CC - Item 4A - Public Hearing on the Adoption of Ordinance No. 956 Amending Chapter 5.24 of the Rosemead Municipal Code Pertaining to the Regulation of Massage Establishments and Massage Services Providers I
E M
O 14 /
° ROSEMEAD CITY COUNCIL
CIVIC PRIDE STAFF REPORT
•
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM JEFF ALLRED, CITY MANAGER
DATE: NOVEMBER 10, 2015
SUBJECT: PUBLIC HEARING ON THE ADOPTION OF ORDINANCE NO. 956
AMENDING CHAPTER 5.24 OF THE ROSEMEAD MUNICIPAL CODE
PERTAINING TO THE REGULATION OF MASSAGE
ESTABLISHMENTS AND MASSAGE SERVICE PROVIDERS
SUMMARY
During the 2014 legislative session the Legislature passed, and the Governor signed AB
1147 ("Massage Therapy Act of 2014") relating to massage establishments which
restored the ability of cities and counties to regulate massage establishments and
establish land use controls as of January 1, 2015. As a result, the proposed ordinance
would amend Chapter 5.24 of the Rosemead Municipal Code to update the City's
massage regulations to ensure that massage establishments and massage practitioners
are appropriately regulated to best ensure the public safety, health, and welfare.
Staff Recommendation
It is recommended that the City Council take the following actions:
1. Conduct the noticed public hearing and receive public comment, and
2. Introduce for First Reading, by title only, Ordinance No. 956 "An Ordinance of
the City Council of the City of Rosemead, California Amending Chapter 5.24
of the Rosemead Municipal Code Regarding the Licensing and Regulation of
Massage Practitioners and Massage Establishments".
BACKGROUND
In 2008, the Legislature adopted SB 731 which created the California Massage Therapy
Council ("CAMTC") a non-profit organization to provide voluntary certification to
massage therapists and massage practitioners. Once a person had a CAMTC
certification, they were exempt from all local government regulations. SB 731 and the
various amendments thereto, also prohibited local government from regulating massage
establishments differently than any other professional business and required that they
be allowed in all the same zones as any other professional business. SB 731 had a
sunset date of January 1, 2015.
ITEM NO. 4.A
City Council Meeting
November 10,2015
Page 2 of 2
Recognizing that SB 731 went too far and had many unintended consequences, the
Legislature adopted AB 1147 late last year which restored the ability of cities and
counties to impose local control. In response to the adoption of AB 1147, the City
adopted a moratorium on the issuance of any permits, licenses, tax certificates,
approvals, or entitlements for new massage establishments or the relocation of
massage establishments as such terms are defined in Rosemead Municipal Code
("RMC") Chapter 5.24. The moratorium is set to expire on December 25, 2015.
During the moratorium, staff has reviewed and analyzed AB 1147 to determine whether
the City municipal codes should be amended with different, or additional provisions or
regulations with respect to massage establishments to be consistent with AB 1147 and
any judicial interpretations thereof. Based on that review, the proposed ordinance
amending Chapter 5.24 has been prepared.
The proposed ordinance would ensure that massage services and establishments
continue to be appropriately regulated by the City. Specifically, the proposed ordinance
would require that massage businesses obtain a Conditional Use Permit for operation in
a C-3 (Medium Commercial) zone and that the applicant/operator of the massage
business provide proof of a live scan or similar City-approved background check,
regardless if they have a CAMTC. The City continues to maintain the authority to
revoke the business license of a massage establishment and/or practitioner if any
provision of the City code is violated.
ENVIRONMENTAL REVIEW
The proposed ordinances is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no significant effect on the
environment.
LEGAL REVIEW
The attached Ordinance No. 956 has been reviewed and approved by the City Attorney.
PUBLIC NOTICE PROCESS
Pursuant to California Government Code Section 65091, a public hearing notice was
published in at least one (1) newspaper of general circulation within the local agency
(Rosemead Reader on October 29, 2015), as the number of owners of real property
within 300 feet of the project site is greater 1,000. In addition, the same public hearing
notice was posted in six (6) public locations.
