SR-20080513-7D~r
~;tYO, City Council Report
Santa Monica
M pY 13, ,LOUB
City Council Meeting: ,
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance Amending the City's Massage Regulations
Recommended Action
Legal staff, the Police Department and the Finance Department recommend that the
City Council introduce for first reading the attached ordinance amending clarifying and
updating the City's massage regulations to better conform them to community needs
and current case law.
Executive Summary
The attached, proposed ordinance would amend Chapter 6.104 of the Santa Monica
Municipal. Code, which contains the City's massage regulations. Three realities drive
staffs proposal: changes in case law since Council last amended the massage
regulations, a dramatic increase in the number of illicit massage parlors in the City and
in other businesses which act as "fronts" for prostitution and other illegal activities, and
attendant complaints for City residents who live near these illegal businesses. The
proposed ordinance is modeled after ordinances adopted by other cities in recent years.
It would clarify some existing provisions of local law, strengthen others to help the
Police Department and the Finance Department combat illegal business, and also
protect the constitutional rights of business owners, operators and workers.
Discussion
Background
Information on Trafficking
In recent years, California has experienced a significant increase in the use of massage
and other health related businesses as "fronts" for prostitution and related illegal
activities. Law enforcement authorities attribute this increase to global crime syndicates
which are smuggling .young women from Asia into California and from Latin American
into Texas and Florida. The Department of Justice estimates that, each year, about
20,000 victims are trafficked into the United States, essentially as "slaves". Most end up
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in California cities. This ugly reality belies the conception of prostitution as a victimless
crime.
In Southern California, most victims of trafficking are smuggled into the United States
from Korea. Federal agents report that these victims number in the hundreds each year
and that the typical fee for smuggling a woman from Korea to Southern California is as
high as $15,000. Once here, each woman is required to work off the fee in a brothel.
In 2000, the federal Trafficking Victims Protection Act was adopted to combat sex
trafficking and slavery. It authorizes maximum sentences of 20 years to life for
traffickers. In 2004, the law was amended to provide greater protection for victims. In
2005, federal authorities in Southern California organized amulti-agency task force
which works with local police to combat trafficking. U.S. Attorney Debra Wong Yang
commented in a press release: "Human trafficking crimes... victimize the vulnerable
people in our society. With the formation earlier this year of the Los Angeles
Metropolitan Area Task Force on Human Trafficking, we are honing our tactics for
identifying and rescuing trafficking victims, as well as prosecuting those responsible for
human trafficking."
A year later, the federal and local task forces made hundreds of prostitution arrests in
massage parlors, chiropractic offices, aromatherapy and acupuncture businesses in the
Los Angeles area. Santa Monica police worked as members of this task force and
made arrests in Santa Monica.
On the -state level, in 2005, the state legislature adopted AB 665, amending
Government Code Section 51032. As amended, the provision authorizes cities to adopt
ordinances governing the .licensing of massage business and requiring such local
ordinances to mandate license denial as to massage personnel/owners/operators who
are required to register as sex offenders. Because cities can only fulfill this requirement
by fingerprinting massage workers, the- practical result of this law is that cities with
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massage ordinances must require fingerprinting of those involved in massage
businesses.
Illicit Massage Operations and Enforcement Efforts in Santa Monica
In Santa Monica, there are approximately 64 massage and accessory massage
businesses. This is an exceptionally high concentration, given that the City's size is
only about 8 square miles. Moreover, the number of businesses is increasing. Thirty
three. new businesses opened in 2006 and 2007, as compared to 6 in 2000 and 2001.
There are about 573 licensed massage technicians in the City. About 88% are treated
as "exempt" under current law and therefore have not been fingerprinted. Santa Monica
is the only City in the Los Angeles area, and in the state, which does not require all
massage technicians to be fingerprinted.
A significant portion of the businesses and technicians in Santa Monica operate
legitimately and provide valued services. However, a large number do not. Police and
prosecutors estimate that over 25% of the businesses engage in unlawful operations,.
notably prostitution. We have continued to receive complaints from City residents about
illegitimate massage operations. Many of the complaints come from commuhity
members Living near Lincoln Boulevard.
In the last few years, the SMPD and City Attorney's office have devoted considerable
resources to combating trafficking, prostitution, and other illegal activities conducted at
businesses purporting to be massage parlors. Police personnel have worked with the
multi-agency task force created in Los Angeles. They have also worked with members
of the Criminal Division of the City Attorney's office and the head of the Finance
Department's Revenue Division to identify illegal operations and curtail them. This
effort has involved various criminal and civil approaches. About ten businesses have
been closed as a result of this work. Five closed voluntarily. Another five were forced
to close. Four of these were brothels licensed for massage. Despite these gains, the
work remains very challenging. When individual prostitutes, posing as massage
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technicians are. arrested; they are simply replaced. When business owners are
prosecuted or lose their permits, the businesses are transferred.
One relatively successful approach has been the pursuit of landlords who rent
commercial property to illegal businesses. The City has used the state's Red Light
Abatement Law, Penal Code Section 11225 and following, to combat illicit massage
operations by informing property owners of their potential exposure to severe civil and
criminal penalties resulting from the illegal use of their property. Expanded use of this
remedy is contemplated.
The current massage ordinance was adopted in 1986 as Chapter 6.104 of the Municipal
Code and was amended in 1995. In adopting the ordinance, the City Council attempted
to both address massage activities detrimental to the public health and welfare and, at
the same time, to protect legitimate massage businesses. However, the existing
ordinance needs to be updated to reflect developments in applicable law and changing
realities.
In drafting the attached, proposed ordinance, City reviewed ordinances adopted by
other cities in the last decade. The laws from Newport Beach. and Anaheim were
selected as the- best examples. Like Santa Monica, both of those cities are visitor-
serving cities and have many illicit massage businesses. Their ordinances were
reviewed by members of the Criminal Division of the City Attorney's Office and Revenue
Division staff. City Attorney's Office staff also met with representatives of the Santa
Monica Police Department to understand enforcement realities and challenges. The
City team also reviewed complaints from community members and heeded their request
that enforcement personnel have the benefit of the best possible legal tools for
combating prostitution masquerading as massage, acup~essure or something else.
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Summary of the Proposed Ordinance
The attached,. proposed ordinance would both amend and clarify existing law in various
respects. Most important, it would require finger printing of all persons seeking. permits
under the ordinance. At present, Santa Monica is the only city in Southern California
with a massage permitting system that does not require fingerprinting - a fact which
may partially explain the concentration of such businesses within the City. Also, the
ordinance would require all massage technicians to take and pass the County's
proficiency examination to ensure competence. And, the ordinance would establish that
massage businesses are; for zoning purposes, permitted in the same zones as general
office. For convenience sake, the other proposed changes are grouped by category in
this report.
Definitions -New definitions are added to the terms "responsible Employee" and
"responsible Managing Officer" The addition of these definitions will facilitate holding
accountable those individuals who actually operate and profit. by illicit massage
businesses. This will minimize. the likelihood of operators simply continuing in business
when workers are arrested.
Applications and Permit Requirements -The proposed ordinance would require that all
applications for licenses be accompanied by a copy of the lease for the proposed
premises and a notarized acknowledgement from the owner that a massage
establishment will be located on the property. Also, the proposed law would authorize
denial of an application if an applicant has bas been found to have violated the Red
Light Abatement Law within the past five years, and the law would provide that the City
may commence an abatement action if the massage establishment operates as a
nuisance.
Additionally application requirements. and permit conditions would be strengthened in a
variety of ways.. These include establishing proof of liability insurance, requiring
technicians to pass the Los Angeles County Department of Health's technician
5
examination, requiring an operator or responsible employee on the premises at all
times, requiring display of operators' and technicians' permits in the .lobby of
businesses, requiring that technicians carry photographic identification cards when
working and show them to City representatives upon request, and prohibiting transfer of
permits.
Constitutional Protections -Several changes are proposed to ensure that Due Process
and other constitutional rights of massage operators and workers are respected. The
proposed ordinance would require City action on a completed application within 90
days. Additionally, current law requires extensive disclosure of prior convictions. The
proposed law would narrow the list of prior convictions which must be disclosed on
applications.. Five year disclosure requirement would apply to specific enumerated and
related offenses, whereas a three year disclosure requirement would apply to non-
enumerated acts which both involve moral turpitude and bear' a substantial relationship
to the practice of massage. This change will conform the ordinance to requirements of
current case law.
