Ordinance No. 768 - Body Treatment Businesses RegulationsORDINANCE NO. 768
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
MUNICIPAL CODE AMENDMENT NO. 96-01, AMENDING SECTION
6212.5 OF THE ROSEMEAD MUNICIPAL CODE ESTABLISHING
LICENSING REGULATIONS FOR BODY TREATMENT RELATED
BUSINESSES.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council HEREBY FINDS, DETERMINES AND DECLARES that
Municipal Code Amendment No. 96-01 meets the City's goals and objectives as follows:
A. The City Council of the City of Rosemead wishes to promote the City of Rosemead's
interest in protecting and preserving the quality and character of the residential, commercial, and
industrial areas in the City, and the quality of life through effective land use planning; and
B. It is the purpose and intent of the Ordinance to provide for the reasonable and uniform
regulation of certain body care uses in the City of Rosemead. It is recognized that some body
treatment uses can involve working with exposed parts of the body. It is therefore the purpose of
this Ordinance to establish a process for the establishment and conduct of various types of body
treatment related uses which in turn will protect the public health, safety, and welfare, preserve
locally recognized values of community appearance, minimize the potential for nuisances related
• to the operation of such uses, and maintain local property values; and
C. The City staff has prepared an initial study pursuant to the California Environmental
Quality Act (CEQA). This study has determined that the proposed zoning amendments will not
have any adverse impact on the environment, and accordingly has prepared and recommends
adoption of Negative Declaration.
SECTION 2. Pursuant to the City of Rosemead's CEQA Procedures and State CEQA
Guidelines, it has been determined that the adoption of this ordinance will not have a significant
impact on the environment. This conclusion is based upon the record, initial study and comments
received during the pubic review period. Therefore, a Negative Declaration has been prepared
according to CEQA. The City Council, having final approval authority over this project, has
reviewed and considered any comments received during the public review prior to the approval of
this project. Furthermore, the City Council has exercised its own independent judgment in
. reaching the above conclusion. The City Council, therefore, approves the Negative Declaration.
Pursuant to Title XIV, California Code of Regulation, Section 753.5(v)(1), the City Council has
determined that, after considering the record as a whole, there is no evidence that the proposed
project will have the potential for adverse effect on the wildlife resources or the habitat upon
which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council
hereby finds any presumption of adverse impact has been adequately rebutted. Therefore,
pursuant to Fish and Game Code Section 711.2 and Title XIV, California Code of Regulations,
Municipal Code Amendment 96-01
Ordinance No. 768
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Section 735.5(a)(3), the City Council finds that the project has a de minimis impact and therefore
the payment of Fish and Game Department filing fees is not required in conjunction with this
project.
SECTION 3. The City Council HEREBY AMENDS Section 6212.5 as follows:
Body Treatment Related Businesses. No person shall conduct, engage in, carry on, participate in,
or practice body traetment related businesses as determined by the License Clerk, or cause the
same to be done for gratuity, without first having obtained a permit as required by this section.
(a) Definitions. For the purpose of this section, the following definitions shall apply:
Acupressure. The stimulation or sedation of specific meridian points and trigger
points near the surface of the body by the use of pressure applied by the
acupressurist in order to prevent or modify the perception of pain or to normalize
physiological functions, including pain control, in the treatment of certain diseases
or dysfunctions of the body.
Acupressurist. A person who administers acupressure and is a registered Physical
Therapist or Acupuncturist provided each manager and employee has a current
license from the State of California.
• Body Treatment. Shall include but not be limited to the following uses, skin care,
nail care, acupressure, massage, tattoo and otehr similar uses as determined by the
License Clerk.
Establishment. A place where services are performed for skin care, nail care,
acupressure, massage, tattoo or other related services as determined by the License
Clerk.
Gratuity. Receiving a fee, reward, donation, loan, or receipt of anything of value
in return for or in anticipation of a service.
License Clerk. The City Manager or his designee.
Massage or massage services. Includes any method of pressure on or friction
against, or stroking, kneading, rubbing, tapping, pounding, manipulation, or
stimulating the external parts of the body, with or without the aid of any
mechanical or electrical apparatus or appliances, with or without supplementary
aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions,
ointments, or similar preparations. Such services shall include any bath, facial
massage, fomentations massage, electric or magnetic treatment, shiatsu, alcohol
rubs, and Russian, Swedish or Turkish baths and other related actions. At no time
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Ordinance No. 768
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will these treatments include the rubbing, stroking, kneading or otherwise touching
the genital areas of the human body.