Prepared by:
Michelle G. Ramirez
Community Development Manager
Attachment A: Ordinance No. 956
ORDINANCE NO. 956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA AMENDING CHAPTER
5.24 OF THE ROSEMEAD MUNICIPAL CODE
REGARDING THE LICENSING AND REGULATION OF
MASSAGE PRACTITIONERS AND MASSAGE
ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds as follows:
A. Under its general police powers (Cal. Const. art. 11, § 7), Government
Code sections 51030 — 51034, and Business and Professions Code section 16000, the
City is authorized to, and currently does regulate, the qualifications and licensing of
massage establishments and massage service providers. The City also regulates
certain operational aspects of such businesses and individuals in order to protect the
public health, safety, and welfare.
B. The Legislature has enacted AB 1147, which is codified as Chapter 10.5
of Division 2 of the California Business and Professions Code (commencing at section
4600 and following) ("Massage Therapy Act of 2014").
C. Among other things, the Massage Therapy Act restores the ability of cities
and counties to regulate massage establishments and establish land use controls as of
January 1 , 2015.
D. The Massage Therapy Act continues to permit the City to adopt and
enforce certain business licensing and reasonable health and safety requirements for
massage establishments and massage service providers provided such regulations are
consistent with the Massage Therapy Act.
E. The City desires to amend Chapter 5.24 of the Municipal Code to ensure
that massage services and establishments continue to be appropriately regulated by the
City consistent with the Massage Therapy Act.
F. There is a continued need for such regulations because there is a
significant risk of injury to massage patrons by improperly trained or educated massage
service providers and the City has a legitimate interest in providing reasonable
safeguards against injury and economic loss to such massage patrons.
G. Massage is also a business that involves intimate contact between
persons, which creates opportunities for acts of prostitution and other unlawful sexual
activity to occur.
winworoomor
H. The provisions of this ordinance are not intended to be exclusive and
compliance with Chapter 5.24 will not excuse noncompliance with any state or local
laws or regulations that are uniformly applied to other professional or personal service
businesses, including zoning regulations, building, fire, electrical, and plumbing codes,
and health and safety laws and regulations applicable to professional or personal
service businesses.
SECTION 2. Chapter 5.24 of the Rosemead Municipal Code is hereby amended
to read as follows:
"Chapter 5.24
Massage Establishments
Sections:
5.24.010 Purpose and Intent.
5.24.020 Definitions.
5.24.030 Conditional use permit.
5.24.040 Exceptions CAMTC certificate.
5.24.050 Massage Business License.
5.24.060 Massage Establishment Operating Requirements.
5.24.070 Change of Location, Name, or Information and Separate Location.
5.24.080 Appeals.
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.
5.24.020 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.
"Approved school" means an institution that provides massage therapy
education and training as such term is defined in Section 4600 of the Massage
Therapy Act.
"CAMTC" means the California Massage Therapy Council created by California
Business and Profession Code section 4600 and following sections.
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"CAMTC certificate" means a current and valid certificate issued by the CAMTC.
"City" means the City of Rosemead.
"City Council" means the City Council of the City of Rosemead.
"City Manager" means the City Manager of the City of Rosemead, or his or her
designated representative.
"County" means the County of Los Angeles.
"Customer area" means any area open to customers of the establishment,
"Employee" means any person, other than a massage practitioner therapist or
manager, who performs services at the massage establishment and receives
compensation from the operator of the massage establishment for such services,
including an independent contractor, while on the premises of the massage
establishment.
"Health Department" means the Los Angeles County Department of Health
Services.
"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.
"Massage" or "massage therapy" means any method of treating the external
parts of the body for remedial, hygienic, relaxation or any other similar 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. For the purposes of this Chapter, "massage" or "massage therapy"
includes the techniques of acupressure and reflexology.
"Massage business or establishment" means any business or establishment,
including a sole proprietor or independent contractor, 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, and also includes all businesses or establishments where massage therapy
is provided as an ancillary service such as clubs, gyms, day spas and professional
offices where such massage therapy is not otherwise exempt under this Chapter.
