SR-6C (4)
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CA:f:atty\muni\strpts\mjm\massage.2d
city Council Meeting 3-21-95 Santa Monica, California
MAR 2 1 1995
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.104.030,
6.104.080, 6.104.110 AND 6.104.170 RELATING TO REGULATION
OF MASSAGE TECHNICIANS
INTRODUCTION
At its meeting on February 28, 1995, the city Council introduced
for first reading an ordinance of the City Council of the City of
Santa Monica amending Santa Monica Municipal Code Sections
6.104.030, 6.104,080, 6.104.110 and 6.104.170 relating to
regulation of massage technicians.
The ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
6('
V
MAR 2 1 1995
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CA:MJM:f:\atty\muni\laws\massage.2d
City council Meeting 3-21-95 Santa Monica, California
ORDINANCE NUMBER 1792
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(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 6.104.030, 6.104.080, 6.104.110
AND 6.104.170 RELATING TO REGULATION OF MASSAGE TECHNICIANS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. SectIon 6.104.030 of the Santa Monica Municipal
Code is amended to read as follows:
6.104.030 Application and examination for
operator's and off-premise operator's permit.
Any person deSIrIng an operator's permit
for a massage establishment or off-premise
massage bUSIness shall fIle a wrItten
application with the LIcense Office of the City
of Santa Monica on a form required by the Chief
of Police, pay filing fees, the amount of which
shall be established by ordinance, resolution,
or other lawful means, and pass an examInation
administered by the City. The appll.cation
shall contain or be accompanied by the
following:
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(a) A statement containing the type of
ownership of the business, i.e. , whether by
individual, partnership, corporation, or
otherwise.
(b) A statement containing the precJ.se
name under which the massage establishment or
off-premise massage business is to be
conducted.
(c) A statement containing the complete
address and all telephone nllmhers of the
massage establishment or off-premise massage
business.
(d) A statement containing a complete
list of the names and residence addresses of
all proposed massage technicians and employees
in the massage establishment or off-premise
massage business and the name and residence
addresses of the manager or managing employee
proposed to be principally in charge of the
operation of the massage establishment or off-
premise massage business.
(e) The following personal information
concerning the applicant:
(1) Name and complete residence
address.
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(2) Two immediately prior residence
addresses.
(3) Date of birth.
(4) Height, weight, color of hair
and eyes, and sex.
(5) The massage or similar business
history and experience of the applicant,
including but not limited to, whether or not
such person, in previously operating a massage
establishment or sJ.mJ.lar 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.
(6) All criminal convictions
excluding traffic misdemeanor or infraction
violations.
(f) The followin~ identification:
(1) A valid California driver's
license or valid California identification
card.
(2) Two (2) front faced portrait
photographs at least two inches by two inches
in size taken by the Police Department.
(3) A complete set of fingerprints
taken by the Police Department. For purposes
of this Section, applicant shall mean the owner
and the operator of the proposed massage
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and 7 a.m to 8 p.m. , Monday through Saturday, for the auto
repair.
Parklng and Circulation
As approved by the Clty Parking and Trafflc Englneer, the only
vehicular access to the site would De from two lanes on a 30'-
wlde drlveway along Santa Monlca Boulevard. No vehlcular access
would be provided off of the adjacent alley or Centinela Avenue,
The applicant has obtained approval from the parklng and Trafflc
Divlsion for a queulng plan, loadlng plan, and test drlvlng plan.
The approved test drlvlng plan would allow test drlvlng in a
circular route along Santa Monlca Boulevard, 26th Street,Wilshire
Boulevard, and Bundy Drive. Because there wlll be no dlrect
access to the adjacent alley, the Parklng and Trafflc Engineer
has not requlred a plan for slowing alley traffic flow
The project exceeds the ffilnlmum parklng space requlrement.
Eleven spaces would be located outslde at ground level adJacent
to the 30'-wlde driveway. The remalnlng parklng spaces would be
located below grade.
A total of four bicycle parking spaces are required by code but
have not been shown on the plans. In addltlon, one electrlc
vehlcle recharging outlet is requlred. Staff has included a
condltion to ensure compliance wlth these requlrements prlor to
lssuance of a bUlldlng permit.
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the examination three times shall be ineligible
to re-take the examination for one (1) year
thereafter. An additional fee may be imposed
by the City for each re-examination.
SECTION 2. section 6.104.080 of the Santa Monica Municipal
Code is amended to read as follows:
6.104.080. Application and examination
for massage technician's permit.
