Big Bear Lake Municipal Code Ch. 5.52 Massage Parlors and Massage Technicians

The following words and phrases, as used in this chapter, shall have the signification and meaning attached to them in this chapter unless otherwise clearly apparent from the context:

A. "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

B. "Massage parlor" means and includes any massage parlor, or any room, place or institution where massage of the human body is given or administered for consideration of any kind.

C. "Massage technician" means and includes any person who gives, performs or administers to another person a massage as defined in subsection A of this section.

D. "Person" means and includes person(s), firms, corporations, associations or any other form of business organization or group.

E. "Recognized school" means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technician or therapist, which school requires a resident course of study of not less than two hundred hours to be given before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning.

(Ord. 82-72 § 1(part), 1982)

It is unlawful for any person to practice, engage in or carry on the business or activities of a massage technician or massage parlor within the city without having a license under this chapter to do so and complying with all regulations and requirements as hereinafter contained and set forth. It is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage parlor to employ or permit a person to act as a massage technician, as defined in this chapter, within the city, who is not in possession of a valid unrevoked massage technician license issued by the city.

(Ord. 82-72 § 1(part), 1982)

This chapter shall not apply to the following classes of individuals, and no permit shall be required of such persons, while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state;

B. Nurses who are registered as such under the laws of the state;

C. Barbers, beauticians and cosmetologists who are duly licensed under the laws of the state;

D. Athletic team of personal athletic trainer;

E. Acupuncturists who are duly certified to practice their profession in the state.

(Ord. 82-72 § 1(part), 1982)

No license to conduct a massage parlor shall be issued unless an inspection by the sheriff's department discloses that the massage parlor premises and operation will at all times comply with each of the following minimum requirements:

A. A readable sign shall be posted at the main entrance identifying the establishment as a massage parlor, provided, also that all such signs shall otherwise comply with the sign requirements of city ordinances.

B. Minimum lighting shall be provided in accordance with the Uniform Building Code, and, additionally, at least one artificial light of not less than forty watts shall be provided and used at all times in each enclosed room or booth where massage services are being rendered.

C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

D. Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided.

E. Hot and cold running water shall be provided.

F. Closed cabinets shall be utilized for the storage of clean linen.

G. Adequate dressing and toilet facilities shall be provided for patrons.

H. All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the massage parlor shall be kept in good repair, maintained in a clean and sanitary condition.

I. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted.

J. The premises to be used shall at all times be in compliance with applicable laws.

(Ord. 82-72 § 1(part), 1982)

A. Any person desiring to obtain a license to operate a massage parlor or engage in massage technician services shall make written application to the clerk of the city council, who shall refer all such applications to the sheriff for an appropriate investigation.

B. A license to perform massage services as a massage technician does not authorize the operation of a massage parlor.

C. Any person licensed to perform as a massage technician who desires to operate massage parlor shall separately apply for a license therefore.

D. An applicant for a license under this chapter shall submit the following information:

1. Full name and any alias heretofore used or currently used and current address;

2. Fingerprints as may be required by the sheriff;

3. The two previous business and residence addresses of the applicant immediately prior to the current address;

4. Written proof that the applicant is over the age of eighteen years;

5. Applicant's height, weight, and color of eyes and hair;

6. Two current photographs at least two inches by two inches in size;

7. The business, occupation or employment of the applicant for three years immediately preceding the date of the application and the location where the licensed activities will be conducted;

8. Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefore, and any business activity or occupation subsequent to the action of suspension or revocation;

9. All convictions and the grounds therefore;

10. A certificate from the health officer designating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease.

11. Applicants for a massage technician license must in addition to the above requirements, furnish a diploma or certificate of graduation from a recognized school or other institution of learning as defined in this chapter. The sheriff shall determine whether this educational requirement has been met.

(Ord. 2002-329 § 1(o), 2002; Ord. 82-72 § 1(part), 1982)

Every person practicing, engaging in or carrying on the activities or business of a massage parlor and every person practicing, engaging in or carrying on the activities or work of a massage technician shall procure a license and pay a license fee. The license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.

