Ordinance No. 840 - Message EstablishmentsORDINANCE NO. 340
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA AMENDING
CHAPTER 5.24 OF THE ROSEMEAD MUNICIPAL
CODE REGARDING MASSAGE ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 5.24 of the Rosemead Municipal Code is hereby amended
to read as follows:
"Chapter 5.24
A'lassage Establishments
Section 5.24.010 Purpose and Intent.
The purpose of this Chapter 5.24 is to protect the public's health and safety and
the personal safety of massage therapists through the establishment of certain licensing
standards pertaining to massage establishments within the City of Rosemead, and to
recognize massage therapy as a legitimate business occupation and health service
enhancement. Nothing in this ordinance is intended to permit any use, conduct and/or
activity that violates any federal, state or local law or regulations.
Section 5 .24.020 Permit Required.
A. It shall be unlawful for any person to engage in, conduct or carry on, or to
permit to be engaged in, conducted or carried on in or upon any premises within the City,
the operation of a massage establishment, without first having obtained a permit issued
by the City pursuant to the provisions of this chapter.
B. A permit under this chapter shall be valid for twelve (I'2) months from the
date of issuance unless revoked or suspended. The permit required shall be in addition to
any business license required by City ordinance. The City Council may, by separate
resolution, establish a fee to recover the City's actual costs associated with this permit
and anv necessary compliance inspections.
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C. No permit will be issued unless and until the applicant has first received
all required building and planning approvals for the location of the proposed massage
establislumenl, including any required Conditional Use Permit.
Section 5.24.030 Definitions.
Unless the particular provision or the context otherwise requires, the definitions
and provisions contained in this chapter shall govern the construction, meaning, and
.application of words and phrases used in this chapter.
A. "City" means the City of Rosemead.
.
B.
"City Council"
means the City Council of the City of Rosemead.
C.
"City Manager
" means the City Manager of the City of Rosemead, or his
or her designated representative.
D. "Conviction" or "convicted" means a plea or verdict of guilty or a
conviction following a plea of nolo contendere.
E. "County" means the County of Los Angeles.
F. "Customer area" means any area open to customers of the establishment.
G. "Employee" means any person, other than a massage technician or
manager, who performs services at the massage establishment and receives compensation
49 from the operator of the massage establishment for such services, including an
independent contractor, while on the premises of the massage establishment.
H. "Health Department" means the Los Angeles County Department of
Health Services.
1. "Manager" means the person(s) designated by the operator of the massage
establishment to act as the representative and agent of the operator in managing day-to-
day operations with the same liabilities and responsibilities. Evidence of management
includes, but is not limited to, evidence that the individual has power to direct or hire and
dismiss employees, control hours of operation, create policy or rules or purchase
supplies. A manager may also be an operator. A manager mist obtain a massage
technician pennit pursuant to Section 5.24.120 to qualify as a manager. A manager who
at no time perfomns massage services may be exempted from the educational requirement
of the permit. In order to qualify for this exemption, a signed testament to this fact must
be provided to the City during the permitting process.
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J. "Massage" means any method of treating the external parts of the body for
remedial, hygienic, relaxation or any other reason or purpose, whether by means of
pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing
or other manner of touching external parts of the body with the hands, or with the aid of
any mechanical or electrical apparatus or appliance with or without supplementary aids
such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other
similar preparations commonly used in this practice and shall include herbal body wraps.
K. ' "Massage establishment" means any business conducted within the City
where any person engages in, conducts, carries on or permits to be engaged in, conducted
or carried on, for money or any other consideration, the administration to another person
of a massage. Massage establishment shall not include a health club whose primary
• business is a gym-spa in which over fifty (50) percent of space and equipment is for
athletic training and over fifty (50) percent of gross revenues are derived from training
not including massage services.
L. "Massage technician" means any person who administers to another
person a massage for any form of consideration. The terms "massage therapist" and
"massage practitioner" are included within this definition for purposes of this chapter.
M. "Outcall" or ` outcall services" means any business where the primary
function of such business is to engage in or carry on massage not at a fixed location but at
a location designated by the customer or client. "Outcall" or "outcall services" do not
include seated massage.
N. "Operator" means all persons who have an ownership interest in the
49 massage establishment.
0. "Operator's permit" means the permit required pursuant to the provision
of this chapter to operate a massage establishment.
P. "Person" means any individual, corporation, partnership, association or
other group or combination of individuals acting as an entity.
Q. "Recognized school of massage" means any school or institution of
learning which teaches, through state-certified instructors, the theory, ethics, practice,
profession, or work of massage, which school or institution complies with the California
Education Code Section 94900 or 94901, and which requires a resident course of study
before the student shall be furnished with a diploma or certificate of graduation. Schools
offering a correspondence course not requiring actual attendance shall not be deemed a
recognized school. The City shall have a right to confine that the applicant has actually
attended class in a state-recognized school.
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R. "Seated massage" means any massage of the neck, arms, shoulders and
back area above the waist where the client is fully clothed, sitting in a special chair
approved by a recognized massage therapy association, designed for upper body massage
and done without the use of supplementary aids, such as rubbing alcohol; liniments,
antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations
commonly used in this practice.
S. "Sheriff' means the designated representative of the Sheriffs Department
of Los Angeles County assigned to the City.
T. "Sheriffs Department" means the Sheriffs Department of the County of
Los Angeles.
. Section 5.24.040 Unlawful Conduct.
A. No massage technician shall massage the genital area of any customer or
the breasts of any female customer, and no manager of a massage establishment shall
allow or permit such massage.
