Artesia Municipal Code Art. 4 Massage Establishments and Technicians

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this article:

"Applicant"

shall mean the individual applicant and/or the designated officer or managing partner acting on behalf of a corporation or partnership.

"Sheriff"

shall mean the Sheriff of the County of Los Angeles, or designee thereof.

"Business license officer"

shall mean the Business License Officer of the City of Artesia, or designee thereof.

"Certified massage professional"

shall mean any person certified as a massage practitioner or massage therapist pursuant to Section 4601 of the California Business and Professions Code or any successor provision thereto.

"Certified massage establishment"

shall mean any massage establishment that either: (1) is operated as a sole proprietorship by a proprietor who is a certified massage professional and is the only person employed by the business to provide massage; or (2) employs or uses only persons who are certified massage professionals to provide massage.

"Employee"

shall mean any person, other than a massage technician, who may render any service to the permit holder, receives compensation from the permit holder or his or her agent, and who has no physical contact with the customers or clients.

"Hearing officer"

shall mean the City Manager of the City of Artesia, or designee thereof.

"Massage"

shall mean any method of treating the external parts of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body with the hands or other parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.

"Massage establishment"

shall mean any establishment, not exempt from this article, having a fixed place of business where any person, firm, association, partnership, corporation engages in, conducts, or carries on, any business of giving massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath.

"Massage technician"

shall mean and include a "massage technician," "massage trainee," "masseur," "masseuse" and means any person who administers to another person, for any form of consideration, "massage" as defined, or bathes, manipulates the body, or uses electric massage procedure, or similar procedure.

"Permit holder"

shall mean any person, firm, partnership or corporation having a permit issued hereunder, for a massage establishment, and/or a massage technician, as the case may be.

"Recognized school of massage"

shall mean and include any school or institution of learning which (1) teaches, through State certified instructors, the theory, ethics, practice, profession, and work of massage; (2) has been approved in writing by the State of California, pursuant to provisions of the California Education Code, including, but not limited to, Section 94900 or 94905; and (3) requires a resident course of study as a condition to receiving a diploma or other evidence of graduation. A school offering a correspondence course or courses not requiring attendance shall not be deemed a recognized school of massage for purposes of this chapter. The City shall have the right to confirm that the applicant has actually attended class at a recognized school of massage.

"Out call massage service"

shall mean any business where the primary function of such business is to provide massage at various locations designated by the recipient of the services.

(Ord. 680, § 2; Ord. 10-757, § 1)

(a) It is unlawful for any person, firm, partnership or corporation 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 as herein described, without first having obtained a permit issued by the City pursuant to the provisions herein set forth. Said permit shall immediately be surrendered to the Business License Officer or Sheriff upon suspension, revocation or expiration of said permit.

(b) A permit under this article shall be valid for 24 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 or any other permit required for such use including, but not limited to, any conditional use permit or other similar entitlement for use.

(Ord. 680, § 2)

The provisions of this article shall not apply to the following businesses or classes of individuals while legally engaged in the performance of the duties of their respective professions, subject to any rules, regulations, or laws governing each such business or profession:

(a) Persons and businesses exempt from the permitting requirements of this article pursuant to any State or Federal law, including Chapter 10.5 (beginning with Section 4600 et seq.) of the California Business and Professions Code and all other provisions that regulate certified massage professionals and certified massage establishments, which expressly preempts any requirements set forth in this article, but only to the extent of such preemption. Any business or person claiming to be exempt pursuant to this subsection shall have the burden of establishing the applicability of such exemption;

(b) Physicians, surgeons, chiropractors, osteopaths, and physical therapists, who are duly licensed to practice their respective professions in the State of California; but not including independent contractors of any of the foregoing who are providing or purporting to provide massage;

(c) Nurses registered under the laws of the State of California;

(d) Barbers and cosmetologists, licensed by the State of California, and persons licensed by the State of California to provide skin care (estheticians) or nail care (manicurists), as defined and to the extent provided in Business and Professions Code Section 7316, or any successor provision thereto, as follows:

(1) Barbers may massage the face and scalp;

(2) Cosmetologists may massage the scalp, face, neck, arms, hands, feet below the calf, and the body extending from the clavicles upward;

(3) Estheticians may massage the face, neck, arms and the body extending from the clavicles upward;

(4) Manicurists may massage the hands, and feet below the calf.

