85
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
relatIng
to the regulatIon of massage
Code
establishments and massage techniCIans.
BACKGROUND
Chapter 12 of Article VI of the Santa MonIca MuniCIpal
Code, Sections 62000-62013, regulates massage establishments
operators and massage technICIans. The Chapter 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
of
the profeSSIonal
through
refInement
reqUIrements for obtaInIng licenses and the health and safety
condItIons for the operation of massage establIshments. The
second IS to expand the opportunIty for IndIVIduals to engage
1
8-~
NC'I i fi i9J5
.
.
In legItImate massage busIness In Santa MonIca by permittIng
"outcall~ or off-premises massages by professIonally qualIfied
persons not employed by massage establIshments.
A draft ordInance was cIrculated to various persons
Interested In the massage buslness, IncludIng eXIstIng
operators and lIcensees and prIncIpals In varIOUS schools of
massage. We have consIdered comments receIved and
Incorporated some of the suggestions Into the proposed
ordInance. In addltIon, notIce was maIled to Interested
persons on November 14, 1985, provIding notIce of Intended
CIty CouncIl consIderatIon on November 26, 1985.
LEGAL ANALYSIS
Regulation of bUSInesses that Involve freedom of
expreSSIon, such as "adult" bookstores and theaters, IS
SUbJected to strIct scrutIny. See PlaytIme Theatres v. CIty
of Renton) 748 F.2d 527 (9th Clr. 1984), P~9b. ]ur. noted, 85
L.Ed. 2d 297 (1985) (regulatIon of adult mOVIe theaters not
supported by preCIse fIndings); Adultworld Bookstores v. CIty
of Fresno, 758 F.2d 1348 (9th CIr. 1985) (bookstoresl; Purple
OnIon v. Jackson, 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 "rational basis" test. See Genusa v. CIty of
PeorIa, 475 F. Supp. 1199 (N.D. Ill. 19801) vacated Qn other
2
.,.
T
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 IS no
constitutIonal defect. [The] CIty
seeks to avert the danger of brothels
masqueradIng as massage
establIshments. ObVIously legIslators
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
in whole or part to an
unlawful business.
prostitutIon IS a
DIscouragIng
valid state
Interest.
CIty of SIgnal
3d 123, 128, 201
Owens v.
HIll,
154 Cal. App.
3
...
Cal. Rptr.
omI t ted) .
Accord Brix v. CIty of San Rafael, 92 Cal. App. 3d 47, 154
Cal. Rpt~. 647 (1979); Kim v. Dolch, Cal. App. 3d (4th
Dlst. Ct. App. No. E001411, decIded Oct. 23, 1985) [massage
parlor Industry IS "pervasIvely regulated" because of
government Interest In "controllIng prostItutIon, mInImizing
70, 73
(1984) (citatIons
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 SuperVIsors of San FranCISCO, No.
S.F. 24873 (Oct. 31, 1985) (regulation of escort services not
preempted by state law).
The link between massage establIshments and prostitutIon
15 well-establIshed and recognized by the courts. See
Tomlinson v. City of Savannah, 543 F.2d 570 (5th Clr. 1976):
DunloD..... UnIted States, 165 U.S. 486 (1897), It IS clear
that the legItImate business of massage can eaSIly be dIverted
to prostitutIon, necessitatIng careful lIcense review and
effectIve Inspection procedures. See Owens v CIty of Siqnal
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
4
...
IntensIfIcation of eXisting massage uses located 1n zones
where new establ1shments 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, partIcularly
durIng nIght hours. The use of massage establIshments as
covers for prostItutIon actIvitIes not only encourages
VIolatIon of the law, but also results In the exploitatIon of
the women employees, who are often of uncertain ImmIgratIon
status and are susceptible to h1gh rIsks of violence and
communIcable dIseases.
The Interest of the City in minImIzing the diversion of
legItImate massage bUSInesses to prostitution actIVitIes
justifIes restrictIon of hours of operation, reqUIrements
allOWIng easy polIce entry and Inspection, requiring a polIce
permit that may be denIed or revoked for convIction for
prostItutIon or other crime assocIated WIth IlliCIt "massage"
activities, zoning restrIctIons on new establIshments and
IntensIfIcatIon of eXIsting non-confirmIng uses, and
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
5
..
exacerbated by sexual contact or a rapid turnover of patrons).
Thus, the massage buslness must be regulated to assure
sanitary faC1lltles and qualIfied personnel.
It is recognized that massage, properly practIced, has
salutary qualities 1n 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
massage others for compensatIon are competent and aware of
health factors and legal reqUIrements. Sim1larly~ the city
requires baSIC sanitary conditions and regular inspection of
massage establishments to assure adequate sanitat1on.
Under the existing ordinance, off-premises massages are
prohibited. The proposed ordinance permits the licens1ng of
persons who would be allowed to give massages 1n people's
homes, although not in hotels or other commercial
establishments. As stated above, thIS proviSIon 1S intended
to expand the opportun1ties for persons competent to give
legit1mate therapeutic massages.
The provls1ons for the granting, suspenslon, and
revocation of llcenses and perm1ts are deflnlte and speciflc;
an adequate opportunity for an adminlstrative hearing is
afforded. The condItions for a lIcense, IncludIng the
competency testlng and the requirement that an applicant have
no conViction for certain offenses, are reasonably related to
the purposes of the regulatlon of the massage bUSiness. Se~
Brown
v.
Brannon,
399 F.
Supp.
133
(M.D.N.C.
1975)
(fIngerprInts,
photographs, and medical examInations for
6
"
massagIsts); Saxe v. BreIer, 390 F. Supp. 635 (W.D. WISC.
1974) (two years continuous experlencel. 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 ordinance regulates "off-premIses"
or <<outcall" operators.