B. A massage technician shall be fully clothed in nontransparent clothing that
covers his or her body from the bottom of the neck to the top of the knee cap at all times
while on the massage establishment premises.
C. No massage technician shall perform any massage at any location other
than that location specified on the massage technician's pen-nit. If during the life of a
permit the applicant has any change in information concerning the original application,
notification must be made to the City Manager, in writing, within thirty (30) days of the
change.
D. No person shall conduct, solicit or engage in outcall services.
E. No operator, manager, massage technician, or employee shall violate any
provision of this chapter.
Section 5.24.050 Massage Establishment Permit.
A. Every operator of a massage establishment shall make application for a
massage establishment permit to the City Manager. Prior to submitting such application,
a nonrefundable fee as set by resolution of the City Council shall be paid to the City to .
defray the actual cost of the investigation and report required by this chapter. A copy of a
receipt shall accompany the application.
B. The application and fee required under this chapter shall be in addition to
any license or pennit fee required under any other provision of this Code.
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C. The application for permit does not authorize operating a massage
establislunent mrtil such permit has been granted.
D. Each applicant for a massage establishment permit shall provide the
following information under penalty of perjury:
Y 1. The full true name under which the massage establislunent will be
conducted.
2. The present or proposed address where the massage establislmnent
is to be conducted.
• 3. The applicant's full, true name, any other names used within the
past five (5) years, date of birth, California Drivers License Number or California
Identification Number, present residence address and residence telephone number, and
the sex, height, weight, color of hair, and color of eyes of the applicant.
4. The address of the previous two (2) residences of the applicant,
and the inclusive dates at each address. -
5. The applicant's business, occupation, and employment history for
five (5) years preceding the date of application, and the inclusive dates of same.
6. At least three (3) written statements, including dates of
relationships, signed by persons who have knowledge of the applicant's background,
• qualifications and suitability as a massage establishment operator. Those persons shall
have known the applicant for at least three (3) years preceding the date of application and
shall not be related to the applicant by blood or marriage.
7. The permit history of the applicant, including whether such person
has ever had any permit or license issued by any agency, board, city, county, territory, or
state, the date of issuance for such permit or license, whether the permit or license was
revoked or suspended, and the reason therefore.
8. All convictions for any crime involving conduct which requires
registration under any state law similar to and including California Penal Code Section
290, or of conduct which is a violation of the provisions of any state law similar to and
including California Penal Code Sections 314, ')15, 316, 318, 647, 653.22 or any crime
involving dishonesty, fraud, deceit, or moral turpitude, or when the prosecution accepted
a plea of guilty or nolo contendere to a charge of violation of California Penal Code
section 415 or any lesser included or lesser related offense, in satisfaction of, or as a
substitute for, any of the previously listed crimes, or sale or possession for sale of any
controlled substance.
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9. A complete description of all services to be provided at the
massage establishment.
10. The name and address of any massage establishment or other like
establishment owned or operated by any person whose name is required to be given
pursuant to this chapter wherein massage is carried on.
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11. Acceptable written proof that the applicant is at least eighteen (18)
years of age.
12. 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 and telephone
numbers of each of its current officers and directors, and of each stockholder holding
more than five (5) percent of the stock of that corporation.
13. If the applicant is a partnership, the application shall set forth the
name, residence address and telephone numbers of each of the partners, including each of
the limited partners. If the applicant is a limited partnership, it shall furnish a copy of its
certificate of limited partnership as filed with the County Clerk. If one or more of the
partners is a corporation, the provisions of this section pertaining to corporate applicants
shall apply.
14. The name of the person designated by the applicant to act as
manager of the massage establishment. The manager shall be required, at all times, to
40 meet all of the applicable requirements of this chapter.
15. The applicant shall be required to furnish fingerprints for the
propose of establishing identification. Any required fingerprinting fee will be tile.
responsibility of the applicant.
16. A description of any other business to be operated on the same
premises, or on adjoining premises, owned or controlled by the applicant.
17. The name and address of the owner and lessor of the real property
upon or in which the massage establishment is to be conducted. In the event the
applicant is not the legal owner of the property, the application must be accompanied by a
copy of the lease and a notarized acknowledgment from the owner of the property that a
massage establishment will be located on his/her property.
18. An occupancy permit/business license application in a form
prescribed and reviewed by the Director of Planning must be submitted prior to
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application approval. Any required inspection fees shall be the responsibility of the
applicant.
E. As a part of the application process and prior to issuance of a permit, an
applicant shall also:
1. Provide two (2) front-faced portrait photographs taken by and'in a
manner prescribed by the City Manager.
2. Grant authorization for the City and its employees and agents to
seek information and conduct an investigation into the truth of the statements set forth in
the application.
• 3. Within seven (7) workdays of the change, submit any change of
information or fact required by this chapter, which may occur during the procedure of
applying for a massage establishment permit.
F. Upon receipt of a written application for a permit (for an establishment or
a technician), the City Manager shall direct that an investigation be conducted in such a
manner as deemed appropriate, in order to ascertain whether such permit should be issued
as requested. Upon the completion of the investigation, the party conducting the
investigation shall recommend that the permit be granted if it finds:
The required fee has been paid.
2. The application conforms in all respects to the provisions of this
chapter.
3. The applicant has not made a material misrepresentation or
omission in the application
4. The applicant, if an individual, or any of the stockholders officers
or directors, if the applicant is a corporation, or any partner if the applicant is a
partnership, has not been convicted in a court of competent jurisdiction of an offense
involving conduct which requires registration under California Penal Code Section 290.