(e) Beauty salons that are exempt from having to obtain a massage establishment permit pursuant to Section 9-2.403 of this Code provided, however, that persons performing massage in an exempt beauty salon must possess a valid massage technician permit;

(f) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California;

(g) Coaches and trainers acting within the scope of their employment by accredited high schools, junior colleges, and colleges or universities;

(h) Trainers of amateur, semiprofessional or professional athletes or athletic teams while engaged in bona fide training activities;

(i) Persons licensed under Section 3-2.201 of this title to perform acupressure, but only while performing acupressure as defined in said section;

(j) Teachers and students performing massage as part of the official curriculum of a recognized school of massage, while present at such school, and provided the Sheriff has verified its status as a recognized school of massage. This exception shall apply only to massage for which no direct or indirect fee or cost is charged or incurred, and/or for which no donation is required or accepted.

(Ord. 680, § 2; Ord. 08-733 § 13; Ord. 10-757, § 2)

(a) Any person, firm, corporation or partnership desiring to obtain a permit to operate a massage establishment shall file an application, made under penalty of perjury under the laws of the State of California, with the Business License Officer. At the time of submitting such application, a nonrefundable fee in the amount of $500, or such amount as established by resolution of the City Council, shall be paid to the City to defray, in part, the cost of the Sheriff's investigation and reports required by this article.

(b) The applicant, if a corporation or partnership, shall designate one of its officers or general partners to act as its responsible managing employee. Such person shall complete and sign all application forms required of an individual applicant under this article, however, only one application fee shall be charged. The corporation's or partnership's responsible managing employee must, at all times, meet all of the requirements established for permit holders by this article or the corporation or partnership permit shall be suspended until a responsible managing employee who meets such requirements is designated. If no such person is found within 90 days, after notice, the corporation or partnership permit shall be deemed canceled without further notice and a new initial application for permit must be filed.

(c) The application and fee required under this section shall be in addition to any license, permit or fee required under any other provisions of this Code or ordinance heretofore or hereafter adopted, and shall be submitted together with a written statement, signed and dated by the applicant, under penalty of perjury, stating that all information contained in the application is true and correct.

(d) Submission of the application for permit does not authorize the applicant to operate a massage establishment. No business shall be conducted until the required permit has been granted.

(e) Each applicant for a massage establishment permit shall submit the following:

(1) The full, true name under which the business will be conducted. If the name is fictitious, all individual owners, stockholders, partners, and principals shall be identified;

(2) The present or proposed address where the business is to be conducted;

(3) The applicant's full, true name, any other names used, date of birth, California driver's license number or California identification number, social security number, residence address and telephone number; sex, height, weight, color of hair and color of eyes;

(4) Residences of the applicant for the previous 10 years, and the inclusive dates at each address;

(5) The applicant's business, occupation and employment history for 10 years preceding the date of application, and the inclusive dates thereof;

(6) The complete massage establishment permit history of the applicant, including the name of all issuing public agencies; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether a massage permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; whether the applicant has ever surrendered a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reasons therefor; all criminal convictions, including pleas of nolo contendere, within the last 10 years including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor;

(7) A complete explanation of all services to be provided;

(8) The name, address and date of birth of each massage technician, employee, and any other person who will normally be present in the establishment;

(9) The name and address of any and all businesses providing massage or similar services, owned or operated by any person whose name is required to be given pursuant to this section;

(10) Acceptable written proof that the applicant is at least 18 years of age;

(11) 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 address of each of its current officers and directors, and of each stockholder holding 5% or more of the stock of the corporation;

(12) If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall 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 Subsection (e)(11) of this section pertaining to corporate applicants shall apply;

(13) Two current, full-face, portrait photographs of the applicant, two inches by two inches in size;

(14) A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant;

(15) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted shall be identified. 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 or her property;

(16) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application shall be provided. The Sheriff shall provide such assistance to the Business License Officer as may be required to fully investigate the applicant and the truth of the matters set forth in the application.

(f) The applicant shall immediately notify the Business License Officer of any change of address or other required applicable information that may occur during the application process.

(g) The applicant, if an individual, or designated responsible managing employee if a partnership or corporation, shall personally appear at the Los Angeles County Sheriff's office as specified by the City for fingerprinting and produce proof that the application fee has been paid and shall present a full, true and correct copy of the application described in this section.

(h) A certificate of compliance from the City Planning Department, building and safety division, and the Los Angeles County Health Department (if requested by the City), must be received by the Business License Officer prior to the application approval. Any and all costs of inspection shall be the responsibility of the applicant and shall be paid at the time the application is filed.