Massage Parlor. Any premises where massage or massage services are given.
Massage Technician. Any person, male or female, who administer to any persons,
for any form of consideration or gratuity, a massage or massage services. A
massage technician includes a student at a school of massage who administers a
massage or massage services to any person who pays for or gives a gratuity for
such, whether the payment or gratuity is to such student or to the school. A
recognized school shall mean any school or institution of learning, which has been
approved pursuant to Section 94311 of the Education Code of the State of
California, and which has for its purpose the teaching of the theory, method,
profession, practice or work of a massage technician. A technician shall:
(a) Furnish a diploma or certificate of graduation from a recognized
school (including at least 500 hours of course instruction) wherein the
method, profession and work of a massage technician is taught; or
(b) Furnish a diploma of certificate from a school outside the state of
California including at least 500 hours of course instruction and which
substantially complies with the educational requirements of Section 94311
of the Education Code of this state; or
(c) Furnish proof of completing not less than the equivalent of five (5)
• years full time experience as a practicing, licensed (where required)
massage technician.
Nail Care. Includes the service of preparation, trimming, cleaning and treatment of
a person's nails, and cuticles, provided each manager and employee has a current
license from the State of California.
Skin Care. Includes the service of treating the skin, hair, hands, face or neck of any
person with various lotions, sprays, creams, tonic, herbs, or other similar
substances for the purpose of reconditioning or improving the appearance of a
person's skin provided each manager and employee has a current license from the
State of California.
• Technician. A person who receives gratuity from a body treatment establishment
to provide the types of services defined in the section.
Tattoo Parlor. A place or business where parts of the human body are treated to
mark the skin with an indelible mark or figure fixed upon the body by insertion of
pigment under the skin or by production of scars.
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(b) Permit Applications. Every person who, for pay, actively conducts, engages in,
carries on, or practices body treatment related businesses shall file a separate verified
application, under penalty of perjury, for a permit with the License Clerk. The application
shall contain:
(1) The name, home and business address, and home and business telephone
number of the applicant;
(2) The record of any conviction (including a guilty plea) for a felony or other
conviction (including a guilty plea) of fraud, theft, moral turpitude, deceit, or
misrepresentation within a period of five (5) years prior to the making of an
application for a permit;
(3) The fingerprints of the applicant in the manner prescribed by the Sheriffs
Department;
(4) Business, occupation or employment of the applicant for the five (5) years
immediately preceding the date of the application including the address, city and
state, and the approximate dates where and when the applicant practiced a similar
business, either alone or in conjunction with others, as well as whether any of
these licenses have been revoked or suspended, the reason therefor, and the
business activity or occupation subsequent to such action of suspension or
• revocation,
(5) A non-refundable application fee of One Hundred and no/100ths ($100.00)
Dollars. If a business license is approved, the application fee may be credited
towards payment of the required business license.
(6) A certificate from a medical doctor stating that the applicant has, within 30
days immediately prior thereto, been examined and found to be free of any
contagious or communicable disease.
(c) Plans Required. Every body treatment, or other related business shall provide a
professionally prepared plot plan and floor plan in conjunction with the permit application
showing the following information:
(1) Plot plans shall be drawn to at least a 1/8-inch scale, showing all property
boundary lines, building location(s), and off-street parking.
(2) Floor Plans shall include the location of all counters, equipment, partitions,
sinks, plumbing, walls, electrical and any other alteration or improvement
necessary for the operation of said business.
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Ordinance No. 768
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(d) Body Treatment Related Business Establishments - Minimum Requirements. No
permit shall be issued unless an inspection reveals the proposed establishment complies
with each of the following minimum requirements:
(1) A recognized and readable sign shall be posted at the main entrance of the
proposed establishment which identifies it as a body treatment or other similar
establishment. Such sign shall comply with all requirements of all City ordinances.
(2) Provide at least one (1) artificial light of not less than 60 watt bulb, in
accordance with the Building Code, to be hung from the ceiling directly above any
work table or booth where services are being performed on a patron.
(3) Hot and cold running water shall be provided at all times.
(4) Separate closed cabinets shall be provided for the storage of clean and
soiled linen, and shall be plainly marked "Clean Linen" and "Soiled Lined".
(5) All walls, ceilings, floors, sinks, pools, showers, bathtubs, steam rooms and
all other physical facilities shall be kept in clean and sanitary condition and in good
repair.