Operating Requirements - A number of new operational requirements would apply.
Most for these are taken from model ordinances adopted and used by other cities.
Massage businesses would be required to post a list of all available services and would
be prohibited from providing other services. Standard lighting of at.least 40 watts would
be required in each room, with strobe and colored.. lighting prohibited. The Police Chief
would be authorized to require that establishments post notification to patrons that the
premises are subject to inspection by City authorities.
Exemption for Professionals -The current law exempts state licensed professionals; but
experience has shown that the exemption is overbroad. Accordingly, staff recommends
a more limited exemption which would apply to physicians, surgeons, osteopaths,
physical therapists and registered nurses working undera physicians' direction.
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Penalties - Finally, a specific penalty provision would be added making a violation a
misdemeanor and reserving the City's right to proceed by other means, including
nuisance abatement.
Financial Impacts
The Revenue Division has determined that adoption of the proposed ordinance would
not, in itself, increase costs. Costs of administration would vary depending upon
enforcement efforts.
Prepared by:
Marsha Jones Moutrie, City Attorney
Approved: Forwarded to Council:
r~.;t ~ I
Mars! a Jone utrie nt Ewell
City ttorn ~ Cit anager
7
f:\atty\mun i\laws\mjm\massageamend2006revised-2-0408. doc
City Council Meeting: April 22, 2008 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 6.104 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO MASSAGE REGULATIONS
WHEREAS, the City of Santa Monica is a geographically small and dense
community in which businesses and residents exist in close proximity; and
WHEREAS, the City is a popular destination for visitors and tourists who are
drawn to the City's unique combination of scenery, entertainments, and services; and
WHEREAS, as the number of visitors has increased in recent years, the number
of massage businesses within the City has also significantly increased; and
WHEREAS, at present, there are over sixty (60) massage businesses within the
City's eight square miles with. over eight hundred (800) licensed massage therapists;
and
WHEREAS, although the majority of these. businesses provide legitimate, healthy
and valued services, many do not and instead foster health and safety risks; and
1
WHEREAS, there have been over fifty (50) prostitution related arrests at
massage businesses in the last year and over thirty (30) prostitution related convictions
at massage businesses in the last year; and
WHEREAS, residential and business neighbors of some massage businesses
have been adversely impacted by unlawful operations of these businesses; and
WHEREAS, experience in this community and others has shown that there is an
ongoing opportunity for further acts of prostitution at some massage businesses; and
WHEREAS, massage entails a risk of physical injury to clients because massage
involves the application of pressure to another's body; and
WHEREAS, there is also a risk of infection and other injuries to the health of
massage clients because massage involves close physical contact between the
massage technician and client; and
WHEREAS, the State Constitution, City Charter and Government Code Section
51031 empower the City to regulate massage businesses through adoption of
reasonable standards intended to preserve the health, safety and welfare of patrons
and neighbors, and Penal. Code Sections 11225 et seq. require the City to enjoin and
abate any building or place that is used for the purpose of prostitution; and
WHEREAS, the permit requirements and restrictions imposed by this Chapter
are reasonably necessary to protect the health, safety and welfare of City residents,
workers and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
2
SECTION 1. Chapter 6.104 of the Santa Monica Municipal Code is hereby
amended to read as follows:
CHAPTER 6.104 MASSAGE REGULATIONS
Section 6.104.010. Definitions.
The following words and phrases as used in this
Article shall have the following meanings:
(da) Massage. 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.
3
{eb) Massage Establishment. Any e°+°h~~~,~1°..~"r;-,e,=a
business where eFany individual,.
firm, association, partnership, corporation, or combination of
individuals, engages in, conduct+r~gs, carry+ngies on, or
permitt+ngs to be engaged in; or conducted~r-oarrie~ en, for
money or any other consideration, massaged or health
treatments involving massages
including, but not limited to, those businesses that provide
massage accessory to their principal permitted use, such as
aromatherapy, beauty salon, health club, beach club, skin
care salon, acupuncture, chiropractic office and day spa.
(#c) Massage Technician. Any person who
administers a massage to another person in exchange #er
rmm~~n n+i.~n r +h~..~ nnfin.~ ..+...~cc.~no oc here'.,
def+r~edfor money or any other consideration.
(d) Massage Technician Permit. The permit required
to administer massage for money or any other consideration.
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4
(e) Off-Premises Massage. A massage conducted
for money or any other consideration at a location other than
a Massage. Establishment.
(fl Off-Premises Massage Permit. The permit
required to administer Off-Premises Massage.
(g) Operator. The person who holds the Operator's
Permit.
(h) Operator's Permit. The permit required pi+rs~+aat
to operate a rr~Massage
eEstablishment ^~ ^~ ^~°m'°° ^, ° " ~°
#h.+n #h°. m on+.+h Gohm^n# ~.~h'nh h..c h^en lin^nc.°r!
(i) Responsible Employee. Any person(s) designated
by the Operator to conduct day-to-day operations of the
Massage Establishment. Such a person must hold either an
Operator's Permit or a Massage Technician Permit.
5
Section 6.104.020. Operator's pPermit required.
Except as provided for in Section 6.104:170; no
person shall operate a a~Massage eEstablishment er-e#-
^~°^'~°° ^~ ° h"°~^°°° within the City without first
obtaining an aOperator's pPermit pursuant to the provisions
of this Chapter and ° ^ +"° ^ ^~ "~ ~°~^^°° ''^°^°°
complying with all other
applicable local and state laws, including, but not limited to,
laws requiring business licenses, establishing land use
restrictions, and complving with all red light abatement
provisions set forth in Penal Code Sections 11225 through.
11235 regarding the operation of a Massage Establishment.
Section 6.104.030. Application and examination
for oOperator's Permit.
Any person desiring ah sOperator's pPermit for a
raMassage eEstablishment ^• ^~ ^
shall file a written application with the
Revenue Division of the City e~San#a--Meaisa
oh a form required by the Chief of Police, pay filing fees, ttie
°mr. n+.,f whinh ch.~il h° °oMhfio h°r! h.. r.r~Jin^nn°
°~^~ +•^.. ^ ^+h°.1^,.,+..~ .., ^ and pass an examination
administered by the City. The application shall be completed
6
and signed by the owner of the proposed Massage
Establishment, if a sole proprietorship; one general partner,
if the owner is a partnership or LLP; one officer or one
director, if the owner is a corporation or LLC; and one
participant, if the owner is a joint venture, one trustee if the
owner is a trust. The application shall be deemed complete
if it contains or be-is accompanied by the following:
(a) A °+°*°,,,°..+ ^^..+^;..;..° description of the type of
ownership of the business, i.e., ~^•"°+"°• "•• ~^~''~•'~'• ^~
If the owner is an
individual, his or her name and residence address shall be
set forth oh the application. If the applicant is a corporation,
the name of the corporation shall be set forth exactly as
shown in its articles of incorporation or charter together with
the state and date of incorporation and the names and
residence addresses of each of its current officers and
directors, and of each stockholder holding more than five
percent (5%) of the stock of that corporation, and the name
and address df the corporation's current agent for service of
process. If the applicant is a partnership, the application
shall set forth the name and residence address of each of
the partners, including limited partners. If the applicant is a
limited partnership, it shall attach to the application a copy of
7
its certificate of limited partnership filed with the Secretary of
State. If one or more of the partners is a corporation the
provisions of this subsection pertaining to corporations shall
apply. An applicant corporation or partnership shall
designate one officer or general partner to act as the
Responsible Managing Officer and that person shall
complete and sign all forms required of an individual
applicant by this Chapter. The Responsible Managing
Officer may be different from the Responsible Employee.