If the certificates of compliance are not received within 60 days of the date of filing of the application, or within such other period as specified in writing in advance by the Business License Officer, the application shall be deemed void. If any land use permit or other entitlement for use is required, such permit or use shall be applied for and received prior to the massage establishment permit becoming effective.

(i) The Business License Officer shall have up to 120 calendar days to investigate the application and the background of the applicant. Such period shall be extended for a reasonable amount of time as required by the Business License Officer in order to obtain further information needed to fully process an application and complete the investigation. Upon the completion of the investigation, the Business License Officer shall grant the permit unless he or she finds:

(1) The required fee has not been paid;

(2) The application does not conform in all respects to the provisions of this article;

(3) The applicant has made a material misrepresentation in the application;

(4) The applicant, if an individual, or any of the stockholders of the corporation, or any officers or directors, if the applicant is a corporation, or any partner if the applicant is a partnership, has been convicted within the previous 10 years of any of the following:

(i) A violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290; California Penal Code Sections 266h, 266i, 314, 316, 318; or Subsections (a), (b) or (d) of Penal Code Section 647; or an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, theft or an act of violence or any violation of law as to which the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415, 602, or any lesser included or related offense, or to any offense involving acts that would constitute a violation of California Penal Code Section 266h, 266i, 314, 316, or 318; or Subsection (a), (b) or (d) of Penal Code Section 647, in satisfaction of, or as a substitute for any of the foregoing listed crimes; or any crime, including any violation of a City or County ordinance that pertains to massage, committed while engaged in the ownership of a massage establishment or the practice of massage,

(ii) A violation of 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 or 11058, or

(iii) Any offense in any other state which is the equivalent of any of the above-mentioned offenses;

(5) Within the previous 10 years, the applicant has had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by any city, state, or other jurisdiction;

(6) The applicant is not at least 18 years of age;

(7) The massage establishment as proposed by the applicant would not comply with all applicable laws, including, but not limited to, health, zoning, fire, and safety requirements and standards.

(j) If the Business License Officer, following investigation of the applicant, determines that the applicant does not fulfill the requirements as set forth in this article, the Business License Officer shall deny the application by dated, written notice to the applicant, forwarded to the applicant's address as set forth in the application, by first-class mail. The applicant shall have the right to appeal a denial pursuant to Section 3-2.425 of this article.

(k) Proof of compliance with all applicable provisions of this Code and the applicable ordinances shall be provided prior to the issuance of any permits.

(Ord. 680, § 2)

(a) Each person employed or acting as a massage technician in a massage establishment shall have a valid permit issued by the Business License Officer. It is unlawful for any owner, manager, operator, responsible managing employee, permit holder or other person in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician, who is not in possession of a valid, unrevoked massage technician permit.

(b) The possession of a valid massage establishment permit does not authorize the permit holder to perform work for which a massage technician permit is required.

(c) Massage services shall be provided, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m., unless otherwise provided in conditions of approval for a conditional use permit.

(d) A list of available services, as approved by the City, and the costs thereof, shall be posted in the lobby of the business premises, and shall be described in readily understandable language. In the event any list of services and costs posted is in other than the English language, the permit holder shall, at the permit holder's cost and expense, provide to the Business License Officer an English language translation thereof. Such English translation shall be attested to as being a full, true and correct translation thereof, under penalty of perjury under the laws of the State of California. No owner, manager, operator, responsible managing employee or permit holder shall permit, and no massage technician shall offer or perform, any service other than those posted.

(e) The massage establishment permit and a copy of the permit of each and every massage technician employed in the establishment shall be displayed in an open and conspicuous place on the premises that is open to the public.

(f) To the extent permitted by law, every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the massage technician administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the Business License Officer. Such records shall be open to inspection only by officials charged with enforcement of this article, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the County, or the owner or employee of the massage establishment, shall constitute a misdemeanor in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of no less than two years.

(g) Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall be laundered and disinfected after use by each patron. Disposable towels and coverings shall not be used for more than one patron. Soiled linens and towels shall be deposited in separate, Health Department approved receptacles.

(h) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the Health Department, after each use. All walls, ceilings, floors and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition.

(i) Instruments utilized in performing massage shall not be used on more than one patron unless such instruments have been sterilized, using approved sterilizing methods.

