Chapter 5.60 — AROMATHERAPY ESTABLISHMENTS AND AROMATHERAPY TECHNICIANS

The city council finds and declares as follows:

(1)

The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.

(2)

The city is authorized to regulate aromatherapy establishments by imposing reasonable standards relative to the skill and experience of aromatherapy operators and aromatherapy technicians and reasonable conditions on the operation of aromatherapy establishments.

(3)

There is a significant risk of injury to aromatherapy clients by improperly trained and/or educated aromatherapy technicians and this chapter provides reasonable safeguards against injury and economic loss.

(4)

There is opportunity for acts of prostitution and other unlawful sexual activity to occur in aromatherapy establishments. Aromatherapy establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity.

(5)

The restrictions and requirements contained in this chapter reduce the burdens on the sheriff's department and permit the deployment of police personnel such that more serious crimes may be prevented and more important laws enforced.

(6)

The regulations and restrictions contained in this chapter tend to discourage aromatherapy establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.

(Ord. 578 §1(part), 2004).

The following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

(1)

"Employee" means any person, other than an aromatherapy technician, who renders any service to an aromatherapy establishment and who receives compensation directly from the aromatherapy establishment permittee or the permittee's agent.

(2)

"Aromatherapy" means the use of fragrant, concentrated, volatile oils, candles or scents from parts of plants, such as their flowers, fruit, stalks, roots, and bark, for the purpose of improving a person's health and well being.

(3)

"Aromatherapy activities" means, but are not limited to, holding oneself out as an aromatherapy technician; being employed as an aromatherapy technician; acting as an aromatherapy technician; assigned to perform aromatherapy; or giving an aromatherapy.

(4)

"Aromatherapy establishment" means any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on as a regular function, any of the activities set forth in subsection (2) of this section. Any establishment engaging in or carrying on, or permitting any combination of, aromatherapy and health treatments, or aromatherapy and hydrotherapy or bioenergetics shall also be deemed an aromatherapy establishment.

(5)

"Aromatherapy technician" means any individual who administers aromatherapy to another person for any consideration whatsoever.

(6)

"Permit" means the permit to operate an aromatherapy establishment as required by this chapter or an aromatherapy technician permit as required by this chapter.

(7)

"Person" means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.

(8)

"Recognized school of aromatherapy" means (1) any school or institution of learning which complies with and has been approved pursuant to the Private Postsecondary and Vocational Education Reform Act of 1989 (California Education Code Sections 94700 et seq.), or a successor statute thereto, which school or institution teaches the theory, ethics, practice, profession, or work of aromatherapy and which requires for graduation a resident course of study of not less than three hundred hours before the student shall be furnished with a diploma or a certificate of completion; or (2) any school or institution of learning outside the State of California which school or institution (i) teaches the theory, ethics, practice, profession, or work of aromatherapy, (ii) requires for graduation a resident course of study of not less than three hundred hours before the student shall be furnished with a diploma or a certificate of completion, (iii) complies with standards commensurate with those set forth in the Private Postsecondary and Vocational Education Reform Act of 1989, and (iv) has been approved by the board of education, or similar governmental regulatory body, of the state in which it is located. Schools that offer a correspondence course not requiring attendance shall not be deemed a "recognized school of aromatherapy."

(9)

"Specified anatomical areas" refers to genitals, pubic areas, cleft of the buttocks, perineum and anal regions or the vulva or female breasts.

(10)

"Specified Criminal Act" means (1) any violation of Penal Code sections addressing prostitution or lewd and disorderly conduct including but not limited to Sections 266i, 315, 316, 318, or subdivision (b) of Section 647 of the Penal Code or the applicable section as it is referenced in the Penal Code as of the date of citation; (2) a violation of any felony offense involving the sale of a controlled substance specified in

Sections 11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code or the applicable section as it is referenced in the Health and Safety Code as of the date of citation; (3) any offense involving the use of force or violence upon a person; (4) any offense involving tax evasion, theft, embezzlement or moral turpitude; or (5) an offense committed in another state which, if committed or attempted in this state, would be punishable as one or more of the above-mentioned offenses.

(11)

"Transfer of ownership or control of an aromatherapy establishment" means and includes any of the following:

(A)

The sale, lease or sublease of the business;

(B)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(C)

The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(Ord. 578 §1(part), 2004).