(Ord. 2002-329 § 1(p), 2002; Ord. 2002-326 § 1(part), 2002; Ord. 82-72 § 1(part), 1982)

A. Upon payment of all fees, submitting of all information required by the application and upon proper inspection and investigation, a license shall be issued to applicants therefore by the clerk of the city council only if all requirements of this chapter and all other applicable laws are met, and such compliance is reported to the clerk of the council by the sheriff pursuant to his investigation under this chapter. A license shall also be denied upon a showing of any of the matters set forth in California Government Code, Section 51032.

B. Any person denied a license pursuant to this chapter may appeal to the city council in writing, stating reasons why the permit should be granted. The city council may grant or deny the permit. The city council may also review any determination of the clerk of the council granting or denying a permit on its own motion. Any appeal must be made within ten days of denial of a license. The city council may hear appeals directly or in its sole discretion may appoint a hearing officer to hear any appeal and make a recommendation to the city council pursuant to the San Bernardino County Code, Section 12.270 et seq. The decision of the city council on any appeal shall be final.

C. All licenses issued under this chapter are nontransferable, both as to location and the person holding a license. Every person to whom a license has been granted shall display the license in a conspicuous place where the licensed activities are performed or conducted.

(Ord. 82-72 § 1(part), 1982)

Every license issued under this chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to the termination pursuant to Section 5.52.120. Any renewal of a license issued under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original license.

(Ord. 82-72 § 1(part), 1982)

No massage parlor shall be open between the hours of ten p.m. and seven a.m. Massage parlors shall not serve food or beverages on the premises of the massage parlor.

(Ord. 82-72 § 1(part), 1982)

No massage technician or massage parlor owner or employee may expose his or her genitals, buttocks, or in the case of a female, her breast(s), nor in the course of administering a massage, make intentional contact with the genitals or anus of any other person.

(Ord. 82-72 § 1(part), 1982)

Every person, association, firm or corporation operating a massage parlor under a license as provided in this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement and for other purposes related to this chapter.

(Ord. 82-72 § 1(part), 1982)

A. No license issued under this chapter shall be revoked until notice and a hearing shall have been held before the city council or in the council's sole discretion a hearing officer appointed by the city council to hear the appeal and make a recommendation to the council under San Bernardino County Code, Section 12.270 et seq. to determine just cause for revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license, and shall designate the time and place where such hearing will be held.

B. The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person over the age of eighteen years. In the event the license holder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the city council in a revocation appeal shall be final.

C. A license issued under this chapter may be revoked upon one or more of the following grounds:

1. That the holder practiced fraud or deceit in being licensed under this chapter;

2. That the holder violated a provision or provisions of this chapter;

3. That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude. The conviction of a felony shall be the conviction of an offense which, if committed within this state, would constitute a felony under the laws thereof;

4. That the facilities and operations of the massage parlor are not kept in compliance with this chapter as set forth in Section 5.52.040;

5. That the holder has employed, allowed or permitted an unlicensed person to perform massage in the holder's massage parlor;

6. That the holder or the holder's employees have violated state or local laws in conducting activities licensed and regulated by this chapter.

(Ord. 82-72 § 1(part), 1982)

Any massage parlor operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the district attorney may in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment hereof, in the manner provided by law; and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage parlor and restrain and enjoin any person from operating, conducting or maintaining a massage parlor contrary to the provisions of this chapter.

(Ord. 82-72 § 1(part), 1982)

The provisions of this chapter shall be enforced by the sheriff.

(Ord. 82-72 § 1(part), 1982)

Violation of any of the provisions of this chapter is a misdemeanor and punishable by a fine not exceeding five hundred dollars or by imprisonment in the city jail not exceeding six months, or by both such fine and imprisonment.

(Ord. 82-72 § 1(part), 1982)