"Massage practitioner" or "massage therapist" means any person who
administers to another person a massage for any form of consideration.
"Massage Therapy Law Act" means Chapter 10.5 of Division 2 of the California
Business and Professions Code (beginning at Section 4600).
"Operator" means
(1) a sole proprietor of,
(2) a general partner of, or
(3) all persons who have an ownership interest in, a massage business or
establishment.
"Person" means any individual, corporation, partnership, association or other
group or combination of individuals acting as an entity.
"Registered school" means an institution that provides massage therapy
-. - -- - - - - - - - • - •• -- • - ' --.. .t• ' .I - -- . -
"Sheriff" means the designated representative of the Sheriffs Department of Los
Angeles County assigned to the City.
"Sheriffs Department" means the Sheriffs Department of the County of Los
Angeles.
"Specified criminal offense" means:
(a) Within five years of the date of the filing of the application has pleaded
guilty or nolo contendere to, or been convicted in a court of competent jurisdiction of a
misdemeanor or felony crime involving sexual misconduct, including but not limited to
(1) Chapter 1 of Title 9 of the Penal Code (Sections 261 -269) relating to
sexual crimes;
(2) Chapter 8 of Title 9 of the Penal Code (Sections 314-318.6) relating to
indecent exposure, obscenity and disorderly establishments; or
(3) Penal Code Section 647(a) or (b) relating to prostitution; or
(b) Any similar offenses under the criminal code or penal code of this state or
any other states or countries; or
(c) Having permitted, through an act of omission or commission, an employee
or agent to engage in any type of moral turpitude or sexual misconduct offense listed in
(a) or (b) above (the conduct of the employee or agent, if such resulted in a conviction
or a plea of nolo contendere or guilty, will be considered imputed to the principal).
5.24.030 Conditional Use Permit
No massage business or establishment may operate without first
obtaining a conditional use permit in accordance with Chapter 17.132
(Conditional Use Permits). All operations must be conducted at the site identified
in the conditional use permit, and comply with all conditions contained in the
conditional use permit.
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5.24.030 040 CAMTC Certificate.
A. Massage Businesses and Establishments. No person may engage in, conduct or
carry on, or permit to be engaged in, conducted or carried on in any location within the
City, a massage business or establishment unless all persons providing massage
therapy at or on behalf of the massage business or establishment have a CAMTC
certificate.
B. Massage Therapy. No person may engage in, conduct, carry on, or perform
massage therapy within the City unless such person has a CAMTC certificate.
C. Exceptions. The requirements of Section 5.42.040 do not apply to:
6,24,040----Exceptions,
The requirements of Section 5.42.030 do not apply to:
1. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist,
acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to
practice their respective profession in the state.
Any treatment administered in good faith in the course of the practice of
any healing art or profession by any person licensed to practice any such art or
profession under the California Business and Professions Code or any other law of the
state.
Barbers, cosmetologists, estheticians, and manicurists licensed to practice
their respective profession under the laws of the state while performing activities within
the scope of their license, provided that such massage is limited solely to the neck.
face, scalp, feet, hands, arms, and lower limbs up to the knees of their patrons.
Q. 4. State-licensed hospitals, nursing homes, and other state-licensed physical
or mental health facilities and their employees.
Persons who provide massage therapy to athletes or athletic teams,
facilities or events, so long as such persons do not practice massage therapy as their
primary occupation within the city.
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Reg,� stered Approved schools and their employees that provide massage
therapy education or training and their students in training, provided that such students
perform massage therapy only under the direct personal supervision of an instructor.
5.24.050 Massage Business License.
A. Business License Required. The fawner operator of each massage business or
establishment, and any massage practitioner or massage therapist that desires to work
as an independent contractor must obtain a business license pursuant to this Chapter
prior to commencing operation or providing any massage therapy and must thereafter
maintain a valid business license.
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B. Business License Application. The application for a business license will be
made in accordance with the provisions of this Chapter. Each applicant for a massage
business license must provide the following information where applicable as determined
by the City, with the application:
1. The full true name under which the massage establishment will be
conducted.