(a)

An applicant for the operation of an aromatherapy establishment shall apply for and submit a completed application for an aromatherapy establishment permit. An aromatherapy establishment shall not be permitted to commence or continue business without the required valid permits and licenses.

(b)

An applicant for an aromatherapy establishment permit shall file a written, signed and verified application or renewal application on a form provided by the city administrator. Such application shall contain:

(1)

The applicant's legal name, aliases, current residential address and all previous residential addresses (other than post office box) for eight years immediately preceding the present address of the applicant.

(2)

Information regarding the ownership of the aromatherapy establishment:

(A)

The type of ownership of the business, i.e., whether by individual, partnership, corporation, or otherwise.

(B)

If the applicant is a corporation, the business name shall be set forth exactly as shown in its articles of incorporation. The applicant shall provide the date of its incorporation, and evidence that the corporation is in good standing under the laws of the State of California. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning more than five percent of the stock of the corporation in addition to the name of the registered corporate agent and the address of the registered office for service of process;

(C)

If the applicant is a partnership, the applicant shall provide the name and residential address of each of the partners, including any limited partners, and a copy of the partnership agreement, if any. If the applicant is a limited partnership, the application shall include a copy of its certificate of limited partnership filed with the secretary of state. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply;

(D)

If the aromatherapy establishment is owned by an individual, the individual must sign the permit application as the applicant. If the aromatherapy establishment is owned by a corporation, partnership or other type of business entity providing for ownership or control by more than one person, the business entity shall designate one of its officers or general partners to act as its responsible managing officer. Such designated officer shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged;

(3)

If the aromatherapy establishment is to be operated under a name other than that of the applicant, the applicant shall:

(A)

State the aromatherapy establishments' fictitious business name; and

(B)

Submit the required registration documents for such fictitious business name.

(4)

The applicant's fingerprints on a form provided by and in a manner prescribed by the sheriff's department and two portrait photographs of the applicant (two-inch by two-inch minimum size), taken within the sixty days immediately prior to the date the application is filed, clearly showing the applicant's face. Any fees for the fingerprints and photographs shall be paid by the applicant. If the city approves the permit application, the city shall retain one photograph in the application file and affix the other photograph to the permit issued to applicant;

(5)

The applicant's age, date and place of birth, California driver license number (or California identification card number, if applicant does not have a California driver license), and applicant's state or federally issued tax identification number;

(6)

Whether the applicant, or any proposed aromatherapy technicians, employees, owners or operators of the aromatherapy establishment, including, if the applicant is a corporation, any of its officers or directors, have ever been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(7)

Whether the applicant, or any proposed aromatherapy technicians, employees, owners or operators of the aromatherapy establishment, including, if the applicant is a corporation, any of its officers or directors, have ever been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(8)

A detailed description of the operation and type of services to be provided by the aromatherapy establishment and the number of aromatherapy technicians and other persons to be employed by the business;

(9)

Hours of operation;

(10)

The address of the proposed aromatherapy establishment location and floor plan indicating how the use is proposed to be conducted within the building;

(11)

The names and residential addresses of all persons who will manage or supervise the aromatherapy establishment;

(12)

The amount and location of security, security cameras, both within the interior and exterior premises of the aromatherapy establishment;

(13)

A list of names and residential addresses of all aromatherapy technicians who will provide aromatherapy services at the aromatherapy establishment;

(14)

A description of any other business operated on the same premises, or within the city or the State of California that is owned or operated by the applicant;

(15)

Applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the aromatherapy or similar business history and experience of the applicant;

(16)

The complete aromatherapy permit history of the applicant, including but not limited to whether the applicant has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such permit or license; whether such license was denied, revoked or suspended, or if a vocational or professional license or permit was denied, revoked or suspended, and the reasons therefore;

(17)

The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgement from the owner of the property that an aromatherapy establishment will be located on his or her property;

(18)

For a renewal application, the applicant shall attach a copy of the permit to be renewed and shall indicate any changes to any information filed with the previous application;

(19)

Applicant's authorization for the city, its employees, agents, and contractors, to seek information and conduct investigations to determine the truthfulness of the statements and information set forth in the application and applicant's qualifications for a permit;

(20)

A notarized affidavit signed by applicant stating that applicant has reviewed and is familiar with the requirements set forth in this chapter and that all information contained in the application is true and correct.