SectIon
62001.
Operator's PermIt Reaulred.
ThIS
Section reqUIres a permit for the operation of a massage
establishment or off premIse massage bUSiness.
SectIon 62002.
Ooerator's Permit.
Operator's permIts
Chief of Police.
Section 62003.
ApplIcation for O~~rator's Off-Premises
ThIS Section reqUIres applicants for
to furnIsh speCified information to the
Ooerator PermIt Issuance and Denial.
This SectIon requIres the ChIef of Police to investigate and
approve, conditIonally approve, or deny applIcations for
operators' permits WIthin 45 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 bUSIness of narcotics or sexual
offenses, fraud, Violence related to the massage bUSIness, or
7
...
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 permIts:
( 1) Exter lor
unlocked.
(2) Massage technIcIans may not expose theIr genitals,
buttocks, or breasts whIle gIving a massage, or make
intentional contact with the private parts of another person.
(3) A massage may not be refused for discrImInatory
and
massage
cubIcle doors must be
reasons.
r 4 ) The
establIshment
must
be
open for polIce
inspectIon during bUSIness hours.
(5) The establishment must comply wIth the ordinance.
(6) The establIshment must not be operated as a publIc
nuisance.
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 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.
8
..
Section 62007. Applications for Massage Technician.
ThIS Section states the requirements for Massage Technician
Permits. An applicant must provide the following:
(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.
(cl Personal
InformatIon,
Including
criminal
conVIctIons and business history.
(d) A dIploma from a state-approved massage school and
passage of an examination are required.
Section 62008. Massage TechniCian Permit Issuance and
Denial. This Section concerns procedures for action on
techniCian permIts.
Section 62009.
Conditions of Permits.
This Section
reqUIres
the Chief of Police to Impose at least fIve
condItions on technIcian's permits:
(ll Changes In address must be reported to the Chief of
PolIce within three working days.
(2) TechniCians must wear IdentIfication when working.
(3) Off-premIses massages may not be conducted In
hotels.
(4) Massage technIcians may not expose their genitals,
buttocks, or breasts while gIVing a massage, or make
Intentional contact wIth the private parts of another person.
9
(5) Massage
establlshments may
business.
Section 62010. Unlawful Operatlons. Th1s Section
enumerates 24 requirements for the conduct of massage
bus1nesses. Some of these requ1rements are mandatory; others
are prohib1tory. Requ1rements include:
(1) Massages may not be g1ven to mlnors wlthout the
wr1tten consent of the parent or guardian.
(2) SpecIfled signs must be posted and permlts must be
displayed on the premlses. Photo ID cards must be worn.
(3) Operators must comply with llghtlng, vent1lat1on,
steril1zatIon, and wash facllity (basins, toilets, showers)
requirements. Massage tables w1th washable plastlc coverIng
must be used. Towels must be laundered before re-use.
not engage
employed by massage
1n off-premIses massage
techn1c1ans
(4) Bus1ness may not be conducted between 10:30 p.m.
and 7:00 a.m.
( 5 )
Intoxicated
persons may not be 1n a massage
establ1shment.
(6) VIdeotapes or sound recording equlpment may not be
used
(7) Massage establishments
off-prem1ses massage buslness.
(8) The "speclf1ed anatomlcal areas" of employees and
may
not
engage
1n
patrons must be covered.
Technlcians may not lntent10nally
contact the prIvate parts of patrons.
10
(9) A record must be kept of each treatment or service.
Patrons must fill out a short medical history form, IndIcatIng
communicable dIseases, areas of paIn, high blood pressure, or
other physical conditions which may be adversely affected by
massage. ThIS InformatIon may be Inspected by health and law
enforcement offlcals, but otherWise IS confidential.
(10) Persons administerIng off-premises massages are
subject to Similar regulations concerning hoursJ massage of
IntoxIcated personsJ and wearing of photo IDs.
Section 62011. Manaqers. A manager must be present on
the premises at all times.
SectIon
62012.
Chang~s
of Business. Changes In
reported immediately to the
ownerShIp or management must be
Chief of Police.
SectIon 62013. Insoectlons. ThiS Section requires the
City BUIlding and Safety Department and the County Department
of Health (the City's Health Officer) to Inspect proposed
massage establishments and certify compliance WIth faCIlItIes
requirements of SectIon 62010.
SectIon 62014. Transfer and ~~ratIon of Permits. ThIS
Section prOVides that permits expIre at the end of a fiscal
yearJ may be renewed by update of informationJ 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. ExemptIons and Application to EXIstlnq
Permitholders ThiS SectIon states that the ordinance does
11
not apply to state lIcensed healing arts professIonals or to
certified rolfers. 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 62016. Fees. ThlS Section authorizes the City
CounCil to establish proceSSIng and admlnlstratlon fees by
resolution.
Section
62017.
Variance Procedure.
ThiS Section
permits the Chief of Police to grant a varIance from the wash
faCilities reqUIrements of Section 62010(f) upon a shOWing of
hardship and compliance With basic health and safety laws.
The deCIsion of the Chief of Police as to a variance shall be
final.
ANALYSIS OF COMMENTS
ThIS part of the Staff Report analyzes the various
comments that were made concerning the draft proposed
ordinance. Host of these comments were made by Robert Davis,
attorney for several of the eXisting massage parlor operators
(hereinafter "Operators").
The Operators recognized
proposed ordinance were
non-obJectionable. However, the
that many prOVISIons of the
legally permissible and
Operators expressed several
12
'-
legal and practIcal concerns. The CIty Attorney's offIce
agrees wIth the general concern of Operators that the
proviSIons of the ordinance be non-dIscrIminatory, reasonably
related to the publIC health and safety purposes of the
ordinance, capable of complIance, and respectful of the
privacy and personal securIty of personnel and customers. The
prInCIpal comments by the Operators are dIscussed below.