(j) All massage technicians shall, at all times while on the business premises, be clean and shall wear clean, nontransparent outer garments solidly covering the shoulders to four inches or less above the knees. Under no circumstances shall these garments permit the genitals, pubic area, buttocks or chest to be exposed. Massage technicians shall maintain the massage technician permit visibly on their person at all times during business hours.

(k) No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, or under the influence of, any alcoholic beverage or drugs except pursuant to a prescription for such drugs. No owner, operator, responsible managing employee, manager or permit holder shall permit any such person to enter or remain upon the business premises.

(l) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

(m) No massage establishment granted a permit under this article shall place, publish or distribute or cause to be placed, published or distributed any advertising matter: (1) in any adult oriented publication or in the adult services portion of any newspaper; or (2) that depicts any portion of the human body, or employs any language, that would reasonably suggest to prospective customers or clients that any service is available other than massage services authorized by this article.

(n) No massage services may be provided within any cubicle, room, booth or any area within a massage establishment, that is fitted with a door capable of being locked. This subsection shall not apply to any certified massage establishments.

(o) All doors directly opening into rooms where massage services are actually provided, and all doors between any waiting area and any room or other area where massage services are actually provided, shall remain unlocked during business hours provided staff is available to assure the security of clients, massage technicians, and other employees who are behind closed doors.

(p) No massage shall be given and no patron shall be in the presence of a massage technician or other employee unless the patron's genitals are fully covered by a nontransparent covering. In addition, a female patron's breasts shall be fully covered by a nontransparent covering.

(q) No massage establishment shall be open for business unless at least one properly permitted massage technician and one responsible managing employee is also on the premises.

(Ord. 680, § 2; Ord. 10-757, § 3)

Every massage establishment shall maintain facilities meeting all of the following requirements:

(a) Signs shall be in conformance with the current ordinances of the City.

(b) In all rooms or areas where massage services are performed: (1) minimum lighting shall be provided in accordance with Section 1201, et seq., of the current California Building Code, or successor provision or provisions thereto; (2) at least one artificial light of not less than 60 watts shall be provided; and (3) light dimmers are not permitted.

(c) Minimum ventilation shall be provided in accordance with Section 1201, et seq., of the current California Building Code, or successor provision or provisions thereto.

(d) Adequate equipment for disinfecting and sterilizing instruments used in performing massage services shall be readily available at all times while the massage establishment is open for business.

(e) Hot and cold running water shall be provided at all times.

(f) Closed cabinets shall be provided for storage of clean linens.

(g) Adequate bathing, dressing, locker and toilet facilities shall be provided patrons. A minimum of two tubs or showers and dressing rooms containing separate lockers which are capable of being locked must be provided for patrons. Separate massage rooms, toilets, wash basins, bathing and dressing areas shall be provided for male and female patrons.

(h) A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin.

(i) Pads used on massage tables shall be covered with a durable, washable plastic or other waterproof material acceptable to the Los Angeles County Health Department.

(Ord. 680, § 2)

The Sheriff and the Los Angeles County Health Department, or their authorized representatives, shall have the right to enter the massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws and provisions of this article.

(Ord. 680, § 2)

No massage establishment permit may be sold, transferred or assigned by the permit holder, or by operation of law, to any other person or persons, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, 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 permit holder is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permit holder shall thereafter be deemed to be the surviving partner(s). One or more proposed partners, in a partnership granted a permit hereunder, may make application to the Business License Officer, and pay the fee established by the City Council therefor, to amend the original application, providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur.

If the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the Business License Officer, together with a fee established by the City Council, an application to amend the original application, providing all information as required for stockholders in the first instance and, upon approval thereof, the transfer may then occur.

(Ord. 680, § 2)

(a) A change of location of a massage establishment may be approved by the Business License Officer provided the permit holder complies with all ordinances and regulations of the City.

(b) No permit holder shall operate under any name or operate any massage establishment under any designation not specified in the permit.

(c) Any application for an expansion of a building or other place of business of a massage establishment shall require compliance with this section.

(Ord. 680, § 2)

(a) The holder of the permit to operate or conduct a massage establishment shall notify the Business License Officer, in writing, of the name and address of each person employed, including massage technicians, at such establishment within five days of said person being employed.

The requirements of this section are in addition to the other provisions of this article, and nothing contained herein shall relieve the permit holder of the responsibility for ascertaining, prior to employment, whether an employee has a current, valid massage technician permit.