(21)

An aromatherapy establishment must have at least one licensed aromatherapy technician as required by this chapter working at all times during all hours of operation.

(c)

All applications for a permit or renewal shall be filed with the city business license division of the city of Commerce subject to investigation by the sheriff's department. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Upon receipt of an application properly filed with the city business license division and upon payment of the nonrefundable application fee, the city business license division shall immediately stamp the completed application as received and shall immediately thereafter send photocopies of the application to the sheriff's department. The sheriff's department shall promptly conduct an investigation of the applicant and the proposed aromatherapy establishment permit application in accordance with its responsibilities under the law and as set forth in this chapter. At the conclusion of its investigation, the sheriff's department shall submit the results of its investigation on the photocopy of the application, dated, signed and returned to the city business license division. The sheriff's department's investigation shall be completed within ninety days of the applicant's filing of a complete application with the city. An application shall not be deemed to be complete until the city has received payment of the required application fee. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the application, the application will be denied by the city administrator or his or her designee.

A permit shall automatically be issued if a decision has not been made by the city business license division on the application for a permit within ninety days of receipt of a completed application. Any permit issued pursuant to this subsection shall be deemed conditional pending the city's receipt of the California department of justice report on the fingerprints submitted by the applicant. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the application or in any report or record relevant to the permit required to be filed with the sheriff's department, or other department of the city, the permit shall be subject to revocation pursuant to Section 5.09.170.

(d)

In considering a completed application for a permit pursuant to this chapter, the city business license division shall approve the permit, unless it finds that one or more of the following is true:

(1)

The proposed aromatherapy establishment and any building, structure, equipment and location to be used by the proposed aromatherapy establishment does not comply with the requirements and standards of the health, zoning, fire, and safety laws, and any other applicable laws, of the State of California or of the city;

(2)

Any applicant, or any employee, agent, partner, director, officer, stockholder or manager of applicant, has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record relevant to the permit required to be filed with the sheriff's department, or other department of the city;

(3)

Any applicant, or any employee, agent, partner, director, officer, stockholder or manager of applicant, has had any type of aromatherapy establishment permit or aromatherapy technician permit denied or revoked for cause by any public entity within eight years of filing the application;

(4)

The applicant is under eighteen years of age;

(5)

The applicant is delinquent in paying city business license fees or penalties owed in relation to any aromatherapy establishment;

(6)

The application or permit fee required by this chapter has not been paid; or

(7)

The applicant, or any proposed aromatherapy technician, employee, owner or operator of the aromatherapy establishment, including, if the applicant is a corporation, any of its officers or directors, has been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code.

(e)

Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. Applicant's failure to supplement the application on file with the city business license division within thirty days from the date the information changes shall be grounds for suspension of the permit.

(f)

The fact that an applicant possesses other types of state or city permits and/or licenses does not exempt the applicant from the requirement of obtaining an aromatherapy establishment permit.

(g)

Any aromatherapy establishment requiring an aromatherapy establishment permit shall also obtain a business license pursuant to Title 5, Chapter 5.04 of the Commerce Municipal Code.

(Ord. 578 §1(part), 2004).

(a)

An aromatherapy technician shall not engage in or participate in any aromatherapy activities in the city unless the aromatherapy technician has applied for and been issued a current aromatherapy technician permit.

(b)

An applicant for an aromatherapy technician permit shall file a written, signed and verified application or renewal application on a form provided by the city administrator. Such application shall contain:

(1)

Applicant's legal name and any other names or aliases used by the applicant;

(2)

Applicant's age, date of birth, and place of birth;

(3)

Applicant's current residential address and telephone number;

(4)

Applicant's California driver license number or California identification card number;

(5)

Satisfactory written proof that the applicant is at least eighteen years of age;

(6)

Applicant's fingerprints on a form provided by and in a manner prescribed by the sheriff's department and two portrait photographs of the applicant (two-inch by two-inch minimum size), taken within the sixty days immediately prior to the date the application is filed, clearly showing the applicant's face. Any fees for the fingerprints and photographs shall be paid by the applicant. If the city approves the permit application, the city shall retain one photograph in the application file and affix the other photograph to the permit issued to applicant;

