Burbank Municipal Code Div. 2 Massage Establishments

3-4-2203: LICENSE FEE:

A. Massage Establishment: Every person engaging in the business of owning or operating a massage establishment shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution.

B. Off Premises Massage Business: Every person engaging in the business of owning or operating an off premises massage business shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 2909; formerly numbered Section 8-202; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-2204: MASSAGE ESTABLISHMENT AND OFF PREMISES MASSAGE BUSINESS PERMITS; APPLICATION AND PROCEDURE:

A. Permit Required: It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on, upon any premises in the City, the operation of a “massage establishment” or of an “off premises massage business”, as herein defined, without first obtaining a permit so to do from the Community Development Department. The possession of a valid massage establishment permit or an off premises massage business permit does not authorize the permittee to perform work for which a massage technician permit is required.

B. Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee in the amount set forth in the Burbank Fee Resolution, plus the actual cost of any inspection by the Health Department required under subsection D of this section.

C. Application For Permit; Contents: Any person desiring to obtain a permit to operate a massage establishment or an off premises massage business shall make application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

If the applicant is a corporation or partnership, it shall designate one of its officers or general partners to act as its responsible managing officer, and such person shall complete and sign all application forms required by the Community Development Department.
If the applicant is a partnership, there shall be submitted a copy of any partnership agreement, which shall be certified by the responsible managing officer.
If the applicant is a limited partnership, there shall be submitted a copy of the limited partnership agreement, if any, and the certificate of limited partnership as filed with the County Clerk, which documents shall be certified by the responsible managing officer.
If the applicant is a corporation, or a partner of any partnership is a corporation, then the name of the corporation shall be set forth exactly as shown in the Articles of Incorporation, together with any authorizations to issue or transfer stock, as well as proof that said corporation is in good standing and, if a foreign corporation, duly authorized to transact business in the State of California.
The exact name, including any fictitious name, if applicable, under which the business is to be operated.
A description of the service or services to be provided, the address of the proposed location, and the facilities thereof.
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
The names and residence addresses of all massage technicians who are or will be employed, or acting as independent contractors, in the massage establishment or the off premises massage business.
The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
Every applicant for a permit, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director, and each stockholder holding five percent (5%) or more of the stock of a corporate applicant, shall furnish the following information:

a. The full name, date of birth, current residence and business address, and telephone numbers.

b. California driver’s license number or California identification number and social security number, if any.

c. Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

d. Each residence and business address for the five (5) years immediately prior to the date of filing the application, and the inclusive dates of each such address.

e. Written proof that each individual is at least eighteen (18) years of age.

f. Height, weight, sex, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.

g. The massage or similar business license or permit history of each individual; whether such individual, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

h. The name and address of any massage business or other establishment currently owned or operated by such individual wherein the business of massage is conducted.

i. Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

j. The names, current addresses and written statements of at least two (2) reliable property owners of Los Angeles County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility.

The name and address of the record owner and lessor of the real property upon or in which the massage establishment or off premises massage business is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the record owner of the property that a massage establishment or an off premises massage business will be located on said property.
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 and the qualifications of the applicant for the permit.
Such other identification and information as may be necessary to verify the truth of the matters hereinabove specified as required to be set forth in the application.

D. Permit Procedures:

Subsequent to the filing of an application for a massage establishment permit or an off premises massage business permit, the Community Development Department office shall transmit the application to the Chief of Police for investigation and report pursuant to Section 3-6-206 of this title.
Upon filing an application for an existing massage establishment permit, the Community Development Department office shall notify the Health Department. The Health Department shall cause an inspection to be made of the premises for which a permit is desired within twenty (20) days to ascertain if the premises are in compliance with all applicable health laws. If the premises are in compliance, the

Health Department shall issue a letter to the Community Development Department office so stating. If the premises are not in compliance, the Health Department shall issue a letter and shall reinspect the premises no more than twice upon written request of the applicant who shall pay all costs thereof. If a letter of full compliance is not issued by the Health Department within ninety (90) days of the date of the filing of the application, the application shall be deemed withdrawn and a new application must be filed. New massage establishments shall receive a permit subject to a timely compliance of this section, as authorized in subsection D7 of this section.