(b) If, during the term of a permit, the permit holder has any change in information provided in or concerning the original application or permit renewal application, notification shall be made to the Business License Officer in writing, within 10 business days of the change.

(Ord. 680, § 2)

A massage establishment licensed under this article desiring to renew its permit shall submit an application for renewal no more than 60 days and no less than 30 days prior to the expiration thereof. The renewal application shall be submitted together with the requisite fee as established by the City Council. Approval of the renewal application shall be contingent upon the permit holder continuing to comply with all pertinent provisions of this article, including all permit approval requirements, and the same must be verified by the City.

(Ord. 680, § 2)

(a) Excepting certified massage professionals and any other person exempt from this article pursuant to Section 3-2.403, no person shall perform or administer a massage for compensation of any kind, or advertise to provide massage services in the City, unless such person possesses a valid massage technician permit issued pursuant to this article. Each massage technician permit holder shall be issued a photo identification badge and a massage technician permit. The permit holder shall wear the identification badge on his or her person and shall ensure that his or her massage technician permit is displayed in a conspicuous place in the lobby, at all times while present and/or working in the massage establishment. Each permit holder shall immediately surrender to the Sheriff or Business License Officer any identification badge and massage technician permit issued by the City upon the suspension, revocation, or expiration of such permit. Unless an out call massage service endorsement has been obtained, massage services may only be provided within a permitted massage establishment or otherwise as permitted by this Code or other law.

If massage services are to be performed in a business establishment exempt by law from having to obtain a massage establishment permit, then the massage technician permit holder's provision of massage services shall be subject to all regulations imposed by law upon such business as pertain to the provision of massage services. If massage services are to be performed in a chiropractor's office, the massage technician permit holder shall be subject to the following restrictions:

(1) The permit holder must be a bona fide, documented employee of a licensed chiropractor operating the chiropractic business.

(2) A licensed chiropractor must be on the premises at all times while the permit holder is providing massage services, and must directly supervise the permit holder no less than 50% of the time massage is being performed, as measured on a weekly basis. Written records documenting the supervision of permit holders shall be maintained for inspection by the Sheriff's Department during normal business hours, for no less than one year following the date of service.

(3) The person receiving the massage services must be a bona fide, documented patient of a licensed chiropractor working on the premises.

(4) The area of the patient's body that may be massaged is limited to the specific area for which the patient is being treated by the licensed chiropractor. Full body massage is prohibited.

(b) A permit issued under this article shall be valid for 24 months from the date of issuance unless revoked or suspended.

(Ord. 680, § 2; Ord. 10-757, § 4)

(a) This section shall not apply to any certified massage professional as defined in this article.

(b) Any person desiring to obtain a massage technician permit shall file a written application under penalty of perjury on the required form with the Business License Officer who shall cause the Sheriff to conduct an investigation into the facts set forth in the application. The application shall be accompanied by a non-refundable filing fee of $300 or such other amount as may be established by resolution of the City Council to help defray the cost of the investigation required by this article.

(c) The application, permit and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other part of this Code or ordinance hereafter adopted.

(d) The application for a massage technician permit shall contain or be accompanied by the following:

(1) A statement of the exact location and name of the permitted massage establishment or exempted business where the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the full name of every person having an ownership interest in the establishment or business. In the event the applicant seeks to conduct out call massage services not listed in the original application, an additional application and fee must be submitted pursuant to Section 3-2.418, et seq., of this article, and a City business license must be obtained.

(2) The applicant's complete business, occupation and employment history for 10 years preceding the date of application.

(3) The complete massage technician permit history of the applicant, including the name of all issuing public agencies; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether a massage permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; whether the applicant has ever surrendered a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reasons therefor; all criminal convictions, including pleas of nolo contendere, within the last 10 years including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor.

(4) A complete set of fingerprints taken by the Sheriff's Department. The applicant shall be responsible for payment of any fingerprinting fee as may be established by resolution of the City Council or Sheriff's Department.

(5) Three portrait photographs of the applicant at least two inches by two inches in size taken within the last month.

(6) If requested, a certificate from a medical doctor licensed to practice in the State indicating that the applicant has, within at least 30 calendar days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease.

(7) Such other information and identification as the Sheriff may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

(8) A signed authorization permitting the City, its agents and employees to seek verification of the information contained in the application, as may be required by the Sheriff.