(7)

A statement detailing the applicant's employment and permit history for the five years immediately preceding the date of the filing of the application, including whether the applicant was previously licensed, permitted, or authorized conduct business or was seeking such license, permit, or authorization to conduct business in this or any other county, city, or state, and whether the applicant has ever had such license, permit, or authorization to conduct business, denied, revoked, or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation, or suspension;

(8)

Whether the applicant has ever been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(9)

If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed;

(10)

For a renewal of a permit under this section, the applicant shall also indicate any changes to the application since the filing of the initial application;

(11)

Applicant's authorization for the city, its employees, agents and contractors, to seek information and conduct investigations to determine the truthfulness of the statements and information set forth in the application and applicant's qualifications for a permit;

(12)

An original or certified copy of a diploma or certificate of graduation from a recognized school of aromatherapy;

(13)

Proof that the applicant has, within twelve months immediately preceding the date of application, passed an examination administered by the county of Los Angeles health department;

(14)

Proof that the applicant has obtained a certification from the aromatherapy registration council to perform aromatherapy shall be required of all aromatherapy technicians seeking to apply for or to renew a permit issued pursuant to this section. The city shall commence revocation deny renewal of the permit or initiate proceedings to revoke the permit per Section 5.60.170 should the aromatherapy technician not comply with the certification requirements.

(c)

All applications for a permit or renewal shall be filed with the city business license division subject to investigation by the sheriff's department. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which shall be used to defray the costs of investigation, inspection and processing of such application.

(d)

The report of the sheriff's department regarding a permit application shall be issued within ninety days of filing a complete application. At the conclusion of the investigation, the results shall be indicated on the

photocopy of the application, dated, signed and returned to the city business license division. A permit shall automatically be issued if a decision has not been made by the city business license division on the application for a permit within ninety days of receipt for a completed application. Any permit issued pursuant to this subsection shall be deemed conditional pending the city's receipt of the California department of justice report on the fingerprints submitted by the applicant. If the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the permit application, in any report or record required to be filed with the sheriff's department, or other department of the city the application shall be denied. If, however, a permit is issued and the fingerprint report demonstrates that the applicant has made any false, misleading or fraudulent statement of material fact in the permit application or in any report or record required to be filed with the sheriff's department, or other department of the city, the permit shall be subject to revocation pursuant to Section 5.09.170.

(e)

Following the sheriff's department's investigation, the city business license division shall issue a permit or renewal, unless one or more of the following are found to be true;

(1)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report or record relevant to the permit required to be filed with the sheriff's department, or other department of the city;

(2)

The applicant had any type of aromatherapy establishment permit or aromatherapy technician permit revoked by any public entity within two years of the date of the application;

(3)

The applicant is under eighteen years of age;

(4)

The applicant is delinquent in paying city fees or penalties owed in relation to the aromatherapy technician permit;

(5)

The application or permit fee required by this chapter has not been paid;

(6)

That the applicant has been convicted of any penal code or municipal code violation, whether a felony or misdemeanor, or lesser offense from the violation originally charged, and, if so, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction, or whether the applicant is required to register under the provisions of Section 290 of the Penal Code;

(7)

Prior revocation of a permit or business license from a municipal or governmental agency.

(f)

The fact that an applicant possesses other types of state or city permits and/or licenses does not exempt the applicant from the requirement of obtaining an aromatherapy technician permit.

(g)

Any application for a permit pursuant to this chapter is considered to be a ministerial act. Issuance or denial of the permit under the chapter is not subject to administrative appeal. The decision of the city business license division is subject to prompt judicial review by a court of competent jurisdiction in accordance with California law.

(Ord. 578 §1(part), 2004).

A permittee under this chapter shall permit representatives of the sheriff's department, health department, fire department, code enforcement, city administrator, or other city departments or agencies to inspect any and all areas within the aromatherapy establishment, regardless of whether such area is occupied or in use, on an unscheduled basis, for the purpose of assuring compliance with the law, at any time the aromatherapy establishment is occupied or opened for business. A person who operates an aromatherapy establishment or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

(Ord. 578 §1(part), 2004).