The Community Development Department, concurrently with the referral of an application to the Chief of Police, shall also refer such application to the Fire Department, Building Department, and Community Development and Planning Department to investigate and ascertain within the scope, jurisdiction and duties of said departments, whether the premises to be used are suitable, proper and adequate, and comply with the law for the issuance of the permit.
The investigating officers or representatives of said departments shall file with the Community Development Department their reports in writing, stating the extent of their investigation, particulars of objections, and their recommendations.
The Community Development Department, within ten (10) days after receiving the above mentioned recommendations, shall in its discretion grant or refuse to grant the permit.
In addition to grounds for refusal set forth in Section 3-6-603 of this title, no permit shall be granted:

a. In violation of any provision of this code or the applicable laws of the State of California; or

b. If it is found that the applicant, or any other person who will be directly or indirectly engaged in the ownership, management or operation of the massage establishment or the off premises massage business:

(1) Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

(2) Is not eighteen (18) years of age or older; or

(3) Has had a massage establishment, off premises massage business, massage technician, or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of application; or

(4) Has been convicted or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in Section 51032 of the Government Code, as amended from time to time, or is required to register under the provisions of Section 290 of the Penal Code, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.

The Community Development Department shall issue the permit if granted. The permit shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 2909; formerly numbered Section 8-203; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 3211, 3058.]

3-4-2205: OPERATING REQUIREMENTS AND FACILITIES:

The operating requirements for a massage establishment and for an off premises massage business are as set forth in subsection A of this section. The facilities requirements for a massage establishment are as set forth in subsection B of this section. No permit to conduct a massage establishment or an off premises massage business shall be granted unless an inspection is made under the provisions of this section, and it is determined that the applicant complies with the minimum requirements set forth in subsection A or B of this section, as may be applicable. A permit previously issued shall be subject to revocation or suspension if any such requirements are not met. Proof of compliance with all applicable provisions of this section shall be provided to the Community Development Department, Chief of Police, or their authorized representatives upon request.

A. Operating Requirements for Massage Establishments and Off Premises Massage Businesses:

Each person employed or acting as a massage technician shall have a valid permit issued by the Community Development Department. It is unlawful for any owner, operator, responsible managing officer, manager or permittee in charge of or in control of a massage establishment or off premises massage business to employ or permit a person to act as a massage technician who is not in possession of a valid, massage technician permit issued pursuant to the provisions of Division 3 of this article.
Massage services may be provided only between the hours of seven o’clock (7:00) A.M. and eleven o’clock (11:00) P.M. A massage establishment shall have at least one person who has a valid massage technician’s permit on the premises at all times while the establishment is open for business.
A list of services available and the cost of such services shall be posted in an open and conspicuous place on the business premises. The services shall be described in readily understandable language.
The owner, operator, responsible managing employee, manager or permittee of a massage establishment or an off premises massage business shall display in an open and conspicuous manner on the business premises the permit issued therefor and a true and correct copy of the permit of each and every massage technician employed thereby, and shall provide to every patron who so requests the information contained in such permits.
A permittee shall notify the Chief of Police in writing, within forty eight (48) hours, of any change in personnel with regard to massage technicians.
Every permittee operating a massage establishment shall cause to be kept, and every off premises massage technician employed by an off premises massage business shall keep, a record of the date, hour and place of each treatment, the name of the massage technician administering such treatment, and the type of treatment administered. Each patron shall be required to supply reliable verification of their identity. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor, and any such officer or employee shall be subject to the penalty provisions of this code in addition to any other penalties provided by law. Said records shall be maintained for a period of two (2) years.
No person owning, operating, or managing a massage establishment or an off premises massage business shall knowingly cause, allow or permit any agent, employee, or any other person under their control or supervision to perform acts prohibited by State or local laws or ordinances. “Knowingly” includes both actual and constructive knowledge.
No massage establishment or off premises massage business holding a permit under this article shall depict, place, publish, distribute, or cause to be depicted, placed, published or distributed any advertising matter that suggests to prospective patrons that any services are available other than those services permitted by this article, or which would suggest that employees, attendants or massage technicians are dressed in any manner other than that permitted by this article, and all advertisements shall contain the number of the City permit held by the massage establishment or the off premises massage business.
No massage establishment or off premises massage business shall operate as a school of massage, nor operate in the same location, nor use the same facilities as that of a school of massage except as otherwise may be provided by law.
All massage technicians, employees and attendants shall wear clean, nontransparent outer garments covering the sexual or genital areas, the use of which garments is restricted to the massage establishment, or, in the case of an off premises massage business, to the location where massage services are administered.
The sexual or genital areas of patrons shall be covered with towels, clothes or undergarments when in the presence of an employee, attendant or massage technician, whether in a massage establishment or, in the case of an off premises massage business, at any location where off premises massage is administered.
It shall be unlawful for any person employed by a massage establishment or by an off premises massage business to place their hand upon or to touch with any part of their body, or to fondle in any manner, or to massage, a sexual or genital area of any patron.