(b) A statement containing the precise name under
which the r~Massage eEstablishment ^~~~m ~~
^,°°°°°° "~ ~°~^°°° ~° +^ will be conducted; and the
F~ A statement s +enzFE^:rg-th,~complete address
and all telephone numbers of the r~Massage eEstablishment
nr^K nr°mic°c m ° hn~'n
{d~ A stutcr^°^+ ^^+ ^^~complete list of the
names and current residence addresses of all proposed
a~Massage tTechnicians and other employees and other
persons working_in the +~Massage eEstablishment~r-eft-
~..,;^°^ ^~ ° "~ ~° ^^°^ with a description of the job
duties or function of each person.
aad-tThe name and current residence addresses
of the ^~°^°^°~ ^~ ^~°^°^~^^ °~^^'^~~°° Responsible
Employee proposed to be principally in charge of the
operation of the Massage eEstablishment ^~ee
^,°°°°^° ~~ ~°'^°°° if that person is different from the
Operator.
(e) The following personal information and
identificatioh concerning the applicant, if the applicant is an
individual, or the Responsible Managing Officer, if the
applicant is an entity:
(1) Name and complete residence address.
(2) Two immediately prior residence addresses.
(3) Date of birth.
(4) Height, weight, color of hair and eyes, and~ex
eg nder.
(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
tx~Massage eEstablishment or similar business in this or any
other city or state under license or permit has had such
9
license or permit denied, revoked, or suspended and the
reasons therefore.
(6) All criminal convictions including pleas of nolo
contendere within the last ten (10) years, including those
which have been dismissed or expunged under the
provisions of Section 1203.4 of the Penal Code, but
excluding infraction violations
the date of each such conviction or plea and the sentence
therefore.
(~-7) A valid California driver's license or valid
California identification card.
(~8) Two front-faced portrait photographs at least
two inches by two inches in size taken by the Police
Department.
(~~ A complete set of fingerprints taken by the
Police Department. ; " "
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nenerol r~~rFn or .f n nn hn~rohin~ nn nh e~ffinor .~nr7 rJ"ren+r.r 'f
10
(10) The name and address of the owner and lessor
of the real property upon which or in which the Massage
Establishment is to be conducted. In the event the applicant
is not the legal owner of the real propertv, the application
must be accompanied by a copy of the lease and a notarized
acknowledgement from the owner of the real propertv that a
Massage Establishment will be located on the real propertv.
(11) A site plan depicting the building and unit
proposed for the Massage Establishment and a dimensional
interior floor plan depicting how the Massage Establishment
will comply with this Chapter and other applicable laws,
including all health, zoning, fire and safety requirements and
standards.
(g12) Such other information and identification as is
reasonably deemed necessary by the Chief of Police to fulfill
the purposes of this Chapter.
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(+13) A statement in writing by the applicant
authorizing the City, its agents and employees to seek
verification of the information contained in the application
11
and attesting that the applicant certifies
"° ^• ^"° ^°.+;f,°~' under penalty of perjury that all
information contained in the application is true and correct.
Prior to the issuance of an eOperator's pPermit~as-e#f-
^~°^~'°°° ^ °•°*^•'° ^ ^~'« the applicant or Responsible
Managing Officer must pass a written examination. The
e.,., ^..+.^^ ~"..~~ "° given by the o°~~^^^°~ n°^„+^,°^+
Citv: The examination shall be oiven
„°.~.,.~~,..,n„ "„+"° r"~°a .,f D.,li..° on a monthly basis and
shall include. T"° ° ^°+~^^ °"°" ~^^'^~'° the
requirements of this Chapter to ensure substantial
understanding of the eOperator's and
t~aaageFSResponsible Employee's duties: An applicant who
fails the examination may retake it; however, an applicant
who fails the examination three times shall be ineligible to re-
take the examination for one year thereafter the third failed
examination. An additional fee may be imposed by the City
for each re-examination.
Section 6.104.0540. Conditions of permit
issuance of Massage Operator's Permit.
12
The Chief of Police shall condition the issuance of any
Massage eOperator's Permit to ensure compliance with this
Chapter and other applicable laws, including all health,
zoning, fire and safety requirements and standards. Such
conditions shall include, but not be limited to; the following:
(a1)
eper-atiea-All front reception, hallway and front exterior
doors (except back or rear exterior doors used only for
employee entrance to and exit from the Massage
Establishment) shall be kept unlocked durina business
hours. No massage may be given within any cubicle room.
booth or any area within the Massage Establishment which
is fitted with a door capable of being locked, unless that door
is an exterior door. No electronic locking device may be
utilized on. any entrance door.
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(2) Except to the extent required by written
prescription issued and signed by a physician licensed in the
State of California, no Massage Technician or employee
shall massage the genitals, gluteal fold, or anal area of any
patron, or the breasts of any female patron, .nor shall anv
Operator or Responsible Employee of a Massage
Establishment allow or permit such massage. No Operator
or Responsible Employee, while performing anv task or
service associated with the Massage Establishment, shall be
present in anv room with another person unless the person's
genitals. gluteal fold. anus. or. in the case of a female. her
breast(s), are fully covered
(3) No person or entity granted an Operator's permit
pursuant to this Chapter shall use any name or conduct
14
business under any designation other than that specified in
his or her Operator's Permit; and no business shall be
conducted other than the business authorized by the permit.
(4) All Massage Establishments shall have an
Operator or Responsible Emplovee on the premises at all
times the Massage Establishment is open. The Operator of
each Massage Establishment shall file a statement with the
Revenue Division designating the person or persons with
power to act as a Responsible Employee. The Operator or
the on-duty Responsible Emplovee in the Operator's
absence shall post, on a daily basis, the name of each on-
duty Responsible Emplovee and each on-duty Technician in
a conspicuous public place in the lobby of the Massage
Establishment. The Operator, or the Responsible Employee
in the Operator's absence, shall be responsible for ensuring
compliance with this Chapter
(5) No Massage Establishment shall be open for
business without having a valid Operator's Permit. The
Operator, or in the Operator's absence the designated
Responsible Emplovee, and at least one Massage
Technician holding a current valid permit for that specific
Establishment shall be on the premises and on duty at all
times when the Massage Establishment is open.
15
(6) The Operator, or the Responsible Employee in
the_Operator's absence, shall ensure that the Massage
Establishment Permit and the Massage Technician Permit
for each on-duty Massage Technician are conspicuously
displayed in a public place in the lobby and shall ensure that
each Massage Technician is wearing or has in his or her
possession the photo identification card required by Section
6.104.070 at all times when in the Massage Establishment.
The photo identification card shall be presented to the
representatives of the City, including a police officer upon
request.
~7) The Operator, or the Responsible Employee in
the Operator's absence, shall be responsible for the conduct
of all employees, including the Massage Technicians, while
they are at the Massage Establishment. All persons found
working in the Massage Establishment shall be considered
employees of the Operator for purposes of this Chapter
including independent contractors and unpaid volunteers.
Any act or omission of such person that constitutes a
violation of the provisions of this Chapter shall be deemed to
be the act or omission of the Operator for purposes of
determining whether the Operator's Permit shall be revoked
suspended: denied or renewed.
16
(8) No Operator or Responsible Employee shall
employ any person as a Massage Technician who does not
have, .prior to such emplovment, a valid Massage Technician
Permit issued pursuant to this Chapter for the specific
Massage Establishment at which the Technician is to be
employed. In addition, every Operator or Responsible
Employee shall report to the Revenue Division anv change
of employees, including anv change of Massage
Technicians, whether by new or renewed emplovment,
discharge or termination, on the form and in the manner
required by the Revenue Division. The report shall contain
the name of the employee and the date of hire or
termination. The report shall be made within three (3)
working days of the date of hire or termination. The
Operator shall deliver the permit and photo identification
card of anv Massage Technician no longer employed by the
Operator to the Revenue Division within three (3) working
days of the date of termination of the Massage Technician.
(9) All persons, including the Operator, Responsible
Employee, Massage Technicians and all other persons
working in the Massage Establishment, shall be fully clothed
at all times and shall wear clean outer garments. Clothing
shall be of a fully opaque, non-transparent material and shall
17
provide complete covering of the genitals, gehital area,
buttocks and female breasts of such persons, Massaae
Technicians and other persons working in the Massage
Establishment.