Each permit issued under this chapter shall expire one year from the date of issuance and may be renewed only by making an application as provided in this chapter. Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the permit will not be affected. A renewal application shall contain all materials required for an initial permit, and recent photographs of the renewal applicant. The applicant will be required to submit fingerprints for review by the department of justice every three years from the date of initial submission.

(Ord. 578 §1(part), 2004).

When the city business license division denies the issuance or renewal of a permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the city or its designee finds that the basis for denial has been corrected, the permit shall be issued or renewed within ninety days of such finding. Denial of an application made solely because the application is incomplete shall not be subject to the waiting periods as provided in this section.

(Ord. 578 §1(part), 2004).

(a)

A permit issued pursuant to this chapter may be suspended or revoked at any time in accordance with the procedures set forth as follows:

(1)

The city administrator or his or her designee shall provide due notice to the permittee of a hearing and shall conduct such hearing within a reasonable time to furnish evidence to the city administrator or his or her designee.

(2)

In order to suspend or revoke a permit under this chapter, the city administrator must find that:

(A)

The permittee has carried on the licensed activities in an illegal, improper, or disorderly manner;

(B)

The permittee, in carrying on the licensed activities, has violated or permitted the violation of any law of the state or any provisions of this code;

(C)

The conditions of the license have been materially or repeatedly violated; or

(D)

Any condition or fact exists which would, if known at the time of issuance of the license, have been grounds for denying the permit.

(b)

A permit issued pursuant to this chapter may be suspended or revoked in accordance with the following grounds:

(1)

The building, structure, equipment, and location used fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the city of Commerce. In the event of such statute, code, ordinance, or regulation violation, the city, or its designee, shall allow the permittee a seven working day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven working day period, the city, or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension. The suspension shall remain in effect until the violation has been corrected;

(2)

The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading, or fraudulent statements of material facts in the application for a permit, or in any report or record relevant to the permit required to be filed with the sheriff's department, or other department of the city;

(3)

The permittee has had any type of aromatherapy establishment or aromatherapy technician permit revoked by any public entity within two years of the date the permit was issued;

(4)

The permittee is convicted of tax violations for any taxes or fees related to an aromatherapy establishment;

(5)

The permittee, or any aromatherapy technician, employee, owner or operator of the aromatherapy establishment, including, if the applicant is a corporation, any of its officers or directors, has been convicted of a Specified Criminal Act, a felony or misdemeanor offense or lesser offense from the violation originally charged or any such person is required to register under the provisions of Section 290 of the Penal Code;

(6)

Sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred at the aromatherapy establishment;

(7)

The aromatherapy establishment has employed minors;

(8)

The permittee, or any employee, agent, partner, director, officer, stockholder, or manager of permittee, has violated any provision of this chapter;

(9)

The permittee, or any employee, agent, partner, director, officer, stockholder or manager of permittee, refused to allow the lawful inspection of the premises; and

(10)

The permittee failed to abide by a disciplinary action previously imposed by a city official.

(c)

Once a permit is revoked, the revocation shall continue for one year and the permittee shall not be issued an aromatherapy establishment permit or aromatherapy technician permit for one year from the date the revocation became effective. If, subsequent to revocation, the city administrator finds that the basis for

revocation under this chapter has been corrected, the applicant shall be granted a permit if at least ninety days have elapsed since the date revocation became effective.

(d)

Appeals. An appeal may be made to the city council from any decision or determination of the city administrator pursuant to this chapter. The appeal shall be in writing and shall be filed with the city clerk within ten days from the mailing to the permittee of the decision or determination of the city administrator. Any such appeal shall specify the decision from which the appeal is taken and the grounds of the appeal. The city council shall hold a public hearing on the appeal. At any such hearing, the permittee shall be entitled to be present, to be represented by an attorney, and to present witnesses and testimony in support of his appeal. The decision of the city council with respect to any appeal shall be final.

(Ord. 578 §1(part), 2004).

A permittee shall not transfer an aromatherapy establishment permit or an aromatherapy technician's permit to another, nor shall a permittee operate an aromatherapy establishment under the authority of a permit at any place other than the address designated in the application. Any permit that is transferred in violation of this section shall immediately become null and void.

(Ord. 578 §1(part), 2004).