5. Within the past ten (10) years, the applicant, if an individual, or
any of the stockholders officers or directors, if the applicant is a corporation, or any
partner if the applicant is a partnership, has not been convicted in a court of competent
jurisdiction of conduct which is a violation of the provisions of California Penal Code
Sections 314, 315, 316, 318, 647, 653.22 or any other crime involving dishonesty, fraud,
deceit, or moral turpitude, or when the prosecution accepted a plea of guilty or nolo
contendere to a charge of a violation of California Penal Code Section 415 or any lesser
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included or lesser related offense, in satisfaction of, or as a substitute for, any of the
previously listed crimes, or sale or possession for sale of any controlled substance.
6. The applicant has not had a massage establishment, massage
technician, or other similar permit or license denied, revoked, or suspended by the City,
or any other state or local agency within ten (10) years from the original date of the
application.
7. The applicant is at least eighteen (18) years of age.
8. The massage establislunent as proposed by the applicant would
comply with all applicable laws, including, but not limited to, health, zoning, fire and
safety requirements and standards.
G. The party conducting the investigation on behalf of the City Manager shall
render a recorninendation to the City Manager to approve, conditionally approve, or deny
the application within ninety (90) days of filing a completed application, including all
requested and necessary information. The City Manager may issue temporary
conditionally approved permit if he/she finds that a prolonged delay in permanent permit
approval is to be anticipated, and it appears likely that a permit will be granted at the end
of that period.
Section 5.24.060 Permit Denial and Appeal.
A. Upon receipt of a completed application for a permit pursuant to Section
5.24.050 and 5.24.130, the City Manager shall direct that an investigation shall be
conducted to ascertain whether such permit should be issued as requested. Within ninety
(90) days of receipt of a completed application, the party conducting the investigation at
the direction of the City Manager shall recommend approval, conditional approval or
denial of the application and notify the City of its recommendation. The ninety (90) day
period may be extended for up to thirty (30) additional days, if necessary, to 'complete the
investigation. The City shall issue such permit as requested, unless it makes any of the
following findings:
1. The applicant, if an individual, or any of the shareholders, officers
or directors of the corporation, if the applicant is a corporation, or any partner, if the
applicant is a partnership, or any person directly engaged or employed in the massage
establishment, has preceding the date of the application:
(a) Has been convicted of any provision of law pursuant to
which a person is required to register under the provisions of Penal Code Section 290;
(b) Within the past ten (10) years, have been convicted of a
violation of the California Penal Code Sections 266h, 266i, 314, 315, 316, 318,
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subdivision (a) or (b) of Penal Code Section 647, 653.22, or when the prosecution
accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal
Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as
a substitute for, any of the previously listed crimes;
(c) Within the past ten (10) years, has been convicted of a
violation of Health and Safety Code Section 11550 or any offense involving the illegal
sale, distribytion or possession of a controlled substance specified in Health and Safety
Code Section 11054, 11055, 11056, 11057 and 11058;
(d) With the past ten (10) years, has been convicted of any
offense in any other state, which is the equivalent of any of the above mentioned
offenses;
(e) Within the past ten (10) years, has bee engaged in conduct
in another jurisdiction, which, if it had occurred within the City, would constitute grounds
for denial, suspension or revocation under this chapter;
(f) Within the past ten (10) years, has been subjected to a
permanent injunction against the conducting or maintaining of a nuisance pursuant to
Sections 11225 through 11235 of the California Penal Code, or any similar provisions of
law in a jurisdiction outside the State of California;
(g) Within the past ten (10) years, has been convicted of an act
involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or
acts are related to the qualifications, functions or duties of the operator; or
• (h) Had a massage operator or massage technician pennit or
other similar license or permit denied, suspended or revoked for cause by a licensing
authority or by any city, county or state within ten (10) years from the original date of the
application.
2 The applicant has made a false, misleading or fraudulent statement
or omission of fact in the permit application process.
The application does not contain all the information required by
Section 5.24.050.
4. The massage establishment as proposed by the applicant does not
comply with all applicable laws, including, but not limited to, health, zoning, fire and
safety requirements and standards.
5. The applicant has not satisfied the requirements of this chapter in
the time specified.
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B. If the application is denied, the applicant may not reapply for a period of
one (1) year from the date the application was denied. The City shall notify the applicant
by mailing a dated written notice of the denial to the applicant's residence address. The
applicant shall have the right of appeal to the City Council as set forth in Section
5.24.180.
Section 5.24.070 Massage Establishment Operating Requirements.
No person shall engage in, conduct, carry on, or permit to be engaged in,
conducted, or carried on, any massage establishment, unless each and all of the following
requirements are met:
A. Each person employed or acting as a massage technician shall have a valid
permit as required by Section 5.24.120 and permit identification card issued by the City.
It shall be unlawful for any operator or manager to employ or permit a person to act as a
massage technician who is not in possession of a current, valid massage technician permit
issued pursuant to this chapter and who is not wearing a permit identification card clearly
visible during working hours.
B. The possession of a valid massage establishment permit does not authorize
the possessor to perform work for which a massage technician permit is required.
C. Massage operations shall be carried on or conducted, and the premises
shall be open only between the hours of 8:00 a.m. and 9:00 p.m. of any day. A person
designated as the manager shall be on the massage establishment premises at all times of
• operation and must be registered with the City Manager by the operator to receive all
complaints and be responsible for all violations taking place on the premises. The
appointment of a manager must be in writing with the manager in charge of the premises
acknowledging this appointment. All managers must be registered with the City-
Manager prior to being employed in this position, and all managers must possess a valid
massage technician permit.