(6) A minimum of one (1) separate wash basin shall be provided for each
• technician who works at the establishment at any one time. Such basin shall
provide soap or detergent and hot and cold running water at all times, and shall be
located as close as practicable to the area devoted to the administration of services.
In addition, sanitary towels shall be provided at each wash basin in permanently
installed dispensers. Said dispensers shall be maintained in a clean and sanitary
manner.
(7) Minimum ventilation shall be provided in accordance with the Building
Code.
(8) Adequate bathing, dressing locker and toilet facilities shall be provided for
patrons. A minimum of one tub or shower, one dressing room containing a
separate locker for each patron to be served, which locker shall be capable of being
locked, as well as a minimum of one toilet and one washbasin shall be provided in
• every massage and acupressure establishment. If male and female patrons are to
be served simultaneously at the establishment, separate bathing, a separate
treatment room or rooms, separate dressing and separate toilet facilities shall be
provided for male and female patrons.
(9) All establishments license under this section shall at all times the
establishment is open, have a responsible, licensed person acting as manager on the
premises. The manager must be familiar with the requirements of this chapter and
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be capable of communicating the provisions of this chapter to employees and
patrons of the establishment.
(e) Prohibited Designs and Improvements. No body treatment related establishment
shall install, modify, or change any building, suite, or portion thereof with the following
improvements:
(1) Tinted or "one way" glass in any room of office.
(2) No services shall be given in a business or premises licensed pursuant to
this section within any cubicle, room, booth, or other area which is fitted with a
door capable of being locked. The premises' exterior doors and any doors
separating the waiting or reception area from the remainder of the premises shall
remain unlocked during business hours (including electronic locking devises).
(f) Display of Permit. An applicant shall display a permit issued pursuant to this part
in a conspicuous location that is clearly visible from the front entrance.
(g) Employment of Uncertified Technicians Prohibited. An applicant shall not hire or
employ a technician to administer body treatment related services unless such employee is
qualifies pursuant to Subsection (a).
• (h) Hours of Operation. A licensee shall not conduct or operate a body treatment
establishment regulated by this section between the hours of 9:00 p.m. and 7:00 a.m. of
any day, and shall exclude all customers, patrons and visitors therefrom between those
hours.
(i) Hygiene. All establishments shall use the following hygiene practices at all times:
(1) A clean sheet or other effective sanitary covering shall be placed over any
table, floor or other area upon which a client will lie in the course of receiving
treatment. The sheet or other covering shall be deposited in the "Soiled Linen"
cabinet at the conclusion of any treatment.
(2) All wall, ceilings, floors, pools, showers, bathtubs, steam rooms, and other
physical facilities for the establishment shall be in good repair and maintained in a
Is clean and sanitary condition.
(3) Wet and dry heat rooms, steam or vapor cabinets, shower compartments
and toilet rooms, shall be thoroughly cleaned each day the business is in operation.
Bathtubs shall be cleaned thoroughly after each use.
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Ordinance No. 768
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(4) Clean and sanitary towels and linens shall be provided for each patron of
the establishment or each person receiving massage or acupressure services. No
common use of towels or lines shall be permitted.
(5) Massage and acupressure services shall use standard or portable massage
tables that are a minimum of thirty (30) inches in height with a durable, washable
plastic or other waterproof materials as a covering. Foam pads more than four (4)
inches thick or more than four (4) feet wide may not be used. Beds, mattresses
and water beds may not be used in the administration of massage or acupressure
services.
0) Prohibited conduct. Establishments shall not allow or conduct any business that
includes any of the following actions at any time:
(1) Acupressurists, massage technicians and their patrons shall at all times
while on the premises of the establishment wear, at a minimum, non-transparent
outer garments covering the body from knee to neck. No services may be
administered unless the patron wears clothing which covers the patron's genitals,
and if the patron is female, the breasts.
(2) No establishment or part thereof where services are being conducted shall
be equipped with any device used, or capable of being used, for recording or
videotaping, for monitoring the activities, conversation, or other sounds in the
treatment room or room used by the patrons.
(3) No massage technician or acupressurist licensed pursuant to this chapter
may perform any massage or acupressure service in any location other than that
location specified on the license.
(k) Alcohol or Drugs Prohibited. An applicant, manager, or supervisory employee
shall not permit any person to enter or remain in any part of a body treatment
establishment while in the possession of, consuming or using any alcoholic beverage or
drugs.
(1) Investigation. Upon the filing of the application, it shall be referred to the Los
Angeles County Sheriffs Department for an investigation, report, and recommendation.