If the city administrator believes that a regular and substantial portion of a business operating within the city has the characteristics of an aromatherapy establishment, regardless of whether the business has been issued a current aromatherapy establishment permit, then the city administrator may require that the business make available for review by the city's authorized representative, at reasonable times and places, complete records of the businesses' transactions, including its sales, receipts, purchases and other expenditures. In the event such records cannot be made available within the city of Commerce or within a distance of fifty miles therefrom, the operator of the business is required to reimburse the city for the cost of all transportation, lodging, meals, portal to portal travel, time and other incidental costs reasonably incurred by the city in performing such audit.

(Ord. 578 §1(part), 2004).

It is unlawful for any person to commence, conduct, own, manage, operate, be in charge of, participate in or sponsor an aromatherapy establishment, which is not fully in compliance with the following operational standards:

(1)

Hours and Conditions of Operation.

(A)

No aromatherapy establishment shall operate nor shall any aromatherapy be administered in any aromatherapy establishment between the hours of ten p.m. and eight a.m. An aromatherapy begun any time before ten p.m. must nevertheless terminate prior to ten p.m. The hours of operation must be displayed in a conspicuous public place in the lobby within the aromatherapy establishment and in the front window clearly visible from the outside of the aromatherapy establishment.

(B)

No aromatherapy establishment may be open for business, unless there is at least one aromatherapy technician, holding a current, unrevoked permit, on the premises at all times.

(2)

Posting Requirements.

(A)

The aromatherapy establishment permit, city business license, and a copy of the permit of each and every aromatherapy technician providing aromatherapy services in the aromatherapy establishment shall be displayed in an open and conspicuous public place in the reception area of the premises. Permits shall be displayed such that the photographs affixed thereto shall not be obstructed from view.

(B)

A list of services available and the cost of such services shall be posted in an open and conspicuous public place in the reception area of the premises. No owner, operator, responsible managing employee, manager, or permittee in charge of, or in control of the aromatherapy establishment, shall permit, and no aromatherapy technician shall offer to perform any services other than those posted.

(C)

A sign shall be posted outside the main entrance identifying the establishment as an aromatherapy establishment; provided, that all such signs shall comply with the sign requirements of the city.

(D)

The building entrance to an aromatherapy establishment shall clearly and legibly post a notice indicating that persons under eighteen years of age are precluded from entering the premises. Such notice shall be constructed and conspicuously posted to the satisfaction of the community development director or his or her designee.

(3)

Building and Facilities.

(A)

A minimum of one tub or shower and one toilet and washbasin shall be provided for the patrons in every aromatherapy establishment; however, if male and female patrons are to be served simultaneously at the

establishment, separate toilet facilities shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all washbasins and similar equipment.

(B)

A clean and nonabsorbent waste container with tight fitting covers shall be provided in each toilet room for the storing of waste matter and shall be maintained in a clean and sanitary condition.

(C)

Each washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers.

(D)

Walls of toilet and bathing facilities shall be smooth, waterproof and kept in good repair.

(E)

All walls, ceilings, floors and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition.

(F)

Toilet rooms shall be thoroughly cleaned at least once each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use with disinfectant approved by the county health department.

(G)

All building, plumbing and electrical installations shall be installed under permits issued by the city building official and such installations shall be installed in accordance with the city building codes.

(H)

During the operation of the aromatherapy business, a light level of no less than five foot candles shall be maintained at every point within each room or enclosure where aromatherapy services are given or administered. At least one artificial light of not less than forty watts shall be provided in each room or enclosure of the establishment capable of being occupied by a person.

(I)

No aromatherapy shall be given within any cubicle, room, booth or other area of an aromatherapy establishment that is fitted with a door. A curtain covering the entire entrance to any cubicle, room, booth or other area may be installed.

(J)

Adequate ventilation as required by the Uniform Building Code shall be provided for cubicles, rooms and areas provided for patron's use, which are not serviced directly by required window or mechanical systems of ventilation.

(K)

Each entrance to the aromatherapy establishment, regularly used by the public for ingress or egress to such establishment, shall be visible street or highway frontages only and shall remain unlocked during business hours. Exits for fire safety purposes may be allowed where deemed necessary by the appropriate safety agency.

(4)

Instruments and Equipment.

(A)

Disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof shall be provided for any instruments used in performing any aromatherapy.

(B)

No furniture designed for sleeping shall be located in rooms used for aromatherapy treatment.