Comments are organIzed by SUbJect matter.
~urnlshinq Llst of Employees. The Operators obJected to
the requIrement in Section 62002(d) that a list of proposed
employees be furnIshed WIth an applIcatIon for an operator's
permIt. We believe that the requirement IS reasonable and not
unduly burdensome.
penIal of PermIt for Criminal CQPVtctlon. We dlsagree
WIth the contentIon that an operator's or technlClan's permtt
shall be dented only upon a flndlng that an operator or
employee has been conVIcted of a crIme lnvolvlng dIshonesty,
fraud, decett, or acts of vlolence, and not upon an
lndependent findIng of the Chief of PolIce that such an act
had been committed. See Sectlons 62003(c) and 62007(c). To
the extent that the ChIef of Pollce can establlsh a vlolatlon,
he or she should not be foreclosed from takIng actlon slmply
because no prosecutIon occurred.
Test Concernina Re9ulatlon~. We agree wlth the
Operators that a test reqUIrIng Operators to demonstrate a
"complete understandIng" of the massage regulatIons was
burdensome. However, we belIeve that a test IS approprIate
13
and have changed "complete understanding"
to "substantlal
understandlng" In Section 62002(f).
DIscretlonary DenIal. We dlsagree wlth the Operators'
contention that the sectlon permlttlng the Chief of Pollce to
deny a permIt because of a discretIonary determInatIon that
the business is a nuisance lS overbroad. It should be noted
that any buslness, including a massage parlor, that IS
operated as a publIC nuisance, may be JUdIcIally prohlblted
from maIntaining the nuisance under existing City and State
law.
Exterior DQors. The Operators obJected to a requIrement
that the front doors to parlors remaln unlocked (Sectlon
62004(a)). They suggested a requIrement that exterIor doors
shall be unlocked from the lnside durIng bUSlness hours. A
requIrement that exterIor doors be unlocked from the outSIde
would allow polIce ready access; however, It IS argued that it
would also allow ready access to persons bent on VIolence and
ObVIously intoxlcated persons. We belIeve that law
enforcement would be lmpaired by the Operators' suggestIon.
ProhIbition on Touchlng PrIvate Parts. We do not agree
that the prohlbltion agaInst techniClans expOSIng their
prIvate parts or intentIonally touchIng the private parts of
customers IS preempted by state law.
and 62009(d).
See SectIons 62004(b)
In~pections. We
massage establIshments
do not agree that the requirement that
remain open to InspectIon by police
durIng normal bUSIness hours IS unreasonable.
See SectIon
14
62004(d) .
The recent case of Klm v. Dolch upheld warrantless
searches of massage parlors In llght of the publlC Interest
justifying pervaslve regulatlon of the massage buslness.
ResponsIbility to Ensure that Employees Have Permlts.
We do not agree that It IS unreasonable to require operators
to ensure that their employees have valld technIcians' permIts
and to report changes of employees to the Chlef of PolIce
wIthIn flve (5) days. We have modlfIed the reqUIrement that
pollce permits and photo I.D. cards be returned to the Pollce
Department to allow a statement why the permlt and I.D.
cannot be returned. See Section 62006(d).
Changes
in LocatIon.
We have Sllghtly modIfIed the
reqUIrement
In
Section
62009(a)
that the locatIon of
employment be specified In the TechnIcIan's Permit applIcatIon
to permIt an Operator or TechnICIan to report changes in
locatIon WIthin three workIng days of such change.
QualIfIcation bv DIoloma or Comoetencv Test.
- -
A massage
technicIan is required to have graduated from an approved
massage school and to have passed a competency test. See
SectIons
62007(dl
and 62007(el.
We belIeve that both
requirements are approprIate.
(Out of falrness to currently
lIcensed
technIcians,
they have been exempted from the
educatIon requirement,)
We do not agree that the standards
for the written test are inadequate. Whlle the ChIef of
PolIce may contract WIth the County of Los Angeles for the
admInIstratIon of tests (as does the City of Los Angeles), we
believe
that the crlterIa for testIng 15 approprIately
15
speclfled In the ordinance and that the factors to be
considered and the qualifications of the persons administering
the test are reasonable.
Interim Permits. We disagree with the Operator's
suggestion that an Interim permit procedure be used to aVOid
hardships caused by pOSSible delays In the permlt process.
The Chief of Police IS required to act on applications Within
45 daysJ and the issuance of Interim permits would create
undue administrative burdens and permit temporary employment
of persons who may not meet licensing requirements.
~~gueness of Permit Criteria. We do not believe that
the criteria for denial of techniCians permits were overly
vague and gave too much discretion to the Chief of Police.
Closing Hours. The proposed ordlnance initially lowered
the closing hour for massage parlors from mldnlght to 10:00
p.m. The Operators obJect that there IS no eVldence that
massage parlors have a higher InCidence of law enforcement
problems than other uses (bars, liquor storesJ restaurants)
that are allowed to stay open later. The later closing hours
proposed by operators are inconSistent With the purposes of
the ordinance. However, the closing time has been changed to
10:30 p.m. Such a closing time has been speCifically upheld
In Brix v. City of San Rafa~l, 92 Cal. App. 3d 47, 154 Cal.
Rptr. 647 (1979).
Display of Permits. We disagree with the privacy
concerns about the conspIcuous display of massage techniCian
permits. Section 62010(1) remains unchanged.
16
MedIcal Forms. Upon obJection by the Operators, we have
changed the provIsIon requIrIng the Operator to take the
medIcal
hIstory
of
customers (Sectoln 62010(r)) to a
requirement that the patron fill out a medIcal hIstory form to
be revIewed by the operator, manager, or technICIan prIor to
rendering massage serVIce.