2. The present or proposed address where the massage establishment 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. Acceptable written proof that the applicant is at least eighteen (18) years
of age.
5. 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 percent of the stock of that corporation.
6. 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. If one or more of the partners is a corporation, the
provisions of this section pertaining to corporate applicants shall apply.
7. A complete description of all services to be provided at the massage
establishment.
8. The names and addresses of each massage practitioner and massage
therapist providing massage therapy at or on behalf of the business or establishment,
including whether they are a full-time employee or an independent contractor, and proof
that each such practitioner or massage therapist has a valid CAMTC certificate.
9. The name of the person(s) designated by the applicant to act as manager
of the massage establishment. The manager shall be required, at all times, to meet all
of the applicable requirements of this Chapter.
10. A description of any other business to be operated on the same premises,
or on adjoining premises, owned or controlled by the applicant.
11 . 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
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the lease and a notarized acknowledgment from the owner of the property that a
massage establishment will be located on his/her property.
12. Business, occupation, or employment history of the applicant for the three
years immediately preceding the date of the application.
13. The business license and permit history of the applicant, including whether
such person, in previously operating in this City, or another city or state under license or
permit, has had such license or permit revoked or suspended, and the reason for such
action.
14. Whether the applicant has been convicted of or permitted any specified
criminal offense. . - . • . - - . - - -- - - - -- - - - . — -- - - - . -
a CAMTC certificate, then The applicant and owner operator of the massage
establishment must provide proof of a Live Scan or other similar City approved
background check.
15. A nonrefundable business license fee, and renewal fee in the case of a
business license renewal, as set by resolution of the City Council shall be paid to the
City to defray the actual cost of processing the business license.
16. A picture taken by the Rosemead Public Safety Department or
otherwise supply a photograph as directed by that department.
17. A legal size copy of the approved floor plan drawn to scale showing:
entrances, exits, windows, interior doors, and restrooms; all other separately
enclosed rooms with dimensions, including, but not limited to closets,
storerooms, break rooms, and changing rooms; and location of massage tables
and chairs.
18. An acknowledgement that by applying for a business license, the
applicant understands that they are responsible for all violations of employees or
independent contractors that may take place in the massage establishment which
they own or manage, including whether each employee or independent contractor
holds a CAMTC Certificate, and that such violations are grounds for revocation of
the business license.
C. Inspection of Premises. Upon receipt of a complete application, a business
license officer will cause the inspection of the proposed premises of any fixed location
massage business or establishment for compliance with the requirements of this
Chapter and code.
D. Issuance of License. Upon receipt of a written application for a business license
for an establishment, a business license officer shall ascertain whether such business
license should be issued as requested. Upon the completion of the review, the City
must issue the business license if it finds:
1. The required fee has been paid.
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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 is at least eighteen (18) years of age.
5. The massage establishment as proposed by the applicant would comply
with all applicable laws, including, but not limited to, health, zoning, fire and safety
requirements and standards.
E. Denial of License. If a business license officer finds that any of the applicable
requirements of this Chapter or this Code are not satisfied, including any conviction for
or the permitting of a specified criminal offense, recent history of prior business license
or permit suspension or revocation, or evidence that the applicant has provided
materially false information, the application will be denied. The decision of a business
license officer to deny a business license application or renewal may be appealed
pursuant to the procedures set forth in Section 5.24.080 of this Chapter.
F. License Renewal. A massage business license must be renewed annually in
accordance with the provisions of this Chapter, at which time the applicant must provide
proof that all applicable requirements of this Chapter and this Code remain satisfied,
and the applicable business license renewal fee.
G. Transfer of License Prohibited. Upon the sale or transfer of any interest in a
massage business or establishment, the business license will become void. The person
acquiring the interest in a massage business or establishment must submit a new
business license application and receive approval of such license in accordance with
the provisions of this Chapter.