(C)

Cleanable and nonabsorbent waste containers with tight fitting covers shall be provided for the storing of all waste matter and shall be maintained in a clean and sanitary condition.

(D)

All establishments shall be so equipped, maintained and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present, effective control measures shall be instituted for their control or elimination.

(5)

Record-Keeping Requirements.

(A)

Every person operating an aromatherapy establishment shall keep a record of the date and hour of each treatment or service, the name and address of the patron, the name of the aromatherapy technician administering such treatment or service, and a description of the treatment or service rendered. The records shall be open to inspection by city, county or state officials charged with the specific enforcement of this chapter. The information contained in such records shall be used only to ensure and enforce compliance with this chapter or any other applicable state or federal laws and shall remain confidential. Failure to record such information or knowingly falsifying such records may be grounds for suspension or revocation of an aromatherapy establishment or aromatherapy technician permit. Sheriff's department or city's code enforcement unit shall be permitted to periodically inspect the treatment and service records to ensure compliance with this chapter. The records shall be maintained for a period of four years.

(B)

The aromatherapy business operator shall prepare or cause to be prepared a written record of the cleaning and disinfecting of areas used for giving aromatherapy services. Entries shall be made into the record within five minutes of the completion of the cleaning or disinfecting event being recorded.

(6)

Employees or Aromatherapy Technicians.

(A)

All employees, including aromatherapy technicians, at all times while on the premises of the aromatherapy establishment, shall be clean and shall wear clean, nontransparent outer garments covering the body from knee to neck. The use of such garments shall be restricted to the aromatherapy establishment.

(B)

Separate dressing rooms for each sex, equipped with individual lockers for each employee, shall be available on the premises.

(i)

No aromatherapy establishment operator or aromatherapy technician shall, while on the premises of an aromatherapy establishment and in the presence of a patron or customer appear in such attire so as to expose specified anatomical areas.

(7)

Prohibited Conduct.

(A)

No owner, operator, responsible managing employee, manager or permittee in charge of or in control of an aromatherapy establishment shall permit, during the course of any service or task associated with the operation of an aromatherapy establishment, any person to aromatherapy, or intentionally touch or make physical contact with specified anatomical areas of another person, nor shall any employee, agent or aromatherapy technician aromatherapy, intentionally touch, or make physical contact with specified anatomical areas of another person.

(B)

During hours of operation, no person other than a valid permit holder under this chapter or a customer for whom the information required pursuant to subsection (5)(A) of this section has been recorded shall be allowed beyond the front lobby of the aromatherapy establishment, which shall be located directly inside the front door entrance of the aromatherapy establishment.

(C)

No person shall enter, be or remain in any part of the aromatherapy establishment while in the possession of, consuming or using alcoholic beverages or drugs, except pursuant to a prescription for such drugs. The

owner, operator, responsible managing employee, manager or permittee shall not permit any person in violation of this subsection to enter or remain upon the premises.

(D)

No person shall enter, be or remain in any part of the aromatherapy establishment while in the possession of a condom, nor shall the storage of condoms be permitted within the aromatherapy establishment.

(E)

The sale or serving of food or beverage or the conducting of non-aromatherapy business on the premises of the aromatherapy establishment is prohibited.

(F)

No aromatherapy establishment may operate as a school of aromatherapy or use the same facilities as that of a school of aromatherapy.

(G)

No owner, operator, responsible managing employee, manager or permittee in charge of or in control of an aromatherapy establishment shall place, publish, distribute, disseminate or broadcast, or cause to be placed, published, distributed, disseminated or broadcasted in any advertising matter that would reasonably suggest to prospective patrons that aromatherapy services other than those services described in Section 5.60.110 are available; nor shall any aromatherapy establishment indicate in the text of any advertisement that aromatherapy services other than those services described in Section 5.60.110 are available.

(Ord. 578 §1(part), 2004).

The operator, owner or responsible managing agent of an aromatherapy establishment shall maintain a complete and current register of the names, residence addresses, and permit numbers (if applicable) of all aromatherapy technicians and persons employed on the premises and the name and residence address of the manager or managing employee principally in charge of the operation of the aromatherapy establishment. Such register shall be kept on the premises of the aromatherapy establishment and shall be available for inspection during regular business hours by any police officer or health officer or other official charged with enforcement of this chapter.