RECOMMENDATION
The proposed amendments to the Massage Licensing Law
should permIt more effectIve protection of the public health
and safety whIle safeguardIng the procedural rIghts of
operators and technICIans.
It is respectfully recommended
that the accompanying ordInance be Introduced for first
reading.
PREPARED BY: Robert M. Myers, City Attorney
Stephen Shane Stark, Assistant CIty Attorney
17
CA:RMM:rmo027
City Council Meeting 11-26-85
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
MUnlClpal Code IS amended In ItS entirety to read as follows:
CHAPTER 12. MASSAGE REGULATIONS.
SECTION
62000.
Deflnltions.
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.
(b) City
Manager.
The City
Manager of the City of Santa Monica.
(c) Clty
Councll.
The City
CounCil of the City of Santa Monica.
1
(d) Massage. Any method of
treating the superfic1al soft parts of
the human body, for remed1al, hyg1enic
or other purposes, consisting of
rubb1ng, stroklng, knead1ng or any
similar treatment, accompl1shed by
hand or the use of any 1nstrument.
(el Massaae
Establlshment.
Any establ1shment having a f1xed place
of bus1ness or any 1nd1v1dual, firm,
association, partnership, corporation,
or combinat1on of 1ndivIduals, engaged
in conductlng, carrYlng on, or
perm1tt1ng to be engaged in, conducted
or carried on, massages, or health
treatments involving massage as the
principal function.
(fl Massage Technician. Any
person who for compensation, engages
in the practice of massage as herein
defined.
(9) Notice. Any notice given
by United States Mall, postage prepaid
and properly addressed. Notice shall
be presumed given when deposited 1n
the Un1ted States mail.
2
(h) Operator'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 Massaqe
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) POlIC~ Departmen~. The
PolIce Department of the CIty of Santa
MonIca.
SECTION
62001.
ODerator's
PermIt Required. No person shall
operate a massage establIshment or
off-premIse massage bUSIness within
the City WIthout first obtainIng an
operator's permit pursuant to the
prOVISIons of thIS Chapter and
securIng the necessary bUSIness
lIcense as reqUIred by ArtIcle VI of
thIS Code.
3
SECTION 62002. Application for
Operator's and Off-Premise Operator's
PermIt. Any person desIring an
operator's permit for massage
establIshment or off-premise massage
business shall fIle 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 by the
following information:
(a) The type of
the
business,
I . e. ,
ownershIp of
whether by
IndiVIdual} partnership, corporation,
or otherwise.
(b)
whIch the
off-premise
conducted.
(c) The complete address and
all telephone numbers of the massage
establishment or off-premIse massage
The precIse name under
massage establishment or
massage busIness IS to be
bUSIness.
rd) A complete list of the
names and reSIdence addresses of all
4
proposed massage technlcians and
employees In the massage establishment
or off-premlse massage business and
the name and resldence addresses of
the manager or managing employee
proposed to be prlncipally in charge
of the operation of the massage
establishment or off-premlse massage
business.
(e) The follOWing personal
informatlon concernIng the applicant:
(1) Name and complete
resldence address.
( 2 ) Two
preVIOUS
addresses immediately prIor to the
present address of the appllcant.
(3) Written proof of age
(4) Height, weIght, color
of halr and eyes, and sex.
(5) Two
front
faced
portrait photographs at least 2 inches
by 2 Inches In size taken by the
Pollce Department.
( 6 ) The
massage
or
slmilar buslness hIstory and
experience of the applicant, IncludIng
but not lImIted to, whether or not
5
such person, In prevIously operating a
massage establlshment or Slmllar
buslness In thIS or other City or
State under llcense or permlt has had
such license or permIt denIed,
revoked, or suspended and the reasons
therefor.
r 7) All
crlmlnal
traffic
conVIctIons excludlng
misdemeanor or Infraction vIolations.
( 8 )
A
complete
by the
set
of
flngerprlnts
Department
For purposes of thIS SectIon,
appllcant shall mean the owner and the
operator of the proposed massage
establIshment, If a sole
proprietorshIpj each general partner,
if a partnership; each officer and
director, If a corporation; each
partlclpant If a JOlnt venture.
(f) Each operator shall pass a
taken
Pollce
written
test
dealing
this Code
wlth the
reqUIrements of
to insure
substantlal
understandlng
of
the
operator's and manager's dutIes.
6
(g) Such other Information and
IdentIfIcation as deemed necessary by
the Chief of Police.
(h) AuthorizatIon for the City,
its agents and employees to seek
verifIcatIon of the informatIon
contaIned in the applIcatIon.
(1) A statement In wrIting by
the app11cant that he or she certIfied
under penalty of perJury that all
Information
contaIned
In
the
application IS true and correct.
SECTION 62003.
Ooerator PermIt
Issuance and Denial. Upon receIpt of
a wrItten appllcat10n for a permIt,
the Chief of PolIce shall conduct an
InvestigatIon, 1n such manner as he or
she deems appropriate, 1n order to
ascertain whether such permit should
be issued as requested. The Chief of
Police shall approve, condItionally
approve, or deny the appl1cation
withIn 45 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:
7
(a) Any person, IncludIng, but
not lImited to, employees who wIll be
directly engaged or employed In the
massage establIshment or off-prem1se
massage business has been convicted of
a violatIon of Health and Safety Code
Sect10n 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 pun1shed as one or
more of the above ment10ned offenses,
or that any such person IS requIred to
register under the prOVIsions of Penal
Code Sect10n 290.