(10) The Operator, or the Responsible Emplovee in
the Operator's absence, shall maintain a register of all
employees, including all Massage Technicians and all other
persons working in the Massage Establishment, showing the
name, nicknames and aliases used by such person, home
address, age; birth date, gender, height, weight, color of hair
and eyes, telephone numbers, social security number, date
of employment and termination, if any, and duties of each
employee. By the tenth day of each quarter, the Operator,
or the Responsible Employee in the Operator's absence,
shall file with the Revenue Division a copy of the register
showing all persons who worked on the premises during the
preceding quarter. The above information on each
employee shall be maintained in the register on the premises
fora period of two (2) years following termination of the
employee. The Operator, or the Responsible Emplovee on
duty in the Operator's absence, shall make the register of
employees available to representatives of the City, including
a police officer, upon request.
18
(11) Each Operator shall provide the Revenue
Division with evidence of the insurance required by Section
6.104.090 prior to the date of issuance of the Operator's
Permit.
(e12) The ;;,.,~^.,^e e^..,hr~hrv,e^, ,.. „~ ^
+~~i~~sage-business-Operator and the Responsible Employee
shall comply with all provisions of this Chapter and all other
applicable laws, including, but not limited to, all red light
abatement provisions set forth in Penal Code Sections
11225 through 11235.
Section 6.104.050. Massage tTechnician Permit
required.
No person shall perform massage in a rrtMassage
eEstablishment; or as an aOff-pPremises +~Massage
h~,~i^e~~Te^h7ninn^Technician, aFfor cempe^°„patio:-~money
or anv other consideration unless such person has in effect a
19
valid r~Massage tTechnician pPermit issued pursuant to
.this Chapter.
!rl\ C~inni hnlrlnr of °n nncr~fnr'c. n m'+ .nrJ°r 4hic
h~nn°c of °mnlnv °°n ~.~h°#hn r by n u nr ron°.u°rl
~
mnl of rlionh
mc
c .+m° r #nrm
° ino#inn 'nM+inn th° n of
nm°
.
e,i p~
~~i y..,
the
~m••
ai
a e-ern
tr=
e
d'
# ho.,..° Th° r n.f ohnll h
-
-
~~
m~+r7° ..~ifhin f\.n r! t
-
a
c
_
°. of 4h° nh. n~nn'°9°
Section 6.104.0>i60. Application and examination
for rr~Massage tTechnician's Permit.
Any person desiring a rr~Massage tTechnician pPermit
+r~for either a r»Massage eEstablishment or as an eOff-
pPremises a}Massage ;~r~,~s Technician; shall file a
written application with the °i~°~^°°°' ~^°^°° Revenue
Division on
a form required by the Chief of Police, pay filing fees; the.
20
re~„1 +'„r „+he~ h,.,+ I .,, ..~ and pass an examination
administered by the~ity Countv of Los Angeles. the
1 ' (1+F' ~h II L .J + +' + ho+h
cT V i.~=r~°cti'rrto~~azr°cc°cin-rrrrarivr'r-a~-~v=v"vrrccr ~ °ci-vr-
tqe-a~p4isatiea-The application shall be completed and
signed by the person desiring the Massage Technician
Permit. The application shall be deemed complete if it
contains or his accompanied by the following:
~a) If Ln..,.... ., ~+.,+e.,,e.,+ .,+ For an on-premises
Massage Technician, the exact leeatien-name of the
Massage Establishment at which the applicant will be
working as a Massage Technician and the exact address of
the location of the Massage Establishment at which the
applicant will be working as a n}Massage tTechnician~ ors for
an Off-Premises Massage Technician, the central business
address #er-of an eOff-pPremises reMassage tTechnician,
Either shall. include, '"~"^^ the full street address and all
telephone numbers associated with said-the location. If the
applicant will be working in a reMassage eEstablishment, the
application shall indicate the exact name-and-address
all telephone numbers of the rnMassage eEstablishment.
21
(b) A statement in writing from a physician licensed
in the State of California on a form approved by the Chief of
Police that ne-e;~-the physician has examined the
applicant within the past thirty-day period preceding said-the
application and has found the applicant to be free from all
communicable diseases.
(c) The following personal information and
identification concerning the applicant:
(1) Name and complete residence address.
(2) Two immediately prior residence addresses.
(3) Date of birth.
(4) Height, weight, color of hair and eyes, and-sex
eg nder.
(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 rxrMassage eEstablishment
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 therefore.
22
(6) All criminal convictions including pleas of nolo
contendere within the last ten (101 years, including those
which have been dismissed or expunged under the
provisions of Section 1203.4 of the Penal Code, but
excluding infraction violations, and the
date of each such conviction or plea and the sentence
therefore.
_~~I€#f+e-app,~oa, rt-pos.>esses-e„~a~a„~-o„ned
e+..+o~ ,
~a~~-o,sa;
(~-7) A valid California driver's license or valid
California identification card.
(~8) Two front-faced portrait photographs at least
two inches by two inches in size taken by the Police
Department.
(~9) A complete set of fingerprints taken by the
Police Department.
(ed) A diploma or certificate of graduation and a
certified transcript from an approved massage school. The
term "approved massage school" means and includes a
school or institution of learning licensed by the State of
23
California and approved by the State Superintendent of
Public Instruction pursuant to Education Code Section
94311(d) and reviewed by the Superintendent within the
preceding 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 ^^° ~" ""''°^' fa„ five
hundred (500) hours. The term "approved massage 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
requires a resident course of study of not less than eae
ktund~five hundred (500) hours. An applicant who
attended an out-of-state school shalt 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.
24
Notwithstanding the foregoing, the Chief of Police
may determine that a particular school does not qualify as an
"approved massage school" 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.
~TAa`~,",or+zati^~"e-5~=;ts-a9e+~#s-a;,~.
+n-tMe-appliEatier}
(e) Proof of passage of the Los Angeles County
examination for Massage Technicians.
(fl Evidence of the insurance required by Section
6.104.090.
(fig) A statement in writing by the applicant
authorizing the City, its agents and employees to seek
verification of the information contained in the application
and attesting that the applicant certifies t~~'„~~-.,e-o;-~;e
c-~rt;fed-under penalty of perjury that all information
contained in the application is true and correct.
25
(#h) Such other information and identification as
deemed necessary by the Chief of Police to fulfill the
purposes of this Chapter.
nnhi rf nrl nhnll hn
o,ic n.4.~+nr1 n nrl
i
b
'
er
ed
~ ^ ^
t
h
V}
e~O~PBIIF
e Tho ov nmin.~+fnn c. h. ~il
~
~
~-
y
-
N
l
i r
iC-br
~
. . ,
+hn .Jmm~n# n ++hn !`h'nf of Dnl'n n f~'rl,i rln+nrminn +hn
r
+hn +nlln, uinn c, h'nn+n~ inn+nmv n hvcinln nv hvn'c nc
'+.+f' nn +hnnn nnA n rnn+inn n+hino nfm oc c~nc
~ i i
hn rnrl
nrnn.+ n -nr! nm.Jnrl by
',.nn n .~ I'n
nn nrl hn~i#h no
c rn
vc 1... ..i...,.. .,.., y
rn+nccinn~l n ...,...... ... ~. _...__ .~~
n+hnr nnronn u~hn " ..__..
mnc+c +h ___ .._~._. __.
c rcn ,'romc _
n+c cq}
fnr+h 'n Cnn+inn G2 4llA 47/1/h\ ..nrl whn h.+~ hnnn linnncn .4 n
.+n+'nnA inr f'.i Ann nl 'nont ,nihn fo'Ic +hc
n.++inn m n +~Ln '+~ h..,. .n,mr .~ nGnnn+,..hn fn8o
+hn nv-+m'n~.+'nn +h rnn t'm ohn li hn innlin'hln }n rn }n Ln 4hn
v is .,.....~ ~ ... ............ .. ~-~.......,..... ...
n..};nn f..r ., r+hnrn., ..., ..... ..~..,. `- ...... ..... ,.....~-
++nr L1n .+rlri'+'n of fnn m
hn 'm cnrJ by thn ("#,i +nr nosh r nnf'n
26
nerm'+ nholl h e c hien# #n .n e.~l by 4he .~ ier•
..I'non+ ., . drle.J Oho++he .~ of i~ +o Len ..~+h'.. +ho +'m
Section 6.104.408070.. Conditions of ep rmit
issuance of +~Massage tTechnician's pPermits.
The Chief of Police shall condition the issuance of a~
perm+t-#sr-a-rr~Massage tTechnician's pPermit to ensure
compliance with this Chapter and other applicable laws.