(Ord. 578 §1(part), 2004).

(a)

It is unlawful for any permittee, operator, or other person in charge of any aromatherapy establishment to employ or provide any service that requires a permit pursuant to this chapter to any person who is not at least eighteen years of age.

(b)

It is unlawful for any permittee, operator or other person in charge of any aromatherapy establishment to permit to enter or remain within the aromatherapy establishment, any person who is not at least eighteen years of age.

(Ord. 578 §1(part), 2004).

Upon sale or transfer of ownership or control of an aromatherapy establishment, as defined in this section, any permit issued pursuant to this chapter shall be null and void. A new application shall be made by any person, firm or entity desiring to own or operate the aromatherapy establishment.

(Ord. 578 §1(part), 2004).

(a)

Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of no less than a misdemeanor, and any conviction thereof shall be punishable by a fine of no less than one thousand dollars or by imprisonment of no less than six months, or by both such fine and imprisonment.

(b)

Nothing in this section shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. If an injunction must be sought, attorney's fees and costs will be assessed at the discretion of the court against the party subject to such injunction.

(c)

Nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement procedures established pursuant to the laws of the State of California and the city of Commerce.

(d)

Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continue.

(e)

Any aromatherapy establishment shall be subject to the following restrictions:

(1)

A person commits a misdemeanor if he or she operates or causes to be operated an aromatherapy establishment without a permit.

(2)

A person commits a misdemeanor if he or she operates or causes to be operated an aromatherapy establishment, regardless of whether or not a permit has been issued for such business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

(3)

A person commits a misdemeanor if he or she operates or causes to be operated an aromatherapy establishment, regardless of whether or not a permit has been issued for such business under this chapter, and allows such business to remain open for business, or to permit any employee to solicit or provide aromatherapy services, between the hours of ten p.m. and eight a.m.

(4)

A person commits a misdemeanor if, working as an employee or an aromatherapy technician of an aromatherapy establishment, regardless of whether or not a permit has been issued for such business under this chapter, such person engages in a service, or solicits a service, between the hours of ten p.m. and eight a.m.

(5)

A person commits a misdemeanor if he or she operates or causes to be operated an aromatherapy establishment, regardless of whether or not a business license has been issued for such business under this chapter, and such person knows that or should know that:

(A)

The business does not have an aromatherapy establishment permit under this chapter;

(B)

The aromatherapy establishment has a permit which is under suspension or has been revoked; or

(C)

The aromatherapy establishment has a permit which has expired.

(Ord. 578 §1(part), 2004).

(a)

Any aromatherapy establishment lawfully operating on the effective date of this chapter shall apply for an aromatherapy establishment permit under the provisions of this chapter no later than six months from the effective date of this chapter and shall comply with all the requirements that are prerequisites for issuance

of a permit before such permit will issue. Possible extension of six additional months may be granted by the planning commission by showing that compliance with the provisions of this chapter imposes an extreme financial hardship on the owner of the aromatherapy establishment. Any request for an extension shall be made within thirty days of the effective date of this chapter. The planning commission may condition any extension on compliance with requirements of this chapter that do not impose extreme financial hardship.

(b)

Existing aromatherapy technician permits shall continue in effect until expiration. All existing aromatherapy technician permit holders shall have six months from the effective date of this chapter to meet and comply with the requirement that an aromatherapy technician receive a diploma or certificate of graduation from a recognized school of aromatherapy.

(Ord. 578 §1(part), 2004).

The city and its designee, the sheriff's department and all other departments and agencies and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from civil or criminal prosecution for reasonably and in good faith entering upon an aromatherapy establishment while acting within the scope of authority, conferred by this chapter.

(Ord. 578 §1(part), 2004).

The provisions set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other ordinances, statutes or regulations pertaining to the operation of aromatherapy establishments as adopted by the city council of the city of Commerce, the county of Los Angeles or the State of California.

(Ord. 578 §1(part), 2004).

In addition to the penalties of this chapter, any aromatherapy establishment which is operating in violation of this chapter or any provision thereof is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Ord. 578 §1(part), 2004).

If any city ordinance or regulation or any part thereof, is found in conflict with the provisions of this chapter, the provisions of this chapter shall apply.

(Ord. 578 §1(part), 2004).