(9) A statement in writing, and dated, by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

(e) Each applicant shall also provide the following personal information:

(1) The full, true name and all aliases that have ever been used by the applicant.

(2) Date and place of birth, California driver's license or California Identification card numbers, Social Security card and resident alien card numbers, if applicable.

(3) The current residence address and residence telephone number and all previous residential addresses for a minimum of 10 years immediately preceding the present address of the applicant and the dates of residence for each such address.

(4) Acceptable written proof that the applicant is at least 18 years of age. (5) Height, weight, color of hair, eyes and gender.

(f) In addition to the above information, each applicant must also furnish:

(1) An original or certified copy of a diploma or certificate and certified transcript of graduation from a recognized school of massage providing no less than 500 hours of resident course instruction, or 500 hours of cumulative education consisting of no less than a 300 hour resident course of instruction and 200 additional hours of resident instruction from a recognized school of massage, together with a course description, an outline of material covered, and a letter to the City from any and all school administrators verifying completion.

Any outside course of study submitted for approval shall meet the State of California's Office of Postsecondary Education's minimum requirements and all requirements set forth in Subchapter 3 of Chapter 21 of Division 1 of Title 5 of the California Code of Regulations. Such course shall include instruction in theory, method, profession and work of massage, including those subjects identified in Section 3-2.416(c) of this article, and shall require completion of at least 500 hours of resident instruction. A copy of such school's official state certification or other satisfactory evidence of official state approval must also be provided.

(2) If required at the time of application pursuant to Section 3-2.416 of this article, proof of passage of an independently prepared and administered certification exam which has been recognized by objective standards to fairly evaluate professional levels of skill, safety and competence as determined by a qualified massage association or other authorized testing agency (see Section 3-2.416 of this article).

(3) Proof of membership or the ability to obtain membership in a nationally or State recognized, qualified massage association that has been approved by the Sheriff. The Sheriff maintains a list of approved associations that is available to applicants.

(g) The applicant must also supply an original, valid Basic First Aid and CPR certificate.

(Ord. 680, § 2; Ord. 10-757, § 5)

A massage technician licensed under this article shall file an application to renew the permit at least 30 days prior to the date of expiration thereof. Approval shall be contingent upon satisfactory compliance with all pertinent sections of this article, as verified by the City. A permit holder in good standing shall not be required to take the examination required by this article to obtain renewal. A renewal fee of $100 or such other amount as established by resolution of the City Council shall be paid, to defray, in part, the cost of the renewal investigation required by this article.

(Ord. 680, § 2)

If, during the term of a permit, any facts set forth in an original or renewal massage permit application have changed, the permit holder shall notify the Sheriff, in writing, of such change within 10 business days thereafter.

(Ord. 680, § 2)

(a) If required of all new applicants by written order of the City Manager served in writing on all massage establishment permittees prior to the date of application, then as a condition to being granted a massage technician permit, each applicant shall be required to take and pass an examination consisting of a practical application test to certify the qualifications of the applicant, and a written test that will include questions on the contents of this article to ensure a complete understanding of the massage technician's duties, within 30 days of filing the application for a permit, or such other time as required by the Sheriff.

(b) The Sheriff shall establish standards and procedures governing administration, grading and noticing of the examination required by this section.

(c) The practical test required by this section shall be structured to fairly determine the ability of the applicant to properly perform the work which the applicant would be authorized to do by the permit applied for, shall require the applicant to demonstrate his or her knowledge of the practice of massage and shall cover the following basic subjects; anatomy, physiology, ethics, hygiene, and the practice and theory of massage, as massage is defined in this Code.

(d) The written test shall test the competency and ability of the applicant to engage in the practice of massage and his or her knowledge of the rules and regulations set forth in this article.

(e) The examination shall be prepared, conducted and graded by a City or Sheriff designee, or in its sole discretion, by a competent testing agency and/or instructor certified by the Council for Private Postsecondary and Vocational Education pursuant to Education Code Section 94311.1. Each applicant must, on his or her own, make arrangements with the approved testing agency for payment for and administration of the examination and a certificate of successful completion must be provided to the Sheriff.

(f) A score of 70% or better is required on each test. An applicant who fails to pass any section of the examination shall not be eligible to take another examination until 60 days after the previous examination. An applicant who fails to pass upon a second attempt, shall not again be eligible until six months thereafter. If an applicant has three or more convictions of any provision of the City Municipal Code, excepting provisions of this article, during any permit period, then upon renewal, the applicant must retake and pass the written examination.