D. A list of services available and the cost of such services shall be posted, in
English and such other languages as may be convenient to communicate such services, in
an open public place within plain view of the entry of the premises, and shall be
described in readily understandable terms. No operator or manager shall permit, and no
massage technician shall offer or perform, any service other than those posted pursuant to
this section.
E. The massage establishment permit and a copy of the permit of each and
every massage teelmician employed in the massage establishment shall be displayed in an
open and conspicuous place within plain view of the entry of the massage establishment
premises.
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F. Every massage establishment shall require all customers to sign a register
book. The manager shall assure that the massage establishment shall keep an accurate
register book showing the name and address of each customer in clear and legible
Xvriting, verified by the customer's driver license or identification card, the name of the
massage technician administering the treatment, and the type of treatment administered.
Such register books shall be maintained on a form approved by the City Manager. Such
books shall ~e open to inspection by officials with responsibility for enforcement of this
chapter during regular business hours upon demand, written or oral, and without use of
subpoena or court process; and may not be used for any other purpose, including use of
the file by operators, managers and employees of the establishment. Such register books
shall be maintained on the premises of the massage establishment for a period of two (2)
i years.
G. Massage establishments shall at all limes be equipped with an adequate
supply of clean towels, coverings and linens. Clean towels, coverings and linens shall be
stored in cabinets. Towels and linens shall not be used on more than one (1) patron,
unless they have first been laundered and disinfected. Disposable towels and coverings
shall not be used on more than one patron. Soiled linens and paper towels shall be
deposited in separate, marked receptacles.
H. If male and female patrons are to be treated simultaneously at the massage
establislurnert, separate massage room or rooms, separate dressing facilities and separate
shower, toilet and washing facilities shall be provided. All shower, toilet and washing
facilities shall be thoroughly cleaned and disinfected with a disinfectant approved by the
Health Department as needed, and at least once each day the premises are open.
• 1. If wet and dry heat rooms, steam and vapor rooms or cabinets, tanning
booths, whirlpool baths and pools are offered, they shall be thoroughly cleaned and
disinfected with a disinfectant approved by the Health Department as needed, and at least
once each day the premises are open. Bathtubs shall be thoroughly cleaned after each use
with a disinfectant approved by the Health Department. All walls, ceilings, floors, and
other physical facilities for the establishment must be in good repair and maintained in a
clean and sanitary condition.
J. Instruments for performing massage shall not be used on more than one
patron unless they have been sterilized, using approved sterilizing methods.
K. All managers, employees, and massage technicians shall be clean, and
wear clean, nontransparent outer garments that continuously cover the area from the
bottom of the neck to the top of the kneecap. All managers, employees, and massage
technicians shall remain clothed while on the massage establishment premises, and shall
not expose their genitals, pubic area, buttocks, or breasts. Massage technicians shall
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maintain the permit identification card clearly visible on their person during business
hours.
L. No person shall enter, be or remain in any part of a massage establishment
while in possession of, consuming, or using any alcoholic beverage or drugs except
pursuant to a prescription for such drugs. The operator and manager shall not permit the
storage of alcoholic beverages or condoms upon such premises.
4
M. No massage establishment shall operate as a school of massage, or use the
same facilities as that of a school of massage.
N. No massage may be carried on within any cubicle, room, booth or any
• area within a massage establishment that may be locked from the inside of the cubicle,
room, booth or area and is not immediately accessible to supervisory, safety or inspection
personnel during all hours of operation. Entry doors to any cubicle, room, booth or area
shall not be obstructed by any means.
0. All exterior doors (except a rear entrance for employees only) shall remain
unlocked during business hours, unless the massage is performed in a cubicle, room,
booth or area that does not have its own exterior door and opens only into a business
where licensed beauticians regularly perform services for the public.
P. A massage shall not be given unless the customer's genitals are fully
covered with opaque material and, in addition, a female patron's breasts are fully
covered.
• Q. No massage establishment shall be open for business without at least one
(1) massage technician and a manager on the premises at all tiles who are in possession
of a current, valid permit. The technician may also be the manager if licensed as such.
R. No. massage establishment or accessory use locations employing massage
technicians shall be equipped with tinted or "one-way" glass in any room or office.
S. No operator or manager shall employ any person as a massage technician
who does not have a valid massage technician permit issued pursuant to this chapter.
Every operator or manager shall report to the City Manager any change of employees,
whether by new or renewed employment, discharge or termination, on the form and in the
manner required by the City Manager. The report shall contain the name of the employee
and the date of hire or termination. The report shall be made within five (5) days of the
date of hire or tennination. The operator shall deliver the permit and photo identification
card of any massage technician no longer employed by the operator to the City Manager
within five (5) days after the termination of such employment.
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T. Operations.
1. Equipment. Each operator and/or on-duty manager shall provide
and maintain on the premises adequate equipment for disinfecting and sterilizing
instruments used in massage.
2. Inspections. The operator and/or on-duty manager shall consent to
the unannotVnced inspection of the massage establishment by the City and the County
Fire, Sheriff and Health Departments for the purpose of determining that the provisions
of this chapter or other applicable laws or regulations are met.
(a) The City and the County Fire, Sheriff and Health
Departments may, from time to time, make an unannounced inspection of each massage
establishment for the purpose of determining that the provisions of this chapter, state law
or other applicable laws or regulations are met. Criminal investigations may be
conducted as directed by the Sheriffs Department. The Sheriff's Department and/or City
may inspect the occupied massage rooms for the purpose of determining that the
provisions of this chapter are met. During an inspection, the Sheriff's Department and/or
the City may verify the identity of all on-duty managers, technicians, and employees.