Any person desiring a massage technician
permit in a massage establishment or off-
premise massage business, shall file with the
License Office of the city of Santa Monica a
written application on a form required by the
Chief of Police, pay filing fees, the amount of
which shall be established by ordinance,
resolution, or other lawful means, and pass an
examination administered by the city. The
License Office shall make a determination as to
whether or not the application is complete
within ten (10) days of the filing of the
application. The application shall contain or
be accompanied by the following:
(al 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,
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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 name and addr~ss of the massage
establishment.
(b) A statement in writing from a
physician licensed in the state of California
on a form approved by the Chief of Police that
he or she has examined the applicant within the
past thirty (30) day period preceding said
application and has found the applicant to be
free from all communicable diseases.
(c) The following personal information
concerning the applicant:
(1) Name and complete residence
address.
(2) Two (2) immediately prior
residence addresses.
(3) Date of birth.
(4) Height, weight, color of hair
and eyes, and sex.
(5) The massage or similar business
history and experience of the applicant,
including but not limited to, whether or not
such person, in previously performing massage
services or operating a massage establishment
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or similar bUS1ness 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.
(6) All criminal convictions
excluding traffic misdemeanor or infraction
violations.
(7) If the applicant possesses one,
a valid United states Visa.
(d) The following 1dentification:
(1) A valid California driver's
license or valid California identification
card.
(2) Two (2) front faced portrait
photographs at least two inches by two inches
in size taken by the Police Department.
(3) A complete set of f1ngerprints
taken by the Police Department.
(el A diploma or certificate of
graduat10n and a transcript from an Approved
School. The term "Approved School" means and
includes a school or institution of learning
licensed by the State of California and
approved by the State Super1ntendent of Publ1C
Instruction pursuant to Education Code Section
943110 and reviewed by the Superintendent
within the preceding twelve (12) month period
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which has for its pur!'ose t~le 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 fifty (150) hours. The term "Approved
School" may, at the discretion of the Chief of
Police, also include a school or institution of
learning which is licensed and accredited by a
state other than the State of California, which
has for its purpose the teaching of the theory,
method, profession, or work of massage
technicians, and which re<:JUires a resident
course of study of not less than one hundred
fifty (150) hours. An applicant who attended
an out-of-state school shall submit a diploma
or certificate of completion, a certified
transcript, the name, address and telephone
number of the school, and a course description
and outline of the material covered in the
courses completed by the applicant. Any out-
of-state course of study submitted for approval
shall meet the state of california's Office of
Post Secondary Education's minimum
requirements.
Notwithstanding the foregoing, the Chief
of Police may determine that a particular
school does not qualify as an "Approved School"
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based upon substantial evidence that the school
issues diplomas or certificates of completion
fraudulently or otherwise fails to engage in
teaching the theory, method, profession, or
work of massage technicians.
(f) Such other information and
identification as deemed necessary by the Chief
of Police.
(g) 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 applicat10n is true and
correct.
Prior to the issuance of the massage
technician permit, the applicant must pass an
examination consisting of a written and a
nonwritten component. The examination shall be
given by the Personnel Department quarterly and
at least every ninety (90) days, and shall be
updated or revised per10dically by the Chief of
Police. The examinat10n shall, in the judgment
of the Chief of Police, fairly determine the
ability of the applicant to perform massage,
and may include the following subjects:
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the lmpact of the proposed auto dealership on the
surroundlng area.
6. There are adequate provisions for waterl sanltatlon, and
public utllltles and serVlces to ensure that the proposed
use would not: be det:rlmental to public health and safety,
in that the subject slte ~s ::'ocated In an urbanized area
with adequate access to utilitles.
7, Publlc access to the proposed use will be adequate, In
that the subJect parcel abuts two streets and an alley
(only pedestrlan access wlll be allowed off of the alley) .
8, The physlcal locat:ion or placement of the use on the site
lS compat~ble wlt:h and relates harmonlously to the
surrounding nelghborhood, In that It conforms to all
relevant C4 and automobile dealership standards.
9 The proposed use is conslstent wlth the goals, obJectives,
and policles of the General Plan, In that the general plan
speclfically encourages automobile dealershlp uses wlthin
the General Commercial land use classificatlon.