(g) The examination will be in the English language. In the event the applicant requires that any section of the examination be given in another language, the applicant must, on his or her own, make arrangements with a court certified and/or Sheriff's Department approved interpreter to interpret the examination. Proof of valid Court certification must be provided to the Sheriff at least five business days prior to the administration of any non-English language examination.

(h) Notwithstanding any other provision of this section, if, within 12 months prior to the date of application, an applicant has passed a massage technician licensing examination substantially meeting the requirements of this article, administered by a testing agency or instructor for another city, and both the instructor or testing agency and examination are approved by the Sheriff, the applicant will not be required to take an additional test provided proof of having received a passing score in compliance with this section is provided.

(Ord. 680, § 2)

(a) Upon receipt of a written application for a massage technician permit, the Sheriff shall conduct an investigation to ascertain whether such permit should be issued as requested, and shall report his or her findings to the Business License Officer. The Business License Officer shall approve, conditionally approve or deny the application within 60 calendar days of filing. The 60 day period may be extended for a reasonable amount of time as required by the Business License Officer in order to obtain further information needed to fully process an application and complete the investigation. The Business License Officer shall issue such permit as requested, unless he or she makes any of the following findings:

(1) The applicant has not passed every section of the practical and written examination as required by this article.

(2) The applicant has been convicted, within the previous 10 years, of any of the following:

(i) A violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290; California Penal Code Sections 266h, 266i, 314, 316, 318; or Subsections (a), (b) or (d) of Penal Code Section 647; or an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, theft or an act of violence or any violation of law as to which the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415, 602, or any lesser included or related offense, or to any offense involving acts that would constitute a violation of California Penal Code Section 266h, 266i, 314, 316, or 318; or Subsection (a), (b) or (d) of Penal Code Section 647, in satisfaction of, or as a substitute for any of the foregoing listed crimes; or any crime, including any violation of a City or County ordinance that pertains to massage, committed while engaged in the ownership of a massage establishment or the practice of massage.

(ii) A violation of 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 or 11058, or

(iii) Any offense in any other state which is the equivalent of any of the above-mentioned offenses.

(3) The applicant has committed an act in another jurisdiction that, if committed in this State by a permit holder, would be grounds for denial, suspension or revocation of the permit under this article.

(4) The applicant has engaged in any of the conduct described in Subsections (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section within the previous 10 years.

(5) The applicant has had a massage establishment or massage technician permit or other similar license or permit denied, suspended or revoked for cause by the City, any State, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked, within 10 years prior to the date of application.

(6) The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact in the permit application process.

(7) The application does not contain the information required by Section 3-2.413.

(8) The applicant is not at least 18 years of age.

(9) The applicant has not paid the required fee(s) and/or satisfied all other requirements of this article in the time specified.

(b) If the application is denied based upon the provisions of Subsections (2), (3) or (4) of this section, the applicant may not reapply for a period of six months from the date the application was denied, and then only if the applicant is no longer disqualified by any provision of those subsections.

(c) If the Business License Officer, upon completion of the Sheriff's investigation, determines that the applicant does not fulfill the requirements set forth in this article, the Business License Officer shall deny the application by dated written notice to the applicant. The applicant shall have the right to appeal as set forth in Section 3-2.425.

(Ord. 680, § 2)

Except as provided in Section 3-2.403, it is unlawful for any massage establishment to engage in the business of providing out call massage services, or any massage technician to provide, or to offer to provide, massage at any location except a permitted massage establishment; provided, however, that a massage establishment or massage technician may obtain a special endorsement to the permit issued thereto specifically authorizing out call massage services. Notwithstanding the foregoing, every massage establishment engaged in the business of providing out call massage services must also maintain an ongoing, City-permitted massage establishment at a fixed location.

(Ord. 680, § 2)

Any massage establishment or massage technician desiring to provide out call massage services shall submit to the Business License Officer, an application to provide out call massage services within the City, together with a nonrefundable fee as established by resolution of the City Council. In addition to the requirements set forth herein pertaining to massage establishment permit or massage technician permit applications, as the case may be, the applicant shall submit detailed information setting forth the manner and means of transporting, to and from the premises where out call massage services are to be performed, the clean, sanitary towels, coverings and linens, sterilized instruments to be utilized, as well as any supplementary aids, equipment or devices to be utilized and the method(s) of disposal, cleaning and disinfecting thereof.