H. Notification of Changes in Registered Massage Practitioners and Therapists.
Each licensee must submit to the City the names and applicable CAMTC certificate of
any new massage practitioners or massage therapists not previously included in the list
required under subsection B.8. above who are hired or retained to provide massage
therapy at or on behalf of the business or establishment, including whether they will be
a full-time employee or independent contractor, prior to such person commencing the
provision of any massage therapy services. In addition, any discharge or termination of
the services of a massage practitioner or massage therapist must be reported to the
City within five business days of such event.
I. Revocation or Suspension of License. The following grounds constitute a basis
for the revocation or suspension of a license:
1. The misrepresentation of a material fact by an applicant in obtaining a
license.
2. The continuation of the operations of the licensee under such license will
be detrimental to the public health, safety, peace, welfare or morals, or is found to
constitute a public nuisance.
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3. The violation of any law related to the operation of the applicable
business, including any violations of this code or a specified criminal offense.
4. The violation of any condition imposed on the license.
J. Revocation / suspension procedures.
1. Complaints against any licensee must be in writing and must set forth one
or more of the grounds enumerated above. Complaints must be filed with, or may be
initiated by, a business license officer, who will then conduct an investigation to
determine whether the complaint is sufficient to show probable cause for the revocation
or suspension of the license. A written report of any officer, employee or agent of the
City disclosing violations of any law by the licensee or the licensee's agents or
employees will also be deemed a complaint within the meaning of this section. All
complaints must be verified unless made by City officers, employees, or agents in their
official capacity.
2. Upon completion of the business license officer's investigation, the
business license officer will report the results to the City Manager, together with a
recommendation as to whether grounds exist to revoke or suspend the license or
whether the complaint should be disregarded.
3. Based upon the report of such business license officer and such additional
investigation as the City Manager may deem appropriate, the City Manager will
determine whether the complaint constitutes a sufficient basis to revoke or suspend the
license, and if so, will issue a written order of revocation or suspension to the licensee
setting forth the grounds for revocation or suspension of the license. Such written order
must be sent by certified mail to the licensee's last known address or be personally
delivered. The order must also provide notice that the license revocation or suspension
will become final within 10 days of the date of mailing or personal delivery of the order
unless it is timely appealed in the manner provided in Section 5.24.080 of this Chapter.
5.24.060 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. Massage operations shall be carried on or conducted, and the premises shall be
open only between the hours of 8:00 a.m. and 10:00 p.m. of any day. A person
designated as a 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 prior to being employed in this position, and all managers must possess a valid
CAMTC certificate.
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B. A The massage establishment must post signs specifying a list of services
available a44d the cost of such services, and notice indicating that the massage
establishment and the massage rooms do not provide complete privacy and are
subject to inspection by the City and health officials, without prior notice. Such
signs shall be posted in bold minimum one inch type, 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 therapist
shall offer or perform, any service other than those posted pursuant to this section.
C. The massage establishment business license and a copy of the CAMTC
certificate of each and every massage therapist 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.
D. 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
writing, verified by the customer's driver's license or identification card, the name of the
massage therapist 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 be 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 years.
E. Massage establishments shall at all times 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.
F. Adequate bathing, dressing, locker, and toilet facilities shall be provided for
patrons. 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.
G. If wet and dry heat rooms, steam and vapor rooms, 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.
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H. Instruments for performing massage shall not be used on more than one patron
unless they have been sterilized, using approved sterilization methods. Each operator
and/or on-duty manager shall provide and maintain on the premises adequate
equipment for disinfecting and sterilizing instruments used in massage.
All managers, employees, and massage therapists 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
therapists shall remain clothed while on the massage establishment premises, and shall
not expose their genitals, pubic area, buttocks, or breasts. Massage therapists shall
maintain a CAMTC certificate identification card clearly visible on their person during
business hours.
J. 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 dispensed by a licensed pharmacy through the
State of California, Board of Pharmacy. The operator and manager shall not permit
the storage of alcoholic beverages or condoms upon such premises.
K. All exterior doors (except a rear entrance for employees only) shall remain
unlocked during business hours, unless there is no massage establishment staff
available to assure the security of clients and massage therapists who are behind
closed doors.
L. Except as provided in Section 5.24.060(K), doors to dressing rooms,
massage rooms, and treatment rooms may not be locked.