(b) An operator, manager, massage technician, or employee
commits an offense if he or she refuses to permit an inspection of the massage
establishment premises by a representative of the City or Los Angeles County regulatory
official at anytime it is occupied or open for business, as required by this section.
3. Linen. Common use of towels or linens shall not be permitted.
Towels and linens shall be laundered or changed promptly after each use. Separate
enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be
plainly marked "clean linen" and "soiled linen" and shall have doors or covers.
4. Lining Prohibited. No person or persons shall be allowed to live
inside the massage establishment at any time.
5. Recordings. No electrical, mechanical or artificial device shall be
used by the operator, manager, technician, or any employee of the massage establislment
for audio and/or video recording or for monitoring the performance of a massage, or the
conversation or other sounds in the massage rooms without the knowledge or consent of
the customer.
6. Roster. The operator or on-duty manager of the massage
establishment shall keep a complete and current list of the names, residence addresses,
and telephone numbers of all massage technicians and employees of the massage
establishment and the name, residence address and telephone number of the manager
purported to be principally in charge of the operation of the massage establishment. This
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roster shall be kept on the premises and be available for inspection by any official
charged with enforcement of this chapter.
7. Coverings. Each massage establishment shall provide to all
customers clean, sanitary and opaque coverings capable of covering the patrons'
specified anatomical areas including the genital and pubic areas, anus and female breast.
No common use of such coverings shall be permitted and re-use is prohibited unless
adequately gleaned.
8. Hours of Operation. Massage establishments may not be open for
operation before 8:00 a.m. or after 9:00 p.m. A massage begun any time before 9:00 p.m.
must nevertheless terminate at 9:00 p.m. All customers and visitors shall be excluded
fi-om the massage establishment by that time. The hours of operation must be displayed
in a conspicuous public place in the lobby within plain view of the entrance and clearly
visible from the outside.
9. Advertising. No massage establishment shall place, publish or
distribute or cause to be placed, published or distributed any advertising matter that
depicts any portion of the human body that would reasonably suggest to prospective
customers that any service is available other than those services described in this chapter.
No massage establishment shall employ language in the text of such advertising that
would reasonably suggest to prospective customers that any service is available other
than those services authorized by this chapter.
10. Insurance. No person shall engage in, conduct or carry on the
business of a massage establishment unless there is on file with the City Clerk, 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 permittee is insured under a
liability insurance policy providing minimum coverage of one hundred thousand
(5100,000.00) dollars for injury or death to one (1) person.arising out of the operation of
any massage establishment and the administration of a massage.
11 Accomniodations for the Disabled. All massage establishments
must comply with all state and federal laws and regulations for persons with a disability,
including all applicable anti-discrimination laws.
12. Compliance. Proof of compliance with all applicable provisions
of this code shall be provided.
13. Access. No person(s) other than valid permit holders under this
chapter, employees, customers, vendors and service providers will be allowed beyond the
front lobby, located directly inside the front door entrance during hours of operation.
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14. Discrimination. No massage establishment may discriminate or
exclude patrons on the basis of race, gender, religion, sexual orientation or age.
15. Notices. The City Manager may require that the following notice
be posted in the event that any operator, manager, massage technician, or employee of the
massage establishment or any person who has been aided and abetted by an operator,
manager, massage technician, or employee of the massage establishment has been found,
after full hearing by administrative proceeding pursuant to Sections 5.24.170 and
5.24.180 or state court, to have violated any of the offenses listed in subdivisions 5 or 13:
NOTICE TO ALL PATRONS: THIS MASSAGE ESTABLISHMENT AND
THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND
ARE SUBJECT TO INSPECTION BY THE LOS ANGELES COUNTY
SHERIFF'S DEPARTMENT OR THE CITY OF ROSEMEAD WITHOUT
PRIOR NOTICE.
(a) The notice set forth above shall be prepared and issued by
the City Manager.
(b) The notices shall be conspicuously posted in a location
within the massage establishment such that they are easily visible to any person entering
the premises and in each massage room. The notice shall be so posted for twelve (12)
months following the violation of any of the offenses set forth above.
(c) The requirement for posting the notice described in this
chapter is cumulative and in addition to all other remedies, violations and penalties set
forth in this chapter, or in the ordinances, laws, rules or regulations of the City, County
and the State of California.
Section 5.24.080 Facilities.
Every massage establislvnent shall maintain facilities meeting the following
requirements:
A. Minimum lighting shall be provided in accordance with Article 220 of the
National Electrical Code, and, in addition, at least one (l) artificial light of not less than
forty (40) watts shall be illuminated in each room or enclosure where massage services
are performed on customers.
B. Adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided.
C. ' Hot and cold running water shall be provided at all times.
10119105 15
D. Cabinets shall be provided for storage of clean linens.
E. Separate adequate dressing, shower, toilet and washing facilities shall be
provided for each sex of customers served by the massage establislunent.
F. A minimum of one (1) separate washbasin for massage technicians shall
be provided at all times. The basin shall be located within or as close as practicable to
the area devoted to performing of massage services. Clean towels shall also be provided
at each basin.
G. Massages shall be administered only on standard massage tables, and not
on pads or beds. Pads used on massage tables shall be covered with a durable washable
plastic or other waterproof material acceptable to the Health Department.
5.24.090 Seated Massage.
A. A seated massage may be performed only by a person with a valid City
massage technician permit.