Such conditions shall include, but not be limited to, the
following:
~(~ That the 'Massage
Technician must be wearing or have in his or her possession
27
a-the photo identification card prepared by the Police
Department when working pursuant to the pPermit. The
photo identification card shall be promptly presented to any
peace-the representatives of the City, including a police
officer upon request. If a Massage Technician
intends to changes his or her business address as
he or she shall be
required, prior
to such change occurring, to obtain from the Police
Department a new photo identification card showing the new
business address of the Massage Technician.
~~ That if the applicant is authorized to conduct
eOff-pPremises n}Massage, that sOff-pPremises n}Massage
shall not be conducted in a hotel, motel, or other commercial
establishment except in the an-office e~ied-by-of the
customer.
pfd) That when working pursuant to the pPermit,
the per~+t-#eldeFMassage Technician 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
repetitive contact with the genitals or anus of another
person.
28
/e Aln m °+°nhn'ni.~n °mnlnv°A by ^n Arlnl4
~~
Cn#°r#.~inm°nt
I Ic.+ nn rl^f'nc,r7 'n !`h^n+°r O AA ..f A rFnl° O of
oari-r°u-tnrtc
~{#3 No +x~Massage tTechnician employed by a
+~Massage eEstablishment may engage in any aOff-
pPremises r~Massage business without applying for and
beina issued a separate Off-Premises Massage Technician
Permit
Section 6.104.0480. AperateFProcessing
Operator's, and Technician's applications; and the
issuing of permits ^^^~'°+ °°°"^~^° ~^' ''^~~°'.
(`h' f f O '1' V,-.u ..^nr7„nt .+ ,DOt'..ntir.n nh
o „~. _, n in, in ~,
c ha nr ch° r!°°m r^nr'oto r.rrJ°r 4n
a~ _`-F^._ _ ,..h°+h°r c nt. n°rm it nhr., d.J h° i~ erl ~
,_ _... _
r°^~~~,~,e~d-The Chief of Police shall exercise his or her
discretion to approve, conditionally approve; or deny the-
application under this Chapter '
af-afl~within sixty (60) days after it is deemed
complete. The sixty (60} day period for processing may be
extended for up to an additional thirty (30) days if necessary
29
to complete an investigation of the applicant, the application
or the proposed location. The Chief of Police shall issue
sash-the permit ~uhless *"° ~"'°F ^F °nli^°
m-.Lnc. ~, of+hn Fnun..,i„n F~n.Jinn^ he or she makes anv of
the following findings:
(a) The applicant °^~~ ^°r°^^ '^^I„r,i^^ h„+ nn+
r •+ .~ +n n nln.,nn~ ,.,hn ,.,al hg rtirn^+I„ n nnr+ n
m nnn r
, ,...,, .,...r....~., ~ ........ ..... _...... .,.,..~ _..~_a__ _.
nln"nr7 'n +hn m.+^c.nn no+nhl'^hmnn+ n nFF nrgmi^g
^~^^°^^° " ^i^°°°, has within five (5) years prior to the
application date:
been convicted of or pled to a violation of Health
and Safety Code Section 11550 or a violation of Penal Code
Sections 266h, 266i, 3315, 316, 318, 647 a or 647(b)~r
h ~J ^ nrn nF Mhn nhnvn mnn#'nn°rJ nFFgncg
+h ~.+.+ h nrd #n rgn'c+nr nrlnr+hg
or a violation of anv
provision of this Chapter, or anv previous Chapter to which
this is the successor Chapter
(b2)
nln.,°nc. ,ahn ,~i II hn .Jirnn+hi nnnnn nr! nr gmnlnvgr7 in 4h5p
m
.,...., ,.. ........, ..... ,~....~ .,..y...~..,..... .,...~._~__ ......_
30
m~+ con° °cMhlichm°n4 r+r nfF v~r°m'c°c moacor.° hnci^°~n
k~as-been convicted of or pled to any felony offense involving
the sale of a controlled substance specified in Health and
Safety Code Sections 11054, 11055, 11056, 11057, or
11058
„rs°..~ ,.,h'..h 'f ...,mm•++°,~ ., ^++°m..+°.a '.. +h•o ct°+„ ~ ~irr
^~°^''^^°a ^*~°^°°°; or of anv felony offense which
substantially relates to the applicant's qualifications,
functions or duties under this Chapter.
(3) been required to register under the provisions of
Penal Code Section 290.
been convicted of or pled to anv offense in any
other state which is the equivalent of anv of the offenses
specified above.
(5) been convicted of or pled to a lesser offense as a
result of a plea negotiation in a case where the applicant
was originally charged with anv of the crimes listed in this
subsection (a).
j6) been subjected to a permanent injunction against
the conducting or maintaining of a nuisance pursuant to
Sections 11225 through 11235 of the Penal Code, or anv
31
similar provisions of law in a jurisdiction outside the State of
California.
(b) The applicant has, within three (3) years prior to
the application date:
(~.'~~ An„ n nnI r!'n huh nn+ limi+nr! #n
` "~ ".
cmnlnvnnc ~nihn will hn rl'rnn+Li n n.J n nlnvnrl in 4hn
ncc~no cc#~hl'ohmnn# n T4f n o h rcinccc
a~~M r nccnn
~., ,,.,.~.,...,..,,..,....,. ... rr ........................y.......... ..,., ,
has-committed an act, which, if done bye
ittee-a Permit holder under this Chapter, would be
grounds for suspension or revocation ofn-l:~is~ofthe
gPermit.
/~L~ fin., no innl~ rlinn h,~4 nn# lim i4nr! +n
I ` Cahn will hn rl'rnn+hi nnn on nr# n nlnvn.J 'n +h
n~. r nm
nccnnn nc.Mhliohmnnt nr nff nremicoc mocconc h~ cincc~,
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 governed bV this chapter.
}hn m nn+~.hl'ohmnn+ n nfF n nronnn
h
va~=r°v-vv.
32
(c) the Massage Establishment as proposed by the
applicant does not comply with all applicable laws, including,
but not limited to, health zoning, nuisance fire and safety
requirements and standards.
nFF n o h~ n nlrl if nlln...nr7 nn+i+n+o
(#d) The applicant has knowingly made a false,
misleading, or fraudulent statement of fact to the Cityan-the
on his or her application:
(ge) The application does not contain the
information required by this Chapter.
(#fl The applicant has not satisfied the requirements
of this-Bede Chapter.
1 Inns r 'nt of o a~iri+#on ~nnl'nn+'nn fnr n n m'# #hn
(`h'e+nf DnI'n nh~.ll nnnrl n+.~ on#in.++'n 'n n ,nh
vrtac, ... ..,...... ... ........... .......... ..... ...... ..~.......~~ ...........
c ho nr the r4eemn n '.n+o nrrlor +n
i
rerv on+o r7 The ('h'of of Dr~l'no chnll n nnrl i+inn.nllai
33
Kenn n 'n+nrl in n#hnr C+.,4n of nn v nffnnn n ~.rh inh if
'n hnr! .~ n nr m of thn nhnvn mnn+in n nr! nffnnco
4h..4 #h 1'nn nYin m 'rnrl to r n'c 4nr nrl nr thn
ff.,nn., inhi nn thn cnlo of n
In\ nn..4rnllnr! nnhc4 n nnn cn nn'f'cr!
v11 G~.v
., ..........y ..., ...,...... . ... ..... ... ..__ ____. ~..__ _~" __...__
7 4l1G7 9 4l1GQ hg
V, intnr7 ;n .
:' nthnr C 4N4n of
~
~~ ~ ~...
... ...