The investigation shall be conducted to verify the facts contained in the application and
any supporting data. The investigation shall be completed and a report and
recommendation made in writing to the License Clerk within sixty (60) days after the filing
of the application, unless the applicant requests or consents to an extension of the time
period. If the report recommends denial of the permit to the applicant, the grounds for the
recommended denial shall be set forth therein. At the time of filing of the report with the
License Clerk, a copy thereof shall be served personally or by certified mail on the
applicant, accompanied by a notice to the applicant that he or she request to be heard
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when the License Clerk shall consider the application and the report and recommendation
to the Los Angeles County Sheriffs Department at a hearing on or before the seventh
(7th) day after the filing of the report and recommendation referred to in Subsection (m)
of this section. Notice of the time and place of the hearing shall be given to all parties by
the License Clerk at least three (3) days prior to the hearing. The applicant for the permit
shall be required to attend the hearing. Any interested party shall be entitled to be heard.
The City shall have the burden of proof to show that the permit should be denied. The
decision of the License Clerk to grant or deny the permit or conditionally grant the permit
shall be in writing and, if adverse to the applicant, shall contain findings of the fact and a
determination of the issues presented. Unless the applicant agrees in writing to an
extension of time, the License Clerk shall make his order denying or granting or
conditionally granting the permit within twenty-four (24) hours after the completion of the
hearing on the application for a permit and shall notify the applicant of his action by
personal service or certified mail at the address given in the application.
(m) Right of Appeal. If the License Clerk denies such application, the applicant shall
have the right to appeal such decision to the Council which shall conduct a public hearing
on such appeal not later than the second regular Council meeting following the filing of a
written appeal by the applicant. The applicant shall be notified of the date of the hearing
on the appeal. After hearing the evidence presented to it, the Council shall render its
decision not later than the next regular Council meeting following the conclusion of the
hearing. The determination of the Council shall be final.
• (n) Granting of Permits. The License Clerk shall grant a permit if he makes all of the
following findings:
(1) That no substantial evidence has been received which would indicate that
the information contained in the application and supporting data is not true;
(2) That the applicant has not otherwise demonstrated that their operation may
be contrary to teh public health, safety and welfare;
(3) The applicant appeared in person at the hearing; and
(4) That the applicant has agreed in writing to abide by and comply with all of
the conditions of the permit and applicable laws.
• (o) Issuance of Permits. If the License Clerk grants the permit, he shall thereafter
issue the permit only after the applicant has paid the license fee required by subsection (q)
of this code.
(p) Suspension, Revocation or Modification. The License Clerk may modify, suspend
or revoke any body treatment related license pursuant to Section 7.08.150 of the County
of Los Angeles Business License Code. Any person aggrieved by such decision may
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appeal to the City Council as set forth in subsection (n m). Whenever a license has been
revoked, the former licensee, whether a person, partnership, or corporation, shall not be
granted a new license for a period of one year from the date of revocation.
(q) License Fees. Every establishment engaged in the business of conducting, engage
in, carry on, participate in, or practice body treatment related services, or cause the same
to be done for pay, shall first procure a license and pay a fee as follows:
(1) Body treatment related establishment - $300.00 for the first year. $100.00
renewal fee per year after the first year.
(r) License Required. Every technician shall first procure a license and pay a license
fee in the amount set forth in this section.
SECTION 4. If any section, subsection, sentence, clause or word of this ordinance is for any reason
held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Rosemead HEREBY
DECLARES that it would have passed and adopted this Ordinance, and each and all provisions
thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause same to
be published as required by law.
•
PASSED AND APPROVED this 10th day of September, 1996.
LIP& L
Nt4AGARET CLARK, Mayor
ATTEST:
z
NANCY VALDERRAMA, City Clerk
Municipal Code Amendment 96-01
Ordinance No. 768
Page 10 of 10
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Ordinance No. 768 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MUNICIPAL CODE AMENDMENT NO. 96-01,
AMENDING SECTION 6212.5 OF THE ROSEMEAD MUNICIPAL
CODE ESTABLISHING LICENSING REGULATIONS FOR BODY
TREATMENT RELATED BUSINESSES.
was duly introduced and placed upon first reading at a regular meeting of the City Council on the
27th day of August, 1996, and that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 10th day of September, 1996, by the following vote, to
wit:
AYES:
NOES:
ABSTAIN
• ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
NAN VALDERRAMA, City Clerk
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