B. A massage technician or massage establishment offering seated massage
must have a signed contract for service at each location the service is provided and such.
contract shall be provided to any member of the Sheriff's Department or the City for
inspection upon demand. The contract shall specify the location, days and times the
seated massage service is to be offered.
C. Seated massage shall only be offered at a commercial or industrial place of
business and only for employees and/or patrons of that business.
D. Seated massage shall be offered in a public area only, to which all patrons
and employees are provided free access.
E. Seated massage shall be offered at a set time and day at each location and
shall not be offered at any other time, and in no event shall seated massage be permitted
or offered between the hours of 9:00 p.m. of one (1) day and 8:00 a.m. of the next day.
5.24.100 Permits not Assignable.
No massage establishment, operator, or massage technician permit may be sold,
transferred or assigned by the permittee, or by operation of law, to any other person. Any
such sale, transfer or assignment, or attempted sale, transfer or assigranent, shall be
deemed to constitute a voluntary surrender of such permit and such permit shall thereafter
be deemed terminated and void, provided and excepting, however; that if the permittee is
a partnership and one (1) or more of the partners should die, one (1) or more of the
surviving partners may acquire, by purchase or otherwise, the interest of the deceased
10119105 16
partner or partners without effecting a surrender or termination of such permit and in each
case the pennittee shall thereafter be deemed to be the surviving partner(s).
5.24.110 Change of Location or Name Separate Location.
A. Any change of location of any massage establishment or massage
technician must first be approved by the City Manager who must determine, prior to
approval, wliich all ordinances and regulations of the City will be complied with at any
proposed new location.
B. No pennittee shall operate under any name or conduct any establishment
under any designation not specified in pennittee's permit.
• C. Any application for an extension or expansion of a building or other place
of business of a massage establishment shall require compliance with the City's zoning
regulations.
D. A separate permit shall be required for each location of a massage
establislnnent, but separate pen-nits need not be obtained by a massage technician
operating in more than one (1) location within the city for each such location, provided,
that the application for a single massage technician permit for-more than one (1) location
shall disclose each location at which the technician may operate. No pemtit issued under
this chapter shall be in any way deemed or construed to authorize outcall services.
5.24.120 Massage Technician Permit Required.
• A. No person shall act as a massage technician unless such person holds a
valid massage technician permit issued by the City. In addition, each massage technician
permit holder shall be issued a pennit identification badge by the City. The permit holder
shall attach the badge so that it is clearly visible on the permit holder's person during
business hours. Each permit holder shall immediately surrender to the City Manager or
an authorized representative any badge issued by the City upon the suspension,
revocation, or expiration of such permit.
B. A permit under this section shall be subject to renewal every twelve (12)
months from the date of issuance unless revoked or suspended earlier.
5.24.130 Application for Massage Technician's Permit.
A. Each applicant for a massage technician pennit shall make application
under penalty of perjury to the City Manager. Prior to submitting an application a
nonrefundable fee as established by resolution of the City Council shall be paid to the
City and a receipt for such payment shall accompany the application.
10119105 17
B. The application for permit does not authorize the applicant to practice
massage until such permit has been granted.
C. Each applicant for a massage technician permit shall submit the following
information under penalty of perjury:
Each and every fact or inquiry set forth in Sections 5.24.050(D)l
through 8..,
Acceptable written proof that the applicant is at least eighteen (18)
years of age.
D. The applicant must furnish a diploma or certificate of graduation and
transcripts from a five hundred (500) hour course of instruction from either:
A recognized school of massage; or
2. An existing school or institution of leaming outside the state
together with a certified transcript of the applicant's school records showing date of
enrollment, hours of instruction and graduation from a course having at least a minimum
requirement prescribed by Title 5, Division 21, of the California Administrative Code,
wherein the theory, method, profession and work of massage are taught, and a copy of the
school's approval by its state Board of Education.
3. Alternatively, the applicant may furnish a diploma or certificate of
graduation and transcripts from a minimum two hundred (200) hour course of instruction
from schools or institutions as described in subdivision d.1. above and furnish proof of
completion of up to three hundred (300) hours of continuing education courses in
massage from schools or institutions as described in subdivision d. 1. of this section. The
minimum combined total course hours and continuing education hours shall equal no less
than five hundred (500) hours.
E. The full name, address and telephone number of each massage
establishment where the technician will be employed.
F. Such other identification and information as the City Manager may require
in order to discover the truth of the matters herein specified as required to be set forth in
the application including, but not limited to, the applicant's work history for the past five
(5) years.
G. Two (2) front-faced photographs of the applicant taken by the Sheriffs
Department.
10119105 18
H. The City Manager will require the applicant to furnish fingerprints for the
purpose of establishing identification. Any required fingerprinting fees will be the
responsibility of the applicant.
1. Upon receipt of a written application for a permit (for an establishment or
a technician), the City Manager shall direct that an investigation be conducted in such a
manner as deemed appropriate, in order to ascertain whether such permit should be issued
as requested,. Upon the completion of the investigation, the party conducting the
investigation shall recommend that the permit be granted if that person finds:
The required fee has been paid.
• 2. The application conforms in all respects to the provisions of this
section.
3. The applicant has not made a material misrepresentation or
omission in the application process.
4. The applicant has not been convicted in a court of competent
jurisdiction of an offense involving conduct which requires registration under California
Penal Code Section 290.