!. L No massage establishment or accessory use locations employing massage
therapists shall be equipped with tinted or "one-way" glass in any room or office.
N. All- Every operator or manager shall report to the City any change of employees,
whether by new or renewed employment, discharge or termination, on the form and in
the manner required by the City. 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 termination.
N- The operator and/or on-duty manager shall consent to the unannounced
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.
1 . 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 Sheriffs Department and/or the City may
verify the identity of all on-duty managers, therapists, and employees.
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2. An operator, manager, massage therapist, or employee is prohibited from
refusing 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.
P. 0 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.
Q. 1? No person or persons shall be allowed to live inside the massage establishment
at any time.
R. Q No electrical, mechanical or artificial device shall be used by the operator,
manager, therapist, or any employee of the massage establishment for audio and/or
video recording within dressing rooms, massage rooms, or treatment rooms, er-fer
monitoring the performance of a massage, or the conversation or other sounds within
dressing rooms, massage rooms, or treatment rooms in--the-rrrassage--reams.
S. R- 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 therapists 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 roster shall be written in
English, kept on the premises and be available for inspection by any official charged
with enforcement of this Chapter.
T. S- 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 cleaned.
U. 4 Massage establishments may not be open for operation before 8:00 a.m. or after
10:00 p.m. A massage begun any time before 10:00 p.m. must nevertheless terminate
at 10:00 p.m. All customers and visitors shall be excluded from 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.
V. 1,1-. No massage establishment shall place, publish, 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.
W. V No person shall engage in, conduct, or carryon the business of a massage
establishment unless there is on file with the City Clerk, in full force and effect at all
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times, documents issued by an insurance company authorized to do business in the
State of California evidencing that the licensee is insured under a liability insurance
policy providing minimum coverage of one hundred thousand ($100,000.00 js for
injury or death to one person arising out of the operation of any massage establishment
and the administration of a massage.
All massage establishments must comply with all state and federal laws and
regulations for persons with a disability, including all applicable anti-discrimination laws.
Y. X, No person(s) other than valid CAMTC certificate holders, employees, customers,
vendors and service providers will be allowed beyond the front lobby, located directly
inside the front door entrance during hours of operation.
Minimum lighting shall be provided in accordance with Article 220 of the National
Electrical Code, and, in addition, at least one artificial light of not less than forty (10)
watts shall be illuminated in each room or enclosure where massage services are
performed on customers.
AA. Z. 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.
BB. No massage business located in a building or structure with exterior
windows front a public street, highway, walkway, or parking area shall block
visibility into the interior reception and waiting areas though the use of curtain,
closed blinds, tints, or any other material that obstructs or darkens the view into
the premises or by signs that cover more than 15% of any windowpane. The
interior of the business shall be plainly visible from the exterior of the business
by passing vehicles and pedestrians.
CC. Each establishment, operator, manager, massage therapist, and employee
shall comply with the State of California Business and Professional Code Section
4600 — 4621.
DD. Each establishment, operator, manager, massage therapist, and employee
shall ensure that at no time other than for brief moments during changing in
private rooms will any genitalia or female breasts be uncovered.
FF. Each establishment, operator, manager, massage therapist, and employee
will provide clean, sanitary and opaque coverings to all patrons for the purposes
of draping genitalia and female breasts consistent with the State of California
Government Code Section 51034.
5.24.070 Change of Location or Name Separate Location.
A. Any change of location of any massage establishment must first be approved by
the City who must determine, prior to approval that all ordinances and regulations of the
City will be complied with at any proposed new location.
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B. Where a person holding a business license issued under the provisions of this
Chapter changes the name of the massage establishment, such person must make an
application to the City and pay a fee in an amount set by City Council resolution to have
said business license amended to reflect the change of name.
C. No CAMTC certificate holder or massage establishment shall operate under any
name or conduct any establishment under any designation not specified in the CAMTC
certificate or business license issued pursuant to this Chapter.
D. 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.
E. A separate business license shall be required for each location of a massage
establishment.