B. Facilities Requirements for Massage Establishments:

The Health Department shall, from time to time, and at least once a year, make an inspection of each massage establishment in the City for the purposes of determining that the health provisions of the laws of the State of California and ordinances of the City of Burbank are met. The actual costs of any such inspection shall be added to the annual permit renewal fee.
A minimum of one tub or shower and one toilet and wash basin shall be provided for the patrons in every massage establishment location; however, if male and female patrons are to be served simultaneously at said establishment, separate toilet facilities shall be provided for male and female patrons. In those establishments where steam rooms or sauna baths are provided, if male and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all wash basins, bathtubs, showers, and similar equipment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room. In addition to the wash basin provided for patrons, a minimum of one separate wash basin shall be provided in each massage establishment which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers. Exception: If the wash basin for the patrons is not in the toilet room, but is adjacent thereto, this wash basin will meet the separate wash basin requirement if it is reasonably close to the area devoted to the performing of massage. Any business whose primary function is not massage but offers “chair massage”, as defined in section 3-4-2201 of this chapter, is exempt from this requirement if all of the following conditions are met:

(a) The massage technician and the person receiving the chair massage shall remain “fully clothed”, as defined in section 3-4-2201 of this chapter, at all times.

(b) The chair massage must take place within public view in a well lit area at all times; such massage shall not take place in any private area of any building or room.

(c) At no time may any part of the massage technician’s body or any mechanical device or apparatus operated by the massage technician touch any “sexual or genital area”, as defined section 3-4-2201 of this chapter.

(d) Chair massage may not take place in any business establishment which has as a primary business activity the serving of food, beverages or alcoholic beverages.

Minimum ventilation shall be provided in accordance with the Uniform Building Code.
Minimum lighting shall be provided in accordance with the Uniform Building Code and, in addition, at least one artificial light of not less than sixty (60) watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.
All walls, ceilings, floors, pools, showers, bathtubs, wet and dry heat rooms, steam or vapor rooms, tables and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, showers, compartments and toilet rooms shall be thoroughly cleaned at least once each day the establishment is in operation. Bathtubs shall be thoroughly cleaned after each use.
Clean and sanitary towels, sheets and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless they have been first relaundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled linen and shall be plainly marked: “clean linen”, “soiled linen”.
Disinfecting agents and sterilizing equipment approved by the Health Department shall be provided for any instruments used in performing any massage.
Pads used on massage tables shall be covered in a workmanlike manner with durable, washable plastic or other waterproof material acceptable to the Health Department.
All exterior doors shall be unlocked from the interior side during business hours.
A separate locker shall be provided for each person to be served, which locker shall be capable of being locked and available at no extra charge.
No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drugs. The owner, operator, responsible managing officer, manager or permittee shall not permit any such person to enter or remain upon such premises.
A readable sign shall be posted at the main entrance identifying the establishment as a massage establishment: provided, that all such signs shall comply with the sign requirements of the City. [Added by Ord. No. 2909; formerly numbered Section 8-204; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. 3828, eff. 8/24/12; 3635.]

3-4-2206: REVOCATION AND SUSPENSION OF PERMIT:

Any permit issued under this Division 2 shall be summarily and temporarily suspended by the Chief of Police upon information and belief, or knowledge, that the holder of such permit has violated or failed to comply with any of the provisions concerning operating requirements and facilities set forth in Section 3-4-2205 of this article, or has failed to enforce said provisions. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is posted and as required by Title 2, Chapter 1, Article 15 of this code. [Added by Ord. No. 2909; formerly numbered Section 8-205; renumbered by Ord. No. 3058, eff. 2/21/87; 3048.]