10. The proposed use would not be detrimental to the publlc
interest, health, safety, convenience, or general welfare,
in that it conforms with all relevant Zonlng Ordinance
standards and lS further conditioned to mlnlmize negative
lmpacts on the surroundlng area
11 The proposed use conforms preclsely to the appl~cable
performance standards contalned in Subchapter 9 04.12 and
speclal condit~ons outlined ~n Subchapter 9 04.14 of the
Clty of Santa Monlca Comprehenslve Land Use and Zoning
Ordinance, in that the proposed proJect is not requlred to
conform preclsely wlth the performance standards contained
in the Zon~ng Ordinance but, as conditloned, does conform
with those PSP standards appl~cable to auto dealerships,
12. The proposed use will not result In an overconcentration
of such uses In the immed~ate V1C1TIlty I In that no other
automoblle dealershlps are located on the same block or
across the street fc:-om the subject property, and the
General Plan encourages a concentratlon of automobile
dealershlps along Santa Monlca Boulevard
CONDITIONS
Plans
1 Thls approval lS for those plans dated 3/15/95, a copy of
whlch shall be malntalned In the flIes of the Clty
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parent or guardJ.an of such minor person has
consented thereto in writing.
(b) Each operator shall erect and
maJ.ntain, after obtaJ.ning the necessary
permits, a recognizable and readable sign that
will be posted adjacent to the main entrance
identifying the premise as a massage
establishment. The signs may not use any strobe
lights or other flashing lights to illuminate
the front of the business. Each operator shall
have posted, in a conspicuous location upon the
premises where the massage operation is to be
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 BUJ.lding Code.
(d) Every massage establishment shall
from time to time and at least once a year, be
inspected by the Department of Health for the
purpose of determining that the health
provisions of the laws of the state of
CalifornJ.a and ordinances of the City of Santa
Monica and County of Los Angeles are met.
(e) A minimum of one tub or shower, and
one toilet and wash basin shall be provided for
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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 toiletroom. In addition to the
wash basin provided for patrons, a minimum of
one separate wash basin shall be provided in
each massage establishment, which basin shall
provide soap or detergent and hot running water
at all times and shall be located within or as
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
toiletroom 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 performjng of massages.
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(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 business under any designation not
specified in his or her perrn1t.
(h) No person shall enter, be, or remain
in any part of a massage establishment licensed
under this Chapter while in possession of,
consuming, using, or under the influence of any
alcoholic beverage or drug. The owner,
operator, and manager shall be responsible for
ensuring that no such person shall enter or
remain upon the licensed premises.
(i) No building or part thereof used as
a massage 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; nor shall any such equipment be used
to record, videotape or monitor a person
receiving a massage without that person's
written consent.
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(j) No massage establishment issued a
permit under this Chapter shall send massage
technicians off the prem1ses for the purposes
of administering a massage, nor shall the
massage establishment or any part thereof be
used by any employee, operator, manager, or
owner to receive or accept such requests for
off-premise massages, except when such
off-premise massage is permitted by this
Chapter.
(k) Every massaqe tec.mician working in
a massage establishment shall display his or
her permit in a conspicuous place within the
massage establishment so that the same may be
readily seen by persons entering the premises.
(1) No massage technician shall, while
performing any massa-:Je or associated task,
expose his or her genitals, buttocks, or, in
the case of a female, her breast(s) or make
intentional contact or occasional and
repetitive contact with the genitals or anus of
another person.
(m) All massage technicians and all other
persons working in massage establishments shall
wear clean outer garments. These garments must
be of a fully opaque material and provide
complete covering of the genitals, genital
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(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
coverings are adequately cleaned between uses.
(0) No massage technician, while
performing any massage or associated task,
shall be present 1n any room with another
person unless that person's genitals, genital
area, buttocks and female breasts are fully
covered.
(p) standard or porta~le massage tables
with durable, washable plastic or other
waterproof material as covering shall be used
for massage. Foam pads more than four (4)
inches thick or with a width of more than four
(4) feet may not be used. Beds, mattresses, and
water beds may n-:>t be used 1n the
administration of a massage.
(q) 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 tre<:,tment or serv1ce,
name, address and birth date of the patron to
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dates and hour of each treatment or service,
name, address and birth date of the patron to
be verified by legal ldentification, name of
technician administering such service and
description of the treatment or service
rendered. These records shall be open to
inspection by the health offlcials 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 and
enforce compliance with this Chapter and other
applicable laws and shall otherwise remain
confidential. Officials charged with
enforcement of this Chapter shall periodically
inspect said records to ensure compliance with
this section. The records required by this
Subsection shall be maintained for a period of
not less than one year.
(r) The holder of the permit must have in
his or her possession a photo identification
card prepared by the Police Department when
working pursuant to the permit. The photo
identification card shall be promptly presented
to any peace officer upon request.
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(s) No person shall operate as an
off-premise massage technician or administer a
massage as herein defined between the hours of
10:30 p.m. and 7:00 a.m.
(t) No person while conducting business
as an off-premise massage technician, shall be
in possession of, or under the influence of any
alcoholic beverage or drugs.