. j ... .. .
nffnncn uih'nh if nnmm'Mn rl n n44nm n4nrl 'n #hic C# o4n
r r
mnn#'nncrl nffn
r ~
34
rlichnnecfii frog irf r rlenei+ viith the in+en++n nnh~tn n+i.nlly
n
hnnnf'i him cnlf bore nlf nr -inn+hnr nr c~ he+-~n#i-~Ila +n in
i
m'c le.~rl'n nr fm~ a~ Jnn+ n+n+mm~n+ of fnn++n the rifi~ in +he
e
nermi# fnr o occ~no +onh nininnb n mi4 +n o
35
h h hnll h rl 'thin f".,n /~.\ ,-l n,.~ nRer c, nh
onn th nt nfF n 'cnc mocc ono cho^ nn+ he
inc~o mncc rom
rl t rl h t l t I I 4 h l' h 4
rc or
/rl\ Th..t h n Linn n ono to then m't th
~~ ...,......y I. ............ .. ... ..._ ~_......, ..._
'4 hnLJor mm, nn# nvnn o h'c. r her nor'tolc nr huttnnJc~
th f n f ..1 h r hreno4/c\ nr moLe 'nte nt'n of
. n
cn~n a,c .,......, ... ... ..,.........~ ..... ... ........~_~~ _. ...~.._ ...__...._~'. _..
36
Gn+°.+n~n.,,°n+ i i~° ~ ,~°+.n°.+ .n rh.,n+°. o nn .,+ n.+~ni,, n ..f
Section 6.104.x-48090. Massage
r^-`.try tsensReguirements for All Massage
Establishments.
The requirements of this Section apply to ever
m^cc.+n° °n+nhG~.hmc~n+ all 'n +h° r'+,~ ^nrl 4n °
Massage +°~;seiF,TEstablishments in the City °° ~'-a~-~~',',^,ed-i,~
(a) All Massage Establishments shall have an
Operator or Responsible Employee on the premises at all
times when the Massage Establishment is open.
(ab) No person shall give, or assist in the giving, of
any massage to any person under the age of eighteen
37
years, unless the parent or guardian of such minor person
has consented thereto in writing.
(bc) each-The sOperator, or the Responsible
Employee in the Operator's absence, shall erect and
maintain, .,r+°• ,."+.,;.,..,,. +h° ~ ..,•+~ a
recognizable and readable sign ##~at ~~^"-tee adjacent
to the main entrance identifying the premises as a
aaMassage eEstablishment. The signs may not use any
strobe lights or other flashing lights to illuminate the front of
the business. G°^h ^^°r^+,.. ~h,„ ,,,,,,° .,,,~+°,~ ;
I° ~.+'n r n +h° °c ~n~h°r° +h° m
~.+'.. c. +., h° nr.nrJ ..+°rf +hn rn4°r'c. r, m'+ oo .cc °A
The Operator. or the Responsible
Employee in the Operator's absence shall also post and
maintain a list of services available and the cost of each. No
Operator or Responsible Employee shall permit, and no
Technician shall offeror perform, any service other than
those posted and for the cost of the service as posted.
(sd) €ae-h-The eOperator, or the Responsible
Employee in the Operator's absence, shall provide in each
room where massages are given; sufficient lighting and
ventilation as required by the 1~}#errrrBuilding Code.
Lighting in each massage room shall be at (east one 40 watt
38
white light bulb which shall be activated at all times while a
patron is in the room. No strobe lights, colored lights, or
colored light coverings shall be used.
(fie) ~.,.,.., .,, .,..,. ~~+.,Nr N.,,~.,+ ~h~ii {From time
to time and during business hours, City and County health
and safety personnel, including a police officer, may a#-least
o„ce-a-year-Q~inspeCted ~" +he ne.,.,.+,,,o.,+ „a uo,~+h the
premises for the purpose of determining *"^++t
~ ^^~1° ^^°~m,y~,~Tare~;,~ compliance with state and local laws. An
Operator. Responsible Employee. or any agent thereof shall
allow such inspections; and it is a violation of this Chapter if
he or she refuses to permit or interferes with a lawful
inspection
(e17 A minimum of one tub or shower; and one toilet
and washbasin shall be provided for the patrons in every
+x~Massage eEstablishment. If male and female patrons are
to be served simultaneously, and if steam rooms and saunas
are provided, separate steam rooms e~and saunas shall be
provided for male and female patrons. Hotand cold running
water under pressure shall be provided to all wash basins,
bathtubs, showers, and similar equipment. Each wash basin
39
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 for patrons, a minimum of one
separate wash basin shall be provided in each rwMassage
eEstablishment, which basin shall provide soap or detergent
and hot running water at all times and shall be located within
or as close as practically possible to the area devoted to the
performing of massage services. '^ ^~'~''+;^^ +"°.° ~"^" "°
'r7 rJ .++ ~+nh .. ~. c.hh.ecin nn'#nn. 4^v.~°Ic r.l.~n°r! '^
i c
pry ...... ......... ........ ...........~ ....... .~ ,... _._ ,'."___ ...
°..,..,^
°^+~r, ~^~+°'~°,~ ,~'~^°^~°. 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
e~massages.
(#g) No person shall operate a a~Massage
eEstablishment or work as an Off Premises Massage
Techniciah; or administer a massage as herein defined is
°°°^° °°+°"''°"r^°^+ for money or any other
consideration between the hours of t°~r, +10:30 p.m. and
=7:00 a.m.
(gh) No person licensed to do business as herein
provided shall operate under any name or conduct business
40
under any designation or location not specified in his or her
PPermit.
(fri) No person shall enter, be, or remain in any part
of a ~tMassage eEstablishment licensed under this Chapter
while in possession of, consuming, using, or under the
influence of any alcoholic beverage or drug. The owner,
sOperator, and reanageFResponsible Employee shall each
be responsible for ensuring that no such person shall enter
or remain ~ ^ *"°'~^°^^°^' ^ ^ in a Massage
Establishment. No person while conducting business. as an
Off-Premises Massage Technician, shall be in possession
of or under the influence of any alcoholic beverage or
drugs.
(+i) No building or part thereof used as a tx~Massage
eEstablishment and no location at which an Off-Premises
Massage Technician works 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 a y room used by the business-sus#emers patrons;
nor shall any such equipment be used to record, videotape
or monitor a person receiving a massage without that
person's written consent in advance.
41
(jk) No Operator or Responsible Employee of any
a~Massage eEstablishment issued a permit under this
Chapter shall send a reMassage tTechnicians off the
premises for the purposes of administering a massage, nor
shall the a~Massage eEstablishment or any part thereof be
used by any employee, eOperator, reanagerResponsible
Employee, or owner to receive or accept such requests for
eOff-pPremises +~Massages, except when such eOff-
Premises rrrMassage is permitted by this Chapter. No
person holding an Off-Premises Massage Technician Permit
shall conduct massage, whether or not for compensation, at
a hotel motel or any other commercial establishment except
in the office of the customer.
(#I) ,Every rrtMassage tTechnician shall, while
working in a r~aMassage eEstablishment, shah-display his or
her permit in a conspicuous place within the reMassage
eEstablishment so that' game-it may be readily seen by
persons entering the premises.
(1m) No t~Massage tTechhician shall, while
^~m,6,-.g-when working pursuant to the Permit, perform
any massage or associated task, while exposein~c his or her
genitals, buttocks, or, in the case of a female, her breast(s)
42
or make intentional contact or occasional and repetitive
contact with the genitals or anus of another person.
(mn) All persons, including the Operator,
Responsible Employee and the mMassage tTechnicians and
all other persons working in mMassage eEstablishments
shall be fully clothed at all times and shall wear clean outer
garments. T~",~°^°~^~~,~°„~Clothing shall be must-be-of a
fully opaque, non-transparent material and shall provide
complete covering of the genitals, genital area, buttocks and
female breasts of such °^°^'~.,,,~yeee persons, mMassage
tTechnicians, and ^+-~te~~.;-,~ other persons working in the
Massage Establishment.
(rro) Each Massage Eestablishment shall provide to
all patrons; clean, sanitary and opaque coverings capable of
covering the patrons' ° °^''~°~' °^°+^^,~^°' °~°^° ~^^'~ ~~'~^^
genitals, the-genital area,, armbuttocks and female breasts.
No common use of such coverings shall be permitted and re-
use is prohibited unless coverings are adequately cleaned
between uses.
(ep) No mMassage tTechnician shall, when working
pursuant to a Permit, perform, ~^~"~'° ^°~'^~^,~^^ any
massage or associated task, °", °"^"ent in any room
43
with another person unless that person's genitals, genital
area, buttocks and female breasts are fully covered.
(pq) Standard or portable massage tables with
durable, washable plastic or other waterproof material as
covering shall be used for massage. 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.