5. Within the past ten (10) years, the applicant has not been convicted
in a court of competent jurisdiction of conduct which is' a violation of the provisions of
California Penal Code Sections 314, 315, 316, 318, 647, 653.22, or Health and Safety
Code Section 11550 or any offense involving the illegal sale, distribution or possession of
a controlled substance specified in Health and Safety Code Sections 11054, 11055,
11056, 11057 and 11058, or any other crime involving dishonesty, fraud, deceit, moral
turpitude, or an act of violence.
6. Within the past ten (10) years, the applicant has not engaged in
conduct in another jurisdiction, which, if it had occurred within the City, could constitute
grounds for denial, suspension or revocation under this chapter.
7. Within the past ten (10) years, the applicant has not had a massage
establislunent, massage technician, or other similar permit or license denied, revoked, or
suspended by the City, or any other State or local agency.
The applicant is at least eighteen (18) years of age.
J. The party conducting the investigation at the direction of the City
Manager shall render a recommendation to the City Manager to approve, conditionally
approve, or deny the application within ninety (90) days of filing of a completed
application, including all requested and necessary information. Alternatively, the City
10119105 19
Manager may issue a temporary conditionally approved pemiit if he/she finds that a
prolonged pending delay in permanent permit approval is to be anticipated, and it appears
likely that a permit will be granted at the end of that period.
K. If, following investigation of the applicant, the party conducting the
investigation deems that the applicant does not fulfill the requirements as set forth in this
section,he/she shall recommend denial of the application. The City Manager shall notify
the applicanj of the denial by dated, written notice to the applicant's home address. Any
applicant for a permit who is refused a permit by the City Manager may appeal the denial
to the City Council, as set forth in Section 5.24.180.
5.24.140 Renewal of Permits.
A. Massage establishments and technicians licensed under this chapter shall
have thirty (30) days from the date of expiration to renew its/his/her pen-nit.
B. On a biennial basis, permit renewal shall be contingent upon satisfactory
compliance with all pertinent sections of this chapter.
C. Every massage technician licensed under this chapter shall annually
complete at least twenty (20) hours of continuing education courses in massage from
recognized schools of massage. Failure to complete such hours and submit proof of such
completion in a form satisfactory to the City Manager at the time of pennit renewal shall
be grounds for denial of permit renewal. The minimum requirement of twenty (20) hours
of continuing education courses to renew a pen-nit is based on a five hundred (500) hour
education recommendation for membership in the American Massage Therapists
• Association (AMTA). If recommended hours of education for membership in the AMTA
increase, the number of continuing education hours for renewal of pennits under this
chapter shall increase in direct proportion to the increase of education hours required for
membership in the AMTA.
5.24.150 Notification by Establishment.
A. A massage establishment pemtittee shall notify the City Manager, in
writing, of the name and address of each person employed as a massage technician at
such massage establishment within five (5) days of employment. The requirements of
this chapter are in addition to the other provisions of this chapter and nothing contained
herein shall relieve the pennittee of the responsibility of ascertaining, prior to
employment, whether said massage technician has a current umrevoked massage
technician's pennit.
B. If during the life of a massage establishment permit the permittee has any
change in information concerning the original application, notification must be made to
the City Manager, in writing, within thirty (30) days of the change.
10119105 20
5.24.160 Applicability of Regulations to Existing Businesses.
The provisions of this chapter shall be applicable to all persons and businesses
described herein whether the herein described activities were established before or after
the effective date of this chapter, except that massage establishments legally in business
prior to the effective date of the ordinance codified in this chapter shall have six (6)
months or uptil the expiration of their current massage establishment permit, whichever is
later, to comply with the regulations for massage establishments set forth herein,
however, and except that persons who are legally permitted to work as massage
technicians by the City, or who have had an application for such a permit accepted as
complete by the City Manager, on the effective date of the ordinance codified in this
chapter shall be required to provide proof of completion of a two hundred (200) hour
• course of instruction under Section 5.24.130.
5.24.170 Revocation of Massage Establishment or Technician Permit.
A. Whenever any person fails to comply with any provision of this chapter,
or any rule or regulation adopted pursuant hereto, or with any other provision or
requirement of law, including, but not limited to, this municipal code or any grounds that
would warrant the denial of initial issuance of a permit hereunder, the City Manager, after
giving such person ten (10) days' notice in writing to the residence address stated on the
application and specifying the time and place of hearing and requiring him or her to show
cause why his or her permit should not be revoked, shall conduct a hearing and thereafter,
if wan-anted, may revoke or suspend any one (1) or more permits held by such person.
The City shall not issue a new permit after the revocation of a permit unless it is satisfied
that the applicant will thereafter comply with all provisions of this chapter and the rules
and regulations adopted thereunder and all other applicable provisions of law, and until
the City Manager collects a fee in an amount sufficient to recover the actual costs of
processing the re-application.
B. The City Manager will provide the permittee with written notice of the
revocation by certified mail addressed to the permittee's residence address and the street
address of the massage establishment.
C. Any person who engages in any massage business after the permit issued
therefore has been suspended or revoked, and before such suspended or revoked permit
has been reinstated or a new permit issued, shall be guilty of a misdemeanor.
10119105 21
5.24.180 Appeals Procedure.
A. Any pennittee may file an appeal to the City Council through the City
Clerk that conforms to the following requirements:
1. All appeals shall be in writing and shall contain the following
information: (a) name(s) of the person filing the appeal ("appellants"), (b) a brief -
statement in ordinary and concise language of the relief sought and the reasons why.the
permit should be issued, and (c) the signatures of all parties named as appellants and their
mailing addresses. Any appeal filed that fails to provide all of the information required
by this section shall be deemed incomplete.