(Ord. 680, § 2)

All massage establishments and massage technicians authorized to provide out call massage services pursuant to this article shall keep a written record, at the massage establishment's or massage technician's principal place of business, of out call massage services performed, as required by Section 3-2.405(f) hereof and shall include the location, by street address including suite or apartment number, where such services have been performed.

(Ord. 680, § 2)

(a) It is unlawful for any massage technician to touch or massage the genital area of any patron or the breasts of any female patron or for any massage establishment or exempt business to allow or permit such activities.

(b) It is unlawful for any person to duplicate a massage technician badge, unless specifically required by law.

(c) It is unlawful for the holder of any permit issued under this article to operate any massage establishment or provide massage services in violation of this article, any other provision of the Artesia Municipal Code, or any State or Federal statute, regulation or law.

(Ord. 680, § 2)

When the grounds for revocation under this article are that the permit holder has engaged in immoral, improper, or illegal conduct, the permit may be suspended until the revocation hearing procedure has been completed.

(Ord. 680, § 1)

The Business License Officer may revoke a massage establishment permit, pending a hearing if an appeal is filed, upon receiving substantial evidence that the permit holder has made a material misrepresentation in the permit application, or if the permit holder, any managing responsible employee thereof or any of the persons enumerated in Section 3-2.404(i)(4) has been convicted of or entered a plea of guilty or nolo contendere to any charge of a violation of any of the provisions of this article or of any of the statutes set forth or described in Section 3-2.404(i)(4) or a lesser included offense thereof or has otherwise engaged in conduct, or been convicted of a crime, that would be grounds for denial of a permit hereunder. The Business License Officer shall provide the permit holder with written notice of the revocation by first-class mail, addressed to the street address of the massage establishment as shown on the application. The notice shall be deemed received three business days after mailing.

(Ord. 680, § 2)

The Business License Officer may revoke a massage technician permit, pending a hearing if an appeal is filed, upon receiving substantial evidence that the permit holder has made a material representation in the permit application, or has been convicted, entered a plea of guilty or nolo contendere, or has engaged in conduct in violation of any provision of this article or of any of the statutes or laws set forth or described in Section 3-2.417(a)(2) or (3) of this article, or to a lesser included offense thereof, or has otherwise engaged in conduct which would be grounds for denial of a permit hereunder. The Business License Officer shall provide the permit holder with written notice of the revocation by first-class mail, addressed to the permit holder's address as shown on the application. The notice shall be deemed received three business days after mailing.

(Ord. 680 § 2)

(a) Any applicant or permit holder, as the case may be, within 10 business days of the date of service of a written denial of an application for a permit under this article, or notice of revocation, may file a written appeal with the Business License Officer to be taken to the hearing officer. In the event an appeal is filed within the 10 day time frame, a suspension of the permit shall be in effect until the final decision has been rendered by the hearing officer following a hearing on the matter. If the applicant or permit holder does not file an appeal within the 10 day filing period provided herein, denial/revocation shall take effect immediately upon expiration of such filing period.

(b) The hearing officer shall render a written decision within 10 business days of the date the matter is submitted for decision following the hearing. The action of the hearing officer shall be final and conclusive unless, within 10 business days of the date of service of the hearing officer's decision, the appellant files a written appeal with the City Manager or designee of the City of Artesia to be taken to the City Council. In the event an appeal is filed within the 10 day time frame, a suspension of the permit shall be in effect until the final decision has been rendered by the City Council following a public hearing on the matter.

(c) Notice of any hearing and any decision required pursuant to this Section 3-2.425 shall be given in writing by first-class mail, addressed to the appellant at the address listed on the massage establishment application or massage technician application, as applicable, or the written appeal. Notice of a hearing shall be mailed at least 10 business days prior to the date of the hearing. The notice shall state the grounds for revocation or permit denial and shall state the time and place where such hearing will be held.

(d) No permit shall be revoked without a hearing conducted before the hearing officer or City Council concerning the cause for such revocation, unless all applicable appeal filing periods have lapsed. It is unlawful for any person to operate a massage establishment, carry on the business of massage or provide massage, when a permit therefor has been revoked and not reinstated.

(Ord. 680, § 2; Ord. 702, § 1)

Unless otherwise specifically provided by law, the burden is on the City in any hearing under this article to establish the basis for suspension, permit revocation or denial, based upon substantial evidence and supported by written findings.

(Ord. 680, § 2)