(u) 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 except in the office of the
customer. For purposes of this subsection, a
hotel room shall not be considered an office.
(v) No common use of towels or linens
shall be permitted and re-use is prohibited
unless they have been f1rst laundered.
SECTION 4. section 6.104.170 of the Santa Monica Municipal
Code is amended to read as follows:
6.104.170. Exemption for other
professionals.
(a) Except as provided for in this
Section, the provisions of section 6.104.080
shall not be deemed applicable to any person
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who obtains an exemption certificate in
accordance with the provisions of this Section.
(b) In order tu be eligible for an
exemption certificate, a person must either:
(1) Have been issued a certificate
of Authorization for Service as an Instructor
in Massage pursuant to California Education
Code Section 94311(d) (3);
(2) Be a member of a professional
organization or associat1on which the Chief of
Police determines meets each of the following
requirements:
A. The organization or
association requires that its members meet
minimum educational requirements. The
educational requirements must include at least
three hundred (300) classroom hours, or its
equivalent, in Anatomy, Physiology, Hygiene,
Sanitation, Massage Theory and Practice, Ethics
of Massage Practice, first Aid and CPR.
B. The organization or
association requires that a test be passed in
order to obtain membership. The test must be
conducted in a fair and impartial manner and
meet or exceed the testin.J requirements of
Section 6.104.080.
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C. The organization or
associatJ.on requires participation in
continuing education programs as a condition of
continuing membership.
D. The organization or
association has established rules of ethics and
has enforcement procedures for the suspension
and revocation of membership of persons
violating the rules of ethics; or
(3) Be licensed by another state to
perform massage as defined in section
6.104.010, and the requirements for that
license must be determined to be comparable to
the requirements contained in this Subchapter
by the Chief of Police.
(c) In order to obtain an exemption
certificate, the person must file an
application for an exemption certificate in the
form required by the Chief of Police and pay
filing fees. If the application for exemption
is based upon the person having been issued the
necessary Certificate of Authorization or
Service as an instructor, the application for
exemption shall be approved or denied within
ten (10) days of the filing of the application.
If the application for exemption is based upon
membership in a qualified organization or
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association, or upon an out-of-state license,
the application for exemption shall be approved
or denied within ten (10) days of the filing of
the application if the Chief of Police has
previously determined that the organization or
association or the out-of-state license meets
the requirements of Subdivision (b) of this
section, or within sixty (60) days if no such
determination has been made.
(d) A person exe~pted under this section
shall have on his or her person the exemption
certificate issued by the Chief of Police when
such person is engaged in any massage activity.
(e) At such times as the Chief of Police
deems appropriate, persons exempt under this
section may be required to verify that he or
she continues to be entitled to an exemption
under this Section.
(f) The exemption certificate shall be
deemed revoked and of no further force or
effect on the date on which the person's
certificate of Authorization for Service as an
instructor in Massage pursuant to California
Education Code section 94311(d) (3) or out-of-
state license has expired or been suspended or
revoked or the person is no longer a member in
good standing of the organization or
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association entitl1ng the person to an
exemption under this Sectior.
(g) No operator's permit shall be
required by this Chapter for a person \Ilho
employs only persons exempt under this Section.
An operator's permit shall be required by any
person who employs both massage technicians
licensed under this Chapter and persons exempt
under this section.
(h) An applicant or exemption certificate
holder shall have the right to appeal from a
decision of the Chief of Police under this
section in the time and in the manner set forth
in Chapter 6.20 et seq. of this Code.
(i) A person exempt under this Sect10n
shall not be required to obtain a police permit
pursuant to Section 6.20.040.
SECTION 5. 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, are
hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
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jun.sdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every sectlon, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7. The Mayor shall slgn and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall cause
the same to be published once in the official newspaper within 15
days after its adoption. This Ordinance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
0~u-0~1keufLu
MARSHA JONES (MbUTRIE
City AttorneyJ
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1lw2 (~
Mayor
State of Cahforrna )
County of Los Angeles ) ss
City of Santa Moruca )
I, Beth Sanchez, Assistant City Clerk of the City of Santa Moruca. do hereby cemfy that the
foregomg Ordmance No 1792 (CCS) had ItS fust readmg on February 28. 1995 and had Its
second readmg on March 21, 1995 and was passed by the followmg vote
Ayes Councllmembers Genser. Gteenberg, Ebner. Rosenstem. Abdo. O'Connor
Noes Councllmembers' None
Abstam Councllmembers None
Absent Counctlmembers Holbrook
ATTEST
~cb-y
/ J
City Clerk