(b) Any person} 1ncluding} but
not 11m1ted to, employees who will be
directly engaged or employed 1n the
massage establishment or off-premises
massage bUSIness who has been
convicted of any felony offense
1nvolv1ng the sale of a controlled
substance spec1f1ed 1n Health and
Safety Code Sections 11054, 11055,
11056, 11057, or 11058 or has been
conv1cted 1n any other State of any
8
offense whIch, If commItted or
attempted In thIS State, would have
been punIshable as one or more of the
above mentIoned offenses.
(cl Any person Including, but
not lImIted to, employees who WIll be
dIrectly engaged or employed In the
massage establIshment or off-premIse
massage business, who 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.
Cd) Any person Including, but
not limited to, employees who WIll be
directly engaged or employed In the
massage establIshment or off-premIse
massage busIness, who 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
qualIfIcations,
related
functIons,
to the
or dutIes
9
of
the
massage
establlshment or
off-premise massage buslness.
(el The operatlons of the
massage establishment or off-premlse
massage buslness would, if allowed,
const1tute a public nUlsance.
(fl The appl1cant has knowlngly
made a false, misleading, or
fraudulent statement of fact to the
Clty
1n
the
permlt
application
process.
(g) The appllcation does not
contaln the Informatlon requ1red by
Section 62002.
(h) The appllcant has not
satlsfIed the requlrements of this
Code.
SECTION 62004.
Condltlons of
Perm1t Issuance.
The Chlef of Police
shall condltlon the lssuance of an
operator's permIt to ensure compllance
with thIs chapter and other applIcable
laws. Such condltlons shall 1nclude,
but not be lImIted to, the followlng:
fa) The front door of the
massage establIshment and the doors of
the cubIcles 1n whIch massages are
10
beIng
durIng
performed must
all hours of
remaIn unlocked
operatIon. No
electronlC
lockIng
device may be
utIlized on any entrance door.
(b) No massage technician or
employee shall expose his or her
genitals, buttocks, or, In the case of
a female, her breast(s) nor, in the
course of adminIstering a massage,
make Intentional contact with the
genItals or anus of another person.
(c) The massage establishment
shall not refuse service on the baSlS
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 ~.
(d) The massage establishment
shall be open to inspection by the
Chief of Police or his or her
authorized representative
normal bUSiness hours.
(e) The massage establishment
durIng
shall comply with all proviSions of
this Chapter.
11
SECTION 62005. Denial of Permlt
and Appeal. When the Chief of pollce
makes any flndlng under SectIon 62003,
the Chief of Pollce shall deny the
applIcatIon. Any decIsIon of the
Chief of Pollce with respect to the
denIal of an applicatlon or
condltlonal approval of any permlt
shall be subJect to an appeal by the
grIeved applicant, provlded that the
appeal is taken wIthIn the tlme and In
the manner set forth In Sectlon 6126
of th1s Code.
SECTION 62006.
Massaae Technl-
Clan PermIt.
(a) No person havIng an
operator's permlt shall employ as a
massage
technlc1an
In
a massage
estab11shment or Off-premIse massage
business any person who has not
obtained and has 1n effect a massage
technIcIan perm1t Issued pursuant to
SectIon 62008 of thIS Chapter.
(b) No person shall perform
massage in a massage establIshment,
off-premIse massage busIness, or for
compensatIon unless such person has In
12
effect a massage
lssued pursuant
this Chapter.
(c) The
technlcian permIt
to Sectlon 62008 of
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.
(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,
dlscharge, or termInatIon, statlng the
name of the employee, and the date of
change. The report shall be made
wlthln flve days of the change. The
operator shall be responslble for the
return of the polIce permit and photo
ID card of all massage technIcians who
are dIscharged or who otherwIse
termInate theIr employment. The
operator shall return such polIce
permIt and photo ID card to the ChIef
of Pollce, or furnIsh a written
statement shOWIng good cause why such
13
return cannot be made, within five
days of the discharge or termination
of employment.
SECTION 62007.
Application for
Massage 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) 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 Will
be workIng in a massage establishment,
the applIcation shall Indicate the
14
name
and
address of the massage
establIshment.
(bl 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, complete
reSidence address and residence.
(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
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
15
such person, 1n prevIously performIng
massage
massage
serVlces
or
operatlng a
establlshment
or
similar
buslness in thls or other Clty or
State under llcense or permlt has had
such llcense or permlt denied,
revoked} or suspended and the reasons
therefor.
(7) All
crlmlnal
trafflc
convlctlons excluding
mlsdemeanor or lnfraction violatlons.
( 8 )
A
complete
by the
set
of
fIngerprlnts
Department.
(d) Each appllcant must furnlsh
dlploma or certlficate and
taken
Pollce
a
transcrlpt of graduatlon from an
approved school whereln the method}
professlon, anatomlcal and
phYSlologlcal knowledge and practlce
of massage technicIan IS taught. The
term ~Approved School" means and
includes any school or instltutlon of
learnlng llcensed by the State of
Californla and approved by the State
Superintendent of Publlc Instructlon
pursuant to Educatlon Code Section
16
~
9431lD
and
revIewed
by
the
superIntendent withIn the precedIng
twelve month period WhICh has for Its
purpose teachIng of the theory, the
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 in massage, practice, anatomy,
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 a phone number. The
applIcant must also supply a course
description, an outllne of materIal
covered, transcript and a letter to
the lIcensing authority from the
school administrator verIfYIng
completion. Any outslde course of
study submItted for approval shall
meet the State of CalIfornia's Office
17
of Post Secondary EducatIon's mInImum
requIrements.