F. If during the life of a massage establishment business license the licensee has
any change in information concerning the original application, notification of such
change(s) must be made to the City, in writing, within ,-F i 30 days of the change(s)."
G. Any massage establishment which is legally license by the City upon the
effective date of this Chapter and has any type of change to the ownership or
ownership structure shall be required to comply in full with all requirements of
Ordinance No. 956.
5.24.080 Appeals.
A. License Denial.
1. An applicant may appeal the business license officer's denial of a license
or license renewal by filing a written notice of appeal with the City Clerk setting forth the
grounds for disagreement with the decision within ten days of the date of the
decision. The appeal must be accompanied by the applicable appeal fee.
2. The City Clerk will then fix a time and place for the hearing of such appeal
before the City Manager, and must give notice to the appellant of the time and place of
the hearing by certified mail or personal delivery to the appellant at the address
provided in the appeal.
3. At the hearing, the City Manager will have authority to determine all
questions raised on such appeal, provided that no such determination may conflict with
any substantive provision of this code or other applicable law. The decision of the City
Manager will be final, and will be effective upon the date that written notice of the
decision is sent by certified mail or personally delivered to the appellant.
B. License Revocation or Suspension.
1. A licensee may appeal the City Manager's revocation or suspension order
by filing a written notice of appeal with the City Clerk setting forth the grounds for
disagreement with the decision within ten days of the date of the revocation or
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suspension order. The appeal must be accompanied by the applicable appeal fee
established by City Council resolution.
2. If an appeal of a revocation or suspension order is timely filed, the matter
will be scheduled for a hearing within a reasonable time before a city-appointed
administrative hearing officer. The filing of such appeal will stay the revocation or
suspension order until a final decision is made by the hearing officer. The licensee, and
any other persons requesting notice must be given at least ten days' written notice of
the time and place of such hearing.
3. At the hearing, the hearing officer will determine whether a sufficient basis
exists for the revocation or suspension of the license based upon the complaint,
applicable staff reports, the revocation or suspension order, and such other evidence as
may be presented that is relevant to the proceedings. The licensee will be given a
reasonable opportunity to be heard in conjunction with the revocation or suspension
proceedings. The burden of proof will be upon the City to show that the facts and
evidence is sufficient to constitute a basis for revocation or suspension of the license.
The proceedings before the hearing officer will be an informal administrative hearing
and the rules of evidence, as generally applied in judicial proceedings. will not be
applicable. However, City officials or representatives and the licensee will have the
right of subpoena.
4. The hearing officer must issue a written decision on the appeal within ten
days of the conclusion of the hearing unless the City and the licensee agree to a
different deadline. Notice of such decision must be provided to the licensee by certified
mail or personal delivery.
5. The decision of the hearing officer will be effective upon the date of
mailing or personal delivery of the decision, and will be final."
SECTION 3. Applicability of Sections. The provisions of Sections 5.24.050
(B)(18) and 5.24.060(BB) — 5.24.060(FF) shall apply to existing licensed massage
establishments upon the effective date of Ordinance No. 956.
SECTION 4. Penalty. In accordance with Rosemead Municipal Code Section
1.16.010, in addition to the availability of all other remedies and penalties provided in
this code for code violations, a violation of the provisions of Chapter 5.24, if charged
criminally, will be a misdemeanor.
SECTION 5. Environmental Review. The City Council finds that this ordinance
is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no significant effect on the environment.
SECTION 6. Severability. 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.
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SECTION 7. Repeal of Ordinance No. 946. Upon the effective date of this
ordinance, Ordinance No. 946, establishing a temporary moratorium on the issuance of
licenses and permits for new massage establishments and technicians, will be deemed
repealed.
SECTION 8: Publication. The City Clerk is directed to cause this ordinance to
be published in the manner required by law.
SECTION 9. Effective Date. The Mayor shall sign and the City Clerk 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 and be in full force and
effect thirty (30) days from its date of adoption.
PASSED, APPROVED. AND ADOPTED this day of , 2015, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Margaret Clark, Mayor
City of Rosemead, California
ATTEST:
Carol Cowley, Interim City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
City Clerk
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