2. A complete and proper appeal of the denial. of a permit application
shall be filed with the City Clerk within ten (10) calendar days of service of the letter
denying the application. Any appeal not timely filed shall be rejected.
3. A filing fee as established by City Council resolution or any
amendments thereto for an appeal must be paid to the City at or prior to the time of the
filing of the appeal. Any appeal of a denial of a permit application filed without payment
of the filing fee shall be deemed incomplete.
B. Failure to timely and properly file an appeal shall constitute a waiver of all
rights to an appeal hearing.
C. As soon as practicable, after receiving the written appeal, the City Clerk
shall schedule a public hearing before the City Council at the next regularly scheduled
• City Council meeting for which there is sufficient time to have the matter properly
noticed.
D. As soon as practicable, after scheduling the appeals hearing, the City
Clerk shall prepare a Notice of Appeals Hearing, which notice to be provided to the
appellant at least 10 days prior to.the public hearing date either by causing a copy of said
notice to be delivered to the appellant personally or by causing a copy of said Notice to
be delivered by certified mail, postage prepaid, return receipt requested, and addressed to
the appellant at the address shown on the appeal.
E. At the duly noticed appeals hearing, the City Council shall review all
relevant evidence and hear all relevant oral testimony submitted by, for and against the
appellant and the appellant shall be provided with a reasonable opportunity to be heard on
the matter at the public hearing.
F. In addition to evidence relating to the stated grounds for the denial of the
permit, the City Council shall consider at the appeal hearing only those matters or issues
which were specifically raised by the appellant in his or her written appeal and which are
10119105 22
relevant to the issues of the hearing. The City Council has the authority to determine the
relevance of any evidence to the hearing. The City Council has the authority to exclude
unduly repetitious and cumulative evidence, regardless of its relevancy.
G. If the appellant fails to attend the scheduled appeal hearing, the appeal
hearing shall proceed without the appellant and the appellant shall be deemed to have
waived his or her rights to be orally heard at the hearing.
H. Unless otherwise specifically provided by law, the burden is on the
appellant to prove that the determination of the City Manager, which he or she is
appealing, is contrary to the provisions of this chapter or clearly abusive of discretion.
. 1. The City Council shall prepare and serve a written Notice of Decision
upon the appellant(s) within thirty (30) calendar days from the date the public hearing is
deemed closed.
J. The Notice of Decision shall state whether the decision denying the permit
has been either upheld in full or in part or rescinded in full or in part. The Notice of
Decision shall also contain a brief summary of the evidence considered, findings of fact,
and the effective date of the decision.
K. The City Clerk shall cause a copy of the Notice of Decision to be provided
to the appellant(s) by causing a copy of said notice to be delivered to the appellant(s)
personally or by causing a copy of said notice to be delivered to the appellant(s) by
certified mail, postage prepaid, return receipt requested, and addressed to all the
addresses shown on the application. Proof of service of the Notice of Decision shall be
• certified at the time of service by a written declaration under penalty of perjury executed
by the person effecting service, declaring the date and manner in which service was
made.
L. The decision of the City Council shall be final.
5.24.190 Violations and Penalty.
Violation of any provision of this chapter is a misdemeanor, punishable by a fine
not to exceed one thousand (51,000.00) dollars and/or a jail sentence not to exceed six (6)
months. Revocation or suspension of a permit or certificate shall not be a defense against
prosecution. Any massage establishment operated, conducted, or maintained contrary to
the provisions of this chapter shall be unlawful end a public nuisance, and the City may,
in addition to or in lieu of prosecuting a criminal action hereunder, commence an action
or actions, proceeding or proceedings, for the abatement, removal and enjoinment
thereof, in a manner provided by law.
l0/l9/OS 23
5.24.200 Exceptions.
The provisions of this chapter shall not apply to the following classes of
individuals while engaged in the performance of the duties of their respective
professions: ,
A. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who
are duly licensed to practice their respective professions in the State.
B. Registered nurses who are duly licensed under the laws of the State while
engaging in practices within the scope of their licenses.
• C. Barbers, beauticians, and estheticians who are duly licensed under the
laws of the State while engaging in practices within the scope of their licenses, except
that this provision shall apply solely to the massaging of the neck, face, and/or scalp of a
fully-clothed customer or client.
D. Hospitals, nursing homes, or sanatoriums duly licensed by the State.
E. Coaches and trainers in accredited high schools, junior colleges, and
colleges or universities acting within the scope of their employment.
P. Trainers of amateur, semi-professional or professional athletes or athletic
teams acting within the scope of their employment.
G. Manicurists and pedicurists acting within the scope of their employment,
except that this provision shall apply solely to the massaging of the hands or feet of a
fully-clothed customer or client."
10119105 24
Section 2. If any section, subsection, phrase or clause of this ordinance shall
be deemed by a court of competent jurisdiction to be invalid for any reason, the validity
of the remaining sections, subsections, phrases or clauses of this ordinance shall not be
affected thereby.
PASSED, APPROVED and ADOPTED this 22 day of NOVEMBER , 2005.
• . ` ATTEST:
Citv Clerk
City of Rosemead, California
•
jMay*~
10119105 25
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD 1
I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
• Ordinance No.840 was duly and regularly approved and adopted by the Rosemead City
Council on the 22th of November 2005, by the following vote to wit:
Yes: CLARK, IMPERIAL, NUNEZ, TAYLOR, TRAN
No: NONE
Absent: NONE
Abstain::/NONE
Nina Castruita
City Clerk
0