(el
The applIcant must
examlnatlon prior
pass a
to the
wrItten
Issuance of the massage techniclan
permlt. The examInation shall meet
the followIng requlrements~
(1) The examInatIon
shall, In the judgment of the ChIef of
polIce, be such as to faIrly determIne
the ablllty 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, Hyglene, SanItatIon,
Massage Theory, 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
shall have at least fIve years of
lIcenSIng or
fIeld and
practIce 1n hIS or her
shall Include licensed
18
health
care professionals such as
Doctors, Chiropractors, PhysIcal
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 governing the
administratIon and gradIng of all
examInatIons and shall exercise such
supervISIon as may be necessary to
insure 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 again elIgIble untIL one
year thereafter. An addItional
processIng
flIed wIth
fee may be requIred to be
the ChIef prIor to each
examination.
19
rfl Such other Information and
identIficatIon as deemed necessary by
the ChIef of Police.
rg) AuthorIzatIon for the City,
Its agents and employees to seek
verifIcatIon of the Information
contaIned In the application.
(h) A statement in writIng by
the applIcant that he or she certIfIed
under penalty of perjury that all
InformatIon contaIned in the
applIcation IS true and correct.
SECTION 62008. Massaqe Techni-
cian 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 45 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:
20
(a) The applIcant has been
convicted of a vlolatlon of Health and
safety
Code
SectIon
11550 or a
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 commltted or
attempted In thlS State, would have
been punished as one or more of the
above mentloned offenses, or that the
applIcant IS requlred to reglster
under the provIsions of Penal Code
Sectlon 290.
(b) The applIcant has been
convlcted of any felony offense
lnvolvlng the sale of a controlled
substance specifIed In Health and
Safety Code Sections 11054, 11055,
11056, 11057, or 11058 or has been
convlcted in any other State of any
offense whlch, if commItted or
attempted in thIS State, would have
been punishable as one or more of the
above mentloned offenses.
[el The applIcant has committed
an act, WhlCh, If done by a lIcensee
or permittee under thlS Chapter, would
21
be grounds for suspenslon or
revocation of a license or permIt.
(d) 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
qualIfIcatIons,
related
functIons,
to the
or dutIes
of a massage technIcian.
(el The applicant has knOWIngly
made
a
false,
mIsleadIng,
or
fraudulent
CIty in
process.
statement of fact to the
the permIt applIcatIon
(f)
The
the
applicatIon does not
InformatIon required by
contaIn
Section 62007.
(g) The applIcant has not
satisfIed the reqUIrements of thIS
Code.
SECTION 62009.
CondItIons of
PermIts. The
condItIon the
M~ssage TechnIcian's
ChIef of PolIce shall
Issuance of a permIt for a massage
22
technICIan's permIt to ensure
compllance WIth thls Chapter and other
applIcable laws. Such condItlons
shall InclUde, but not be limIted to,
the followIng:
(a) That changes of the
business address of the permIt holder
must be reported to the Chlef of
PolIce WIthin three working days after
the change occurs.
(bl That the holder of the
permIt must
ldentifIcation
dIsplay a
card prepared
photo
by the
PolIce Department when workIng
pursuant to the permit. ThIS card
must be worn and dIsplayed on the
outer clothIng. If a permIt holder
changes hls or her business address as
descrIbed In subsectlon (a) above, he
or she shall be required, withIn one
week after such change occurs, to
obtaln from the Police Department a
new photo ldentifIcatlon card.
(c) That If the applIcant is
authorIzed to conduct off-premIse
massage, that off-premIse massage not
be conducted In a hotel or motel or
23
commercIal bUIldIng not leased or
assigned to the massage clIent.
Cd) 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(s), or make IntentIonal
contact or occasIonal and repetitlve
contact wlth the genitals or anus of
another person.
(e) No massage technicIan
employed by a massage establIshment
may hold an off-premise massage permit
at the same tIme.
(f) No
massage
techniclan
employed by a massage establlshment
may engage in any off-premIse massage
bUSIness.
SECTION 62010.
Unlawful Ooera-
~Jons.
(a) 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.
24
~
(b) Each Operator shall erect
and maintain, after obtaining the
necessary permits, a recognlzable 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 premise where the massage
operation IS to be conducted, the
operator's permit as Issued by the
Chief of PolIce.
(cl Each operator shall provide
In each room where massages are given)
suffIcient lightIng and ventIlatIon as
required by the Uniform BuildIng Code.
The lighting In each massage room
shall be a minImum of one 75 watt
white light bulb. No colored light
bulbs, strobes or flashIng lIghts may
be used, nor shall there be any
coverIngs on the lIghts to change the
color of the light.
25
(d) Each operator shall provide
and maintain adequate equIpment for
disinfectIng and sterilIzIng of
Instruments used 1n massage.
(e) The Department of Health
shall, from tIme to tIme, and at least
once a year make an Inspect10n of each
massage establlshment 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.
(f) A mInimum of one tub or
shower,
and one toilet and wash basin
shall be provlded 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
26
placed in permanently installed
dIspensers. A trash receptacle shall
be provided In each tOIlet room. In
addItion to the wash basIn provided
for patrons, a mInlmum 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 basIns 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.
(g) 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.
27
(h) No person lIcensed to do
busIness as hereIn provIded shall
operate under any name or conduct
bUSlness under any deslgnatlon not
spec1fied in h1S or her permlt.
( i ) No person shall enter, be,
remain in
establlshment
any part of
licensed
a massage
under th1S
Chapter
wh1le
1n
possession of,
consumlng,
uS1ng,
or
under
the
lnfluence of any alcohol1c beverage or
drug. The owner, operator, and
manager shall be responsible for
ensurIng that no such person shall
enter or remain upon the llcensed
prem1ses.
(j) No bUlldlng or part thereof
used as a massage establlshment shall
be equlpped with any electron1c,
mechanlcal, or artlflclal deVIce used,
or capable of being used for recordlng
or v1deotaplng, for monltoring the
activ1ties, conversatlon, or other
sounds In the treatment room or room
used by the buslness customers.