(qr) Every person operating a reMassage
eEstablishment and each person doing business as a
reMassage tTechnician shall keep a record of the dates and
hours of each treatment or service, name, address and birth
date of the patron to-which shall be verified by the patron
showing legal identification prior to the provision of service,
the name of the Massage tTechnician administering such
service and a description of the 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, including a police officer, charged with the
enforcement of the provisions of this Cedehapter. The
information furnished or secured as a result of any such
records shall be used only to ensure and enforce compliance
44
with this Chapter and other applicable laws and shall
otherwise remain confidential. Officials charged with
enforcement of this Chapter shall periodically inspect said
the records to ensure compliance with this-~estiea Chapter.
The records r°°~~'r°r, h.,+";° ° "°°^+'^^ shall be maintained
for a period of not less than one year.
nrnmic°c mnro~nn Mnhnininn nhnll h° .n of n
N ~ ~
+nnh n'n'nn n°rm ~i ohnll nnnA~ ni m u~hnih nr n nn+fnr
rmm~n..n nHnr. ni n . hninl mni.a n n+h°r nnmm°minl
45
nrnncoc of ih'o ho en#'r. n hn#ol r m chill nn4 ho
(s) All Operators and all On-Premises and Off-
Premises Massage Technicians shall keep on file with the
Revenue Division in full force and effect at all times,
documents issued by an insurance company authorized to
do business in the State of California evidencing that the
Permit holder is insured under a liability insurance policy
providing minimum coverage of $100 000.00 for iniury or
death to one person arising out of the operation of any
Massage Establishment in the case of the Massage
Establishment, or the administration of a massage, in the
case of the Massage Technician.
(t) All Massage Establishments must comply with all
state and federal laws and regulations for disabled
customers. No Massage Establishment Operator,
Responsible Employee or Massage Technician may
discriminate or exclude patrons. on the basis of race,
46
nationality, gender, sexual orientation, religion, age, or
disability.
(u) The Chief of Police may require that the following
notice be posted in the event that any employee of the
Massage Establishment or any person who has been aided
and abetted by an employee of the Massage Establishment
has been found, after hearing by administrative proceeding
or by court conviction or plea, to have violated any
provisions listed in this Chapter:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE
MASSAGE ROOMS DO NOT PROVIDE COMPLETE
PRIVACY AND ARE SUBJECT TO INSPECTION BY THE
SANTA MONICA POLICE DEPARTMENT AND CODE
ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE.
47
/~hinf of D.,linn rlnc'nnn+inn 4hn n .,1h
Section 6.104.438100. Changes ofe
Operators.
Every a~Massage eEstablishment aOperator shall
report immediately to the Chief of Police any and all changes
of ownership or management of the rrtMassage
eEstablishment; including, but not limited to, changes of
Operator, Responsible Employee, manager or other person
principally in charge, stockholders holding more than ten-five
percent 5% of the stock of the corporation, officers,
directors, and partners; and +n-any and all changes of name,
style, or designation under which the business is to be
conducted, and all changes of address or telephone
numbers of the massage business.
Thn ('i+.: c R ,'Irl'n nrl Cnfnfi, Ilnnnr+mnn+ nnrl Cirn
rlnn.+hmcn+ .+nr! +hn 1 nc /1n nlnc ('n ,n+" LInn14h
rlnn.+r#mnn+ oh~.ll in nn+ #hn nrl +.. hn
fhn r rnrl nnrmR n nlinn+inn nlin nnn n
48
Section 6.104.450110. No transfer of permits:
and-duration and renewal of pPermits, °••°^^^°~^^ ^^a
reuesatie+~.
(a) No pPermit issued hereunder shall be sold or
transferablered. Any such attempted sale, assignment or
transfer shall be deemed to constitute a voluntary surrender
of such Permit and such Permit shall thereafter be null and
void.
All eOperator and r~Massage tTechnician
Permits shall be issued for tl~a period of +"tea;-;ears
.,...+ cV,.+II ° ., ++.., I^^+ ,i°., ^f +{,° f'~...~i ., . ~ I ° 4l1++,\n0
more than one (1) year, provided that the Permit holder
continues to meet the requirements of this Chapter.
(bc) Applications for +"° ^°r+ °^°• •'^° f'°^°' ••°°~
Permit renewal at the end of each fiscal year shall be filed
with the Chief of Police at least thirty (30) dates befere-prior
nrJ f+h°fi I C~inh I lin.~
to the -essa~ear~er~cwaatier+s-rnc
„°°r+., ., °.,+ ° I°..~° ^f ih° ., ^,~+expiration of the Permit.
49
(d) Each applicant for renewal shall file such
information, including but not limited to proof of insurance, as
may be required bV the Chief of Police to update the
information required for his or her original Permit application.
Each Massage Technician renewal applicant shall include a
statement in writing from a licensed physician in the State ofi
California that he or she has examined the applicant within
the past thirty (30) day period preceding the application and
has found the renewal applicant to be free from all
communicable diseases.
Section 6.104.120. Suspension, revocation, denial
and appeal.
50
(da) The Chief of Police may deny an application,
refuse to renew a Permit or }r~~revoke or suspend an
existing Permit on the grounds that the applicant or pPermit
holder has permitted violations of the Permit conditions or
otherwise failed to comply with the requirements of this
Chapter, ^ ^~+~ ~ n'+~^~ '^ C^n+'„ ~ a on nnn ^
. In any such case, the applicant or
pPermit holder shall .have the right to appeal from'a decision
of the Chief of Polic ^ +hn +•.,,o ^,,,a .:,^...,^r n^++nrFh
~~
nn.d^ Cc~n+'nn R40A ^+~^^ n+4h'c !`nrl^
(eb) No suspended Permit may be renewed. If a
suspended pPermit lapses during the suspension period, a
new application may be approved, to be effective only upon
the expiration of the period of suspension.
(fl T~~in n nl. ~tinnc of ^'+hor C ontin
inhiin^ r n.,+'n n++h^ n rn+n r'n ^ mi+
i
}h.; w. ^n+.nh Gnhm^n4 n
h.eil nn# off^nt 4h
^ c
nrJ^r 4h'c C^..+'n nGnn+In n inr n r n+nr n^rm i4 m
51
(c) When the Chief of Police concludes that grounds
for denial, suspension, revocation or refusal to renew a
Permit exist the Chief of Police shall direct service upon the
applicant or Permit holder by certified mail, return receipt
requested addressed to the business and residence
address of the applicant or Permit holder, of a Notice of
Denial or Notice of Intent to Suspend Revoke or Refuse to
Renew Permit. This Notice shall state the reasons for the
proposed action, the effective date of the decision, the right
of the applicant or Permit holder to appeal the decision to a
hearing examiner the right to submit contrary evidence
along with the appeal and that the decision will be final if no
appeal is filed within the time permitted.
(d) The right to appeal shall terminate upon
expiration of fifteen (15) days from the date of mailing of the
Notice. Any decision of the Chief of Police pursuant to this
Chapter, shall be deemed final and conclusive unless a
written notice of appeal is filed with the City Clerk prior to the
expiration of the fifteen (15) day appeal period. In the event
an appeal is timely filed any suspension or revocation shall
not be effective until a final decision has been rendered by
52
the hearing examiner. If no appeal is filed. the suspension
or revocation shall become effective upon expiration of the
period for filing the appeal. The hearing shall be set within
sixty (60) days of the date of the filing of the appeal. The
hearing. examiner shall render his or her decision within sixty
(60) days from the date of the conclusion of the hearing,
unless otherwise agreed by the parties. The decision of the
hearing examiner shall be final. The applicant shall be
entitled to notice of the basis for the proposed action, a copy
of the documents upon which the decision of the Chief of
Police was based and the opportunity to present contrary
evidence to the Chief of Police prior to the hearing and to the
hearing examiner at the hearing. Notice of the date, time
and place of the hearing shall be mailed at least ten (10)
days prior to the date of the hearing by certified mail, return
receipt requested, with proof of service attached, addressed
to the address listed on the massage Operator application,
or Massage Technician application, as the case may be.
(e) No Permit granted herein shall confer any vested
right to any person or business for more than the Permit
period. All massage Operators, Responsible Employees
and On-Site and Off-Site Massage Technicians subject to
53
this Chapter shall comply with the provisions of this Chapter
as they may be amended hereafter.