(k) No massage establlshment
issued a permlt under thls Chapter
28
shall send massage techn1C1ans off the
premIses for the purposes of
admInIsterlng a massage, nor shall the
massage establ1shment or any part
thereof be used by any employee,
operator, manager, or owner to receive
or accept
off-premIse
information
such requests for
massages, nor to provide
to anyone how or where
such off-premIse
obtaIned.
(l) Every person to whom or for
whom a massage technlClan shall have
been granted pursuant to the
provIsions of thls Chapter shall
massages may be
dlsplay sald permit In a conspicuous
place wlthln the massage establishment
so that the same may be readily seen
by persons enterlng the premlses.
(m) No person holdlng a massage
technICIan permit Issued under thIS
Chapter, or employed by or working In
a massage establlshment lIcensed under
th1s Chapter, may, 1n worklng pursuant
to such chapter or lIcense, expose h1s
or her genltals, buttocks, or, In the
case of a female, her breast(s) or
29
. .
make intentIonal contact or occasIonal
and repetitIve contact with the
genitals or anus of another person.
(n) All persons, massage
techn1cIans, and attendants shall wear
clean outer garments whose use IS
restrIcted to the massage
establishment. These garments must be
of a fully opaque material and provIde
the complete covering of the genItals,
genItal area, buttocks and female
breasts of such employees, massage
technIcians, and attendants.
(0 ) 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.
(pl No massage technICIan,
while performIng any task or serVice
assocIated WIth the massage buslness,
shall be present In any room WIth
30
another person unless the person's
specIfied anatomical areas are fully
covered.
lql Standard or portable
massage tables shall be used wIth a
durable, washable plastic or other
waterproof materIal as a coverIng.
Four lnch thIck foam pads wIth a
maximum w1dth of four feet may be used
on a massage table or on the floor and
must be covered wIth durable washable
plastic or other waterproof material.
No other cloth sheets, slip covers, or
paddIng may be used on the massage
table. Beds, mattresses, and water
beds may not be used In the
administratIon of a massage.
(r) Every person operatIng a
massage establIshment and each person
doing business as a massage technICIan
shall keep a record of the dates and
hour of each treatment or service,
name,
address and birthdate of the
patron to be verIfIed by legal
identifIcation, name of technICIan
descrIptIon
of
such
the
servIce
and
admInIstering
treatment or
31
<c >
serVIce rendered.
A short medIcal
hIstory form
each patron
shall be completed by
and revIewed by the
operator,
techniclan
service.
manager}
or
massage
prIor to any treatment or
Such form shall indIcate If
the
patron
has
any communicable
diseases, areas of pain, high blood
pressure or any phYSIcal condItion
which may be adversely effected by
massage. Said 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 provislons of thIS Code. The
information furnIshed or secured as a
result of any such records should be
used only to Insure and enforce
complIance wlth thIS Chapter and other
applIcable laws and shall otherWIse
remain
confIdentIal.
OffiCIals
charged wlth enforcement of this
Chapter shall perIodically Inspect
saId records to Insure compliance WIth
thIS SectIon.
32
(s) Each operator shall have
attached to his/her person a valId
photo IdentIfIcation card issued With
theIr
pollce permIt as a massage
technlclan,
whenever
conducting
off-premise massage.
(t) No person shall operate as
an off-premIse massage technician or
adminIster a massage as herein defined
between the hours of IO:3Q p.m. and
7:00 a.m.
(u) No person while conducting
bUSlness as an off-premise massage
techniclan, shall be In posseSSIon of,
or under the Influence of any
alcoholIC beverage or drugs.
(v) No person holding an
off-premise massage technIcian permit
shall conduct massage whether or not
for compensatIon, at any hotel, motel,
or other commerCIal establIshment not
leased or assigned to the client.
(w) The possession of a valId
off-premIse massage technIcian permlt
does not authorize the possessor to
perform work for which an on-premIse
massage technICIan permit IS reqUIred.
33
(x) 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 to be
licensed under this Chapter shall have
a manager on the premIse at all times
during WhICh the massage establishment
1S open. The operator of each massage
establIshment requIred to be licensed
under thlS Chapter shall fIle a
statement w1th the Chief of PolIce,
designating the person or persons WIth
power to act as a manager at the
operator's massage establIshment.
SECTION 62012. Changes of
BUSIness. Every massage establIshment
operator shall report Immediately to
the ChIef of Pollce, any and all
changes of ownershIp or management of
the massage establlshment, 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
34
corporatIon, offIcers, dIrectors, and
partners In any and all changes of
name, style, or deSIgnation under
WhICh the bUSIness IS to be conducted,
and all changes of address or
telephone
business.
numbers
of the massage
SECTION 62013. InspectIons.
The City's BUIldIng and Safety 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 requIred
permtt applIcatIon, compliance or
noncomplIance with the regulatIons as
set forth in thIS Chapter.
SECTION
62014.
Transfer and
DuratIon of PermIts, SuspenSIon and
Revocation.
(a) No permIt issued hereunder
shall be transferable.
All permIts
for operator and massage technician
permits shall be issued for the period
of the fiscal year or portIon thereof
remaInIng followIng Issuance of such
35
""
permlt, and shall expIre the last day
of the fiscal year (June 30th).
fb) Appllcatlons for the next
ensuing flscal year shall be flled
WIth the Chief before the end of the
fIscal year. Such renewal
appllcatlons must be fIled no later
than 30 days prior to the end of the
fIscal year to prevent a lapse of the
permit.