Section 6.104.x-68130. Exemption for healing arts.
The provisions of this Chapter shall not be deemed
applicable to any person who is ,
, r-..__. _..
'+h C +• inn f +h R .J D f (` .+o of
' a State licensed phvsician; surgeon,
osteopath physical therapist or any registered nurse working
on the premises of and under the direct supervision of a
State licensed phvsician, surgeon, or osteopath. No other
persons including practical nurses, licensed vocational
nurses or other persons without a Massage Technician
Permit may give massages whether or not employed by
physicians surgeons, or osteopaths.
54
nnr4if nnin mt oi+hnr~
h nr7rnr! nl.~ccrnnm hn~mn r'fn o inlen4 no#hmv
nh~idnlnnv hvn'n ni#.+t'n moc c.~nc #hnnni nnrJ
r e o r
nrnnt'n o#hinc of mnnnnnn n nnFnn Fim+ .nirJ .~nrl ('DD
i ~ r
cvnenr) the +ec#inn ronn'r.. nn#n of Cnnfinn R 1 (lA (1Q(1
55
hnv'nn hnnn is nrl +hc. n nr+'f'nntn of ~ +hnr'»+"nn
nhnll ho n .nrJ nr rJnn'n.J ...i+hin +en rfnvc. o f thn f'1'n of
mhnrc. h'n nl'f'n.+ nrnnni-.n+inn n in+inn
i
..hall hn ier7 nr r7en"erl ..i+h'n +en rlnvc o f +hn f{linn of
rle+nrm'nn.-! #h.~# +hn nrnnni-.nfin nr nnnnnin+in n nr the ni.# of
n}n4e I'n on+n +he r on#c of c hc
°^
° nntinn /h\ of +hic
w..w ,,....,,.....,,....... ~,,.. ,
y....
,,,...,....., ........ ......... ~..~ ....,,...
56
in+~, mn+ n.Jnr +h'c Cnn+'n , hn
uh'nh 4hn nnrc nn'c ncrF'finn+n of n~ 4hnr'~.~#'nn fnr cnniinn o
vrrirori ziic 1..........~......~.~.......... .. . ........ .....~.,....... .... ..... ...... .,...
/n\ ~In n rntnr'~ n ma oholl ho r rn.+ h.. +hio
C9
nrJnr +hic Cnn}'nn Ann rn+nrb n mi4 nhnll ho r rnrl h.r
57
Section 6.104.x-8A140. Compliance.
Commencing on the effective date of this Chapter,
pPermits ewe-shall be issued in accordance with the
provisions of this Chapter. As to persons holding existing
pPermits, the following schedule of compliance shall apply:
(a) Operator's pPermits shall continue in effect for
the remainder of the fiscal year and shall be renewed in
accordance with Section 6.104.15910. A renewed
eOperator's pPermit may be denied or conditioned to the
same extent as a new aOperator's pPermit.
58
{b) Commencing on the effective date of this
Chapter, massage-eOperators, Responsible Employees and
t~tMassage tTechnicians shall comply with all requirements
of Section 6.104.E-0090.
(c) All persons operating under an existing
+~Massage tTechnician pPermit and otherwise meeting the
requirements for pPermit renewal are required by July 1,
49662007, to obtain a new pPermit in accordance with the
provisions of Section 6.104.0660. oor~,,.,~ ,.,,rron+~„ h.,w;..,.
,~.1'rl m r'c m'+c droll h.. .v. n+fr.,m 4he cnh.,.,l'n
enf h~ ~+ m~ m+ ao+"~Fon+..r'i„ n r.le+o +ho ~n,ri#+cn onrJ
(tl) Reasonable extensions of the time period
specified in subsections (b) and (c) may be granted by the
Chief of Police upon a proper showing and upon timely
requests there for.
Section 6.104.499150. Fees.
The City Council shall establish and from time to time
amend by resolution fees for the administration and
enforcement of this Chapter.
Section 6.104.288160. Variance procedure.
59
Any other provision of this Chapter notwithstanding,
the sOperator or a person applying for an eOperator's
ffPermit pursuant to this Chapter may
file with the Chief of Police a request for a variance to be
relieved of the requirements set forth in Section
6.104. "090 of this Chapter. The Chief of Police may
grant such requests only if he is satisfied that all of the
following conditions are met:
(a) Although within the statutory definition of a
rxrMassage eEstablishment ,the
eOperator's premises are devoted primarily to the conduct of
a business other than that of massage.
(b) The aOperator would suffer unusual hardship if
forced to comply with the requirements set forth in Section
6.104.418(e}090 of this Chapter.
(c) The bathing and toilet facilities provided by the
sOperator in lieu of those required by Section
6.104.x-a-9{e3090 comply with the applicable requirements
of State and local law and are adequate to protect the public
health, safety, and welfare. The decision of the Chief of
Police to grant or to deny a request for a variance shall be
final. u.,,.,e„er .,,,+ti;.,,, Hor,.;.. ~h.,u he ,. „~+.,,e,++,. ~e+..,,.+
60
Section 6.104.x-10170. Massage schools.
A massage school duly accredited by the State of
California may obtain an eOperator's pPermit under this.
Chapter and may employ massage technicians to provide
massage so long as the principal business activity is
providing education and instruction.
Section 6.104.180. Location of massage
establishments.
A massage establishment in compliance with the
provisions of this Chapter shall be considered a permitted
use in any zoning district in the City, where general retail
use is permitted.
Section 6.104.190. Violation and penalty.
(a) Violations of this Chapter shall constitute a
misdemeanor and shall be punishable in the manner
provided in Section 1.08.010.
61
fb) Notwithstanding the foregoing, any Massage
Establishment operated, conducted or maintained contrary
to the provisions of this Chapter may be, and the same is
hereby declared to be, unlawful as defined in Section
1.08.010 of this Code and a public nuisance as defined in
Penal Code Section 11225 and in Penal Code Section
373(a). The City may, in addition to or in lieu of prosecuting
a criminal action hereunder pursue any available civil
remedy, including, but not limited to an action or
proceeding, for the abatement, removal and enjoinment of
the operation of the Massage Establishment and for
reimbursement of the costs of such abatement removal and
enjoinment.
SECTION 2. 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 effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that iY would
have passed this Ordinance and each and every section, subsection, sentence, clause,
62
or phrase not declared invalid or unconstitutional vvithout regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
/' ~~ l
MAR A J N S MO R E
City rn
63
ti'S,1J"ti ~~ Page 1'of 1
Sonia Ramos
From: Otedo@aol.com
Sent: .Monday, May.12, 2008 2:35 PM
To: Herb Katz Fwd; Richard Bloom Fwd; Pam OConnor; Bobby Shriven; Robert Holbrook; Kevin McKeown Fwd;
city@genser.org
Cc: clerk@sm.gov.net; P. Lamont Ewell; Marsha Moutrie; Council Mailbox;bdard@opa-sm.org
Subject: OPA on 5/13/08 Council agenda item 7-D -- massage parlor ordinance
Mayor Katz and Honorable Councilmembers,
In late 2007 the Ocean Park Association heard complaints from our neighbors living adjacent to Lincoln Boulevard about criminal
activity at nearby so-called massage parlors which were actually fronts for houses of prostitutiorrand which contributed to a
proliferation of illegal activities on and near Lincoln Boulevard.
Queries to the SMPD about curtailing these unlawful actions revealed that the Department's abilities to address these concerns were
limited by the existing laws applicable to massage parlors.
At our January, 2008 meeting an OPA member representing these neighbors living off of Lincoln Boulevard shared with the OPA
Board more details about residents' frustrations with these alleged massage parlors; the limited responses to these illegal activities
available to the SMPD despite the Department's interest in curtailing them; and some truly alarming stories about how these
massage parlors fronting brothels traffic in human slaves.
At that time the OPA Board voted to urge the City Attorney to write a new ordinance better regulating massage parlors and to request
that the City Council approve this new law and take any additional steps which might curtail illegal activities in massage parlors on
Lincoln Boulevard and elsewhere in Santa Monica.
Please introduce for first reading the City Attorney's proposed ordinance amending and clarifying the City's massage regulations.
Regards,
Ted Winterer
OPA President
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sit~iaoos ~ ~ -~~