(c) Each applIcant for renewal
shall fIle such InformatIon as may be
requIred by the ChIef to update the
InformatIon requIred for hls or her
orIgInal permit applIcatIon. Each
massage techniCIan renewal applIcant
shall Include a statement in wrIting
from a llcensed physician in the State
of CalIfornIa that he or she has
examIned the applicant WIthIn the past
30 day period precedlng saId
appllcatIon and believes the renewal
applIcant to be free from all
communIcable diseases.
(d)
The ChIef
permlt or
may refuse
may revoke
permit on
to
renew a
or
suspend
an existlng
the
36
grounds that the applIcant or
permitholder has permItted vlolatlons
of the permIt condItIons or other
reqUIrements of thIS Chapter, or on
any grounds specIfied In SectIon 6120
or 6123 of thls Code. In any such
case, the applIcant or permltholder
shall have the right to appeal from a
deCIsion of the Chlef, In the tIme and
manner set forth in SectIon 6124 ~
~, of thIS Code.
(e) No suspended permit may be
renewed. If a suspended permit lapses
durlng the suspension perloo, a new
appl1cat1on must be made at the end of
the suspension perIod.
(f) Two or more VIolatIons of
SectIon 62007 WIthIn a twelve month
perIod shall result in revocatIon of
the operator's pollce 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
poli ce
permIt.
or revocation
In any
of the
case of
37
suspension
under
thIS
SectIon,
applIcation for a new operator or
OWner may be made and shall be
effectIve only after the completIon of
the suspension.
SECTION
62015.
Exemotlon;
EXIstIng PermIttees.
(a) The
prOVISIons
of thIS
Chapter shall not be deemed applicable
to any person who is engaged in a
healIng art, and IS lIcensed as such,
pursuant to DIVISIon 2,
commencIng
WIth Section 500 of the BUSIness and
ProfeSSIons
CalIfornIa.
(b) Any person who lS a
certIfIed rolfer In good standIng WIth
the Rolfing InstItute In Boulder)
Code of the State of
Colorado, and has complIed all
requlred continuous annual traIning by
the Rolflng InstItute shall be exempt
from thIS Chapter. Any person whose
certifIcate has lapsed shall be
requlred to obtaIn a permlt as
reqUIred by thIS Chapter prlor to
performIng massage or structural
IntegratIon therapy.
38
.... -,
(c) 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
followlng schedule of complIance IS to
apply:
shall
(ll Operator's
contInue in effect
permlts
for the
remalnder of the fIscal year and shall
be renewed In accordance WIth SectIon
62014. A renewed operator's permIt
may be denIed or conditioned to the
same
extent
as a new operator's
permlt.
effectIve
massage
(2) CommencIng
date of thIS
on the
Chapter,
massage
operators
and
technIClans
shall
comply with all
requlrements of Section 62010.
(3) All persons operating
under an eXIstIng massage technIcian
permIt and otherWise meetIng the
requirements for permit renewal are by
July 1, 1986, to obtain a new permIt
in accordance with the proviSIons of
Section 62007. Persons currently
39
--~ -.
holdlng valId masseurs permIts shall
be exempt from the schooling
requlrement; but must satIsfactorIly
complete the written test.
(41 Reasonable extensions
of
the
granted
ShOWIng
therefor.
by
tIme perIod specifIed in
(2) and (3), may be
the Chlef upon a proper
upon tlmely requests
subd1VIsions
and
SECTION 62016. Fees. The CIty
Council shall establIsh and from time
to tIme amend by resolut1on fees for
the admInistration and enforcement of
this Chapter.
SECTION
62017.
Var).~nce
P~ocedur~. Any other provlsIon of
this Chapter not WIthstanding, the
operator or a person applying for an
operator's permIt pursuant to Section
62003 of this Chapter may file WIth
the ChIef a request for a varIance to
be relieved of the requirements set
forth in SectIon 62010(f) of thIS
Chapter. The ChIef may grant such
requests only If he IS satIsfIed that
40
all of the followIng conditIons are
met:
(a) Although
wIthIn
the
statutory deflnItlon of a massage
establIshment (Section 62000(e)), 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(f) of thIS Chapter.
(c) The bathIng and tOIlet
faCIlItles provIded by the operator In
lieu of those requIred by Section
62010ff) 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 to grant or to
deny a request for a varIance shall be
fInal, however, nothing hereIn shall
be construed to detract from the rIght
of an applIcant for an operator's
permIt to appeal a deCIsion of the
ChIef WIth respect to denial or
condItional approval of such permit
41
~- ~~ .
pursuant to SectIon 62003 of this
Chapter.
SECTION 2. The amendments provIded In SectIon 1 of thIS
Ordinance to Chapter 12 of ArtIcle VI of the Santa MonIca
MunICIpal Code shall not bar or otherWIse effect the fIling of
a crimInal complalnt, the prosecution thereof} and punishment
for an act committed prIor to the effectIve date of thIS
OrdInance In VIolation of any prOVISIon of the Santa MonIca
MunIcipal Code notWIthstanding the amendment thereof by thIS
Ordinance.
SECTION 3. Any proviSIon of the Santa MonIca MuniCIpal
Code or appendIces thereto InconSIstent with the provisions of
this ordInance, to the extent of such InconSIstenCIes and no
further, IS hereby repealed or modIfIed to that extent
necessary to 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 lnvalid or unconstItutlonal by a deCISIon of any court of
competent jurlsd1ctlon, 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
WIthout regard to whether any portIon of the ord1nance would
be subsequently declared invalId or unconstItutIonal.
42
-\.... -.. "11.
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 publlshed once In the offICIal
newspaper WithIn 15 days after Its adoption. The ordInance
shall become effective 30 days from Its adoptIon.
APPROVED AS TO FORM:
CJL..r'6--.;'\ '--- ~ ______
ROBERT M. MYERS ....
City Attorney
43